CFR 2016 Title40 Vol13

Title 40
Protection of Environment
Part 63 (§§ 63.1200 to 63.1439)
Revised as of July 1, 2016
Containing a codification of documents

of general applicability and future effect
As of July 1, 2016
Published by the Office of the Federal Register

National Archives and Records Administration
as a Special Edition of the Federal Register
lpowell on DSK54DXVN1OFR with $$_JOB
VerDate Sep<11>2014 10:37 Sep 12, 2016 Jkt 238163 PO 00000 Frm 00001 Fmt 8091 Sfmt 8091 Q:\40\40V13.TXT 31
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Table of Contents
Page
Explanation ................................................................................................ v
Title 40:
Chapter I—Environmental Protection Agency (Continued) ............ 3
Finding Aids:
Table of CFR Titles and Chapters ....................................................... 699
Alphabetical List of Agencies Appearing in the CFR ......................... 719
List of CFR Sections Affected ............................................................. 729

iii
Cite this Code: CFR
To cite the regulations in

this volume use title,
part and section num-
ber. Thus, 40 CFR
63.1200 refers to title 40,
part 63, section 1200.
iv
Explanation
The Code of Federal Regulations is a codification of the general and permanent
rules published in the Federal Register by the Executive departments and agen-
cies of the Federal Government. The Code is divided into 50 titles which represent
broad areas subject to Federal regulation. Each title is divided into chapters
which usually bear the name of the issuing agency. Each chapter is further sub-
divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
Title 17 through Title 27 .................................................................as of April 1
Title 28 through Title 41 ..................................................................as of July 1
Title 42 through Title 50 .............................................................as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
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vi
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Director,
Office of the Federal Register.
July 1, 2016.
vii
THIS TITLE
Title 40—PROTECTION OF ENVIRONMENT is composed of thirty-seven volumes.

The parts in these volumes are arranged in the following order: Parts 1–49, parts
50–51, part 52 (52.01–52.1018), part 52 (52.1019–52.2019), part 52 (52.2020–end of part
52), parts 53–59, part 60 (60.1–60.499) , part 60 (60.500–end of part 60, sections), part
60 (Appendices), parts 61–62, part 63 (63.1–63.599), part 63 (63.600–63.1199), part 63
(63.1200–63.1439), part 63 (63.1440–63.6175), part 63 (63.6580–63.8830), part 63 (63.8980–
end of part 63), parts 64–71, parts 72–79, part 80, part 81, parts 82–86, parts 87–
95, parts 96–99, parts 100–135, parts 136–149, parts 150–189, parts 190–259, parts 260–
265, parts 266–299, parts 300–399, parts 400–424, parts 425–699, parts 700–722, parts
723–789, parts 790–999, parts 1000–1059, and part 1060 to end. The contents of these
volumes represent all current regulations codified under this title of the CFR
as of July 1, 2016.
Chapter I—Environmental Protection Agency appears in all thirty-seven vol-

umes. Regulations issued by the Council on Environmental Quality, including
an Index to Parts 1500 through 1508, appear in the volume containing parts 1060
to end. The OMB control numbers for title 40 appear in § 9.1 of this chapter.
For this volume, Robert J Sheehan, III was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum Martinez,
assisted by Stephen J. Frattini.
ix
Title 40—Protection of
Environment
(This book contains part 63, §§ 63.1200 to 63.1439)
Part
CHAPTER I—Environmental Protection Agency (Continued) 63

CHAPTER I—ENVIRONMENTAL PROTECTION
AGENCY (CONTINUED)
EDITORIAL NOTE: Nomenclature changes to chapter I appear at 65 FR 47324, 47325, Aug. 2,

2000.
SUBCHAPTER C—AIR PROGRAMS (CONTINUED)
Part Page
63 National emission standards for hazardous air pol-
lutants for source categories (Continued) ............ 5
SUBCHAPTER C—AIR PROGRAMS (CONTINUED)
PART 63—NATIONAL EMISSION EMISSIONS STANDARDS AND OPERATING LIMITS

FOR SOLID FUEL BOILERS, LIQUID FUEL
STANDARDS FOR HAZARDOUS BOILERS, AND HYDROCHLORIC ACID PRODUC-
AIR POLLUTANTS FOR SOURCE TION FURNACES
CATEGORIES (CONTINUED) 63.1216 What are the standards for solid fuel
boilers that burn hazardous waste?
Subpart EEE—National Emission Standards 63.1217 What are the standards for liquid
for Hazardous Air Pollutants from Haz- fuel boilers that burn hazardous waste?
ardous Waste Combustors 63.1218 What are the standards for hydro-
chloric acid production furnaces that
GENERAL burn hazardous waste?
Sec.
63.1200 Who is subject to these regulations? REPLACEMENT EMISSIONS STANDARDS AND OP-
63.1201 Definitions and acronyms used in ERATING LIMITS FOR INCINERATORS, CEMENT
this subpart. KILNS, AND LIGHTWEIGHT AGGREGATE
63.1202 [Reserved] KILNS
63.1219 What are the replacement standards
INTERIM EMISSIONS STANDARDS AND OPER-
for hazardous waste incinerators?
ATING LIMITS FOR INCINERATORS, CEMENT
KILNS, AND LIGHTWEIGHT AGGREGATE 63.1220 What are the replacement standards
KILNS for hazardous waste burning cement
kilns?
63.1203 What are the standards for haz- 63.1221 What are the replacement standards
ardous waste incinerators that are effec- for hazardous waste burning lightweight
tive until compliance with the standards aggregate kilns?
under § 63.1219?
TABLE 1 TO SUBPART EEE OF PART 63—GEN-
63.1204 What are the standards for haz-
ERAL PROVISIONS APPLICABLE TO SUBPART
ardous waste burning cement kilns that
EEE
are effective until compliance with the
APPENDIX TO SUBPART EEE OF PART 63—
standards under § 63.1220?
QUALITY ASSURANCE PROCEDURES FOR
63.1205 What are the standards for haz-
CONTINUOUS EMISSIONS MONITORS USED
ardous waste burning lightweight aggre-
FOR HAZARDOUS WASTE COMBUSTORS
gate kilns that are effective until com-
pliance with the standards under
§ 63.1221? Subpart FFF [Reserved]
MONITORING AND COMPLIANCE PROVISIONS Subpart GGG—National Emission

63.1206 When and how must you comply Standards for Pharmaceuticals Production
with the standards and operating re- 63.1250 Applicability.
quirements?
63.1251 Definitions.
63.1207 What are the performance testing re-
63.1252 Standards: General.
quirements?
63.1208 What are the test methods? 63.1253 Standards: Storage tanks.
63.1209 What are the monitoring require- 63.1254 Standards: Process vents.
ments? 63.1255 Standards: Equipment leaks.
63.1256 Standards: Wastewater.
NOTIFICATION, REPORTING AND 63.1257 Test methods and compliance proce-
RECORDKEEPING dures.
63.1210 What are the notification require- 63.1258 Monitoring requirements.
ments? 63.1259 Recordkeeping requirements.
63.1211 What are the recordkeeping and re- 63.1260 Reporting requirements.
porting requirements? 63.1261 Implementation and enforcement.
TABLE 1 TO SUBPART GGG OF PART 63—GEN-
OTHER ERAL PROVISIONS APPLICABILITY TO SUB-
63.1212 What are the other requirements PART GGG
pertaining to the NIC? TABLE 2 TO SUBPART GGG OF PART 63—PAR-
63.1213 How can the compliance date be ex- TIALLY SOLUBLE HAP
tended to install pollution prevention or TABLE 3 TO SUBPART GGG OF PART 63—SOLU-
waste minimization controls? BLE HAP
63.1214 Implementation and enforcement. TABLE 4 TO SUBPART GGG OF PART 63—MONI-

63.1215 What are the health-based compli- TORING REQUIREMENTS FOR CONTROL DE-
ance alternatives for total chlorine? VICES
Pt. 63 40 CFR Ch. I (7–1–16 Edition)
TABLE 5 TO SUBPART GGG OF PART 63—CON- 63.1298 Standards for slabstock flexible
TROL REQUIREMENTS FOR ITEMS OF EQUIP- polyurethane foam production—HAP
MENT THAT MEET THE CRITERIA OF emissions from equipment cleaning.
§ 63.1252(f) 63.1299 [Reserved]
TABLE 6 TO SUBPART GGG OF PART 63— 63.1300 Standards for molded flexible poly-
WASTEWATER—COMPLIANCE OPTIONS FOR urethane foam production.
WASTEWATER TANKS 63.1301 Standards for rebond foam produc-
TABLE 7 TO SUBPART GGG OF PART 63— tion.
WASTEWATER—INSPECTION AND MONI- 63.1302 Applicability of subpart A require-
TORING REQUIREMENTS FOR WASTE MAN- ments.
AGEMENT UNITS 63.1303 Monitoring requirements.
TABLE 8 TO SUBPART GGG OF PART 63—FRAC- 63.1304 [Reserved]
TION MEASURED (Fm) FOR HAP COMPOUNDS 63.1305 Alternative means of emission limi-
IN WASTEWATER STREAMS tation.
TABLE 9 TO SUBPART GGG OF PART 63—DE- 63.1306 Reporting requirements.
FAULT BIORATES FOR LIST 1 COMPOUNDS 63.1307 Recordkeeping requirements.
63.1308 Compliance demonstrations.
Subpart HHH—National Emission Standards 63.1309 Implementation and enforcement.
for Hazardous Air Pollutants From Nat- APPENDIX TO SUBPART III OF PART 63—TA-
ural Gas Transmission and Storage Fa- BLES: NOTE
cilities TABLE 1 TO SUBPART III OF PART 63—APPLI-
CABILITY OF GENERAL PROVISIONS (40 CFR
63.1270 Applicability and designation of af- PART 63, SUBPART A) TO SUBPART III
fected source. TABLE 2 TO SUBPART III OF PART 63—COMPLI-
63.1271 Definitions. ANCE REQUIREMENTS FOR SLABSTOCK
63.1272 Affirmative defense for violations of FOAM PRODUCTION AFFECTED SOURCES
emission standards during malfunction. TABLE 3 TO SUBPART III OF PART 63—COMPLI-
63.1273 [Reserved] ANCE REQUIREMENTS FOR MOLDED AND
63.1274 General standards. REBOND FOAM PRODUCTION AFFECTED
63.1275 Glycol dehydration unit process vent SOURCES
standards.
63.1276–63.1280 [Reserved] Subpart JJJ—National Emission Standards
63.1281 Control equipment requirements. for Hazardous Air Pollutant Emissions:
63.1282 Test methods, compliance proce- Group IV Polymers and Resins
dures, and compliance demonstrations.
63.1283 Inspection and monitoring require- 63.1310 Applicability and designation of af-
ments. fected sources.
63.1284 Recordkeeping requirements. 63.1311 Compliance dates and relationship of
63.1285 Reporting requirements. this subpart to existing applicable rules.
63.1286 Implementation and enforcement. 63.1312 Definitions.
63.1313 Emission standards.
63.1287 Alternative means of emission limi-
63.1314 Storage vessel provisions.
tation.
63.1315 Continuous process vents provisions.
63.1288–63.1289 [Reserved]
63.1316 PET and polystyrene affected
APPENDIX: TABLE 1 TO SUBPART HHH OF PART sources—emissions control provisions.
63—LIST OF HAZARDOUS AIR POLLUTANTS 63.1317 PET and polystyrene affected
(HAP) FOR SUBPART HHH sources—monitoring provisions.
APPENDIX: TABLE 2 TO SUBPART HHH OF PART 63.1318 PET and polystyrene affected
63—APPLICABILITY OF 40 CFR PART 63 sources—testing and compliance dem-
GENERAL PROVISIONS TO SUBPART HHH onstration provisions.
63.1319 PET and polystyrene affected
Subpart III—National Emission Standards sources—recordkeeping provisions.
for Hazardous Air Pollutants for Flexible 63.1320 PET and polystyrene affected
Polyurethane Foam Production sources—reporting provisions.
63.1321 Batch process vents provisions.
63.1290 Applicability. 63.1322 Batch process vents—reference con-
63.1291 Compliance schedule. trol technology.
63.1292 Definitions. 63.1323 Batch process vents—methods and
63.1293 Standards for slabstock flexible procedures for group determination.
polyurethane foam production. 63.1324 Batch process vents—monitoring
63.1294 Standards for slabstock flexible equipment.
polyurethane foam production— 63.1325 Batch process vents—performance
diisocyanate emissions. test methods and procedures to deter-
63.1295–63.1296 [Reserved] mine compliance.

63.1297 Standards for slabstock flexible 63.1326 Batch process vents—recordkeeping
polyurethane foam production—HAP provisions.
ABA.
6
Environmental Protection Agency Pt. 63
63.1327 Batch process vents—reporting re- 63.1345 Emissions limits for affected sources
quirements. other than kilns; clinker coolers; new
63.1328 Heat exchange systems provisions. and reconstructed raw material dryers.
63.1329 Process contact cooling towers pro- 63.1346 Operating limits for kilns.
visions. 63.1347 Operation and maintenance plan re-
63.1330 Wastewater provisions. quirements.
63.1331 Equipment leak provisions. 63.1348 Compliance requirements.
63.1332 Emissions averaging provisions.
MONITORING AND COMPLIANCE PROVISIONS
63.1333 Additional requirements for per-
formance testing. 63.1349 Performance testing requirements.
63.1334 Parameter monitoring levels and ex- 63.1350 Monitoring requirements.
cursions. 63.1351 Compliance dates.
63.1335 General recordkeeping and reporting 63.1352 Additional test methods.
provisions.
63.1336 Implementation and enforcement. NOTIFICATION, REPORTING AND
RECORDKEEPING
TABLE 1 TO SUBPART JJJ OF PART 63—APPLI-
CABILITY OF GENERAL PROVISIONS TO SUB- 63.1353 Notification requirements.
PART JJJ AFFECTED SOURCES 63.1354 Reporting requirements.
TABLE 2 TO SUBPART JJJ OF PART 63—GROUP 63.1355 Recordkeeping requirements.
1 STORAGE VESSELS AT EXISTING AF-
OTHER
FECTED SOURCES
TABLE 3 TO SUBPART JJJ OF PART 63—GROUP 63.1356 Sources with multiple emission lim-
1 STORAGE VESSELS AT EXISTING AF- its or monitoring requirements.
FECTED SOURCES PRODUCING THE LISTED 63.1357 [Reserved]
THERMOPLASTICS 63.1358 Implementation and enforcement.
TABLE 4 TO SUBPART JJJ OF PART 63—GROUP 63.1359 [Reserved]
1 STORAGE VESSELS AT NEW AFFECTED TABLE 1 TO SUBPART LLL OF PART 63—APPLI-
SOURCES CABILITY OF GENERAL PROVISIONS
TABLE 5 TO SUBPART JJJ OF PART 63—GROUP
1 STORAGE VESSELS AT NEW AFFECTED Subpart MMM—National Emission Stand-
SOURCES PRODUCING THE LISTED THERMO- ards for Hazardous Air Pollutants for
PLASTICS Pesticide Active Ingredient Production
TABLE 6 TO SUBPART JJJ OF PART 63—KNOWN
ORGANIC HAP EMITTED FROM THE PRO- 63.1360 Applicability.
DUCTION OF THERMOPLASTIC PRODUCTS 63.1361 Definitions.
TABLE 7 TO SUBPART JJJ OF PART 63—GROUP 63.1362 Standards.
1 BATCH PROCESS VENTS AND AGGREGATE 63.1363 Standards for equipment leaks.
BATCH VENT STREAMS—MONITORING, REC- 63.1364 Compliance dates.
ORDKEEPING, AND REPORTING REQUIRE- 63.1365 Test methods and initial compliance
MENTS procedures.
TABLE 8 TO SUBPART JJJ OF PART 63—OPER- 63.1366 Monitoring and inspection require-
ATING PARAMETERS FOR WHICH LEVELS ments.
ARE REQUIRED TO BE ESTABLISHED FOR 63.1367 Recordkeeping requirements.
CONTINUOUS AND BATCH PROCESS VENTS 63.1368 Reporting requirements.
AND AGGREGATE BATCH VENT STREAMS 63.1369 Implementation and enforcement.
TABLE 9 TO SUBPART JJJ OF PART 63—ROU- TABLE 1 TO SUBPART MMM OF PART 63—GEN-
TINE REPORTS REQUIRED BY THIS SUBPART ERAL PROVISIONS APPLICABILITY TO SUB-
PART MMM.
Subpart KKK [Reserved] TABLE 2 TO SUBPART MMM OF PART 63—
STANDARDS FOR NEW AND EXISTING PAI
Subpart LLL—National Emission Standards SOURCES.
for Hazardous Air Pollutants From the TABLE 3 TO SUBPART MMM OF PART 63—MON-
Portland Cement Manufacturing Indus- ITORING REQUIREMENTS FOR CONTROL DE-
VICES.
try
TABLE 4 TO SUBPART MMM OF PART 63—CON-
GENERAL TROL REQUIREMENTS FOR ITEMS OF EQUIP-
MENT THAT MEET THE CRITERIA OF
63.1340 What parts of my plant does this § 63.1362(k).
subpart cover?
63.1341 Definitions. Subpart NNN—National Emission Standards
EMISSION STANDARDS AND OPERATING LIMITS for Hazardous Air Pollutants for Wool
Fiberglass Manufacturing
63.1342 Standards: General.

63.1343 What standards apply to my kilns, 63.1380 Applicability.
clinker coolers, raw material dryers, and 63.1381 Definitions.
open clinker storage piles? 63.1382 Emission standards.
63.1344 [Reserved]
7
Pt. 63 40 CFR Ch. I (7–1–16 Edition)
63.1383 Monitoring requirements. TABLE 3 TO SUBPART OOO OF PART 63—BATCH
63.1384 Performance test requirements. PROCESS VENT MONITORING REQUIRE-
63.1385 Test methods and procedures. MENTS
63.1386 Notification, recordkeeping, and re- TABLE 4 TO SUBPART OOO OF PART 63—OPER-
porting requirements. ATING PARAMETER LEVELS
63.1387 Compliance dates. TABLE 5 TO SUBPART OOO OF PART 63—RE-
63.1388 Implementation and enforcement. PORTS REQUIRED BY THIS SUBPART
63.1389 Startups and shutdowns. TABLE 6 TO SUBPART OOO OF PART 63—COEF-
FICIENTS FOR TOTAL RESOURCE EFFEC-
63.1390–63.1399 [Reserved]
TIVENESS
TABLE 1 TO SUBPART NNN OF PART 63—APPLI-
CABILITY OF GENERAL PROVISIONS (40 CFR Subpart PPP—National Emission Standards
PART 63, SUBPART A) TO SUBPART NNN. for Hazardous Air Pollutant Emissions
TABLE 2 TO SUBPART NNN OF PART 63—EMIS- for Polyether Polyols Production
SIONS LIMITS AND COMPLIANCE DATES
APPENDIX A TO SUBPART NNN OF PART 63— 63.1420 Applicability and designation of af-
METHOD FOR THE DETERMINATION OF LOI fected sources.
APPENDIX B TO SUBPART NNN OF PART 63— 63.1421 Implementation and enforcement.
FREE FORMALDEHYDE ANALYSIS OF INSULA- 63.1422 Compliance dates and relationship of
TION RESINS BY HYDROXYLAMINE HYDRO- this rule to existing applicable rules.
CHLORIDE 63.1423 Definitions.
APPENDIX C TO SUBPART NNN OF PART 63— 63.1424 Emission standards.
METHOD FOR THE DETERMINATION OF PROD- 63.1425 Process vent control requirements.
UCT DENSITY 63.1426 Process vent requirements for deter-
mining organic HAP concentration, con-
Subpart OOO—National Emission Stand- trol efficiency, and aggregated organic
ards for Hazardous Air Pollutant Emis- HAP emission reduction for a PMPU.
63.1427 Process vent requirements for proc-
sions: Manufacture of Amino/Phenolic esses using extended cookout as an epox-
Resins ide emission reduction technique.
63.1428 Process vent requirements for group
63.1400 Applicability and designation of af-
determination of PMPUs using a non-
fected sources.
epoxide organic HAP to make or modify
63.1401 Compliance schedule. the product.
63.1402 Definitions. 63.1429 Process vent monitoring require-
63.1403 Emission standards. ments.
63.1404 Storage vessel provisions. 63.1430 Process vent reporting and record-
63.1405 Continuous process vent provisions. keeping requirements.
63.1406 Reactor batch process vent provi- 63.1431 Process vent annual epoxides emis-
sions. sion factor plan requirements.
63.1407 Non-reactor batch process vent pro- 63.1432 Storage vessel provisions.
visions. 63.1433 Wastewater provisions.
63.1408 Aggregate batch vent stream provi- 63.1434 Equipment leak provisions.
sions. 63.1435 Heat exchanger provisions.
63.1409 Heat exchange system provisions. 63.1436 [Reserved]
63.1410 Equipment leak provisions. 63.1437 Additional requirements for per-
63.1411 [Reserved] formance testing.
63.1412 Continuous process vent applica- 63.1438 Parameter monitoring levels and ex-
bility assessment procedures and meth- cursions.
ods. 63.1439 General recordkeeping and reporting
provisions.
63.1413 Compliance demonstration proce-
dures. TABLE 1 TO SUBPART PPP OF PART 63—APPLI-
63.1414 Test methods and emission esti- CABILITY OF GENERAL PROVISIONS TO SUB-
mation equations. PART PPP AFFECTED SOURCES
63.1415 Monitoring requirements. TABLE 2 TO SUBPART PPP OF PART 63—APPLI-
CABILITY OF HON PROVISIONS TO SUBPART
63.1416 Recordkeeping requirements.
PPP AFFECTED SOURCES
63.1417 Reporting requirements.
TABLE 3 TO SUBPART PPP OF PART 63—GROUP
63.1418 [Reserved]
1 STORAGE VESSELS AT EXISTING AND NEW
63.1419 Implementation and enforcement. AFFECTED SOURCES
TABLE 1 TO SUBPART OOO OF PART 63—APPLI- TABLE 4 TO SUBPART PPP OF PART 63—KNOWN
CABILITY OF GENERAL PROVISIONS TO SUB- ORGANIC HAP FROM POLYETHER POLYOL
PART OOO AFFECTED SOURCES PRODUCTS
TABLE 2 TO SUBPART OOO OF PART 63—KNOWN TABLE 5 TO SUBPART PPP OF PART 63—PROC-
ORGANIC HAZARDOUS AIR POLLUTANTS ESS VENTS FROM BATCH UNIT OPER-
(HAP) FROM THE MANUFACTURE OF AMINO/ ATIONS—MONITORING, RECORDKEEPING,
PHENOLIC RESINS AND REPORTING REQUIREMENTS
Environmental Protection Agency § 63.1200
TABLE 6 TO SUBPART PPP OF PART 63—PROC- hazardous waste incinerators, haz-
ESS VENTS FROM CONTINUOUS UNIT OPER- ardous waste cement kilns, hazardous
ATIONS—MONITORING, RECORDKEEPING,
AND REPORTING REQUIREMENTS
waste lightweight aggregate kilns, haz-
TABLE 7 TO SUBPART PPP OF PART 63—OPER- ardous waste solid fuel boilers, haz-
ATING PARAMETERS FOR WHICH MONI- ardous waste liquid fuel boilers, and
TORING LEVELS ARE REQUIRED TO BE ES- hazardous waste hydrochloric acid pro-
TABLISHED FOR PROCESS VENT STREAMS duction furnaces. Hazardous waste
TABLE 8 TO SUBPART PPP OF PART 63—ROU-
combustors are also subject to applica-
TINE REPORTS REQUIRED BY THIS SUBPART
ble requirements under parts 260
AUTHORITY: 42 U.S.C. 7401 et seq. through 270 of this chapter.
SOURCE: 57 FR 61992, Dec. 29, 1992, unless (a) What if I am an area source? (1)
otherwise noted. Both area sources and major sources
are subject to this subpart.
Subpart EEE—National Emission (2) Both area sources and major
Standards for Hazardous Air sources subject to this subpart, but not
Pollutants from Hazardous previously subject to title V, are im-
Waste Combustors mediately subject to the requirement
to apply for and obtain a title V permit
SOURCE: 64 FR 53038, Sept. 30, 1999, unless in all States, and in areas covered by
otherwise noted. part 71 of this chapter.
(b) These regulations in this subpart
GENERAL
do not apply to sources that meet the
§ 63.1200 Who is subject to these regu- criteria in Table 1 of this Section, as
lations? follows:
The provisions of this subpart apply
to all hazardous waste combustors:
TABLE 1 TO § 63.1200—HAZARDOUS WASTE COMBUSTORS EXEMPT FROM SUBPART EEE
If And if Then
(1) You are a previously af- (i) You ceased feeding hazardous waste for a period of time You are no longer subject to
fected source. greater than the hazardous waste residence time (i.e., haz- this subpart (Subpart EEE).
ardous waste no longer resides in the combustion cham-
ber);.
(ii) You have initiated the closure requirements of subpart G,
parts 264 or 265 of this chapter;.
(iii) You begin complying with the requirements of all other
applicable standards of this part (Part 63); and.
(iv) You notify the Administrator in writing that you are no
longer an affected source under this subpart (Subpart EEE).
(2) You are a research, devel- You operate for no longer than one year after first burning You are not subject to this
opment, and demonstration hazardous waste (Note that the Administrator can extend subpart (Subpart EEE). This
source. this one-year restriction on a case-by-case basis upon your exemption applies even if
written request documenting when you first burned haz- there is a hazardous waste
ardous waste and the justification for needing additional combustor at the plant site
time to perform research, development, or demonstration that is regulated under this
operations).. subpart. You still, however,
remain subject to § 270.65
of this chapter.
(3) The only hazardous wastes ................................................................................................... You are not subject to the re-
you burn are exempt from quirements of this subpart
regulation under § 266.100(c) (Subpart EEE).
of this chapter.
(4) You meet the definition of a ................................................................................................... You are not subject to the re-
small quantity burner under quirements of this subpart
§ 266.108 of this chapter. (Subpart EEE).
§ 63.1201 40 CFR Ch. I (7–1–16 Edition)
(c) Table 1 of this section specifies Feedrate operating limits means limits
the provisions of subpart A (General on the feedrate of materials (e.g., met-
Provisions, §§ 63.1–63.15) that apply and als, chlorine) to the combustor that are
those that do not apply to sources af- established based on comprehensive
fected by this subpart. performance testing. The limits are es-
[64 FR 53038, Sept. 30, 1999, as amended at 65 tablished and monitored by knowing
FR 42297, July 10, 2000; 67 FR 6986, Feb. 14, the concentration of the limited mate-
2002; 70 FR 59540, Oct. 12, 2005] rial (e.g., chlorine) in each feedstream
and the flowrate of each feedstream.
§ 63.1201 Definitions and acronyms Feedstream means any material fed
used in this subpart. into a hazardous waste combustor, in-
(a) The terms used in this subpart are cluding, but not limited to, any pump-
defined in the Act, in subpart A of this able or nonpumpable solid, liquid, or
part, or in this section as follows: gas.
Air pollution control system means the Flowrate means the rate at which a
equipment used to reduce the release of feedstream is fed into a hazardous
particulate matter and other pollut- waste combustor.
ants to the atmosphere. Hazardous waste is defined in § 261.3 of
Automatic waste feed cutoff (AWFCO) this chapter.
system means a system comprised of Hazardous waste burning cement kiln
cutoff valves, actuator, sensor, data means a rotary kiln and any associated
manager, and other necessary compo- preheater or precalciner devices that
nents and electrical circuitry designed, produce clinker by heating limestone
operated and maintained to stop the
and other materials for subsequent pro-
flow of hazardous waste to the combus-
duction of cement for use in commerce,
tion unit automatically and imme-
and that burns hazardous waste at any
diately (except as provided by
time.
§ 63.1206(c)(3)(viii)) when any operating
requirement is exceeded. Hazardous waste combustor means a
Btu means British Thermal Units. hazardous waste incinerator, hazardous
By-pass duct means a device which di- waste burning cement kiln, hazardous
verts a minimum of 10 percent of a ce- waste burning lightweight aggregate
ment kiln’s off gas, or a device which kiln, hazardous waste liquid fuel boiler,
the Administrator determines on a hazardous waste solid fuel boiler, or
case-by-case basis diverts a sample of hazardous waste hydrochloric acid pro-
kiln gas that contains levels of carbon duction furnace.
monoxide or hydrocarbons representa- Hazardous waste hydrochloric acid pro-
tive of the levels in the kiln. duction furnace and Hazardous Waste
Combustion chamber means the area in HCl production furnace mean a halogen
which controlled flame combustion of acid furnace defined under § 260.10 of
hazardous waste occurs. this chapter that produces aqueous hy-
Continuous monitor means a device drochloric acid (HCl) product and that
which continuously samples the regu- burns hazardous waste at any time.
lated parameter specified in § 63.1209 Hazardous waste incinerator means a
without interruption, evaluates the de- device defined as an incinerator in
tector response at least once every 15 § 260.10 of this chapter and that burns
seconds, and computes and records the hazardous waste at any time. For pur-
average value at least every 60 seconds, poses of this subpart, the hazardous
except during allowable periods of cali- waste incinerator includes all associ-
bration and except as defined otherwise ated firing systems and air pollution
by the CEMS Performance Specifica- control devices, as well as the combus-
tions in appendix B, part 60 of this tion chamber equipment.
chapter. Hazardous waste lightweight aggregate
Dioxin/furan and dioxins and furans kiln means a rotary kiln that produces
mean tetra-, penta-, hexa-, hepta-, and clinker by heating materials such as
octa-chlorinated dibenzo dioxins and slate, shale and clay for subsequent
furans. production of lightweight aggregate

Existing source means any affected used in commerce, and that burns haz-
source that is not a new source. ardous waste at any time.
10
Hazardous waste liquid fuel boiler with or without a roof, louvered vents,
means a boiler defined under § 260.10 of or a combination of such features.
this chapter that does not burn solid MTEC means maximum theoretical
fuels and that burns hazardous waste emissions concentration of metals or
at any time. Liquid fuel boiler includes HCl/Cl, expressed as μg/dscm, and is
boilers that only burn gaseous fuel. calculated by dividing the feedrate by
Hazardous waste residence time means the gas flowrate.
the time elapsed from cutoff of the New source means any affected source
flow of hazardous waste into the com- the construction or reconstruction of
bustor (including, for example, the which is commenced after the dates
time required for liquids to flow from specified under §§ 63.1206(a)(1)(i)(B),
the cutoff valve into the combustor) (a)(1)(ii)(B), and (a)(2)(ii).
until solid, liquid, and gaseous mate- One-minute average means the aver-
rials from the hazardous waste (exclud- age of detector responses calculated at
ing residues that may adhere to com- least every 60 seconds from responses
bustion chamber surfaces and exclud- obtained at least every 15 seconds.
ing waste-derived recycled materials
Operating record means a documenta-
such as cement kiln dust and inter-
tion retained at the facility for ready
nally recycled metals) exit the combus-
inspection by authorized officials of all
tion chamber. For combustors with
information required by the standards
multiple firing systems whereby the
residence time may vary for the firing to document and maintain compliance
systems, the hazardous waste residence with the applicable regulations, includ-
time for purposes of complying with ing data and information, reports, noti-
this subpart means the longest resi- fications, and communications with
dence time for any firing system in use regulatory officials.
at the time of the waste cutoff. Operating requirements means oper-
Hazardous waste solid fuel boiler ating terms or conditions, limits, or
means a boiler defined under § 260.10 of operating parameter limits developed
this chapter that burns a solid fuel and under this subpart that ensure compli-
that burns hazardous waste at any ance with the emission standards.
time. Preheater tower combustion gas moni-
Initial comprehensive performance test toring location means a location within
means the comprehensive performance the preheater tower of a dry process ce-
test that is used as the basis for ini- ment kiln downstream (in terms of gas
tially demonstrating compliance with flow) of all hazardous waste firing loca-
the standards. tions and where a representative sam-
In-line kiln raw mill means a haz- ple of combustion gas to measure com-
ardous waste burning cement kiln de- bustion efficiency can be monitored.
sign whereby kiln gas is ducted Raw material feed means the prepared
through the raw material mill for por- and mixed materials, which include but
tions of time to facilitate drying and are not limited to materials such as
heating of the raw material. limestone, clay, shale, sand, iron ore,
Instantaneous monitoring for combus- mill scale, cement kiln dust and flyash,
tion system leak control means detect- that are fed to a cement or lightweight
ing and recording pressure, without use aggregate kiln. Raw material feed does
of an averaging period, at a frequency not include the fuels used in the kiln to
adequate to detect combustion system produce heat to form the clinker prod-
leak events from hazardous waste com- uct.
bustion. Research, development, and demonstra-
Monovent means an exhaust configu- tion source means a source engaged in
ration of a building or emission control laboratory, pilot plant, or prototype
device (e.g. positive pressure fabric fil- demonstration operations:
ter) that extends the length of the (1) Whose primary purpose is to con-
structure and has a width very small in duct research, development, or short-
relation to its length (i.e., length to term demonstration of an innovative

width ratio is typically greater than and experimental hazardous waste
5:1). The exhaust may be an open vent treatment technology or process; and
11
§ 63.1202 40 CFR Ch. I (7–1–16 Edition)
(2) Where the operations are under § 63.1202 [Reserved]

the close supervision of technically-
trained personnel. INTERIM EMISSIONS STANDARDS AND OP-
Rolling average means the average of ERATING LIMITS FOR INCINERATORS,
all one-minute averages over the aver- CEMENT KILNS, AND LIGHTWEIGHT AG-
GREGATE KILNS
aging period.
Run means the net period of time § 63.1203 What are the standards for
during which an air emission sample is hazardous waste incinerators that
collected under a given set of operating are effective until compliance with
conditions. Three or more runs con- the standards under § 63.1219?
stitutes a test. Unless otherwise speci- (a) Emission limits for existing sources.
fied, a run may be either intermittent You must not discharge or cause com-
or continuous. bustion gases to be emitted into the at-
Run average means the average of the mosphere that contain:
one-minute average parameter values (1) For dioxins and furans:
for a run. (i) Emissions in excess of 0.20 ng TEQ/
dscm corrected to 7 percent oxygen; or
System removal efficiency means [1 ¥
(ii) Emissions in excess of 0.40 ng
Emission Rate (mass/time) / Feedrate
TEQ/dscm corrected to 7 percent oxy-
(mass/time)] X 100. gen provided that the combustion gas
TEQ means the international method temperature at the inlet to the initial
of expressing toxicity equivalents for particulate matter control device is 400
dioxins and furans as defined in U.S. °F or lower based on the average of the
EPA, Interim Procedures for Esti- test run average temperatures. (For
mating Risks Associated with Expo- purposes of compliance, operation of a
sures to Mixtures of Chlorinated wet particulate control device is pre-
Dibenzo-p-dioxins and -dibenzofurans sumed to meet the 400 °F or lower re-
(CDDs and CDFs) and 1989 Update, quirement);
March 1989. (2) Mercury in excess of 130 μg/dscm
You means the owner or operator of a corrected to 7 percent oxygen;
hazardous waste combustor. (3) Lead and cadmium in excess of 240
(b) The acronyms used in this sub- μg/dscm, combined emissions, corrected
to 7 percent oxygen;
part refer to the following:
(4) Arsenic, beryllium, and chromium
AWFCO means automatic waste feed in excess of 97 μg/dscm, combined emis-
cutoff. sions, corrected to 7 percent oxygen;
CAS means chemical abstract serv- (5) For carbon monoxide and hydro-
ices registry. carbons, either:
CEMS means continuous emissions (i) Carbon monoxide in excess of 100
monitoring system. parts per million by volume, over an
CMS means continuous monitoring hourly rolling average (monitored con-
system. tinuously with a continuous emissions
DRE means destruction and removal monitoring system), dry basis and cor-
efficiency. rected to 7 percent oxygen. If you elect
MACT means maximum achievable to comply with this carbon monoxide
control technology. standard rather than the hydrocarbon
standard under paragraph (a)(5)(ii) of
MTEC means maximum theoretical
this section, you must also document
emissions concentration. that, during the destruction and re-
NIC means notification of intent to moval efficiency (DRE) test runs or
comply. their equivalent as provided by
[64 FR 53038, Sept. 30, 1999, as amended at 65 § 63.1206(b)(7), hydrocarbons do not ex-
FR 42297, July 10, 2000; 65 FR 67271, Nov. 9, ceed 10 parts per million by volume
2000; 66 FR 35103, July 3, 2001; 67 FR 6986, Feb. during those runs, over an hourly roll-
14, 2002; 67 FR 77691, Dec. 19, 2002; 70 FR 59540, ing average (monitored continuously
Oct. 12, 2005] with a continuous emissions moni-
toring system), dry basis, corrected to

7 percent oxygen, and reported as pro-
pane; or
12
(ii) Hydrocarbons in excess of 10 parts rected to 7 percent oxygen, and re-

per million by volume, over an hourly ported as propane;
rolling average (monitored continu- (6) Hydrochloric acid and chlorine
ously with a continuous emissions gas in excess of 21 parts per million by
monitoring system), dry basis, cor- volume, combined emissions, expressed
rected to 7 percent oxygen, and reas hydrochloric acid equivalents, dry
ported as propane; basis and corrected to 7 percent oxy-
(6) Hydrochloric acid and chlorine gen; and
gas in excess of 77 parts per million by (7) Particulate matter in excess of 34
volume, combined emissions, expressed mg/dscm corrected to 7 percent oxygen.
as hydrochloric acid equivalents, dry (c) Destruction and removal efficiency
basis and corrected to 7 percent oxy- (DRE) standard—(1) 99.99% DRE. Except
gen; and as provided in paragraph (c)(2) of this
(7) Particulate matter in excess of 34 section, you must achieve a destruc-
mg/dscm corrected to 7 percent oxygen. tion and removal efficiency (DRE) of
(b) Emission limits for new sources. You 99.99% for each principle organic haz-
must not discharge or cause combus- ardous constituent (POHC) designated
tion gases to be emitted into the at- under paragraph (c)(3) of this section.
mosphere that contain: You must calculate DRE for each
(1) Dioxins and furans in excess of POHC from the following equation:
0.20 ng TEQ/dscm, corrected to 7 per- DRE = [1¥(Wout / Win)] × 100%
cent oxygen;
Where:
(2) Mercury in excess of 45 μg/dscm
Win = mass feedrate of one principal organic
corrected to 7 percent oxygen; hazardous constituent (POHC) in a waste
(3) Lead and cadmium in excess of 120 feedstream; and
μg/dscm, combined emissions, corrected Wout = mass emission rate of the same POHC
to 7 percent oxygen; present in exhaust emissions prior to re-
(4) Arsenic, beryllium, and chromium lease to the atmosphere.
in excess of 97 μg/dscm, combined emis- (2) 99.9999% DRE. If you burn the
sions, corrected to 7 percent oxygen; dioxin-listed hazardous wastes F020,
(5) For carbon monoxide and hydro- F021, F022, F023, F026, or F027 (see
carbons, either: § 261.31 of this chapter), you must
(i) Carbon monoxide in excess of 100 achieve a destruction and removal effi-
parts per million by volume, over an ciency (DRE) of 99.9999% for each prin-
hourly rolling average (monitored con- ciple organic hazardous constituent
tinuously with a continuous emissions (POHC) that you designate under para-
monitoring system), dry basis and cor- graph (c)(3) of this section. You must
rected to 7 percent oxygen. If you elect demonstrate this DRE performance on
to comply with this carbon monoxide POHCs that are more difficult to incin-
standard rather than the hydrocarbon erate than tetra-, penta-, and
standard under paragraph (b)(5)(ii) of hexachlorodibenzo-p-dioxins and
this section, you must also document dibenzofurans. You must use the equa-
that, during the destruction and re- tion in paragraph (c)(1) of this section
moval efficiency (DRE) test runs or to calculate DRE for each POHC. In ad-
their equivalent as provided by dition, you must notify the Adminis-
§ 63.1206(b)(7), hydrocarbons do not ex- trator of your intent to incinerate haz-
ceed 10 parts per million by volume ardous wastes F020, F021, F022, F023,
during those runs, over an hourly roll- F026, or F027.
ing average (monitored continuously (3) Principal organic hazardous con-
with a continuous emissions moni- stituents (POHCs). (i) You must treat
toring system), dry basis, corrected to the Principal Organic Hazardous Con-
7 percent oxygen, and reported as pro- stituents (POHCs) in the waste feed
pane; or that you specify under paragraph
(ii) Hydrocarbons in excess of 10 parts (c)(3)(ii) of this section to the extent
per million by volume, over an hourly required by paragraphs (c)(1) and (c)(2)
rolling average (monitored continu- of this section.

ously with a continuous emissions (ii) You must specify one or more
monitoring system), dry basis, cor- POHCs that are representative of the
13
§ 63.1204 40 CFR Ch. I (7–1–16 Edition)
most difficult to destroy organic com- (2) Mercury in excess of 120 μg/dscm
pounds in your hazardous waste corrected to 7 percent oxygen;
feedstream. You must base this speci- (3) Lead and cadmium in excess of 330
fication on the degree of difficulty of μg/dscm, combined emissions, corrected
incineration of the organic constitu- to 7 percent oxygen;
ents in the hazardous waste and on (4) Arsenic, beryllium, and chromium
their concentration or mass in the haz- in excess of 56 μg/dscm, combined emis-
ardous waste feed, considering the re- sions, corrected to 7 percent oxygen;
sults of hazardous waste analyses or (5) Carbon monoxide and hydrocarbons.
other data and information. (i) For kilns equipped with a by-pass
(d) Significant figures. The emission duct or midkiln gas sampling system,
limits provided by paragraphs (a) and either:
(b) of this section are presented with (A) Carbon monoxide in the by-pass
two significant figures. Although you duct or mid-kiln gas sampling system
must perform intermediate calcula-
in excess of 100 parts per million by
tions using at least three significant
volume, over an hourly rolling average
figures, you may round the resultant
(monitored continuously with a contin-
emission levels to two significant fig-
ures to document compliance. uous emissions monitoring system),
dry basis and corrected to 7 percent ox-
(e) The provisions of this section no
ygen. If you elect to comply with this
longer apply after any of the following
dates, whichever occurs first: carbon monoxide standard rather than
the hydrocarbon standard under para-
(1) The date that your source begins
to comply with § 63.1219 by placing a graph (a)(5)(i)(B) of this section, you
Documentation of Compliance in the must also document that, during the
operating record pursuant to destruction and removal efficiency
§ 63.1211(c); (DRE) test runs or their equivalent as
(2) The date that your source begins provided by § 63.1206(b)(7), hydrocarbons
to comply with § 63.1219 by submitting in the by-pass duct or mid-kiln gas
a Notification of Compliance pursuant sampling system do not exceed 10 parts
to § 63.1210(b); or per million by volume during those
(3) The date for your source to com- runs, over an hourly rolling average
ply with § 63.1219 pursuant to § 63.1206 (monitored continuously with a contin-
and any extensions granted there uous emissions monitoring system),
under. dry basis, corrected to 7 percent oxy-
gen, and reported as propane; or
[67 FR 6809, Feb. 13, 2002, as amended at 70 (B) Hydrocarbons in the by-pass duct
FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, or midkiln gas sampling system in ex-
2008]
cess of 10 parts per million by volume,
§ 63.1204 What are the standards for over an hourly rolling average (mon-
hazardous waste burning cement itored continuously with a continuous
kilns that are effective until compli- emissions monitoring system), dry
ance with the standards under basis, corrected to 7 percent oxygen,
§ 63.1220? and reported as propane;
(a) Emission limits for existing sources. (ii) For kilns not equipped with a by-
You must not discharge or cause com- pass duct or midkiln gas sampling sys-
bustion gases to be emitted into the at- tem, either:
mosphere that contain: (A) Hydrocarbons in the main stack
(1) For dioxins and furans: in excess of 20 parts per million by vol-
(i) Emissions in excess of 0.20 ng TEQ/ ume, over an hourly rolling average
dscm corrected to 7 percent oxygen; or (monitored continuously with a contin-
(ii) Emissions in excess of 0.40 ng uous emissions monitoring system),
TEQ/dscm corrected to 7 percent oxy- dry basis, corrected to 7 percent oxy-
gen provided that the combustion gas gen, and reported as propane; or
temperature at the inlet to the initial (B) Carbon monoxide in the main
dry particulate matter control device stack in excess of 100 parts per million
is 400 °F or lower based on the average by volume, over an hourly rolling aver-
of the test run average temperatures; age (monitored continuously with a
14
continuous emissions monitoring sys- Qsdk = volumetric flowrate of kiln effluent

tem), dry basis and corrected to 7 per- gas, dscm/hr;
cent oxygen. If you elect to comply Csb = concentration of particulate matter in
the bypass stack effluent, kg/dscm;
with this carbon monoxide standard
Qsdb = volumetric flowrate of bypass stack ef-
rather than the hydrocarbon standard fluent gas, dscm/hr; and
under paragraph (a)(5)(ii)(A) of this P = total kiln raw material feed (dry basis),
section, you also must document that, Mg/hr.
during the destruction and removal ef-
ficiency (DRE) test runs or their equiv- (b) Emission limits for new sources. You
alent as provided by § 63.1206(b)(7), hy- must not discharge or cause combus-
drocarbons in the main stack do not tion gases to be emitted into the at-
exceed 20 parts per million by volume mosphere that contain:
during those runs, over an hourly roll- (1) For dioxins and furans:
ing average (monitored continuously (i) Emissions in excess of 0.20 ng TEQ/
with a continuous emissions moni- dscm corrected to 7 percent oxygen; or
toring system), dry basis, corrected to (ii) Emissions in excess of 0.40 ng
7 percent oxygen, and reported as pro- TEQ/dscm corrected to 7 percent oxy-
pane. gen provided that the combustion gas
(6) Hydrochloric acid and chlorine temperature at the inlet to the initial
gas in excess of 130 parts per million by dry particulate matter control device
volume, combined emissions, expressed is 400 °F or lower based on the average
as hydrochloric acid equivalents, dry of the test run average temperatures;
basis, corrected to 7 percent oxygen; (2) Mercury in excess of 120 μg/dscm
and corrected to 7 percent oxygen;
(7) Particulate matter in excess of (3) Lead and cadmium in excess of 180
0.15 kg/Mg dry feed and opacity greater μg/dscm, combined emissions, corrected
than 20 percent. to 7 percent oxygen;
(i) You must use suitable methods to (4) Arsenic, beryllium, and chromium
determine the kiln raw material in excess of 54 μg/dscm, combined emis-
feedrate. sions, corrected to 7 percent oxygen;
(ii) Except as provided in paragraph (5) Carbon monoxide and hydrocarbons.
(a)(7)(iii) of this section, you must (i) For kilns equipped with a by-pass
compute the particulate matter emis- duct or midkiln gas sampling system,
sion rate, E, from the following equa- carbon monoxide and hydrocarbons
tion: emissions are limited in both the by-
E = (Cs × Qsd)/P pass duct or midkiln gas sampling sys-
tem and the main stack as follows:
Where: (A) Emissions in the by-pass or
E = emission rate of particulate matter, kg/ midkiln gas sampling system are lim-
Mg of kiln raw material feed; ited to either:
Cs = concentration of particulate matter, kg/ (1) Carbon monoxide in excess of 100
dscm;
Qsd = volumetric flowrate of effluent gas,
parts per million by volume, over an
dscm/hr; and hourly rolling average (monitored con-
P = total kiln raw material feed (dry basis), tinuously with a continuous emissions
Mg/hr. monitoring system), dry basis and cor-
rected to 7 percent oxygen. If you elect
(iii) If you operate a preheater or pre-
to comply with this carbon monoxide
heater/precalciner kiln with dual
standard rather than the hydrocarbon
stacks, you must test simultaneously
standard under paragraph (b)(5)(i)(A)(2)
and compute the combined particulate
of this section, you also must docu-
matter emission rate, Ec, from the fol-
ment that, during the destruction and
lowing equation:
removal efficiency (DRE) test runs or
Ec = (Csk × Qsdk + Csb × Qsdb)/P their equivalent as provided by
Where: § 63.1206(b)(7), hydrocarbons do not ex-
ceed 10 parts per million by volume
Ec = the combined emission rate of particu-
late matter from the kiln and bypass during those runs, over an hourly roll-
stack, kg/Mg of kiln raw material feed; ing average (monitored continuously
Csk = concentration of particulate matter in with a continuous emissions moni-
the kiln effluent, kg/dscm; toring system), dry basis, corrected to
15
§ 63.1204 40 CFR Ch. I (7–1–16 Edition)
7 percent oxygen, and reported as pro- rected to 7 percent oxygen, and re-
pane; or ported as propane.
(2) Hydrocarbons in the by-pass duct (6) Hydrochloric acid and chlorine
or midkiln gas sampling system in ex- gas in excess of 86 parts per million,
cess of 10 parts per million by volume, combined emissions, expressed as hy-
over an hourly rolling average (mon- drochloric acid equivalents, dry basis
itored continuously with a continuous and corrected to 7 percent oxygen; and
emissions monitoring system), dry (7) Particulate matter in excess of
basis, corrected to 7 percent oxygen, 0.15 kg/Mg dry feed and opacity greater
and reported as propane; and than 20 percent.
(B) Hydrocarbons in the main stack (i) You must use suitable methods to
are limited, if construction of the kiln determine the kiln raw material
commenced after April 19, 1996 at a feedrate.
plant site where a cement kiln (wheth- (ii) Except as provided in paragraph
er burning hazardous waste or not) did (a)(7)(iii) of this section, you must
not previously exist, to 50 parts per compute the particulate matter emis-
million by volume, over a 30-day block sion rate, E, from the equation speci-
average (monitored continuously with fied in paragraph (a)(7)(ii) of this sec-
a continuous monitoring system), dry tion.
basis, corrected to 7 percent oxygen, (iii) If you operate a preheater or pre-
and reported as propane. heater/precalciner kiln with dual
(ii) For kilns not equipped with a by- stacks, you must test simultaneously
pass duct or midkiln gas sampling sys- and compute the combined particulate
tem, hydrocarbons and carbon mon- matter emission rate, Ec, from the
oxide are limited in the main stack to equation specified in paragraph
either: (a)(7)(iii) of this section.
(A) Hydrocarbons not exceeding 20 (c) Destruction and removal efficiency
parts per million by volume, over an (DRE) standard—(1) 99.99% DRE. Except
hourly rolling average (monitored con- as provided in paragraph (c)(2) of this
tinuously with a continuous emissions section, you must achieve a destruc-
monitoring system), dry basis, cor- tion and removal efficiency (DRE) of
rected to 7 percent oxygen, and re- 99.99% for each principle organic haz-
ported as propane; or ardous constituent (POHC) designated
(B)(1) Carbon monoxide not exceeding under paragraph (c)(3) of this section.
100 parts per million by volume, over You must calculate DRE for each
an hourly rolling average (monitored POHC from the following equation:
continuously with a continuous emis- DRE=[1¥(Wout/Win)] × 100%
sions monitoring system), dry basis,
corrected to 7 percent oxygen; and Where:
(2) Hydrocarbons not exceeding 20 Win = mass feedrate of one principal organic
parts per million by volume, over an hazardous constituent (POHC) in a waste
hourly rolling average (monitored con- feedstream; and
tinuously with a continuous moni- Wout = mass emission rate of the same POHC
toring system), dry basis, corrected to present in exhaust emissions prior to re-
lease to the atmosphere.
7 percent oxygen, and reported as pro-
pane at any time during the destruc- (2) 99.9999% DRE. If you burn the
tion and removal efficiency (DRE) test dioxin-listed hazardous wastes F020,
runs or their equivalent as provided by F021, F022, F023, F026, or F027 (see
§ 63.1206(b)(7); and § 261.31 of this chapter), you must
(3) If construction of the kiln com- achieve a destruction and removal effi-
menced after April 19, 1996 at a plant ciency (DRE) of 99.9999% for each prin-
site where a cement kiln (whether ciple organic hazardous constituent
burning hazardous waste or not) did (POHC) that you designate under para-
not previously exist, hydrocarbons are graph (c)(3) of this section. You must
limited to 50 parts per million by vol- demonstrate this DRE performance on
ume, over a 30-day block average (mon- POHCs that are more difficult to incin-
itored continuously with a continuous erate than tetra-, penta-, and
monitoring system), dry basis, cor- hexachlorodibenzo-p-dioxins and
16
dibenzofurans. You must use the equa- standards on a time-weighted average

tion in paragraph (c)(1) of this section basis under the following procedures:
to calculate DRE for each POHC. In ad- (i) Averaging methodology. You must
dition, you must notify the Adminis- calculate the time-weighted average
trator of your intent to incinerate haz- emission concentration with the fol-
ardous wastes F020, F021, F022, F023, lowing equation:
F026, or F027. Ctotal={Cmill-off × (Tmill-off/(Tmill-off + Tmill-on))}
(3) Principal organic hazardous con- + {Cmill-on × (Tmill-on /(Tmill-off +
stituents (POHCs). (i) You must treat Tmill-on))}
the Principal Organic Hazardous Con-
stituents (POHCs) in the waste feed Where:
that you specify under paragraph Ctotal = time-weighted average concentration
(c)(3)(ii) of this section to the extent of a regulated constituent considering
both raw mill on time and off time;
required by paragraphs (c)(1) and (c)(2) Cmill-off = average performance test concentra-
of this section. tion of regulated constituent with the
(ii) You must specify one or more raw mill off-line;
POHCs that are representative of the Cmill-on = average performance test concentra-
most difficult to destroy organic com- tion of regulated constituent with the
pounds in your hazardous waste raw mill on-line;
Tmill-off = time when kiln gases are not routed
feedstream. You must base this speci-
through the raw mill; and
fication on the degree of difficulty of Tmill-on = time when kiln gases are routed
incineration of the organic constitu- through the raw mill.
ents in the hazardous waste and on
their concentration or mass in the haz- (ii) Compliance. (A) If you use this
ardous waste feed, considering the re- emission averaging provision, you
sults of hazardous waste analyses or must document in the operating record
other data and information. compliance with the emission stand-
ards on an annual basis by using the
(d) Cement kilns with in-line kiln raw
equation provided by paragraph (d)(2)
mills—(1) General. (i) You must conduct
of this section.
performance testing when the raw mill (B) Compliance is based on one-year
is on-line and when the mill is off-line block averages beginning on the day
to demonstrate compliance with the you submit the initial notification of
emission standards, and you must es- compliance.
tablish separate operating parameter (iii) Notification. (A) If you elect to
limits under § 63.1209 for each mode of document compliance with one or more
operation, except as provided by para- emission standards using this emission
graph (d)(1)(iv) of this section. averaging provision, you must notify
(ii) You must document in the oper- the Administrator in the initial com-
ating record each time you change prehensive performance test plan sub-
from one mode of operation to the al- mitted under § 63.1207(e).
ternate mode and begin complying (B) You must include historical raw
with the operating parameter limits mill operation data in the performance
for that alternate mode of operation. test plan to estimate future raw mill
(iii) You must calculate rolling aver- down-time and document in the per-
ages for operating parameter limits as formance test plan that estimated
provided by § 63.1209(q)(2). emissions and estimated raw mill
(iv) If your in-line kiln raw mill has down-time will not result in an exceed-
dual stacks, you may assume that the ance of an emission standard on an an-
dioxin/furan emission levels in the by- nual basis.
pass stack and the operating parameter (C) You must document in the notifi-
limits determined during performance cation of compliance submitted under
testing of the by-pass stack when the § 63.1207(j) that an emission standard
raw mill is off-line are the same as will not be exceeded based on the docu-
when the mill is on-line. mented emissions from the perform-
(2) Emissions averaging. You may com- ance test and predicted raw mill down-
ply with the mercury, semivolatile time.

metal, low volatile metal, and hydro- (e) Preheater or preheater/precalciner
chloric acid/chlorine gas emission kilns with dual stacks—(1) General. You
17
§ 63.1205 40 CFR Ch. I (7–1–16 Edition)
must conduct performance testing on flowrate limits established under para-

each stack to demonstrate compliance graph (e)(2)(ii)(B) of this section; and
with the emission standards, and you (B) Document in the Notification of
must establish operating parameter Compliance submitted under § 63.1207(j)
limits under § 63.1209 for each stack, ex- the demonstrated gas flowrate-weight-
cept as provided by paragraph (d)(1)(iv) ed average emissions that you cal-
of this section for dioxin/furan emis- culate with the equation provided by
sions testing and operating parameter paragraph (e)(2) of this section.
limits for the by-pass stack of in-line (f) Significant figures. The emission
raw mills. limits provided by paragraphs (a) and
(2) Emissions averaging. You may com- (b) of this section are presented with
ply with the mercury, semivolatile two significant figures. Although you
metal, low volatile metal, and hydro- must perform intermediate calcula-
chloric acid/chlorine gas emission tions using at least three significant
standards specified in this section on a figures, you may round the resultant
gas flowrate-weighted average basis emission levels to two significant fig-
under the following procedures: ures to document compliance.
(i) Averaging methodology. You must (g) [Reserved]
calculate the gas flowrate-weighted av- (h) When you comply with the partic-
erage emission concentration using the ulate matter requirements of para-
following equation: graphs (a)(7) or (b)(7) of this section,
Ctot = {Cmain × (Qmain /(Qmain + Qbypass))} + you are exempt from the New Source
{Cbypass × (Qbypass / (Qmain + Qbypass))} Performance Standard for particulate
matter and opacity under § 60.60 of this
Where:
chapter.
Ctot = gas flowrate-weighted average con- (i) The provisions of this section no
centration of the regulated constituent;
Cmain = average performance test concentra-
longer apply after any of the following
tion demonstrated in the main stack; dates, whichever occurs first:
Cbypass = average performance test concentra- (1) The date that your source begins
tion demonstrated in the bypass stack; to comply with § 63.1220 by placing a
Qmain = volumetric flowrate of main stack ef- Documentation of Compliance in the
fluent gas; and operating record pursuant to
Qbypass = volumetric flowrate of bypass efflu- § 63.1211(c);
ent gas.
(2) The date that your source begins
(ii) Compliance. (A) You must dem- to comply with § 63.1220 by submitting
onstrate compliance with the emission a Notification of Compliance pursuant
standard(s) using the emission con- to § 63.1210(b); or
centrations determined from the per- (3) The date for your source to com-
formance tests and the equation pro- ply with § 63.1220 pursuant to § 63.1206
vided by paragraph (e)(1) of this sec- and any extensions granted there
tion; and under.
(B) You must develop operating pa-
[67 FR 6809, Feb. 13, 2002, as amended at 67
rameter limits for bypass stack and FR 6987, Feb. 14, 2002; 70 FR 59541, Oct. 12,
main stack flowrates that ensure the 2005; 73 FR 18979, Apr. 8, 2008]
emission concentrations calculated
with the equation in paragraph (e)(1) of § 63.1205 What are the standards for
this section do not exceed the emission hazardous waste burning light-
standards on a 12-hour rolling average weight aggregate kilns that are ef-
basis. You must include these flowrate fective until compliance with the
limits in the Notification of Compli- standards under § 63.1221?
ance. (a) Emission limits for existing sources.
(iii) Notification. If you elect to docu- You must not discharge or cause com-
ment compliance under this emissions bustion gases to be emitted into the at-
averaging provision, you must: mosphere that contain:
(A) Notify the Administrator in the (1) For dioxins and furans:
initial comprehensive performance test (i) Emissions in excess of 0.20 ng TEQ/
plan submitted under § 63.1207(e). The dscm corrected to 7 percent oxygen; or

performance test plan must include, at (ii) Rapid quench of the combustion
a minimum, information describing the gas temperature at the exit of the
18
(last) combustion chamber (or exit of (ii) Rapid quench of the combustion
any waste heat recovery system) to 400 gas temperature at the exit of the
°F or lower based on the average of the (last) combustion chamber (or exit of
test run average temperatures. You any waste heat recovery system) to 400
must also notify in writing the RCRA °F or lower based on the average of the
authority that you are complying with test run average temperatures. You
this option; must also notify in writing the RCRA
(2) Mercury in excess of 120 μg/dscm authority that you are complying with
corrected to 7 percent oxygen; this option;
(3) Lead and cadmium in excess of 250 (2) Mercury in excess of 120 μg/dscm
μg/dscm, combined emissions, corrected corrected to 7 percent oxygen;
to 7 percent oxygen; (3) Lead and cadmium in excess of 43
(4) Arsenic, beryllium, and chromium μg/dscm, combined emissions, corrected
in excess of 110 μg/dscm, combined to 7 percent oxygen;
emissions, corrected to 7 percent oxy- (4) Arsenic, beryllium, and chromium
gen; in excess of 110 μg/dscm, combined
(5) Carbon monoxide and hydrocarbons. emissions, corrected to 7 percent oxy-
(i) Carbon monoxide in excess of 100 gen;
parts per million by volume, over an (5) Carbon monoxide and hydrocarbons.
hourly rolling average (monitored con- (i) Carbon monoxide in excess of 100
tinuously with a continuous emissions parts per million by volume, over an
monitoring system), dry basis and cor- hourly rolling average (monitored con-
rected to 7 percent oxygen. If you elect tinuously with a continuous emissions
to comply with this carbon monoxide monitoring system), dry basis and cor-
standard rather than the hydrocarbon rected to 7 percent oxygen. If you elect
standard under paragraph (a)(5)(ii) of to comply with this carbon monoxide
this section, you also must document standard rather than the hydrocarbon
that, during the destruction and re- standard under paragraph (b)(5)(ii) of
moval efficiency (DRE) test runs or this section, you also must document
their equivalent as provided by that, during the destruction and re-
§ 63.1206(b)(7), hydrocarbons do not ex- moval efficiency (DRE) test runs or
ceed 20 parts per million by volume their equivalent as provided by
during those runs, over an hourly roll- § 63.1206(b)(7), hydrocarbons do not ex-
ing average (monitored continuously ceed 20 parts per million by volume
with a continuous emissions moni- during those runs, over an hourly roll-
toring system), dry basis, corrected to ing average (monitored continuously
7 percent oxygen, and reported as pro- with a continuous emissions moni-
pane; or toring system), dry basis, corrected to
(ii) Hydrocarbons in excess of 20 parts 7 percent oxygen, and reported as pro-
per million by volume, over an hourly pane; or
rolling average, dry basis, corrected to (ii) Hydrocarbons in excess of 20 parts
7 percent oxygen, and reported as proper million by volume, over an hourly
pane; rolling average, dry basis, corrected to
(6) Hydrochloric acid and chlorine 7 percent oxygen, and reported as pro-
gas in excess of 600 parts per million by pane;
volume, combined emissions, expressed (6) Hydrochloric acid and chlorine
as hydrochloric acid equivalents, dry gas in excess of 600 parts per million by
basis and corrected to 7 percent oxy- volume, combined emissions, expressed
gen; and as hydrochloric acid equivalents, dry
(7) Particulate matter in excess of 57 basis and corrected to 7 percent oxy-
mg/dscm corrected to 7 percent oxygen. gen; and
(b) Emission limits for new sources. You (7) Particulate matter in excess of 57
must not discharge or cause combus- mg/dscm corrected to 7 percent oxygen.
tion gases to be emitted into the at- (c) Destruction and removal efficiency
mosphere that contain: (DRE) standard—(1) 99.99% DRE. Except
(1) For dioxins and furans: as provided in paragraph (c)(2) of this

(i) Emissions in excess of 0.20 ng TEQ/ section, you must achieve a destruc-
dscm corrected to 7 percent oxygen; or tion and removal efficiency (DRE) of
19
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
99.99% for each principal organic haz- tions using at least three significant
ardous constituent (POHC) designated figures, you may round the resultant
under paragraph (c)(3) of this section. emission levels to two significant fig-
You must calculate DRE for each ures to document compliance.
POHC from the following equation: (e) The provisions of this section no
DRE = [1—(Wout / Win)] × 100% longer apply after any of the following
dates, whichever occurs first:
Where: (1) The date that your source begins
Win = mass feedrate of one principal organic to comply with § 63.1221 by placing a
hazardous constituent (POHC) in a waste Documentation of Compliance in the
feedstream; and
operating record pursuant to
Wout = mass emission rate of the same POHC
present in exhaust emissions prior to re- § 63.1211(c);
lease to the atmosphere. (2) The date that your source begins
to comply with § 63.1221 by submitting
(2) 99.9999% DRE. If you burn the a Notification of Compliance pursuant
dioxin-listed hazardous wastes F020, to § 63.1210(b); or
F021, F022, F023, F026, or F027 (see
(3) The date for your source to com-
§ 261.31 of this chapter), you must
ply with § 63.1221 pursuant to § 63.1206
achieve a destruction and removal effi-
and any extensions granted there
ciency (DRE) of 99.9999% for each prin-
under.
cipal organic hazardous constituent
(POHC) that you designate under para- [67 FR 6812, Feb. 13, 2002, as amended at 67
graph (c)(3) of this section. You must FR 77691, Dec. 19, 2002; 70 FR 59541, Oct. 12,
demonstrate this DRE performance on 2005; 73 FR 18979, Apr. 8, 2008]
POHCs that are more difficult to incin-
erate than tetra-, penta-, and MONITORING AND COMPLIANCE
hexachlorodibenzo-dioxins and PROVISIONS
dibenzofurans. You must use the equa-
tion in paragraph (c)(1) of this section § 63.1206 When and how must you
comply with the standards and op-
to calculate DRE for each POHC. In ad- erating requirements?
dition, you must notify the Adminis-
trator of your intent to burn hazardous (a) Compliance dates—(1) Compliance
wastes F020, F021, F022, F023, F026, or dates for incinerators, cement kilns, and
F027. lightweight aggregate kilns that burn haz-
(3) Principal organic hazardous con- ardous waste—(i) Compliance date for
stituents (POHCs). (i) You must treat standards under §§ 63.1203, 63.1204, and
the Principal Organic Hazardous Con- 63.1205—(A) Compliance dates for existing
stituents (POHCs) in the waste feed sources. You must comply with the
that you specify under paragraph emission standards under §§ 63.1203,
(c)(3)(ii) of this section to the extent 63.1204, and 63.1205 and the other re-
required by paragraphs (c)(1) and (c)(2) quirements of this subpart no later
of this section. than the compliance date, September
(ii) You must specify one or more 30, 2003, unless the Administrator
POHCs that are representative of the grants you an extension of time under
most difficult to destroy organic com- § 63.6(i) or § 63.1213, except:
pounds in your hazardous waste (1) Cement kilns are exempt from the
feedstream. You must base this speci- bag leak detection system require-
fication on the degree of difficulty of ments under paragraph (c)(8) of this
incineration of the organic constitu- section;
ents in the hazardous waste and on (2) The bag leak detection system re-
their concentration or mass in the haz- quired under § 63.1206(c)(8) must be ca-
ardous waste feed, considering the re- pable of continuously detecting and re-
sults of hazardous waste analyses or cording particulate matter emissions
other data and information. at concentrations of 1.0 milligram per
(d) Significant figures. The emission actual cubic meter unless you dem-
limits provided by paragraphs (a) and onstrate under § 63.1209(g)(1) that a
(b) of this section are presented with higher detection limit would ade-
two significant figures. Although you quately detect bag leaks, in lieu of the
must perform intermediate calcula- requirement for the higher detection
20
limit under paragraph (c)(8)(ii)(A) of graphs (a)(1)(ii)(B)(2) and (a)(1)(ii)(B)(3)

this section; and of this section. The costs of retro-
(3) The excessive exceedances notifi- fitting and replacement of equipment
cation requirements for bag leak detec- that is installed specifically to comply
tion systems under paragraph (c)(8)(iv) with this subpart, between April 20,
of this section are waived. 2004, and a source’s compliance date,
(B) New or reconstructed sources. (1) If are not considered to be reconstruction
you commenced construction or recon- costs.
struction of your hazardous waste com- (2) For a standard under §§ 63.1219,
bustor after April 19, 1996, you must 63.1220, and 63.1221 that is more strin-
comply with the emission standards gent than the standard proposed on
under §§ 63.1203, 63.1204, and 63.1205 and April 20, 2004, you may achieve compli-
the other requirements of this subpart
ance no later than October 14, 2008, if
by the later of September 30, 1999 or
you comply with the standard proposed
the date the source starts operations,
on April 20, 2004, after October 12, 2005.
except as provided by paragraphs
This exception does not apply, how-
(a)(1)(i)(A)(1) through (3) and
(a)(1)(i)(B)(2) of this section. The costs ever, to new or reconstructed area
of retrofitting and replacement of source hazardous waste combustors
equipment that is installed specifically that become major sources after Octo-
to comply with this subpart, between ber 14, 2008. As provided by § 63.6(b)(7),
April 19, 1996 and a source’s compliance such sources must comply with the
date, are not considered to be recon- standards under §§ 63.1219, 63.1220, and
struction costs. 63.1221 at startup.
(2) For a standard under §§ 63.1203, (3) If you commenced construction or
63.1204, and 63.1205 that is more strin- reconstruction of a cement kiln after
gent than the standard proposed on April 20, 2004, you must comply with
April 19, 1996, you may achieve compli- the new source emission standard for
ance no later than September 30, 2003 if particulate matter under
you comply with the standard proposed § 63.1220(b)(7)(i) by the later of October
on April 19, 1996 after September 30, 28, 2008 or the date the source starts op-
1999. This exception does not apply, erations.
however, to new or reconstructed area (2) Compliance date for solid fuel boil-
source hazardous waste combustors ers, liquid fuel boilers, and hydrochloric
that become major sources after Sep- acid production furnaces that burn haz-
tember 30, 1999. As provided by ardous waste for standards under
§ 63.6(b)(7), such sources must comply §§ 63.1216, 63.1217, and 63.1218. (i) Compli-
with the standards under §§ 63.1203, ance date for existing sources. You must
63.1204, and 63.1205 at startup. comply with the standards of this sub-
(ii) Compliance date for standards part no later than the compliance date,
under §§ 63.1219, 63.1220, and 63.1221—(A)
October 14, 2008, unless the Adminis-
Compliance dates for existing sources.
trator grants you an extension of time
You must comply with the emission
under § 63.6(i) or § 63.1213.
standards under §§ 63.1219, 63.1220, and
63.1221 and the other requirements of (ii) New or reconstructed sources. (A) If
this subpart no later than the compli- you commenced construction or recon-
ance date, October 14, 2008, unless the struction of your hazardous waste com-
Administrator grants you an extension bustor after April 20, 2004, you must
of time under § 63.6(i) or § 63.1213. comply with the new source emission
(B) New or reconstructed sources. (1) If standards of this subpart by the later
you commenced construction or recon- of October 12, 2005, or the date the
struction of your hazardous waste com- source starts operations, except as pro-
bustor after April 20, 2004, you must vided by paragraph (a)(2)(ii)(B) of this
comply with the new source emission section. The costs of retrofitting and
standards under §§ 63.1219, 63.1220, and replacement of equipment that is in-
63.1221 and the other requirements of stalled specifically to comply with this
this subpart by the later of October 12, subpart, between April 20, 2004, and a
2005 or the date the source starts oper- source’s compliance date, are not con-
ations, except as provided by para- sidered to be reconstruction costs.
21
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
(B) For a standard in the subpart is consistent with the requirements of

that is more stringent than the stand- §§ 63.6(f)(2)(iii)(B) and 63.7(e)(1) to con-
ard proposed on April 20, 2004, you may duct performance testing under rep-
achieve compliance no later than Octo- resentative operating conditions.
ber 14, 2008, if you comply with the (3) Finding of compliance. The Admin-
standard proposed on April 20, 2004, istrator will make a finding concerning
after October 12, 2005. This exception compliance with the emission stand-
does not apply, however, to new or re- ards and other requirements of this
constructed area source hazardous subpart as provided by § 63.6(f)(3).
waste combustors that become major
(4) Extension of compliance with emis-
sources after October 14, 2008. As pro-
sion standards. The Administrator may
vided by § 63.6(b)(7), such sources must
comply with this subpart at startup. grant an extension of compliance with
(3) Early compliance. If you choose to the emission standards of this subpart
comply with the emission standards of as provided by §§ 63.6(i) and 63.1213.
this subpart prior to the dates specified (5) Changes in design, operation, or
in paragraphs (a)(1) and (a)(2) of this maintenance—(i) Changes that may ad-
section, your compliance date is the versely affect compliance. If you plan to
earlier of the date you postmark the change (as defined in paragraph
Notification of Compliance under (b)(5)(iii) of this section) the design, op-
§ 63.1207(j)(1) or the dates specified in eration, or maintenance practices of
paragraphs (a)(1) and (a)(2) of this sec- the source in a manner that may ad-
tion. versely affect compliance with any
(b) Compliance with standards—(1) Ap- emission standard that is not mon-
plicability. The emission standards and itored with a CEMS:
operating requirements set forth in (A) Notification. You must notify the
this subpart apply at all times except: Administrator at least 60 days prior to
(i) During periods of startup, shut- the change, unless you document cir-
down, and malfunction; and cumstances that dictate that such
(ii) When hazardous waste is not in prior notice is not reasonably feasible.
the combustion chamber (i.e., the haz-
The notification must include:
ardous waste feed to the combustor has
been cut off for a period of time not (1) A description of the changes and
less than the hazardous waste resi- which emission standards may be af-
dence time) and you have documented fected; and
in the operating record that you are (2) A comprehensive performance test
complying with all otherwise applica- schedule and test plan under the re-
ble requirements and standards pro- quirements of § 63.1207(f) that will docu-
mulgated under authority of sections ment compliance with the affected
112 (e.g., 40 CFR part 63, subparts LLL, emission standard(s);
DDDDD, and NNNNN) or 129 of the (B) Performance test. You must con-
Clean Air Act in lieu of the emission duct a comprehensive performance test
standards under §§ 63.1203, 63.1204, under the requirements of §§ 63.1207(f)(1)
63.1205, 63.1215, 63.1216, 63.1217, 63.1218, and (g)(1) to document compliance with
63.1219, 63.1220, and 63.1221; the moni- the affected emission standard(s) and
toring and compliance standards of establish operating parameter limits as
this section and §§ 63.1207 through required under § 63.1209, and submit to
63.1209, except the modes of operation the Administrator a Notification of
requirements of § 63.1209(q); and the no- Compliance under §§ 63.1207(j) and
tification, reporting, and record- 63.1210(d); and
keeping requirements of §§ 63.1210
(C) Restriction on waste burning. (1)
through 63.1212.
Except as provided by paragraph
(2) Methods for determining compliance.
The Administrator will determine com- (b)(5)(i)(C)(2) of this section, after the
pliance with the emission standards of change and prior to submitting the no-
this subpart as provided by § 63.6(f)(2). tification of compliance, you must not
Conducting performance testing under burn hazardous waste for more than a
operating conditions representative of total of 720 hours (renewable at the dis-
the extreme range of normal conditions cretion of the Administrator) and only
22
for the purposes of pretesting or com- hydrocarbon standard. An acceptable

prehensive performance testing. Pre- DRE test is any test for which the data
testing is defined at § 63.1207(h)(2)(i) and and results are determined to meet
(ii). quality assurance objectives (on a site-
(2) You may petition the Adminis- specific basis) such that the results
trator to obtain written approval to adequately demonstrate compliance
burn hazardous waste in the interim with the DRE standard.
prior to submitting a Notification of (ii) If during this acceptable DRE
Compliance for purposes other than test you did not obtain hydrocarbon
testing or pretesting. You must specify emissions data sufficient to document
operating requirements, including lim- compliance with the hydrocarbon
its on operating parameters, that you standard, you must either:
determine will ensure compliance with (A) Perform, as part of the perform-
the emission standards of this subpart ance test, an ‘‘equivalent DRE test’’ to
based on available information. The document compliance with the hydro-
Administrator will review, modify as carbon standard. An equivalent DRE
necessary, and approve if warranted test is comprised of a minimum of
the interim operating requirements. three runs each with a minimum dura-
(ii) Changes that will not affect compli- tion of one hour during which you op-
ance. If you determine that a change erate the combustor as close as reason-
will not adversely affect compliance ably possible to the operating param-
with the emission standards or oper- eter limits that you established based
ating requirements, you must docu- on the initial DRE test. You must use
ment the change in the operating the highest hourly rolling average hy-
record upon making such change. You drocarbon emission level achieved dur-
must revise as necessary the performing the equivalent DRE test to docu-
ance test plan, Documentation of Com- ment compliance with the hydrocarbon
pliance, Notification of Compliance, standard; or
and start-up, shutdown, and malfunc- (B) Perform a DRE test as part of the
tion plan to reflect these changes. performance test.
(iii) Definition of ‘‘change.’’ For pur- (7) Compliance with the DRE standard.
poses of paragraph (b)(5) of this sec- (i) Except as provided in paragraphs
tion, ‘‘change’’ means any change in (b)(7)(ii) and (b)(7)(iii) of this section:
design, operation, or maintenance (A) You must document compliance
practices that were documented in the with the Destruction and Removal Effi-
comprehensive performance test plan, ciency (DRE) standard under this sub-
Notification of Compliance, or startup, part only once provided that you do
shutdown, and malfunction plan. not modify the source after the DRE
(6) Compliance with the carbon mon- test in a manner that could affect the
oxide and hydrocarbon emission stand- ability of the source to achieve the
ards. This paragraph applies to sources DRE standard.
that elect to comply with the carbon (B) You may use any DRE test data
monoxide and hydrocarbon emissions that documents that your source
standards of this subpart by docu- achieves the required level of DRE pro-
menting continuous compliance with vided:
the carbon monoxide standard using a (1) You have not modified the design
continuous emissions monitoring sys- or operation of your source in a man-
tem and documenting compliance with ner that could effect the ability of your
the hydrocarbon standard during the source to achieve the DRE standard
destruction and removal efficiency since the DRE test was performed; and,
(DRE) performance test or its equiva- (2) The DRE test data meet quality
lent. assurance objectives determined on a
(i) If a DRE test performed pursuant site-specific basis.
to § 63.1207(c)(2) is acceptable as docu- (ii) Sources that feed hazardous waste
mentation of compliance with the DRE at locations other than the normal flame
standard, you may use the highest zone. (A) Except as provided by para-
hourly rolling average hydrocarbon graph (b)(7)(ii)(B) of this section, if you

level achieved during the DRE test feed hazardous waste at a location in
runs to document compliance with the the combustion system other than the
23
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
normal flame zone, then you must correlation tests under the conditions
demonstrate compliance with the DRE of paragraphs (b)(8)(iii) through (vii) of
standard during each comprehensive this section.
performance test; (iii) For the provisions of this section
(B)(1) A cement kiln that feeds haz- to apply, you must:
ardous waste at a location other than (A) Develop a particulate matter
the normal flame zone need only dem- CEMS correlation test plan that in-
onstrate compliance with the DRE cludes the following information. This
standard during three consecutive com- test plan may be included as part of
prehensive performance tests provided the comprehensive performance test
that: plan required under §§ 63.1207(e) and (f):
(i) All three tests achieve the DRE (1) Number of test conditions and
standard in this subpart; and number of runs for each test condition;
(ii) The design, operation, and main- (2) Target particulate matter emis-
tenance features of each of the three sion level for each test condition;
tests are similar; (3) How you plan to modify oper-
(iii) The data in lieu restriction of ations to attain the desired particulate
§ 63.1207(c)(2)(iv) does not apply when matter emission levels; and
complying with the provisions of para- (4) Anticipated normal particulate
graph (b)(7)(ii)(B) of this section; matter emission levels; and
(2) If at any time you change your de- (B) Submit the test plan to the Ad-
sign, operation, and maintenance fea- ministrator for approval at least 90 cal-
tures in a manner that could reason- endar days before the correlation test
ably be expected to affect your ability is scheduled to be conducted.
to meet the DRE standard, then you (iv) The Administrator will review
must comply with the requirements of and approve/disapprove the correlation
paragraph (b)(7)(ii)(A) of this section. test plan under the procedures for re-
(iii) For sources that do not use DRE view and approval of the site-specific
previous testing to document conform- test plan provided by § 63.7(c)(3)(i) and
ance with the DRE standard pursuant (iii). If the Administrator fails to ap-
to § 63.1207(c)(2), you must perform DRE prove or disapprove the correlation
testing during the initial comprehen- test plan within the time period speci-
sive performance test. fied by § 63.7(c)(3)(i), the plan is consid-
(8) Applicability of particulate matter ered approved, unless the Adminis-
and opacity standards during particulate trator has requested additional infor-
matter CEMS correlation tests. (i) Any mation.
particulate matter and opacity stand- (v) The particulate matter and opac-
ards of parts 60, 61, 63, 264, 265, and 266 ity standards and associated operating
of this chapter (i.e., any title 40 partic- limits and conditions will not be
ulate or opacity standards) applicable waived for more than 96 hours, in the
to a hazardous waste combustor do not aggregate, for a correlation test, in-
apply while you conduct particulate cluding all runs of all test conditions,
matter continuous emissions moni- unless more time is approved by the
toring system (CEMS) correlation tests Administrator.
(i.e., correlation with manual stack (vi) The stack sampling team must
methods) under the conditions of para- be on-site and prepared to perform cor-
graphs (b)(8)(iii) through (vii) of this relation testing no later than 24 hours
section. after you modify operations to attain
(ii) Any permit or other emissions or the desired particulate matter emis-
operating parameter limits or condi- sions concentrations, unless you docu-
tions, including any limitation on ment in the correlation test plan that
workplace practices, that are applica- a longer period of conditioning is ap-
ble to hazardous waste combustors to propriate.
ensure compliance with any particu- (vii) You must return to operating
late matter and opacity standards of conditions indicative of compliance
parts 60, 61, 63, 264, 265, and 266 of this with the applicable particulate matter
chapter (i.e., any title 40 particulate or and opacity standards as soon as pos-
opacity standards) do not apply while sible after correlation testing is com-
you conduct particulate matter CEMS pleted.
24
(9) Alternative standards for existing or paragraph (b)(9)(i)(A) of this section

new hazardous waste burning lightweight documenting that increased chlorine
aggregate kilns using MACT. (i) You may feedrates associated with the burning
petition the Administrator to request of hazardous waste, when compared to
alternative standards to the mercury non-hazardous waste operations, do not
or hydrogen chloride/chlorine gas emis- significantly increase metal emissions
sion standards of this subpart, to the attributable to raw materials.
semivolatile metals emission standards (vi) You must include data or infor-
under §§ 63.1205, 63.1221(a)(3)(ii), or mation with semivolatile metals, low
63.1221(b)(3)(ii), or to the low volatile volatile metals, and hydrogen chloride/
metals emissions standards under chlorine gas alternative standard peti-
§§ 63.1205, 63.1221(a)(4)(ii), or tions that you submit under paragraph
63.1221(b)(4)(ii) if: (b)(9)(i)(A) of this section documenting
(A) You cannot achieve one or more that semivolatile metals, low volatile
of these standards while using max- metals, and hydrogen chloride/chlorine
imum achievable control technology gas emissions attributable to the haz-
(MACT) because of raw material con- ardous waste only will not exceed the
tributions to emissions of mercury, emission standards of this subpart.
semivolatile metals, low volatile met- (vii) You must not operate pursuant
als, or hydrogen chloride/chlorine gas; to your recommended alternative
or standards in lieu of emission standards
(B) You determine that mercury is specified in this subpart:
not present at detectable levels in your (A) Unless the Administrator ap-
raw material. proves the provisions of the alternative
(ii) The alternative standard that standard petition request or estab-
you recommend under paragraph lishes other alternative standards; and
(b)(9)(i)(A) of this section may be an (B) Until you submit a revised Notifi-
operating requirement, such as a haz- cation of Compliance that incorporates
ardous waste feedrate limitation for the revised standards.
metals and/or chlorine, and/or an emis- (viii) For purposes of this alternative
sion limitation. standard provision, MACT for existing
(iii) The alternative standard must hazardous waste burning lightweight
include a requirement to use MACT, or aggregate kilns is defined as:
better, applicable to the standard for (A) For mercury, a hazardous waste
which the source is seeking relief, as feedrate corresponding to an MTEC of
defined in paragraphs (b)(9)(viii) and 24 μg/dscm or less;
(ix) of this section. (B) For semivolatile metals, a haz-
(iv) Documentation required. (A) The ardous waste feedrate corresponding to
alternative standard petition you sub- an MTEC of 280,000 μg/dscm or less, and
mit under paragraph (b)(9)(i)(A) of this use of a particulate matter control de-
section must include data or informa- vice that achieves particulate matter
tion documenting that raw material emissions of 57 mg/dscm or less;
contributions to emissions prevent you (C) For low volatile metals, a haz-
from complying with the emission ardous waste feedrate corresponding to
standard even though the source is an MTEC of 120,000 μg/dscm or less, and
using MACT, as defined under para- use of a particulate matter control de-
graphs (b)(9)(viii) and (ix) of this sec- vice that achieves particulate matter
tion, for the standard for which you are emissions of 57 mg/dscm or less; and
seeking relief. (D) For hydrogen chloride/chlorine
(B) Alternative standard petitions gas, a hazardous waste chlorine
that you submit under paragraph feedrate corresponding to an MTEC of
(b)(9)(i)(B) of this section must include 2,000,000 μgm/dscm or less, and use of an
data or information documenting that air pollution control device with a hy-
mercury is not present at detectable drogen chloride/chlorine gas removal
levels in raw materials. efficiency of 85 percent or greater.
(v) You must include data or infor- (ix) For purposes of this alternative
mation with semivolatile metal and standard provision, MACT for new haz-
low volatility metal alternative stand- ardous waste burning lightweight ag-
ard petitions that you submit under gregate kilns is defined as:
25
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
(A) For mercury, a hazardous waste (iv) Documentation required. (A) The
feedrate corresponding to an MTEC of 4 alternative standard petition you sub-
μg/dscm or less; mit under paragraph (b)(10)(i)(A) of
(B) For semivolatile metals, a haz- this section must include data or infor-
ardous waste feedrate corresponding to mation documenting that raw material
an MTEC of 280,000 μg/dscm or less, and contributions to emissions prevent you
use of a particulate matter control de- from complying with the emission
vice that achieves particulate matter standard even though the source is
emissions of 57 mg/dscm or less; using MACT, as defined in paragraphs
(C) For low volatile metals, a haz- (b)(10)(viii) and (ix) of this section, for
ardous waste feedrate corresponding to the standard for which you are seeking
an MTEC of 46,000 μg/dscm or less, and relief.
use of a particulate matter control de- (B) Alternative standard petitions
vice that achieves particulate matter that you submit under paragraph
emissions of 57 mg/dscm or less; (b)(10)(i)(B) of this section must in-
(D) For hydrogen chloride/chlorine clude data or information documenting
gas, a hazardous waste chlorine that mercury is not present at detect-
feedrate corresponding to an MTEC of able levels in raw materials.
14,000,000 μgm/dscm or less, and use of (v) You must include data or infor-
an air pollution control device with a mation with semivolatile metal and
hydrogen chloride/chlorine gas removal low volatile metal alternative standard
efficiency of 99.6 percent or greater. petitions that you submit under para-
(10) Alternative standards for existing graph (b)(10)(i)(A) of this section docu-
or new hazardous waste burning cement menting that increased chlorine
kilns using MACT. (i) You may petition feedrates associated with the burning
the Administrator to request alter- of hazardous waste, when compared to
native standards to the mercury or hy- non-hazardous waste operations, do not
drogen chloride/chlorine gas emission
significantly increase metal emissions
standards of this subpart, to the
attributable to raw materials.
semivolatile metals emission standards
(vi) You must include data or infor-
under §§ 63.1204, 63.1220(a)(3)(ii), or
mation with semivolatile metals, low
63.1220(b)(3)(ii), or to the low volatile
volatile metals, and hydrogen chloride/
metals emissions standards under
chlorine gas alternative standard peti-
§§ 63.1204, 63.1220(a)(4)(ii), or
tions that you submit under paragraph
63.1220(b)(4)(ii) if:
(b)(10)(i)(A) of this section docu-
(A) You cannot achieve one or more
menting that emissions of the regu-
of these standards while using max-
lated metals and hydrogen chloride/
imum achievable control technology
chlorine gas attributable to the haz-
(MACT) because of raw material con-
ardous waste only will not exceed the
tributions to emissions of mercury,
emission standards in this subpart.
semivolatile metals, low volatile met-
als, or hydrogen chloride/chlorine gas; (vii) You must not operate pursuant
or to your recommended alternative
(B) You determine that mercury is standards in lieu of emission standards
not present at detectable levels in your specified in this subpart:
raw material. (A) Unless the Administrator ap-
(ii) The alternative standard that proves the provisions of the alternative
you recommend under paragraph standard petition request or estab-
(b)(10)(i)(A) of this section may be an lishes other alternative standards; and
operating requirement, such as a haz- (B) Until you submit a revised Notifi-
ardous waste feedrate limitation for cation of Compliance that incorporates
metals and/or chlorine, and/or an emis- the revised standards.
sion limitation. (viii) For purposes of this alternative
(iii) The alternative standard must standard provision, MACT for existing
include a requirement to use MACT, or hazardous waste burning cement kilns
better, applicable to the standard for is defined as:
which the source is seeking relief, as (A) For mercury, a hazardous waste
defined in paragraphs (b)(10)(viii) and feedrate corresponding to an MTEC of
(ix) of this section. 88 μg/dscm or less;
26
(B) For semivolatile metals, a haz- (ii) You must document compliance
ardous waste feedrate corresponding to with the emission standards based on
an MTEC of 31,000 μg/dscm or less, and the arithmetic average of the emission
use of a particulate matter control de- results of each run, except that you
vice that achieves particulate matter must document compliance with the
emissions of 0.15 kg/Mg dry feed or less; destruction and removal efficiency
(C) For low volatile metals, a haz- standard for each run of the com-
ardous waste feedrate corresponding to prehensive performance test individ-
an MTEC of 54,000 μg/dscm or less, and ually.
use of a particulate matter control de- (13) Cement kilns and lightweight ag-
vice that achieves particulate matter gregate kilns that feed hazardous waste at
emissions of 0.15 kg/Mg dry feed or less; a location other than the end where prod-
and ucts are normally discharged and where
(D) For hydrogen chloride/chlorine fuels are normally fired. (i) Cement kilns
gas, a hazardous waste chlorine that feed hazardous waste at a location
feedrate corresponding to an MTEC of other than the end where products are
720,000 μgm/dscm or less. normally discharged and where fuels
(ix) For purposes of this alternative are normally fired must comply with
standard provision, MACT for new haz- the carbon monoxide and hydrocarbon
ardous waste burning cement kilns is standards of this subpart as follows:
(A) For existing sources, you must
defined as:
not discharge or cause combustion
(A) For mercury, a hazardous waste
gases to be emitted into the atmos-
feedrate corresponding to an MTEC of 7
phere that contain either:
μg/dscm or less;
(1) Hydrocarbons in the main stack
(B) For semivolatile metals, a haz- in excess of 20 parts per million by vol-
ardous waste feedrate corresponding to ume, over an hourly rolling average
an MTEC of 31,000 μg/dscm or less, and (monitored continuously with a contin-
use of a particulate matter control de- uous emissions monitoring system),
vice that achieves particulate matter dry basis, corrected to 7 percent oxy-
emissions of 0.15 kg/Mg dry feed or less; gen, and reported as propane; or
(C) For low volatile metals, a haz- (2) Hydrocarbons both in the by-pass
ardous waste feedrate corresponding to duct and at a preheater tower combus-
an MTEC of 15,000 μg/dscm or less, and tion gas monitoring location in excess
use of a particulate matter control de- of 10 parts per million by volume, at
vice that achieves particulate matter each location, over an hourly rolling
emissions of 0.15 kg/Mg dry feed or less; average (monitored continuously with
(D) For hydrogen chloride/chlorine a continuous emissions monitoring sys-
gas, a hazardous waste chlorine tem), dry basis, corrected to 7 percent
feedrate corresponding to an MTEC of oxygen, and reported as propane; or
420,000 μgm/dscm or less. (3) If the only firing location of haz-
(11) Calculation of hazardous waste res- ardous waste upstream (in terms of gas
idence time. You must calculate the flow) of the point where combustion
hazardous waste residence time and in- gases are diverted into the bypass duct
clude the calculation in the perform- is at the kiln end where products are
ance test plan under § 63.1207(f) and the normally discharged, then both hydro-
operating record. You must also pro- carbons at the preheater tower com-
vide the hazardous waste residence bustion gas monitoring location in ex-
time in the Documentation of Compli- cess of 10 parts per million by volume,
ance under § 63.1211(c) and the Notifica- over an hourly rolling average (mon-
tion of Compliance under §§ 63.1207(j) itored continuously with a continuous
and 63.1210(d). emissions monitoring system), dry
(12) Documenting compliance with the basis, corrected to 7 percent oxygen,
standards based on performance testing. and reported as propane, and either hy-
(i) You must conduct a minimum of drocarbons in the by-pass duct in ex-
three runs of a performance test re- cess of 10 parts per million by volume,
quired under § 63.1207 to document com- over an hourly rolling average (mon-
pliance with the emission standards of itored continuously with a continuous
this subpart. emissions monitoring system), dry
27
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
basis, corrected to 7 percent oxygen, duct is at the kiln end where products
and reported as propane, or carbon are normally discharged, then both hy-
monoxide in excess of 100 parts per mil- drocarbons at the preheater tower com-
lion by volume, over an hourly rolling bustion gas monitoring location in ex-
average (monitored continuously with cess of 10 parts per million by volume,
a continuous emissions monitoring sys- over an hourly rolling average (mon-
tem), dry basis, and corrected to 7 per- itored continuously with a continuous
cent oxygen. If you comply with the emissions monitoring system), dry
carbon monoxide standard of 100 parts basis, corrected to 7 percent oxygen,
per million by volume in the by-pass and reported as propane, and either hy-
duct, then you must also not discharge drocarbons in the by-pass duct in ex-
or cause combustion gases to be emit- cess of 10 parts per million by volume,
ted into the atmosphere that contain over an hourly rolling average (mon-
hydrocarbons in the by-pass duct in ex- itored continuously with a continuous
cess of 10 parts per million by volume, emissions monitoring system), dry
over an hourly rolling average (mon- basis, corrected to 7 percent oxygen,
itored continuously with a continuous and reported as propane, or carbon
emissions monitoring system), dry monoxide in excess of 100 parts per mil-
basis, corrected to 7 percent oxygen, lion by volume, over an hourly rolling
and reported as propane, at any time average (monitored continuously with
during the destruction and removal ef- a continuous emissions monitoring sys-
ficiency (DRE) test runs or their equiv- tem), dry basis, and corrected to 7 per-
alent as provided by § 63.1206(b)(7). cent oxygen. If you comply with the
(B) For new sources, you must not carbon monoxide standard of 100 parts
discharge or cause combustion gases to per million by volume in the by-pass
be emitted into the atmosphere that duct, then you must also not discharge
contain either: or cause combustion gases to be emit-
(1) Hydrocarbons in the main stack ted into the atmosphere that contain
in excess of 20 parts per million by vol- hydrocarbons in the by-pass duct in ex-
ume, over an hourly rolling average cess of 10 parts per million by volume,
(monitored continuously with a contin- over an hourly rolling average (mon-
uous emissions monitoring system), itored continuously with a continuous
dry basis, corrected to 7 percent oxy- emissions monitoring system), dry
gen, and reported as propane; or basis, corrected to 7 percent oxygen,
(2)(i) Hydrocarbons both in the by- and reported as propane, at any time
pass duct and at a preheater tower during the destruction and removal ef-
combustion gas monitoring location in ficiency (DRE) test runs or their equiv-
excess of 10 parts per million by vol- alent as provided by § 63.1206(b)(7).
ume, at each location, over an hourly (ii) If construction of the kiln com-
rolling average (monitored continu- menced after April 19, 1996 at a plant
ously with a continuous emissions site where a cement kiln (whether
monitoring system), dry basis, cor- burning hazardous waste or not) did
rected to 7 percent oxygen, and re- not previously exist, hydrocarbons are
ported as propane, and limited to 50 parts per million by vol-
(ii) Hydrocarbons in the main stack, ume, over a 30-day block average (mon-
if construction of the kiln commenced itored continuously with a continuous
after April 19, 1996 at a plant site where emissions monitoring system), dry
a cement kiln (whether burning haz- basis, corrected to 7 percent oxygen,
ardous waste or not) did not previously and reported as propane.
exist, to 50 parts per million by vol- (ii) Lightweight aggregate kilns that
ume, over a 30-day block average (mon- feed hazardous waste at a location
itored continuously with a continuous other than the end where products are
emissions monitoring system), dry normally discharged and where fuels
basis, corrected to 7 percent oxygen, are normally fired must comply with
and reported as propane; or the hydrocarbon standards of this sub-
(3)(i) If the only firing location of part as follows:
hazardous waste upstream (in terms of (A) Existing sources must comply
gas flow) of the point where combus- with the 20 parts per million by volume
tion gases are diverted into the bypass hydrocarbon standard of this subpart;
28
(B) New sources must comply with §§ 63.1205(a)(2) and (b)(2) for existing and
the 20 parts per million by volume hy- new lightweight aggregate kilns, you
drocarbon standard of this subpart. may instead elect to comply with the
(14) Alternative to the particulate mat- alternative mercury standard described
ter standard for incinerators—(i) General. in paragraphs (b)(15)(ii) through
In lieu of complying with the particu- (b)(15)(v) of this section.
late matter standards under § 63.1203, (ii) Operating requirement. You must
you may elect to comply with the fol- not exceed a hazardous waste feedrate
lowing alternative metal emission con- corresponding to a maximum theo-
trol requirements: retical emission concentration (MTEC)
(ii) Alternative metal emission control of 120 μg/dscm on a twelve-hour rolling
requirements for existing incinerators. (A) average.
You must not discharge or cause com- (iii) To document compliance with
bustion gases to be emitted into the at- the operating requirement of para-
mosphere that contain cadmium, lead, graph (b)(15)(ii) of this section, you
and selenium in excess of 240 μgm/ must:
dscm, combined emissions, corrected to (A) Monitor and record the feedrate
7 percent oxygen; and, of mercury for each hazardous waste
(B) You must not discharge or cause feedstream according to § 63.1209(c);
combustion gases to be emitted into
(B) Monitor with a CMS and record in
the atmosphere that contain antimony,
the operating record the gas flowrate
arsenic, beryllium, chromium, cobalt,
(either directly or by monitoring a sur-
manganese, and nickel in excess of 97
rogate parameter that you have cor-
μgm/dscm, combined emissions, cor-
related to gas flowrate);
rected to 7 percent oxygen.
(C) Continuously calculate and
(iii) Alternative metal emission control
record in the operating record a MTEC
requirements for new incinerators. (A)
assuming mercury from all hazardous
You must not discharge or cause com-
waste feedstreams is emitted;
bustion gases to be emitted into the at-
mosphere that contain cadmium, lead, (D) Interlock the MTEC calculated in
and selenium in excess of 24 μgm/dscm, paragraph (b)(15)(iii)(C) of this section
combined emissions, corrected to 7 per- to the AWFCO system to stop haz-
cent oxygen; and, ardous waste burning when the MTEC
(B) You must not discharge or cause exceeds the operating requirement of
combustion gases to be emitted into paragraph (b)(15)(ii) of this section.
the atmosphere that contain antimony, (iv) In lieu of the requirement in
arsenic, beryllium, chromium, cobalt, paragraph (b)(15)(iii) of this section,
manganese, and nickel in excess of 97 you may:
μgm/dscm, combined emissions, cor- (A) Identify in the Notification of
rected to 7 percent oxygen. Compliance a minimum gas flowrate
(iv) Operating limits. Semivolatile and limit and a maximum feedrate limit of
low volatile metal operating parameter mercury from all hazardous waste
limits must be established to ensure feedstreams that ensures the MTEC
compliance with the alternative emis- calculated in paragraph (b)(15)(iii)(C) of
sion limitations described in para- this section is below the operating re-
graphs (b)(14)(ii) and (iii) of this sec- quirement of paragraph (b)(15)(ii) of
tion pursuant to § 63.1209(n), except this section; and
that semivolatile metal feedrate limits (B) Interlock the minimum gas
apply to lead, cadmium, and selenium, flowrate limit and maximum feedrate
combined, and low volatile metal limits in paragraph (b)(15)(iv)(A) of this
feedrate limits apply to arsenic, beryl- section to the AWFCO system to stop
lium, chromium, antimony, cobalt, hazardous waste burning when the gas
manganese, and nickel, combined. flowrate or mercury feedrate exceeds
(15) Alternative to the interim standards the limits in paragraph (b)(15)(iv)(A) of
for mercury for cement and lightweight this section.
aggregate kilns—(i) General. In lieu of (v) Notification requirement. You must
complying with the applicable mercury notify in writing the RCRA authority
standards of §§ 63.1204(a)(2) and (b)(2) for that you intend to comply with the al-
existing and new cement kilns and ternative standard.
29
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
(16) Compliance with subcategory (iii) Failure to comply with the oper-
standards for liquid fuel boilers. You ating requirements is failure to ensure
must comply with the mercury, compliance with the emission stand-
semivolatile metals, low volatile met- ards of this subpart;
als, and hydrogen chloride and chlorine (iv) Operating requirements in the
standards for liquid fuel boilers under Notification of Compliance are applica-
§ 63.1217 as follows: ble requirements for purposes of parts
(i) You must determine the as-fired 70 and 71 of this chapter;
heating value of each batch of haz- (v) The operating requirements speci-
ardous waste fired by each firing sys- fied in the Notification of Compliance
tem of the boiler so that you know the will be incorporated in the title V per-
mass-weighted heating value of the mit.
hazardous waste fired at all times. (2) Startup, shutdown, and malfunction
(ii) If the as-fired heating value of plan. (i) You are subject to the startup,
the hazardous waste is 10,000 Btu per shutdown, and malfunction plan re-
pound or greater, you are subject to quirements of § 63.6(e)(3).
the thermal emission concentration (ii) If you elect to comply with
standards (lb/million Btu) under §§ 270.235(a)(1)(iii), 270.235(a)(2)(iii), or
§ 63.1217. 270.235(b)(1)(ii) of this chapter to ad-
dress RCRA concerns that you mini-
(iii) If the as-fired heating value of
mize emissions of toxic compounds
the hazardous waste is less than 10,000
from startup, shutdown, and malfunc-
Btu/lb, you are subject to the mass or
tion events (including releases from
volume emission concentration stand-
emergency safety vents):
ards (μgm/dscm or ppmv) under
(A) The startup, shutdown, and mal-
§ 63.1217.
function plan must include a descrip-
(iv) If the as-fired heating value of tion of potential causes of malfunc-
hazardous wastes varies above and tions, including releases from emer-
below 10,000 Btu/lb over time, you are gency safety vents, that may result in
subject to the thermal concentration significant releases of hazardous air
standards when the heating value is pollutants, and actions the source is
10,000 Btu/lb or greater and the mass taking to minimize the frequency and
concentration standards when the severity of those malfunctions.
heating value is less than 10,000 Btu/lb. (B) You must submit the startup,
You may elect to comply at all times shutdown, and malfunction plan to the
with the more stringent operating re- Administrator for review and approval.
quirements that ensure compliance (1) Approval procedure. The Adminis-
with both the thermal emission con- trator will notify you of approval or in-
centration standards and the mass or tention to deny approval of the start-
volume emission concentration stand- up, shutdown, and malfunction plan
ards. within 90 calendar days after receipt of
(c) Operating requirements—(1) Gen- the original request and within 60 cal-
eral. (i) You must operate only under endar days after receipt of any supple-
the operating requirements specified in mental information that you submit.
the Documentation of Compliance Before disapproving the plan, the Ad-
under § 63.1211(c) or the Notification of ministrator will notify you of the Ad-
Compliance under §§ 63.1207(j) and ministrator’s intention to disapprove
63.1210(d), except: the plan together with:
(A) During performance tests under (i) Notice of the information and
approved test plans according to findings on which intended disapproval
§ 63.1207(e), (f), and (g), and is based; and
(B) Under the conditions of para- (ii) Notice of opportunity for you to
graph (b)(1)(i) or (ii) of this section; present additional information to the
(ii) The Documentation of Compli- Administrator before final action on
ance and the Notification of Compli- disapproval of the plan. At the time
ance must contain operating require- the Administrator notifies you of in-
ments including, but not limited to, tention to disapprove the plan, the Ad-
the operating requirements in this sec- ministrator will specify how much
tion and § 63.1209 time you will have after being notified
30
on the intended disapproval to submit itored by a CEMS or COMS or oper-

additional information. ating limit specified under § 63.1209 is
(2) Responsibility of owners and opera- not a violation of this subpart if you
tors. You are responsible for ensuring take the corrective measures pre-
that you submit any supplementary scribed in the startup, shutdown, and
and additional information supporting malfunction plan.
your plan in a timely manner to enable (3) Excessive exceedances during mal-
the Administrator to consider whether functions. For each set of 10
to approve the plan. Neither your sub- exceedances of an emission standard or
mittal of the plan, nor the Administra- operating requirement while hazardous
tor’s failure to approve or disapprove waste remains in the combustion
the plan, relieves you of the responsi- chamber (i.e., when the hazardous
bility to comply with the provisions of waste residence time has not tran-
this subpart. spired since the hazardous waste feed
(C) Changes to the plan that may sig- was cutoff) during a 60-day block pe-
nificantly increase emissions. (1) You riod, you must:
must request approval in writing from (i) Within 45 days of the 10th exceed-
the Administrator within 5 days after ance, complete an investigation of the
making a change to the startup, shut- cause of each exceedance and evalua-
down, and malfunction plan that may tion of approaches to minimize the fre-
significantly increase emissions of haz- quency, duration, and severity of each
ardous air pollutants. exceedance, and revise the startup,
(2) To request approval of such shutdown, and malfunction plan as
changes to the startup, shutdown, and warranted by the evaluation to mini-
malfunction plan, you must follow the mize the frequency, duration, and se-
procedures provided by paragraph verity of each exceedance; and
(c)(2)(ii)(B) of this section for initial (ii) Record the results of the inves-
approval of the plan. tigation and evaluation in the oper-
(iii) You must identify in the plan a ating record, and include a summary of
projected oxygen correction factor the investigation and evaluation, and
based on normal operations to use dur- any changes to the startup, shutdown,
ing periods of startup and shutdown. and malfunction plan, in the excess
(iv) You must record the plan in the emissions report required under
operating record. § 63.10(e)(3).
(v) Operating under the startup, shut- (B) Compliance with AWFCO require-
down, and malfunction plan—(A) Compli- ments when burning hazardous waste
ance with AWFCO requirements during during startup and shutdown. (1) If you
malfunctions. (1) During malfunctions, feed hazardous waste during startup or
the automatic waste feed cutoff re- shutdown, you must include waste feed
quirements of § 63.1206(c)(3) continue to restrictions (e.g., type and quantity),
apply, except for paragraphs (c)(3)(v) and other appropriate operating condi-
and (c)(3)(vi) of this section. If you ex- tions and limits in the startup, shut-
ceed a part 63, subpart EEE, of this down, and malfunction plan.
chapter emission standard monitored (2) You must interlock the operating
by a CEMS or COMs or operating limit limits you establish under paragraph
specified under § 63.1209, the automatic (c)(2)(v)(B)(1) of this section with the
waste feed cutoff system must imme- automatic waste feed cutoff system re-
diately and automatically cutoff the quired under § 63.1206(c)(3), except for
hazardous waste feed, except as pro- paragraphs (c)(3)(v) and (c)(3)(vi) of this
vided by paragraph (c)(3)(viii) of this section.
section. If the malfunction itself pre- (3) When feeding hazardous waste
vents immediate and automatic cutoff during startup or shutdown, the auto-
of the hazardous waste feed, however, matic waste feed cutoff system must
you must cease feeding hazardous immediately and automatically cutoff
waste as quickly as possible. the hazardous waste feed if you exceed
(2) Although the automatic waste the operating limits you establish
feed cutoff requirements continue to under paragraph (c)(2)(v)(B)(1) of this

apply during a malfunction, an exceed- section, except as provided by para-
ance of an emission standard mon- graph (c)(3)(viii) of this section.
31
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
(4) Although the automatic waste quirements of paragraph (c)(3) of this

feed cutoff requirements of this para- section. If an equipment or other fail-
graph apply during startup and shut- ure prevents immediate and automatic
down, an exceedance of an emission cutoff of the hazardous waste feed,
standard or operating limit is not a however, you must cease feeding haz-
violation of this subpart if you comply ardous waste as quickly as possible.
with the operating procedures pre- (v) Corrective measures. If, after any
scribed in the startup, shutdown, and AWFCO, there is an exceedance of an
malfunction plan. emission standard or operating require-
(3) Automatic waste feed cutoff ment, irrespective of whether the ex-
(AWFCO)—(i) General. Upon the com- ceedance occurred while hazardous
pliance date, you must operate the haz- waste remained in the combustion
ardous waste combustor with a func- chamber (i.e., whether the hazardous
tioning system that immediately and waste residence time has transpired
automatically cuts off the hazardous since the hazardous waste feed cutoff
waste feed, except as provided by para- system was activated), you must inves-
graph (c)(3)(viii) of this section: tigate the cause of the AWFCO, take
(A) When any of the following are ex- appropriate corrective measures to
ceeded: Operating parameter limits minimize future AWFCOs, and record
specified under § 63.1209; an emission the findings and corrective measures in
standard monitored by a CEMS; and the operating record.
the allowable combustion chamber (vi) Excessive exceedance reporting. (A)
pressure; For each set of 10 exceedances of an
(B) When the span value of any CMS emission standard or operating require-
detector, except a CEMS, is met or ex- ment while hazardous waste remains in
ceeded; the combustion chamber (i.e., when the
(C) Upon malfunction of a CMS moni- hazardous waste residence time has not
toring an operating parameter limit
transpired since the hazardous waste
specified under § 63.1209 or an emission
feed was cutoff) during a 60-day block
level; or
period, you must submit to the Admin-
(D) When any component of the auto-
istrator a written report within 5 cal-
matic waste feed cutoff system fails.
endar days of the 10th exceedance docu-
(ii) Ducting of combustion gases. Dur-
menting the exceedances and results of
ing an AWFCO, you must continue to
the investigation and corrective meas-
duct combustion gasses to the air pol-
ures taken.
lution control system while hazardous
waste remains in the combustion (B) On a case-by-case basis, the Ad-
chamber (i.e., if the hazardous waste ministrator may require excessive ex-
residence time has not transpired since ceedance reporting when fewer than 10
the hazardous waste feed cutoff system exceedances occur during a 60-day
was activated). block period.
(iii) Restarting waste feed. You must (vii) Testing. The AWFCO system and
continue to monitor during the cutoff associated alarms must be tested at
the operating parameters for which least weekly to verify operability, un-
limits are established under § 63.1209 less you document in the operating
and the emissions required under that record that weekly inspections will un-
section to be monitored by a CEMS, duly restrict or upset operations and
and you must not restart the hazardous that less frequent inspection will be
waste feed until the operating param- adequate. At a minimum, you must
eters and emission levels are within conduct operability testing at least
the specified limits. monthly. You must document and
(iv) Failure of the AWFCO system. If record in the operating record AWFCO
the AWFCO system fails to automati- operability test procedures and results.
cally and immediately cutoff the flow (viii) Ramping down waste feed. (A)
of hazardous waste upon exceedance of You may ramp down the waste feedrate
a parameter required to be interlocked of pumpable hazardous waste over a pe-
with the AWFCO system under para- riod not to exceed one minute, except
graph (c)(3)(i) of this section, you have as provided by paragraph (c)(3)(viii)(B)
failed to comply with the AWFCO re- of this section. If you elect to ramp
32
down the waste feed, you must docu- (iii) Corrective measures. After any
ment ramp down procedures in the op- ESV opening that results in a failure
erating and maintenance plan. The pro- to meet the emission standards as de-
cedures must specify that the ramp fined in paragraph (c)(4)(i) of this sec-
down begins immediately upon initi- tion, you must investigate the cause of
ation of automatic waste feed cutoff the ESV opening, take appropriate cor-
and the procedures must prescribe a rective measures to minimize such fu-
bona fide ramping down. If an emission ture ESV openings, and record the find-
standard or operating limit is exceeded ings and corrective measures in the op-
during the ramp down, you have failed erating record.
to comply with the emission standards (iv) Reporting requirements. You must
or operating requirements of this sub- submit to the Administrator a written
part. report within 5 days of an ESV opening
(B) If the automatic waste feed cutoff that results in failure to meet the
is triggered by an exceedance of any of emission standards of this subpart (as
the following operating limits, you determined in paragraph (c)(4)(i) of this
may not ramp down the waste feed cut- section) documenting the result of the
off: Minimum combustion chamber investigation and corrective measures
temperature, maximum hazardous taken.
waste feedrate, or any hazardous waste (5) Combustion system leaks. (i) Com-
firing system operating limits that bustion system leaks of hazardous air
may be established for your combustor. pollutants must be controlled by:
(4) ESV openings—(i) Failure to meet (A) Keeping the combustion zone
standards. If an emergency safety vent sealed to prevent combustion system
(ESV) opens when hazardous waste re- leaks; or
mains in the combustion chamber (i.e., (B) Maintaining the maximum com-
when the hazardous waste residence bustion zone pressure lower than ambi-
time has not expired) during an event ent pressure using an instantaneous
other than a malfunction as defined in monitor; or
the startup, shutdown, and malfunc- (C) Upon prior written approval of
tion plan such that combustion gases the Administrator, an alternative
are not treated as during the most re- means of control to provide control of
cent comprehensive performance test combustion system leaks equivalent to
(e.g., if the combustion gas by-passes maintenance of combustion zone pres-
any emission control device that was sure lower than ambient pressure; or
operating during the performance test), (D) Upon prior written approval of
you must document in the operating the Administrator, other technique(s)
record whether you remain in compli- which can be demonstrated to prevent
ance with the emission standards of fugitive emissions without use of in-
this subpart considering emissions dur- stantaneous pressure limits; and
ing the ESV opening event. (ii) You must specify in the perform-
(ii) ESV operating plan. (A) You must ance test workplan and Notification of
develop an ESV operating plan, comply Compliance the method that will be
with the operating plan, and keep the used to control combustion system
plan in the operating record. leaks. If you control combustion sys-
(B) The ESV operating plan must tem leaks by maintaining the combus-
provide detailed procedures for rapidly tion zone pressure lower than ambient
stopping the waste feed, shutting down pressure using an instantaneous mon-
the combustor, and maintaining tem- itor, you must also specify in the per-
perature and negative pressure in the formance test workplan and Notifica-
combustion chamber during the haz- tion of Compliance the monitoring and
ardous waste residence time, if fea- recording frequency of the pressure
sible. The plan must include calcula- monitor, and specify how the moni-
tions and information and data docu- toring approach will be integrated into
menting the effectiveness of the plan’s the automatic waste feed cutoff sys-
procedures for ensuring that combus- tem.
tion chamber temperature and nega- (6) Operator training and certification.
tive pressure are maintained as is rea- (i) You must establish training pro-
sonably feasible. grams for all categories of personnel
33
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
whose activities may reasonably be ex- (2) New operators and operators of
pected to directly affect emissions of new sources must, before assuming
hazardous air pollutants from the their duties, achieve provisional cer-
source. Such persons include, but are tification, and must submit an applica-
not limited to, chief facility operators, tion to ASME, and be scheduled for the
control room operators, continuous full certification exam. Within one
monitoring system operators, persons year of assuming their duties, these op-
that sample and analyze feedstreams, erators must achieve full certification;
persons that manage and charge or
feedstreams to the combustor, persons (C) Be trained and certified under a
that operate emission control devices, State program.
and ash and waste handlers. Each (iv) Control room operators of ce-
training program shall be of a tech- ment kilns, lightweight aggregate
nical level commensurate with the per- kilns, solid fuel boilers, liquid fuel boil-
son’s job duties specified in the train- ers, and hydrochloric acid production
ing manual. Each commensurate train- furnaces must be trained and certified
ing program shall require an examina- under:
tion to be administered by the instruc- (A) A site-specific, source-developed
tor at the end of the training course. and implemented program that meets
Passing of this test shall be deemed the the requirements of paragraph (c)(6)(v)
‘‘certification’’ for personnel, except of this section; or
that, for control room operators, the (B) A State program.
training and certification program (v) Site-specific, source developed
shall be as specified in paragraphs and implemented training programs for
(c)(6)(iii) through (c)(6)(vi) of this sec- control room operators must include
tion. the following elements:
(ii) You must ensure that the source (A) Training on the following sub-
is operated and maintained at all times jects:
by persons who are trained and cer- (1) Environmental concerns, includ-
tified to perform these and any other ing types of emissions;
duties that may affect emissions of (2) Basic combustion principles, in-
hazardous air pollutants. A certified cluding products of combustion;
control room operator must be on duty (3) Operation of the specific type of
at the site at all times the source is in combustor used by the operator, in-
operation. cluding proper startup, waste firing,
(iii) Hazardous waste incinerator con- and shutdown procedures;
trol room operators must: (4) Combustion controls and contin-
(A) Be trained and certified under a uous monitoring systems;
site-specific, source-developed and im- (5) Operation of air pollution control
plemented program that meets the re- equipment and factors affecting per-
quirements of paragraph (c)(6)(v) of formance;
this section; or (6) Inspection and maintenance of the
(B) Be trained under the require- combustor, continuous monitoring sys-
ments of, and certified under, one of tems, and air pollution control devices;
the following American Society of Me- (7) Actions to correct malfunctions
chanical Engineers (ASME) standards: or conditions that may lead to mal-
QHO–1–1994, QHO–1a–1996, or QHO–1– function;
2004 (Standard for the Qualification (8) Residue characteristics and han-
and Certification of Hazardous Waste dling procedures; and
Incinerator Operators). If you elect to (9) Applicable Federal, state, and
use the ASME program: local regulations, including Occupa-
(1) Control room operators must, tional Safety and Health Administra-
prior to the compliance date, achieve tion workplace standards; and
provisional certification, and must sub- (B) An examination designed and ad-
mit an application to ASME and be ministered by the instructor; and
scheduled for the full certification (C) Written material covering the
exam. Within one year of the compli- training course topics that may serve
ance date, control room operators must as reference material following comple-
achieve full certification; tion of the course.
34
(vi) To maintain control room oper- (B) A particulate matter detection

ator qualification under a site-specific, system under paragraph (c)(9) of this
source developed and implemented section.
training program as provided by para- (ii) Bag leak detection system specifica-
graph (c)(6)(v) of this section, control tion and requirements. (A) The bag leak
room operators must complete an an- detection system must be certified by
nual review or refresher course cov- the manufacturer to be capable of con-
ering, at a minimum, the following tinuously detecting and recording par-
topics: ticulate matter emissions at con-
(A) Update of regulations; centrations of 1.0 milligrams per actual
(B) Combustor operation, including cubic meter unless you demonstrate,
startup and shutdown procedures, under § 63.1209(g)(1), that a higher de-
waste firing, and residue handling; tection limit would routinely detect
(C) Inspection and maintenance; particulate matter loadings during nor-
(D) Responses to malfunctions or mal operations;
conditions that may lead to malfunc- (B) The bag leak detection system
tion; and shall provide output of relative or ab-
(E) Operating problems encountered solute particulate matter loadings;
by the operator. (C) The bag leak detection system
(vii) You must record the operator shall be equipped with an alarm system
training and certification program in that will sound an audible alarm when
the operating record. an increase in relative particulate
(7) Operation and maintenance plan— loadings is detected over a preset level;
(i) You must prepare and at all times (D) The bag leak detection system
operate according to an operation and shall be installed and operated in a
maintenance plan that describes in de- manner consistent with available writ-
tail procedures for operation, inspec- ten guidance from the U.S. Environ-
tion, maintenance, and corrective mental Protection Agency or, in the
measures for all components of the absence of such written guidance, the
combustor, including associated pollu- manufacturer’s written specifications
tion control equipment, that could af- and recommendations for installation,
fect emissions of regulated hazardous operation, and adjustment of the sys-
air pollutants. tem;
(ii) The plan must prescribe how you (E) The initial adjustment of the sys-
will operate and maintain the com- tem shall, at a minimum, consist of es-
bustor in a manner consistent with tablishing the baseline output by ad-
good air pollution control practices for justing the sensitivity (range) and the
minimizing emissions at least to the averaging period of the device, and es-
levels achieved during the comprehen- tablishing the alarm set points and the
sive performance test. alarm delay time;
(iii) This plan ensures compliance (F) Following initial adjustment, you
with the operation and maintenance must not adjust the sensitivity or
requirements of § 63.6(e) and minimizes range, averaging period, alarm set
emissions of pollutants, automatic points, or alarm delay time, except as
waste feed cutoffs, and malfunctions. detailed in the operation and mainte-
(iv) You must record the plan in the nance plan required under paragraph
operating record. (c)(7) of this section. You must not in-
(8) Bag leak detection system require- crease the sensitivity by more than 100
ments. (i) If your combustor is equipped percent or decrease the sensitivity by
with a baghouse (fabric filter), you more than 50 percent over a 365 day pe-
must continuously operate either: riod unless such adjustment follows a
(A) A bag leak detection system that complete baghouse inspection which
meets the specifications and require- demonstrates the baghouse is in good
ments of paragraph (c)(8)(ii) of this sec- operating condition;
tion and you must comply with the (G) For negative pressure or induced
corrective measures and notification air baghouses, and positive pressure

requirements of paragraphs (c)(8)(iii) baghouses that are discharged to the
and (iv) of this section; or atmosphere through a stack, the bag
35
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
leak detector shall be installed down- (iv) Excessive exceedances notification.

stream of the baghouse and upstream If you operate the combustor when the
of any wet acid gas scrubber; and detector response exceeds the alarm
(H) Where multiple detectors are reset-point or the bag leak detection sys-
quired, the system’s instrumentation tem is malfunctioning more than 5 per-
and alarm system may be shared cent of the time during any 6-month
among the detectors. block time period, you must submit a
(iii) Bag leak detection system correc- notification to the Administrator with-
tive measures requirements. The oper- in 30 days of the end of the 6-month
ating and maintenance plan required block time period that describes the
by paragraph (c)(7) of this section must causes of the exceedances and bag leak
include a corrective measures plan that detection system malfunctions and the
specifies the procedures you will follow revisions to the design, operation, or
in the case of a bag leak detection sys- maintenance of the combustor,
tem alarm or malfunction. The correc- baghouse, or bag leak detection system
tive measures plan must include, at a you are taking to minimize
minimum, the procedures used to de- exceedances and bag leak detection
termine and record the time and cause system malfunctions. To document
of the alarm or bag leak detection sys- compliance with this requirement:
tem malfunction in accordance with (A) You must keep records of the
the requirements of paragraph date, time, and duration of each alarm
(c)(8)(iii)(A) of this section as well as and bag leak detection system mal-
the corrective measures taken to cor- function, the time corrective action
rect the control device or bag leak de- was initiated and completed, and a
tection system malfunction or to mini- brief description of the cause of the
mize emissions in accordance with the alarm or bag leak detection system
requirements of paragraph (c)(8)(iii)(B) malfunction and the corrective action
of this section. Failure to initiate the taken;
corrective measures required by this (B) You must record the percent of
paragraph is failure to ensure compli- the operating time during each 6-
ance with the emission standards in month period that the alarm sounds
this subpart. and the bag leak detection system mal-
(A) You must initiate the procedures functions;
used to determine the cause of the (C) If inspection of the fabric filter
alarm or bag leak detection system demonstrates that no corrective action
malfunction within 30 minutes of the is required, then no alarm time is
time the alarm first sounds; and counted; and
(D) If corrective action is required,
(B) You must alleviate the cause of
each alarm shall be counted as a min-
the alarm or bag leak detection system
imum of 1 hour. Each bag leak detec-
malfunction by taking the necessary
tion system malfunction shall also be
corrective measure(s) which may in-
counted as a minimum of 1 hour.
clude, but are not to be limited to, the
(9) Particulate matter detection system
following:
requirements. You must continuously
(1) Inspecting the baghouse for air operate a particulate matter detection
leaks, torn or broken filter elements, system (PMDS) that meets the speci-
or any other malfunction that may fications and requirements of para-
cause an increase in emissions; graphs (c)(9)(i) through (v) of this sec-
(2) Sealing off defective bags or filter tion and you must comply with the
media; corrective measures and notification
(3) Replacing defective bags or filter requirements of paragraphs (c)(9)(vii)
media, or otherwise repairing the con- and (viii) of this section if your com-
trol device; bustor either: Is equipped with an elec-
(4) Sealing off a defective baghouse trostatic precipitator or ionizing wet
compartment; scrubber and you do not establish site-
(5) Cleaning the bag leak detection specific control device operating pa-
system probe, or otherwise repairing rameter limits under § 63.1209(m)(1)(iv)

the bag leak detection system; or that are linked to the automatic waste
(6) Shutting down the combustor. feed cutoff system under paragraph
36
(c)(3) of this section, or is equipped toring system test plan, of the quality
with a baghouse (fabric filter) and you assurance procedures that will reason-
do not operate a bag leak detection ably ensure that PMDS response values
system as provided by paragraph below the alarm set-point correspond
(c)(8)(i)(B) of this section. to PM emission concentrations below
(i) PMDS requirements. (A) The PMDS the value that correlates to the alarm
must be certified by the manufacturer set-point.
to be capable of continuously detecting (E) You must include procedures for
and recording particulate matter emis- installation, operation, maintenance,
sions at concentrations of 1.0 milli- and quality assurance of the PMDS in
grams per actual cubic meter unless the site-specific continuous monitoring
you demonstrate, under § 63.1209(g)(1), system test plan required under
that a higher detection limit would §§ 63.1207(e) and 63.8(e)(3);
routinely detect particulate matter (F) Where multiple detectors are re-
loadings during normal operations; quired to monitor multiple control de-
(B) The particulate matter detector vices, the system’s instrumentation
shall provide output of relative or ab- and alarm system may be shared
solute particulate matter loadings; among the detectors.
(C) The PMDS shall be equipped with (G) You must establish the alarm set-
an alarm system that will sound an au- point as a 6-hour rolling average as
dible alarm when an increase in rel- provided by paragraphs (c)(9)(ii),
ative or absolute particulate loadings (c)(9)(iii), and (c)(9)(iv) of this section;
is detected over the set-point; (H) Your PMDS must complete a
(D) You must install, operate, and minimum of one cycle of operation
maintain the PMDS in a manner con- (sampling, analyzing, and data record-
sistent with the provisions of para- ing) for each successive 15-minute pe-
graph (c)(9) of this section and avail- riod. You must update the 6-hour roll-
able written guidance from the U.S. ing average of the detector response
Environmental Protection Agency or, each hour with a one-hour block aver-
in the absence of such written guid- age that is the average of the detector
ance, the manufacturer’s written speci- responses over each 15-minute block;
fications and recommendations for in- and
stallation, operation, maintenance and (I) If you exceed the alarm set-point
quality assurance of the system. (or if your PMDS malfunctions), you
(1) Set-points established without ex- must comply with the corrective meas-
trapolation. If you establish the alarm ures under paragraph (c)(9)(vii) of this
set-point without extrapolation under section.
paragraph (c)(9)(iii)(A) of this section, (ii) Establishing the alarm set-point for
you must request approval from the operations under the Documentation of
regulatory authority, in the contin- Compliance. You must establish the
uous monitoring system test plan, of alarm set-point for operations under
the quality assurance procedures that the Documentation of Compliance (i.e.,
will reasonably ensure that PMDS re- after the compliance date but prior to
sponse values below the alarm set- submitting a Notification of Compli-
point correspond to PM emission con- ance subsequent to conducting the ini-
centrations below those demonstrated tial comprehensive performance test)
during the comprehensive performance of an existing source as follows:
test. Your recommended quality assur- (A) You must obtain a minimum of
ance procedures may include periodic three pairs of Method 5 or 5I data, pro-
testing under as-found conditions (i.e., vided in appendix A–3 to part 60 of this
normal operations) to obtain addi- chapter, and PMDS data to establish
tional PM concentration and PMDS re- an approximate correlation curve. Data
sponse run pairs, as warranted. obtained up to 60 months prior to the
(2) Set-points established with extrapo- compliance date may be used provided
lation. If you establish the alarm set- that the design and operation of the
point by extrapolation under paragraph combustor or PMDS has not changed in
(c)(9)(iii)(B) of this section, you must a manner that may adversely affect the
request approval from the regulatory correlation of PM concentrations and
authority, in the continuous moni- PMDS response.
37
§ 63.1206 40 CFR Ch. I (7–1–16 Edition)
(B) You must request approval from ing a test condition where controllable
the regulatory authority, in the con- operating factors were held constant,
tinuous monitoring system test plan, you must use the average of the test
of your determination whether mul- run averages of PM concentrations for
tiple correlation curves are needed con- extrapolating the alarm set-point. The
sidering the design and operation of PM emission concentration used to ex-
your combustor and PMDS. trapolate the alarm set-point must not
(C) You must approximate the cor- exceed the PM emission standard, how-
relation of the reference method data ever.
to the PMDS data. (iii) Establishing the initial alarm set-
(1) You may assume a linear correla- point for operations under the Notifica-
tion of the PMDS response to particu- tion of Compliance. You must establish
late matter emission concentrations;
the initial alarm set-point for oper-
(2) You may include a zero point cor-
ations under the Notification of Com-
relation value. To establish a zero
pliance as provided by either paragraph
point, you must follow one or more of
(c)(9)(iii)(A) or paragraph (c)(9)(iii)(B)
the following steps:
(i) Zero point data for in-situ instru- of this section. You must periodically
ments should be obtained, to the ex- revise the alarm set-point as provided
tent possible, by removing the instru- by paragraph (c)(9)(iv) of this section.
ment from the stack and monitoring (A) Establishing the initial set-point
ambient air on a test bench; without extrapolation. (1) If you estab-
(ii) Zero point data for extractive in- lish the initial alarm set-point without
struments should be obtained by re- extrapolation, the alarm set-point is
moving the extractive probe from the the average of the test run averages of
stack and drawing in clean ambient the PMDS response during the runs of
air; the comprehensive performance test
(iii) Zero point data also can be ob- that document compliance with the
tained by performing manual reference PM emission standard.
method measurements when the flue (2) During the comprehensive per-
gas is free of PM emissions or contains formance test, you may simulate PM
very low PM concentrations (e.g., when emission concentrations at the upper
your process is not operating, but the end of the range of normal operations
fans are operating or your source is by means including feeding high levels
combusting only natural gas); and of ash and detuning the emission con-
(iv) If none of the steps in paragraphs trol equipment.
(c)(9)(ii)(B)(2)(i) through (iii) of this sec- (B) Establishing the initial set-point by
tion are possible, you must estimate extrapolation. You may extrapolate the
the monitor response when no PM is in
particulate matter detector response to
the flue gas (e.g., 4 mA = 0 mg/acm).
establish the alarm set-point under the
(3) For reference method data that
following procedures:
were obtained from runs during a test
condition where controllable operating (1) You must request approval from
factors were held constant, you must the regulatory authority, in the con-
average the test run averages of PM tinuous monitoring system test plan,
concentrations and PMDS responses to of the procedures you will use to estab-
obtain a single pair of data for PM con- lish an approximate correlation curve
centration and PMDS response. You using the three pairs of Method 5 or 5I
may use this pair of data and the zero data (see methods in appendix A–3 of
point to define a linear correlation part 60 of this chapter) and PMDS data
model for the PMDS. from the comprehensive performance
(D) You must establish the alarm set- test, the data pairs used to establish
point as the PMDS response that cor- the correlation curve for the Docu-
responds to a PM concentration that is mentation of Compliance under para-
50% of the PM emission standard or graph (c)(9)(ii) of this section, and addi-
125% of the highest PM concentration tional data pairs, as warranted.
used to develop the correlation, which- (2) You must request approval from
ever is greater. For reference method the regulatory authority, in the con-
data that were obtained from runs dur- tinuous monitoring system test plan,
38
of your determination of whether mul- (B) Revising set-points established with

tiple correlation curves are needed con- extrapolation. If you establish the alarm
sidering the design and operation of set-point by extrapolation under para-
your combustor and PMDS. If so, you graph (c)(9)(iii)(B) of this section, you
must recommend the number of data must request approval from the regu-
pairs needed to establish those correla- latory authority, in the continuous
tion curves and how the data will be monitoring system test plan, of the
obtained. procedures for periodically revising the
(3) During the comprehensive per- alarm set-point, considering the addi-
formance test, you may simulate PM tional data pairs obtained during peri-
emission concentrations at the upper odic comprehensive performance tests
end of the range of normal operations and data pairs obtained from other
by means including feeding high levels tests, such as for quality assurance.
of ash and detuning the emission con- (v) Quality assurance—(A) Set-points
trol equipment. established without extrapolation. If you
(4) Data obtained up to 60 months establish the alarm set-point without
prior to the comprehensive perform- extrapolation under paragraph
ance test may be used provided that (c)(9)(iii)(A) of this section, you must
the design and operation of the com- request approval from the regulatory
bustor or PMDS has not changed in a authority, in the continuous moni-
manner that may adversely affect the toring system test plan, of the quality
correlation of PM concentrations and assurance procedures that reasonably
PMDS response.
ensure that PMDS response values
(5) You may include a zero point cor-
below the alarm set-point correspond
relation value. To establish a zero
to PM emission concentrations below
point, you must follow the procedures
the average of the PM concentrations
under paragraph (c)(9)(ii)(C)(2) of this
demonstrated during the comprehen-
section.
sive performance test. Your rec-
(6) You must use a least-squares re-
ommended quality assurance proce-
gression model to correlate PM con-
dures may include periodic testing
centrations to PMDS responses for
under as-found conditions (i.e., normal
data pairs. You may assume a linear
operations) to obtain additional PM
regression model approximates the re-
lationship between PM concentrations concentration and PMDS response run
and PMDS responses. pairs, as warranted.
(7) You must establish the alarm set- (B) Set-points established with extrapo-
point as the PMDS response that cor- lation. If you establish the alarm set-
responds to a PM concentration that is point by extrapolation under paragraph
50% of the PM emission standard or (c)(9)(iii)(B) of this section, you must
125% of the highest PM concentration request approval from the regulatory
used to develop the correlation, which- authority, in the continuous moni-
ever is greater. The emission con- toring system test plan, of the quality
centration used to extrapolate the assurance procedures that reasonably
PMDS response must not exceed the ensure that PMDS response values
PM emission standard. below the alarm set-point correspond
(iv) Revising the Notification of Compli- to PM emission concentrations below
ance alarm set-point—(A) Revising set- the value that correlated to the alarm
points established without extrapolation. set-point.
If you establish the alarm set-point (vi) PMDS are used for compliance as-
without extrapolation under paragraph surance only. For a PMDS for which the
(c)(9)(iii)(A) of this section, you must alarm set-point is established by ex-
establish a new alarm set-point in the trapolation using a correlation curve
Notification of Compliance following under paragraphs (c)(9)(ii), (c)(9)(iii)(B),
each comprehensive performance test and (c)(9)(iv)(B) of this section, an ex-
as the average of the test run averages ceedance of the PMDS response that
of the PMDS response during the runs appears to correlate with a PM con-
of the comprehensive performance test centration that exceeds the PM emis-

that document compliance with the sion standard is not by itself evidence
PM emission standard. that the standard has been exceeded.
39
§ 63.1207 40 CFR Ch. I (7–1–16 Edition)
(vii) PMDS corrective measures require- rective action is required, then no

ments. The operating and maintenance alarm time is counted; and
plan required by paragraph (c)(7) of (D) If corrective action to the emis-
this section must include a corrective sion control device is required, each
measures plan that specifies the proce- alarm shall be counted as a minimum
dures you will follow in the case of a of 1 hour. Each PMDS malfunction
PMDS alarm or malfunction. The cor- shall also be counted as a minimum of
rective measures plan must include, at 1 hour.
a minimum, the procedures used to de-
[64 FR 53038, Sept. 30, 1999, as amended at 65
termine and record the time and cause FR 42298, July 10, 2000; 65 FR 67271, Nov. 9,
of the alarm or PMDS malfunction as 2000; 66 FR 24272, May 14, 2001; 66 FR 35103,
well as the corrective measures taken July 3, 2001; 66 FR 63317, Dec. 7, 2001; 67 FR
to correct the control device or PMDS 6813, Feb. 13, 2002; 67 FR 6989, Feb. 14, 2002; 67
malfunction or minimize emissions as FR 77691, Dec. 19, 2002; 70 FR 59541, Oct. 12,
specified below. Failure to initiate the 2005; 70 FR 75047, Dec. 19, 2005; 71 FR 20459,
corrective measures required by this Apr. 20, 2006; 71 FR 62393, Oct. 25, 2006; 73 FR
18979, Apr. 8, 2008; 73 FR 64094, Oct. 28, 2008]
paragraph is failure to ensure compli-
ance with the emission standards in § 63.1207 What are the performance
this subpart. testing requirements?
(A) You must initiate the procedures
(a) General. The provisions of § 63.7
used to determine the cause of the
apply, except as noted below.
alarm or PMDS malfunction within 30
(b) Types of performance tests—(1) Com-
minutes of the time the alarm first
prehensive performance test. You must
sounds or the PMDS malfunctions; and
conduct comprehensive performance
(B) You must alleviate the cause of tests to demonstrate compliance with
the alarm or the PMDS malfunction by the emission standards provided by
taking the necessary corrective meas- this subpart, establish limits for the
ure(s) which may include shutting operating parameters provided by
down the combustor. § 63.1209, and demonstrate compliance
(viii) Excessive exceedances notifica- with the performance specifications for
tion. If you operate the combustor continuous monitoring systems.
when the detector response exceeds the (2) Confirmatory performance test. You
alarm set-point or when the PMDS is must conduct confirmatory perform-
malfunctioning more than 5 percent of ance tests to:
the time during any 6-month block (i) Demonstrate compliance with the
time period, you must submit a notifi- dioxin/furan emission standard when
cation to the Administrator within 30 the source operates under normal oper-
days of the end of the 6-month block ating conditions; and
time period that describes the causes of (ii) Conduct a performance evalua-
the exceedances and the revisions to tion of continuous monitoring systems
the design, operation, or maintenance required for compliance assurance with
of the combustor, emission control de- the dioxin/furan emission standard
vice, or PMDS you are taking to mini- under § 63.1209(k).
mize exceedances. To document com- (3) One-Time Dioxin/Furan Test for
pliance with this requirement: Sources Not Subject to a Numerical
(A) You must keep records of the Dioxin/Furan Standard. For solid fuel
date, time, and duration of each alarm boilers and hydrochloric acid produc-
and PMDS malfunction, the time cor- tion furnaces, for lightweight aggre-
rective action was initiated and com- gate kilns that are not subject to a nu-
pleted, and a brief description of the merical dioxin/furan emission standard
cause of the alarm or PMDS malfunc- under § 63.1221, and liquid fuel boilers
tion and the corrective action taken; that are not subject to a numerical
(B) You must record the percent of dioxin/furan emission standard under
the operating time during each 6- § 63.1217, you must conduct a one-time
month period that the alarm sounds emission test for dioxin/furan under
and the PMDS malfunctions; feed and operating conditions that are
(C) If inspection of the emission con- most likely to reflect daily maximum
trol device demonstrates that no cor- operating variability, similar to a
40
dioxin/furan comprehensive perform- (A) Was initiated after 54 months

ance test. prior to the compliance date, except as
(i) You must conduct the dioxin/furan provided by paragraphs (c)(2)(iii) or
emissions test no later than the dead- (c)(2)(iv) of this section;
line for conducting the initial com- (B) Results in data that meet quality
prehensive performance test. assurance objectives (determined on a
(ii) You may use dioxin/furan emis- site-specific basis) such that the re-
sions data from previous testing to sults demonstrate compliance with the
meet this requirement, provided that: applicable standards;
(A) The testing was conducted under (C) Was in conformance with the re-
feed and operating conditions that are quirements of paragraph (g)(1) of this
most likely to reflect daily maximum section; and
operating variability, similar to a (D) Was sufficient to establish the ap-
dioxin/furan compliance test; plicable operating parameter limits
(B) You have not changed the design under § 63.1209.
or operation of the source in a manner
(ii) You must submit data in lieu of
that could significantly affect stack
the initial comprehensive performance
gas dioxin/furan emission concentra-
test in lieu of (i.e., if the data are in
tions; and
lieu of all performance testing) or with
(C) The data meet quality assurance
the notification of performance test re-
objectives that may be determined on a
quired under paragraph (e) of this sec-
site-specific basis.
tion.
(iii) You may use dioxin/furan emis-
sions data from a source to represent (iii) The data in lieu test age restric-
emissions from another on-site source tion provided in paragraph (c)(2)(i)(A)
in lieu of testing (i.e., data in lieu of of this section does not apply for the
testing) if the design and operation, in- duration of the interim standards (i.e.,
cluding hazardous waste feed and other the standards published in the FEDERAL
feedstreams, of the sources are iden- REGISTER on February 13, 2002, 67 FR
tical. 6792). See 40 CFR parts 63, 264, 265, 266,
(iv) You must include the results of 270, and 271 revised as of July 1, 2002.
the one-time dioxin/furan emissions Paragraph (c)(2)(i)(A) of this section
test with the results of the initial com- does not apply until EPA promulgates
prehensive performance test in the No- permanent replacement standards pur-
tification of Compliance. suant to the Settlement Agreement no-
(v) You must repeat the dioxin/furan ticed in the FEDERAL REGISTER on No-
emissions test if you change the design vember 16, 2001 (66 FR 57715).
or operation of the source in a manner (iv) The data in lieu test age restric-
that may increase dioxin/furan emis- tion provided in paragraph (c)(2)(i)(A)
sions. of this section does not apply to DRE
(vi) Sources that are required to per- data provided you do not feed haz-
form the one-time dioxin/furan test ardous waste at a location in the com-
pursuant to paragraph (b)(3) of this sec- bustion system other than the normal
tion are not required to perform con- flame zone.
firmatory performance tests. (3) For incinerators, cement kilns,
(c) Initial comprehensive performance and lightweight aggregate kilns, you
test—(1) Test date. Except as provided must commence the initial comprehen-
by paragraphs (c)(2) and (c)(3) of this sive performance test to demonstrate
section, you must commence the ini- compliance with the standards under
tial comprehensive performance test §§ 63.1219, 63.1220, and 63.1221 not later
not later than six months after the than 12 months after the compliance
compliance date. date.
(2) Data in lieu of the initial com- (d) Frequency of testing. Except as
prehensive performance test. (i) You may otherwise specified in paragraph (d)(4)
request that previous emissions test of this section, you must conduct test-
data serve as documentation of con- ing periodically as prescribed in para-
formance with the emission standards graphs (d)(1) through (d)(3) of this sec-
of this subpart provided that the pre- tion. The date of commencement of the
vious testing: initial comprehensive performance test
41
§ 63.1207 40 CFR Ch. I (7–1–16 Edition)
is the basis for establishing the dead- prevent you from meeting the 60-day
line to commence the initial confirm- deadline.
atory performance test and the next (4) Applicable testing requirements
comprehensive performance test. You under the interim standards—(i) Waiver
may conduct performance testing at of periodic comprehensive performance
any time prior to the required date. tests. Except as provided by paragraph
The deadline for commencing subse- (c)(2) of this section, you must conduct
quent confirmatory and comprehensive only an initial comprehensive perform-
performance testing is based on the ance test under the interim standards
date of commencement of the previous (§§ 63.1203 through 63.1205); all subse-
comprehensive performance test. Un- quent comprehensive performance test-
less the Administrator grants a time ing requirements are waived under the
extension under paragraph (i) of this interim standards. The provisions in
section, you must conduct testing as the introductory text to paragraph (d)
follows: and in paragraph (d)(1) of this section
(1) Comprehensive performance testing. apply only to tests used to dem-
Except as otherwise specified in para- onstrate compliance with the stand-
graph (d)(4) of this section, you must ards under §§ 63.1219 through 63.1221.
commence testing no later than 61 (ii) Waiver of confirmatory performance
months after the date of commencing tests. You are not required to conduct a
the previous comprehensive perform- confirmatory test under the interim
ance test used to show compliance with standards (§§ 63.1203 through 63.1205).
§ 63.1216, § 63.1217, § 63.1218, § 63.1219, The confirmatory testing requirements
§ 63.1220, or § 63.1221. If you submit data in the introductory text to paragraph
in lieu of the initial performance test, (d) and in paragraph (d)(2) of this sec-
you must commence the subsequent tion apply only after you have dem-
comprehensive performance test within onstrated compliance with the stand-
61 months of commencing the test used ards under §§ 63.1219 through 63.1221.
to provide the data in lieu of the initial (e) Notification of performance test and
performance test. CMS performance evaluation, and ap-
(2) Confirmatory performance testing. proval of test plan and CMS performance
Except as otherwise specified in para- evaluation plan. (1) The provisions of
graph (d)(4) of this section, you must § 63.7(b) and (c) and § 63.8(e) apply, ex-
commence confirmatory performance cept:
testing no later than 31 months after (i) Comprehensive performance test.
the date of commencing the previous You must submit to the Administrator
comprehensive performance test used a notification of your intention to con-
to show compliance with § 63.1217, duct a comprehensive performance test
§ 63.1219, § 63.1220, or § 63.1221. If you sub- and CMS performance evaluation and a
mit data in lieu of the initial perform- site-specific test plan and CMS per-
ance test, you must commence the ini- formance evaluation test plan at least
tial confirmatory performance test one year before the performance test
within 31 months of the date six and performance evaluation are sched-
months after the compliance date. To uled to begin.
ensure that the confirmatory test is (A) The Administrator will notify
conducted approximately midway be- you of approval or intent to deny ap-
tween comprehensive performance proval of the site-specific test plan and
tests, the Administrator will not ap- CMS performance evaluation test plan
prove a test plan that schedules testing within 9 months after receipt of the
within 18 months of commencing the original plan.
previous comprehensive performance (B) You must submit to the Adminis-
test. trator a notification of your intention
(3) Duration of testing. You must com- to conduct the comprehensive perform-
plete performance testing within 60 ance test at least 60 calendar days be-
days after the date of commencement, fore the test is scheduled to begin.
unless the Administrator determines (ii) Confirmatory performance test. You
that a time extension is warranted must submit to the Administrator a

based on your documentation in writ- notification of your intention to con-
ing of factors beyond your control that duct a confirmatory performance test
42
and CMS performance evaluation and a (i) Qualifications for the waiver. (A)
site-specific test plan and CMS per- You may not petition the Adminis-
formance evaluation test plan at least trator for a waiver under this section if
60 calendar days before the perform- the Administrator has issued a notifi-
ance test is scheduled to begin. The Ad- cation of intent to deny your test
ministrator will notify you of approval plan(s) under § 63.7(c)(3)(i)(B);
or intent to deny approval of the site- (B) You must submit a site-specific
specific test plan and CMS performance emissions testing plan and a contin-
evaluation test plan within 30 calendar uous monitoring system performance
days after receipt of the original test evaluation test plan at least one year
plans. before a comprehensive performance
(2) You must make your site-specific test is scheduled to begin as required
test plan and CMS performance evalua- by paragraph (c)(1) of this section, or
tion test plan available to the public at least 60 days before a confirmatory
for review no later than 60 calendar performance test is scheduled to begin
days before initiation of the test. You as required by paragraph (d) of this sec-
must issue a public notice to all per- tion. The test plans must include all
sons on your facility/public mailing list required documentation, including the
(developed pursuant to 40 CFR 70.7(h), substantive content requirements of
71.11(d)(3)(i)(E) and 124.10(c)(1)(ix)) an- paragraph (f) of this section and
nouncing the availability of the test § 63.8(e); and
plans and the location where the test (C) You must make a good faith ef-
plans are available for review. The test fort to accommodate the Administra-
plans must be accessible to the public tor’s comments on the test plans.
for 60 calendar days, beginning on the (ii) Procedures for obtaining a waiver
date that you issue your public notice. and duration of the waiver. (A) You
The location must be unrestricted and must submit to the Administrator a
provide access to the public during rea- waiver petition or request to renew the
sonable hours and provide a means for petition under § 63.7(h) separately for
the public to obtain copies. The notifi- each source at least 60 days prior to
cation must include the following in- the scheduled date of the performance
formation at a minimum: test;
(B) The Administrator will approve
(i) The name and telephone number
or deny the petition within 30 days of
of the source’s contact person;
receipt and notify you promptly of the
(ii) The name and telephone number decision;
of the regulatory agency’s contact per- (C) The Administrator will not ap-
son; prove an individual waiver petition for
(iii) The location where the test a duration exceeding 6 months;
plans and any necessary supporting (D) The Administrator will include a
documentation can be reviewed and sunset provision in the waiver ending
copied; the waiver within 6 months;
(iv) The time period for which the (E) You may submit a revised peti-
test plans will be available for public tion to renew the waiver under
review; and § 63.7(h)(3)(iii) at least 60 days prior to
(v) An expected time period for com- the end date of the most recently ap-
mencement and completion of the per- proved waiver petition;
formance test and CMS performance (F) The Administrator may approve a
evaluation test. revised petition for a total waiver pe-
(3) Petitions for time extension if Ad- riod up to 12 months.
ministrator fails to approve or deny test (iii) Content of the waiver. (A) You
plans. You may petition the Adminis- must provide documentation to enable
trator under § 63.7(h) to obtain a the Administrator to determine that
‘‘waiver’’ of any performance test—ini- the source is meeting the relevant
tial or periodic performance test; com- standard(s) on a continuous basis as re-
prehensive or confirmatory test. The quired by § 63.7(h)(2). For extension re-
‘‘waiver’’ would be implemented as an quests for the initial comprehensive

extension of time to conduct the per- performance test, you must submit
formance test at a later date. your Documentation of Compliance to
43
§ 63.1207 40 CFR Ch. I (7–1–16 Edition)
assist the Administrator in making lutants that would reasonably not be

this determination. expected to be found in the feedstream.
(B) You must include in the petition You must identify any constituents
information justifying your request for you exclude from analysis and explain
a waiver, such as the technical or eco- the basis for excluding them. You must
nomic infeasibility, or the imprac- conduct the feedstream analysis ac-
ticality, of the affected source per- cording to § 63.1208(b)(8);
forming the required test, as required (B) An approximate quantification of
by § 63.7(h)(3)(iii). such identified organic hazardous air
(iv) Public notice. At the same time pollutants in the hazardous waste
that you submit your petition to the feedstreams, within the precision pro-
Administrator, you must notify the duced by analytical procedures of
public (e.g., distribute a notice to the § 63.1208(b)(8); and
facility/public mailing list developed (C) A description of blending proce-
pursuant to 40 CFR 70.7(h), dures, if applicable, prior to firing the
71.11(d)(3)(i)(E) and 124.10(c)(1)(ix)) of
hazardous waste feedstream, including
your petition to waive a performance
a detailed analysis of the materials
test. The notification must include all
prior to blending, and blending ratios.
of the following information at a min-
imum: (D) The Administrator may approve
(A) The name and telephone number on a case-by-case basis a hazardous
of the source’s contact person; waste feedstream analysis for organic
(B) The name and telephone number hazardous air pollutants in lieu of the
of the regulatory agency’s contact per- analysis required under paragraph
son; (f)(1)(ii)(A) of this section if the re-
(C) The date the source submitted its duced analysis is sufficient to ensure
site-specific performance test plan and that the POHCs used to demonstrate
CMS performance evaluation test compliance with the applicable DRE
plans; and standards of this subpart continue to
(D) The length of time requested for be representative of the most difficult
the waiver. to destroy organic compounds in your
(f) Content of performance test plan. hazardous waste feedstreams;
The provisions of §§ 63.7(c)(2)(i)–(iii) and (iii) A detailed engineering descrip-
(v) regarding the content of the test tion of the hazardous waste combustor,
plan apply. In addition, you must in- including:
clude the following information in the (A) Manufacturer’s name and model
test plan: number of the hazardous waste com-
(1) Content of comprehensive perform- bustor;
ance test plan. (i) An analysis of each (B) Type of hazardous waste com-
feedstream, including hazardous waste, bustor;
other fuels, and industrial furnace feed- (C) Maximum design capacity in ap-
stocks, as fired, that includes: propriate units;
(A) Heating value, levels of ash (for (D) Description of the feed system for
hazardous waste incinerators only),
each feedstream;
levels of semivolatile metals, low vola-
(E) Capacity of each feed system;
tile metals, mercury, and total chlo-
rine (organic and inorganic); and (F) Description of automatic haz-
(B) Viscosity or description of the ardous waste feed cutoff system(s);
physical form of the feedstream; (G) Description of the design, oper-
(ii) For organic hazardous air pollut- ation, and maintenance practices for
ants established by 42 U.S.C. 7412(b)(1), any air pollution control system; and
excluding caprolactam (CAS number (H) Description of the design, oper-
105602) as provided by § 63.60: ation, and maintenance practices of
(A) Except as provided by paragraph any stack gas monitoring and pollution
(f)(1)(ii)(D) of this section, an identi- control monitoring systems;
fication of such organic hazardous air (iv) A detailed description of sam-
pollutants that are present in each haz- pling and monitoring procedures in-
ardous waste feedstream. You need not cluding sampling and monitoring loca-
analyze for organic hazardous air pol- tions in the system, the equipment to
44
be used, sampling and monitoring fre- achieved steady-state operations under

quency, and planned analytical proce- performance test operating conditions,
dures for sample analysis; as provided by paragraph (g)(1)(iii) of
(v) A detailed test schedule for each this section;
hazardous waste for which the perform- (xiii) For cement kilns with in-line
ance test is planned, including date(s), raw mills, if you elect to use the emis-
duration, quantity of hazardous waste sions averaging provision of this sub-
to be burned, and other relevant fac- part, you must notify the Adminis-
tors; trator of your intent in the initial (and
(vi) A detailed test protocol, includ- subsequent) comprehensive perform-
ing, for each hazardous waste identi- ance test plan, and provide the infor-
fied, the ranges of hazardous waste mation required by the emission aver-
feedrate for each feed system, and, as aging provision;
appropriate, the feedrates of other (xiv) For preheater or preheater/
fuels and feedstocks, and any other rel- precalciner cement kilns with dual
evant parameters that may affect the stacks, if you elect to use the emis-
ability of the hazardous waste com- sions averaging provision of this sub-
bustor to meet the emission standards; part, you must notify the Adminis-
(vii) A description of, and planned op- trator of your intent in the initial (and
erating conditions for, any emission subsequent) comprehensive perform-
control equipment that will be used; ance test plan, and provide the infor-
(viii) Procedures for rapidly stopping mation required by the emission aver-
the hazardous waste feed and control- aging provision;
ling emissions in the event of an equip- (xv) If you request to use Method 23
ment malfunction; for dioxin/furan you must provide the
(ix) A determination of the hazardous information required under
waste residence time as required by § 63.1208(b)(1)(i)(B);
§ 63.1206(b)(11); (xvi) If you are not required to con-
(x) If you are requesting to extrapo- duct performance testing to document
late metal feedrate limits from com- compliance with the mercury,
prehensive performance test levels semivolatile metals, low volatile met-
under §§ 63.1209(l)(1)(v) or als, or hydrogen chloride/chlorine gas
63.1209(n)(2)(vii): emission standards under paragraph
(A) A description of the extrapolation (m) of this section, you must include
methodology and rationale for how the with the comprehensive performance
approach ensures compliance with the test plan documentation of compliance
emission standards; with the provisions of that section.
(B) Documentation of the historical (xvii) If you propose to use a surro-
range of normal (i.e., other than during gate for measuring or monitoring gas
compliance testing) metals feedrates flowrate, you must document in the
for each feedstream; comprehensive performance test plan
(C) Documentation that the level of that the surrogate adequately cor-
spiking recommended during the per- relates with gas flowrate, as required
formance test will mask sampling and by paragraph (m)(7) of this section, and
analysis imprecision and inaccuracy to § 63.1209(j)(2), (k)(3), (m)(2)(i), (n)(5)(i),
the extent that the extrapolated and (o)(2)(i).
feedrate limits adequately assure com- (xviii) You must submit an applica-
pliance with the emission standards; tion to request alternative monitoring
(xi) If you do not continuously mon- under § 63.1209(g)(1) not later than with
itor regulated constituents in natural the comprehensive performance test
gas, process air feedstreams, and plan, as required by
feedstreams from vapor recovery sys- § 63.1209(g)(1)(iii)(A).
tems under § 63.1209(c)(5), you must in- (xix) You must document the tem-
clude documentation of the expected perature location measurement in the
levels of regulated constituents in comprehensive performance test plan,
those feedstreams; as required by §§ 63.1209(j)(1)(i) and
(xii) Documentation justifying the 63.1209(k)(2)(i).

duration of system conditioning re- (xx) If your source is equipped with
quired to ensure the combustor has activated carbon injection, you must
45
§ 63.1207 40 CFR Ch. I (7–1–16 Edition)
document in the comprehensive per- (B) Support for the use of manufac-
formance test plan: turer specifications if you recommend
(A) The manufacturer specifications such specifications in lieu of basing op-
for minimum carrier fluid flowrate or erating limits on performance test op-
pressure drop, as required by erating levels, as required by
§ 63.1209(k)(6)(ii); and § 63.1209(m)(1)(iv)(D).
(B) Key parameters that affect car- (xxv) If your source is equipped with
bon adsorption, and the operating lim- a dry scrubber to control hydrogen
its you establish for those parameters chloride and chlorine gas, you must
based on the carbon used during the document in the comprehensive per-
performance test, if you elect not to formance test plan key parameters
specify and use the brand and type of that affect adsorption, and the limits
carbon used during the comprehensive you establish for those parameters
performance test, as required by based on the sorbent used during the
§ 63.1209(k)(6)(iii). performance test, if you elect not to
(xxi) If your source is equipped with specify and use the brand and type of
a carbon bed system, and you elect not sorbent used during the comprehensive
to specify and use the brand and type performance test, as required by
of carbon used during the comprehen- § 63.1209(o)(4)(iii)(A); and
sive performance test, you must in- (xxvi) For purposes of calculating
clude in the comprehensive perform- semivolatile metal, low volatile metal,
ance test plan key parameters that af- mercury, and total chlorine (organic
fect carbon adsorption, and the oper- and inorganic), and ash feedrate limits,
ating limits you establish for those pa- a description of how you will handle
rameters based on the carbon used dur- performance test feedstream analytical
ing the performance test, as required results that determines these constitu-
by § 63.1209(k)(7)(ii). ents are not present at detectable lev-
(xxii) If you feed a dioxin/furan inhib- els.
itor into the combustion system, you (xxvii) Such other information as the
must document in the comprehensive Administrator reasonably finds nec-
performance test plan key parameters essary to determine whether to ap-
that affect the effectiveness of the in- prove the performance test plan.
hibitor, and the operating limits you (2) Content of confirmatory test plan.
establish for those parameters based on (i) A description of your normal hydro-
the inhibitor fed during the perform- carbon or carbon monoxide operating
ance test, if you elect not to specify levels, as specified in paragraph
and use the brand and type of inhibitor (g)(2)(i) of this section, and an expla-
used during the comprehensive per- nation of how these normal levels were
formance test, as required by determined;
§ 63.1209(k)(9)(ii). (ii) A description of your normal ap-
(xxiii) If your source is equipped with plicable operating parameter levels, as
a wet scrubber and you elect to mon- specified in paragraph (g)(2)(ii) of this
itor solids content of the scrubber liq- section, and an explanation of how
uid manually but believe that hourly these normal levels were determined;
monitoring of solids content is not (iii) A description of your normal
warranted, you must support an alter- chlorine operating levels, as specified
native monitoring frequency in the in paragraph (g)(2)(iii) of this section,
comprehensive performance test plan, and an explanation of how these nor-
as required by § 63.1209(m)(1)(i)(B)(1)(i). mal levels were determined;
(xxiv) If your source is equipped with (iv) If you use carbon injection or a
a particulate matter control device carbon bed, a description of your nor-
other than a wet scrubber, baghouse, or mal cleaning cycle of the particulate
electrostatic precipitator, you must in- matter control device, as specified in
clude in the comprehensive perform- paragraph (g)(2)(iv) of this section, and
ance test plan: an explanation of how these normal
(A) Documentation to support the op- levels were determined;
erating parameter limits you establish (v) A detailed description of sampling

for the control device, as required by and monitoring procedures including
§ 63.1209(m)(1)(iv)(A)(4); and sampling and monitoring locations in
46
the system, the equipment to be used, carbon injection or a carbon bed is

sampling and monitoring frequency, used; and
and planned analytical procedures for (C) Cleaning cycle of the particulate
sample analysis; matter control device. You must conduct
(vi) A detailed test schedule for each the following tests when the particu-
hazardous waste for which the perform- late matter control device undergoes
ance test is planned, including date(s), its normal (or more frequent) cleaning
duration, quantity of hazardous waste cycle: The particulate matter,
to be burned, and other relevant fac- semivolatile metal, and low volatile
tors; metal performance tests; and the
(vii) A detailed test protocol, includ- dioxin/furan and mercury performance
ing, for each hazardous waste identi- tests if activated carbon injection or a
fied, the ranges of hazardous waste carbon bed is used.
feedrate for each feed system, and, as (ii) Modes of operation. Given that you
appropriate, the feedrates of other must establish limits for the applicable
fuels and feedstocks, and any other rel- operating parameters specified in
evant parameters that may affect the § 63.1209 based on operations during the
ability of the hazardous waste com- comprehensive performance test, you
bustor to meet the dioxin/furan emis- may conduct testing under two or more
sion standard; operating modes to provide operating
(viii) A description of, and planned flexibility.
operating conditions for, any emission (iii) Steady-state conditions. (A) Prior
control equipment that will be used; to obtaining performance test data,
(ix) Procedures for rapidly stopping you must operate under performance
the hazardous waste feed and control- test conditions until you reach steady-
ling emissions in the event of an equip- state operations with respect to emis-
ment malfunction; and sions of pollutants you must measure
(x) Such other information as the Ad- during the performance test and oper-
ministrator reasonably finds necessary ating parameters under § 63.1209 for
to determine whether to approve the which you must establish limits. Dur-
confirmatory test plan. ing system conditioning, you must en-
(g) Operating conditions during testing. sure that each operating parameter for
You must comply with the provisions which you must establish a limit is
of § 63.7(e). Conducting performance held at the level planned for the per-
testing under operating conditions rep- formance test. You must include docu-
resentative of the extreme range of mentation in the performance test plan
normal conditions is consistent with under paragraph (f) of this section jus-
the requirement of § 63.7(e)(1) to con- tifying the duration of system condi-
duct performance testing under rep- tioning.
resentative operating conditions. (B) If you own or operate a hazardous
(1) Comprehensive performance test- waste cement kiln that recycles col-
ing—(i) Operations during testing. For lected particulate matter (i.e., cement
the following parameters, you must op- kiln dust) into the kiln, you must sam-
erate the combustor during the per- ple and analyze the recycled particu-
formance test under normal conditions late matter prior to obtaining perform-
(or conditions that will result in higher ance test data for levels of selected
than normal emissions): metals that must be measured during
(A) Chlorine feedrate. You must feed performance testing to document that
normal (or higher) levels of chlorine the system has reached steady-state
during the dioxin/furan performance conditions (i.e., that metals levels have
test; stabilized). You must document the ra-
(B) Ash feedrate. For hazardous waste tionale for selecting metals that are in-
incinerators, you must conduct the fol- dicative of system equilibrium and in-
lowing tests when feeding normal (or clude the information in the perform-
higher) levels of ash: The semivolatile ance test plan under paragraph (f) of
metal and low volatile metal perform- this section. To determine system equi-
ance tests; and the dioxin/furan and librium, you must sample and analyze
mercury performance tests if activated the recycled particulate matter hourly
47
§ 63.1207 40 CFR Ch. I (7–1–16 Edition)
for each selected metal, unless you sub- sider test conditions outside of the
mit in the performance test plan a jus- range specified in the test plan based
tification for reduced sampling and on a finding that you could not reason-
analysis and the Administrator ap- ably maintain the range specified in
proves in writing a reduced sampling the test plan and considering factors
and analysis frequency. including whether the time duration
(2) Confirmatory performance testing. and level of the parameter when oper-
You must conduct confirmatory per- ations were out of the specified range
formance testing for dioxin/furan under were such that operations during the
normal operating conditions for the confirmatory test are determined to be
following parameters: reasonably representative of normal
(i) Carbon monoxide (or hydrocarbon) operations. In addition, the Adminis-
CEMS emissions levels must be within trator will consider the proximity of
the range of the average value to the the emission test results to the stand-
maximum value allowed, except as pro- ard.
vided by paragraph (g)(2)(v) of this sec- (h) Operating conditions during subse-
tion. The average value is defined as quent testing. (1) Current operating pa-
the sum of the hourly rolling average rameter limits established under
values recorded (each minute) over the § 63.1209 are waived during subsequent
previous 12 months, divided by the comprehensive performance testing.
number of rolling averages recorded (2) Current operating parameter lim-
during that time. The average value its are also waived during pretesting
must not include calibration data, prior to comprehensive performance
startup data, shutdown data, malfunc- testing for an aggregate time not to ex-
tion data, and data obtained when not ceed 720 hours of operation (renewable
burning hazardous waste; at the discretion of the Administrator)
(ii) Each operating limit (specified in under an approved test plan or if the
§ 63.1209) established to maintain com-
source records the results of the pre-
pliance with the dioxin/furan emission
testing. Pretesting means:
standard must be held within the range
(i) Operations when stack emissions
of the average value over the previous
12 months and the maximum or min- testing for dioxin/furan, mercury,
imum, as appropriate, that is allowed, semivolatile metals, low volatile met-
except as provided by paragraph als, particulate matter, or hydrogen
(g)(2)(v) of this section. The average chloride/chlorine gas is being per-
value is defined as the sum of the roll- formed; and
ing average values recorded over the (ii) Operations to reach steady-state
previous 12 months, divided by the operating conditions prior to stack
number of rolling averages recorded emissions testing under paragraph
during that time. The average value (g)(1)(iii) of this section.
must not include calibration data, (i) Time extension for subsequent per-
startup data, shutdown data, malfunc- formance tests. After the initial com-
tion data, and data obtained when not prehensive performance test, you may
burning hazardous waste; request up to a one-year time exten-
(iii) You must feed chlorine at nor- sion for conducting a comprehensive or
mal feedrates or greater; and confirmatory performance test to con-
(iv) If the combustor is equipped with solidate performance testing with
carbon injection or carbon bed, normal other state or federally required emis-
cleaning cycle of the particulate mat- sion testing, or for other reasons
ter control device. deemed acceptable by the Adminis-
(v) The Administrator may approve trator. If the Administrator grants a
an alternative range to that required time extension for a comprehensive
by paragraphs (g)(2)(i) and (ii) of this performance test, the deadlines for
section if you document in the con- commencing the next comprehensive
firmatory performance test plan that it and confirmatory tests are based on
may be problematic to maintain the the date that the subject comprehen-
required range during the test. In addi- sive performance test commences.
tion, when making the finding of com- (1) You must submit in writing to the
pliance, the Administrator may con- Administrator any request under this
48
paragraph for a time extension for con- endar days after the presentation of ad-
ducting a performance test. ditional information or argument (if
(2) You must include in the request the application is complete), or within
for an extension for conducting a per- 30 calendar days after the final date
formance test the following: specified for the presentation if no
(i) A description of the reasons for re- presentation is made.
questing the time extension; (j) Notification of compliance—(1) Com-
(ii) The date by which you will comprehensive performance test. (i) Except as
mence performance testing. provided by paragraphs (j)(4) and (j)(5)
(3) The Administrator will notify you of this section, within 90 days of com-
in writing of approval or intention to pletion of a comprehensive perform-
deny approval of your request for an ance test, you must postmark a Notifi-
extension for conducting a perform- cation of Compliance documenting
ance test within 30 calendar days after compliance with the emission stand-
receipt of sufficient information to ards and continuous monitoring sys-
evaluate your request. The 30-day ap- tem requirements, and identifying op-
proval or denial period will begin after erating parameter limits under
you have been notified in writing that § 63.1209.
your application is complete. The Ad- (ii) Upon postmark of the Notifica-
ministrator will notify you in writing tion of Compliance, you must comply
whether the application contains suffi- with all operating requirements speci-
cient information to make a deter- fied in the Notification of Compliance
mination within 30 calendar days after in lieu of the limits specified in the
receipt of the original application and Documentation of Compliance required
within 30 calendar days after receipt of under § 63.1211(c).
any supplementary information that (2) Confirmatory performance test. Ex-
you submit. cept as provided by paragraph (j)(4) of
(4) When notifying you that your ap- this section, within 90 days of comple-
plication is not complete, the Adminis- tion of a confirmatory performance
trator will specify the information test, you must postmark a Notification
needed to complete the application. of Compliance documenting compli-
The Administrator will also provide ance or noncompliance with the appli-
notice of opportunity for you to cable dioxin/furan emission standard.
present, in writing, within 30 calendar (3) See §§ 63.7(g), 63.9(h), and 63.1210(d)
days after notification of the incom- for additional requirements pertaining
plete application, additional informa- to the Notification of Compliance (e.g.,
tion or arguments to the Adminis- you must include results of perform-
trator to enable further action on the ance tests in the Notification of Com-
application. pliance).
(5) Before denying any request for an (4) Time extension. You may submit a
extension for performance testing, the written request to the Administrator
Administrator will notify you in writ- for a time extension documenting that,
ing of the Administrator’s intention to for reasons beyond your control, you
issue the denial, together with: may not be able to meet the 90-day
(i) Notice of the information and deadline for submitting the Notifica-
findings on which the intended denial tion of Compliance after completion of
is based; and testing. The Administrator will deter-
(ii) Notice of opportunity for you to mine whether a time extension is war-
present in writing, within 15 calendar ranted.
days after notification of the intended (5) Early compliance. If you conduct
denial, additional information or argu- the initial comprehensive performance
ments to the Administrator before fur- test prior to the compliance date, you
ther action on the request. must postmark the Notification of
(6) The Administrator’s final deter- Compliance within 90 days of comple-
mination to deny any request for an tion of the performance test or by the
extension will be in writing and will compliance date, whichever is later.
set forth specific grounds upon which (k) Failure to submit a timely notifica-
the denial is based. The final deter- tion of compliance. (1) If you fail to post-
mination will be made within 30 cal- mark a Notification of Compliance by
49
§ 63.1207 40 CFR Ch. I (7–1–16 Edition)
the specified date, you must cease haz- ples, or results of CMS performance
ardous waste burning immediately. evaluations) that you have failed the
(2) Prior to submitting a revised No- dioxin/furan emission standard during
tification of Compliance as provided by a confirmatory performance test, you
paragraph (k)(3) of this section, you must cease burning hazardous waste
may burn hazardous waste only for the immediately. You must make this de-
purpose of pretesting or comprehensive termination within 90 days following
performance testing and only for a completion of the performance test. To
maximum of 720 hours (renewable at burn hazardous waste in the future:
the discretion of the Administrator). (i) You must submit to the Adminis-
(3) You must submit to the Adminis- trator for review and approval a test
trator a Notification of Compliance plan to conduct a comprehensive per-
subsequent to a new comprehensive formance test to identify revised limits
performance test before resuming haz- on the applicable dioxin/furan oper-
ardous waste burning. ating parameters specified in
(l) Failure of performance test—(1) § 63.1209(k);
Comprehensive performance test. The pro- (ii) You must submit to the Adminis-
visions of this paragraph do not apply trator a Notification of Compliance
to the initial comprehensive perform- with the dioxin/furan emission stand-
ance test if you conduct the test prior ard under the provisions of paragraphs
to your compliance date. (j) and (k) of this section and this para-
(i) If you determine (based on CEM graph (l). You must include in the No-
recordings, results of analyses of stack tification of Compliance the revised
samples, or results of CMS perform- limits on the applicable dioxin/furan
ance evaluations) that you have ex- operating parameters specified in
ceeded any emission standard during a § 63.1209(k); and
comprehensive performance test for a (iii) Until the Notification of Compli-
mode of operation, you must cease haz- ance is submitted, you must not burn
ardous waste burning immediately hazardous waste except for purposes of
under that mode of operation. You pretesting or confirmatory perform-
must make this determination within ance testing, and for a maximum of 720
90 days following completion of the hours (renewable at the discretion of
performance test. the Administrator), except as provided
(ii) If you have failed to demonstrate by paragraph (l)(3) of this section.
compliance with the emission stand- (3) You may petition the Adminis-
ards for any mode of operation: trator to obtain written approval to
(A) Prior to submitting a revised No- burn hazardous waste in the interim
tification of Compliance as provided by prior to submitting a Notification of
paragraph (l)(1)(ii)(C) of this section, Compliance for purposes other than
you may burn hazardous waste only for testing or pretesting. You must specify
the purpose of pretesting or com- operating requirements, including lim-
prehensive performance testing under its on operating parameters, that you
revised operating conditions, and only determine will ensure compliance with
for a maximum of 720 hours (renewable the emission standards of this subpart
at the discretion of the Administrator), based on available information includ-
except as provided by paragraph (l)(3) ing data from the failed performance
of this section; test. The Administrator will review,
(B) You must conduct a comprehen- modify as necessary, and approve if
sive performance test under revised op- warranted the interim operating re-
erating conditions following the requirements. An approval of interim op-
quirements for performance testing of erating requirements will include a
this section; and schedule for submitting a Notification
(C) You must submit to the Adminis- of Compliance.
trator a Notification of Compliance (m) Waiver of performance test. You
subsequent to the new comprehensive are not required to conduct perform-
performance test. ance tests to document compliance
(2) Confirmatory performance test. If with the mercury, semivolatile metals,

you determine (based on CEM record- low volatile metals, or hydrogen chlo-
ings, results of analyses of stack sam- ride/chlorine gas emission standards
50
under the conditions specified in para- below the applicable emission stand-
graphs (m)(1) or (m)(2) of this section. ard; and
The waiver provisions of this para- (B) Interlock the minimum gas
graph apply in addition to the provi- flowrate limit and maximum feedrate
sions of § 63.7(h). limit of paragraph (m)(1)(iii)(A) of this
(1) Emission standards based on exhaust section to the AWFCO system to stop
gas flow rate. (i) You are deemed to be hazardous waste burning when the gas
in compliance with an emission stand- flowrate or mercury, semivolatile met-
ard based on the volumetric flow rate als, low volatile metals, and/or total
of exhaust gas (i.e., μg/dscm or ppmv) if chlorine and chloride feedrate exceeds
the maximum theoretical emission the limits of paragraph (m)(1)(iii)(A) of
concentration (MTEC) does not exceed this section.
the emission standard over the rel- (2) Emission standards based on haz-
evant averaging period specified under ardous waste thermal concentration. (i)
§ 63.1209(l), (n), and (o) of this section You are deemed to be in compliance
for the standard: with an emission standard specified on
(A) Determine the feedrate of mer- a hazardous waste thermal concentra-
cury, semivolatile metals, low volatile tion basis (i.e., pounds emitted per mil-
metals, or total chlorine and chloride lion Btu of heat input) if the HAP ther-
from all feedstreams; mal concentration in the waste feed
(B) Determine the stack gas flowrate; does not exceed the allowable HAP
and thermal concentration emission rate.
(C) Calculate a MTEC for each stand- (ii) To document compliance with
ard assuming all mercury, semivolatile this provision, you must:
metals, low volatile metals, or total (A) Monitor and record the feedrate
chlorine (organic and inorganic) from of mercury, semivolatile metals, low
all feedstreams is emitted; volatile metals, and total chlorine and
(ii) To document compliance with chloride from all hazardous waste
this provision, you must: feedstreams in accordance with
(A) Monitor and record the feedrate § 63.1209(c);
of mercury, semivolatile metals, low (B) Determine and record the higher
volatile metals, and total chlorine and heating value of each hazardous waste
chloride from all feedstreams accord- feed;
ing to § 63.1209(c); (C) Continuously calculate and
(B) Monitor with a CMS and record in record the thermal feed rate of all haz-
the operating record the gas flowrate ardous waste feedstreams by summing
(either directly or by monitoring a sur- the products of each hazardous waste
rogate parameter that you have cor- feed rate multiplied by the higher
related to gas flowrate); heating value of that hazardous waste;
(C) Continuously calculate and (D) Continuously calculate and
record in the operating record the record the total HAP thermal feed con-
MTEC under the procedures of para- centration for each constituent by di-
graph (m)(1)(i) of this section; and viding the HAP feedrate determined in
(D) Interlock the MTEC calculated in paragraph (m)(2)(ii)(A) of this section
paragraph (m)(1)(i)(C) of this section to by the thermal feed rate determined in
the AWFCO system to stop hazardous paragraph (m)(2)(ii)(C) of this section
waste burning when the MTEC exceeds for all hazardous waste feedstreams;
the emission standard. (E) Interlock the HAP thermal feed
(iii) In lieu of the requirement in concentration for each constituent
paragraphs (m)(1)(ii)(C) and (D) of this with the AWFCO to stop hazardous
section, you may: waste feed when the thermal feed con-
(A) Identify in the Notification of centration exceeds the applicable ther-
Compliance a minimum gas flowrate mal emission standard.
limit and a maximum feedrate limit of (3) When you determine the feedrate
mercury, semivolatile metals, low of mercury, semivolatile metals, low
volatile metals, and/or total chlorine volatile metals, or total chlorine and
and chloride from all feedstreams that chloride for purposes of this provision,
ensures the MTEC as calculated in except as provided by paragraph (m)(4)
paragraph (m)(1)(i)(C) of this section is of this section, you must assume that
51
§ 63.1208 40 CFR Ch. I (7–1–16 Edition)
the analyte is present at the full detec- detected low levels of dioxin/furan in
tion limit when the feedstream anal- the front half of the sampling train.
ysis determines that the analyte in not (3) Sources that emit carbonaceous
detected in the feedstream. particulate matter, such as coal-fired
(4) Owners and operators of haz- boilers, and sources equipped with acti-
ardous waste burning cement kilns and vated carbon injection, will be deemed
lightweight aggregate kilns may as- not suitable for use of Method 23 unless
sume that mercury is present in raw you document that there would not be
material at half the detection limit a significant improvement in quality
when the raw material feedstream assurance with Method 0023A.
analysis determines that mercury is (ii) You must sample for a minimum
not detected. of three hours, and you must collect a
(5) You must state in the site-specific minimum sample volume of 2.5 dscm;
test plan that you submit for review (iii) You may assume that nondetects
and approval under paragraph (e) of are present at zero concentration.
this section that you intend to comply (2) Mercury. You must use Method 29,
with the provisions of this paragraph. provided in appendix A, part 60 of this
You must include in the test plan docu- chapter, to demonstrate compliance
mentation that any surrogate that is
with emission standard for mercury.
proposed for gas flowrate adequately
(3) Cadmium and lead. You must use
correlates with the gas flowrate.
Method 29, provided in appendix A, part
[64 FR 53038, Sept. 30, 1999, as amended at 65 60 of this chapter, to determine compli-
FR 42299, July 10, 2000; 65 FR 67271, Nov. 9, ance with the emission standard for
2000; 66 FR 35106, July 3, 2001; 66 FR 63318, cadmium and lead (combined).
Dec. 6, 2001; 67 FR 6814, Feb. 13, 2002; 67 FR
6990, Feb. 14, 2002; 67 FR 77691, Dec. 19, 2002; (4) Arsenic, beryllium, and chromium.
70 FR 59546, Oct. 12, 2005; 73 FR 18980, Apr. 8, You must use Method 29, provided in
2008; 73 FR 64096, Oct. 28, 2008] appendix A, part 60 of this chapter, to
determine compliance with the emis-
§ 63.1208 What are the test methods? sion standard for arsenic, beryllium,
(a) [Reserved] and chromium (combined).
(b) Test methods. You must use the (5) Hydrogen chloride and chlorine
following test methods to determine gas—(i) Compliance with MACT stand-
compliance with the emissions standards. To determine compliance with
ards of this subpart: the emission standard for hydrogen
(1) Dioxins and furans. (i) To deter- chloride and chlorine gas (combined),
mine compliance with the emission you must use:
standard for dioxins and furans, you (A) Method 26/26A as provided in ap-
must use: pendix A, part 60 of this chapter; or
(A) Method 0023A, Sampling Method (B) Methods 320 or 321 as provided in
for Polychlorinated Dibenzo-p-Dioxins appendix A, part 63 of this chapter, or
and Polychlorinated Dibenzofurans (C) ASTM D 6735–01, Standard Test
emissions from Stationary Sources, Method for Measurement of Gaseous
EPA Publication SW–846 (incorporated Chlorides and Fluorides from Mineral
by reference—see § 63.14); or Calcining Exhaust Sources—Impinger
(B) Method 23, provided in appendix Method to measure emissions of hydro-
A, part 60 of this chapter, after ap- gen chloride, and Method 26/26A to
proval by the Administrator. measure emissions of chlorine gas, pro-
(1) You may request approval to use vided that you follow the provisions in
Method 23 in the performance test plan paragraphs (b)(5)(C)(1) through (6) of
required under § 63.1207(e)(i) and (ii). this section. ASTM D 6735–01 is avail-
(2) In determining whether to grant able for purchase from at least one of
approval to use Method 23, the Admin- the following addresses: American So-
istrator may consider factors including ciety for Testing and Materials
whether dioxin/furan were detected at (ASTM), 100 Barr Harbor Drive, Post
levels substantially below the emission Office Box C700, West Conshohocken,
standard in previous testing, and PA 19428–2959; or ProQuest, 300 North
whether previous Method 0023 analyses Zeeb Road, Ann Arbor, MI 48106.
52
(1) A test must include three or more (2) You must calculate the test run
runs in which a pair of samples is ob- standard deviation of each set of paired
tained simultaneously for each run ac- samples to quantify data precision, ac-
cording to section 11.2.6 of ASTM cording to Equation 1 of this section:
Method D6735–01.
⎡ C1 − C2a ⎤
RSD a = (100 ) AbsoluteValue ⎢ a ⎥ (Eq. 1)
⎣ C1a + C2a ⎦
Where: Fluorides from Mineral Calcining Ex-

RSDa = The test run relative standard devi- haust Sources—Impinger Method (fol-
ation of sample pair a, percent. lowing the provisions of paragraphs
C1a and C2a = The HCl concentrations, milli- (b)(5)(C)(1) through (6) of this section),
gram/dry standard cubic meter (mg/ except:
dscm), from the paired samples.
(A) For cement kilns and sources
(3) You must calculate the test aver- equipped with a dry acid gas scrubber,
age relative standard deviation accord- you must use Methods 320 or 321 as pro-
ing to Equation 2 of this section: vided in appendix A, part 63 of this
chapter, or ASTM D 6735–01 to measure
p hydrogen chloride, and the back-half,
∑ RSD a caustic impingers of Method 26/26A as
RSDTA = a =1
( Eq. 2 ) provided in appendix A, part 60 of this
chapter to measure chlorine gas; and
p
(B) For incinerators, boilers, and
Where: lightweight aggregate kilns, you must
RSDTA = The test average relative standard use Methods 320 or 321 as provided in
deviation, percent. appendix A, part 63 of this chapter, or
RSDa = The test run relative standard devi- ASTM D 6735–01 to measure hydrogen
ation for sample pair a.
chloride, and Method 26/26A as provided
p = The number of test runs, ≥3.
in appendix A, part 60 of this chapter
(4) If RSDTA is greater than 20 per- to measure total chlorine, and cal-
cent, the data are invalid and the test culate chlorine gas by difference if:
must be repeated. (1) The bromine/chlorine ratio in
(5) The post-test analyte spike proce- feedstreams is greater than 5 percent;
dure of section 11.2.7 of ASTM Method or
D6735–01 is conducted, and the percent (2) The sulfur/chlorine ratio in
recovery is calculated according to sec- feedstreams is greater than 50 percent.
tion 12.6 of ASTM Method D6735–01. (6) Particulate matter. You must use
(6) If the percent recovery is between Methods 5 or 5I, provided in appendix
70 percent and 130 percent, inclusive, A, part 60 of this chapter, to dem-
the test is valid. If the percent recov- onstrate compliance with the emission
ery is outside of this range, the data standard for particulate matter.
are considered invalid, and the test (7) Other test methods. You may use
must be repeated. applicable test methods in EPA Publi-
(ii) Compliance with risk-based limits cation SW-846, as incorporated by ref-
under § 63.1215. To demonstrate compli- erence in paragraph (a) of this section,
ance with emission limits established as necessary to demonstrate compli-
under § 63.1215, you must use Method 26/ ance with requirements of this subpart,
26A as provided in appendix A, part 60 except as otherwise specified in para-
of this chapter, Method 320 as provided graphs (b)(2)–(b)(6) of this section.
in appendix A, part 63 of this chapter, (8) Feedstream analytical methods. You
Method 321 as provided in appendix A, may use any reliable analytical meth-
ER12OC05.002</MATH>
part 63 of this chapter, or ASTM D od to determine feedstream concentra-

6735–01, Standard Test Method for tions of metals, chlorine, and other
Measurement of Gaseous Chlorides and constituents. It is your responsibility
53
ER12OC05.001</MATH>
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
to ensure that the sampling and anal- (D) Compliance is based on a six-
ysis procedures are unbiased, precise, minute block average.
and that the results are representative (iii) You must install, calibrate,
of the feedstream. maintain, and operate a particulate
(9) Opacity. If you determine compli- matter CEMS to demonstrate and mon-
ance with the opacity standard under itor compliance with the particulate
the monitoring requirements of matter standards under this subpart.
§§ 63.1209(a)(1)(iv) and (a)(1)(v), you However, compliance with the require-
must use Method 9, provided in appen- ments in this section to install, cali-
dix A, part 60 of this chapter. brate, maintain and operate the PM
[64 FR 53038, Sept. 30, 1999, as amended at 69 CEMS is not required until such time
FR 18803, Apr. 9, 2004; 70 FR 34555, June 14, that the Agency promulgates all per-
2005; 70 FR 59547, Oct. 12, 2005] formance specifications and oper-
ational requirements applicable to PM
§ 63.1209 What are the monitoring re- CEMS.
quirements?
(iv) If you operate a cement kiln sub-
(a) Continuous emissions monitoring ject to the provisions of this subpart
systems (CEMS) and continuous opacity and use a fabric filter with multiple
monitoring systems (COMS). (1)(i) You stacks or an electrostatic precipitator
must use either a carbon monoxide or with multiple stacks, you may, in lieu
hydrocarbon CEMS to demonstrate and of installing the COMS required by
monitor compliance with the carbon paragraph (a)(1)(ii) of this section,
monoxide and hydrocarbon standard comply with the opacity standard in
under this subpart. You must also use accordance with the procedures of
an oxygen CEMS to continuously cor- Method 9 to part 60 of this chapter:
rect the carbon monoxide or hydro- (A) You must conduct the Method 9
carbon level to 7 percent oxygen.
test while the affected source is oper-
(ii) (A) Cement kilns under § 63.1204.
ating at the highest load or capacity
Except as provided by paragraphs
level reasonably expected to occur
(a)(1)(iv) and (a)(1)(v) of the section,
within the day;
you must use a COMS to demonstrate
and monitor compliance with the opac- (B) The duration of the Method 9 test
ity standard under §§ 63.1204(a)(7) and shall be at least 30 minutes each day;
(b)(7) at each point where emissions are (C) You must use the Method 9 proce-
vented from these affected sources in- dures to monitor and record the aver-
cluding the bypass stack of a preheater age opacity for each six-minute block
or preheater/precalciner kiln with dual period during the test; and
stacks. (D) To remain in compliance, all six-
(B) Cement kilns under § 63.1220. Ex- minute block averages must not exceed
cept as provided by paragraphs the opacity standard.
(a)(1)(iv) and (a)(1)(v) of the section and (v) If you operate a cement kiln sub-
unless your source is equipped with a ject to the provisions of this subpart
bag leak detection system under and use a particulate matter control
§ 63.1206(c)(8) or a particulate matter device that exhausts through a
detection system under § 63.1206(c)(9), monovent, or if the use of a COMS in
you must use a COMS to demonstrate accordance with the installation speci-
and monitor compliance with the opac- fication of Performance Specification 1
ity standard under §§ 63.1220(a)(7) and (PS–1) of appendix B to part 60 of this
(b)(7) at each point where emissions are chapter is not feasible, you may, in
vented from these affected sources in- lieu of installing the COMS required by
cluding the bypass stack of a preheater paragraph (a)(1)(ii) of this section,
or preheater/precalciner kiln with dual comply with the opacity standard in
stacks. accordance with the procedures of
(C) You must maintain and operate Method 9 to part 60 of this chapter:
each COMS in accordance with the re- (A) You must conduct the Method 9
quirements of § 63.8(c) except for the retest while the affected source is oper-
quirements under § 63.8(c)(3). The re- ating at the highest load or capacity
quirements of § 63.1211(c) shall be com- level reasonably expected to occur
plied with instead of § 63.8(c)(3); and within the day;
54
(B) The duration of the Method 9 test 500 ppmv value must be used for calcu-
shall be at least 30 minutes each day; lating the hourly rolling average HC
(C) You must use the Method 9 proce- level.
dures to monitor and record the aver- (ii) Hydrocarbon CEMS that use a
age opacity for each six-minute block span value of 500 ppmv when one-
period during the test; and minute hydrocarbon levels are equal to
(D) To remain in compliance, all six- or exceed 100 ppmv are not subject to
minute block averages must not exceed paragraph (a)(4)(i) of this section. Hy-
the opacity standard. drocarbon CEMS that use a span value
(2) Performance specifications. You of 500 ppmv are subject to the same
must install, calibrate, maintain, and CEMS performance and equipment
continuously operate the CEMS and specifications when operating in the
COMS in compliance with the quality range of 100 ppmv to 500 ppmv that are
assurance procedures provided in the provided by Performance Specification
appendix to this subpart and Perform- 8A for other hydrocarbon CEMS, ex-
ance Specifications 1 (opacity), 4B (car- cept:
bon monoxide and oxygen), and 8A (hy- (A) The zero and high-level calibra-
drocarbons) in appendix B, part 60 of tion gas must have a hydrocarbon level
this chapter. of between 0 and 100 ppmv, and between
(3) Carbon monoxide readings exceeding 250 and 450 ppmv, respectively;
the span. (i) Except as provided by
(B) The strip chart recorder, com-
paragraph (a)(3)(ii) of this section, if a
puter, or digital recorder must be capa-
carbon monoxide CEMS detects a re-
ble of recording all readings within the
sponse that results in a one-minute av-
CEM measurement range and must
erage at or above the 3,000 ppmv span
have a resolution of 2.5 ppmv;
level required by Performance Speci-
fication 4B in appendix B, part 60 of (C) The CEMS calibration must not
this chapter, the one-minute average differ by more than ±15 ppmv after each
must be recorded as 10,000 ppmv. The 24-hour period of the seven day test at
one-minute 10,000 ppmv value must be both zero and high levels;
used for calculating the hourly rolling (D) The calibration error must be no
average carbon monoxide level. greater than 25 ppmv; and
(ii) Carbon monoxide CEMS that use (E) The zero level, mid-level, and
a span value of 10,000 ppmv when one- high level calibration gas used to de-
minute carbon monoxide levels are termine calibration error must have a
equal to or exceed 3,000 ppmv are not hydrocarbon level of 0–200 ppmv, 150–
subject to paragraph (a)(3)(i) of this 200 ppmv, and 350–400 ppmv, respec-
section. Carbon monoxide CEMS that tively.
use a span value of 10,000 are subject to (5) Petitions to use CEMS for other
the same CEMS performance and standards. You may petition the Ad-
equipment specifications when oper- ministrator to use CEMS for compli-
ating in the range of 3,000 ppmv to ance monitoring for particulate mat-
10,000 ppmv that are provided by Per- ter, mercury, semivolatile metals, low
formance Specification 4B for other volatile metals, and hydrogen chloride
carbon monoxide CEMS, except: and chlorine gas under § 63.8(f) in lieu
(A) Calibration drift must be less of compliance with the corresponding
than 300 ppmv; and operating parameter limits under this
(B) Calibration error must be less section.
than 500 ppmv. (6) Calculation of rolling averages—(i)
(4) Hydrocarbon readings exceeding the Calculation of rolling averages initially.
span. (i) Except as provided by para- The carbon monoxide or hydrocarbon
graph (a)(4)(ii) of this section, if a hy- CEMS must begin recording one-
drocarbon CEMS detects a response minute average values by 12:01 a.m.
that results in a one-minute average at and hourly rolling average values by
or above the 100 ppmv span level re- 1:01 a.m., when 60 one-minute values
quired by Performance Specification will be available for calculating the
8A in appendix B, part 60 of this chap- initial hourly rolling average for those
ter, the one-minute average must be sources that come into compliance on
recorded as 500 ppmv. The one-minute the regulatory compliance date.
55
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
Sources that elect to come into com- (b) Other continuous monitoring sys-
pliance before the regulatory compli- tems (CMS). (1) You must use CMS (e.g.,
ance date must begin recording one- thermocouples, pressure transducers,
minute and hourly rolling average val- flow meters) to document compliance
ues within 60 seconds and 60 minutes with the applicable operating param-
(when 60 one-minute values will be eter limits under this section.
available for calculating the initial (2) Except as specified in paragraphs
hourly rolling average), respectively, (b)(2)(i) and (ii) of this section, you
from the time at which compliance be- must install and operate continuous
gins. monitoring systems other than CEMS
(ii) Calculation of rolling averages upon in conformance with § 63.8(c)(3) that re-
intermittent operations. You must ignore quires you, at a minimum, to comply
periods of time when one-minute val- with the manufacturer’s written speci-
ues are not available for calculating fications or recommendations for in-
the hourly rolling average. When one- stallation, operation, and calibration
minute values become available again, of the system:
the first one-minute value is added to (i) Calibration of thermocouples and
the previous 59 values to calculate the pyrometers. The calibration of
hourly rolling average. thermocouples must be verified at a
(iii) Calculation of rolling averages frequency and in a manner consistent
when the hazardous waste feed is cutoff. with manufacturer specifications, but
(A) Except as provided by paragraph no less frequent than once per year.
(a)(6)(iii)(B) of this section, you must You must operate and maintain optical
continue monitoring carbon monoxide pyrometers in accordance with manu-
and hydrocarbons when the hazardous facturer specifications unless other-
waste feed is cutoff if the source is op- wise approved by the Administrator.
erating. You must not resume feeding You must calibrate optical pyrometers
hazardous waste if the emission levels in accordance with the frequency and
exceed the standard. procedures recommended by the manu-
(B) You are not subject to the CEMS facturer, but no less frequent than once
requirements of this subpart during pe- per year, unless otherwise approved by
riods of time you meet the require- the Administrator. And,
ments of § 63.1206(b)(1)(ii) (compliance (ii) Accuracy and calibration of weight
with emissions standards for nonhaz- measurement devices for activated carbon
ardous waste burning sources when you injection systems. If you operate a car-
are not burning hazardous waste). bon injection system, the accuracy of
(7) Operating parameter limits for hy- the weight measurement device must
drocarbons. If you elect to comply with be ±1 percent of the weight being meas-
the carbon monoxide and hydrocarbon ured. The calibration of the device
emission standard by continuously must be verified at least once each cal-
monitoring carbon monoxide with a endar quarter at a frequency of ap-
CEMS, you must demonstrate that hy- proximately 120 days.
drocarbon emissions during the com- (3) CMS must sample the regulated
prehensive performance test do not ex- parameter without interruption, and
ceed the hydrocarbon emissions stand- evaluate the detector response at least
ard. In addition, the limits you estab- once each 15 seconds, and compute and
lish on the destruction and removal ef- record the average values at least
ficiency (DRE) operating parameters every 60 seconds.
required under paragraph (j) of this (4) The span of the non-CEMS CMS
section also ensure that you maintain detector must not be exceeded. You
compliance with the hydrocarbon emis- must interlock the span limits into the
sion standard. If you do not conduct automatic waste feed cutoff system re-
the hydrocarbon demonstration and quired by § 63.1206(c)(3).
DRE tests concurrently, you must es- (5) Calculation of rolling averages—(i)
tablish separate operating parameter Calculation of rolling averages initially.
limits under paragraph (j) of this sec- Continuous monitoring systems must
tion based on each test and the more begin recording one-minute average
restrictive of the operating parameter values by 12:01 a.m., hourly rolling av-
limits applies. erage values by 1:01 a.m. (e.g., when 60
56
one-minute values will be available for (i) The parameters for which you will
calculating the initial hourly rolling analyze each feedstream to ensure
average), and twelve-hour rolling aver- compliance with the operating param-
ages by 12:01 p.m. (e.g., when 720 one- eter limits of this section;
minute averages are available to cal- (ii) Whether you will obtain the anal-
culate a 12-hour rolling average), for ysis by performing sampling and anal-
those sources that come into compli- ysis or by other methods, such as using
ance on the regulatory compliance analytical information obtained from
date. Sources that elect to come into others or using other published or doc-
compliance before the regulatory com- umented data or information;
pliance date must begin recording one- (iii) How you will use the analysis to
minute, hourly rolling average, and 12- document compliance with applicable
hour rolling average values within 60 feedrate limits (e.g., if you blend haz-
seconds, 60 minutes (when 60 one- ardous wastes and obtain analyses of
minute values will be available for cal- the wastes prior to blending but not of
culating the initial hourly rolling aver- the blended, as-fired, waste, the plan
age), and 720 minutes (when 720 one- must describe how you will determine
minute values will be available for cal- the pertinent parameters of the blend-
culating the initial 12-hour hourly roll- ed waste);
ing average) respectively, from the (iv) The test methods which you will
time at which compliance begins. use to obtain the analyses;
(ii) Calculation of rolling averages upon (v) The sampling method which you
intermittent operations. You must ignore will use to obtain a representative
periods of time when one-minute val- sample of each feedstream to be ana-
ues are not available for calculating lyzed using sampling methods de-
rolling averages. When one-minute val- scribed in appendix IX, part 266 of this
ues become available again, the first chapter, or an equivalent method; and
one-minute value is added to the pre- (vi) The frequency with which you
vious one-minute values to calculate will review or repeat the initial anal-
rolling averages. ysis of the feedstream to ensure that
(iii) Calculation of rolling averages the analysis is accurate and up to date.
when the hazardous waste feed is cutoff. (3) Review and approval of analysis
(A) Except as provided by paragraph plan. You must submit the feedstream
(b)(5)(iii)(B) of this section, you must analysis plan to the Administrator for
continue monitoring operating param- review and approval, if requested.
eter limits with a CMS when the haz- (4) Compliance with feedrate limits. To
ardous waste feed is cutoff if the source comply with the applicable feedrate
is operating. You must not resume limits of this section, you must mon-
feeding hazardous waste if an operating itor and record feedrates as follows:
parameter exceeds its limit. (i) Determine and record the value of
(B) You are not subject to the CMS the parameter for each feedstream by
requirements of this subpart during pe- sampling and analysis or other method;
riods of time you meet the require- (ii) Determine and record the mass or
ments of § 63.1206(b)(1)(ii) (compliance volume flowrate of each feedstream by
with emissions standards for nonhaz- a CMS. If you determine flowrate of a
ardous waste burning sources when you feedstream by volume, you must deter-
are not burning hazardous waste). mine and record the density of the
(c) Analysis of feedstreams—(1) Gen- feedstream by sampling and analysis
eral. Prior to feeding the material, you (unless you report the constituent con-
must obtain an analysis of each centration in units of weight per unit
feedstream that is sufficient to docu- volume (e.g., mg/l)); and
ment compliance with the applicable (iii) Calculate and record the mass
feedrate limits provided by this sec- feedrate of the parameter per unit
tion. time.
(2) Feedstream analysis plan. You must (5) Waiver of monitoring of constituents
develop and implement a feedstream in certain feedstreams. You are not re-
analysis plan and record it in the oper- quired to monitor levels of metals or
ating record. The plan must specify at chlorine in the following feedstreams
a minimum: to document compliance with the
57
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
feedrate limits under this section pro- standards of this subpart. For requests
vided that you document in the com- to use additional CEMS, however, you
prehensive performance test plan the must use paragraph (a)(5) of this sec-
expected levels of the constituent in tion and § 63.8(f). Alternative requests
the feedstream and account for those to operating parameter monitoring re-
assumed feedrate levels in docu- quirements that include unproven
menting compliance with feedrate lim- monitoring methods may not be made
its: natural gas, process air, and under this paragraph and must be made
feedstreams from vapor recovery sys- under § 63.8(f).
tems. (ii) You may submit an application
(d) Performance evaluations. (1) The to waive an operating parameter limit
requirements of §§ 63.8(d) (Quality con- specified in this section based on docu-
trol program) and (e) (Performance mentation that neither that operating
evaluation of continuous monitoring parameter limit nor an alternative op-
systems) apply, except that you must erating parameter limit is needed to
conduct performance evaluations of ensure compliance with the emission
components of the CMS under the fre- standards of this subpart.
quency and procedures (for example, (iii) You must comply with the fol-
submittal of performance evaluation lowing procedures for applications sub-
test plan for review and approval) ap- mitted under paragraphs (g)(1)(i) and
plicable to performance tests as pro- (ii) of this section:
vided by § 63.1207. (A) Timing of the application. You
(2) You must comply with the quality must submit the application to the Ad-
assurance procedures for CEMS pre- ministrator not later than with the
scribed in the appendix to this subpart. comprehensive performance test plan.
(e) Conduct of monitoring. The provi- (B) Content of the application. You
sions of § 63.8(b) apply. must include in the application:
(f) Operation and maintenance of con- (1) Data or information justifying
tinuous monitoring systems. The provi- your request for an alternative moni-
sions of § 63.8(c) apply except: toring requirement (or for a waiver of
(1) Section 63.8(c)(3). The requirements an operating parameter limit), such as
of § 63.1211(c), that requires CMSs to be the technical or economic infeasibility
installed, calibrated, and operational or the impracticality of using the re-
on the compliance date, shall be com- quired approach;
plied with instead of section 63.8(c)(3); (2) A description of the proposed al-
(2) Section 63.8(c)(4)(ii). The perform- ternative monitoring requirement, in-
ance specifications for carbon mon- cluding the operating parameter to be
oxide, hydrocarbon, and oxygen CEMSs monitored, the monitoring approach/
in subpart B, part 60 of this chapter technique (e.g., type of detector, moni-
that requires detectors to measure the toring location), the averaging period
sample concentration at least once for the limit, and how the limit is to be
every 15 seconds for calculating an av- calculated; and
erage emission rate once every 60 sec- (3) Data or information documenting
onds shall be complied with instead of that the alternative monitoring re-
section 63.8(c)(4)(ii); and quirement would provide equivalent or
(3) Sections 63.8(c)(4)(i), (c)(5), and better assurance of compliance with
(c)(7)(i)(C) pertaining to COMS apply the relevant emission standard, or that
only to owners and operators of haz- it is the monitoring requirement that
ardous waste burning cement kilns. best assures compliance with the
(g) Alternative monitoring requirements standard and that is technically and
other than continuous emissions moni- economically practicable.
toring systems (CEMS)—(1) Requests to (C) Approval of request to use an alter-
use alternatives to operating parameter native monitoring requirement or waive
monitoring requirements. (i) You may an operating parameter limit. The Ad-
submit an application to the Adminis- ministrator will notify you of approval
trator under this paragraph for ap- or intention to deny approval of the re-
proval of alternative operating param- quest within 90 calendar days after re-
eter monitoring requirements to docu- ceipt of the original request and within
ment compliance with the emission 60 calendar days after receipt of any
58
supplementary information that you the feed concentration standard under

submit. The Administrator will not ap- §§ 63.1220(a)(2)(i) and (b)(2)(i) or the in-
prove an alternative monitoring re- terim standards based on documenta-
quest unless the alternative moni- tion that the feedrate operating param-
toring requirement provides equivalent eter limit is not needed to ensure com-
or better assurance of compliance with pliance with the relevant standard on a
the relevant emission standard, or is continuous basis.
the monitoring requirement that best (2) Administrator’s discretion to specify
assures compliance with the standard additional or alternative requirements.
and that is technically and economi- The Administrator may determine on a
cally practicable. Before disapproving case-by-case basis at any time (e.g.,
any request, the Administrator will no- during review of the comprehensive
tify you of the Administrator’s inten- performance test plan, during compli-
tion to disapprove the request together ance certification review) that you
with: may need to limit additional or alter-
(1) Notice of the information and native operating parameters (e.g.,
findings on which the intended dis- opacity in addition to or in lieu of op-
approval is based; and erating parameter limits on the partic-
(2) Notice of opportunity for you to ulate matter control device) or that al-
present additional information to the ternative approaches to establish lim-
Administrator before final action on its on operating parameters may be
the request. At the time the Adminis- necessary to document compliance
trator notifies you of intention to dis- with the emission standards of this
approve the request, the Administrator subpart.
will specify how much time you will (h) Reduction of monitoring data. The
have after being notified of the in- provisions of § 63.8(g) apply.
tended disapproval to submit the addi- (i) When an operating parameter is ap-
tional information. plicable to multiple standards. Para-
(D) Responsibility of owners and opera- graphs (j) through (p) of this section re-
tors. You are responsible for ensuring quire you to establish limits on oper-
that you submit any supplementary ating parameters based on comprehen-
and additional information supporting sive performance testing to ensure you
your application in a timely manner to maintain compliance with the emission
enable the Administrator to consider standards of this subpart. For several
your application during review of the parameters, you must establish a limit
comprehensive performance test plan. for the parameter to ensure compliance
Neither your submittal of an applica- with more than one emission standard.
tion, nor the Administrator’s failure to An example is a limit on minimum
approve or disapprove the application, combustion chamber temperature to
relieves you of the responsibility to ensure compliance with both the DRE
comply with the provisions of this sub- standard of paragraph (j) of this sec-
part. tion and the dioxin/furan standard of
(iv) Dual standards that incorporate paragraph (k) of this section. If the
the interim standards for HAP metals— performance tests for such standards
(A) Semivolatile and low volatile metals. are not performed simultaneously, the
You may petition the Administrator to most stringent limit for a parameter
waive a feedrate operating parameter derived from independent performance
limit under paragraph (n)(2) of this sec- tests applies.
tion for either the emission standards (j) DRE. To remain in compliance
expressed in a thermal emissions for- with the destruction and removal effi-
mat or the interim standards based on ciency (DRE) standard, you must es-
documentation that the feedrate oper- tablish operating limits during the
ating parameter limit is not needed to comprehensive performance test (or
ensure compliance with the relevant during a previous DRE test under pro-
standard on a continuous basis. visions of § 63.1206(b)(7)) for the fol-
(B) Mercury. You may petition the lowing parameters, unless the limits
Administrator to waive a feedrate op- are based on manufacturer specifica-

erating parameter limit under para- tions, and comply with those limits at
graph (l)(1) of this section for either all times that hazardous waste remains
59
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
in the combustion chamber (i.e., the gate kiln, if the combustor is equipped
hazardous waste residence time has not with an electrostatic precipitator,
transpired since the hazardous waste baghouse (fabric filter), or other dry
feed cutoff system was activated): emissions control device where partic-
(1) Minimum combustion chamber tem- ulate matter is suspended in contact
perature. (i) You must measure the with combustion gas, you must estab-
temperature of each combustion cham- lish a limit on the maximum tempera-
ber at a location that best represents, ture of the gas at the inlet to the de-
as practicable, the bulk gas tempera- vice on an hourly rolling average. You
ture in the combustion zone. You must must establish the hourly rolling aver-
document the temperature measure- age limit as the average of the test run
ment location in the test plan you sub- averages.
mit under § 63.1207(e);
(ii) For hazardous waste burning
(ii) You must establish a minimum
lightweight aggregate kilns, you must
hourly rolling average limit as the av-
establish a limit on the maximum tem-
erage of the test run averages;
perature of the gas at the exit of the
(2) Maximum flue gas flowrate or pro-
duction rate. (i) As an indicator of gas (last) combustion chamber (or exit of
residence time in the control device, any waste heat recovery system) on an
you must establish and comply with a hourly rolling average. The limit must
limit on the maximum flue gas be established as the average of the
flowrate, the maximum production test run averages;
rate, or another parameter that you (2) Minimum combustion chamber tem-
document in the site-specific test plan perature. (i) For sources other than ce-
as an appropriate surrogate for gas res- ment kilns, you must measure the tem-
idence time, as the average of the max- perature of each combustion chamber
imum hourly rolling averages for each at a location that best represents, as
run. practicable, the bulk gas temperature
(ii) You must comply with this limit in the combustion zone. You must doc-
on a hourly rolling average basis; ument the temperature measurement
(3) Maximum hazardous waste feedrate. location in the test plan you submit
(i) You must establish limits on the under §§ 63.1207(e) and (f);
maximum pumpable and total (i.e., (ii) You must establish a minimum
pumpable and nonpumpable) hazardous hourly rolling average limit as the av-
waste feedrate for each location where erage of the test run averages.
hazardous waste is fed. (3) Maximum flue gas flowrate or pro-
(ii) You must establish the limits as duction rate. (i) As an indicator of gas
the average of the maximum hourly residence time in the control device,
rolling averages for each run. you must establish and comply with a
(iii) You must comply with the limit on the maximum flue gas
feedrate limit(s) on a hourly rolling av- flowrate, the maximum production
erage basis; rate, or another parameter that you
(4) Operation of waste firing system.
document in the site-specific test plan
You must specify operating parameters
as an appropriate surrogate for gas res-
and limits to ensure that good oper-
idence time, as the average of the max-
ation of each hazardous waste firing
imum hourly rolling averages for each
system is maintained.
run.
(k) Dioxins and furans. You must
comply with the dioxin and furans (ii) You must comply with this limit
emission standard by establishing and on a hourly rolling average basis;
complying with the following operating (4) Maximum hazardous waste feedrate.
parameter limits. You must base the (i) You must establish limits on the
limits on operations during the com- maximum pumpable and total (pump-
prehensive performance test, unless the able and nonpumpable) hazardous
limits are based on manufacturer spec- waste feedrate for each location where
ifications. waste is fed.
(1) Gas temperature at the inlet to a dry (ii) You must establish the limits as
particulate matter control device. (i) For the average of the maximum hourly
sources other than a lightweight aggre- rolling averages for each run.
60
(iii) You must comply with the (A) Monitor performance of the car-
feedrate limit(s) on a hourly rolling av- bon bed consistent with manufacturer’s
erage basis; specifications and recommendations to
(5) Particulate matter operating limit. If ensure the carbon bed (or bed segment
your combustor is equipped with an ac- for sources with multiple segments)
tivated carbon injection system, you has not reached the end of its useful
must establish operating parameter life to minimize dioxin/furan and mer-
limits on the particulate matter con- cury emissions at least to the levels re-
trol device as specified by paragraph quired by the emission standards;
(m)(1) of this section; (B) Document the monitoring proce-
(6) Activated carbon injection parameter dures in the operation and mainte-
limits. If your combustor is equipped nance plan;
with an activated carbon injection sys- (C) Record results of the performance
tem: monitoring in the operating record;
(i) Carbon feedrate. You must estab- and
lish a limit on minimum carbon injec- (D) Replace the bed or bed segment
tion rate on an hourly rolling average before it has reached the end of its use-
calculated as the average of the test ful life to minimize dioxin/furan and
run averages. If your carbon injection mercury emissions at least to the lev-
system injects carbon at more than one els required by the emission standards.
(ii) Carbon specification. (A) You must
location, you must establish a carbon
specify and use the brand (i.e., manu-
feedrate limit for each location.
facturer) and type of carbon used dur-
(ii) Carrier fluid. You must establish a
ing the comprehensive performance
limit on minimum carrier fluid (gas or test until a subsequent comprehensive
liquid) flowrate or pressure drop as an performance test is conducted, unless
hourly rolling average based on the you document in the site-specific per-
manufacturer’s specifications. You formance test plan required under
must document the specifications in §§ 63.1207(e) and (f) key parameters that
the test plan you submit under affect adsorption and establish limits
§§ 63.1207(e) and (f); on those parameters based on the car-
(iii) Carbon specification. (A) You bon used in the performance test.
must specify and use the brand (i.e., (B) You may substitute at any time a
manufacturer) and type of carbon used different brand or type of carbon pro-
during the comprehensive performance vided that the replacement has equiva-
test until a subsequent comprehensive lent or improved properties compared
performance test is conducted, unless to the carbon used in the performance
you document in the site-specific per- test. You must include in the operating
formance test plan required under record documentation that the sub-
§§ 63.1207(e) and (f) key parameters that stitute carbon will provide an equiva-
affect adsorption and establish limits lent or improved level of control as the
on those parameters based on the car- original carbon.
bon used in the performance test. (iii) Maximum temperature. You must
(B) You may substitute at any time a measure the temperature of the carbon
different brand or type of carbon pro- bed at either the bed inlet or exit and
vided that the replacement has equiva- you must establish a maximum tem-
lent or improved properties compared perature limit on an hourly rolling av-
to the carbon used in the performance erage as the average of the test run
test and conforms to the key sorbent averages.
parameters you identify under para- (8) Catalytic oxidizer parameter limits.
graph (k)(6)(iii)(A) of this section. You If your combustor is equipped with a
must include in the operating record catalytic oxidizer, you must establish
documentation that the substitute car- limits on the following parameters:
bon will provide the same level of con- (i) Minimum flue gas temperature at the
trol as the original carbon. entrance of the catalyst. You must es-
(7) Carbon bed parameter limits. If your tablish a limit on minimum flue gas
combustor is equipped with a carbon temperature at the entrance of the cat-

bed system: alyst on an hourly rolling average as
(i) Monitoring bed life. You must: the average of the test run averages.
61
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
(ii) Maximum time in-use. You must mentation that the substitute inhib-
replace a catalytic oxidizer with a new itor will provide the same level of con-
catalytic oxidizer when it has reached trol as the original inhibitor.
the maximum service time specified by (l) Mercury. You must comply with
the manufacturer. the mercury emission standard by es-
(iii) Catalyst replacement specifications. tablishing and complying with the fol-
When you replace a catalyst with a lowing operating parameter limits.
new one, the new catalyst must be You must base the limits on operations
equivalent to or better than the one during the comprehensive performance
used during the previous comprehen- test, unless the limits are based on
sive test, as measured by: manufacturer specifications.
(A) Catalytic metal loading for each (1) Feedrate of mercury. (i) For incin-
metal; erators and solid fuel boilers, when
(B) Space time, expressed in the units complying with the mercury emission
s¥1, the maximum rated volumetric standards under §§ 63.1203, 63.1216 and
flow of combustion gas through the 63.1219, you must establish a 12-hour
catalyst divided by the volume of the rolling average limit for the total
catalyst; and feedrate of mercury in all feedstreams
(C) Substrate construction, including as the average of the test run averages.
materials of construction, washcoat (ii) For liquid fuel boilers, when com-
type, and pore density.
plying with the mercury emission
(iv) Maximum flue gas temperature.
standards of § 63.1217, you must estab-
You must establish a maximum flue
lish a rolling average limit for the mer-
gas temperature limit at the entrance
cury feedrate as follows on an aver-
of the catalyst as an hourly rolling av-
aging period not to exceed an annual
erage, based on manufacturer’s speci-
rolling average:
fications.
(9) Inhibitor feedrate parameter limits. (A) You must calculate a mercury
If you feed a dioxin/furan inhibitor into system removal efficiency for each test
the combustion system, you must es- run and calculate the average system
tablish limits for the following param- removal efficiency of the test run aver-
eters: ages. If emissions exceed the mercury
(i) Minimum inhibitor feedrate. You emission standard during the com-
must establish a limit on minimum in- prehensive performance test, it is not a
hibitor feedrate on an hourly rolling violation because the averaging period
average as the average of the test run for the mercury emission standard is
averages. (not-to-exceed) one year and compli-
(ii) Inhibitor specifications. (A) You ance is based on compliance with the
must specify and use the brand (i.e., mercury feedrate limit with an aver-
manufacturer) and type of inhibitor aging period not-to-exceed one year.
used during the comprehensive per- (B) If you burn hazardous waste with
formance test until a subsequent com- a heating value of 10,000 Btu/lb or
prehensive performance test is con- greater, you must calculate the mer-
ducted, unless you document in the cury feedrate limit as follows:
site-specific performance test plan re- (1) The mercury feedrate limit is the
quired under §§ 63.1207(e) and (f) key pa- emission standard divided by [1 ¥ sys-
rameters that affect the effectiveness tem removal efficiency].
of the inhibitor and establish limits on (2) The mercury feedrate limit is a
those parameters based on the inhib- hazardous waste thermal concentration
itor used in the performance test. limit expressed as pounds of mercury
(B) You may substitute at any time a in hazardous waste feedstreams per
different brand or type of inhibitor pro- million Btu of hazardous waste fired.
vided that the replacement has equiva- (3) You must comply with the haz-
lent or improved properties compared ardous waste mercury thermal con-
to the inhibitor used in the perform- centration limit by determining the
ance test and conforms to the key pa- feedrate of mercury in all hazardous
rameters you identify under paragraph waste feedstreams (lb/hr) at least once
(k)(9)(ii)(A) of this section. You must a minute and the hazardous waste ther-
include in the operating record docu- mal feedrate (MM Btu/hr) at least once
62
a minute to calculate a 60-minute aver- one-hour updates. Hourly updates shall

age thermal emission concentration as be calculated using the average of the
[hazardous waste mercury feedrate (lb/ one-minute average data for the pre-
hr) / hazardous waste thermal feedrate ceding hour. For the period beginning
(MM Btu/hr)]. with initial operation under this stand-
(4) You must calculate a rolling aver- ard until the source has operated for
age hazardous waste mercury thermal the full averaging period that you se-
concentration that is updated each lect, the average feedrate shall be
hour. based only on actual operation under
(5) If you select an averaging period this standard.
for the feedrate limit that is greater (D) If your boiler is equipped with a
than a 12-hour rolling average, you wet scrubber, you must comply with
must calculate the initial rolling aver- the following unless you document in
age as though you had selected a 12- the performance test plan that you do
hour rolling average, as provided by not feed chlorine at rates that may
paragraph (b)(5)(i) of this section. substantially affect the system re-
Thereafter, you must calculate rolling moval efficiency of mercury for pur-
averages using either one-minute or poses of establishing a mercury
one-hour updates. Hourly updates shall feedrate limit based on the system re-
be calculated using the average of the moval efficiency during the test:
one-minute average data for the pre- (1) Scrubber blowdown must be mini-
ceding hour. For the period beginning mized during a pretest conditioning pe-
with initial operation under this stand- riod and during the performance test:
ard until the source has operated for (2) Scrubber water must be
the full averaging period that you se- preconditioned so that mercury in the
lect, the average feedrate shall be water is at equilibrium with stack gas
based only on actual operation under at the mercury feedrate level of the
this standard. performance test; and
(C) If you burn hazardous waste with
(3) You must establish an operating
a heating value of less than 10,000 Btu/
limit on minimum pH of scrubber
lb, you must calculate the mercury
water as the average of the test run
feedrate limit as follows:
averages and comply with the limit on
(1) You must calculate the mercury
an hourly rolling average.
feedrate limit as the mercury emission
(iii) For cement kilns:
standard divided by [1 ¥ System Re-
moval Efficiency]. (A) When complying with the emis-
(2) The feedrate limit is expressed as sion standards under §§ 63.1220(a)(2)(i)
a mass concentration per unit volume and (b)(2)(i), you must:
of stack gas (μgm/dscm) and is con- (1) Comply with the mercury haz-
verted to a mass feedrate (lb/hr) by ardous waste feed concentration oper-
multiplying it by the average stack gas ating requirement on a twelve-hour
flowrate of the test run averages. rolling average;
(3) You must comply with the (2) Monitor and record in the oper-
feedrate limit by determining the mer- ating record the as-fired mercury con-
cury feedrate (lb/hr) at least once a centration in the hazardous waste (or
minute to calculate a 60-minute aver- the weighted-average mercury con-
age feedrate. centration for multiple hazardous
(4) You must update the rolling aver- waste feedstreams);
age feedrate each hour with this 60- (3) Initiate an automatic waste feed
minute feedrate measurement. cutoff that immediately and automati-
(5) If you select an averaging period cally cuts off the hazardous waste feed
for the feedrate limit that is greater when the as-fired mercury concentra-
than a 12-hour rolling average, you tion operating requirement is exceed-
must calculate the initial rolling aver- ed;
age as though you had selected a 12- (B) When complying with the emis-
hour rolling average, as provided by sion standards under §§ 63.1204 and
paragraph (b)(5)(i) of this section. 63.1220(a)(2)(ii)(A) and (b)(2)(ii)(A), you

Thereafter, you must calculate rolling must establish a 12-hour rolling aver-
averages using either one-minute or age limit for the feedrate of mercury in
63
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
all feedstreams as the average of the feedrate corresponding to a maximum

test run averages; theoretical emission concentration
(C) Except as provided by paragraph (MTEC) under §§ 63.1221(a)(2)(ii) and
(l)(1)(iii)(D) of this section, when com- (b)(2)(ii), you must:
plying with the hazardous waste max- (1) Comply with the MTEC operating
imum theoretical emission concentra- requirement on a twelve-hour rolling
tion (MTEC) under § 63.1220(a)(2)(ii)(B) average;
and (b)(2)(ii)(B), you must: (2) Monitor and record the feedrate of
(1) Comply with the MTEC operating mercury for each hazardous waste
requirement on a twelve-hour rolling feedstream according to § 63.1209(c);
average; (3) Monitor with a CMS and record in
(2) Monitor and record the feedrate of the operating record the gas flowrate
mercury for each hazardous waste (either directly or by monitoring a sur-
feedstream according to § 63.1209(c); rogate parameter that you have cor-
(3) Monitor with a CMS and record in related to gas flowrate);
the operating record the gas flowrate
(4) Continuously calculate and record
(either directly or by monitoring a sur-
in the operating record a MTEC assum-
rogate parameter that you have cor-
ing mercury from all hazardous waste
related to gas flowrate);
feedstreams is emitted;
(4) Continuously calculate and record
in the operating record a MTEC assum- (5) Initiate an automatic waste feed
ing mercury from all hazardous waste cutoff that immediately and automati-
feedstreams is emitted; cally cuts off the hazardous waste feed
(5) Initiate an automatic waste feed when the MTEC operating requirement
cutoff that immediately and automati- is exceeded;
cally cuts off the hazardous waste feed (C) In lieu of complying with para-
when the MTEC operating requirement graph (l)(1)(iv)(B) of this section, you
is exceeded; may:
(D) In lieu of complying with para- (1) Identify in the Notification of
graph (l)(1)(iii)(C) of this section, you Compliance a minimum gas flowrate
may: limit and a maximum feedrate limit of
(1) Identify in the Notification of mercury from all hazardous waste
Compliance a minimum gas flowrate feedstreams that ensures the MTEC
limit and a maximum feedrate limit of calculated in paragraph (l)(1)(iv)(B)(4)
mercury from all hazardous waste of this section is below the operating
feedstreams that ensures the MTEC requirement under paragraphs
calculated in paragraph (l)(1)(iii)(C)(4) §§ 63.1221(a)(2)(ii) and (b)(2)(ii); and
of this section is below the operating (2) Initiate an automatic waste feed
requirement under paragraphs cutoff that immediately and automati-
§§ 63.1220(a)(2)(ii)(B) and (b)(2)(ii)(B); cally cuts off the hazardous waste feed
and when either the gas flowrate or mer-
(2) Initiate an automatic waste feed cury feedrate exceeds the limits identi-
cutoff that immediately and automati- fied in paragraph (l)(1)(iv)(C)(1) of this
cally cuts off the hazardous waste feed section.
when either the gas flowrate or mer- (v) Extrapolation of feedrate levels. In
cury feedrate exceeds the limits identi- lieu of establishing mercury feedrate
fied in paragraph (l)(1)(iii)(D)(1) of this limits as specified in paragraphs
section. (l)(1)(i) through (iv) of this section, you
(iv) For lightweight aggregate kilns: may request as part of the performance
(A) When complying with the emis- test plan under §§ 63.7(b) and (c) and
sion standards under §§ 63.1205, §§ 63.1207 (e) and (f) to use the mercury
63.1221(a)(2)(i) and (b)(2)(i), you must feedrates and associated emission rates
establish a 12-hour rolling average during the comprehensive performance
limit for the total feedrate of mercury test to extrapolate to higher allowable
in all feedstreams as the average of the feedrate limits and emission rates. The
test run averages; extrapolation methodology will be re-
(B) Except as provided by paragraph viewed and approved, as warranted, by

(l)(1)(iv)(C) of this section, when com- the Administrator. The review will
plying with the hazardous waste consider in particular whether:
64
(A) Performance test metal feedrates (i) Establish a limit on solids content
are appropriate (i.e., whether feedrates of the scrubber liquid using a CMS or
are at least at normal levels; depending by manual sampling and analysis. If
on the heterogeneity of the waste, you elect to monitor solids content
whether some level of spiking would be manually, you must sample and ana-
appropriate; and whether the physical lyze the scrubber liquid hourly unless
form and species of spiked material is you support an alternative monitoring
appropriate); and frequency in the performance test plan
(B) Whether the extrapolated that you submit for review and ap-
feedrates you request are warranted proval; or
considering historical metal feedrate (ii) Establish a minimum blowdown
data. rate using a CMS and either a min-
(2) Wet scrubber. If your combustor is imum scrubber tank volume or liquid
equipped with a wet scrubber, you level using a CMS.
must establish operating parameter (2) For maximum solids content mon-
limits prescribed by paragraph (o)(3) of itored with a CMS, you must establish
this section, except for paragraph a limit on a twelve-hour rolling aver-
(o)(3)(iv). age as the average of the test run aver-
(3) Activated carbon injection. If your ages.
combustor is equipped with an acti- (3) For maximum solids content
vated carbon injection system, you measured manually, you must estab-
must establish operating parameter lish an hourly limit, as measured at
limits prescribed by paragraphs (k)(5) least once per hour, unless you support
and (k)(6) of this section. an alternative monitoring frequency in
(4) Activated carbon bed. If your com- the performance test plan that you
bustor is equipped with an activated submit for review and approval. You
carbon bed system, you must comply must establish the maximum hourly
with the requirements of (k)(7) of this limit as the average of the manual
section to assure compliance with the measurement averages for each run.
mercury emission standard. (4) For minimum blowdown rate and
(m) Particulate matter. You must com- either a minimum scrubber tank vol-
ply with the particulate matter emis- ume or liquid level using a CMS, you
sion standard by establishing and com- must establish a limit on an hourly
plying with the following operating pa- rolling average as the average of the
rameter limits. You must base the lim- test run averages.
its on operations during the com- (C) For high energy wet scrubbers
prehensive performance test, unless the only, you must establish limits on ei-
limits are based on manufacturer spec- ther the minimum liquid to gas ratio
ifications. or the minimum scrubber water
(1) Control device operating parameter flowrate and maximum flue gas
limits (OPLs)—(i) Wet scrubbers. For flowrate on an hourly rolling average.
sources equipped with wet scrubbers, If you establish limits on maximum
including ionizing wet scrubbers, high flue gas flowrate under this paragraph,
energy wet scrubbers such as venturi, you need not establish a limit on max-
hydrosonic, collision, or free jet wet imum flue gas flowrate under para-
scrubbers, and low energy wet scrub- graph (m)(2) of this section. You must
bers such as spray towers, packed beds, establish these hourly rolling average
or tray towers, you must establish lim- limits as the average of the test run
its on the following parameters: averages; and
(A) For high energy scrubbers only, (ii)–(iii) [Reserved]
minimum pressure drop across the wet (iv) Other particulate matter control de-
scrubber on an hourly rolling average, vices. For each particulate matter con-
established as the average of the test trol device that is not a fabric filter or
run averages; high energy wet scrubber, or is not an
(B) For all wet scrubbers: electrostatic precipitator or ionizing
(1) To ensure that the solids content wet scrubber for which you elect to
of the scrubber liquid does not exceed monitor particulate matter loadings
levels during the performance test, you under § 63.1206(c)(9) of this chapter for
must either: process control, you must ensure that
65
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
the control device is properly operated the monitoring equipment in accord-

and maintained as required by ance with the equipment manufactur-
§ 63.1206(c)(7) and by monitoring the oper’s specifications. The recorder must
eration of the control device as follows: record the detector responses at least
(A) During each comprehensive per- every 60 seconds, as required in the def-
formance test conducted to dem- inition of continuous monitor.
onstrate compliance with the particu- (C) You must regularly inspect the
late matter emissions standard, you data recorded by the operating param-
must establish a range of operating eter monitoring system at a sufficient
values for the control device that is a frequency to ensure the control device
representative and reliable indicator is operating properly. An excursion is
that the control device is operating determined to have occurred any time
within the same range of conditions as
that the actual value of a selected op-
during the performance test. You must
erating parameter is less than the min-
establish this range of operating values
imum operating limit (or, if applicable,
as follows:
greater than the maximum operating
(1) You must select a set of operating
parameters appropriate for the control limit) established for the parameter in
device design that you determine to be accordance with the requirements of
a representative and reliable indicator paragraph (m)(1)(iv)(A)(3) of this sec-
of the control device performance. tion.
(2) You must measure and record val- (D) Operating parameters selected in
ues for each of the selected operating accordance with paragraph (m)(1)(iv) of
parameters during each test run of the this section may be based on manufac-
performance test. A value for each se- turer specifications provided you sup-
lected parameter must be recorded port the use of manufacturer specifica-
using a continuous monitor. tions in the performance test plan that
(3) For each selected operating pa- you submit for review and approval.
rameter measured in accordance with (2) Maximum flue gas flowrate or pro-
the requirements of paragraph duction rate. (i) As an indicator of gas
(m)(1)(iv)(A)(1) of this section, you residence time in the control device,
must establish a minimum operating you must establish a limit on the max-
parameter limit or a maximum oper- imum flue gas flowrate, the maximum
ating parameter limit, as appropriate production rate, or another parameter
for the parameter, to define the oper- that you document in the site-specific
ating limits within which the control test plan as an appropriate surrogate
device can operate and still continu- for gas residence time, as the average
ously achieve the same operating con- of the maximum hourly rolling aver-
ditions as during the performance test. ages for each run.
(4) You must prepare written docu-
(ii) You must comply with this limit
mentation to support the operating pa-
on a hourly rolling average basis;
rameter limits established for the con-
trol device and you must include this (3) Maximum ash feedrate. Owners and
documentation in the performance test operators of hazardous waste inciner-
plan that you submit for review and ators, solid fuel boilers, and liquid fuel
approval. This documentation must in- boilers must establish a maximum ash
clude a description for each selected feedrate limit as a 12-hour rolling aver-
parameter and the operating range and age based on the average of the test
monitoring frequency required to en- run averages. This requirement is
sure the control device is being prop- waived, however, if you comply with
erly operated and maintained. the particulate matter detection sys-
(B) You must install, calibrate, oper- tem requirements under § 63.1206(c)(9).
ate, and maintain a monitoring device (n) Semivolatile metals and low vola-
equipped with a recorder to measure tility metals. You must comply with the
the values for each operating param- semivolatile metal (cadmium and lead)
eter selected in accordance with the re- and low volatile metal (arsenic, beryl-
quirements of paragraph lium, and chromium) emission stand-

(m)(1)(iv)(A)(1) of this section. You ards by establishing and complying
must install, calibrate, and maintain with the following operating parameter
66
limits. You must base the limits on op- must establish 12-hour rolling average
erations during the comprehensive per- limits for the total feedrate of
formance test, unless the limits are semivolatile and low volatile metals in
based on manufacturer specifications. all feedstreams as the average of the
(1) Maximum inlet temperature to dry test run averages.
particulate matter air pollution control (iv) Lightweight aggregate kilns under
device. You must establish a limit on § 63.1221. (A) When complying with the
the maximum inlet temperature to the emission standards under
primary dry metals emissions control §§ 63.1221(a)(3)(i), (a)(4)(i), (b)(3)(i), and
device (e.g., electrostatic precipitator, (b)(4)(i), you must establish 12-hour
baghouse) on an hourly rolling average rolling average feedrate limits for
basis as the average of the test run semivolatile and low volatile metals as
averages. the thermal concentration of
(2) Maximum feedrate of semivolatile semivolatile metals or low volatile
and low volatile metals—(i) General. You metals in all hazardous waste
must establish feedrate limits for feedstreams as specified in paragraphs
semivolatile metals (cadmium and (n)(2)(iii)(A) of this section.
lead) and low volatile metals (arsenic, (B) When complying with the emis-
beryllium, and chromium) as follows, sion standards under §§ 63.1221(a)(3)(ii),
except as provided by paragraph (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you
(n)(2)(vii) of this section. must establish 12-hour rolling average
(ii) For incinerators, cement kilns, limits for the total feedrate of
and lightweight aggregate kilns, when semivolatile and low volatile metals in
complying with the emission standards all feedstreams as the average of the
under §§ 63.1203, 63.1204, 63.1205, and test run averages.
63.1219, and for solid fuel boilers when (v) Liquid fuel boilers under § 63.1217—
complying with the emission standards (A) Semivolatile metals. You must estab-
under § 63.1216, you must establish 12- lish a rolling average limit for the
hour rolling average limits for the semivolatile metal feedrate as follows
total feedrate of semivolatile and low on an averaging period not to exceed
volatile metals in all feedstreams as an annual rolling average.
the average of the test run averages. (1) System removal efficiency. You
(iii) Cement kilns under § 63.1220. (A) must calculate a semivolatile metal
When complying with the emission system removal efficiency for each test
standards under § 63.1220(a)(3)(i), run and calculate the average system
(a)(4)(i), (b)(3)(i), and (b)(4)(i), you must removal efficiency of the test run aver-
establish 12-hour rolling average ages. If emissions exceed the
feedrate limits for semivolatile and low semivolatile metal emission standard
volatile metals as the thermal con- during the comprehensive performance
centration of semivolatile metals or test, it is not a violation because the
low volatile metals in all hazardous averaging period for the semivolatile
waste feedstreams. You must calculate metal emission standard is one year
hazardous waste thermal concentra- and compliance is based on compliance
tions for semivolatile metals and low with the semivolatile metal feedrate
volatile metals for each run as the limit that has an averaging period not
total mass feedrate of semivolatile to exceed an annual rolling average.
metals or low volatile metals for all (2) Boilers that feed hazardous waste
hazardous waste feedstreams divided with a heating value of 10,000 Btu/lb or
by the total heat input rate for all haz- greater. You must calculate the
ardous waste feedstreams. The 12-hour semivolatile metal feedrate limit as
rolling average feedrate limits for the semivolatile metal emission stand-
semivolatile metals and low volatile ard divided by [1 ¥ System Removal
metals are the average of the test run Efficiency].
averages, calculated on a thermal con- (i) The feedrate limit is a hazardous
centration basis, for all hazardous waste thermal concentration limit ex-
waste feeds. pressed as pounds of semivolatile met-
(B) When complying with the emis- als in all hazardous waste feedstreams
sion standards under §§ 63.1220(a)(3)(ii), per million Btu of hazardous waste fed
(a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you to the boiler.
67
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
(ii) You must comply with the haz- (v) If you select an averaging period
ardous waste semivolatile metal ther- for the feedrate limit that is greater
mal concentration limit by deter- than a 12-hour rolling average, you
mining the feedrate of semivolatile must calculate the initial rolling aver-
metal in all hazardous waste age as though you had selected a 12-
feedstreams (lb/hr) and the hazardous hour rolling average, as provided by
waste thermal feedrate (MM Btu/hr) at paragraph (b)(5)(i) of this section.
least once a minute to calculate a 60- Thereafter, you must calculate rolling
minute average thermal emission con- averages using either one-minute or
centration as [hazardous waste one-hour updates. Hourly updates shall
semivolatile metal feedrate (lb/hr) / be calculated using the average of the
hazardous waste thermal feedrate (MM one-minute average data for the pre-
Btu/hr)]. ceding hour. For the period beginning
(iii) You must calculate a rolling av- with initial operation under this stand-
erage hazardous waste semivolatile ard until the source has operated for
metal thermal concentration that is the full averaging period that you se-
updated each hour. lect, the average feedrate shall be
(iv) If you select an averaging period based only on actual operation under
for the feedrate limit that is greater this standard.
than a 12-hour rolling average, you (B) Chromium—(1) Boilers that feed
must calculate the initial rolling aver- hazardous waste with a heating value of
age as though you had selected a 12- 10,000 Btu/lb or greater. (i) The 12-hour
hour rolling average, as provided by rolling average feedrate limit is a haz-
paragraph (b)(5)(i) of this section. ardous waste thermal concentration
Thereafter, you must calculate rolling limit expressed as pounds of chromium
averages using either one-minute or in all hazardous waste feedstreams per
one-hour updates. Hourly updates shall million Btu of hazardous waste fed to
the boiler. You must establish the 12-
be calculated using the average of the
hour rolling average feedrate limit as
one-minute average data for the pre-
the average of the test run averages.
ceding hour. For the period beginning
(ii) You must comply with the haz-
with initial operation under this stand-
ardous waste chromium thermal con-
ard until the source has operated for
centration limit by determining the
the full averaging period that you se-
feedrate of chromium in all hazardous
lect, the average feedrate shall be
waste feedstreams (lb/hr) and the haz-
based only on actual operation under
ardous waste thermal feedrate
this standard.
(MMBtu/hr) at least once each minute
(3) Boilers that feed hazardous waste as [hazardous waste chromium feedrate
with a heating value less than 10,000 Btu/ (lb/hr)/hazardous waste thermal
lb. (i) You must calculate the feedrate (MMBtu/hr)].
semivolatile metal feedrate limit as (2) Boilers that feed hazardous waste
the semivolatile metal emission stand- with a heating value less than 10,000 Btu/
ard divided by [1 ¥ System Removal lb. You must establish a 12-hour rolling
Efficiency]. average limit for the total feedrate (lb/
(ii) The feedrate limit is expressed as hr) of chromium in all feedstreams as
a mass concentration per unit volume the average of the test run averages.
of stack gas (μgm/dscm) and is con- (vi) LVM limits for pumpable wastes.
verted to a mass feedrate (lb/hr) by You must establish separate feedrate
multiplying it by the average stack gas limits for low volatile metals in pump-
flowrate (dscm/hr) of the test run aver- able feedstreams using the procedures
ages. prescribed above for total low volatile
(iii) You must comply with the metals. Dual feedrate limits for both
feedrate limit by determining the pumpable and total feedstreams are
semivolatile metal feedrate (lb/hr) at not required, however, if you base the
least once a minute to calculate a 60- total feedrate limit solely on the
minute average feedrate. feedrate of pumpable feedstreams.
(iv) You must update the rolling av- (vii) Extrapolation of feedrate levels. In
erage feedrate each hour with this 60- lieu of establishing feedrate limits as
minute feedrate measurement. specified in paragraphs (n)(2)(ii)
68
through (vi) of this section, you may limits are based on manufacturer spec-
request as part of the performance test ifications.
plan under §§ 63.7(b) and (c) and (1) Feedrate of total chlorine and chlo-
§§ 63.1207(e) and (f) to use the ride—(i) Incinerators, cement kilns, light-
semivolatile metal and low volatile weight aggregate kilns, solid fuel boilers,
metal feedrates and associated emis- and hydrochloric acid production fur-
sion rates during the comprehensive naces. You must establish a 12-hour
performance test to extrapolate to rolling average limit for the total
higher allowable feedrate limits and feedrate of chlorine (organic and inor-
emission rates. The extrapolation ganic) in all feedstreams as the average
methodology will be reviewed and ap- of the test run averages.
proved, as warranted, by the Adminis- (ii) Liquid fuel boilers—(A) Boilers that
trator. The review will consider in par- feed hazardous waste with a heating
ticular whether: value not less than 10,000 Btu/lb. (1) The
(A) Performance test metal feedrates feedrate limit is a hazardous waste
are appropriate (i.e., whether feedrates thermal concentration limit expressed
are at least at normal levels; depending as pounds of chlorine (organic and inor-
on the heterogeneity of the waste, ganic) in all hazardous waste
whether some level of spiking would be feedstreams per million Btu of haz-
appropriate; and whether the physical ardous waste fed to the boiler.
form and species of spiked material is (2) You must establish a 12-hour roll-
appropriate); and ing average feedrate limit as the aver-
(B) Whether the extrapolated age of the test run averages.
feedrates you request are warranted (3) You must comply with the
considering historical metal feedrate feedrate limit by determining the mass
data. feedrate of hazardous waste
feedstreams (lb/hr) at least once a
(3) Control device operating parameter
minute and by knowing the chlorine
limits (OPLs). You must establish oper-
content (organic and inorganic, lb of
ating parameter limits on the particu-
chlorine/lb of hazardous waste) and
late matter control device as specified
heating value (Btu/lb) of hazardous
by paragraph (m)(1) of this section; waste feedstreams at all times to cal-
(4) Maximum total chlorine and chloride culate a 1-minute average feedrate
feedrate. You must establish a 12-hour measurement as [hazardous waste chlo-
rolling average limit for the feedrate of rine content (lb of chlorine/lb of haz-
total chlorine and chloride in all ardous waste feed)/hazardous waste
feedstreams as the average of the test heating value (Btu/lb of hazardous
run averages. waste)]. You must update the rolling
(5) Maximum flue gas flowrate or pro- average feedrate each hour with this
duction rate. (i) As an indicator of gas 60-minute average feedrate measure-
residence time in the control device, ment.
you must establish a limit on the max- (B) Boilers that feed hazardous waste
imum flue gas flowrate, the maximum with a heating value less than 10,000 Btu/
production rate, or another parameter lb. You must establish a 12-hour rolling
that you document in the site-specific average limit for the total feedrate of
test plan as an appropriate surrogate chlorine (organic and inorganic) in all
for gas residence time, as the average feedstreams as the average of the test
of the maximum hourly rolling aver- run averages. You must update the
ages for each run. rolling average feedrate each hour with
(ii) You must comply with this limit a 60-minute average feedrate measure-
on a hourly rolling average basis. ment.
(o) Hydrogen chloride and chlorine gas. (2) Maximum flue gas flowrate or pro-
You must comply with the hydrogen duction rate. (i) As an indicator of gas
chloride and chlorine gas emission residence time in the control device,
standard by establishing and com- you must establish a limit on the max-
plying with the following operating pa- imum flue gas flowrate, the maximum
rameter limits. You must base the lim- production rate, or another parameter
its on operations during the com- that you document in the site-specific
prehensive performance test, unless the test plan as an appropriate surrogate
69
§ 63.1209 40 CFR Ch. I (7–1–16 Edition)
for gas residence time, as the average drop based on manufacturer’s specifica-
of the maximum hourly rolling aver- tions.
ages for each run. (iii) Sorbent specifications. (A) You
(ii) You must comply with this limit must specify and use the brand (i.e.,
on a hourly rolling average basis; manufacturer) and type of sorbent used
(3) Wet scrubber. If your combustor is during the comprehensive performance
equipped with a wet scrubber: test until a subsequent comprehensive
(i) If your source is equipped with a performance test is conducted, unless
high energy wet scrubber such as a you document in the site-specific per-
venturi, hydrosonic, collision, or free formance test plan required under
jet wet scrubber, you must establish a §§ 63.1207(e) and (f) key parameters that
limit on minimum pressure drop across affect adsorption and establish limits
the wet scrubber on an hourly rolling on those parameters based on the sor-
average as the average of the test run bent used in the performance test.
averages; (B) You may substitute at any time a
different brand or type of sorbent pro-
(ii) If your source is equipped with a
vided that the replacement has equiva-
low energy wet scrubber such as a
lent or improved properties compared
spray tower, packed bed, or tray tower,
to the sorbent used in the performance
you must establish a minimum pres-
test and conforms to the key sorbent
sure drop across the wet scrubber based
parameters you identify under para-
on manufacturer’s specifications. You
graph (o)(4)(iii)(A) of this section. You
must comply with the limit on an
must record in the operating record
hourly rolling average;
documentation that the substitute sor-
(iii) If your source is equipped with a bent will provide the same level of con-
low energy wet scrubber, you must es- trol as the original sorbent.
tablish a limit on minimum liquid feed (p) Maximum combustion chamber pres-
pressure to the wet scrubber based on sure. If you comply with the require-
manufacturer’s specifications. You ments for combustion system leaks
must comply with the limit on an under § 63.1206(c)(5) by maintaining the
hourly rolling average; maximum combustion chamber zone
(iv) You must establish a limit on pressure lower than ambient pressure
minimum pH on an hourly rolling aver- to prevent combustion systems leaks
age as the average of the test run aver- from hazardous waste combustion, you
ages; must perform instantaneous moni-
(v) You must establish limits on ei- toring of pressure and the automatic
ther the minimum liquid to gas ratio waste feed cutoff system must be en-
or the minimum scrubber water gaged when negative pressure is not
flowrate and maximum flue gas adequately maintained.
flowrate on an hourly rolling average (q) Operating under different modes of
as the average of the test run averages. operation. If you operate under dif-
If you establish limits on maximum ferent modes of operation, you must es-
flue gas flowrate under this paragraph, tablish operating parameter limits for
you need not establish a limit on max- each mode. You must document in the
imum flue gas flowrate under para- operating record when you change a
graph (o)(2) of this section; and mode of operation and begin complying
(4) Dry scrubber. If your combustor is with the operating limits for an alter-
equipped with a dry scrubber, you must native mode of operation.
establish the following operating pa- (1) Operating under otherwise applica-
rameter limits: ble standards after the hazardous waste
(i) Minimum sorbent feedrate. You residence time has transpired. As pro-
must establish a limit on minimum vided by § 63.1206(b)(1)(ii), you may op-
sorbent feedrate on an hourly rolling erate under otherwise applicable re-
average as the average of the test run quirements promulgated under sections
averages. 112 and 129 of the Clean Air Act in lieu
(ii) Minimum carrier fluid flowrate or of the substantive requirements of this
nozzle pressure drop. You must establish subpart.

a limit on minimum carrier fluid (gas (i) The otherwise applicable require-
or liquid) flowrate or nozzle pressure ments promulgated under sections 112
70
and 129 of the Clean Air Act are appli- if the most recent operation in that
cable requirements under this subpart. mode resulted in an exceedance of an
(ii) You must specify (e.g., by ref- applicable emission standard measured
erence) the otherwise applicable re- with a CEMS or operating parameter
quirements as a mode of operation in limit prior to the hazardous waste resi-
your Documentation of Compliance dence time expiring; or
under § 63.1211(c), your Notification of (iii) Seamless transition. Continue cal-
Compliance under § 63.1207(j), and your culating rolling averages using data
title V permit application. These re-
from the previous operating mode pro-
quirements include the otherwise ap-
plicable requirements governing emis- vided that both the operating limit and
sion standards, monitoring and compli- the averaging period for the parameter
ance, and notification, reporting, and are the same for both modes of oper-
recordkeeping. ation.
(2) Calculating rolling averages under (r) Averaging periods. The averaging
different modes of operation. When you periods specified in this section for op-
transition to a different mode of oper- erating parameters are not-to-exceed
ation, you must calculate rolling aver- averaging periods. You may elect to
ages as follows: use shorter averaging periods. For ex-
(i) Retrieval approach. Calculate roll- ample, you may elect to use a 1-hour
ing averages anew using the contin- rolling average rather than the 12-hour
uous monitoring system values pre- rolling average specified in paragraph
viously recorded for that mode of oper- (l)(1)(i) of this section for mercury.
ation (i.e., you ignore continuous mon-
itoring system values subsequently re- [64 FR 53038, Sept. 30, 1999, as amended at 65
corded under other modes of operation FR 42300, July 10, 2000; 65 FR 67271, Nov. 9,
when you transition back to a mode of 2000; 66 FR 24272, May 14, 2001; 66 FR 35106,
operation); or July 3, 2001; 67 FR 6815, Feb. 13, 2002; 67 FR
(ii) Start anew. Calculate rolling aver- 6991, Feb. 14, 2002; 67 FR 77691, Dec. 19, 2002;
70 FR 59548, Oct. 12, 2005; 73 FR 18981, Apr. 8,
ages anew without considering pre-
2008]
vious recordings.
(A) Rolling averages must be cal- NOTIFICATION, REPORTING AND
culated as the average of the available
RECORDKEEPING
one-minute values for the parameter
until enough one-minute values are § 63.1210 What are the notification re-
available to calculate hourly or 12-hour quirements?
rolling averages, whichever is applica-
ble to the parameter. (a) Summary of requirements. (1) You
(B) You may not transition to a new must submit the following notifica-
mode of operation using this approach tions to the Administrator:
Reference Notification
63.9(b) ............................. Initial notifications that you are subject to Subpart EEE of this Part.
63.9(d) ............................. Notification that you are subject to special compliance requirements.
63.9(j) ............................... Notification and documentation of any change in information already provided under § 63.9.
63.1206(b)(5)(i) ................ Notification of changes in design, operation, or maintenance.
63.1206(c)(8)(iv) .............. Notification of excessive bag leak detection system exceedances.
63.1206(c)(9)(v) ............... Notification of excessive particulate matter detection system exceedances.
63.1207(e), 63.9(e) Notification of performance test and continuous monitoring system evaluation, including the perform-
63.9(g)(1) and (3). ance test plan and CMS performance evaluation plan.1
63.1210(b) ....................... Notification of intent to comply.
63.1210(d), 63.1207(j), Notification of compliance, including results of performance tests and continuous monitoring system
63.1207(k), 63.1207(l), performance evaluations.
63.9(h), 63.10(d)(2),
63.10(e)(2).
1 You may also be required on a case-by-case basis to submit a feedstream analysis plan under § 63.1209(c)(3).
(2) You must submit the following you request or elect to comply with al-
notifications to the Administrator if ternative requirements:
71
§ 63.1210 40 CFR Ch. I (7–1–16 Edition)
Reference Notification, request, petition, or application
63.9(i) ............................... You may request an adjustment to time periods or postmark deadlines for submittal and review of
required information.
63.10(e)(3)(ii) ................... You may request to reduce the frequency of excess emissions and CMS performance reports.
63.10(f) ............................ You may request to waive recordkeeping or reporting requirements.
63.1204(d)(2)(iii), Notification that you elect to comply with the emission averaging requirements for cement kilns with
63.1220(d)(2)(iii). in-line raw mills.
63.1204(e)(2)(iii), Notification that you elect to comply with the emission averaging requirements for preheater or pre-
63.1220(e)(2)(iii). heater/precalciner kilns with dual stacks.
63.1206(b)(4), 63.1213, You may request an extension of the compliance date for up to one year.
63.6(i), 63.9(c).
63.1206(b)(5)(i)(C) ........... You may request to burn hazardous waste for more than 720 hours and for purposes other than
testing or pretesting after making a change in the design or operation that could affect compliance
with emission standards and prior to submitting a revised Notification of Compliance.
63.1206(b)(8)(iii)(B) ......... If you elect to conduct particulate matter CEMS correlation testing and wish to have federal particu-
late matter and opacity standards and associated operating limits waived during the testing, you
must notify the Administrator by submitting the correlation test plan for review and approval.
63.1206(b)(8)(v) ............... You may request approval to have the particulate matter and opacity standards and associated op-
erating limits and conditions waived for more than 96 hours for a correlation test.
63.1206(b)(9) ................... Owners and operators of lightweight aggregate kilns may request approval of alternative emission
standards for mercury, semivolatile metal, low volatile metal, and hydrogen chloride/chlorine gas
under certain conditions.
63.1206(b)(10) ................. Owners and operators of cement kilns may request approval of alternative emission standards for
mercury, semivolatile metal, low volatile metal, and hydrogen chloride/chlorine gas under certain
conditions.
63.1206(b)(14) ................. Owners and operators of incinerators may elect to comply with an alternative to the particulate mat-
ter standard.
63.1206(b)(15) ................. Owners and operators of cement and lightweight aggregate kilns may request to comply with the al-
ternative to the interim standards for mercury.
63.1206(c)(2)(ii)(C) .......... You may request to make changes to the startup, shutdown, and malfunction plan.
63.1206(c)(5)(i)(C) ........... You may request an alternative means of control to provide control of combustion system leaks.
63.1206(c)(5)(i)(D) ........... You may request other techniques to prevent fugitive emissions without use of instantaneous pres-
sure limits.
63.1207(c)(2) ................... You may request to base initial compliance on data in lieu of a comprehensive performance test.
63.1207(d)(3) ................... You may request more than 60 days to complete a performance test if additional time is needed for
reasons beyond your control.
63.1207(e)(3), 63.7(h) ..... You may request a time extension if the Administrator fails to approve or deny your test plan.
63.1207(h)(2) ................... You may request to waive current operating parameter limits during pretesting for more than 720
hours.
63.1207(f)(1)(ii)(D) ........... You may request a reduced hazardous waste feedstream analysis for organic hazardous air pollut-
ants if the reduced analysis continues to be representative of organic hazardous air pollutants in
your hazardous waste feedstreams.
63.1207(g)(2)(v) ............... You may request to operate under a wider operating range for a parameter during confirmatory per-
formance testing.
63.1207(i) ......................... You may request up to a one-year time extension for conducting a performance test (other than the
initial comprehensive performance test) to consolidate testing with other state or federally-required
testing.
63.1207(j)(4) .................... You may request more than 90 days to submit a Notification of Compliance after completing a per-
formance test if additional time is needed for reasons beyond your control.
63.1207(l)(3) .................... After failure of a performance test, you may request to burn hazardous waste for more than 720
hours and for purposes other than testing or pretesting.
63.1209(a)(5), 63.8(f) ...... You may request: (1) Approval of alternative monitoring methods for compliance with standards that
are monitored with a CEMS; and (2) approval to use a CEMS in lieu of operating parameter lim-
its.
63.1209(g)(1) ................... You may request approval of: (1) Alternatives to operating parameter monitoring requirements, ex-
cept for standards that you must monitor with a continuous emission monitoring system (CEMS)
and except for requests to use a CEMS in lieu of operating parameter limits; or (2) a waiver of an
operating parameter limit.
63.1209(l)(1) .................... You may request to extrapolate mercury feedrate limits.
63.1209(n)(2) ................... You may request to extrapolate semivolatile and low volatile metal feedrate limits.
63.1211(d) ....................... You may request to use data compression techniques to record data on a less frequent basis than
required by § 63.1209.
(b) Notification of intent to comply and 63.1212(a), which were in effect

(NIC). These procedures apply to prior to October 11, 2000, that must
sources that have not previously com- make a technology change requiring a
plied with the requirements of para- Class 1 permit modification to meet
graphs (b) and (c) of this section, and the standards of §§ 63.1219, 63.1220, and
to sources that previously complied 63.1221.
with the NIC requirements of §§ 63.1210
72
(1) You must prepare a Notification enforceable deadlines; the require-

of Intent to Comply that includes all of ments of paragraphs (b)(1)(ii)(A)
the following information: through (F) of this section must be in-
(i) General information: cluded as part of the NIC only to in-
(A) The name and address of the form the public of how you intend to
owner/operator and the source; comply with the emission standards of
(B) Whether the source is a major or this subpart.
an area source; (iii) A summary of the public meet-
(C) Waste minimization and emission ing required under paragraph (c) of this
control technique(s) being considered; section;
(D) Emission monitoring technique(s) (iv) If you intend to cease burning
you are considering; hazardous waste prior to or on the
(E) Waste minimization and emission compliance date, the requirements of
control technique(s) effectiveness; paragraphs (b)(1)(ii) and (b)(1)(iii) of
(F) A description of the evaluation this section do not apply. You must in-
criteria used or to be used to select clude in your NIC a schedule of key
waste minimization and/or emission dates for the steps to be taken to stop
control technique(s); and hazardous waste activity at your com-
(G) A general description of how you bustion unit. Key dates include the
intend to comply with the emission date for submittal of RCRA closure
standards of this subpart. documents required under subpart G,
(ii) As applicable to each source, in- part 264 or subpart G, part 265 of this
formation on key activities and esti- chapter.
mated dates for these activities that
(2) You must make a draft of the NIC
will bring the source into compliance
available for public review no later
with emission control requirements of
than 30 days prior to the public meet-
this subpart. You must include all of
ing required under paragraph (c)(1) of
the following key activities and dates
this section or no later than 9 months
in your NIC:
after the effective date of the rule if
(A) The dates by which you antici-
you intend to cease burning hazardous
pate you will develop engineering de-
waste prior to or on the compliance
signs for emission control systems or
date.
process changes for emissions;
(3) You must submit the final NIC to
(B) The date by which you anticipate
the Administrator:
you will commit internal or external
resources for installing emission con- (i) Existing units. No later than one
trol systems or making process year following the effective date of the
changes for emission control, or the emission standards of this subpart; or
date by which you will issue orders for (ii) New units. No later than 60 days
the purchase of component parts to ac- following the informal public meeting.
complish emission control or process (c) NIC public meeting and notice. (1)
changes. Prior to the submission of the NIC to
(C) The date by which you anticipate the permitting agency and:
you will submit construction applica- (i) Existing units. No later than 10
tions; months after the effective date of the
(D) The date by which you anticipate emission standards of this subpart, you
you will initiate on-site construction, must hold at least one informal meet-
installation of emission control equip- ing with the public to discuss the an-
ment, or process change; ticipated activities described in the
(E) The date by which you anticipate draft NIC for achieving compliance
you will complete on-site construction, with the emission standards of this
installation of emission control equip- subpart. You must post a sign-in sheet
ment, or process change; and or otherwise provide a voluntary op-
(F) The date by which you anticipate portunity for attendees to provide
you will achieve final compliance. The their names and addresses.
individual dates and milestones listed (ii) New units. No earlier than thirty
in paragraphs (b)(1)(ii)(A) through (F) (30) days following notice of the infor-
of this section as part of the NIC are mal public meeting, you must hold at
not requirements and therefore are not least one informal meeting with the
73
§ 63.1211 40 CFR Ch. I (7–1–16 Edition)
public to discuss the anticipated ac- (ii) A brief description of the purpose
tivities described in the draft NIC for of the meeting;
achieving compliance with the emis- (iii) A brief description of the source
sion standards of this subpart. You and proposed operations, including the
must post a sign-in sheet or otherwise address or a map (e.g., a sketched or
provide a voluntary opportunity for copied street map) of the source loca-
attendees to provide their names and tion;
addresses. (iv) A statement encouraging people
(2) You must submit a summary of to contact the source at least 72 hours
the meeting, along with the list of before the meeting if they need special
attendees and their addresses devel- access to participate in the meeting;
oped under paragraph (b)(1) of this sec- (v) A statement describing how the
tion, and copies of any written com- draft NIC (and final NIC, if requested)
ments or materials submitted at the can be obtained; and
meeting, to the Administrator as part (vi) The name, address, and telephone
of the final NIC, in accordance with number of a contact person for the
paragraph (b)(1)(iii) of this section; NIC.
(3) You must provide public notice of (5) The requirements of this para-
the NIC meeting at least 30 days prior graph do not apply to sources that in-
to the meeting and you must maintain, tend to cease burning hazardous waste
and provide to the Administrator upon prior to or on the compliance date.
request, documentation of the notice. (d) Notification of compliance. (1) The
You must provide public notice in all Notification of Compliance status re-
of the following forms: quirements of § 63.9(h) apply, except
(i) Newspaper advertisement. You must that:
publish a notice in a newspaper of gen- (i) The notification is a Notification
eral circulation in the county or equiv- of Compliance, rather than compliance
alent jurisdiction of your facility. In status;
addition, you must publish the notice (ii) The notification is required for
in newspapers of general circulation in the initial comprehensive performance
adjacent counties or equivalent juris- test and each subsequent comprehen-
diction where such publication would sive and confirmatory performance
be necessary to inform the affected test; and
public. You must publish the notice as (iii) You must postmark the notifica-
a display advertisement. tion before the close of business on the
(ii) Visible and accessible sign. You 90th day following completion of rel-
must post a notice on a clearly marked evant compliance demonstration activ-
sign at or near the source. If you place ity specified in this subpart rather
the sign on the site of the hazardous than the 60th day as required by
waste combustor, the sign must be § 63.9(h)(2)(ii).
large enough to be readable from the (2) Upon postmark of the Notification
nearest spot where the public would of Compliance, the operating param-
pass by the site. eter limits identified in the Notifica-
(iii) Broadcast media announcement. tion of Compliance, as applicable, shall
You must broadcast a notice at least be complied with, the limits identified
once on at least one local radio station in the Documentation of Compliance or
or television station. a previous Notification of Compliance
are no longer applicable.
(iv) Notice to the facility mailing list.
(3) The Notification of Compliance
You must provide a copy of the notice
requirements of § 63.1207(j) also apply.
to the facility mailing list in accord-
ance with § 124.10(c)(1)(ix) of this chap- [64 FR 53038, Sept. 30, 1999, as amended at 64
ter. FR 63211, Nov. 19, 1999; 65 FR 42301, July 10,
(4) You must include all of the fol- 2000; 66 FR 24272, May 14, 2001; 67 FR 6992,
Feb. 14, 2002; 70 FR 59552, Oct. 12, 2005; 73 FR
lowing in the notices required under 18982, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008]
paragraph (c)(3) of this section:
(i) The date, time, and location of the § 63.1211 What are the recordkeeping
meeting; and reporting requirements?
74
(a) Summary of reporting requirements. You must submit the following reports to
the Administrator:
Reference Report
63.10(d)(4) ................................................................. Compliance progress reports, if required as a condition of an extension of

the compliance date granted under § 63.6(i).
63.10(d)(5)(i) .............................................................. Periodic startup, shutdown, and malfunction reports.
63.10(d)(5)(ii) ............................................................. Immediate startup, shutdown, and malfunction reports.
63.10(e)(3) ................................................................. Excessive emissions and continuous monitoring system performance re-
port and summary report.
63.1206(c)(2)(ii)(B) .................................................... Startup, shutdown, and malfunction plan.
63.1206(c)(3)(vi) ........................................................ Excessive exceedances reports.
63.1206(c)(4)(iv) ........................................................ Emergency safety vent opening reports.
(b) Summary of recordkeeping requirements. You must retain the following in the
operating record:
Reference Document, Data, or Information
63.1200, 63.10(b) and (c) General. Information required to document and maintain compliance with the regulations of Subpart
EEE, including data recorded by continuous monitoring systems (CMS), and copies of all notifica-
tions, reports, plans, and other documents submitted to the Administrator.
63.1204(d)(1)(ii), Documentation of mode of operation changes for cement kilns with in-line raw mills.
63.1220(d)(1)(ii).
63.1204(d)(2)(ii), Documentation of compliance with the emission averaging requirements for cement kilns with in-line
63.1220(d)(2)(ii). raw mills.
63.1204(e)(2)(ii), Documentation of compliance with the emission averaging requirements for preheater or preheater/
63.1220(e)(2)(ii). precalciner kilns with dual stacks.
63.1206(b)(1)(ii) ............... If you elect to comply with all applicable requirements and standards promulgated under authority of
the Clean Air Act, including Sections 112 and 129, in lieu of the requirements of Subpart EEE
when not burning hazardous waste, you must document in the operating record that you are in
compliance with those requirements.
63.1206(b)(5)(ii) ............... Documentation that a change will not adversely affect compliance with the emission standards or
operating requirements.
63.1206(b)(11) ................. Calculation of hazardous waste residence time.
63.1206(c)(2) ................... Startup, shutdown, and malfunction plan.
63.1206(c)(2)(v)(A) .......... Documentation of your investigation and evaluation of excessive exceedances during malfunctions.
63.1206(c)(3)(v) ............... Corrective measures for any automatic waste feed cutoff that results in an exceedance of an emis-
sion standard or operating parameter limit.
63.1206(c)(3)(vii) ............. Documentation and results of the automatic waste feed cutoff operability testing.
63.1206(c)(4)(ii) ............... Emergency safety vent operating plan.
63.1206(c)(4)(iii) .............. Corrective measures for any emergency safety vent opening.
63.1206(c)(5)(ii) ............... Method used for control of combustion system leaks.
63.1206(c)(6) ................... Operator training and certification program.
63.1206(c)(7)(i)(D) ........... Operation and maintenance plan.
63.1209(c)(2) ................... Feedstream analysis plan.
63.1209(k)(6)(iii), Documentation that a substitute activated carbon, dioxin/furan formation reaction inhibitor, or dry
63.1209(k)(7)(ii), scrubber sorbent will provide the same level of control as the original material.
63.1209(k)(9)(ii),
63.1209(o)(4)(iii).
63.1209(k)(7)(i)(C) ........... Results of carbon bed performance monitoring.
63.1209(q) ....................... Documentation of changes in modes of operation.
63.1211(c) ........................ Documentation of compliance.
(c) Documentation of compliance. (1) standards of §§ 63.1203, 63.1204, and

By the compliance date, you must de- 63.1205 are no longer subject to compli-
velop and include in the operating ance with the previously applicable No-
record a Documentation of Compli- tification of Compliance.
ance. You are not subject to this re- (2) The Documentation of Compli-
quirement, however, if you submit a ance must identify the applicable emis-
Notification of Compliance under sion standards under this subpart and
§ 63.1207(j) prior to the compliance date. the limits on the operating parameters
Upon inclusion of the Documentation under § 63.1209 that will ensure compli-
of Compliance in the operating record, ance with those emission standards.
hazardous waste burning incinerators, (3) You must include a signed and
cement kilns, and lightweight aggre- dated certification in the Documenta-
gate kilns regulated under the interim tion of Compliance that:
75
§ 63.1212 40 CFR Ch. I (7–1–16 Edition)
(i) Required CEMs and CMS are in- (ii) A data compression limit defined
stalled, calibrated, and continuously as the closest level to an operating pa-
operating in compliance with the re- rameter limit or emission standard at
quirements of this subpart; and which reduced data recording is al-
(ii) Based on an engineering evalua- lowed.
tion prepared under your direction or (A) Within this level and the oper-
supervision in accordance with a sys- ating parameter limit or emission
tem designed to ensure that qualified standard, you must record each one-
personnel properly gathered and evalu- minute average.
ated the information and supporting (B) The data compression limit
documentation, and considering at a should reflect a level at which you are
minimum the design, operation, and unlikely to exceed the specific oper-
maintenance characteristics of the ating parameter limit or emission
combustor and emissions control standard, considering its averaging pe-
equipment, the types, quantities, and riod, with the addition of a new one-
characteristics of feedstreams, and minute average.
available emissions data:
(A) You are in compliance with the
FR 63212, Nov. 19, 1999; 65 FR 42301, July 10,
emission standards of this subpart; and 2000; 66 FR 24272, May 14, 2001; 66 FR 35106,
(B) The limits on the operating pa- July 3, 2001; 67 FR 6993, Feb. 14, 2002; 70 FR
rameters under § 63.1209 ensure compli- 59554, Oct. 12, 2005]
ance with the emission standards of
this subpart. OTHER
(4) You must comply with the emis-
sion standards and operating param- § 63.1212 What are the other require-
eter limits specified in the Documenta- ments pertaining to the NIC?
tion of Compliance. (a) Certification of intent to comply.
(d) Data compression. You may submit The Notice of Intent to Comply (NIC)
a written request to the Administrator must contain the following certifi-
for approval to use data compression cation signed and dated by a respon-
techniques to record data from CMS, sible official as defined under § 63.2 of
including CEMS, on a frequency less this chapter: I certify under penalty of
than that required by § 63.1209. You law that I have personally examined
must submit the request for review and and am familiar with the information
approval as part of the comprehensive submitted in this document and all at-
performance test plan. tachments and that, based on my in-
(1) You must record a data value at quiry of those individuals immediately
least once each ten minutes. responsible for obtaining the informa-
(2) For each CEMS or operating pa- tion, I believe that the information is
rameter for which you request to use true, accurate, and complete. I am
data compression techniques, you must aware that there are significant pen-
recommend: alties for submitting false information,
(i) A fluctuation limit that defines including the possibility of fine and
the maximum permissible deviation of imprisonment.
a new data value from a previously (b) New units. Any source that files a
generated value without requiring you RCRA permit application or permit
to revert to recording each one-minute modification request for construction
value. of a hazardous waste combustion unit
(A) If you exceed a fluctuation limit, after October 12, 2005 must:
you must record each one-minute value (1) Prepare a draft NIC pursuant to
for a period of time not less than ten § 63.1210(b) and make it available to the
minutes. public upon issuance of the notice of
(B) If neither the fluctuation limit public meeting pursuant to
nor the data compression limit are ex- § 63.1210(c)(3);
ceeded during that period of time, you (2) Prepare a draft comprehensive
may reinitiate recording data values performance test plan pursuant to the
on a frequency of at least once each ten requirements of § 63.1207 and make it
minutes; and available for public review upon
76
issuance of the notice of NIC public (5) The Administrator shall require
meeting; the source to provide a written notice
(3) Provide notice to the public of a about the information repository to all
pre-application meeting pursuant to individuals on the source mailing list.
§ 124.31 of this chapter or notice to the (6) The source shall be responsible for
public of a permit modification request maintaining and updating the reposi-
pursuant to § 270.42 of this chapter; tory with appropriate information
(4) Hold an informal public meeting throughout a period specified by the
[pursuant to § 63.1210(c)(1) and (c)(2)] no Administrator. The Administrator may
earlier than 30 days following notice of close the repository at his or her dis-
the NIC public meeting and notice of cretion based on the considerations in
the pre-application meeting or notice paragraph (c)(2) of this section.
of the permit modification request to
discuss anticipated activities described [70 FR 59555, Oct. 12, 2005, as amended at 73
in the draft NIC and pre-application or FR 18982, Apr. 8, 2008]
permit modification request for achiev-
§ 63.1213 How can the compliance date
ing compliance with the emission
be extended to install pollution pre-
standards of this subpart; and vention or waste minimization con-
(5) Submit a final NIC pursuant to trols?
§ 63.1210(b)(3).
(c) Information Repository specific to (a) Applicability. You may request
new combustion units. (1) Any source from the Administrator or State with
that files a RCRA permit application an approved Title V program an exten-
or modification request for construc- sion of the compliance date of up to
tion of a new hazardous waste combus- one year. An extension may be granted
tion unit after October 12, 2005 may be if you can reasonably document that
required to establish an information the installation of pollution prevention
repository if deemed appropriate. or waste minimization measures will
(2) The Administrator may assess the significantly reduce the amount and/or
need, on a case-by-case basis for an in- toxicity of hazardous wastes entering
formation repository. When assessing the feedstream(s) of the hazardous
the need for a repository, the Adminis- waste combustor(s), and that you could
trator shall consider the level of public not install the necessary control meas-
interest, the presence of an existing re- ures and comply with the emission
pository, and any information avail- standards and operating requirements
able via the New Source Review and of this subpart by the compliance date.
Title V permit processes. If the Admin- (b) Requirements for requesting an ex-
istrator determines a need for a reposi- tension. (1) You must make your re-
tory, then the Administrator shall no- quests for an (up to) one-year extension
tify the facility that it must establish in writing in accordance with
and maintain an information reposi- § 63.6(i)(4)(B) and (C). The request must
tory. contain the following information:
(3) The information repository shall (i) A description of pollution preven-
contain all documents, reports, data, tion or waste minimization controls
and information deemed necessary by that, when installed, will significantly
the Administrator. The Administrator reduce the amount and/or toxicity of
shall have the discretion to limit the hazardous wastes entering the
contents of the repository.
feedstream(s) of the hazardous waste
(4) The information repository shall combustor(s). Pollution prevention or
be located and maintained at a site
waste minimization measures may in-
chosen by the source. If the Adminis-
clude: equipment or technology modi-
trator finds the site unsuitable for the
fications, reformulation or redesign of
purposes and persons for which it was
established, due to problems with loca- products, substitution of raw mate-
tion, hours of availability, access, or rials, improvements in work practices,
other relevant considerations, then the maintenance, training, inventory con-

Administrator shall specify a more ap- trol, or recycling practices conducted
propriate site. as defined in § 261.1(c) of this chapter;
77
§ 63.1214 40 CFR Ch. I (7–1–16 Edition)
(ii) A description of other pollution writing in accordance with

controls to be installed that are nec- §§ 63.6(i)(10)(i) through 63.6(i)(10)(v)(A).
essary to comply with the emission
[57 FR 61992, Dec. 29, 1992, as amended at 67
standards and operating requirements;
FR 6994, Feb. 14, 2002; 67 FR 77691, Dec. 19,
(iii) A reduction goal or estimate of 2002]
the annual reductions in quantity and/
or toxicity of hazardous waste(s) enter- § 63.1214 Implementation and enforce-
ing combustion feedstream(s) that you ment.
will achieve by installing the proposed
(a) This subpart can be implemented
pollution prevention or waste mini-
and enforced by the U.S. EPA, or a del-
mization measures;
egated authority such as the applicable
(iv) A comparison of reductions in
State, local, or Tribal agency. If the
the amounts and/or toxicity of haz-
U.S. EPA Administrator has delegated
ardous wastes combusted after instal-
lation of pollution prevention or waste authority to a State, local, or Tribal
minimization measures to the amounts agency, then that agency, in addition
and/or toxicity of hazardous wastes to the U.S. EPA, has the authority to
combusted prior to the installation of implement and enforce this subpart.
these measures. If the difference is less Contact the applicable U.S. EPA Re-
than a fifteen percent reduction, in- gional Office to find out if this subpart
clude a comparison to pollution pre- is delegated to a State, local, or Tribal
vention and waste minimization reduc- agency.
tions recorded during the previous five (b) In delegating implementation and
years; enforcement authority of this subpart
(v) Reasonable documentation that to a State, local, or Tribal agency
installation of the pollution prevention under subpart E of this part, the au-
or waste minimization changes will not thorities contained in paragraph (c) of
result in a net increase (except for doc- this section are retained by the Admin-
umented increases in production) of istrator of U.S. EPA and cannot be
hazardous constituents released to the transferred to the State, local, or Trib-
environment through other emissions, al agency.
wastes or effluents; (c) The authorities that cannot be
(vi) Reasonable documentation that delegated to State, local, or Tribal
the design and installation of waste agencies are as specified in paragraphs
minimization and other measures that (c)(1) through (4) of this section.
are necessary for compliance with the (1) Approval of alternatives to re-
emission standards and operating requirements in §§ 63.1200, 63.1203, 63.1204,
quirements of this subpart cannot oth- 63.1205, 63.1206(a), 63.1215, 63.1216,
erwise be installed within the three 63.1217, 63.1218, 63.1219, 63.1220, and
year compliance period, and 63.1221.
(vii) The information required in (2) Approval of major alternatives to
§ 63.6(i)(6)(i)(B) through (D). test methods under §§ 63.7(e)(2)(ii) and
(2) You may enclose documentation (f), 63.1208(b), and 63.1209(a)(1), as de-
prepared under an existing State-re- fined under § 63.90, and as required in
quired pollution prevention program
this subpart.
that contains the information pre-
scribed in paragraph (b) of this section (3) Approval of major alternatives to
with a request for extension in lieu of monitoring under §§ 63.8(f) and
complying with the time extension re- 63.1209(a)(5), as defined under § 63.90,
quirements of that paragraph. and as required in this subpart.
(c) Approval of request for extension of (4) Approval of major alternatives to
compliance date. Based on the informa- recordkeeping and reporting under
tion provided in any request made §§ 63.10(f) and 63.1211(a) through (c), as
under paragraph (a) of this section, the defined under § 63.90, and as required in
Administrator or State with an ap- this subpart.
proved title V program may grant an [68 FR 37356, June 23, 2003, as amended at 70
extension of the compliance date of FR 59555, Oct. 12, 2005]
this subpart. The extension will be in
78
§ 63.1215 What are the health-based requirements under paragraph (e) of

compliance alternatives for total this section;
chlorine? (vii) Comply with compliance moni-
(a) General—(1) Overview. You may es- toring requirements, including estab-
tablish and comply with health-based lishing feedrate limits on total chlo-
compliance alternatives for total chlorine and chloride, and operating pa-
rine under the procedures prescribed in rameter limits on emission control
this section for your hazardous waste equipment, as prescribed by paragraph
combustors other than hydrochloric (f) of this section; and
acid production furnaces. You may (viii) Comply with the requirements
comply with these health-based com- for changes, as prescribed by paragraph
pliance alternatives in lieu of the emis- (h) of this section.
sion standards for total chlorine pro- (2) Definitions. In addition to the defi-
vided under §§ 63.1216, 63.1217, 63.1219, nitions under § 63.1201, the following
63.1220, and 63.1221. To identify and definitions apply to this section:
comply with the limits, you must: 1–Hour Average HCl-Equivalent Emis-
(i) Identify a total chlorine emission sion Rate means the HCl-equivalent
concentration (ppmv) expressed as emission rate (lb/hr) determined by
chloride (Cl(¥)) equivalent for each on equating the toxicity of chlorine to
site hazardous waste combustor. You HCl using aRELs as the health risk
may select total chlorine emission con- metric for acute exposure.
centrations as you choose to dem- 1–Hour Average HCl-Equivalent Emis-
onstrate eligibility for the risk-based
sion Rate Limit means the HCl-equiva-
limits under this section, except as
lent emission rate (lb/hr) determined
provided by paragraph (b)(7) of this sec-
by equating the toxicity of chlorine to
tion;
HCl using aRELs as the health risk
(ii) Apportion the total chlorine
metric for acute exposure and which
emission concentration between HCl
ensures that maximum 1-hour average
and Cl2 according to paragraph (b)(6)(i)
ambient concentrations of HCl-equiva-
of this section, and calculate HCl and
Cl2 emission rates (lb/hr) using the gas lents do not exceed a Hazard Index of
flowrate and other parameters from 1.0, rounded to the nearest tenths dec-
the most recent regulatory compliance imal place (0.1), at an off-site receptor
test. location.
(iii) Calculate the annual average Acute Reference Exposure Level (aREL)
HCl-equivalent emission rate as pre- means health thresholds below which
scribed in paragraph (b)(2) of this sec- there would be no adverse health ef-
tion. fects for greater than once in a lifetime
(iv) Perform an eligibility dem- exposures of one hour. ARELs are de-
onstration to determine if your HCl- veloped by the California Office of
equivalent emission rate meets the na- Health Hazard Assessment and are
tional exposure standard and thus is available at http://www.oehha.ca.gov/air/
below the annual average HCl-equiva- acutelrels/acuterel.html.
lent emission rate limit, as prescribed Annual Average HCl-Equivalent Emis-
by paragraph (c) of this section; sion Rate means the HCl-equivalent
(v) Submit your eligibility dem- emission rate (lb/hr) determined by
onstration for review and approval, as equating the toxicity of chlorine to
prescribed by paragraph (e) of this sec- HCl using RfCs as the health risk met-
tion, which must include information ric for long-term exposure.
to ensure that the 1-hour average HCl- Annual Average HCl-Equivalent Emis-
equivalent emission rate limit is not sion Rate Limit means the HCl-equiva-
exceeded, as prescribed by paragraph lent emission rate (lb/hr) determined
(d) of this section; by equating the toxicity of chlorine to
(vi) Demonstrate compliance with HCl using RfCs as the health risk met-
the annual average HCl-equivalent ric for long-term exposure and which
emission rate limit during the com- ensures that maximum annual average
prehensive performance test, as pre- ambient concentrations of HCl equiva-
scribed by the testing and monitoring lents do not exceed a Hazard Index of
79
§ 63.1215 40 CFR Ch. I (7–1–16 Edition)
1.0, rounded to the nearest tenths dec- RfCCl2 is the reference concentration of chlo-
imal place (0.1), at an off-site receptor rine
location. (3) 1-hour average rates. You must cal-
Hazard Index (HI) means the sum of culate 1-hour average toxicity-weight-
more than one Hazard Quotient for ed HCl-equivalent emission rates for
multiple substances and/or multiple ex- each combustor as follows:
posure pathways. In this section, the
Hazard Index is the sum of the Hazard ERSTtw = ERHCl + ERCl2 × (aRELHCl/
Quotients for HCl and chlorine. aRELCl2)
Hazard Quotient (HQ) means the ratio Where:
of the predicted media concentration of ERSTtw is the 1-hour average HCl-toxicity-
a pollutant to the media concentration weighted emission rate (HCl-equivalent
at which no adverse effects are ex- emission rate) considering 1-hour (short-
pected. For chronic inhalation expo- term) exposures, lb/hr
sures, the HQ is calculated under this ERHCl is the emission rate of HCl in lbs/hr
section as the air concentration di- ERCl2 is the emission rate of chlorine in lbs/
hr
vided by the RfC. For acute inhalation
aRELHCl is the aREL for HCl
exposures, the HQ is calculated under aRELCl2 is the aREL for chlorine
this section as the air concentration
divided by the aREL. (4) You must use the RfC values for
Look-up table analysis means a risk hydrogen chloride and chlorine found
screening analysis based on comparing at http://epa.gov/ttn/atw/toxsource/ sum-
the HCl-equivalent emission rate from mary.html.
the affected source to the appropriate (5) You must use the aREL values for
HCl-equivalent emission rate limit hydrogen chloride and chlorine found
specified in Tables 1 through 4 of this at http://www.oehha.ca.gov/air/
section. acutelrels/acuterel.html.
Reference Concentration (RfC) means (6) Cl2HCl ratios—(i) Ratio for calcu-
an estimate (with uncertainty span- lating annual average HCl-equivalent
ning perhaps an order of magnitude) of emission rates. (A) To calculate the an-
a continuous inhalation exposure to nual average HCl-equivalent emission
the human population (including sen- rate (lb/hr) for each combustor, you
sitive subgroups) that is likely to be must apportion the total chlorine
without an appreciable risk of delete- emission concentration (ppmv chloride
rious effects during a lifetime. It can (Cl(¥)) equivalent) between HCl and
be derived from various types of human chlorine according to the historical av-
or animal data, with uncertainty fac- erage Cl2/HCl volumetric ratio for all
tors generally applied to reflect limita- regulatory compliance tests.
tions of the data used. (B) You must calculate HCl and Cl2
(b) HCl-equivalent emission rates. (1) emission rates (lb/hr) using the appor-
You must express total chlorine emis- tioned emission concentrations and the
sion rates for each hazardous waste gas flowrate and other parameters
combustor as HCl-equivalent emission from the most recent regulatory com-
rates. pliance test.
(2) Annual average rates. You must (C) You must calculate the annual
calculate annual average toxicity- average HCl-equivalent emission rate
weighted HCl-equivalent emission using these HCl and Cl2 emission rates
rates for each combustor as follows: and the equation in paragraph (b)(2) of
this section.
ERLTtw = ERHCl + ERCl2 × (RfCHCl/RfCCl2) (ii) Ratio for calculating 1-hour average
Where:
HCl-equivalent emission rates. (A) To cal-
culate the 1-hour average HCl-equiva-
ERLTtw is the annual average HCl toxicity-
lent emission rate for each combustor
weighted emission rate (HCl-equivalent
emission rate) considering long-term ex- as a criterion for you to determine
posures, lb/hr under paragraph (d) of this section if
ERHCl is the emission rate of HCl in lbs/hr an hourly rolling average feedrate
ERCl2 is the emission rate of chlorine in lbs/ limit on total chlorine and chloride
hr may be waived, you must apportion the
RfCHCl is the reference concentration of HCl total chlorine emission concentration
80
(ppmv chloride (Cl(¥)) equivalent) be- you believe that the Cl2/HCl volumetric
tween HCl and chlorine according to ratio for one or more historical regu-
the historical highest Cl2/HCl volu- latory compliance tests is not rep-
metric ratio for all regulatory compli- resentative of the current ratio, you
ance tests. may request that the permitting au-
(B) You must calculate HCl and Cl2 thority allow you to screen those ra-
emission rates (lb/hr) using the appor- tios from the analysis of historical ra-
tioned emission concentrations and the tios.
gas flowrate and other parameters (B) If the permitting authority be-
from the most recent regulatory com- lieves that too few historical ratios are
pliance test. available to calculate a representative
(C) You must calculate the 1-hour av- average ratio or establish a maximum
erage HCl-equivalent emission rate ratio, the permitting authority may re-
using these HCl and Cl2 emission rates quire you to conduct periodic testing
and the equation in paragraph (b)(3) of to establish representative ratios.
this section. (v) Updating Cl2/HCl ratios. You must
(iii) Ratios for new sources. (A) You include the Cl2/HCl volumetric ratio
must use engineering information to demonstrated during each performance
estimate the Cl2/HCl volumetric ratio test in your data base of historical Cl2/
for a new source for the initial eligi- HCl ratios to update the ratios you es-
bility demonstration. tablish under paragraphs (b)(6)(i) and
(B) You must use the Cl2/HCl volu- (ii) of this section for subsequent cal-
metric ratio demonstrated during the culations of the annual average and 1-
initial comprehensive performance test hour average HCl-equivalent emission
to demonstrate in the Notification of rates.
Compliance that your HCl-equivalent (7) Emission rates are capped. The hy-
emission rate does not exceed your drogen chloride and chlorine emission
HCl-equivalent emission rate limit. rates you use to calculate the HCl-
(C) When approving the test plan for equivalent emission rate limit for in-
the initial comprehensive performance cinerators, cement kilns, and light-
test, the permitting authority will es- weight aggregate kilns must not result
tablish a periodic testing requirement, in total chlorine emission concentra-
such as every 3 months for 1 year, to tions exceeding:
establish a record of representative Cl2/ (i) For incinerators that were exist-
HCl volumetric ratios. ing sources on April 19, 1996: 77 parts
(1) You must revise your HCl-equiva- per million by volume, combined emis-
lent emission rates and HCl-equivalent sions, expressed as chloride (Cl(¥))
emission rate limits after each such equivalent, dry basis and corrected to 7
test using the procedures prescribed in percent oxygen;
paragraphs (b)(6)(i) and (ii) of this sec- (ii) For incinerators that are new or
tion. reconstructed sources after April 19,
(2) If you no longer are eligible for 1996: 21 parts per million by volume,
the health-based compliance alter- combined emissions, expressed as chlo-
native, you must notify the permitting ride (Cl(¥)) equivalent, dry basis and
authority immediately and either: corrected to 7 percent oxygen;
(i) Submit a revised eligibility dem- (iii) For cement kilns that were ex-
onstration requesting lower HCl-equiv- isting sources on April 19, 1996: 130
alent emission rate limits, establishing parts per million by volume, combined
lower HCl-equivalent emission rates, emissions, expressed as chloride (Cl(¥))
and establishing by downward extrapo- equivalent, dry basis and corrected to 7
lation lower feedrate limits for total percent oxygen;
chlorine and chloride; or (iv) For cement kilns that are new or
(ii) Request a compliance schedule of reconstructed sources after April 19,
up to three years to demonstrate com- 1996: 86 parts per million by volume,
pliance with the emission standards combined emissions, expressed as chlo-
under §§ 63.1216, 63.1217, 63.1219, 63.1220, ride (Cl(¥)) equivalent, dry basis and
and 63.1221. corrected to 7 percent oxygen;

(iv) Unrepresentative or inadequate his- (v) For lightweight aggregate kilns
torical Cl2/HCl volumetric ratios. (A) If that were existing sources on April 19,
81
§ 63.1215 40 CFR Ch. I (7–1–16 Edition)
1996: 600 parts per million by volume, appropriate value in the look-up table
combined emissions, expressed as chlo- determined under paragraph (c)(3) of
ride (Cl(¥)) equivalent, dry basis and this section; or
corrected to 7 percent oxygen; (B) The annual average HCl-equiva-
(vi) For lightweight aggregate kilns lent emission rate for each on-site haz-
that are new or reconstructed sources ardous waste combustor is below the
after April 19, 1996: 600 parts per mil- annual average HCl-equivalent emis-
lion by volume, combined emissions, sion rate limit you calculate based on
expressed as chloride (Cl(¥)) equivalent, a site-specific compliance demonstra-
dry basis and corrected to 7 percent ox- tion under paragraph (c)(4) of this sec-
ygen. tion.
(c) Eligibility demonstration—(1) Gen- (3) Look-up table analysis. Look-up ta-
eral. (i) You must perform an eligibility bles for the eligibility demonstration
demonstration to determine whether are provided as Tables 1 and 2 to this
the total chlorine emission rates you section.
select for each on-site hazardous waste (i) Table 1 presents annual average
combustor meet the national exposure HCl-equivalent emission rate limits for
standards using either a look-up table
sources located in flat terrain. For pur-
analysis prescribed by paragraph (c)(3)
poses of this analysis, flat terrain is
of this section, or a site-specific com-
terrain that rises to a level not exceed-
pliance demonstration prescribed by
ing one half the stack height within a
paragraph (c)(4) of this section.
distance of 50 stack heights.
(ii) You must also determine in your
eligibility demonstration whether each (ii) Table 2 presents annual average
combustor may exceed the 1-hour HCl- HCl-equivalent emission rate limits for
equivalent emission rate limit absent sources located in simple elevated ter-
an hourly rolling average limit on the rain. For purposes of this analysis,
feedrate of total chlorine and chloride, simple elevated terrain is terrain that
as provided by paragraph (d) of this rises to a level exceeding one half the
section. stack height, but that does not exceed
(2) Definition of eligibility. (i) Eligi- the stack height, within a distance of
bility for the risk-based total chlorine 50 stack heights.
standard is determined by comparing (iii) To determine the annual average
the annual average HCl-equivalent HCl-equivalent emission rate limit for
emission rate for the total chlorine a source from the look-up table, you
emission rate you select for each com- must use the stack height and stack di-
bustor to the annual average HCl- ameter for your hazardous waste com-
equivalent emission rate limit. bustors and the distance between the
(ii) The annual average HCl-equiva- stack and the property boundary.
lent emission rate limit ensures that (iv) If any of these values for stack
the Hazard Index for chronic exposure height, stack diameter, and distance to
from HCl and chlorine emissions from nearest property boundary do not
all on-site hazardous waste combustors match the exact values in the look-up
is less than or equal to 1.0, rounded to table, you must use the next lowest
the nearest tenths decimal place (0.1), table value.
for the actual individual most exposed (v) Adjusted HCl-equivalent emission
to the facility’s emissions, considering rate limit for multiple on-site combustors.
off-site locations where people reside (A) If you have more than one haz-
and where people congregate for work, ardous waste combustor on site, the
school, or recreation. sum across all hazardous waste com-
(iii) Your facility is eligible for the bustors of the ratio of the adjusted
health-based compliance alternative HCl-equivalent emission rate limit to
for total chlorine if either: the HCl-equivalent emission rate limit
(A) The annual average HCl-equiva- provided by Tables 1 or 2 cannot exceed
lent emission rate for each on-site haz- 1.0, according to the following equa-
ardous waste combustor is below the tion:
82
n
HC1-Equivalent Emission Rate Limit Adjusted i
∑i =1 HCI-Equivalent Emission Rate Limit Tablei
≤ 1.0
Where: (C) Use site-specific, quality-assured

i = number of on-site hazardous waste com- data wherever possible;
bustors; (D) Use health-protective default as-
HCl-Equivalent Emission Rate Limit Ad- sumptions wherever site-specific data
justedi means the apportioned, allowable are not available, and:
HCl-equivalent emission rate limit for (E) Contain adequate documentation
combustor i, and
of the data and methods used for the
HCl-Equivalent Emission Rate Limit Tablei
means the HCl-equivalent emission rate
assessment so that it is transparent
limit from Table 1 or 2 to § 63.1215 for and can be reproduced by an experi-
combustor i. enced risk assessor and emissions
measurement expert.
(B) The adjusted HCl-equivalent (iv) Your site-specific compliance
emission rate limit becomes the HCl- demonstration need not:
equivalent emission rate limit. (A) Assume any attenuation of expo-
(4) Site-specific compliance demonstra- sure concentrations due to the penetra-
tion. (i) You may use any scientifically- tion of outdoor pollutants into indoor
accepted peer-reviewed risk assessment exposure areas;
methodology for your site-specific (B) Assume any reaction or deposi-
compliance demonstration to calculate tion of the emitted pollutants during
an annual average HCl-equivalent transport from the emission point to
emission rate limit for each on-site the point of exposure.
hazardous waste combustor. An exam- (d) Assurance that the 1-hour HCl-
ple of one approach for performing the equivalent emission rate limit will not be
demonstration for air toxics can be exceeded. To ensure that the 1-hour
found in the EPA’s ‘‘Air Toxics Risk HCl-equivalent emission rate limit will
Assessment Reference Library, Volume not be exceeded when complying with
2, Site-Specific Risk Assessment Tech- the annual average HCl-equivalent
nical Resource Document,’’ which may emission rate limit, you must establish
be obtained through the EPA’s Air a 1-hour average HCl-equivalent emis-
Toxics Web site at http://www.epa.gov/ sion rate for each combustor, establish
ttn/fera/risklatralmain.html. a 1-hour average HCl-equivalent emis-
(ii) The annual average HCl-equiva- sion rate limit for each combustor, and
lent emission rate limit is the HCl- consider site-specific factors including
equivalent emission rate that ensures prescribed criteria to determine if the
that the Hazard Index associated with 1-hour average HCl-equivalent emis-
maximum annual average exposures is sion rate limit may be exceeded absent
not greater than 1.0 rounded to the an hourly rolling average limit on the
nearest tenths decimal place (0.1). feedrate of total chlorine and chloride.
(iii) To determine the annual average If the 1-hour average HCl-equivalent
HCl-equivalent emission rate limit, emission rate limit may be exceeded,
your site-specific compliance dem- you must establish an hourly rolling
onstration must, at a minimum: average feedrate limit on total chlo-
(A) Estimate long-term inhalation rine as provided by paragraph (f)(3) of
exposures through the estimation of this section.
annual or multi-year average ambient (1) 1-hour average HCl-equivalent emis-
concentrations; sion rate. You must calculate the 1-
(B) Estimate the inhalation exposure hour average HCl-equivalent emission
for the actual individual most exposed rate from the total chlorine emission
to the facility’s emissions from haz- concentration you select for each
ardous waste combustors, considering source as prescribed in paragraph
off-site locations where people reside (b)(6)(ii)(C) of this section.

and where people congregate for work, (2) 1-hour average HCl-equivalent emis-
school, or recreation; sion rate limit. You must establish the
83
ER12OC05.003</GPH>
§ 63.1215 40 CFR Ch. I (7–1–16 Edition)
1-hour average HCl-equivalent emis- tablished under paragraph (c)(4)(i) of

sion rate limit for each affected source this section.
using either a look-up table analysis or (e) Review and approval of eligibility
site-specific analysis: demonstrations—(1) Content of the eligi-
(i) Look-up table analysis. Look-up ta- bility demonstration—(i) General. The
bles are provided for 1-hour average eligibility demonstration must include
HCl-equivalent emission rate limits as the following information, at a min-
Table 3 and Table 4 to this section. imum:
Table 3 provides limits for facilities lo- (A) Identification of each hazardous
cated in flat terrain. Table 4 provides waste combustor combustion gas emis-
limits for facilities located in simple sion point (e.g., generally, the flue gas
elevated terrain. You must use the Ta- stack);
bles to establish 1-hour average HCl- (B) The maximum and average capac-
equivalent emission rate limits as pre- ity at which each combustor will oper-
scribed in paragraphs (c)(3)(iii) through ate, and the maximum rated capacity
(c)(3)(v) of this section for annual aver- for each combustor, using the metric of
age HCl-equivalent emission rate lim- stack gas volume (under both actual
its. and standard conditions) emitted per
(ii) Site-specific analysis. The 1-hour unit of time, as well as any other met-
average HCl-equivalent emission rate ric that is appropriate for the com-
limit is the HCl-equivalent emission bustor (e.g., million Btu/hr heat input
rate that ensures that the Hazard Index for boilers; tons of dry raw material
associated with maximum 1-hour aver- feed/hour for cement kilns);
age exposures is not greater than 1.0 (C) Stack parameters for each com-
rounded to the nearest tenths decimal bustor, including, but not limited to
place (0.1). You must follow the risk as- stack height, stack diameter, stack gas
sessment procedures under paragraph temperature, and stack gas exit veloc-
(c)(4) of this section to estimate short- ity;
term inhalation exposures through the (D) Plot plan showing all stack emis-
estimation of maximum 1-hour average sion points, nearby residences and
ambient concentrations. property boundary line;
(3) Criteria for determining whether the (E) Identification of any stack gas
1-hour HCl-equivalent emission rate may control devices used to reduce emis-
be exceeded absent an hourly rolling aver- sions from each combustor;
age limit on the feedrate of total chlorine (F) Identification of the RfC values
and chloride. An hourly rolling average used to calculate annual average HCl-
feedrate limit on total chlorine and equivalent emission rates and the
chloride is waived if you determine aREL values used to calculate 1-hour
considering the criteria listed below average HCl-equivalent emission rates;
that the long-term feedrate limit (and (G) Calculations used to determine
averaging period) established under the annual average and 1-hour average
paragraph (c)(4)(i) of this section will HCl-equivalent emission rates and rate
also ensure that the 1-hour average limits, including calculation of the Cl2/
HCl-equivalent emission rate will not HCl ratios as prescribed by paragraph
exceed the 1-hour average HCl-equiva- (b)(6) of this section;
lent emission rate limit you calculate (ii) Additional content to implement the
for each combustor. annual average HCl-equivalent emission
(i) The ratio of the 1-hour average rate limit. You must include the fol-
HCl-equivalent emission rate based on lowing in your eligibility demonstra-
the total chlorine emission rate you se- tion to implement the annual average
lect for each hazardous waste com- HCl-equivalent emission rate limit:
bustor to the 1-hour average HCl-equiv- (A) For incinerators, cement kilns,
alent emission rate limit for the com- and lightweight aggregate kilns, cal-
bustor; and culations to confirm that the annual
(ii) The potential for the source to average HCl-equivalent emission rate
vary total chlorine and chloride that you calculate from the total chlo-
feedrates substantially over the aver- rine emission rate you select for each
aging period for the feedrate limit es- combustor does not exceed the limits
84
provided by paragraph (b)(7) of this sec- up table analysis to establish HCl-

tion; equivalent emission rate limits, your
(B) Comparison of the annual average eligibility demonstration must also
HCl-equivalent emission rate limit for contain, at a minimum, the following:
each combustor to the annual average (A) Documentation that the facility
HCl-equivalent emission rate for the is located in either flat or simple ele-
total chlorine emission rate you select vated terrain; and
for each combustor; (B) For facilities with more than one
(C) The annual average HCl-equiva- on-site hazardous waste combustor,
lent emission rate limit for each haz- documentation that the sum of the ra-
ardous waste combustor, and the limits tios for all such combustors of the HCl-
on operating parameters required equivalent emission rate to the HCl-
under paragraph (g)(1) of this section; equivalent emission rate limit does not
(D) Determination of the long-term exceed 1.0.
chlorine feedrate limit, including the (v) Additional content of a site-specific
total chlorine system removal effi- compliance demonstration. If you use a
ciency for sources that establish an (up site-specific compliance demonstra-
to) annual rolling average feedrate tion, your eligibility demonstration
limit under paragraph (g)(2)(ii) of this must also contain, at a minimum, the
section; following information to support your
(iii) Additional content to implement determination of the annual average
the 1-hour average HCl-equivalent emis- HCl-equivalent emission rate limit for
sion rate limit. You must include the each combustor:
following in your eligibility dem- (A) Identification of the risk assess-
onstration to implement the 1-hour av- ment methodology used;
erage HCl-equivalent emission rate (B) Documentation of the fate and
limit: transport model used;
(A) Determination of whether the (C) Documentation of the fate and
combustor may exceed the 1-hour HCl- transport model inputs, including the
equivalent emission rate limit absent stack parameters listed in paragraph
an hourly rolling average chlorine (d)(1)(i)(C) of this section converted to
feedrate limit, including: the dimensions required for the model;
(1) Determination of the 1-hour aver- (D) As applicable:
age HCl-equivalent emission rate from (1) Meteorological data;
the total chlorine emission rate you se- (2) Building, land use, and terrain
lect for the combustor; data;
(2) Determination of the 1-hour aver- (3) Receptor locations and population
age HCl-equivalent emission rate limit data, including areas where people con-
using either look-up Tables 3 and 4 to gregate for work, school, or recreation;
this section or site-specific risk anal- and
ysis; (4) Other facility-specific parameters
(3) Determination of the ratio of the input into the model;
1-hour average HCl-equivalent emis- (E) Documentation of the fate and
sion rate to the 1-hour average HCl- transport model outputs; and
equivalent emission rate limit for the (F) Documentation of any exposure
combustor; and assessment and risk characterization
(4) The potential for the source to calculations.
vary total chlorine and chloride (2) Review and approval—(i) Existing
feedrates substantially over the aver- sources. (A) If you operate an existing
aging period for the long-term feedrate source, you must submit the eligibility
limit established under paragraphs demonstration to your permitting au-
(g)(2)(i) and (g)(2)(ii) of this section; thority for review and approval not
and later than 12 months prior to the com-
(B) Determination of the hourly roll- pliance date. You must also submit a
ing average chlorine feedrate limit, in- separate copy of the eligibility dem-
cluding the total chlorine system re- onstration to: U.S. EPA, Risk and Ex-
moval efficiency. posure Assessment Group, Emission

(iv) Additional content of a look-up Standards Division (C404–01), Attn:
table demonstration. If you use the look- Group Leader, Research Triangle Park,
85
§ 63.1215 40 CFR Ch. I (7–1–16 Edition)
North Carolina 27711, electronic mail (D) If your permitting authority

address REAG@epa.gov. issues a notice of intent to disapprove
(B) Your permitting authority should your eligibility demonstration after
notify you of approval or intent to dis- the compliance date, the authority will
approve your eligibility demonstration identify the basis for that notice and
within 6 months after receipt of the specify how much time you will have
original demonstration, and within 3 to submit additional information or to
months after receipt of any supple- comply with the MACT standards for
mental information that you submit. A total chlorine under §§ 63.1216, 63.1217,
notice of intent to disapprove your eli- 63.1219, 63.1220, and 63.1221. The permit-
gibility demonstration, whether before ting authority may extend the compli-
or after the compliance date, will iden- ance date of the total chlorine stand-
tify incomplete or inaccurate informa- ards up to one-year to allow you to
tion or noncompliance with prescribed make changes to the design or oper-
procedures and specify how much time ation of the combustor or related sys-
you will have to submit additional in- tems as quickly as practicable to en-
formation or to achieve the MACT able you to achieve compliance with
standards for total chlorine under the MACT standards for total chlorine.
(ii) New or reconstructed sources—(A)
§§ 63.1216, 63.1217, 63.1219, 63.1220, and
General. The procedures for review and
63.1221. If your eligibility demonstra-
approval of eligibility demonstrations
tion is disapproved, the permitting au-
applicable to existing sources under
thority may extend the compliance
paragraph (e)(2)(i) of this section also
date of the total chlorine standards up
apply to new or reconstructed sources,
to one year to allow you to make
except that the date you must submit
changes to the design or operation of
the eligibility demonstration is as pre-
the combustor or related systems as scribed in this paragraph (e)(2)(ii).
quickly as practicable to enable you to (B) If you operate a new or recon-
achieve compliance with the MACT structed source that starts up before
total chlorine standards. April 12, 2007, or a solid fuel boiler or
(C) If your permitting authority has liquid fuel boiler that is an area source
not approved your eligibility dem- that increases its emissions or its po-
onstration by the compliance date, and tential to emit such that it becomes a
has not issued a notice of intent to dis- major source of HAP before April 12,
approve your demonstration, you may 2007, you must either:
begin complying, on the compliance (1) Comply with the final total chlo-
date, with the HCl-equivalent emission rine emission standards under §§ 63.1216,
rate limits you present in your eligi- 63.1217, 63.1219, 63.1220, and 63.1221, by
bility demonstration provided that you October 12, 2005, or upon startup,
have made a good faith effort to pro- whichever is later, except for a stand-
vide complete and accurate informa- ard that is more stringent than the
tion and to respond to any requests for standard proposed on April 20, 2004 for
additional information in a timely your source. If a final standard is more
manner. If the permitting authority stringent than the proposed standard,
believes that you have not made a good you may comply with the proposed
faith effort to provide complete and ac- standard until October 14, 2008, after
curate information or to respond to which you must comply with the final
any requests for additional informa- standard; or
tion, however, the authority may no- (2) Submit an eligibility demonstra-
tify you in writing by the compliance tion for review and approval under this
date that you have not met the condi- section by April 12, 2006, and comply
tions for complying with the health- with the HCl-equivalent emission rate
based compliance alternative without limits and operating requirements you
prior approval. Such notice will ex- establish in the eligibility demonstra-
plain the basis for concluding that you tion.
have not made a good faith effort to (C) If you operate a new or recon-
comply with the health-based compli- structed source that starts up on or

ance alternative by the compliance after April 12, 2007, or a solid fuel boiler
date. or liquid fuel boiler that is an area
86
source that increases its emissions or (5) Test methods. (i) If you operate a
its potential to emit such that it be- cement kiln or a combustor equipped
comes a major source of HAP on or with a dry acid gas scrubber, you must
after April 12, 2007, you must either: use EPA Method 320/321 or ASTM D
(1) Comply with the final total chlo- 6735–01, or an equivalent method, to
rine emission standards under §§ 63.1216, measure hydrogen chloride, and the
63.1217, 63.1219, 63.1220, and 63.1221 upon back-half (caustic impingers) of Meth-
startup. If the final standard is more od 26/26A, or an equivalent method, to
stringent than the standard proposed measure chlorine gas.
for your source on April 20, 2004, how- (ii) Bromine and sulfur considerations.
ever, and if you start operations before If you operate an incinerator, boiler, or
October 14, 2008, you may comply with lightweight aggregate kiln and your
the proposed standard until October 14, feedstreams contain bromine or sulfur
2008, after which you must comply with during the comprehensive performance
the final standard; or test at levels specified under paragraph
(2) Submit an eligibility demonstra- (e)(2)(ii)(B) of this section, you must
tion for review and approval under this use EPA Method 320/321 or ASTM D
section 12 months prior to startup. 6735–01, or an equivalent method, to
(3) The operating requirements in the measure hydrogen chloride, and Meth-
od 26/26A, or an equivalent method, to
eligibility demonstration are applica-
measure chlorine and hydrogen chlo-
ble requirements for purposes of parts
ride, and determine your chlorine emis-
70 and 71 of this chapter and will be in-
sions as follows:
corporated in the title V permit.
(A) You must determine your chlo-
(f) Testing requirements—(1) General. rine emissions to be the higher of the
You must comply with the require- value measured by Method 26/26A as
ments for comprehensive performance provided in appendix A–8, part 60 of
testing under § 63.1207. this chapter, or an equivalent method,
(2) System removal efficiency. (i) You or the value calculated by the dif-
must calculate the total chlorine reference between the combined hydro-
moval efficiency of the combustor dur- gen chloride and chlorine levels meas-
ing each run of the comprehensive per- ured by Method 26/26A as provided in
formance test. appendix A–8, part 60 of this chapter, or
(ii) You must calculate the average an equivalent method, and the hydro-
system removal efficiency as the aver- gen chloride measurement from EPA
age of the test run averages. Method 320/321 as provided in appendix
(iii) If your source does not control A, part 63 of this chapter, or ASTM D
emissions of total chlorine, you must 6735–01 as described under
assume zero system removal efficiency. § 63.1208(b)(5)(i)(C), or an equivalent
(3) Annual average HCl-equivalent method.
emission rate limit. If emissions during (B) The procedures under paragraph
the comprehensive performance test (f)(2)(ii) of this section for determining
exceed the annual average HCl-equiva- hydrogen chloride and chlorine emis-
lent emission rate limit, eligibility for sions apply if you feed bromine or sul-
emission limits under this section is fur during the performance test at the
not affected. This emission rate limit levels specified in this paragraph
is an annual average limit even though (f)(5)(ii)(B):
compliance is based on a 12-hour or (up (1) If the bromine/chlorine ratio in
to) an annual rolling average feedrate feedstreams is greater than 5 percent
limit on total chlorine and chloride be- by mass; or
cause the feedrate limit is also used for (2) If the sulfur/chlorine ratio in
compliance assurance for the feedstreams is greater than 50 percent
semivolatile metal emission standard by mass.
(4) 1-hour average HCl-equivalent emis- (g) Monitoring requirements—(1) Gen-
sion rate limit. Total chlorine emissions eral. You must establish and comply
during each run of the comprehensive with limits on the same operating pa-
performance test cannot exceed the 1- rameters that apply to sources com-
hour average HCl-equivalent emission plying with the MACT standard for
rate limit. total chlorine under § 63.1209(o), except
87
§ 63.1215 40 CFR Ch. I (7–1–16 Edition)
that feedrate limits on total chlorine able to calculate the rolling average
and chloride must be established ac- period you select. At that time and
cording to paragraphs (g)(2) and (g)(3) thereafter, you update the rolling aver-
of this section: age feedrate each hour with a 60-
(2) Feedrate limit to ensure compliance minute average feedrate.
with the annual average HCl-equivalent (3) Feedrate limit to ensure compliance
emission rate limit. (i) For sources sub- with the 1-hour average HCl-equivalent
ject to the feedrate limit for total chlo- emission rate limit. (i) You must estab-
rine and chloride under § 63.1209(n)(4) to lish an hourly rolling average feedrate
ensure compliance with the limit on total chlorine and chloride to
semivolatile metals standard: ensure compliance with the 1-hour av-
(A) The feedrate limit (and averaging erage HCl-equivalent emission rate
period) for total chlorine and chloride limit unless you determine that the
to ensure compliance with the annual hourly rolling average feedrate limit is
average HCl-equivalent emission rate waived under paragraph (d) of this sec-
limit is the same as required by tion.
§ 63.1209(n)(4), except as provided by (ii) You must calculate the hourly
paragraph (g)(2)(i)(B) of this section. rolling average feedrate limit for total
(B) The numerical value of the total chlorine and chloride as the 1-hour av-
chlorine and chloride feedrate limit erage HCl-equivalent emission rate
(i.e., not considering the averaging pe- limit (lb/hr) divided by [1 ¥ system re-
riod) you establish under § 63.1209(n)(4) moval efficiency], where the system re-
must not exceed the value you cal- moval efficiency is calculated as pre-
culate as the annual average HCl- scribed by paragraph (f)(2)(ii) of this
equivalent emission rate limit (lb/hr) section.
divided by [1 ¥ system removal effi- (h) Changes—(1) Changes over which
ciency], where the system removal effi- you have control—(i) Changes that would
ciency is calculated as prescribed by affect the HCl-equivalent emission rate
paragraph (f)(2) of this section. limit. (A) If you plan to change the de-
(ii) For sources exempt from the sign, operation, or maintenance of the
feedrate limit for total chlorine and facility in a manner than would de-
chloride under § 63.1209(n)(4) because crease the annual average or 1-hour av-
they comply with § 63.1207(m)(2), the erage HCl-equivalent emission rate
feedrate limit for total chlorine and limit, you must submit to the permit-
chloride to ensure compliance with the ting authority prior to the change a re-
annual average HCl-equivalent emis- vised eligibility demonstration docu-
sion rate must be established as fol- menting the lower emission rate limits
lows: and calculations of reduced total chlo-
(A) You must establish an average rine and chloride feedrate limits.
period for the feedrate limit that does (B) If you plan to change the design,
not exceed an annual rolling average; operation, or maintenance of the facil-
(B) The numerical value of the total ity in a manner than would increase
chlorine and chloride feedrate limit the annual average or 1-hour average
(i.e., not considering the averaging pe- HCl-equivalent emission rate limit,
riod) must not exceed the value you and you elect to increase your total
calculate as the annual average HCl- chlorine and chloride feedrate limits.
equivalent emission rate limit (lb/hr) You must also submit to the permit-
divided by [1 ¥ system removal effi- ting authority prior to the change a re-
ciency], where the system removal effi- vised eligibility demonstration docu-
ciency is calculated as prescribed by menting the increased emission rate
paragraph (f)(2) of this section. limits and calculations of the increased
(C) You must calculate the initial feedrate limits prior to the change.
rolling average as though you had se- (ii) Changes that could affect system re-
lected a 12-hour rolling average, as pro- moval efficiency. (A) If you plan to
vided by paragraph (b)(5)(i) of this sec- change the design, operation, or main-
tion. You must calculate rolling aver- tenance of the combustor in a manner
ages thereafter as the average of the than could decrease the system re-
available one-minute values until moval efficiency, you are subject to
enough one-minute values are avail- the requirements of § 63.1206(b)(5) for
88
conducting a performance test to rees- (i) Proactive review. You must submit
tablish the combustor’s system re- for review and approval with each com-
moval efficiency and you must submit prehensive performance test plan ei-
a revised eligibility demonstration doc- ther a certification that the informa-
umenting the lower system removal ef- tion used in your eligibility demonstra-
ficiency and the reduced feedrate lim- tion has not changed in a manner that
its on total chlorine and chloride. would decrease the annual average or
(B) If you plan to change the design, 1-hour average HCl-equivalent emis-
operation, or maintenance of the com- sion rate limit, or a revised eligibility
bustor in a manner than could increase demonstration.
the system removal efficiency, and you (ii) Reactive review. If in the interim
elect to document the increased system between your comprehensive perform-
removal efficiency to establish higher ance tests you have reason to know of
feedrate limits on total chlorine and changes that would decrease the an-
chloride, you are subject to the re- nual average or 1-hour average HCl-
quirements of § 63.1206(b)(5) for con- equivalent emission rate limit, you
ducting a performance test to reestab- must submit a revised eligibility dem-
lish the combustor’s system removal onstration as soon as practicable but
efficiency. You must also submit to the not more frequently than annually.
permitting authority a revised eligi- (iii) Compliance schedule. If you deter-
bility demonstration documenting the mine that you cannot demonstrate
higher system removal efficiency and compliance with a lower annual aver-
the increased feedrate limits on total age HCl-equivalent emission rate limit
chlorine and chloride. during the comprehensive performance
(2) Changes over which you do not have test because you need additional time
control that may decrease the HCl-equiva- to complete changes to the design or
lent emission rate limits. These require- operation of the source, you may re-
ments apply if you use a site-specific quest that the permitting authority
risk assessment under paragraph (c)(4) grant you additional time to make
of this section to demonstrate eligi- those changes as quickly as prac-
bility for the health-based limits. ticable.
89
§ 63.1215 40 CFR Ch. I (7–1–16 Edition)
90
ER12OC05.006</GPH>
91
ER12OC05.007</GPH>
§ 63.1215 40 CFR Ch. I (7–1–16 Edition)
92
ER12OC05.008</GPH>
[70 FR 59565, Oct. 12, 2005, as amended at 73 sions in excess of the limits provided
FR 18982, Apr. 8, 2008; 73 FR 64097, Oct. 28, by paragraph (a)(5) of this section;
2008]
(2) Mercury in excess of 11 μgm/dscm
EMISSIONS STANDARDS AND OPERATING corrected to 7 percent oxygen;
LIMITS FOR SOLID FUEL BOILERS, LIQ- (3) For cadmium and lead combined,
UID FUEL BOILERS, AND HYDROCHLORIC except for an area source as defined
ACID PRODUCTION FURNACES under § 63.2, emissions in excess of 180
μgm/dscm, corrected to 7 percent oxy-
§ 63.1216 What are the standards for gen;
solid fuel boilers that burn haz- (4) For arsenic, beryllium, and chro-
ardous waste?
mium combined, except for an area
(a) Emission limits for existing sources. source as defined under § 63.2, emissions
You must not discharge or cause com- in excess of 380 μgm/dscm, corrected to
bustion gases to be emitted into the at- 7 percent oxygen;
mosphere that contain: (5) For carbon monoxide and hydro-

(1) For dioxins and furans, either car- carbons, either:
bon monoxide or hydrocarbon emis-
93
ER12OC05.009</GPH>
§ 63.1216 40 CFR Ch. I (7–1–16 Edition)
(i) Carbon monoxide in excess of 100 in excess of 190 μgm/dscm, corrected to

parts per million by volume, over an 7 percent oxygen;
hourly rolling average (monitored con- (5) For carbon monoxide and hydro-
tinuously with a continuous emissions carbons, either:
monitoring system), dry basis and cor- (i) Carbon monoxide in excess of 100
rected to 7 percent oxygen. If you elect parts per million by volume, over an
to comply with this carbon monoxide hourly rolling average (monitored con-
standard rather than the hydrocarbon tinuously with a continuous emissions
standard under paragraph (a)(5)(ii) of monitoring system), dry basis and cor-
this section, you must also document rected to 7 percent oxygen. If you elect
that, during the destruction and re- to comply with this carbon monoxide
moval efficiency (DRE) test runs or standard rather than the hydrocarbon
their equivalent as provided by standard under paragraph (b)(5)(ii) of
§ 63.1206(b)(7), hydrocarbons do not ex- this section, you must also document
ceed 10 parts per million by volume that, during the destruction and re-
during those runs, over an hourly roll- moval efficiency (DRE) test runs or
ing average (monitored continuously their equivalent as provided by
with a continuous emissions moni- § 63.1206(b)(7), hydrocarbons do not ex-
toring system), dry basis, corrected to ceed 10 parts per million by volume
7 percent oxygen, and reported as pro- during those runs, over an hourly roll-
pane; or ing average (monitored continuously
(ii) Hydrocarbons in excess of 10 parts with a continuous emissions moni-
per million by volume, over an hourly toring system), dry basis, corrected to
rolling average (monitored continu- 7 percent oxygen, and reported as pro-
ously with a continuous emissions pane; or
monitoring system), dry basis, cor- (ii) Hydrocarbons in excess of 10 parts
rected to 7 percent oxygen, and re- per million by volume, over an hourly
ported as propane; rolling average (monitored continu-
(6) For hydrogen chloride and chlo- ously with a continuous emissions
rine combined, except for an area monitoring system), dry basis, cor-
source as defined under § 63.2, emissions rected to 7 percent oxygen, and re-
in excess of 440 parts per million by ported as propane;
volume, expressed as a chloride (Cl(¥)) (6) For hydrogen chloride and chlo-
equivalent, dry basis and corrected to 7 rine combined, except for an area
percent oxygen; and source as defined under § 63.2, emissions
(7) For particulate matter, except for in excess of 73 parts per million by vol-
an area source as defined under § 63.2 or ume, expressed as a chloride (Cl(¥))
as provided by paragraph (e) of this equivalent, dry basis and corrected to 7
section, emissions in excess of 68 mg/ percent oxygen; and
dscm corrected to 7 percent oxygen. (7) For particulate matter, except for
(b) Emission limits for new sources. You an area source as defined under § 63.2 or
must not discharge or cause combus- as provided by paragraph (e) of this
tion gases to be emitted into the at- section, emissions in excess of 34 mg/
mosphere that contain: dscm corrected to 7 percent oxygen.
(1) For dioxins and furans, either car- (c) Destruction and removal efficiency
bon monoxide or hydrocarbon emis- (DRE) standard—(1) 99.99% DRE. Except
sions in excess of the limits provided as provided in paragraph (c)(2) of this
by paragraph (b)(5) of this section; section, you must achieve a DRE of
(2) Mercury in excess of 11 μgm/dscm 99.99% for each principle organic haz-
corrected to 7 percent oxygen; ardous constituent (POHC) designated
(3) For cadmium and lead combined, under paragraph (c)(3) of this section.
except for an area source as defined You must calculate DRE for each
under § 63.2, emissions in excess of 180 POHC from the following equation:
μgm/dscm, corrected to 7 percent oxy-
DRE = [1 ¥ (Wout ÷ Win)] × 100%
gen;
(4) For arsenic, beryllium, and chro- Where:

mium combined, except for an area Win = mass feedrate of one POHC in a waste
source as defined under § 63.2, emissions feedstream; and
94
Wout = mass emission rate of the same POHC combustion gases to be emitted into
present in exhaust emissions prior to re- the atmosphere that contain cadmium,
lease to the atmosphere.
lead, and selenium in excess of 180 μgm/
(2) 99.9999% DRE. If you burn the dscm, combined emissions, corrected to
dioxin-listed hazardous wastes F020, 7 percent oxygen; and,
F021, F022, F023, F026, or F027 (see (ii) You must not discharge or cause
§ 261.31 of this chapter), you must combustion gases to be emitted into
achieve a DRE of 99.9999% for each the atmosphere that contain antimony,
POHC that you designate under para- arsenic, beryllium, chromium, cobalt,
graph (c)(3) of this section. You must manganese, and nickel in excess of 380
demonstrate this DRE performance on μgm/dscm, combined emissions, cor-
POHCs that are more difficult to incin- rected to 7 percent oxygen.
erate than tetra-, penta-, and
(3) Alternative metal emission con-
hexachlorodibenzo-p-dioxins and
dibenzofurans. You must use the equa- trol requirements for new solid fuel
tion in paragraph (c)(1) of this section boilers. (i) You must not discharge or
to calculate DRE for each POHC. In ad- cause combustion gases to be emitted
dition, you must notify the Adminis- into the atmosphere that contain cad-
trator of your intent to incinerate haz- mium, lead, and selenium in excess of
ardous wastes F020, F021, F022, F023, 180 μgm/dscm, combined emissions, cor-
F026, or F027. rected to 7 percent oxygen; and,
(3) Principal organic hazardous con- (ii) You must not discharge or cause
stituents (POHCs). (i) You must treat combustion gases to be emitted into
the POHCs in the waste feed that you the atmosphere that contain antimony,
specify under paragraph (c)(3)(ii) of arsenic, beryllium, chromium, cobalt,
this section to the extent required by manganese, and nickel in excess of 190
paragraphs (c)(1) and (c)(2) of this sec- μgm/dscm, combined emissions, cor-
tion. rected to 7 percent oxygen.
(ii) You must specify one or more (4) Operating limits. Semivolatile and
POHCs that are representative of the low volatile metal operating parameter
most difficult to destroy organic com- limits must be established to ensure
pounds in your hazardous waste
compliance with the alternative emis-
feedstream. You must base this speci-
sion limitations described in para-
fication on the degree of difficulty of
incineration of the organic constitu- graphs (e)(2) and (e)(3) of this section
ents in the hazardous waste and on pursuant to § 63.1209(n), except that
their concentration or mass in the haz- semivolatile metal feedrate limits
ardous waste feed, considering the re- apply to lead, cadmium, and selenium,
sults of hazardous waste analyses or combined, and low volatile metal
other data and information. feedrate limits apply to arsenic, beryl-
(d) Significant figures. The emission lium, chromium, antimony, cobalt,
limits provided by paragraphs (a) and manganese, and nickel, combined.
(b) of this section are presented with (f) Elective standards for area sources.
two significant figures. Although you Area sources as defined under § 63.2 are
must perform intermediate calcula- subject to the standards for cadmium
tions using at least three significant and lead, the standards for arsenic, be-
figures, you may round the resultant ryllium, and chromium, the standards
emission levels to two significant fig- for hydrogen chloride and chlorine, and
ures to document compliance. the standards for particulate matter
(e) Alternative to the particulate matter under this section if they elect under
standard—(1) General. In lieu of com- § 266.100(b)(3) of this chapter to comply
plying with the particulate matter with those standards in lieu of the
standards of this section, you may standards under 40 CFR 266.105, 266.106,
elect to comply with the following al-
and 266.107 to control those pollutants.
ternative metal emission control re-
quirement: [70 FR 59565, Oct. 12, 2005]
(2) Alternative metal emission control

requirements for existing solid fuel boilers.
(i) You must not discharge or cause
95
§ 63.1217 40 CFR Ch. I (7–1–16 Edition)
§ 63.1217 What are the standards for gen, on an (not-to-exceed) annual aver-
liquid fuel boilers that burn haz- aging period;
ardous waste? (ii) When you burn hazardous waste
(a) Emission limits for existing sources. with an as-fired heating value of 10,000
You must not discharge or cause com- Btu/lb or greater, emissions in excess
bustion gases to be emitted into the at- of 8.2 × 10¥5 lbs combined cadmium and
mosphere that contain: lead emissions attributable to the haz-
(1)(i) Dioxins and furans in excess of ardous waste per million Btu heat
0.40 ng TEQ/dscm, corrected to 7 per- input from the hazardous waste on an
cent oxygen, for liquid fuel boilers (not-to-exceed) annual averaging pe-
equipped with a dry air pollution con- riod;
trol system; or (4) For chromium, except for an area
(ii) Either carbon monoxide or hydro- source as defined under § 63.2:
carbon emissions in excess of the lim- (i) When you burn hazardous waste
its provided by paragraph (a)(5) of this with an as-fired heating value less than
section for sources not equipped with a 10,000 Btu/lb, emissions in excess of 370
dry air pollution control system; μgm/dscm, corrected to 7 percent oxy-
(iii) A source equipped with a wet air gen;
pollution control system followed by a (ii) When you burn hazardous waste
dry air pollution control system is not with an as-fired heating value of 10,000
considered to be a dry air pollution Btu/lb or greater, emissions in excess
control system, and a source equipped of 1.3 × 10¥4 lbs chromium emissions at-
with a dry air pollution control system tributable to the hazardous waste per
followed by a wet air pollution control million Btu heat input from the haz-
system is considered to be a dry air ardous waste;
pollution control system for purposes (5) For carbon monoxide and hydro-
of this emission limit; carbons, either:
(2) For mercury, except as provided (i) Carbon monoxide in excess of 100
for in paragraph (a)(2)(iii) of this sec- parts per million by volume, over an
tion: hourly rolling average (monitored con-
(i) When you burn hazardous waste tinuously with a continuous emissions
with an as-fired heating value less than monitoring system), dry basis and cor-
10,000 Btu/lb, emissions in excess of 19 rected to 7 percent oxygen. If you elect
μgm/dscm, corrected to 7 percent oxy- to comply with this carbon monoxide
gen, on an (not-to-exceed) annual aver- standard rather than the hydrocarbon
aging period; standard under paragraph (a)(5)(ii) of
(ii) When you burn hazardous waste this section, you must also document
with an as-fired heating value 10,000 that, during the destruction and re-
Btu/lb or greater, emissions in excess moval efficiency (DRE) test runs or
of 4.2 × 10¥5 lbs mercury attributable to their equivalent as provided by
the hazardous waste per million Btu § 63.1206(b)(7), hydrocarbons do not ex-
heat input from the hazardous waste ceed 10 parts per million by volume
on an (not-to-exceed) annual averaging during those runs, over an hourly roll-
period; ing average (monitored continuously
(iii) The boiler operated by Diversi- with a continuous emissions moni-
fied Scientific Services, Inc. with EPA toring system), dry basis, corrected to
identification number TND982109142, 7 percent oxygen, and reported as pro-
and which burns radioactive waste pane; or
mixed with hazardous waste, must (ii) Hydrocarbons in excess of 10 parts
comply with the mercury emission per million by volume, over an hourly
standard under § 63.1219(a)(2); rolling average (monitored continu-
(3) For cadmium and lead combined, ously with a continuous emissions
except for an area source as defined monitoring system), dry basis, cor-
under § 63.2, rected to 7 percent oxygen, and re-
(i) When you burn hazardous waste ported as propane;
with an as-fired heating value less than (6) For hydrogen chloride and chlo-
10,000 Btu/lb, emissions in excess of 150 rine, except for an area source as de-
μgm/dscm, corrected to 7 percent oxy- fined under § 63.2:
96
(i) When you burn hazardous waste (3) For cadmium and lead combined,
with an as-fired heating value less than except for an area source as defined
10,000 Btu/lb, emissions in excess of 31 under § 63.2:
parts per million by volume, combined (i) When you burn hazardous waste
emissions, expressed as a chloride with an as-fired heating value less than
(Cl(¥)) equivalent, dry basis and cor- 10,000 Btu/lb, emissions in excess of 78
rected to 7 percent oxygen; μgm/dscm, corrected to 7 percent oxy-
(ii) When you burn hazardous waste gen, on an (not-to-exceed) annual aver-
with an as-fired heating value of 10,000 aging period;
Btu/lb or greater, emissions in excess (ii) When you burn hazardous waste
of 5.1 × 10¥2 lbs combined emissions of with an as-fired heating value greater
hydrogen chloride and chlorine gas at- than or equal to 10,000 Btu/lb, emis-
tributable to the hazardous waste per sions in excess of 6.2 × 10¥6 lbs com-
million Btu heat input from the haz- bined cadmium and lead emissions at-
ardous waste; tributable to the hazardous waste per
(7) For particulate matter, except for million Btu heat input from the haz-
an area source as defined under § 63.2 or ardous waste on an (not-to-exceed) an-
as provided by paragraph (e) of this nual averaging period;
section, emissions in excess of 80 mg/ (4) For chromium, except for an area
dscm corrected to 7 percent oxygen. source as defined under § 63.2:
(b) Emission limits for new sources. You (i) When you burn hazardous waste
must not discharge or cause combus- with an as-fired heating value less than
tion gases to be emitted into the at- 10,000 Btu/lb, emissions in excess of 12
mosphere that contain: μgm/dscm, corrected to 7 percent oxy-
(1)(i) Dioxins and furans in excess of gen;
0.40 ng TEQ/dscm, corrected to 7 per- (ii) When you burn hazardous waste
cent oxygen, for liquid fuel boilers with an as-fired heating value of 10,000
equipped with a dry air pollution con- Btu/lb or greater, emissions in excess
trol system; or of 1.4 × 10¥5 lbs chromium emissions at-
(ii) Either carbon monoxide or hydro- tributable to the hazardous waste per
carbon emissions in excess of the lim- million Btu heat input from the haz-
its provided by paragraph (b)(5) of this ardous waste;
section for sources not equipped with a (5) For carbon monoxide and hydro-
dry air pollution control system; carbons, either:
(iii) A source equipped with a wet air (i) Carbon monoxide in excess of 100
pollution control system followed by a parts per million by volume, over an
dry air pollution control system is not hourly rolling average (monitored con-
considered to be a dry air pollution tinuously with a continuous emissions
control system, and a source equipped monitoring system), dry basis and cor-
with a dry air pollution control system rected to 7 percent oxygen. If you elect
followed by a wet air pollution control to comply with this carbon monoxide
system is considered to be a dry air standard rather than the hydrocarbon
pollution control system for purposes standard under paragraph (b)(5)(ii) of
of this emission limit; this section, you must also document
(2) For mercury: that, during the destruction and re-
(i) When you burn hazardous waste moval efficiency (DRE) test runs or
with an as-fired heating value less than their equivalent as provided by
10,000 Btu/lb, emissions in excess of 6.8 § 63.1206(b)(7), hydrocarbons do not ex-
μgm/dscm, corrected to 7 percent oxy- ceed 10 parts per million by volume
gen, on an (not-to-exceed) annual aver- during those runs, over an hourly roll-
aging period; ing average (monitored continuously
(ii) When you burn hazardous waste with a continuous emissions moni-
with an as-fired heating value of 10,000 toring system), dry basis, corrected to
Btu/lb or greater, emissions in excess 7 percent oxygen, and reported as pro-
of 1.2 × 10¥6 lbs mercury emissions at- pane; or
tributable to the hazardous waste per (ii) Hydrocarbons in excess of 10 parts
million Btu heat input from the haz- per million by volume, over an hourly
ardous waste on an (not-to-exceed) an- rolling average (monitored continu-
nual averaging period; ously with a continuous emissions
97
§ 63.1217 40 CFR Ch. I (7–1–16 Edition)
monitoring system), dry basis, cor- ardous wastes F020, F021, F022, F023,
rected to 7 percent oxygen, and re- F026, or F027.
ported as propane; (3) Principal organic hazardous con-
(6) For hydrogen chloride and chlo- stituents (POHCs). (i) You must treat
rine, except for an area source as de- the POHCs in the waste feed that you
fined under § 63.2: specify under paragraph (c)(3)(ii) of
(i) When you burn hazardous waste this section to the extent required by
with an as-fired heating value less than paragraphs (c)(1) and (c)(2) of this sec-
10,000 Btu/lb, emissions in excess of 31 tion.
parts per million by volume, combined (ii) You must specify one or more
emissions, expressed as a chloride POHCs that are representative of the
(Cl(¥)) equivalent, dry basis and cor- most difficult to destroy organic com-
rected to 7 percent oxygen; pounds in your hazardous waste
(ii) When you burn hazardous waste feedstream. You must base this speci-
with an as-fired heating value of 10,000 fication on the degree of difficulty of
Btu/lb or greater, emissions in excess incineration of the organic constitu-
of 5.1 × ¥2 lbs combined emissions of ents in the hazardous waste and on
hydrogen chloride and chlorine gas at- their concentration or mass in the haz-
tributable to the hazardous waste per ardous waste feed, considering the re-
million Btu heat input from the haz- sults of hazardous waste analyses or
ardous waste; other data and information.
(7) For particulate matter, except for
(d) Significant figures. The emission
an area source as defined under § 63.2 or
limits provided by paragraphs (a) and
as provided by paragraph (e) of this
(b) of this section are presented with
section, emissions in excess of 20 mg/
two significant figures. Although you
dscm corrected to 7 percent oxygen.
(c) Destruction and removal efficiency must perform intermediate calcula-
(DRE) standard—(1) 99.99% DRE. Except tions using at least three significant
as provided in paragraph (c)(2) of this figures, you may round the resultant
section, you must achieve a DRE of emission levels to two significant fig-
99.99% for each principle organic haz- ures to document compliance.
ardous constituent (POHC) designated (e) Alternative to the particulate matter
under paragraph (c)(3) of this section. standard—(1) General. In lieu of com-
You must calculate DRE for each plying with the particulate matter
POHC from the following equation: standards of this section, you may
elect to comply with the following al-
DRE = [1 ¥ (Wout ÷ Win)] × 100%
Where: quirement:
Win = mass feedrate of one POHC in a (2) Alternative metal emission control
waste feedstream; and requirements for existing liquid fuel boil-
Wout = mass emission rate of the same ers. (i) When you burn hazardous waste
POHC present in exhaust emissions with a heating value less than 10,000
prior to release to the atmosphere. Btu/lb:
(2) 99.9999% DRE. If you burn the (A) You must not discharge or cause
dioxin-listed hazardous wastes F020, combustion gases to be emitted into
F021, F022, F023, F026, or F027 (see the atmosphere that contain cadmium,
§ 261.31 of this chapter), you must lead, and selenium, combined, in excess
achieve a DRE of 99.9999% for each of 150 μgm/dscm, corrected to 7 percent
POHC that you designate under para- oxygen; and
graph (c)(3) of this section. You must (B) You must not discharge or cause
demonstrate this DRE performance on combustion gases to be emitted into
POHCs that are more difficult to incin- the atmosphere that contain antimony,
erate than tetra-, penta-, and arsenic, beryllium, chromium, cobalt,
hexachlorodibenzo-p-dioxins and manganese, and nickel, combined, in
dibenzofurans. You must use the equa- excess of 370 μgm/dscm, corrected to 7
tion in paragraph (c)(1) of this section percent oxygen;
to calculate DRE for each POHC. In ad- (ii) When you burn hazardous waste
dition, you must notify the Adminis- with a heating value of 10,000 Btu/lb or
trator of your intent to incinerate haz- greater:
98
(A) You must not discharge or cause sion limitations described in para-
combustion gases to be emitted into graphs (e)(2) and (e)(3) of this section
the atmosphere that contain in excess pursuant to § 63.1209(n), except that
of 8.2 × 10¥5 lbs combined emissions of semivolatile metal feedrate limits
cadmium, lead, and selenium attrib- apply to lead, cadmium, and selenium,
utable to the hazardous waste per mil- combined, and low volatile metal
lion Btu heat input from the hazardous feedrate limits apply to arsenic, beryl-
waste; and lium, chromium, antimony, cobalt,
(B) You must not discharge or cause manganese, and nickel, combined.
combustion gases to be emitted into (f) Elective standards for area sources.
the atmosphere that contain either in Area sources as defined under § 63.2 are
excess of 1.3 × 10¥4 lbs combined emis- subject to the standards for cadmium
sions of antimony, arsenic, beryllium, and lead, the standards for chromium,
chromium, cobalt, manganese, and the standards for hydrogen chloride
nickel attributable to the hazardous and chlorine, and the standards for par-
waste per million Btu heat input from ticulate matter under this section if
the hazardous waste; they elect under § 266.100(b)(3) of this
(3) Alternative metal emission control chapter to comply with those stand-
requirements for new liquid fuel boilers. ards in lieu of the standards under 40
(i) When you burn hazardous waste CFR 266.105, 266.106, and 266.107 to con-
with a heating value less than 10,000 trol those pollutants.
Btu/lb: [70 FR 59567, Oct. 12, 2005, as amended at 73
(A) You must not discharge or cause FR 18983, Apr. 8, 2008]
combustion gases to be emitted into
the atmosphere that contain cadmium, § 63.1218 What are the standards for
lead, and selenium, combined, in excess hydrochloric acid production fur-
of 78 μgm/dscm, corrected to 7 percent naces that burn hazardous waste?
oxygen; and (a) Emission limits for existing sources.
(B) You must not discharge or cause You must not discharge or cause com-
combustion gases to be emitted into bustion gases to be emitted into the at-
the atmosphere that contain antimony, mosphere that contain:
arsenic, beryllium, chromium, cobalt, (1) For dioxins and furans, either car-
manganese, and nickel, combined, in bon monoxide or hydrocarbon emis-
excess of 12 μgm/dscm, corrected to 7 sions in excess of the limits provided
percent oxygen; by paragraph (a)(5) of this section;
(ii) When you burn hazardous waste (2) For mercury, hydrogen chloride
with a heating value greater than or and chlorine gas emissions in excess of
equal to 10,000 Btu/lb: the levels provided by paragraph (a)(6)
(A) You must not discharge or cause of this section;
combustion gases to be emitted into (3) For lead and cadmium, except for
the atmosphere that contain in excess an area source as defined under § 63.2,
of 6.2 × 10¥6 lbs combined emissions of hydrogen chloride and chlorine gas
cadmium, lead, and selenium attrib- emissions in excess of the levels pro-
utable to the hazardous waste per mil- vided by paragraph (a)(6) of this sec-
lion Btu heat input from the hazardous tion;
waste; and (4) For arsenic, beryllium, and chro-
(B) You must not discharge or cause mium, except for an area source as de-
combustion gases to be emitted into fined under § 63.2, hydrogen chloride
the atmosphere that contain either in and chlorine gas emissions in excess of
excess of 1.4 × 10¥5 lbs combined emis- the levels provided by paragraph (a)(6)
sions of antimony, arsenic, beryllium, of this section;
chromium, cobalt, manganese, and (5) For carbon monoxide and hydro-
nickel attributable to the hazardous carbons, either:
waste per million Btu heat input from (i) Carbon monoxide in excess of 100
the hazardous waste; parts per million by volume, over an
(4) Operating limits. Semivolatile and hourly rolling average (monitored con-
low volatile metal operating parameter tinuously with a continuous emissions

limits must be established to ensure monitoring system), dry basis and cor-
compliance with the alternative emis- rected to 7 percent oxygen. If you elect
99
§ 63.1218 40 CFR Ch. I (7–1–16 Edition)
to comply with this carbon monoxide sions in excess of the limits provided
standard rather than the hydrocarbon by paragraph (b)(5) of this section;
standard under paragraph (a)(5)(ii) of (2) For mercury, hydrogen chloride
this section, you must also document and chlorine gas emissions in excess of
that, during the destruction and re- the levels provided by paragraph (b)(6)
moval efficiency (DRE) test runs or of this section;
their equivalent as provided by (3) For lead and cadmium, except for
§ 63.1206(b)(7), hydrocarbons do not ex- an area source as defined under § 63.2,
ceed 10 parts per million by volume hydrogen chloride and chlorine gas
during those runs, over an hourly roll- emissions in excess of the levels pro-
ing average (monitored continuously vided by paragraph (b)(6) of this sec-
with a continuous emissions moni- tion;
toring system), dry basis, corrected to (4) For arsenic, beryllium, and chro-
7 percent oxygen, and reported as pro- mium, except for an area source as de-
pane; or fined under § 63.2, hydrogen chloride
(ii) Hydrocarbons in excess of 10 parts and chlorine gas emissions in excess of
per million by volume, over an hourly the levels provided by paragraph (b)(6)
rolling average (monitored continu- of this section;
ously with a continuous emissions (5) For carbon monoxide and hydro-
monitoring system), dry basis, cor- carbons, either:
rected to 7 percent oxygen, and re- (i) Carbon monoxide in excess of 100
ported as propane; parts per million by volume, over an
(6) For hydrogen chloride and chlo- hourly rolling average (monitored con-
rine gas, either: tinuously with a continuous emissions
monitoring system), dry basis and cor-
(i) Emission in excess of 150 parts per
rected to 7 percent oxygen. If you elect
million by volume, combined emis-
to comply with this carbon monoxide
sions, expressed as a chloride (Cl(¥)
standard rather than the hydrocarbon
equivalent, dry basis and corrected to 7
standard under paragraph (b)(5)(ii) of
percent oxygen; or
this section, you must also document
(ii) Emissions greater than the levels that, during the destruction and re-
that would be emitted if the source is moval efficiency (DRE) test runs or
achieving a system removal efficiency their equivalent as provided by
(SRE) of less than 99.923 percent for § 63.1206(b)(7), hydrocarbons do not ex-
total chlorine and chloride fed to the ceed 10 parts per million by volume
combustor. You must calculate SRE during those runs, over an hourly roll-
from the following equation: ing average (monitored continuously
SRE = [1 ¥ (Cl out / Cl in)] × 100% with a continuous emissions moni-
toring system), dry basis, corrected to
Where: 7 percent oxygen, and reported as pro-
Cl in = mass feedrate of total chlorine or pane; or
chloride in all feedstreams, reported as (ii) Hydrocarbons in excess of 10 parts
chloride; and per million by volume, over an hourly
Cl out = mass emission rate of hydrogen rolling average (monitored continu-
chloride and chlorine gas, reported as
chloride, in exhaust emissions prior to
ously with a continuous emissions
release to the atmosphere. monitoring system), dry basis, cor-
rected to 7 percent oxygen, and re-
(7) For particulate matter, except for ported as propane;
an area source as defined under § 63.2, (6) For hydrogen chloride and chlo-
hydrogen chloride and chlorine gas rine gas, either:
emissions in excess of the levels pro- (i) Emission in excess of 25 parts per
vided by paragraph (a)(6) of this sec- million by volume, combined emis-
tion. sions, expressed as a chloride (Cl(¥)
(b) Emission limits for new sources. You equivalent, dry basis and corrected to 7
must not discharge or cause combus- percent oxygen; or
tion gases to be emitted into the at- (ii) Emissions greater than the levels
mosphere that contain: that would be emitted if the source is

(1) For dioxins and furans, either car- achieving a system removal efficiency
bon monoxide or hydrocarbon emis- (SRE) of less than 99.987 percent for
100
total chlorine and chloride fed to the paragraphs (c)(1) and (c)(2) of this sec-
combustor. You must calculate SRE tion.
from the following equation: (ii) You must specify one or more
POHCs that are representative of the
SRE = [1 ¥ (Cl out / Cl in)] × 100%
most difficult to destroy organic com-
Where: pounds in your hazardous waste
Cl in = mass feedrate of total chlorine or feedstream. You must base this speci-
chloride in all feedstreams, reported as fication on the degree of difficulty of
chloride; and incineration of the organic constitu-
Cl out = mass emission rate of hydrogen ents in the hazardous waste and on
chloride and chlorine gas, reported as their concentration or mass in the haz-
chloride, in exhaust emissions prior to
release to the atmosphere.
ardous waste feed, considering the re-
sults of hazardous waste analyses or
(7) For particulate matter, except for other data and information.
an area source as defined under § 63.2, (d) Significant figures. The emission
hydrogen chloride and chlorine gas limits provided by paragraphs (a) and
emissions in excess of the levels pro- (b) of this section are presented with
vided by paragraph (b)(6) of this sec- two significant figures. Although you
tion. must perform intermediate calcula-
(c) Destruction and removal efficiency tions using at least three significant
(DRE) standard—(1) 99.99% DRE. Except figures, you may round the resultant
as provided in paragraph (c)(2) of this emission levels to two significant fig-
section, you must achieve a DRE of ures to document compliance.
99.99% for each principle organic haz- (e) Elective standards for area sources.
ardous constituent (POHC) designated Area sources as defined under § 63.2 are
under paragraph (c)(3) of this section. subject to the standards for cadmium
You must calculate DRE for each and lead, the standards for arsenic, be-
POHC from the following equation: ryllium, and chromium, the standards
DRE = [1 ¥ (W / W in)] × 100% for hydrogen chloride and chlorine, and
out
the standards for particulate matter
Where: under this section if they elect under
Win = mass feedrate of one POHC in a waste § 266.100(b)(3) of this chapter to comply
feedstream; and with those standards in lieu of the
Wout = mass emission rate of the same standards under 40 CFR 266.105, 266.106,
POHC present in exhaust emissions prior and 266.107 to control those pollutants.
to release to the atmosphere.
[70 FR 59569, Oct. 12, 2005]
(2) 99.9999% DRE. If you burn the
dioxin-listed hazardous wastes F020, REPLACEMENT EMISSIONS STANDARDS
F021, F022, F023, F026, or F027 (see AND OPERATING LIMITS FOR INCINER-
§ 261.31 of this chapter), you must ATORS, CEMENT KILNS, AND LIGHT-
achieve a DRE of 99.9999% for each WEIGHT AGGREGATE KILNS
POHC that you designate under para-
graph (c)(3) of this section. You must § 63.1219 What are the replacement
demonstrate this DRE performance on standards for hazardous waste in-
POHCs that are more difficult to incin- cinerators?
erate than tetra-, penta-, and (a) Emission limits for existing sources.
hexachlorodibenzo-p-dioxins and You must not discharge or cause com-
dibenzofurans. You must use the equa- bustion gases to be emitted into the at-
tion in paragraph (c)(1) of this section mosphere that contain:
to calculate DRE for each POHC. In ad- (1) For dioxins and furans:
dition, you must notify the Adminis- (i) For incinerators equipped with ei-
trator of your intent to incinerate haz- ther a waste heat boiler or dry air pol-
ardous wastes F020, F021, F022, F023, lution control system, either:
F026, or F027. (A) Emissions in excess of 0.20 ng
(3) Principal organic hazardous con- TEQ/dscm, corrected to 7 percent oxy-
stituents (POHCs). (i) You must treat gen; or
the POHCs in the waste feed that you (B) Emissions in excess of 0.40 ng
specify under paragraph (c)(3)(ii) of TEQ/dscm, corrected to 7 percent oxy-
this section to the extent required by gen, provided that the combustion gas
101
§ 63.1219 40 CFR Ch. I (7–1–16 Edition)
temperature at the inlet to the initial monitoring system), dry basis, cor-
particulate matter control device is 400 rected to 7 percent oxygen, and re-
°F or lower based on the average of the ported as propane;
test run average temperatures. (For (6) Hydrogen chloride and chlorine
purposes of compliance, operation of a gas (total chlorine) in excess of 32 parts
wet particulate matter control device per million by volume, combined emis-
is presumed to meet the 400 °F or lower sions, expressed as a chloride (Cl(¥))
requirement); equivalent, dry basis and corrected to 7
(ii) Emissions in excess of 0.40 ng percent oxygen; and
TEQ/dscm, corrected to 7 percent oxy- (7) Except as provided by paragraph
gen, for incinerators not equipped with (e) of this section, particulate matter
either a waste heat boiler or dry air in excess of 0.013 gr/dscf corrected to 7
pollution control system; percent oxygen.
(iii) A source equipped with a wet air (b) Emission limits for new sources. You
pollution control system followed by a must not discharge or cause combus-
dry air pollution control system is not tion gases to be emitted into the at-
considered to be a dry air pollution mosphere that contain:
control system, and a source equipped (1)(i) Dioxins and furans in excess of
with a dry air pollution control system 0.11 ng TEQ/dscm corrected to 7 percent
followed by a wet air pollution control oxygen for incinerators equipped with
system is considered to be a dry air either a waste heat boiler or dry air
pollution control system for purposes pollution control system; or
of this standard;
(ii) Dioxins and furans in excess of
(2) Mercury in excess of 130 μgm/
0.20 ng TEQ/dscm corrected to 7 percent
dscm, corrected to 7 percent oxygen;
oxygen for sources not equipped with
(3) Cadmium and lead in excess of 230
either a waste heat boiler or dry air
pollution control system;
rected to 7 percent oxygen;
(iii) A source equipped with a wet air
(4) Arsenic, beryllium, and chromium
pollution control system followed by a
in excess of 92 μgm/dscm, combined
dry air pollution control system is not
emissions, corrected to 7 percent oxy-
considered to be a dry air pollution
gen;
control system, and a source equipped
(5) For carbon monoxide and hydro-
with a dry air pollution control system
carbons, either:
followed by a wet air pollution control
(i) Carbon monoxide in excess of 100
system is considered to be a dry air
parts per million by volume, over an
pollution control system for purposes
hourly rolling average (monitored con-
of this standard;
tinuously with a continuous emissions
monitoring system), dry basis and cor- (2) Mercury in excess of 8.1 μgm/dscm,
rected to 7 percent oxygen. If you elect corrected to 7 percent oxygen;
to comply with this carbon monoxide (3) Cadmium and lead in excess of 10
standard rather than the hydrocarbon μgm/dscm, combined emissions, cor-
standard under paragraph (a)(5)(ii) of rected to 7 percent oxygen;
this section, you must also document (4) Arsenic, beryllium, and chromium
that, during the destruction and re- in excess of 23 μgm/dscm, combined
moval efficiency (DRE) test runs or emissions, corrected to 7 percent oxy-
their equivalent as provided by gen;
§ 63.1206(b)(7), hydrocarbons do not ex- (5) For carbon monoxide and hydro-
ceed 10 parts per million by volume carbons, either:
during those runs, over an hourly roll- (i) Carbon monoxide in excess of 100
ing average (monitored continuously parts per million by volume, over an
with a continuous emissions moni- hourly rolling average (monitored con-
toring system), dry basis, corrected to tinuously with a continuous emissions
7 percent oxygen, and reported as pro- monitoring system), dry basis and cor-
pane; or rected to 7 percent oxygen. If you elect
(ii) Hydrocarbons in excess of 10 parts to comply with this carbon monoxide
per million by volume, over an hourly standard rather than the hydrocarbon
rolling average (monitored continu- standard under paragraph (b)(5)(ii) of
ously with a continuous emissions this section, you must also document
102
that, during the destruction and re- to calculate DRE for each POHC. In ad-
moval efficiency (DRE) test runs or dition, you must notify the Adminis-
their equivalent as provided by trator of your intent to incinerate haz-
§ 63.1206(b)(7), hydrocarbons do not ex- ardous wastes F020, F021, F022, F023,
ceed 10 parts per million by volume F026, or F027.
during those runs, over an hourly roll- (3) Principal organic hazardous con-
ing average (monitored continuously stituent (POHC). (i) You must treat
with a continuous emissions moni- each POHC in the waste feed that you
toring system), dry basis, corrected to specify under paragraph (c)(3)(ii) of
7 percent oxygen, and reported as pro- this section to the extent required by
pane; or paragraphs (c)(1) and (c)(2) of this sec-
(ii) Hydrocarbons in excess of 10 parts tion.
per million by volume, over an hourly
(ii) You must specify one or more
rolling average (monitored continu-
POHCs that are representative of the
ously with a continuous emissions
monitoring system), dry basis, cor- most difficult to destroy organic com-
rected to 7 percent oxygen, and re- pounds in your hazardous waste
ported as propane; feedstream. You must base this speci-
(6) Hydrogen chloride and chlorine fication on the degree of difficulty of
gas in excess of 21 parts per million by incineration of the organic constitu-
volume, combined emissions, expressed ents in the hazardous waste and on
as a chloride (Cl(¥)) equivalent, dry their concentration or mass in the haz-
basis and corrected to 7 percent oxy- ardous waste feed, considering the re-
gen; and sults of hazardous waste analyses or
(7) Except as provided by paragraph other data and information.
(e) of this section, particulate matter (d) Significant figures. The emission
emissions in excess of 0.0016 gr/dscf cor- limits provided by paragraphs (a) and
rected to 7 percent oxygen. (b) of this section are presented with
(c) Destruction and removal efficiency two significant figures. Although you
(DRE) standard—(1) 99.99% DRE. Except must perform intermediate calcula-
as provided in paragraph (c)(2) of this tions using at least three significant
section, you must achieve a destruc- figures, you may round the resultant
tion and removal efficiency (DRE) of emission levels to two significant fig-
99.99% for each principle organic haz- ures to document compliance.
ardous constituent (POHC) designated (e) Alternative to the particulate matter
under paragraph (c)(3) of this section. standard—(1) General. In lieu of com-
You must calculate DRE for each plying with the particulate matter
POHC from the following equation: standards of this section, you may
DRE = [1 ¥ (Wout / Win)] × 100% elect to comply with the following al-
Where:
quirement:
Win = mass feedrate of one POHC in a waste
feedstream; and (2) Alternative metal emission control
Wout = mass emission rate of the same POHC requirements for existing incinerators. (i)
present in exhaust emissions prior to re- You must not discharge or cause com-
lease to the atmosphere. bustion gases to be emitted into the at-
(2) 99.9999% DRE. If you burn the mosphere that contain cadmium, lead,
dioxin-listed hazardous wastes F020, and selenium in excess of 230 μgm/
F021, F022, F023, F026, or F027 (see dscm, combined emissions, corrected to
§ 261.31 of this chapter), you must 7 percent oxygen; and,
achieve a DRE of 99.9999% for each (ii) You must not discharge or cause
POHC that you designate under para- combustion gases to be emitted into
graph (c)(3) of this section. You must the atmosphere that contain antimony,
demonstrate this DRE performance on arsenic, beryllium, chromium, cobalt,
POHCs that are more difficult to incin- manganese, and nickel in excess of 92
erate than tetra-, penta-, and μgm/dscm, combined emissions, cor-
hexachlorodibenzo-p-dioxins and rected to 7 percent oxygen.

dibenzofurans. You must use the equa- (3) Alternative metal emission control
tion in paragraph (c)(1) of this section requirements for new incinerators. (i) You
103
§ 63.1220 40 CFR Ch. I (7–1–16 Edition)
must not discharge or cause combus- (i) Emissions in excess of 7.6 × 10¥4
tion gases to be emitted into the at- lbs combined emissions of cadmium
mosphere that contain cadmium, lead, and lead attributable to the hazardous
and selenium in excess of 10 μgm/dscm, waste per million Btu heat input from
combined emissions, corrected to 7 per- the hazardous waste; and
cent oxygen; and, (ii) Emissions in excess of 330 μgm/
(ii) You must not discharge or cause dscm, combined emissions, corrected to
combustion gases to be emitted into 7 percent oxygen;
the atmosphere that contain antimony, (4) For arsenic, beryllium, and chro-
arsenic, beryllium, chromium, cobalt, mium, both:
manganese, and nickel in excess of 23
(i) Emissions in excess of 2.1 × 10¥5
lbs combined emissions of arsenic, be-
rected to 7 percent oxygen.
(4) Operating limits. Semivolatile and ryllium, and chromium attributable to
low volatile metal operating parameter the hazardous waste per million Btu
limits must be established to ensure heat input from the hazardous waste;
compliance with the alternative emis- and
sion limitations described in para- (ii) Emissions in excess of 56 μgm/
graphs (e)(2) and (e)(3) of this section dscm, combined emissions, corrected to
pursuant to § 63.1209(n), except that 7 percent oxygen;
semivolatile metal feedrate limits (5) Carbon monoxide and hydrocarbons.
apply to lead, cadmium, and selenium, (i) For kilns equipped with a by-pass
combined, and low volatile metal duct or midkiln gas sampling system,
feedrate limits apply to arsenic, beryl- either:
lium, chromium, antimony, cobalt, (A) Carbon monoxide in the by-pass
manganese, and nickel, combined. duct or mid-kiln gas sampling system
[70 FR 59570, Oct. 12, 2005, as amended at 73 in excess of 100 parts per million by
FR 64097, Oct. 28, 2008] volume, over an hourly rolling average
§ 63.1220 What are the replacement uous emissions monitoring system),
standards for hazardous waste dry basis and corrected to 7 percent ox-
burning cement kilns?
ygen. If you elect to comply with this
(a) Emission and hazardous waste feed carbon monoxide standard rather than
limits for existing sources. You must not the hydrocarbon standard under para-
discharge or cause combustion gases to graph (a)(5)(i)(B) of this section, you
be emitted into the atmosphere or feed must also document that, during the
hazardous waste that contain: destruction and removal efficiency
(1) For dioxins and furans, either: (DRE) test runs or their equivalent as
(i) Emissions in excess of 0.20 ng TEQ/ provided by § 63.1206(b)(7), hydrocarbons
dscm corrected to 7 percent oxygen; or in the by-pass duct or mid-kiln gas
(ii) Emissions in excess of 0.40 ng sampling system do not exceed 10 parts
TEQ/dscm corrected to 7 percent oxy- per million by volume during those
gen provided that the combustion gas
runs, over an hourly rolling average
temperature at the inlet to the initial
dry particulate matter control device
uous emissions monitoring system),
is 400 °F or lower based on the average
dry basis, corrected to 7 percent oxy-
of the test run average temperatures;
(2) For mercury, both: gen, and reported as propane; or
(i) An average as-fired concentration (B) Hydrocarbons in the by-pass duct
of mercury in all hazardous waste or midkiln gas sampling system in ex-
feedstreams in excess of 3.0 parts per cess of 10 parts per million by volume,
million by weight; and over an hourly rolling average (mon-
(ii) Either: itored continuously with a continuous
(A) Emissions in excess of 120 μg/ emissions monitoring system), dry
dscm, corrected to 7 percent oxygen, or basis, corrected to 7 percent oxygen,
(B) A hazardous waste feed maximum and reported as propane;
theoretical emission concentration (ii) For kilns not equipped with a by-
(MTEC) in excess of 120 μg/dscm; pass duct or midkiln gas sampling sys-
(3) For cadmium and lead, both: tem, either:
104
(A) Hydrocarbons in the main stack (i) An average as-fired concentration

in excess of 20 parts per million by vol- of mercury in all hazardous waste
ume, over an hourly rolling average feedstreams in excess of 1.9 parts per
(monitored continuously with a contin- million by weight; and
uous emissions monitoring system), (ii) Either:
dry basis, corrected to 7 percent oxy- (A) Emissions in excess of 120 μg/
gen, and reported as propane; or dscm, corrected to 7 percent oxygen, or
(B) Carbon monoxide in the main (B) A hazardous waste feed maximum
stack in excess of 100 parts per million theoretical emission concentration
by volume, over an hourly rolling aver- (MTEC) in excess of 120 μg/dscm;
age (monitored continuously with a (3) For cadmium and lead, both:
continuous emissions monitoring sys- (i) Emissions in excess of 6.2 × 10¥5
tem), dry basis and corrected to 7 per- lbs combined emissions of cadmium
cent oxygen. If you elect to comply and lead attributable to the hazardous
with this carbon monoxide standard waste per million Btu heat input from
rather than the hydrocarbon standard the hazardous waste; and
under paragraph (a)(5)(ii)(A) of this (ii) Emissions in excess of 180 μgm/
section, you also must document that, dscm, combined emissions, corrected to
during the destruction and removal ef- 7 percent oxygen;
ficiency (DRE) test runs or their equiv- (4) For arsenic, beryllium, and chro-
alent as provided by § 63.1206(b)(7), hy- mium, both:
drocarbons in the main stack do not (i) Emissions in excess of 1.5 × 10¥5
exceed 20 parts per million by volume lbs combined emissions of arsenic, be-
during those runs, over an hourly roll- ryllium, and chromium attributable to
ing average (monitored continuously the hazardous waste per million Btu
with a continuous emissions moni- heat input from the hazardous waste;
toring system), dry basis, corrected to and
7 percent oxygen, and reported as pro- (ii) Emissions in excess of 54 μgm/
pane. dscm, combined emissions, corrected to
(6) Hydrogen chloride and chlorine 7 percent oxygen;
gas in excess of 120 parts per million by (5) Carbon monoxide and hydrocarbons.
volume, combined emissions, expressed (i) For kilns equipped with a by-pass
as a chloride (Cl(¥)) equivalent, dry duct or midkiln gas sampling system,
basis, corrected to 7 percent oxygen; carbon monoxide and hydrocarbons
and emissions are limited in both the by-
(7) For particulate matter, both: pass duct or midkiln gas sampling sys-
(i) Emissions in excess of 0.028 gr/dscf tem and the main stack as follows:
corrected to 7 percent oxygen; and (A) Emissions in the by-pass or
(ii) Opacity greater than 20 percent, midkiln gas sampling system are lim-
unless your source is equipped with a ited to either:
bag leak detection system under (1) Carbon monoxide in excess of 100
§ 63.1206(c)(8) or a particulate matter parts per million by volume, over an
detection system under § 63.1206(c)(9). hourly rolling average (monitored con-
(b) Emission and hazardous waste feed tinuously with a continuous emissions
limits for new sources. You must not dis- monitoring system), dry basis and cor-
charge or cause combustion gases to be rected to 7 percent oxygen. If you elect
emitted into the atmosphere or feed to comply with this carbon monoxide
hazardous waste that contain: standard rather than the hydrocarbon
(1) For dioxins and furans, either: standard under paragraph (b)(5)(i)(A)(2)
(i) Emissions in excess of 0.20 ng TEQ/ of this section, you also must docu-
dscm corrected to 7 percent oxygen; or ment that, during the destruction and
(ii) Emissions in excess of 0.40 ng removal efficiency (DRE) test runs or
TEQ/dscm corrected to 7 percent oxy- their equivalent as provided by
gen provided that the combustion gas § 63.1206(b)(7), hydrocarbons do not ex-
temperature at the inlet to the initial ceed 10 parts per million by volume
dry particulate matter control device during those runs, over an hourly roll-
is 400 °F or lower based on the average ing average (monitored continuously

of the test run average temperatures; with a continuous emissions moni-
(2) For mercury, both: toring system), dry basis, corrected to
105
§ 63.1220 40 CFR Ch. I (7–1–16 Edition)
7 percent oxygen, and reported as pro- rected to 7 percent oxygen, and re-
pane; or ported as propane.
(2) Hydrocarbons in the by-pass duct (6) Hydrogen chloride and chlorine
or midkiln gas sampling system in ex- gas in excess of 86 parts per million by
cess of 10 parts per million by volume, volume, combined emissions, expressed
over an hourly rolling average (mon- as a chloride (Cl(¥)) equivalent, dry
itored continuously with a continuous basis and corrected to 7 percent oxy-
emissions monitoring system), dry gen; and
basis, corrected to 7 percent oxygen, (7) For particulate matter, both:
and reported as propane; and (i) Emissions in excess of 0.0069 gr/
(B) Hydrocarbons in the main stack dscf corrected to 7 percent oxygen; and
are limited, if construction of the kiln (ii) Opacity greater than 20 percent,
commenced after April 19, 1996 at a unless your source is equipped with a
plant site where a cement kiln (wheth- bag leak detection system under
er burning hazardous waste or not) did § 63.1206(c)(8) or a particulate matter
not previously exist, to 50 parts per detection system under § 63.1206(c)(9).
million by volume, over a 30-day block (c) Destruction and removal efficiency
average (monitored continuously with (DRE) standard—(1) 99.99% DRE. Except
a continuous monitoring system), dry as provided in paragraph (c)(2) of this
basis, corrected to 7 percent oxygen, section, you must achieve a destruc-
and reported as propane. tion and removal efficiency (DRE) of
99.99% for each principle organic haz-
(ii) For kilns not equipped with a by-
ardous constituent (POHC) designated
pass duct or midkiln gas sampling sys-
under paragraph (c)(3) of this section.
tem, hydrocarbons and carbon mon-
You must calculate DRE for each
oxide are limited in the main stack to
POHC from the following equation:
either:
(A) Hydrocarbons not exceeding 20 DRE = [1 ¥ (Wout / Win)] × 100%
parts per million by volume, over an Where:
hourly rolling average (monitored con- Win = mass feedrate of one POHC in a waste
tinuously with a continuous emissions feedstream; and
monitoring system), dry basis, cor- Wout = mass emission rate of the same POHC
rected to 7 percent oxygen, and represent in exhaust emissions prior to re-
ported as propane; or lease to the atmosphere.
(B)(1) Carbon monoxide not exceeding (2) 99.9999% DRE. If you burn the
100 parts per million by volume, over dioxin-listed hazardous wastes F020,
an hourly rolling average (monitored F021, F022, F023, F026, or F027 (see
continuously with a continuous emis- § 261.31 of this chapter), you must
sions monitoring system), dry basis, achieve a DRE of 99.9999% for each
corrected to 7 percent oxygen; and POHC that you designate under para-
(2) Hydrocarbons not exceeding 20 graph (c)(3) of this section. You must
parts per million by volume, over an demonstrate this DRE performance on
hourly rolling average (monitored con- POHCs that are more difficult to incin-
tinuously with a continuous moni- erate than tetra-, penta-, and
toring system), dry basis, corrected to hexachlorodibenzo-p-dioxins and
7 percent oxygen, and reported as pro- dibenzofurans. You must use the equa-
pane at any time during the destruction in paragraph (c)(1) of this section
tion and removal efficiency (DRE) test to calculate DRE for each POHC. In ad-
runs or their equivalent as provided by dition, you must notify the Adminis-
§ 63.1206(b)(7); and trator of your intent to incinerate haz-
(3) If construction of the kiln com- ardous wastes F020, F021, F022, F023,
menced after April 19, 1996 at a plant F026, or F027.
site where a cement kiln (whether (3) Principal organic hazardous con-
burning hazardous waste or not) did stituent (POHC). (i) You must treat
not previously exist, hydrocarbons are each POHC in the waste feed that you
limited to 50 parts per million by vol- specify under paragraph (c)(3)(ii) of
ume, over a 30-day block average (mon- this section to the extent required by
itored continuously with a continuous paragraphs (c)(1) and (c)(2) of this sec-
monitoring system), dry basis, cor- tion.
106
(ii) You must specify one or more (i) Averaging methodology. You must
POHCs that are representative of the calculate the time-weighted average
most difficult to destroy organic com- emission concentration with the fol-
pounds in your hazardous waste lowing equation:
feedstream. You must base this speci- Ctotal = {Cmill-off × (Tmill-off / (Tmill-off +
fication on the degree of difficulty of Tmill-on))} + {Cmill-on × (Tmill-on / (Tmill-off
incineration of the organic constitu- + Tmill-on))}
ents in the hazardous waste and on
their concentration or mass in the haz- Where:
ardous waste feed, considering the re- Ctotal = time-weighted average concentration
sults of hazardous waste analyses or of a regulated constituent considering
other data and information. both raw mill on time and off time;
(d) Cement kilns with in-line kiln raw Cmill-off = average performance test concentra-
tion of regulated constituent with the
mills—(1) General. (i) You must conduct raw mill off-line;
performance testing when the raw mill Cmill-on = average performance test concentra-
is on-line and when the mill is off-line tion of regulated constituent with the
to demonstrate compliance with the raw mill on-line;
emission standards, and you must es- Tmill-off = time when kiln gases are not routed
tablish separate operating parameter through the raw mill; and
limits under § 63.1209 for each mode of Tmill-on = time when kiln gases are routed
through the raw mill.
operation, except as provided by para-
graphs (d)(1)(iv) and (d)(1)(v) of this (ii) Compliance. (A) If you use this
section. emission averaging provision, you
(ii) You must document in the oper- must document in the operating record
ating record each time you change compliance with the emission stand-
from one mode of operation to the al- ards on an annual basis by using the
ternate mode and begin complying equation provided by paragraph (d)(2)
with the operating parameter limits of this section.
for that alternate mode of operation. (B) Compliance is based on one-year
(iii) You must calculate rolling aver- block averages beginning on the day
ages for operating parameter limits as you submit the initial notification of
provided by § 63.1209(q)(2). compliance.
(iv) If your in-line kiln raw mill has (iii) Notification. (A) If you elect to
dual stacks, you may assume that the document compliance with one or more
dioxin/furan emission levels in the by- emission standards using this emission
pass stack and the operating parameter averaging provision, you must notify
limits determined during performance the Administrator in the initial com-
testing of the by-pass stack when the prehensive performance test plan sub-
raw mill is off-line are the same as mitted under § 63.1207(e).
when the mill is on-line. (B) You must include historical raw
(v) In lieu of conducting a perform- mill operation data in the performance
ance test to demonstrate compliance test plan to estimate future raw mill
with the dioxin/furan emission stand- down-time and document in the per-
ards for the mode of operation when formance test plan that estimated
the raw mill is on-line, you may speci- emissions and estimated raw mill
fy in the performance test workplan down-time will not result in an exceed-
and Notification of Compliance the ance of an emission standard on an an-
same operating parameter limits re- nual basis.
quired under § 63.1209(k) for the mode of (C) You must document in the notifi-
operation when the raw mill is on-line cation of compliance submitted under
as you establish during performance § 63.1207(j) that an emission standard
testing for the mode of operation when will not be exceeded based on the docu-
the raw mill is off-line. mented emissions from the perform-
(2) Emissions averaging. You may com- ance test and predicted raw mill down-
ply with the mercury, semivolatile time.
metal, low volatile metal, and hydro- (e) Preheater or preheater/precalciner
gen chloride/chlorine gas emission kilns with dual stacks—(1) General. You
standards on a time-weighted average must conduct performance testing on
basis under the following procedures: each stack to demonstrate compliance
107
§ 63.1221 40 CFR Ch. I (7–1–16 Edition)
with the emission standards, and you (B) Document in the Notification of
must establish operating parameter Compliance submitted under § 63.1207(j)
limits under § 63.1209 for each stack, ex- the demonstrated gas flowrate-weight-
cept as provided by paragraph (d)(1)(iv) ed average emissions that you cal-
of this section for dioxin/furan emis- culate with the equation provided by
sions testing and operating parameter paragraph (e)(2) of this section.
limits for the by-pass stack of in-line (f) Significant figures. The emission
raw mills. limits provided by paragraphs (a) and
(2) Emissions averaging. You may com- (b) of this section are presented with
ply with the mercury, semivolatile two significant figures. Although you
metal, low volatile metal, and hydro- must perform intermediate calcula-
gen chloride/chlorine gas emission tions using at least three significant
standards specified in this section on a figures, you may round the resultant
gas flowrate-weighted average basis emission levels to two significant fig-
under the following procedures: ures to document compliance.
(i) Averaging methodology. You must (g) [Reserved]
calculate the gas flowrate-weighted av- (h) When you comply with the partic-
erage emission concentration using the ulate matter requirements of para-
following equation: graphs (a)(7) or (b)(7) of this section,
Ctot = {Cmain × (Qmain / (Qmain + Qbypass))} + you are exempt from the New Source
{Cbypass × (Qbypass / (Qmain + Qbypass))} Performance Standard for particulate
matter and opacity under § 60.60 of this
Where: chapter.
Ctot = gas flowrate-weighted average con-
centration of the regulated constituent; [70 FR 59571, Oct. 12, 2005, as amended at 71
Cmain = average performance test concentra- FR 62394, Oct. 25, 2006; 73 FR 18983, Apr. 8,
tion demonstrated in the main stack; 2008; 73 FR 64097, Oct. 28, 2008]
Cbypass = average performance test concentra-
tion demonstrated in the bypass stack; § 63.1221 What are the replacement
Qmain = volumetric flowrate of main stack ef- standards for hazardous waste
fluent gas; and burning lightweight aggregate
Qbypass = volumetric flowrate of bypass efflu- kilns?
ent gas. (a) Emission and hazardous waste feed
(ii) Compliance. (A) You must dem- limits for existing sources. You must not
onstrate compliance with the emission discharge or cause combustion gases to
standard(s) using the emission con- be emitted into the atmosphere or feed
centrations determined from the per- hazardous waste that contain:
formance tests and the equation pro- (1) For dioxins and furans, either:
vided by paragraph (e)(1) of this sec- (i) Emissions in excess of 0.20 ng TEQ/
tion; and dscm corrected to 7 percent oxygen; or
(B) You must develop operating pa- (ii) Rapid quench of the combustion
rameter limits for bypass stack and gas temperature at the exit of the
main stack flowrates that ensure the (last) combustion chamber (or exit of
emission concentrations calculated any waste heat recovery system that
with the equation in paragraph (e)(1) of immediately follows the last combus-
this section do not exceed the emission tion chamber) to 400 °F or lower based
standards on a 12-hour rolling average on the average of the test run average
basis. You must include these flowrate temperatures. You must also notify in
limits in the Notification of Compli- writing the RCRA authority that you
ance. are complying with this option;
(iii) Notification. If you elect to docu- (2) For mercury, either:
ment compliance under this emissions (i) Emissions in excess of 120 μgm/
averaging provision, you must: dscm, corrected to 7 percent oxygen; or
(A) Notify the Administrator in the (ii) A hazardous waste feedrate cor-
initial comprehensive performance test responding to a maximum theoretical
plan submitted under § 63.1207(e). The emission concentration (MTEC) in ex-
performance test plan must include, at cess of 120 μgm/dscm;
a minimum, information describing the (3) For cadmium and lead, both:
flowrate limits established under para- (i) Emissions in excess of 3.0 × 10¥4
graph (e)(2)(ii)(B) of this section; and lbs combined emissions of cadmium
108
and lead attributable to the hazardous (i) Emissions in excess of 0.20 ng TEQ/
waste per million Btu heat input from dscm corrected to 7 percent oxygen; or
the hazardous waste; and (ii) Rapid quench of the combustion
(ii) Emissions in excess of 250 μgm/ gas temperature at the exit of the
dscm, combined emissions, corrected to (last) combustion chamber (or exit of
7 percent oxygen; any waste heat recovery system that
(4) For arsenic, beryllium, and chro- immediately follows the last combus-
mium, both: tion chamber) to 400 °F or lower based
(i) In excess of 9.5 × 10¥5 lbs combined on the average of the test run average
emissions of arsenic, beryllium, and temperatures. You must also notify in
chromium attributable to the haz- writing the RCRA authority that you
ardous waste per million Btu heat are complying with this option;
input from the hazardous waste; (2) For mercury, either:
(ii) Emissions in excess of 110 μgm/ (i) Emissions in excess of 120 μgm/
dscm, combined emissions, corrected to dscm, corrected to 7 percent oxygen; or
7 percent oxygen; (ii) A hazardous waste feedrate cor-
(5) Carbon monoxide and hydrocarbons. responding to a maximum theoretical
(i) Carbon monoxide in excess of 100 emission concentration (MTEC) in ex-
parts per million by volume, over an cess of 120 μgm/dscm;
hourly rolling average (monitored con- (3) For cadmium and lead, both:
tinuously with a continuous emissions (i) Emissions in excess of 3.7 × 10¥5
monitoring system), dry basis and cor- lbs combined emissions of cadmium
rected to 7 percent oxygen. If you elect and lead attributable to the hazardous
to comply with this carbon monoxide waste per million Btu heat input from
standard rather than the hydrocarbon the hazardous waste; and
standard under paragraph (a)(5)(ii) of (ii) Emissions in excess of 43 μgm/
this section, you also must document dscm, combined emissions, corrected to
that, during the destruction and re- 7 percent oxygen;
moval efficiency (DRE) test runs or (4) For arsenic, beryllium, and chro-
their equivalent as provided by mium, both:
§ 63.1206(b)(7), hydrocarbons do not ex- (i) In excess of 3.3 × 10¥5 lbs combined
ceed 20 parts per million by volume emissions of arsenic, beryllium, and
during those runs, over an hourly roll- chromium attributable to the haz-
ing average (monitored continuously ardous waste per million Btu heat
with a continuous emissions moni- input from the hazardous waste;
toring system), dry basis, corrected to (ii) Emissions in excess of 110 μgm/
7 percent oxygen, and reported as pro- dscm, combined emissions, corrected to
pane; or 7 percent oxygen;
(ii) Hydrocarbons in excess of 20 parts (5) Carbon monoxide and hydrocarbons.
per million by volume, over an hourly (i) Carbon monoxide in excess of 100
rolling average, dry basis, corrected to parts per million by volume, over an
7 percent oxygen, and reported as pro- hourly rolling average (monitored con-
pane; tinuously with a continuous emissions
(6) Hydrogen chloride and chlorine monitoring system), dry basis and cor-
gas in excess of 600 parts per million by rected to 7 percent oxygen. If you elect
volume, combined emissions, expressed to comply with this carbon monoxide
as a chloride (Cl(¥)) equivalent, dry standard rather than the hydrocarbon
basis and corrected to 7 percent oxy- standard under paragraph (b)(5)(ii) of
gen; and this section, you also must document
(7) Particulate matter emissions in that, during the destruction and re-
excess of 0.025 gr/dscf, corrected to 7 moval efficiency (DRE) test runs or
percent oxygen. their equivalent as provided by
(b) Emission and hazardous waste feed § 63.1206(b)(7), hydrocarbons do not ex-
limits for new sources. You must not dis- ceed 20 parts per million by volume
charge or cause combustion gases to be during those runs, over an hourly roll-
emitted into the atmosphere or feed ing average (monitored continuously

hazardous waste that contain: with a continuous emissions moni-
(1) For dioxins and furans, either: toring system), dry basis, corrected to
109
Pt. 63, Subpt. EEE, Table 1 40 CFR Ch. I (7–1–16 Edition)
7 percent oxygen, and reported as pro- demonstrate this DRE performance on

pane; or POHCs that are more difficult to incin-
(ii) Hydrocarbons in excess of 20 parts erate than tetra-, penta-, and
per million by volume, over an hourly hexachlorodibenzo-dioxins and
rolling average, dry basis, corrected to dibenzofurans. You must use the equa-
7 percent oxygen, and reported as pro- tion in paragraph (c)(1) of this section
pane; to calculate DRE for each POHC. In ad-
(6) Hydrogen chloride and chlorine dition, you must notify the Adminis-
gas in excess of 600 parts per million by trator of your intent to burn hazardous
volume, combined emissions, expressed wastes F020, F021, F022, F023, F026, or
as a chloride (Cl(¥)) equivalent, dry F027.
basis and corrected to 7 percent oxy-
(3) Principal organic hazardous con-
gen; and
stituents (POHCs). (i) You must treat
(7) Particulate matter emissions in
each POHC in the waste feed that you
excess of 0.0098 gr/dscf corrected to 7
percent oxygen. specify under paragraph (c)(3)(ii) of
(c) Destruction and removal efficiency this section to the extent required by
(DRE) standard—(1) 99.99% DRE. Except paragraphs (c)(1) and (c)(2) of this sec-
as provided in paragraph (c)(2) of this tion.
section, you must achieve a destruc- (ii) You must specify one or more
tion and removal efficiency (DRE) of POHCs that are representative of the
99.99% for each principal organic haz- most difficult to destroy organic com-
ardous constituent (POHC) designated pounds in your hazardous waste
under paragraph (c)(3) of this section. feedstream. You must base this speci-
You must calculate DRE for each fication on the degree of difficulty of
POHC from the following equation: incineration of the organic constitu-
DRE = [1 ¥ (Wout / Win)] × 100% ents in the hazardous waste and on
their concentration or mass in the haz-
Where: ardous waste feed, considering the re-
Win = mass feedrate of one POHC in a waste sults of hazardous waste analyses or
feedstream; and other data and information.
Wout = mass emission rate of the same POHC
present in exhaust emissions prior to re- (d) Significant figures. The emission
lease to the atmosphere. limits provided by paragraphs (a) and
(b) of this section are presented with
(2) 99.9999% DRE. If you burn the two significant figures. Although you
dioxin-listed hazardous wastes F020, must perform intermediate calcula-
F021, F022, F023, F026, or F027 (see tions using at least three significant
§ 261.31 of this chapter), you must figures, you may round the resultant
achieve a destruction and removal effi-
emission levels to two significant fig-
ciency (DRE) of 99.9999% for each
ures to document compliance.
POHC that you designate under para-
graph (c)(3) of this section. You must [70 FR 59574, Oct. 12, 2005]
TABLE 1 TO SUBPART EEE OF PART 63—GENERAL PROVISIONS APPLICABLE TO

SUBPART EEE
Reference Applies to subpart EEE Explanation
63.1 ............................................. Yes.

63.2 ............................................. Yes.
63.3 ............................................. Yes.
63.4 ............................................. Yes..
63.5 ............................................. Yes.
63.6(a), (b), (c), (d), and (e) ........ Yes.
63.6(f) .......................................... Yes ............................................. Except that the performance test requirements of Sec.
63.1207 apply instead of § 63.6(f)(2)(iii)(B).
63.6(g) and (h) ............................ Yes.
63.6(i) .......................................... Yes ............................................. Section 63.1213 specifies that the compliance date may
also be extended for inability to install necessary emis-

sion control equipment by the compliance date because
of implementation of pollution prevention or waste mini-
mization controls.
110
Environmental Protection Agency Pt. 63, Subpt. EEE, Table 1
63.6(j) .......................................... Yes.

63.7(a) ......................................... Yes ............................................. Except § 63.1207(e)(3) allows you to petition the Adminis-
trator under § 63.7(h) to provide an extension of time to
conduct a performance test.
63.7(b) ......................................... Yes ............................................. Except § 63.1207(e) requires you to submit the site-spe-
cific test plan for approval at least one year before the
comprehensive performance test is scheduled to begin.
63.7(c) ......................................... Yes ............................................. Except § 63.1207(e) requires you to submit the site-spe-
cific test plan (including the quality assurance provi-
sions under § 63.7(c)) for approval at least one year be-
fore the comprehensive performance test is scheduled
to begin.
63.7(d) ......................................... Yes.
63.7(e) ......................................... Yes ............................................. Except § 63.1207 prescribes operations during perform-
ance testing and § 63.1209 specifies operating limits
that will be established during performance testing
(such that testing is likely to be representative of the
extreme range of normal performance).
63.7(f) .......................................... Yes.
63.7(g) ......................................... Yes ............................................. Except § 63.1207(j) requiring that you submit the results
of the performance test (and the notification of compli-
ance) within 90 days of completing the test, unless the
Administrator grants a time extension, applies instead
of § 63.7(g)(1).
63.7(h) ......................................... Yes ............................................. Except § 63.1207(c)(2) allows data in lieu of the initial
comprehensive performance test, and § 63.1207(m)
provides a waiver of certain performance tests. You
must submit requests for these waivers with the site-
specific test plan.
63.8(a) and (b) ............................ Yes.
63.8(c) ......................................... Yes ............................................. Except: (1) § 63.1211(c) that requires you to install, cali-
brate, and operate CMS by the compliance date ap-
plies instead of § 63.8(c)(3); and (2) the performance
specifications for CO, HC, and O2 CEMS in subpart B,
of this chapter requiring that the detectors measure the
sample concentration at least once every 15 seconds
for calculating an average emission level once every 60
seconds apply instead of § 63.8(c)(4)(ii).
63.8(d) ......................................... Yes.
63.8(e) ......................................... Yes ............................................. Except § 63.1207(e) requiring you to submit the site-spe-
cific comprehensive performance test plan and the
CMS performance evaluation test plan for approval at
least one year prior to the planned test date applies in-
stead of §§ 63.8(e)(2) and (3)(iii).
63.8(f) and (g) ............................. Yes.
63.9(a) ......................................... Yes.
63.9(b) ......................................... Yes ............................................. Note: Section 63.9(b)(1)(ii) pertains to notification require-
ments for area sources that become a major source,
and § 63.9(b)(2)(v) requires a major source determina-
tion. Although area sources are subject to all provisions
of this subpart (Subpart EEE), these sections nonethe-
less apply because the major source determination
may affect the applicability of part 63 standards or title
V permit requirements to other sources (i.e., other than
a hazardous waste combustor) of hazardous air pollut-
ants at the facility.
63.9(c) and (d) ............................ Yes.
63.9(e) ......................................... Yes ............................................. Except § 63.1207(e) which requires you to submit the
comprehensive performance test plan for approval one
year prior to the planned performance test date applies
instead of § 63.9(e).
63.9(f) .......................................... Yes ............................................. Section 63.9(f) applies if you are allowed under
§ 63.1209(a)(1)(v) to use visible determination of opac-
ity for compliance in lieu of a COMS.
63.9(g) ......................................... Yes ............................................. Except § 63.9(g)(2) pertaining to COMS does not apply.
63.9(h) ......................................... Yes ............................................. Except § 63.1207(j) requiring you to submit the notification
of compliance within 90 days of completing a perform-
ance test unless the Administrator grants a time exten-
sion applies instead of § 63.9(h)(2)(iii). Note: Even
though area sources are subject to this subpart, the
major source determination required by

§ 63.9(h)(2)(i)(E) is applicable to hazardous waste com-
bustors for the reasons discussed above.
63.9(i) and (j) ............................... Yes.
111
Pt. 63, Subpt. EEE, App. 40 CFR Ch. I (7–1–16 Edition)
63.10 ........................................... Yes ............................................. Except reports of performance test results required under
§ 63.10(d)(2) may be submitted up to 90 days after
completion of the test.
63.11 ........................................... No.
63.12–63.15 ................................ Yes.
[67 FR 6994, Feb. 14, 2002]
APPENDIX TO SUBPART EEE OF PART b. Because the control and corrective ac-
63—QUALITY ASSURANCE PROCE- tion function encompasses a variety of poli-
DURES FOR CONTINUOUS EMISSIONS cies, specifications, standards, and correc-
tive measures, this procedure treats QC re-
MONITORS USED FOR HAZARDOUS
quirements in general terms to allow each
WASTE COMBUSTORS source owner or operator to develop a QC
1. Applicability and Principle system that is most effective and efficient
for the circumstances.
1.1 Applicability. These quality assurance
requirements are used to evaluate the effec- 2. Definitions
tiveness of quality control (QC) and quality
2.1 Continuous Emission Monitoring System
assurance (QA) procedures and the quality of
(CEMS). The total equipment required for
data produced by continuous emission moni-
toring systems (CEMS) that are used for de- the determination of a pollutant concentra-
termining compliance with the emission tion. The system consists of the following
standards on a continuous basis as specified major subsystems:
in the applicable regulation. The QA proce- 2.1.1 Sample Interface. That portion of the
dures specified by these requirements rep- CEMS used for one or more of the following:
resent the minimum requirements necessary sample acquisition, sample transport, and
for the control and assessment of the quality sample conditioning, or protection of the
of CEMS data used to demonstrate compli- monitor from the effects of the stack efflu-
ance with the emission standards provided ent.
under this subpart EEE of part 63. Owners 2.1.2 Pollutant Analyzer. That portion of
and operators must meet these minimum re- the CEMS that senses the pollutant con-
quirements and are encouraged to develop centration and generates a proportional out-
and implement a more extensive QA pro- put.
gram. These requirements supersede those 2.1.3 Diluent Analyzer. That portion of the
found in part 60, Appendix F, of this chapter. CEMS that senses the diluent gas (O2) and
Appendix F does not apply to hazardous generates an output proportional to the gas
waste-burning devices. concentration.
1.2 Principle. The QA procedures consist 2.1.4 Data Recorder. That portion of the
of two distinct and equally important func- CEMS that provides a permanent record of
tions. One function is the assessment of the the analyzer output. The data recorder may
quality of the CEMS data by estimating ac- provide automatic data reduction and CEMS
curacy. The other function is the control and control capabilities.
improvement of the quality of the CEMS 2.2 Relative Accuracy (RA). The absolute
data by implementing QC policies and cor- mean difference between the pollutant con-
rective actions. These two functions form a centration determined by the CEMS and the
control loop. When the assessment function value determined by the reference method
indicates that the data quality is inad- (RM) plus the 2.5 percent error confidence co-
equate, the source must immediately stop efficient of a series of test divided by the
burning hazardous waste. The CEM data con- mean of the RM tests or the applicable emis-
trol effort must be increased until the data sion limit.
quality is acceptable before hazardous waste 2.3 Calibration Drift (CD). The difference in
burning can resume. the CEMS output readings from the estab-
a. In order to provide uniformity in the as- lished reference value after a stated period of
sessment and reporting of data quality, this operation during which no unscheduled
procedure explicitly specifies the assessment maintenance, repair, or adjustment took
methods for response drift and accuracy. The place.
methods are based on procedures included in 2.4 Zero Drift (ZD). The difference in
the applicable performance specifications CEMS output readings at the zero pollutant
provided in appendix B to part 60 of this level after a stated period of operation dur-
chapter. These procedures also require the ing which no unscheduled maintenance, re-
analysis of the EPA audit samples concur- pair, or adjustment took place.
rent with certain reference method (RM) 2.5 Calibration Standard. Calibration
analyses as specified in the applicable RM’s. standards produce a known and unchanging
112
Environmental Protection Agency Pt. 63, Subpt. EEE, App.
response when presented to the pollutant an- 2. Schedules for the daily checks, periodic
alyzer portion of the CEMS, and are used to audits, and preventive maintenance.
calibrate the drift or response of the ana- 3. Check lists and data sheets.
lyzer. 4. Preventive maintenance procedures.
2.6 Relative Accuracy Test Audit (RATA). 5. Description of the media, format, and lo-
Comparison of CEMS measurements to ref- cation of all records and reports.
erence method measurements in order to 6. Provisions for a review of the CEMS data
evaluate relative accuracy following proce- at least once a year. Based on the results of
dures and specification given in the appro- the review, the owner or operator must re-
priate performance specification. vise or update the QA plan, if necessary.
2.7 Absolute Calibration Audit (ACA).
Equivalent to calibration error (CE) test de- 4. CD and ZD Assessment and Daily System
fined in the appropriate performance speci- Audit
fication using NIST traceable calibration 4.1 CD and ZD Requirement. Owners and
standards to challenge the CEMS and assess operators must check, record, and quantify
accuracy. the ZD and the CD at least once daily (ap-
2.8 Rolling Average. The average emis- proximately 24 hours) in accordance with the
sions, based on some (specified) time period, method prescribed by the manufacturer. The
calculated every minute from a one-minute CEMS calibration must, at a minimum, be
average of four measurements taken at 15- adjusted whenever the daily ZD or CD ex-
second intervals. ceeds the limits in the Performance Speci-
fications. If, on any given ZD and/or CD
3. QA/QC Requirements check the ZD and/or CD exceed(s) two times
3.1 QC Requirements. a. Each owner or the limits in the Performance Specifications,
operator must develop and implement a QC or if the cumulative adjustment to the ZD
program. At a minimum, each QC program and/or CD (see Section 4.2) exceed(s) three
must include written procedures describing times the limits in the Performance Speci-
in detail complete, step-by-step procedures fications, hazardous waste burning must im-
and operations for the following activities. mediately cease and the CEMS must be serv-
1. Checks for component failures, leaks, iced and recalibrated. Hazardous waste burn-
and other abnormal conditions. ing cannot resume until the owner or oper-
2. Calibration of CEMS. ator documents that the CEMS is in compli-
3. CD determination and adjustment of ance with the Performance Specifications by
CEMS. carrying out an ACA.
4. Integration of CEMS with the automatic 4.2 Recording Requirements for Automatic
waste feed cutoff (AWFCO) system. ZD and CD Adjusting Monitors. Monitors that
5. Preventive Maintenance of CEMS (in- automatically adjust the data to the cor-
cluding spare parts inventory). rected calibration values must record the
6. Data recording, calculations, and report- unadjusted concentration measurement prior
ing. to resetting the calibration, if performed, or
7. Checks of record keeping. record the amount of the adjustment.
8. Accuracy audit procedures, including 4.3 Daily System Audit. The audit must in-
sampling and analysis methods. clude a review of the calibration check data,
9. Program of corrective action for mal- an inspection of the recording system, an in-
functioning CEMS. spection of the control panel warning lights,
10. Operator training and certification. and an inspection of the sample transport
11. Maintaining and ensuring current cer- and interface system (e.g., flowmeters, fil-
tification or naming of cylinder gasses, ters, etc.) as appropriate.
metal solutions, and particulate samples 4.4 Data Recording and Reporting. All
used for audit and accuracy tests, daily measurements from the CEMS must be re-
checks, and calibrations. tained in the operating record for at least 5
b. Whenever excessive inaccuracies occur years.
for two consecutive quarters, the current
5. Performance Evaluation for CO, O2, and HC
written procedures must be revised or the
CEMS
CEMS modified or replaced to correct the de-
ficiency causing the excessive inaccuracies. Carbon Monoxide (CO), Oxygen (O2), and
These written procedures must be kept on Hydrocarbon (HC) CEMS. An Absolute Cali-
record and available for inspection by the en- bration Audit (ACA) must be conducted
forcement agency. quarterly, and a Relative Accuracy Test
3.2 QA Requirements. Each source owner Audit (RATA) (if applicable, see sections 5.1
or operator must develop and implement a and 5.2) must be conducted yearly. An Inter-
QA plan that includes, at a minimum, the ference Response Tests must be performed
following. whenever an ACA or a RATA is conducted.
1. QA responsibilities (including maintain- When a performance test is also required

ing records, preparing reports, reviewing re- under § 63.1207 to document compliance with
ports). emission standards, the RATA must coincide
113
Pt. 63, Subpt. EEE, App. 40 CFR Ch. I (7–1–16 Edition)
with the performance test. The audits must 6.3.1 CO CEMS. The CO CEM must have
be conducted as follows. two ranges, a low range with a span of 200
5.1 Relative Accuracy Test Audit (RATA). ppmv and a high range with a span of 3000
This requirement applies to O2 and CO ppmv at an oxygen correction factor of 1. A
CEMS. The RATA must be conducted at one-range CEM may be used, but it must
least yearly. Conduct the RATA as described meet the performance specifications for the
in the RA test procedure (or alternate proce- low range in the specified span of the low
dures section) described in the applicable range.
Performance Specifications. In addition, 6.3.2 O2 CEMS. The O2 CEM must have a
analyze the appropriate performance audit span of 25 percent. The span may be higher
samples received from the EPA as described than 25 percent if the O2 concentration at
in the applicable sampling methods. the sampling point is greater than 25 per-
5.2 Absolute Calibration Audit (ACA). The cent.
ACA must be conducted at least quarterly 6.3.3 HC CEMS. The HC CEM must have a
except in a quarter when a RATA (if applica- span of 100 ppmv, expressed as propane, at an
ble, see section 5.1) is conducted instead. oxygen correction factor of 1.
Conduct an ACA as described in the calibra- 6.3.4 CEMS Span Values. When the Oxygen
tion error (CE) test procedure described in Correction Factor is Greater than 2. When an
the applicable Performance Specifications. owner or operator installs a CEMS at a loca-
5.3 Interference Response Test. The inter- tion of high ambient air dilution, i.e., where
ference response test must be conducted the maximum oxygen correction factor as
whenever an ACA or RATA is conducted. determined by the permitting agency is
Conduct an interference response test as de- greater than 2, the owner or operator must
scribed in the applicable Performance Speci- install a CEM with a lower span(s), propor-
fications. tionate to the larger oxygen correction fac-
5.4 Excessive Audit Inaccuracy. If the RA tor, than those specified above.
from the RATA or the CE from the ACA ex- 6.3.5 Use of Alternative Spans. Owner or op-
ceeds the criteria in the applicable Perform- erators may request approval to use alter-
ance Specifications, hazardous waste burning native spans and ranges to those specified.
must cease immediately. Hazardous waste Alternate spans must be approved in writing
burning cannot resume until the owner or in advance by the Administrator. In consid-
operator takes corrective measures and ering approval of alternative spans and
audit the CEMS with a RATA to document ranges, the Administrator will consider that
that the CEMS is operating within the speci- measurements beyond the span will be re-
fications. corded as values at the maximum span for
purposes of calculating rolling averages.
6. Other Requirements 6.3.6 Documentation of Span Values. The
6.1 Performance Specifications. CEMS used span value must be documented by the
by owners and operators of HWCs must com- CEMS manufacturer with laboratory data.
ply with the following performance specifica- 6.4.1 Moisture Correction. Method 4 of ap-
tions in appendix B to part 60 of this chapter: pendix A, part 60 of this chapter, must be
used to determine moisture content of the
TABLE I: PERFORMANCE SPECIFICATIONS FOR stack gasses.
6.4.2 Oxygen Correction Factor. Measured
CEMS
pollutant levels must be corrected for the
Per- amount of oxygen in the stack according to
form- the following formula:
CEMS ance
speci-
fication Pc = Pm × 14/( E − Y)
Where:
Carbon monoxide ...................................................... 4B
Oxygen ...................................................................... 4B Pc = concentration of the pollutant or stand-
Total hydrocarbons .................................................... 8A ard corrected to 7 percent oxygen, dry
basis;
6.2 Downtime due to Calibration. Facilities Pm = measured concentration of the pollut-
may continue to burn hazardous waste for a ant, dry basis;
maximum of 20 minutes while calibrating E = volume fraction of oxygen in the com-
the CEMS. If all CEMS are calibrated at bustion air fed into the device, on a dry
once, the facility must have twenty minutes basis (normally 21 percent or 0.21 if only
to calibrate all the CEMS. If CEMS are cali- air is fed);
brated individually, the facility must have Y = measured fraction of oxygen on a dry
twenty minutes to calibrate each CEMS. If basis at the sampling point.
the CEMS are calibrated individually, other
CEMS must be operational while the indi- The oxygen correction factor is:
ER30SE99.023</GPH>
vidual CEMS is being calibrated.

6.3 Span of the CEMS.
OCF = 14/( E − Y)
114
ER30SE99.022</GPH>
6.4.3 Temperature Correction. Correction available, an hourly average must be cal-
values for temperature are obtainable from culated. The n-hour rolling average is cal-
standard reference materials. culated by averaging the n most recent hour-
6.5 Rolling Average. A rolling average is ly averages.
the arithmetic average of all one-minute 6.6 Units of the Standards for the Pur-
averages over the averaging period. poses of Recording and Reporting Emissions.
6.5.1 One-Minute Average for CO and HHC Emissions must be recorded and reported ex-
CEMS. One-minute averages are the arith- pressed after correcting for oxygen, tempera-
metic average of the four most recent 15-sec- ture, and moisture. Emissions must be re-
ond observations and must be calculated ported in metric, but may also be reported in
using the following equation: the English system of units, at 7 percent ox-
ygen, 20 °C, and on a dry basis.
4 6.7 Rounding and Significant Figures.
ci
c=∑ Emissions must be rounded to two signifi-
i =1 4
cant figures using ASTM procedure E–29–90
or its successor. Rounding must be avoided
Where: prior to rounding for the reported value.
c̄ = the one minute average
ci = a fifteen-second observation from the 7. Bibliography
CEM 1. 40 CFR part 60, appendix F, ‘‘Quality As-
Fifteen second observations must not be surance Procedures: Procedure 1. Quality As-
rounded or smoothed. Fifteen-second obser- surance Requirements for Gas continuous
vations may be disregarded only as a result Emission Monitoring Systems Used For
of a failure in the CEMS and allowed in the Compliance Determination’’.
source’s quality assurance plan at the time [64 FR 53038, Sept. 30, 1999, as amended at 65
of the CEMS failure. One-minute averages FR 42301, July 10, 2000]
must not be rounded, smoothed, or dis-
regarded.
6.5.2 Ten Minute Rolling Average Equa- Subpart FFF [Reserved]
tion. The ten minute rolling average must be
calculated using the following equation: Subpart GGG—National Emission
10 Standards for Pharma-
ci
C RA = ∑ ceuticals Production
i =1 10
Where: SOURCE: 63 FR 50326, Sept. 21, 1998, unless
otherwise noted.
CRA = The concentration of the standard, ex-
pressed as a rolling average
§ 63.1250 Applicability.
c̄i = a one minute average
(a) Definition of affected source. (1)
6.5.3 Hourly Rolling Average Equation for
CO and THC CEMS and Operating Parameter The affected source subject to this sub-
Limits. The rolling average, based on a spe- part consists of the pharmaceutical
cific number integer of hours, must be cal- manufacturing operations as defined in
culated using the following equation: § 63.1251. Except as specified in para-
graph (d) of this section, the provisions
60
ci of this subpart apply to pharma-
C RA = ∑ ceutical manufacturing operations that
i =1 60 meet the criteria specified in para-
Where: graphs (a)(1) (i) through (iii) of this
cRA = The concentration of the standard, ex- section:
pressed as a rolling average (i) Manufacture a pharmaceutical
c̄i = a one minute average product as defined in § 63.1251;
6.5.4 Averaging Periods for CEMS other (ii) Are located at a plant site that is
than CO and THC. The averaging period for a major source as defined in section
CEMS other than CO and THC CEMS must 112(a) of the Act; and
be calculated as a rolling average of all one- (iii) Process, use, or produce HAP.
ER30SE99.026</GPH>
hour values over the averaging period. An (2) Determination of the applicability
hourly average is comprised of 4 measure- of this subpart shall be reported as part
ments taken at equally spaced time inter-
vals, or at most every 15 minutes. Fewer
of an operating permit application or
than 4 measurements might be available as otherwise specified by the permit-
ting authority.
ER30SE99.025</GPH>
within an hour for reasons such as facility

downtime or CEMS calibration. If at least (b) New source applicability. A new af-
two measurements (30 minutes of data) are fected source subject to this subpart
115
ER10JY00.004</MATH>
§ 63.1250 40 CFR Ch. I (7–1–16 Edition)
and to which the requirements for new (3) If predominant use cannot be de-
sources apply is: An affected source for termined for a storage tank that is
which construction or reconstruction shared among process units (including
commenced after April 2, 1997, and the at least one PMPU), then the owner or
standard was applicable at the time of operator shall assign the storage tank
construction or reconstruction; or a to any one of the PMPU’s that shares
pharmaceutical manufacturing process it and is also subject to this subpart.
unit (PMPU) dedicated to manufac- (4) If the predominant use of a stor-
turing a single product that has the po- age tank varies from year to year, then
tential to emit 10 tons per year of any predominant use shall be determined
one HAP or 25 tons per year of com- based on the utilization that occurred
bined HAP for which construction com- during the year preceding September
menced after April 2, 1997 or recon- 21, 1998 for existing affected sources.
struction commenced after October 21, For new affected sources, predominant
1999. use will be based on the first year after
(c) General provisions. Table 1 of this initial startup. The determination of
subpart specifies and clarifies the pro- predominant use shall be reported in
visions of subpart A of this part that the Notification of Compliance Status
apply to an owner or operator of an af- required by § 63.1260(f). If the predomi-
fected source subject to this subpart. nant use changes, the redetermination
The provisions of subpart A specified in of predominant use shall be reported in
Table 1 are the only provisions of sub-
the next Periodic report.
part A that apply to an affected source
(5) If the storage tank begins receiv-
subject to this subpart.
ing material from (or sending material
(d) Processes exempted from the affected
to) another PMPU, or ceases to receive
source. The provisions of this subpart
material from (or send material to) a
do not apply to research and develop-
PMPU, or if the applicability of this
ment facilities.
subpart to a storage tank has been de-
(e) Storage tank ownership determina-
termined according to the provisions of
tion. The owner or operator shall follow
paragraphs (e)(1) through (4) of this
the procedures specified in paragraphs
section and there is a significant
(e)(1) through (5) of this section to de-
termine to which PMPU a storage tank change in the use of the storage tank
shall belong. If an owner or operator that could reasonably change the pre-
produces only pharmaceutical prod- dominant use, the owner or operator
ucts, the procedures specified in para- shall reevaluate the applicability of
graphs (e)(1) through (5) of this section this subpart to the storage tank and re-
are required only to determine applica- port such changes to EPA in the next
bility and demonstrate compliance Periodic report.
with the pollution-prevention alter- (f) Compliance dates. The compliance
native specified in § 63.1252(e), or to de- dates for affected sources are as fol-
termine new source applicability for a lows:
PMPU dedicated to manufacturing a (1) An owner or operator of an exist-
single product as specified in paragraph ing affected source must comply with
(b) of this section. the provisions of this subpart no later
(1) If a storage tank is dedicated to a than October 21, 2002.
single PMPU, the storage tank shall (2) An owner or operator of a new or
belong to that PMPU. reconstructed affected source must
(2) If a storage tank is shared among comply with the provisions of this sub-
process units (including at least one part on August 29, 2000 or upon startup,
PMPU), then the storage tank shall be- whichever is later.
long to the process unit located on the (3) Notwithstanding the requirements
same plant site as the storage tank of paragraph (f)(2) of this section, a
that has the greatest annual volume new source which commences construc-
input into or output from the storage tion or reconstruction after April 2,
tank (i.e., said PMPU or process unit 1997 and before September 21, 1998 shall
has the predominant use of the storage not be required to comply with this
tank). subpart until September 21, 2001 if:
116
(i) The requirements of this subpart the date specified in paragraph (f)(6)(i)
are more stringent than the require- of this section provided the need for
ments of this subpart in effect before the compliance extension arose after
August 29, 2000 and contained in the 40 that date and before the otherwise ap-
CFR, part (63.1200–end), edition revised plicable compliance date, and the need
as of July 1, 2000; and arose due to circumstances beyond rea-
(ii) The owner or operator complies sonable control of the owner or oper-
with the requirements published on ator. This request shall include the
April 2, 1997 (62 FR 15754) during the pe- data described in § 63.6(i)(6)(i) (A), (B),
riod until September 21, 2001. (C), and (D).
(4) Notwithstanding the requirements (g) Applicability of this subpart. (1)
of paragraph (f)(2) of this section, a Each provision set forth in this subpart
new source which commences construc- shall apply at all times, except that
tion or reconstruction after September the provisions set forth in § 63.1255 of
21, 1998 and before April 10, 2000 shall this subpart shall not apply during pe-
not be required to comply with this riods of nonoperation of the PMPU (or
subpart until October 21, 2002 if: specific portion thereof) in which the
(i) The requirements of this subpart lines are drained and depressurized re-
are more stringent than the require- sulting in the cessation of the emis-
ments of this subpart in effect before sions to which § 63.1255 of this subpart
August 29, 2000; and applies.
(ii) The owner or operator complies (2) The owner or operator shall not
with the requirements of this subpart shut down items of equipment that are
in effect before August 29, 2000 during required or utilized for compliance
the period between startup and October with the emissions limitations of this
21, 2002. subpart during times when emissions
(5) Notwithstanding the requirements (or, where applicable, wastewater
of paragraph (f)(2) of this section, a streams or residuals) are being routed
new source which commences construc- to such items of equipment, if the shut-
tion or reconstruction after April 10, down would contravene emissions limi-
2000 and before August 29, 2000 shall not tations of this subpart applicable to
be required to comply with this sub- such items of equipment. This para-
part until August 29, 2001 if: graph does not apply if the owner or
(i) The requirements of this subpart operator must shut down the equip-
are more stringent than the requirement to avoid damage to a PMPU or
ments published on April 10, 2000 (65 FR portion thereof.
19152); and (3) At all times, each owner or oper-
(ii) The owner or operator complies ator must operate and maintain any af-
with the requirements of this subpart fected source subject to the require-
in effect before August 29, 2000 during ments of this subpart, including associ-
the period between startup and August ated air pollution control equipment
29, 2001. and monitoring equipment, in a man-
(6) Pursuant to section 112(i)(3)(B) of ner consistent with safety and good air
the Act, an owner or operator may re- pollution control practices for mini-
quest an extension allowing the exist- mizing emissions. The general duty to
ing source up to 1 additional year to minimize emissions does not require
comply with section 112(d) standards. the owner or operator to make any fur-
(i) For purposes of this subpart, a re- ther efforts to reduce emissions if lev-
quest for an extension shall be sub- els required by this standard have been
mitted no later than 120 days prior to achieved. Determination of whether
the compliance dates specified in para- such operation and maintenance proce-
graphs (f) (1) through (5) of this sec- dures are being used will be based on
tion, except as provided in paragraph information available to the Adminis-
(f)(6)(ii) of this section. The dates spec- trator which may include, but is not
ified in § 63.6(i) for submittal of re- limited to, monitoring results, review
quests for extensions shall not apply to of operation and maintenance proce-
sources subject to this subpart. dures, review of operation and mainte-

(ii) An owner or operator may submit nance records, and inspection of the
a compliance extension request after source.
117
§ 63.1250 40 CFR Ch. I (7–1–16 Edition)
(4) In response to an action to enforce (G) All of the actions in response to

the standards set forth in this subpart, the excess emissions were documented
an owner or operator may assert an af- by properly signed, contemporaneous
firmative defense to a claim for civil operating logs;
penalties for exceedances of such (H) At all times, the facility was op-
standards that are caused by a mal- erated in a manner consistent with
function, as defined in § 63.2. Appro- good practices for minimizing emis-
priate penalties may be assessed, how- sions; and
ever, if owner or operator fails to meet (I) The owner or operator has pre-
the burden of proving all the require- pared a written root cause analysis,
ments in the affirmative defense. The the purpose of which is to determine,
affirmative defense shall not be avail- correct, and eliminate the primary
able for claims for injunctive relief. causes of the malfunction and the ex-
(i) To establish the affirmative de- cess emissions resulting from the mal-
fense in any action to enforce such a function event at issue. The analysis
limit, the owners or operators of a fa- shall also specify, using the best moni-
cility must timely meet the notifica- toring methods and engineering judg-
tion requirements of paragraph ment, the amount of excess emissions
(g)(4)(ii) of this section, and must prove that were the result of the malfunc-
by a preponderance of evidence that: tion.
(A) The excess emissions were caused (ii) Notification. The owner or oper-
by a sudden, infrequent, and unavoid- ator of the facility experiencing an ex-
able failure of air pollution control and ceedance of its emission limit(s) during
monitoring equipment, or a process to a malfunction shall notify the Admin-
operate in a normal and usual manner; istrator by telephone or facsimile
and could not have been prevented (FAX) transmission as soon as possible,
through careful planning, proper de- but no later than 2 business days after
sign, or better operation and mainte- the initial occurrence of the malfunc-
nance practices; and did not stem from tion, if it wishes to avail itself of an af-
any activity or event that could have firmative defense to civil penalties for
been foreseen and avoided, or planned that malfunction. The owner or oper-
for; and were not part of a recurring ator seeking to assert an affirmative
pattern indicative of inadequate de- defense shall also submit a written re-
sign, operation, or maintenance; port to the Administrator within 45
(B) Repairs were made as expedi- days of the initial occurrence of the ex-
tiously as possible when the applicable ceedance of the standard in this sub-
emission limitations were being ex- part to demonstrate, with all necessary
ceeded. Off-shift and overtime labor supporting documentation, that it has
were used, to the extent practicable to met the requirements set forth in para-
make these repairs; graph (g)(4)(i) of this section. The
(C) The frequency, amount, and dura- owner or operator may seek an exten-
tion of the excess emissions (including sion of this deadline for up to 30 addi-
any bypass) were minimized to the tional days by submitting a written re-
maximum extent practicable during quest to the Administrator before the
periods of such emissions; expiration of the 45 day period. Until a
(D) If the excess emissions resulted request for an extension has been ap-
from a bypass of control equipment or proved by the Administrator, the
a process, then the bypass was unavoid- owner or operator is subject to the re-
able to prevent loss of life, personal in- quirement to submit such report with-
jury, or severe property damage; in 45 days of the initial occurrence of
(E) All possible steps were taken to the exceedance.
minimize the impact of the excess (h) Consistency with other regulations—
emissions on ambient air quality, the (1) Compliance with other MACT stand-
environment, and human health; ards. (i) After the compliance dates
(F) All emissions monitoring and specified in this section, an affected
control systems were kept in operation source subject to the provisions of this
if at all possible, consistent with safety subpart that is also subject to the pro-
and good air pollution control prac- visions of any other subpart of this
tices; part 63 may elect to comply with either
118
the provisions of this subpart or the cation of Compliance Status, required

provisions of another applicable sub- by § 63.1260(f), the monitoring, record-
part governing the maintenance of keeping, and reporting authority under
records and reporting to EPA. The af- which the owner or operator will com-
fected source shall identify in the Noti- ply.
fication of Compliance Status report (ii) After the compliance dates speci-
required by § 63.1260(f) under which au- fied in this section, if any equipment at
thority such records will be main- an affected source that is subject to
tained. § 63.1255, is also subject to 40 CFR part
(ii) After the compliance dates speci- 264, subpart BB, or to 40 CFR part 265,
fied in paragraph (f) of this section, at subpart BB, then compliance with the
an offsite reloading or cleaning facility recordkeeping and reporting require-
subject to § 63.1253(f), compliance with ments of 40 CFR parts 264 and/or 265
the emission standards and associated may be used to comply with the record-
initial compliance, monitoring, recordkeeping and reporting requirements of
keeping, and reporting provisions of § 63.1255, to the extent that the require-
any other subpart of this part 63 con- ments of 40 CFR parts 264 and/or 265 du-
stitutes compliance with the provisions plicate the requirements of § 63.1255.
of § 63.1253(f)(7) (ii) or (iii). The owner The owner or operator shall identify in
or operator of the affected storage tank the Notification of Compliance Status,
shall identify in the Notification of required by § 63.1260(f), if the owner or
Compliance Status report required by operator will comply with the record-
§ 63.1260(f) the subpart of this part 63 keeping and reporting authority under
with which the owner or operator of 40 CFR parts 264 and/or 265.
the offsite reloading or cleaning facil- (3) Compliance with 40 CFR 60.112(b).
ity complies. After the compliance dates specified in
(2) Consistency with 40 CFR parts 264 this section, a storage tank controlled
and 265, subparts AA, BB, and/or CC. (i) with a floating roof and in compliance
After the compliance dates specified in with the provisions of 40 CFR 60.112b,
this section, if any control device sub- subpart Kb, constitutes compliance
ject to this subpart is also subject to with the provisions of this subpart
monitoring, recordkeeping, and report- GGG. A storage tank with a fixed roof,
ing requirements in 40 CFR part 264, closed vent system, and control device
subpart AA, BB, or CC, or is subject to in compliance with the provisions of 40
monitoring and recordkeeping require- CFR 60.112b, subpart Kb must comply
ments in 40 CFR part 265, subpart AA, with the monitoring, recordkeeping,
BB, or CC, and the owner or operator and reporting provisions of this sub-
complies with the periodic reporting part GGG. The owner or operator shall
requirements under 40 CFR part 264, identify in the Notification of Compli-
subpart AA, BB, or CC that would ance Status report required by
apply to the device if the facility had § 63.1260(f) which tanks are in compli-
final-permitted status, the owner or ance with subpart Kb.
operator may elect to comply either (4) Compliance with subpart I of this
with the monitoring, recordkeeping, part. After the compliance dates speci-
and reporting requirements of this sub- fied in this section, an affected source
part, or with the monitoring, record- with equipment subject to subpart I of
keeping, and reporting requirements in this part may elect to comply with ei-
40 CFR parts 264 and/or 265, as de- ther the provisions of § 63.1255 or the
scribed in this paragraph, which shall provisions of subpart H of this part for
constitute compliance with the moni- all such equipment. The owner or oper-
toring, recordkeeping, and reporting ator shall identify in the Notification
requirements of this subpart. If the of Compliance Status report required
owner or operator elects to comply by § 63.1260(f) the provisions with which
with the monitoring, recordkeeping, the owner elects to comply.
and reporting requirements in 40 CFR (5) Compliance with other regulations
parts 264 and/or 265, the owner or oper- for wastewater. After the compliance
ator shall report all information re- dates specified in this section, the
quired by § 63.1260(g) and (i). The owner owner or operator of an affected waste-
or operator shall identify in the Notifi- water stream that is also subject to
119
§ 63.1251 40 CFR Ch. I (7–1–16 Edition)
provisions in 40 CFR parts 260 through Compliance Status report required by

272 may elect to determine whether § 63.1260(f), the owner or operator shall
this subpart or 40 CFR parts 260 identify which pharmaceutical manu-
through 272 contain the more stringent facturing process units are meeting the
control requirements (e.g., design, op- control requirements for process vents
eration, and inspection requirements and all other requirements of subpart
for waste management units; numer- PPP of this part, and the owner or op-
ical treatment standards; etc.) and the erator shall describe the calculations
more stringent testing, monitoring, and other information used to identify
recordkeeping, and reporting. Compli- which process vents must be controlled
ance with provisions of 40 CFR parts to comply with the percent reduction
260 through 272 that are determined to requirements of § 63.1254, if applicable.
be more stringent than the require- (i) For the purposes of establishing
ments of this subpart constitutes com- whether a person is in violation of this
pliance with this subpart. For example, subpart, nothing in this subpart shall
provisions of 40 CFR parts 260 through preclude the use of any credible evi-
272 for treatment units that meet the dence or information relevant to
conditions specified in § 63.1256(g)(13) whether a source would have been in
constitute compliance with this sub- compliance with applicable require-
part. In the Notification of Compliance ments.
Status report required by § 63.1260(f),
the owner or operator shall identify [63 FR 50326, Sept. 21, 1998, as amended at 65
FR 52596, Aug. 29, 2000; 66 FR 40131, Aug. 2,
the more stringent provisions of 40
2001; 76 FR 22599, Apr. 21, 2011]
CFR parts 260 through 272 with which
the owner or operator will comply. The § 63.1251 Definitions.
owner or operator shall also identify in
the Notification of Compliance Status Terms used in this subpart are de-
report required by § 63.1260(f) the infor- fined in the Act, in subpart A of this
mation and procedures used to make part, or in this section. If the same
any stringency determinations. If the term is defined in subpart A of this
owner or operator does not elect to de- part and in this section, it shall have
termine the more stringent require- the meaning given in this section for
ments, the owner or operator must the purposes of this subpart.
comply with both the provisions of 40 Active ingredient means any material
CFR parts 260 through 272 and the pro- that is intended to furnish pharma-
visions of this subpart. cological activity or other direct effect
(6) Compliance with subpart PPP of this in the diagnosis, cure, mitigation,
part. After the compliance dates speci- treatment, or prevention of disease, or
fied in this section, an affected source to affect the structure or any function
with equipment in a pharmaceutical of the body of man or other animals.
manufacturing process unit that is also This term does not include food, food
part of an affected source under sub- additives (except vitamins and other
part PPP of this part may elect to materials described by SIC code 2833 or
demonstrate compliance with § 63.1254 2834), color additives, cosmetics, in-
by controlling all process vents in ac- vitro diagnostic substances, x-ray film,
cordance with § 63.1425 (b), (c)(1), (c)(3), test indicator devices, and medical de-
(d), and/or (f). Alternatively, the owner vices such as implants, artificial
or operator may elect to determine joints, surgical bandages, and stitching
which process vents must be controlled material.
to comply with the percent reduction Actual HAP emissions means the HAP
requirements of § 63.1254 and control emitted to the atmosphere from either
only those vents in accordance with uncontrolled or controlled emission
§ 63.1425 (b), (c)(1), (c)(3), (d), and/or (f). points.
For any pharmaceutical manufacturing Affirmative defense means, in the con-
process unit controlled in accordance text of an enforcement proceeding, a
with the requirements of § 63.1425, the response or a defense put forward by a
owner or operator must also comply defendant, regarding which the defend-
with all other requirements in subpart ant has the burden of proof, and the
PPP of this part. In the Notification of merits of which are independently and
120
objectively evaluated in a judicial or Batch operation or Batch process

administrative proceeding. means a noncontinuous operation in-
Air pollution control device or Control volving intermittent or discontinuous
device means equipment installed on a feed into equipment, and, in general,
process vent, storage tank, wastewater involves the emptying of the equip-
treatment exhaust stack, or combina- ment after the batch operation ceases
tion thereof that reduces the mass of and prior to beginning a new operation.
HAP emitted to the air. The equipment Addition of raw material and with-
may consist of an individual device or drawal of product do not occur simul-
a series of devices. Examples include, taneously in a batch operation.
but are not limited to, incinerators, Bench-scale batch process means a
carbon adsorption units, condensers, batch process (other than a research
flares, boilers, process heaters, and gas
and development facility) that is capa-
absorbers. Process condensers are not
ble of being located on a laboratory
considered air pollution control devices
bench top. This bench-scale equipment
or control devices.
will typically include reagent feed ves-
Annual average concentration, as used
in the wastewater provisions in sels, a small reactor and associated
§ 63.1256, means the total mass of par- product separator, recovery and hold-
tially soluble and/or soluble HAP coming equipment. These processes are
pounds in a wastewater stream during only capable of producing small quan-
the calendar year divided by the total tities of product.
mass of the wastewater stream dis- Block means a time period that com-
charged during the same calendar year, prises a single batch.
as determined according to the proce- Boiler means any enclosed combus-
dures specified in § 63.1257(e)(1) (i) and tion device that extracts useful energy
(ii). in the form of steam and is not an in-
Automated monitoring and recording cinerator. Boiler also means any indus-
system means any means of measuring trial furnace as defined in 40 CFR
values of monitored parameters and 260.10.
creating a hard copy or computer Centralized combustion control device
record of the measured values that (CCCD) means enclosed combustion de-
does not require manual reading of vices that are used to control process
monitoring instruments and manual vent emissions from non-dedicated
transcription of data values. Auto- PMPU’s at a facility. Centralized com-
mated monitoring and recording sys- bustion control devices may also be
tems include, but are not limited to, used to control emissions from source
computerized systems and strip charts. types including, but not limited to,
Batch emission episode means a dis- storage tanks, waste management
crete venting episode that may be asso- units, and equipment leaks.
ciated with a single unit operation. A
Cleaning operation means routine
unit operation may have more than
rinsing, washing, or boil-off of equip-
one batch emission episode. For exam-
ment in batch operations between
ple, a displacement of vapor resulting
batches.
from the charging of a vessel with HAP
will result in a discrete emission epi- Closed biological treatment process
sode that will last through the dura- means a tank or surface impoundment
tion of the charge and will have an av- where biological treatment occurs and
erage flowrate equal to the rate of the air emissions from the treatment proc-
charge. If the vessel is then heated, ess are routed to either a control de-
there will also be another discrete vice by means of a closed-vent system
emission episode resulting from the ex- or by means of hard-piping. The tank
pulsion of expanded vapor. Both emis- or surface impoundment has a fixed
sion episodes may occur in the same roof, as defined in this section, or a
vessel or unit operation. There are pos- floating flexible membrane cover that
sibly other emission episodes that may meets the requirements specified in
occur from the vessel or other process § 63.1256(c).

equipment, depending on process oper- Closed-loop system means an enclosed
ations. system that returns process fluid to
121
§ 63.1251 40 CFR Ch. I (7–1–16 Edition)
the process and is not vented to the at- Container, as used in the wastewater
mosphere except through a closed-vent provisions, means any portable waste
system. management unit that has a capacity
Closed-purge system means a system greater than or equal to 0.1 m3 in which
or combination of system and portable a material is stored, transported, treat-
containers, to capture purged liquids. ed, or otherwise handled. Examples of
Containers must be covered or closed containers are drums, barrels, tank
when not being filled or emptied. trucks, barges, dumpsters, tank cars,
Closed-vent system means a system dump trucks, and ships.
that is not open to the atmosphere and Continuous process means a process
is composed of piping, ductwork, con- where the inputs and outputs flow con-
nections, and, if necessary, flow induc- tinuously throughout the duration of
ing devices that transport gas or vapor the process. Continuous processes are
from an emission point to a control de- typically steady state.
vice. Continuous recorder means a data re-
Combustion device means an indi- cording device that either records an
vidual unit of equipment, such as a instantaneous data value at least once
flare, incinerator, process heater, or every 15 minutes or records 15-minute
boiler, used for the combustion of HAP or more frequent block average values.
Continuous seal means a seal that
vapors.
forms a continuous closure that com-
Combustion device burner means a de-
pletely covers the space between the
vice designed to mix and ignite fuel
wall of the storage tank and the edge
and air to provide a flame to heat and of the floating roof. A continuous seal
oxidize waste organic vapors in a com- may be a vapor-mounted, liquid-
bustion device. mounted, or metallic shoe seal.
Connector means flanged, screwed, or Control device, for purposes of this
other joined fittings used to connect § 63.1255, means any equipment used for
two pipe lines or a pipe line and a piece recovering or oxidizing organic haz-
of equipment. A common connector is a ardous air pollutant vapors. Such
flange. Joined fittings welded com- equipment includes, but is not limited
pletely around the circumference of to, absorbers, carbon adsorbers, con-
the interface are not considered condensers, flares, boilers, and process
nectors for the purpose of this regula- heaters.
tion. For the purpose of reporting and Controlled HAP emissions means the
recordkeeping, connector means joined quantity of HAP discharged to the at-
fittings that are not inaccessible, ce- mosphere from an air pollution control
ramic, or ceramic-lined as described in device.
§ 63.1255(b)(1)(vii) and § 63.1255(f)(3). Cover, as used in the wastewater pro-
Construction means the onsite fab- visions, means a device or system
rication, erection, or installation of an which is placed on or over a waste
affected source or a PMPU. Addition of management unit containing waste-
new equipment to a PMPU subject to water or residuals so that the entire
existing source standards does not con- surface area is enclosed to minimize
stitute construction, but it may con- air emissions. A cover may have open-
stitute reconstruction of the affected ings necessary for operation, inspec-
source or PMPU if it satisfies the defi- tion, and maintenance of the waste
nition of reconstruction in this section. management unit such as access hatch-
Consumption means the quantity of es, sampling ports, and gauge wells
all HAP raw materials entering a proc- provided that each opening is closed
ess in excess of the theoretical amount when not in use. Examples of covers in-
used as reactant, assuming 100 percent clude a fixed roof installed on a waste-
stoichiometric conversion. The raw water tank, a lid installed on a con-
materials include reactants, solvents, tainer, and an air-supported enclosure
and any other additives. If a HAP is installed over a waste management
generated in the process as well as unit.
added as a raw material, consumption Dedicated PMPU means a PMPU that

includes the quantity generated in the is composed of equipment that is used
process. to manufacture the same product for a
122
continuous period of 6 months or great- identification; or enhance any other at-

er. The PMPU includes any shared tribute of the overall safety and effec-
storage tank(s) that are determined to tiveness of the drug delivery system
belong to the PMPU according to the during storage or use.
procedures in § 63.1250(e). External floating roof means a pon-
Dense gas system means a conveyance toon-type or double-deck type cover
system operated to limit oxygen levels that rests on the liquid surface in a
below 12 percent. storage tank or waste management
Double block and bleed system means unit with no fixed roof.
two block valves connected in series Fill or filling means the introduction
with a bleed valve or line that can vent of material into a storage tank or the
the line between the two block valves. introduction of a wastewater stream or
Duct work means a conveyance sys- residual into a waste management
tem such as those commonly used for unit, but not necessarily to complete
heating and ventilation systems. It is capacity.
often made of sheet metal and often First attempt at repair means to take
has sections connected by screws or action for the purpose of stopping or
crimping. Hard-piping is not ductwork. reducing leakage of organic material
Enhanced biological treatment system or to the atmosphere.
enhanced biological treatment process Fixed roof means a cover that is
means an aerated, thoroughly mixed mounted on a waste management unit
treatment unit(s) that contains bio- or storage tank in a stationary manner
mass suspended in water followed by a and that does not move with fluctua-
clarifier that removes biomass from tions in liquid level.
the treated water and recycles recov- Floating roof means a cover con-
ered biomass to the aeration unit. The sisting of a double deck, pontoon single
mixed liquor volatile suspended solids deck, internal floating cover or covered
(biomass) is greater than 1 kilogram floating roof, which rests upon and is
per cubic meter throughout each aer- supported by the liquid being con-
ation unit. The biomass is suspended tained, and is equipped with a closure
and aerated in the water of the aer- seal or seals to close the space between
ation unit(s) by either submerged air the roof edge and waste management
flow or mechanical agitation. A thor- unit or storage tank wall.
oughly mixed treatment unit is a unit Flow indicator means a device which
that is designed and operated to ap- indicates whether gas flow is, or
proach or achieve uniform biomass dis- whether the valve position would allow
tribution and organic compound con- gas flow to be, present in a line.
centration throughout the aeration Formulation means the process of
unit by quickly dispersing the recycled mixing, blending, or diluting one or
biomass and the wastewater entering more active or inert ingredients with
the unit. one or more active or inert ingredients,
Equipment, for purposes of § 63.1255, without an intended chemical reaction,
means each pump, compressor, agita- to obtain a pharmaceutical dosage
tor, pressure relief device, sampling form. Formulation operations include
connection system, open-ended valve mixing, compounding, blending, and
or line, valve, connector, and instru- tablet coating.
mentation system in organic hazardous Group of processes means all of the
air pollutant service; and any control equipment associated with processes in
devices or closed-vent systems required a building, processing area, or facility-
by this subpart. wide. For a dedicated process, a group
Excipient means any substance other of processes may consist of a single
than the active drug or product which process.
has been appropriately evaluated for Halogen atoms mean atoms of chlo-
safety and is included in a drug deliv- rine or fluorine.
ery system to either aid the processing Halogenated compounds means organic
of the drug delivery system during its HAP compounds that contain halogen
manufacture; protect, support, or en- atoms.

hance stability, bioavailablity, or pa- Halogenated vent stream or Halo-
tient acceptability; assist in product genated stream means a process, storage
123
§ 63.1251 40 CFR Ch. I (7–1–16 Edition)
tank, or waste management unit vent In vacuum service means that equip-
determined to have a concentration of ment is operating at an internal pres-
halogenated compounds of greater than sure which is at least 5 kilopascals
20 ppmv, as determined through proc- below ambient pressure.
ess knowledge, test results using Meth- In-situ sampling systems means non-
od 18 of 40 CFR part 60, appendix A, or extractive samplers or in-line sam-
test results using any other test meth- plers.
od that has been validated according to Individual drain system means the sta-
the procedures in Method 301 of appen- tionary system used to convey waste-
dix A of this part.
water streams or residuals to a waste
Hard-piping means piping or tubing
management unit. The term includes
that is manufactured and properly in-
stalled using good engineering judg- hard piping; all process drains and
ment and standards, such as ANSI B31– junction boxes; and associated sewer
3. lines, other junction boxes, manholes,
Hydrogen halides and halogens means sumps, and lift stations conveying
hydrogen chloride (HCl), chlorine (Cl2), wastewater streams or residuals. A seg-
and hydrogen fluoride (HF). regated stormwater sewer system,
In gas/vapor service means that a which is a drain and collection system
piece of equipment in organic haz- designed and operated for the sole pur-
ardous air pollutant service contains a pose of collecting rainfall-runoff at a
gas or vapor at operating conditions. facility, and which is segregated from
In heavy liquid service means that a all other individual drain systems, is
piece of equipment in organic haz- excluded from this definition.
ardous air pollutant service is not in Initial startup means the first time a
gas/vapor service or in light liquid new or reconstructed source begins
service. production. Initial startup does not in-
In light liquid service means that a clude operation solely for testing
piece of equipment in organic haz- equipment. Initial startup does not in-
ardous air pollutant service contains a clude subsequent start ups (as defined
liquid that meets the following condi- in this section) of processes following
tions:
malfunctions or process shutdowns.
(1) The vapor pressure of one or more
of the organic compounds is greater Internal floating roof means a cover
than 0.3 kilopascals at 20 °C; that rests or floats on the liquid sur-
(2) The total concentration of the face (but not necessarily in complete
pure organic compounds constituents contact with it) inside a storage tank
having a vapor pressure greater than or waste management unit that has a
0.3 kilopascals at 20 °C is equal to or permanently affixed roof.
greater than 20 percent by weight of Instrumentation system means a group
the total process stream; and of equipment components used to con-
(3) The fluid is a liquid at operating dition and convey a sample of the proc-
conditions. (Note: Vapor pressures may ess fluid to analyzers and instruments
be determined by the methods defor the purpose of determining process
scribed in 40 CFR 60.485(e)(1).) operating conditions (e.g., composi-
In liquid service means that a piece of tion, pressure, flow, etc.). Valves and
equipment in organic hazardous air connectors are the predominant type of
pollutant service is not in gas/vapor equipment used in instrumentation
service. systems; however, other types of equip-
In organic hazardous air pollutant or ment may also be included in these
in organic HAP service means that a systems. Only valves nominally 0.5
piece of equipment either contains or inches and smaller, and connectors
contacts a fluid (liquid or gas) that is nominally 0.75 inches and smaller in di-
at least 5 percent by weight of total or-
ameter are considered instrumentation
ganic HAP’s as determined according
systems for the purposes of this sub-
to the provisions of § 63.180(d). The pro-
visions of § 63.180(d) also specify how to part. Valves greater than nominally 0.5
determine that a piece of equipment is inches and connectors greater than
not in organic HAP service. nominally 0.75 inches associated with
124
instrumentation systems are not con- of portions of the pharmaceutical man-

sidered part of instrumentation sys- ufacturing process unit for repair.
tems and must be monitored individ- Wastewater from cleaning operations is
ually. not considered maintenance waste-
Isolated intermediate means a product water.
of a process. An isolated intermediate Malfunction means any sudden, infre-
is usually a product of a chemical syn- quent, and not reasonably preventable
thesis, fermentation, or biological ex- failure of air pollution control equip-
traction process; several different iso- ment, emissions monitoring equip-
lated intermediates may be produced ment, process equipment, or a process
in the manufacture of a finished dosage to operate in a normal or usual manner
form of a drug. Precursors, active in- which causes, or has the potential to
gredients, or finished dosage forms are cause, the emission limitations in an
considered isolated intermediates. An applicable standard to be exceeded.
isolated intermediate is stored before Failures that are caused all or in part
subsequent processing. Storage occurs by poor maintenance or careless oper-
at any time the intermediate is placed ation are not malfunctions.
in equipment used solely for storage, Maximum true vapor pressure means
such as drums, totes, day tanks, and the equilibrium partial pressure ex-
storage tanks. The storage of an iso- erted by the total organic HAP in the
lated intermediate marks the end of a stored or transferred liquid at the tem-
process. perature equal to the highest calendar-
Junction box means a manhole or ac- month average of the liquid storage or
cess point to a wastewater sewer sys- transferred temperature for liquids
tem line or a lift station. stored or transferred above or below
Large control device means a control the ambient temperature or at the
device that controls total HAP emis- local maximum monthly average tem-
sions of greater than or equal to 10 perature as reported by the National
tons/yr, before control. Weather Service for liquids stored or
Liquid-mounted seal means a foam- or transferred at the ambient tempera-
liquid-filled seal mounted in contact ture, as determined:
with the liquid between the wall of the (1) In accordance with methods de-
storage tank or waste management scribed in Chapter 19.2 of the American
unit and the floating roof. The seal is Petroleum Institute’s Manual of Petro-
mounted continuously around the tank leum Measurement Standards, Evapo-
or unit. rative Loss From Floating-Roof Tanks
Liquids dripping means any visible (incorporated by reference as specified
leakage from the seal including drip- in § 63.14); or
ping, spraying, misting, clouding, and (2) As obtained from standard ref-
ice formation. Indications of liquid erence texts; or
dripping include puddling or new stains (3) As determined by the American
that are indicative of an existing evap- Society for Testing and Materials
orated drip. Method D2879–97, Test Method for
Maintenance wastewater means waste- Vapor Pressure-Temperature Relation-
water generated by the draining of ship and Initial Decomposition Tem-
process fluid from components in the perature of Liquids by Isoteniscope (in-
pharmaceutical manufacturing process corporated by reference as specified in
unit into an individual drain system in § 63.14); or
preparation for or during maintenance (4) Any other method approved by
activities. Maintenance wastewater the Administrator.
can be generated during planned and Metallic shoe seal or mechanical shoe
unplanned shutdowns and during peri- seal means metal sheets that are held
ods not associated with a shutdown. vertically against the wall of the stor-
Examples of activities that can gen- age tank by springs, weighted levers,
erate maintenance wastewater include or other mechanisms and connected to
descaling of heat exchanger tubing the floating roof by braces or other
bundles, cleaning of distillation col- means. A flexible coated fabric (enve-

umn traps, draining of pumps into an lope) spans the annular space between
individual drain system, and draining the metal sheet and the floating roof.
125
§ 63.1251 40 CFR Ch. I (7–1–16 Edition)
Nondedicated formulation operations Pharmaceutical manufacturing oper-

means equipment used to formulate ations means the facilitywide collec-
numerous products. tion of PMPU and any other equipment
Nondedicated recovery device(s) means such as heat exchanger systems, waste-
a recovery device that receives mate- water and waste management units, or
rial from more than one PMPU. cooling towers that are not associated
Nonrepairable means that it is tech- with an individual PMPU, but that are
nically infeasible to repair a piece of located at a facility for the purpose of
equipment from which a leak has been manufacturing pharmaceutical prod-
detected without a process shutdown. ucts and are under common control.
Open biological treatment process Pharmaceutical manufacturing process
means a biological treatment process unit (PMPU) means the process, as de-
that is not a closed biological treat- fined in this subpart, and any associ-
ment process as defined in this section. ated storage tanks, equipment identi-
Open-ended valve or line means any fied in § 63.1252(f), and components such
valve, except pressure relief valves, as pumps, compressors, agitators, pres-
having one side of the valve seat in sure relief devices, sampling connec-
contact with process fluid and one side tion systems, open-ended valves or
open to atmosphere, either directly or lines, valves, connectors, and instru-
through open piping. mentation systems that are used in the
Operating scenario for the purposes of manufacturing of a pharmaceutical
reporting and recordkeeping, means product.
any specific operation of a PMPU and Pharmaceutical product means any of
includes for each process: the following materials, excluding any
material that is a nonreactive solvent,
(1) A description of the process and
excipient, binder, or filler, or any ma-
the type of process equipment used;
terial that is produced in a chemical
(2) An identification of related proc-
manufacturing process unit that is sub-
ess vents and their associated emis-
ject to the requirements of subparts F
sions episodes and durations, waste-
and G of this part 63:
water PODs, and storage tanks;
(1) Any material described by the
(3) The applicable control require- standard industrial classification (SIC)
ments of this subpart, including the code 2833 or 2834; or
level of required control, and for vents, (2) Any material whose manufac-
the level of control for each vent; turing process is described by North
(4) The control or treatment devices American Industrial Classification
used, as applicable, including a descrip- System (NAICS) code 325411 or 325412;
tion of operating and/or testing condi- or
tions for any associated control device; (3) A finished dosage form of a drug,
(5) The process vents, wastewater for example, a tablet, capsule, solution,
PODs, and storage tanks (including etc.; or
those from other processes) that are si- (4) Any active ingredient or precursor
multaneously routed to the control or that is produced at a facility whose pri-
treatment device(s); mary manufacturing operations are de-
(6) The applicable monitoring re- scribed by SIC code 2833 or 2834; or
quirements of this subpart and any (5) At a facility whose primary oper-
parametric level that assures compli- ations are not described by SIC code
ance for all emissions routed to the 2833 or 2834, any material whose pri-
control or treatment device; mary use is as an active ingredient or
(7) Calculations and engineering precursor.
analyses required to demonstrate com- Plant site means all contiguous or ad-
pliance; and joining property that is under common
(8) For reporting purposes, a change control, including properties that are
to any of these elements not previously separated only by a road or other pub-
reported, except for paragraph (5) of lic right-of-way. Common control in-
this definition, shall constitute a new cludes properties that are owned,
operating scenario. leased, or operated by the same entity,

Partially soluble HAP means a HAP parent entity, subsidiary, or any com-
listed in Table 2 of this subpart. bination thereof.
126
Point of determination (POD) means processes. A storage tank that is used

the point where a wastewater stream to accumulate used solvent from mul-
exits the process, storage tank, or last tiple batches of a single process for
recovery device. If soluble and/or par- purposes of solvent recovery does not
tially soluble HAP compounds are not represent the end of the process. Non-
recovered from water before discharge, dedicated formulation operations oc-
the discharge point from the process curring within a contiguous area are
equipment or storage tank is a POD. If considered a single process that is used
water streams are routed to a recovery to formulate numerous materials and/
device, the discharge from the recovery or products. Quality assurance and
device is a POD. There can be more quality control laboratories are not
than 1 POD per process or PMPU. considered part of any process. Ancil-
Precursor means a material that is lary activities are not considered a
manufactured to undergo further process or part of any process. Ancil-
chemical change or processing to ulti- lary activities include boilers and in-
mately manufacture an active ingre- cinerators (not used to comply with
dient or finished dosage form of a drug. the provisions of § 63.1253, § 63.1254, or
This term does not include commodity § 63.1256(h)), chillers and refrigeration
chemicals produced by the synthetic systems, and other equipment and ac-
organic chemical manufacturing indus- tivities that are not directly involved
try. (i.e., they operate within a closed sys-
Pressure release means the emission of tem and materials are not combined
materials resulting from the system with process fluids) in the processing of
pressure being greater than the set raw materials or the manufacturing of
pressure of the pressure relief device. a pharmaceutical product.
This release can be one release or a se- Process condenser means a condenser
ries of releases over a short time period whose primary purpose is to recover
due to a malfunction in the process. material as an integral part of a proc-
Pressure relief device or valve means a ess. The condenser must support a
safety device used to prevent operating vapor-to-liquid phase change for peri-
pressures from exceeding the maximum ods of source equipment operation that
allowable working pressure of the proc- are at or above the boiling or bubble
ess equipment. A common pressure re- point of substance(s) at the liquid sur-
lief device is a spring-loaded pressure face. Examples of process condensers
relief valve. Devices that are actuated include distillation condensers, reflux
either by a pressure of less than or condensers, and condensers used in
equal to 2.5 psig or by a vacuum are not stripping or flashing operations. In a
pressure relief devices. series of condensers, all condensers up
Primary use means 50 percent or more to and including the first condenser
of a material is used for a particular with an exit gas temperature below the
purpose. boiling or bubble point of the sub-
Process means all equipment which stance(s) at the liquid surface are con-
collectively function to produce a sidered to be process condensers. All
pharmaceutical product or isolated in- condensers in line prior to a vacuum
termediate (which is also a pharma- source are included in this definition.
ceutical product). A process may con- Process shutdown means a work prac-
sist of one or more unit operations. For tice or operational procedure that
the purposes of this subpart, process stops production from a process or part
includes any, all, or a combination of of a process during which it is tech-
reaction, recovery, separation, purifi- nically feasible to clear process mate-
cation, or other activity, operation, rial from a process or part of a process
manufacture, or treatment which are consistent with safety constraints and
used to produce a pharmaceutical prod- during which repairs can be effected.
uct or isolated intermediate. Cleaning An unscheduled work practice or oper-
operations conducted are considered ational procedure that stops produc-
part of the process. Nondedicated sol- tion from a process or part of a process
vent recovery operations located with- for less than 24 hours is not a process
in a contiguous area within the af- shutdown. An unscheduled work prac-
fected source are considered single tice or operational procedure that
127
§ 63.1251 40 CFR Ch. I (7–1–16 Edition)
would stop production from a process nual consumption of total HAP by the
or part of a process for a shorter period annual production rate, per process.
of time than would be required to clear Production-indexed volatile organic
the process or part of the process of compound (VOC) consumption factor is
materials and start up the process, and the result of dividing the annual con-
would result in greater emissions than sumption of total VOC by the annual
delay of repair of leaking components production rate, per process.
until the next scheduled process shut- Publicly owned treatment works
down, is not a process shutdown. The (POTW) means any devices and systems
use of spare equipment and technically used in the storage, treatment, recy-
feasible bypassing of equipment with- cling, and reclamation of municipal
out stopping production are not proc- sewage or industrial wastes of a liquid
ess shutdowns. nature as defined in section 212(2)(A) of
Process tank means a tank that is the Clean Water Act, as amended [33
used to collect material discharged U.S.C. § 1292(2)(A)]. A POTW includes
from a feedstock storage tank or unit the treatment works, intercepting sew-
operation and to transfer this material ers, outfall sewers, sewage collection
to another unit operation within the systems, pumping, power, and other
process or to a product storage tank. equipment. The POTW is defined at 40
Surge control vessels and bottoms re- CFR 403.3(o).
ceivers that fit these conditions are Reactor means a device or vessel in
considered process tanks. Product stor- which one or more chemicals or
age tanks are considered process tanks reactants, other than air, are combined
and are part of the PMPU that produce or decomposed in such a way that their
the stored material. For the purposes molecular structures are altered and
of this subpart, vents from process one or more new organic compounds
tanks are considered process vents. are formed.
Process vent means a vent from a unit Reconstruction, as used in § 63.1250(b),
operation or vents from multiple unit shall have the meaning given in § 63.2,
operations within a process that are except that ‘‘affected or previously un-
manifolded together into a common affected stationary source’’ shall mean
header, through which a HAP-con- either ‘‘affected facility’’ or ‘‘PMPU.’’
taining gas stream is, or has the poten- As used in § 63.1254(a)(3)(ii)(A)(3), recon-
tial to be, released to the atmosphere. struction shall have the meaning given
Examples of process vents include, but in § 63.2, except that ‘‘source’’ shall
are not limited to, vents on condensers mean ‘‘control device.’’
used for product recovery, bottom re- Recovery device, as used in the waste-
ceivers, surge control vessels, reactors, water provisions, means an individual
filters, centrifuges, and process tanks. unit of equipment used for the purpose
Emission streams that are undiluted of recovering chemicals for fuel value
and uncontrolled containing less than (i.e., net positive heating value), use,
50 ppmv HAP, as determined through reuse, or for sale for fuel value, use or
process knowledge that no HAP are reuse. Examples of equipment that
present in the emission stream or using may be recovery devices include or-
an engineering assessment as discussed ganic removal devices such as decant-
in § 63.1257(d)(2)(ii); test data using ers, strippers, or thin-film evaporation
Method 18 of 40 CFR part 60, appendix units. To be a recovery device, a de-
A–6; Method 320 of 40 CFR part 63; or canter and any other equipment based
any other test method that has been on the operating principle of gravity
validated according to the procedures separation must receive only two-phase
in Method 301 of appendix A of this liquid streams.
part, are not considered process vents. Repaired means that equipment:
Process vents do not include vents on (1) Is adjusted, or otherwise altered,
storage tanks regulated under § 63.1253, to eliminate a leak as defined in the
vents on wastewater emission sources applicable paragraphs of § 63.1255, and;
regulated under § 63.1256, or pieces of (2) Is, unless otherwise specified in
equipment regulated under § 63.1255. applicable provisions of § 63.1255, mon-

Production-indexed HAP consumption itored as specified in § 63.180(b) and (c)
factor is the result of dividing the an- as appropriate, to verify that emissions
128
from the equipment are below the ap- tection and prevention codes, standard
plicable leak definition. engineering codes and practices, or
Research and development facility other requirements for the safe han-
means any stationary source whose dling of flammable, combustible, explo-
primary purpose is to conduct research sive, reactive, or hazardous materials.
and development into new processes Sampling connection system means an
and products, where such source is op- assembly of equipment within a proc-
erated under the close supervision of ess unit used during periods of rep-
technically trained personnel, and is resentative operation to take samples
not engaged in the manufacture of of the process fluid. Equipment used to
products for commercial sale in com- take nonroutine grab samples is not
merce, except in a de minimis manner. considered a sampling connection sys-
Residual means any HAP-containing tem.
liquid or solid material that is removed Sensor means a device that measures
from a wastewater stream by a waste a physical quantity or the change in a
management unit or treatment process physical quantity, such as tempera-
that does not destroy organics (non- ture, pressure, flow rate, pH, or liquid
destructive unit). Examples of residu- level.
als from nondestructive waste manage- Set pressure means the pressure at
ment units are: the organic layer and which a properly operating pressure re-
bottom residue removed by a decanter lief device begins to open to relieve
or organic-water separator and the atypical process system operating pres-
overheads from a steam stripper or air sure.
stripper. Examples of materials which Sewer line means a lateral, trunk
are not residuals are: silt; mud; leaves; line, branch line, or other conduit in-
bottoms from a steam stripper or air cluding, but not limited to, grates,
stripper; and sludges, ash, or other ma- trenches, etc., used to convey waste-
terials removed from wastewater being water streams or residuals to a down-
treated by destructive devices such as stream waste management unit.
biological treatment units and inciner- Shutdown means the cessation of op-
ators. eration of a continuous process for any
Safety device means a closure device purpose. Shutdown also means the ces-
such as a pressure relief valve, fran- sation of a batch process or any related
gible disc, fusible plug, or any other individual piece of equipment required
type of device which functions exclu- or used to comply with this subpart as
sively to prevent physical damage or a result of a malfunction or for replace-
permanent deformation to a unit or its ment of equipment, repair, or any
air emission control equipment by other purpose not excluded from this
venting gases or vapors directly to the definition. Shutdown also applies to
atmosphere during unsafe conditions emptying and degassing storage ves-
resulting from an unplanned, acci- sels. Shutdown does not apply to ces-
dental, or emergency event. For the sation of a batch process at the end of
purposes of this subpart, a safety de- a campaign, for routine maintenance,
vice is not used for routine venting of for rinsing or washing of equipment be-
gases or vapors from the vapor tween batches, or other routine oper-
headspace underneath a cover such as ations.
during filling of the unit or to adjust Single-seal system means a floating
the pressure in this vapor headspace in roof having one continuous seal that
response to normal daily diurnal ambi- completely covers the space between
ent temperature fluctuations. A safety the wall of the storage tank and the
device is designed to remain in a closed edge of the floating roof. This seal may
position during normal operations and be a vapor-mounted, liquid-mounted,
open only when the internal pressure, or metallic shoe seal.
or another relevant parameter, exceeds Small control device means a control
the device threshold setting applicable device that controls total HAP emis-
to the air emission control equipment sions of less than 10 tons/yr, before con-
as determined by the owner or operator trol.

based on manufacturer recommenda- Soluble HAP means a HAP listed in
tions, applicable regulations, fire pro- Table 3 of this subpart.
129
§ 63.1251 40 CFR Ch. I (7–1–16 Edition)
Standard batch means a batch process ment units, storage tanks, or equip-
operated within a range of operating ment components and that contain less
conditions that are documented in an than 50 ppmv TOC, as determined
operating scenario. Emissions from a through process knowledge, that are
standard batch are based on the oper- introduced into vent streams or mani-
ating conditions that result in highest folds. Air required to operate combus-
emissions. The standard batch defines tion device burner(s) is not considered
the uncontrolled and controlled emis- supplemental gas.
sions for each emission episode defined Surface impoundment means a waste
under the operating scenario. management unit which is a natural
Startup means the setting in oper- topographic depression, manmade ex-
ation of a continuous process unit for cavation, or diked area formed pri-
any purpose; the first time a new or re- marily of earthen materials (although
constructed batch process unit begins it may be lined with manmade mate-
production; for new equipment added, rials), which is designed to hold an ac-
including equipment used to comply cumulation of liquid wastes or waste
with this subpart, the first time the containing free liquids. A surface im-
equipment is put into operation; or, for poundment is used for the purpose of
the introduction of a new product/proc- treating, storing, or disposing of waste-
ess, the first time the product or proc- water or residuals, and is not an injec-
ess is run in equipment. For batch tion well. Examples of surface im-
process units, startup does not apply to poundments are equalization, settling,
the first time the equipment is put into and aeration pits, ponds, and lagoons.
operation at the start of a campaign to System flowrate means the flowrate of
produce a product that has been pro- gas entering the control device.
duced in the past, after a shutdown for Total organic compounds (TOC) means
maintenance, or when the equipment is those compounds measured according
put into operation as part of a batch to the procedures of Method 18 or
within a campaign. As used in § 63.1255, Method 25A, 40 CFR part 60, appendix
startup means the setting in operation A.
of a piece of equipment or a control de- Treatment process means a specific
vice that is subject to this subpart. technique that removes or destroys the
Storage tank means a tank or other organics in a wastewater or residual
vessel that is used to store organic liq- stream such as a steam stripping unit,
uids that contain one or more HAP as thin-film evaporation unit, waste in-
raw material feedstocks. Storage tank cinerator, biological treatment unit, or
also means a tank or other vessel in a any other process applied to waste-
tank farm that receives and accumu- water streams or residuals to comply
lates used solvent from multiple with § 63.1256. Most treatment processes
batches of a process or processes for are conducted in tanks. Treatment
purposes of solvent recovery. The fol- processes are a subset of waste man-
lowing are not considered storage agement units.
tanks for the purposes of this subpart: Uncontrolled HAP emissions means a
(1) Vessels permanently attached to gas stream containing HAP which has
motor vehicles such as trucks, railcars, exited the process (or process con-
barges, or ships; denser, if any), but which has not yet
(2) Pressure vessels designed to oper- been introduced into an air pollution
ate in excess of 204.9 kilopascals and control device to reduce the mass of
without emissions to the atmosphere; HAP in the stream. If the process vent
(3) Vessels storing organic liquids is not routed to an air pollution con-
that contain HAP only as impurities; trol device, uncontrolled emissions are
(4) Wastewater storage tanks; and those HAP emissions released to the
(5) Process tanks (including product atmosphere.
tanks and isolated intermediate Unit operation means those processing
tanks). steps that occur within distinct equip-
Supplemental gases are any gaseous ment that are used, among other
streams that are not defined as process things, to prepare reactants, facilitate
vents, or closed-vent systems from reactions, separate and purify prod-
wastewater management and treat- ucts, and recycle materials. Equipment
130
used for these purposes includes but is (7) Wastewater drips from procedures
not limited to reactors, distillation such as disconnecting hoses after clear-
columns, extraction columns, absorbing lines; and
ers, decanters, dryers, condensers, and (8) Noncontact cooling water.
filtration equipment. Wastewater tank means a stationary
Vapor-mounted seal means a contin- waste management unit that is de-
uous seal that completely covers the signed to contain an accumulation of
annular space between the wall of the wastewater or residuals and is con-
storage tank or waste management structed primarily of nonearthen mate-
unit and the edge of the floating roof rials (e.g., wood, concrete, steel, plas-
and is mounted such that there is a tic) which provide structural support.
vapor space between the stored liquid Wastewater tanks used for flow equali-
zation are included in this definition.
and the bottom of the seal.
Water seal controls means a seal pot,
Volatile organic compounds (VOC) p-leg trap, or other type of trap filled
means those materials defined in 40 with water (e.g., flooded sewers that
CFR 51.100. maintain water levels adequate to pre-
Waste management unit means the vent air flow through the system) that
equipment, structure(s),and or devices creates a water barrier between the
used to convey, store, treat, or dispose sewer line and the atmosphere. The
of wastewater streams or residuals. Ex- water level of the seal must be main-
amples of waste management units in- tained in the vertical leg of a drain in
clude wastewater tanks, air flotation order to be considered a water seal.
units, surface impoundments, con-
tainers, oil-water or organic-water sep-
FR 52598, Aug. 29, 2000; 71 FR 20459, Apr. 20,
arators, individual drain systems, bio- 2006; 76 FR 22600, Apr. 21, 2011; 79 FR 11284,
logical wastewater treatment units, Feb. 27, 2014]
waste incinerators, and organic re-
moval devices such as steam and air § 63.1252 Standards: General.
stripper units, and thin film evapo- Each owner or operator of any af-
ration units. If such equipment is used fected source subject to the provisions
for recovery then it is part of a phar- of this subpart shall control HAP emis-
maceutical process and is not a waste sions to the level specified in this sec-
management unit. tion on and after the compliance dates
Wastewater means any portion of an specified in § 63.1250(f). Initial compli-
individual wastewater stream or any ance with the emission limits is dem-
aggregation of wastewater streams. onstrated in accordance with the provi-
Wastewater stream means water that sions of § 63.1257, and continuous com-
is discarded from a PMPU through a pliance is demonstrated in accordance
single POD, that contains an annual with the provisions of § 63.1258.
average concentration of partially (a) Opening of a safety device. Opening
soluble and/or soluble HAP compounds of a safety device, as defined in
of at least 5 parts per million by weight § 63.1251, is allowed at any time condi-
and a load of at least 0.05 kg/yr. The tions require it to do so to avoid unsafe
following are not considered waste- conditions.
water streams for the purposes of this (b) Closed-vent systems. The owner or
subpart: operator of a closed-vent system that
contains bypass lines that could divert
(1) Stormwater from segregated sew-
a vent stream away from a control de-
ers;
vice used to comply with the require-
(2) Water from fire-fighting and del- ments in §§ 63.1253, 63.1254, and 63.1256
uge systems, including testing of such shall comply with the requirements of
systems; Table 4 to this subpart and paragraph
(3) Spills; (b)(1) or (2) of this section. Equipment
(4) Water from safety showers; such as low leg drains, high point
(5) Samples of a size not greater than bleeds, analyzer vents, open-ended
reasonably necessary for the method of valves or lines, rupture disks and pres-
analysis that is used; sure relief valves needed for safety pur-
(6) Equipment leaks; poses are not subject to this paragraph.
131
§ 63.1252 40 CFR Ch. I (7–1–16 Edition)
(1) Install, calibrate, maintain, and (c)(1)(i) or § 63.1254(a)(1)(i) may be in-

operate a flow indicator that deter- cluded in any averaging group.
mines whether vent stream flow is (3) Processes which have been perma-
present at least once every 15 minutes. nently shutdown or storage tanks per-
Records shall be maintained as speci- manently taken out of HAP service
fied in § 63.1259(i)(6)(i). The flow indi- may not be included in any averaging
cator shall be installed at the entrance group.
to any bypass line that could divert the (4) Processes and storage tanks al-
vent stream away from the control de- ready controlled on or before November
vice to the atmosphere; or 15, 1990 may not be included in an emis-
(2) Secure the bypass line valve in sions averaging group, except where
the closed position with a car seal or the level of control is increased after
lock and key type configuration. A vis- November 15, 1990. In these cases, the
ual inspection of the seal or closure uncontrolled emissions shall be the
mechanism shall be performed at least controlled emissions as calculated on
once every month to ensure that the November 15, 1990 for the purpose of de-
valve is maintained in the closed posi- termining the uncontrolled emissions
tion and the vent stream is not di- as specified in § 63.1257(g) and (h).
verted through the bypass line. (5) Emission points controlled to
Records shall be maintained as speci- comply with a State or Federal rule
fied in § 63.1259(i)(6)(ii). other than this subpart may not be
(c) Heat exchange systems. Except as credited in an emission averaging
provided in paragraph (c)(2) of this sec- group, unless the level of control has
tion, owners and operators of affected been increased after November 15, 1990
sources shall comply with the require- above what is required by the other
ments in paragraph (c)(1) of this sec- State or Federal rule. Only the control
tion for heat exchange systems that above what is required by the other
cool process equipment or materials State or Federal rule will be credited.
used in pharmaceutical manufacturing However, if an emission point has been
operations. used to generate emissions averaging
(1) The heat exchange system shall be credit in an approved emissions aver-
treated according to the provisions of age, and the point is subsequently
§ 63.104, except that the monitoring fre- made subject to a State or Federal rule
quency shall be no less than quarterly. other than this subpart, the point can
(2) For identifying leaking equip- continue to generate emissions aver-
ment, the owner or operator of heat ex- aging credit for the purpose of com-
change systems on equipment which plying with the previously approved
meet current good manufacturing prac- average.
tice (CGMP) requirements of 21 CFR (6) Not more than 20 processes sub-
part 211 may elect to use the physical ject to § 63.1254(a)(1)(i), and 20 storage
integrity of the reactor as the surro- tanks subject to § 63.1253(b)(1) or
gate indicator of heat exchange system (c)(1)(i) at an affected source may be
leaks around the reactor. included in an emissions averaging
(d) Emissions averaging provisions. Ex- group.
cept as specified in paragraphs (d)(1) (7) Compliance with the emission
through (5) of this section, owners or standards in § 63.1253 shall be satisfied
operators of storage tanks or processes when the annual percent reduction effi-
subject to the provisions of §§ 63.1253 ciency is greater than or equal to 90
and 63.1254 may choose to comply by percent for those tanks meeting the
using emissions averaging require- criteria of § 63.1253(a)(1) and 95 percent
ments specified in § 63.1257(g) or (h) for for those tanks meeting the criteria of
any storage tank or process. § 63.1253(a)(2), as demonstrated using
(1) A State may prohibit averaging of the test methods and compliance pro-
HAP emissions and require the owner cedures specified in § 63.1257(g).
or operator of an existing source to (8) Compliance with the emission
comply with the provisions in §§ 63.1253 standards in § 63.1254(a)(1)(i) shall be
and 63.1254. satisfied when the annual percent re-

(2) Only emission sources subject to duction efficiency is greater than or
the requirements of § 63.1253(b)(1) or equal to 93 percent, as demonstrated
132
using the test methods and compliance (i) The production-indexed HAP con-
procedures specified in § 63.1257(h). sumption factor (kg HAP consumed/kg
(e) Pollution prevention alternative. Ex- produced) shall be reduced by at least
cept as provided in paragraph (e)(1) of 50 percent from a 3-year average base-
this section, an owner or operator may line established no earlier than the 1987
choose to meet the pollution preven- calendar year, or for the time period
tion alternative requirement specified from startup of the process until the
in either paragraph (e)(2) or (3) of this present in which the PMPU was oper-
section for any PMPU or for any situa- ational and data are available, which-
tion described in paragraph (e)(4) of ever is less. If a time period less than
this section, in lieu of the require- 3 years is used to set the baseline, the
ments specified in §§ 63.1253, 63.1254, data must represent at least 1 year’s
63.1255, and 63.1256. Compliance with worth of data. For any reduction in the
paragraphs (e)(2) and (3) of this section HAP factor achieved by reducing a
shall be demonstrated through the pro- HAP that is also a VOC, an equivalent
cedures in § 63.1257(f). Any PMPU for reduction in the VOC factor is also re-
which the owner or operator seeks to quired. For any reduction in the HAP
comply by using the pollution preven- factor that is achieved by reducing a
tion alternative shall begin with the HAP that is not a VOC, the VOC factor
same starting material(s) and end with may not be increased.
the same product(s). The owner or op- (ii) The total PMPU HAP emissions
erator may not comply with the pollu- shall be reduced by an amount, in kg/
tion prevention alternative by elimi- yr, that, when divided by the annual
nating any steps of a process by trans- production rate, in kg/yr, and added to
ferring the step offsite (to another the reduction of the production-in-
manufacturing location). dexed HAP consumption factor, in kg/
(1) The HAP that are generated in kg, yields a value of at least 75 percent
the PMPU that are not part of the proof the average baseline HAP produc-
duction-indexed consumption factor tion-indexed consumption factor estab-
must be controlled according to the re- lished according to paragraph (e)(3)(i)
quirements of §§ 63.1253, 63.1254, 63.1255, of this section according to the equa-
and 63.1256. The hydrogen halides that tion provided in § 63.1257(f)(2)(ii)(A).
are generated as a result of combustion The total PMPU VOC emissions shall
control of emissions must be controlled be reduced by an amount calculated ac-
according to the requirements of para-
cording to the equation provided in
graph (g)(1) of this section.
§ 63.1257(f)(2)(ii)(B). The annual reduc-
(2) The production-indexed HAP con-
tion in HAP and VOC air emissions
sumption factor (kg HAP consumed/kg
must be due to the use of the following
produced) shall be reduced by at least
control devices:
75 percent from a 3 year average base-
line established no earlier than the 1987 (A) Combustion control devices such
calendar year, or for the time period as incinerators, flares or process heat-
from startup of the process until the ers.
present in which the PMPU was oper- (B) Control devices such as con-
ational and data are available, which- densers and carbon adsorbers whose re-
ever is the lesser time period. If a time covered product is destroyed or shipped
period less than 3 years is used to set offsite for destruction.
the baseline, the data must represent (C) Any control device that does not
at least 1 year’s worth of data. For any ultimately allow for recycling of mate-
reduction in the HAP factor achieved rial back to the PMPU.
by reducing a HAP that is also a VOC, (D) Any control device for which the
an equivalent reduction in the VOC owner or operator can demonstrate
factor is also required. For any reduc- that the use of the device in control-
tion in the HAP factor that is achieved ling HAP emissions will have no effect
by reducing a HAP that is not a VOC, on the production-indexed consumption
the VOC factor may not be increased. factor for the PMPU.
(3) Both requirements specified in (4) The owner or operator may com-
paragraphs (e)(3)(i) and (ii) of this sec- ply with the requirements in either
tion are met. paragraph (e)(2) or (3) of this section
133
§ 63.1252 40 CFR Ch. I (7–1–16 Edition)
for a series of processes, including situ- greater than or equal to 5,200 ppmw of
ations where multiple processes are total partially soluble and/or soluble
merged, subject to the following condi- HAP compounds. The owner or oper-
tions: ator of the source shall determine the
(i) The baseline period shall be a sin- average concentration of the stream at
gle year beginning no earlier than the the inlet to the tank and according to
1992 calendar year. the procedures in § 63.1257(e)(1)(ii).
(ii) The term ‘‘PMPU’’ shall have the (g) Control requirements for halo-
meaning provided in § 63.1251 except genated vent streams that are controlled
that the baseline and modified PMPU by combustion devices. If a combustion
may include multiple processes (i.e., device is used to comply with the pro-
precursors, active ingredients, and visions of §§ 63.1253 (storage tanks),
final dosage form) if the owner or oper-
63.1254 (process vents), 63.1256(h)
ator demonstrates to the satisfaction
(wastewater vent streams) for a halo-
of the Administrator that the multiple
genated vent stream, then the vent
processes were merged after the base-
stream shall be ducted to a halogen re-
line period into an existing process or
processes. duction device such as, but not limited
(iii) Nondedicated formulation and to, a scrubber, before it is discharged
solvent recovery processes may not be to the atmosphere. The halogen reduc-
merged with any other processes. tion device must reduce emissions by
(f) Control requirements for certain liq- the amounts specified in either para-
uid streams in open systems within a graph (g)(1) or (2) of this section.
PMPU. (1) The owner or operator shall (1) A halogen reduction device after
comply with the provisions of Table 5 the combustion control device must re-
of this subpart, for each item of equip- duce overall emissions of hydrogen
ment meeting all the criteria specified halides and halogens, as defined in
in paragraphs (f)(2) through (4) and ei- § 63.1251, by 95 percent or to a con-
ther paragraph (f)(5)(i) or (ii) of this centration less than or equal to 20
section. ppmv.
(2) The item of equipment is of a type (2) A halogen reduction device lo-
identified in Table 5 of this subpart; cated before the combustion control
(3) The item of equipment is part of a device must reduce the halogen atom
PMPU, as defined in § 63.1251; content of the vent stream to a con-
(4) The item of equipment is concentration less than or equal to 20
trolled less stringently than in Table 5 ppmv.
of this subpart and the item of equip- (h) Planned routine maintenance for
ment is not otherwise exempt from centralized combustion control devices.
controls by the provisions of this sub-
The owner or operator may operate
part or subpart A of this part; and
non-dedicated PMPU’s during periods
(5) The item of equipment:
of planned routine maintenance for
(i) Is a drain, drain hub, manhole, lift
CCCD in accordance with the provi-
station, trench, pipe, or oil/water sepa-
sions specified in paragraphs (h)(1)
rator that conveys water with an an-
nual average concentration greater through (6) of this section.
than or equal to 1,300 parts per million (1) For equipment leaks and waste-
by weight (ppmw) of partially soluble water emissions that normally are con-
HAP compounds; or an annual average trolled by the CCCD, if any, the owner
concentration greater than or equal to or operator must continue to comply
5,200 ppmw of partially soluble and/or with the requirements in
soluble HAP compounds. The annual §§ 63.1255(b)(4)(ii) and 63.1256(h), respec-
average concentration shall be deter- tively, using other control devices dur-
mined according to the procedures in ing the planned routine maintenance
§ 63.1257(e)(1)(ii). period for the CCCD.
(ii) Is a tank that receives one or (2) During the planned routine main-
more streams that contain water with tenance period, the owner or operator
an annual average concentration great- must route emissions from process

er than or equal to 1,300 ppmw of par- vents with organic HAP emissions
tially soluble HAP compounds, or greater than 15 pounds per day (lb/day)
134
through a closed-vent system to a con- meeting the criteria of paragraph (a)(1)

denser that meets the conditions speci- of this section is subject to the require-
fied in paragraphs (h)(2)(i) through (iii) ments of paragraph (b) of this section.
of this section. Except as provided in paragraphs (d),
(i) The outlet gas temperature must (e), and (f) of this section, the owner or
be less than ¥50 °C (¥58 °F) when the operator of a storage tank meeting the
emission stream contains organic HAP criteria of paragraph (a)(2) of this sec-
with a partial pressure greater than 20 tion is subject to the requirements of
kPa (2.9 psia). paragraph (c) of this section. Compli-
(ii) The outlet gas temperature must ance with the provisions of paragraphs
be less than ¥5 °C (23 °F) when the (b) and (c) of this section is dem-
emission stream contains organic HAP onstrated using the initial compliance
with a partial pressure less than or procedures in § 63.1257(c) and the moni-
equal to 20 kPa (2.9 psia). toring requirements in § 63.1258.
(iii) The HAP partial pressures in (1) A storage tank with a design ca-
paragraphs (h)(2)(i) and (ii) of this sec- pacity greater than or equal to 38 m3
tion must be determined at 25 °C. but less than 75 m3 storing a liquid for
(3) The owner or operator must route which the maximum true vapor pres-
HCl emissions from process vents with sure of total HAP is greater than or
HCl emissions greater than 15 lb/day equal to 13.1 kPa.
through a closed-vent system to a (2) A storage tank with a design ca-
caustic scrubber, and the pH of the pacity greater than or equal to 75 m3
scrubber effluent must be maintained storing a liquid for which the max-
at or above 9. imum true vapor pressure of total HAP
(4) For the purposes of the emission is greater than or equal to 13.1 kPa.
calculations required in paragraphs (b) The owner or operator of a stor-
(h)(2) and (3) of this section, the term age tank shall equip the affected stor-
‘‘process vent’’ shall mean each vent age tank with either a fixed roof with
from a unit operation. The emission internal floating roof, an external
calculation shall not be performed on floating roof, an external floating roof
the aggregated emission stream from converted to an internal floating roof,
multiple unit operations that are or a closed-vent system meeting the
manifolded together into a common conditions of § 63.1252(b) with a control
header. Once an affected process vent device that meets any of the following
has been controlled in accordance with conditions:
this section, it is no longer subject to (1) Reduces inlet emissions of total
the requirements of this section or HAP by 90 percent by weight or great-
§ 63.1254 during the routine mainte- er;
nance period. (2) Reduces emissions to outlet con-
(5) The total period of planned rou- centrations less than or equal to 20
tine maintenance, during which non- ppmv as TOC and less than or equal to
dedicated PMPU’s that are normally 20 ppmv as hydrogen halides and
controlled by the CCCD continue to op- halogens;
erate, and process vent emissions are (3) Is an enclosed combustion device
controlled as specified in paragraphs that provides a minimum residence
(h)(2) and (3) of this section, must not time of 0.5 seconds at a minimum tem-
exceed 240 hours in any 365-day period. perature of 760 °C;
(6) While being controlled as specified (4) Is a flare that meets the require-
in paragraphs (h)(2) and (3) of this sec- ments of § 63.11(b); or
tion, the process vents may not be used (5) Is a control device specified in
in emissions averaging. § 63.1257(a)(4).
[63 FR 50326, Sept. 21, 1998, as amended at 65 (c) The owner or operator of a stor-
FR 52600, Aug. 29, 2000; 66 FR 40131, Aug. 2, age tank shall equip the affected stor-
2001] age tank with either a fixed roof with
internal floating roof, an external
§ 63.1253 Standards: Storage tanks. floating roof, an external floating roof
(a) Except as provided in paragraphs converted to an internal floating roof,

(d), (e), and (f) of this section, the or a closed-vent system meeting the
owner or operator of a storage tank conditions of § 63.1252(b) with a control
135
§ 63.1253 40 CFR Ch. I (7–1–16 Edition)
device that meets any of the following vices (including CCCD subject to
conditions: § 63.1252(h)), during which the control
(1) Reduces inlet emissions of total device does not meet the specifications
HAP as specified in paragraph (c)(1) (i) of paragraphs (b) through (d) of this
or (ii) of this section: section, as applicable, shall not exceed
(i) By 95 percent by weight or great- 240 hours in any 365-day period. The
er; or (ii) If the owner or operator can owner or operator may submit an ap-
demonstrate that a control device in- plication to the Administrator request-
stalled on a storage tank on or before ing an extension of this time limit to a
April 2, 1997 is designed to reduce inlet total of 360 hours in any 365-day period.
emissions of total HAP by greater than The application must explain why the
or equal to 90 percent by weight but extension is needed, it must specify
less than 95 percent by weight, then the that no material will be added to the
control device is required to be oper- storage tank between the time the 240-
ated to reduce inlet emissions of total
hour limit is exceeded and the control
HAP by 90 percent or greater.
device is again operational, and it must
(2) Reduces emissions to outlet con-
be submitted at least 60 days before the
centrations less than or equal to 20
ppmv as TOC and less than or equal to 240-hour limit will be exceeded.
20 ppmv as hydrogen halides and (f) Vapor balancing alternative. As an
halogens; alternative to the requirements in
(3) Is an enclosed combustion device paragraphs (b) and (c) of this section,
that provides a minimum residence the owner or operator of an existing or
time of 0.5 seconds at a minimum tem- new affected source may implement
perature of 760 °C; vapor balancing in accordance with
(4) Is a flare that meets the require- paragraphs (f)(1) through (7) of this sec-
ments of § 63.11(b); or tion.
(5) Is a control device specified in (1) The vapor balancing system must
§ 63.1257(a)(4). be designed and operated to route or-
(d) As an alternative standard, the ganic HAP vapors displaced from load-
owner or operator of an existing or new ing of the storage tank to the railcar
affected source may comply with the or tank truck from which the storage
storage tank standards by routing stor- tank is filled.
age tank vents to a combustion control (2) Tank trucks and railcars must
device achieving an outlet TOC con- have a current certification in accord-
centration, as calibrated on methane ance with the U.S. Department of
or the predominant HAP, of 20 ppmv or Transportation (DOT) pressure test re-
less, and an outlet concentration of hy- quirements of 49 CFR part 180 for tank
drogen halides and halogens of 20 ppmv trucks and 49 CFR 173.31 for railcars.
or less. If the owner or operator is
(3) Hazardous air pollutants must
routing emissions to a noncombustion
only be unloaded from tank trucks or
control device, it must achieve an out-
railcars when vapor collection systems
let TOC concentration, as calibrated on
are connected to the storage tank’s
methane or the predominant HAP, of 50
ppmv or less, and an outlet concentra- vapor collection system.
tion of hydrogen halides and halogens (4) No pressure relief device on the
of 50 ppmv or less. Compliance with the storage tank, or on the railcar, or tank
outlet concentrations shall be deter- truck shall open during loading or as a
mined by the initial compliance proce- result of diurnal temperature changes
dures of § 63.1257(c)(4) and the contin- (breathing losses).
uous emission monitoring require- (5) Pressure relief devices on affected
ments of § 63.1258(b)(5). storage tanks must be set to no less
(e) Planned routine maintenance. The than 2.5 psig at all times to prevent
specifications and requirements in breathing losses. The owner or oper-
paragraphs (b) through (d) of this sec- ator shall record the setting as speci-
tion for control devices do not apply fied in § 63.1259(b)(12) and comply with
during periods of planned routine the requirements for each pressure re-
maintenance. Periods of planned rou- lief valve in paragraphs (f)(5)(i)
tine maintenance of the control de- through (iii) of this section:
136
(i) The pressure relief valve shall be (A) The equipment to be used and the
monitored quarterly using the method procedures to be followed when reload-
described in § 63.180(b). ing the railcar or tank truck and dis-
(ii) An instrument reading of 500 placing vapors to the storage tank
ppmv or greater defines a leak. from which the liquid originates, and
(iii) When a leak is detected, it shall (B) Each time the vapor balancing
be repaired as soon as practicable, but system is used to comply with para-
no later than 5 days after it is de- graph (f)(6)(ii) of this section.
tected, and the owner or operator shall
comply with the recordkeeping re-
FR 52601, Aug. 29, 2000; 66 FR 40132, Aug. 2,
quirements of § 63.1255(g)(4)(i) through 2001; 70 FR 25669, May 13, 2005]
(iv).
(6) Railcars or tank trucks that de- § 63.1254 Standards: Process vents.
liver HAP to an affected storage tank
must be reloaded or cleaned at a facil- (a) Existing sources. For each process,
ity that utilizes one of the control the owner or operator of an existing af-
techniques in paragraph (f)(6)(i) fected source must comply with the re-
through (ii) of this section: quirements in paragraphs (a)(1) and (3)
(i) The railcar or tank truck must be of this section or paragraphs (a)(2) and
connected to a closed-vent system with (3) of this section. Initial compliance
a control device that reduces inlet with the required emission limits or re-
emissions of HAP by 90 percent by ductions in paragraphs (a)(1) through
weight or greater; or (3) of this section is demonstrated in
(ii) A vapor balancing system de- accordance with the initial compliance
signed and operated to collect organic procedures described in § 63.1257(d), and
HAP vapor displaced from the tank continuous compliance is dem-
truck or railcar during reloading must onstrated in accordance with the moni-
be used to route the collected HAP toring requirements described in
vapor to the storage tank from which § 63.1258.
the liquid being transferred originated. (1) Process-based emission reduction re-
(7) The owner or operator of the facil- quirement. (i) Uncontrolled HAP emis-
ity where the railcar or tank truck is sions from the sum of all process vents
reloaded or cleaned must comply with within a process that are not subject to
the requirements in paragraph (f)(7)(i) the requirements of paragraph (a)(3) of
through (iii) of this section: this section shall be reduced by 93 per-
(i) Submit to the owner or operator cent or greater by weight, or as speci-
of the affected storage tank and to the fied in paragraph (a)(1)(ii) of this sec-
Administrator a written certification tion. Notification of changes in the
that the reloading or cleaning facility compliance method shall be reported
will meet the requirements of this sec- according to the procedures in
tion. The certifying entity may revoke § 63.1260(h).
the written certification by sending a (ii) Any one or more vents within a
written statement to the owner or op- process may be controlled in accord-
erator of the affected storage tank giv- ance with any of the procedures in
ing at least 90 days notice that the cer- paragraphs (a)(1)(ii)(A) through (D) of
tifying entity is rescinding acceptance this section. All other vents within the
of responsibility for compliance with process must be controlled as specified
the requirements of this paragraph in paragraph (a)(1)(i) of this section.
(b)(7). (A) To outlet concentrations less
(ii) If complying with paragraph than or equal to 20 ppmv as TOC and
(f)(6)(i) of this section, demonstrate less than or equal to 20 ppmv as hydro-
initial compliance in accordance with gen halides and halogens;
§ 63.1257(c), demonstrate continuous (B) By a flare that meets the require-
compliance in accordance with § 63.1258, ments of § 63.11(b);
keep records as specified in § 63.1259, (C) By a control device specified in
and prepare reports as specified in § 63.1257(a)(4); or
§ 63.1260. (D) In accordance with the alter-

(iii) If complying with paragraph native standard specified in paragraph
(f)(6)(ii) of this section, keep records of: (c) of this section.
137
§ 63.1254 40 CFR Ch. I (7–1–16 Edition)
(2) Process-based annual mass limit. (i) n = number of emission events

Actual HAP emissions from the sum of FRI = flowrate index, scfm
all process vents within a process must HL = annual uncontrolled HAP emissions, lb/
yr, as defined in § 63.1251
not exceed 900 kilograms (kg) in any
365-day period. (ii) Grandfathering provisions. As an
(ii) Actual HAP emissions from the alternative to the requirements in
sum of all process vents within proc- paragraph (a)(3)(i) of this section, the
esses complying with paragraph owner or operator may comply with
(a)(2)(i) of this section are limited to a the provisions in paragraph
maximum of 1,800 kg in any 365-day pe- (a)(3)(ii)(A), (B), or (C) of this section,
riod. if applicable.
(iii) Emissions from vents that are (A) Control device operation. If the
subject to the requirements of para- owner or operator can demonstrate
graph (a)(3) of this section and emis- that a process vent is controlled by a
sions from vents that are controlled in control device meeting the criteria
accordance with the procedures in specified in paragraph (a)(3)(ii)(A)(1) of
paragraph (c) of this section may be ex- this section, then the control device is
cluded from the sums calculated in required to be operated according to
paragraphs (a)(2)(i) and (ii) of this sec- paragraphs (a)(3)(ii)(A)(2), (3), and (4) of
tion. this section:
(iv) The owner or operator may (1) The control device was installed
switch from compliance with para- on any process vent that met the con-
graph (a)(2) of this section to compli- ditions of paragraph (a)(3)(i) of this
ance with paragraph (a)(1) of this sec- section on or before April 2, 1997, and
tion only after at least 1 year of oper- was operated to reduce uncontrolled
ation in compliance with paragraph emissions of total HAP by greater than
(a)(2) of this section. Notification of or equal to 93 percent by weight, but
such a change in the compliance meth- less than 98 percent by weight;
od shall be reported according to the (2) The device must be operated to re-
procedures in § 63.1260(h). duce inlet emissions of total HAP by 93
(3) Individual vent emission reduction percent or by the percent reduction
requirements. (i) Except as provided in specified for that control device in any
paragraph (a)(3)(ii) of this section, un- preconstruction permit issued pursuant
controlled HAP emissions from a proc- to regulations approved or promul-
ess vent must be reduced by 98 percent gated through rulemaking under title I
or in accordance with any of the proce- (including parts C or D) of the Clean
dures in paragraphs (a)(1)(ii)(A) Air Act, whichever is greater;
through (D) of this section if the un- (3) The device must be replaced or up-
controlled HAP emissions from the graded to achieve at least 98 percent
vent exceed 25 tons per year, and the reduction of HAP or meet any of the
flow-weighted average flowrate (FRa) conditions specified in paragraphs
calculated using Equation 1 of this sub- (a)(1)(ii)(A) through (D) of this section
part is less than or equal to the upon reconstruction or replacement.
flowrate index (FRI) calculated using (4) The device must be replaced or up-
Equation 2 of this subpart. graded to achieve at least 98 percent
reduction of HAP or meet any of the
n
∑ (D i )(FR i )
conditions specified in paragraphs
(a)(1)(ii)(A) through (D) of this section
i =1
FR a = n
( Eq. 1) by April 2, 2007, or 15 years after
issuance of the preconstruction permit,
∑ (D i ) whichever is later.
i =1 (B) Process operations. If a process
meets all of the conditions specified in
FRI = 0.02 ∗ (HL) − 1,000 ( Eq. 2) paragraphs (a)(3)(ii)(B)(1) through (3) of
Where: this section, the required level of con-
FRa = flow-weighted average flowrate for the trol for the process is the level that
ER29AU00.001</MATH>
vent, scfm was achieved on or before April 2, 1997.

Di = duration of each emission event, min This level of control is demonstrated
FRi = flowrate of each emission event, scfm using the same procedures that are
138
ER29AU00.000</MATH>
used to demonstrate compliance with (iii) For a non-dedicated PMPU, im-

paragraph (a)(1) of this section. plement the procedures described in
(1) At least one vent in the process paragraphs (a)(4)(iii)(A) through (C) of
met the conditions of paragraph this section for those process vents
(a)(3)(i) of this section on or before that are normally controlled by the
April 2, 1997; and CCCD. This option is not available for
(2) The overall control for the process process vents from dedicated PMPU’s.
on or before April 2, 1997 was greater (A) If the owner or operator uses a
than or equal to 93 percent by weight, CCCD to comply with the 93 percent re-
but less than 98 percent by weight; and duction requirement in paragraph
(3) The production-indexed HAP con- (a)(1)(i) or (ii) of this section, the out-
sumption factor for the 12-month pe- let concentration limit in paragraph
riod in which the process was operated (a)(1)(ii)(A) of this section, the alter-
prior to the compliance date is less native standard as specified in para-
than one-half of the 3-year average graphs (a)(1)(ii)(D) and (c) of this sec-
baseline value established no earlier tion, or the annual mass limit in para-
than the 1987 through 1989 calendar graph (a)(2) of this section, implement
years. the provisions in § 63.1252(h) during
(C) Hydrogenation vents. Processes planned routine maintenance of the
meeting the conditions of paragraphs CCCD.
(a)(3)(ii)(C)(1) through (3) of this sec- (B) If the owner or operator reduces
tion are required to be operated to HAP emissions from process vents by
maintain the level of control achieved using a CCCD that is also a control de-
on or before April 2, 1997. For all other vice specified in § 63.1257(a)(4), imple-
processes meeting the conditions of ment the provisions in § 63.1252(h) dur-
paragraph (a)(3)(ii)(C)(3) of this section, ing planned routine maintenance of the
uncontrolled HAP emissions from the CCCD.
sum of all process vents within the (C) If the owner or operator uses a
process must be reduced by 95 percent CCCD to reduce emissions from a proc-
or greater by weight. ess vent subject to paragraph (a)(3) of
(1) Processes containing a process this section, implement the planned
vent that met the conditions of para- routine maintenance provisions in
graph (a)(3)(i) of this section on or be- § 63.1252(h) for that vent only if the rea-
fore April 2, 1997; and son the planned routine maintenance is
(2) Processes that are controlled to needed, and the reason it cannot be
greater than or equal to 93 percent by performed at a time when the vent sub-
weight, but less than 98 percent by ject to paragraph (a)(3) of this section
weight; and is not operating, has been described in
(3) Processes with a hydrogenation the Notification of Compliance Status
vent that, in conjunction with all other Report or a periodic report submitted
process vents from the process that do before the planned routine mainte-
not meet the conditions of paragraph nance event.
(a)(3)(i) of this section, cannot meet (b) New sources. (1) Except as provided
the requirements of paragraph (a)(1) or in paragraph (b)(2) of this section, un-
(2) of this section. controlled HAP emissions from the
(4) Planned routine maintenance. For sum of all process vents within a proc-
each PMPU that is controlled with a ess at a new affected source shall be re-
CCCD, the owner or operator must duced by 98 percent or greater by
comply with the provisions specified in weight or controlled in accordance
either paragraph (a)(4)(i), (ii), or (iii) of with any of requirements of paragraphs
this section during periods of planned (a)(1)(ii)(A) through (D) of this section.
routine maintenance of the CCCD. The Initial compliance with the required
owner or operator is not required to emission limit or reduction is dem-
comply with the same provision for all onstrated in accordance with the ini-
of the PMPU’s controlled by the CCCD. tial compliance procedures in
(i) Shutdown the affected process. § 63.1257(d), and continuous compliance
(ii) Comply with the requirements of is demonstrated in accordance with the

paragraphs (a)(1) through (3) of this monitoring requirements described in
section by using other means. § 63.1258.
139
§ 63.1255 40 CFR Ch. I (7–1–16 Edition)
(2) Annual mass limit. The actual HAP required to comply only with the provi-
emissions from the sum of all process sions of this subpart:
vents for which the owner or operator (i) 40 CFR part 60.
is not complying with paragraph (b)(1) (ii) 40 CFR part 61.
of this section are limited to 900 kg in (3) [Reserved]
any 365-day period. (4) The provisions in § 63.1(a)(3) of
(c) Alternative standard. As an alter- subpart A of this part do not alter the
native standard, the owner or operator provisions in paragraph (a)(2) of this
of an existing or new affected source section.
may comply with the process vent (5) Lines and equipment not con-
standards by routing vents from a taining process fluids are not subject
process to a combustion control device
to the provisions of this section. Utili-
achieving an outlet TOC concentration,
ties, and other nonprocess lines, such
as calibrated on methane or the pre-
as heating and cooling systems which
dominant HAP, of 20 ppmv or less, and
do not combine their materials with
an outlet concentration of hydrogen
halides and halogens of 20 ppmv or less. those in the processes they serve, are
If the owner or operator is routing not considered to be part of a process.
emissions to a noncombustion control (6) The provisions of this section do
device, it must achieve an outlet TOC not apply to bench-scale processes, re-
concentration, as calibrated on meth- gardless of whether the processes are
ane or the predominant HAP, of 50 located at the same plant site as a
ppmv or less, and an outlet concentra- process subject to the provisions of this
tion of hydrogen halides and halogens subpart.
of 50 ppmv or less. Any process vents (7) Equipment to which this section
within a process that are not routed to applies shall be identified such that it
this control device must be controlled can be distinguished readily from
in accordance with the provisions of equipment that is not subject to this
paragraph (a) or (b) of this section, as section. Identification of the equip-
applicable. Initial compliance with the ment does not require physical tagging
outlet concentrations is demonstrated of the equipment. For example, the
in accordance with the initial compli- equipment may be identified on a plant
ance procedures described in site plan, in log entries, or by designa-
§ 63.1257(d)(1)(iv), and continuous com- tion of process boundaries by some
pliance is demonstrated in accordance form of weatherproof identification. If
with the emission monitoring require- changes are made to the affected
ments described in § 63.1258(b)(5). source subject to the leak detection re-
[65 FR 52601, Aug. 29, 2000, as amended at 66 quirements, equipment identification
FR 40132, Aug. 2, 2001] for each type of component shall be up-
dated, if needed, within 90 calendar
§ 63.1255 Standards: Equipment leaks. days or by the next Periodic Report
following the end of the monitoring pe-
(a) General equipment leak require-
ments. (1) The provisions of this section riod for that component, whichever is
apply to pumps, compressors, agi- later.
tators, pressure relief devices, sam- (8) Equipment that is in vacuum
pling connection systems, open-ended service is excluded from the require-
valves or lines, valves, connectors, in- ments of this section.
strumentation systems, control de- (9) Equipment that is in organic HAP
vices, and closed-vent systems required service, but is in such service less than
by this section that are intended to op- 300 hours per calendar year, is excluded
erate in organic hazardous air pollut- from the requirements of this section if
ant service 300 hours or more during it is identified as required in paragraph
the calendar year within a source sub- (g)(9) of this section.
ject to the provisions of this subpart. (10) When each leak is detected by
(2) Consistency with other regulations. visual, audible, or olfactory means, or
After the compliance date for a proc- by monitoring as described in § 63.180(b)

ess, equipment subject to both this sec- or (c), the following requirements
tion and either of the following will be apply:
140
(i) A weatherproof and readily visible at least 1 month for tasks that must be
identification, marked with the equip- performed each quarter, or at least 3
ment identification number, shall be months for tasks that must be per-
attached to the leaking equipment. formed annually; or
(ii) The identification on a valve in (B) In all other cases, compliance
light liquid or gas/vapor service may be shall be required before the end of the
removed after it has been monitored as first full standard calendar period after
specified in paragraph (e)(7)(iii) of this the period within which the initial
section, and no leak has been detected compliance date occurs.
during the follow-up monitoring. (iv) In all instances where a provision
(iii) The identification on equipment, of this subpart requires completion of a
except on a valve in light liquid or gas/ task during each of multiple successive
vapor service, may be removed after it periods, an owner or operator may per-
has been repaired. form the required task at any time
(11) Except as provided in paragraph during each period, provided the task is
(a)(11)(i) of this section, all terms in conducted at a reasonable interval
this subpart that define a period of after completion of the task during the
time for completion of required tasks previous period.
(e.g., weekly, monthly, quarterly, an- (12) In all cases where the provisions
nual) refer to the standard calendar pe- of this subpart require an owner or op-
riods unless specified otherwise in the
erator to repair leaks by a specified
section or paragraph that imposes the
time after the leak is detected, it is a
requirement.
violation of this section to fail to take
(i) If the initial compliance date does
action to repair the leaks within the
not coincide with the beginning of the
specified time. If action is taken to re-
standard calendar period, an owner or
pair the leaks within the specified
operator may elect to utilize a period
time, failure of that action to success-
beginning on the compliance date, or
fully repair the leak is not a violation
may elect to comply in accordance
of this section. However, if the repairs
with the provisions of paragraph
are unsuccessful, a leak is detected and
(a)(11)(ii) or (iii) of this section.
(ii) Time periods specified in this the owner or operator shall take fur-
subpart for completion of required ther action as required by applicable
tasks may be changed by mutual agree- provisions of this section.
ment between the owner or operator (b) References. (1) The owner or oper-
and the Administrator, as specified in ator of a source subject to this section
subpart A of this part. For each time shall comply with the provisions of
period that is changed by agreement, subpart H of this part, as specified in
the revised period shall remain in ef- paragraphs (b)(2) through (4) of this
fect until it is changed. A new request section. The term ‘‘process unit’’ as
is not necessary for each recurring pe- used in subpart H of this part shall be
riod. considered to be defined the same as
(iii) Except as provided in paragraph ‘‘group of processes’’ for sources sub-
(a)(11)(i) or (ii) of this section, where ject to this subpart GGG. The term
the period specified for compliance is a ‘‘fuel gas system,’’ as used in subpart H
standard calendar period, if the initial of this part, shall not apply for the pur-
compliance date does not coincide with poses of this subpart GGG.
the beginning of the calendar period, (2) Sections 63.160, 63.161, 63.162,
compliance shall be required according 63.163, 63.167, 63.168, 63.170, 63.173, 63.175,
to the schedule specified in paragraph 63.176, 63.181, and 63.182 shall not apply
(a)(11)(iii)(A) or (B) of this section, as for the purposes of this subpart GGG.
appropriate. The owner or operator shall comply
(A) Compliance shall be required be- with the provisions specified in para-
fore the end of the standard calendar graphs (b)(2)(i) through (viii) of this
period within which the initial compli- section.
ance date occurs if there remain at (i) Sections 63.160 and 63.162 shall not
least 3 days for tasks that must be per- apply; instead, the owner or operator
formed weekly, at least 2 weeks for shall comply with paragraph (a) of this
tasks that must be performed monthly, section;
141
§ 63.1255 40 CFR Ch. I (7–1–16 Edition)
(ii) Section 63.161 shall not apply; in- end of the next scheduled process shut-
stead, the owner or operator shall com- down.
ply with § 63.1251; (B) The owner or operator determines
(iii) Sections 63.163 and 63.173 shall that repair personnel would be exposed
not apply; instead, the owner or oper- to an immediate danger if attempting
ator shall comply with paragraph (c) of to repair without a process shutdown.
this section; Repair of this equipment shall occur by
(iv) Section 63.167 shall not apply; in- the end of the next scheduled process
stead, the owner or operator shall com- shutdown.
ply with paragraph (d) of this section; (ii) Section 63.172 shall apply for
(v) Section 63.168 shall not apply; in- closed-vent systems used to comply
stead, the owner or operator shall com- with this section, and for control de-
ply with paragraph (e) of this section; vices used to comply with this section
(vi) Section 63.170 shall not apply; in- only, except:
stead, the owner or operator shall com- (A) Section 63.172(k) and (l) shall not
ply with § 63.1254; apply. The owner or operator shall in-
(vii) Section 63.181 shall not apply; stead comply with paragraph (f) of this
instead, the owner or operator shall section.
comply with paragraph (g) of this sec-
(B) Owners or operators may, instead
tion; and
of complying with the provisions of
(viii) Section 63.182 shall not apply;
§ 63.172(f), design a closed-vent system
instead, the owner or operator shall
to operate at a pressure below atmos-
comply with paragraph (h) of this sec-
pheric pressure. The system shall be
tion.
equipped with at least one pressure
(3) The owner or operator shall com-
gage or other pressure measurement
ply with §§ 63.164, 63.165, 63.166, 63.169,
device that can be read from a readily
63.177, and 63.179 in their entirety, ex-
accessible location to verify that nega-
cept that when these sections reference
tive pressure is being maintained in
other sections of subpart H of this part,
the closed-vent system when the asso-
the references shall mean the sections
ciated control device is operating.
specified in paragraphs (b)(2) and (4) of
this section. Section 63.164 applies to (C) The requirements apply at all
compressors. Section 63.165 applies to times, except as specified in § 63.1250(g).
pressure relief devices in gas/vapor The owner or operator may not comply
service. Section 63.166 applies to sam- with the planned routine maintenance
pling connection systems. Section provisions in § 63.1252(h).
63.169 applies to pumps, valves, connec- (iii) Section 63.174 shall apply except:
tors, and agitators in heavy liquid (A) Section 63.174(f), (g), and (h) shall
service; instrumentation systems; and not apply. Instead of § 63.174(f), (g), and
pressure relief devices in liquid service. (h), the owner or operator shall comply
Section 63.177 applies to general alter- with paragraph (f) of this section. Sec-
native means of emission limitation. tion 63.174(b)(3) shall not apply. Instead
Section 63.179 applies to alternative of § 63.174(b)(3), the owner or operator
means of emission limitation for en- shall comply with paragraphs
closed-vented process units. (b)(4)(iii)(B) through (F) of this section.
(4) The owner or operator shall com- (B) If the percent leaking connectors
ply with §§ 63.171, 63.172, 63.174, 63.178, in a group of processes was greater
and 63.180, except as specified in para- than or equal to 0.5 percent during the
graphs (b)(4)(i) through (vi) of this sec- initial monitoring period, monitoring
tion. shall be performed once per year until
(i) Section 63.171 shall apply, except the percent leaking connectors is less
§ 63.171(a) shall not apply. Instead, than 0.5 percent.
delay of repair of equipment for which (C) If the percent leaking connectors
leaks have been detected is allowed if in the group of processes was less than
one of the conditions in paragraphs 0.5 percent, but equal to or greater
(b)(4)(i)(A) through (B) exists: than 0.25 percent, during the initial or
(A) The repair is technically infeasi- last required monitoring period, the
ble without a process shutdown. Repair owner or operator may elect to mon-
of this equipment shall occur by the itor once every 4 years. An owner or
142
operator may comply with the require- (A) Section 63.178(b), requirements
ments of this paragraph by monitoring for pressure testing, may be applied to
at least 40 percent of the connectors in all processes (not just batch processes)
the first 2 years and the remainder of and to supply lines between storage
the connectors within the next 2 years. and processing areas.
The percent leaking connectors will be (B) For pumps, the phrase ‘‘at the
calculated for the total of all required frequencies specified in Table 1 of this
monitoring performed during the 4- subpart’’ in § 63.178(c)(3)(iii) shall mean
year period. ‘‘quarterly’’ for the purposes of this
(D) Except as provided in paragraph subpart.
(b)(4)(iii)(B) of this section, if leaking (v) Section 63.180 shall apply except
connectors comprise at least 0.5 per- § 63.180(b)(4)(ii)(A) through (C) shall not
cent but less than 1.0 percent of the apply. Instead, calibration gases shall
connectors during the last monitoring be a mixture of methane and air at a
period, the owner or operator shall concentration of approximately, but
monitor at least once every 2 years for less than, 10,000 parts per million meth-
the next monitoring period. At the end ane for agitators; 2,000 parts per mil-
of that 2-year monitoring period, if the lion for pumps; and 500 parts per mil-
percent leaking connectors is greater lion for all other equipment, except as
than or equal to 0.5 percent, the owner provided in § 63.180(b)(4)(iii).
or operator shall monitor once per year (vi) When §§ 63.171, 63.172, 63.174,
until the percent leaking connectors is 63.178, and 63.180 reference other sec-
less than 0.5 percent. If, at the end of a tions in subpart H of this part, the ref-
monitoring period, the percent leaking erences shall mean those sections spec-
connectors is less than 0.5 percent, the ified in paragraphs (b)(2) and (b)(4)(i)
owner or operator shall monitor in ac- through (v) of this section, as applica-
cordance with paragraph (b)(4)(iii)(C) ble.
or (F) of this section, as appropriate. (c) Standards for pumps in light liquid
(E) If an owner or operator deter- service and agitators in gas/vapor service
mines that 1 percent or greater of the and in light liquid service. (1) The provi-
connectors in a group of processes are sions of this section apply to each
leaking, the owner or operator shall pump that is in light organic HAP liq-
monitor the connectors once per year. uid service, and to each agitator in or-
The owner or operator may elect to use ganic HAP gas/vapor service or in light
the provisions of paragraph organic HAP liquid service.
(b)(4)(iii)(C), (D), or (F) of this section, (2)(i) Monitoring. Each pump and agi-
as appropriate, after a monitoring pe- tator subject to this section shall be
riod in which less than 1 percent of the monitored quarterly to detect leaks by
connectors are determined to be leak- the method specified in § 63.180(b) ex-
ing. cept as provided in §§ 63.177, 63.178,
(F) The owner or operator may elect paragraph (f) of this section, and para-
to perform monitoring once every 8 graphs (c)(5) through (9) of this section.
years if the percent leaking connectors (ii) Leak definition. The instrument
in the group of processes was less than reading, as determined by the method
0.25 percent during the initial or last as specified in § 63.180(b), that defines a
required monitoring period. An owner leak is:
or operator shall monitor at least 50 (A) For agitators, an instrument
percent of the connectors in the first 4 reading of 10,000 parts per million or
years and the remainder of the connec- greater.
tors within the next 4 years. If the per- (B) For pumps, an instrument read-
cent leaking connectors in the first 4 ing of 2,000 parts per million or greater.
years is equal to or greater than 0.35 (iii) Visual Inspections. Each pump
percent, the monitoring program shall and agitator shall be checked by visual
revert at that time to the appropriate inspection each calendar week for indi-
monitoring frequency specified in para- cations of liquids dripping from the
graph (b)(4)(iii)(C), (D), or (E) of this pump or agitator seal. If there are indi-
section. cations of liquids dripping from the
(iv) Section 63.178 shall apply except: pump or agitator seal at the time of
143
§ 63.1255 40 CFR Ch. I (7–1–16 Edition)
the weekly inspection, the owner or op- %PL = [(PL—PS)/(PT—PS)] × 100 (Eq. 3)
erator shall follow the procedure speci-
Where:
fied in either paragraph (c)(2)(iii)(A) or
(B) of this section prior to the next %PL = percent leaking pumps
weekly inspection. PL = number of pumps found leaking as de-
termined through periodic monitoring as
(A) The owner or operator shall mon-
required in paragraphs (c)(2)(i) and (ii) of
itor the pump or agitator by the meth- this section.
od specified in § 63.180(b). If the instru- PT = total pumps in organic HAP service, in-
ment reading indicates a leak as speci- cluding those meeting the criteria in
fied in paragraph (c)(2)(ii) of this sec- paragraphs (c)(5) and (6) of this section.
tion, a leak is detected. PS = number of pumps in a continuous proc-
(B) The owner or operator shall ess leaking within 1 quarter of startup
eliminate the visual indications of liq- during the current monitoring period.
uids dripping. (5) Exemptions. Each pump or agitator
(3) Repair provisions. (i) When a leak equipped with a dual mechanical seal
is detected pursuant to paragraph system that includes a barrier fluid
(c)(2)(i), (c)(2)(iii)(A), (c)(5)(iv)(A), or system is exempt from the require-
(c)(5)(vi)(B) of this section, it shall be ments of paragraphs (c)(1) through
repaired as soon as practicable, but not (c)(4)(iii) of this section, provided the
later than 15 calendar days after it is following requirements are met:
detected, except as provided in para-
(i) Each dual mechanical seal system
graph (b)(4)(i) of this section.
is:
(ii) A first attempt at repair shall be
(A) Operated with the barrier fluid at
made no later than 5 calendar days
a pressure that is at all times greater
after the leak is detected. First at-
than the pump/agitator stuffing box
tempts at repair include, but are not
pressure; or
limited to, the following practices
where practicable: (B) Equipped with a barrier fluid
(A) Tightening of packing gland nuts. degassing reservoir that is connected
(B) Ensuring that the seal flush is op- by a closed-vent system to a control
erating at design pressure and tem- device that complies with the require-
perature. ments of paragraph (b)(4)(ii) of this sec-
(4) Calculation of percent leakers. (i) tion; or
The owner or operator shall decide no (C) Equipped with a closed-loop sys-
later than the end of the first moni- tem that purges the barrier fluid into a
toring period what groups of processes process stream.
will be developed. Once the owner or (ii) The barrier fluid is not in light
operator has decided, all subsequent liquid service.
percent calculations shall be made on (iii) Each barrier fluid system is
the same basis. equipped with a sensor that will detect
(ii) If, calculated on a 1-year rolling failure of the seal system, the barrier
average, the greater of either 10 per- fluid system, or both.
cent or three of the pumps in a group (iv) Each pump/agitator is checked
of processes leak, the owner or oper- by visual inspection each calendar
ator shall monitor each pump once per week for indications of liquids dripping
month, until the calculated 1-year roll- from the pump/agitator seal. If there
ing average value drops below 10 per- are indications of liquids dripping from
cent or three pumps, as applicable. the pump or agitator seal at the time
(iii) The number of pumps in a group of the weekly inspection, the owner or
of processes shall be the sum of all the operator shall follow the procedures
pumps in organic HAP service, except specified in either paragraph
that pumps found leaking in a contin- (c)(5)(iv)(A) or (B) of this section prior
uous process within 1 quarter after to the next required inspection.
startup of the pump shall not count in (A) The owner or operator shall mon-
the percent leaking pumps calculation itor the pump or agitator using the
for that one monitoring period only. method specified in § 63.180(b) to deter-
(iv) Percent leaking pumps shall be mine if there is a leak of organic HAP
determined by the following Equation in the barrier fluid. If the instrument
3: reading indicates a leak, as specified in
144
paragraph (c)(2)(ii) of this section, a criteria in either paragraph (c)(5) or (6)

leak is detected. of this section, the group of processes
(B) The owner or operator shall is exempt from the requirements of
eliminate the visual indications of liq- paragraph (c)(4) of this section.
uids dripping. (d) Standards: Open-ended valves or
(v) Each sensor as described in para- lines. (1)(i) Each open-ended valve or
graph (c)(5)(iii) of this section is ob- line shall be equipped with a cap, blind
served daily or is equipped with an flange, plug, or a second valve, except
alarm unless the pump is located with- as provided in § 63.177 and paragraphs
in the boundary of an unmanned plant (d)(4) through (6) of this section.
site. (ii) The cap, blind flange, plug, or
(vi)(A) The owner or operator deter- second valve shall seal the open end at
mines, based on design considerations all times except during operations re-
and operating experience, criteria ap- quiring process fluid flow through the
plicable to the presence and frequency open-ended valve or line, or during
of drips and to the sensor that indicate maintenance or repair. The cap, blind
failure of the seal system, the barrier flange, plug, or second valve shall be in
fluid system, or both. place within 1 hour of cessation of op-
(B) If indications of liquids dripping erations requiring process fluid flow
from the pump/agitator seal exceed the through the open-ended valve or line,
criteria established in paragraph or within 1 hour of cessation of mainte-
(c)(5)(vi)(A) of this section, or if, based nance or repair. The owner or operator
on the criteria established in para- is not required to keep a record docu-
graph (c)(5)(vi)(A) of this section, the menting compliance with the 1-hour re-
sensor indicates failure of the seal sys- quirement.
tem, the barrier fluid system, or both, (2) Each open-ended valve or line
a leak is detected. equipped with a second valve shall be
(vii) When a leak is detected pursu- operated in a manner such that the
ant to paragraph (c)(5)(iv)(A) or (B) of valve on the process fluid end is closed
this section, the leak must be repaired before the second valve is closed.
as specified in paragraph (c)(3) of this (3) When a double block and bleed
section. system is being used, the bleed valve or
(6) Any pump/agitator that is de- line may remain open during oper-
signed with no externally actuated ations that require venting the line be-
shaft penetrating the pump/agitator tween the block valves but shall com-
housing is exempt from the require- ply with paragraph (d)(1) of this section
ments of paragraphs (c)(1) through (3) at all other times.
of this section. (4) Open-ended valves or lines in an
(7) Any pump/agitator equipped with emergency shutdown system which are
a closed-vent system capable of cap- designed to open automatically in the
turing and transporting any leakage event of a process upset are exempt
from the seal or seals back to the proc- from the requirements of paragraphs
ess or to a control device that complies (d)(1) through (d)(3) of this section.
with the requirements of paragraph (5) Open-ended valves or lines con-
(b)(4)(ii) of this section is exempt from taining materials which would
the requirements of paragraphs (c)(2) autocatalytically polymerize are ex-
through (5) of this section. empt from the requirements of para-
(8) Any pump/agitator that is located graphs (d)(1) through (d)(3) of this sec-
within the boundary of an unmanned tion.
plant site is exempt from the weekly (6) Open-ended valves or lines con-
visual inspection requirement of para- taining materials which could cause an
graphs (c)(2)(iii) and (c)(5)(iv) of this explosion, serious overpressure, or
section, and the daily requirements of other safety hazard if capped or
paragraph (c)(5)(v) of this section, pro- equipped with a double block and bleed
vided that each pump/agitator is vis- system as specified in paragraphs (d)(1)
ually inspected as often as practicable through (d)(3) of this section are ex-
and at least monthly. empt from the requirements of para-

(9) If more than 90 percent of the graphs (d)(1) through (d)(3) of this sec-
pumps in a group of processes meet the tion.
145
§ 63.1255 40 CFR Ch. I (7–1–16 Edition)
(e) Standards: Valves in gas/vapor serv- (5) Calculation of percent leakers. For a
ice and in light liquid service. (1) The group of processes to which this sub-
provisions of this section apply to part applies, an owner or operator may
valves that are either in gas organic choose to subdivide the valves in the
HAP service or in light liquid organic applicable group of processes and apply
HAP service. the provisions of paragraph (e)(4) of
(2) For existing and new affected this section to each subgroup. If the
sources, all valves subject to this sec- owner or operator elects to subdivide
tion shall be monitored, except as pro- the valves in the applicable group of
vided in paragraph (f) of this section processes, then the provisions of para-
and in § 63.177, by no later than 1 year graphs (e)(5)(i) through (e)(5)(viii) of
after the compliance date. this section apply.
(3) Monitoring. The owner or operator
(i) The overall performance of total
of a source subject to this section shall
valves in the applicable group of proc-
monitor all valves, except as provided
esses must be less than 2 percent leak-
in paragraph (f) of this section and in
ing valves, as detected according to
§ 63.177, at the intervals specified in
paragraph (e)(4) of this section and paragraphs (e)(3) (i) and (ii) of this sec-
shall comply with all other provisions tion and as calculated according to
of this section, except as provided in paragraphs (e)(6) (ii) and (iii) of this
paragraph (b)(4)(i) of this section, section.
§§ 63.178 and 63.179. (ii) The initial assignment or subse-
(i) The valves shall be monitored to quent reassignment of valves to sub-
detect leaks by the method specified in groups shall be governed by the provi-
§ 63.180(b). sions of paragraphs (e)(5)(ii) (A)
(ii) An instrument reading of 500 through (C) of this section.
parts per million or greater defines a (A) The owner or operator shall de-
leak. termine which valves are assigned to
(4) Subsequent monitoring frequencies. each subgroup. Valves with less than 1
After conducting the initial survey re- year of monitoring data or valves not
quired in paragraph (e)(2) of this sec- monitored within the last 12 months
tion, the owner or operator shall mon- must be placed initially into the most
itor valves for leaks at the intervals frequently monitored subgroup until at
specified below: least 1 year of monitoring data has
(i) For a group of processes with 2 been obtained.
percent or greater leaking valves, cal- (B) Any valve or group of valves can
culated according to paragraph (e)(6) of be reassigned from a less frequently
this section, the owner or operator monitored subgroup to a more fre-
shall monitor each valve once per
quently monitored subgroup provided
month, except as specified in paragraph
that the valves to be reassigned were
(e)(9) of this section.
monitored during the most recent mon-
(ii) For a group of processes with less
than 2 percent leaking valves, the itoring period for the less frequently
owner or operator shall monitor each monitored subgroup. The monitoring
valve once each quarter, except as pro- results must be included with the less
vided in paragraphs (e)(4)(iii) through frequently monitored subgroup’s moni-
(e)(4)(v) of this section. toring event and associated next per-
(iii) For a group of processes with cent leaking valves calculation for
less than 1 percent leaking valves, the that group.
owner or operator may elect to mon- (C) Any valve or group of valves can
itor each valve once every 2 quarters. be reassigned from a more frequently
(iv) For a group of processes with less monitored subgroup to a less fre-
than 0.5 percent leaking valves, the quently monitored subgroup provided
owner or operator may elect to mon- that the valves to be reassigned have
itor each valve once every 4 quarters. not leaked for the period of the less fre-
(v) For a group of processes with less quently monitored subgroup (e.g., for
than 0.25 percent leaking valves, the the last 12 months, if the valve or
owner or operator may elect to mon- group of valves is to be reassigned to a
itor each valve once every 2 years. subgroup being monitored annually).
146
Nonrepairable valves may not be reas- and the valves assigned to each sub-
signed to a less frequently monitored group.
subgroup. (vi) Semiannual reports. In addition to
(iii) The owner or operator shall de- the information required by paragraph
termine every 6 months if the overall (h)(3) of this section, the owner or oper-
performance of total valves in the ap- ator shall submit in the periodic re-
plicable group of processes is less than ports the information specified in para-
2 percent leaking valves and so indi- graphs (e)(5)(vi)(A) and (B) of this sec-
cate the performance in the next peri- tion.
odic report. If the overall performance (A) Valve reassignments occurring
of total valves in the applicable group during the reporting period, and
of processes is 2 percent leaking valves (B) Results of the semiannual overall
or greater, the owner or operator shall performance calculation required by
revert to the program required in para- paragraph (e)(5)(iii) of this section.
graphs (e)(2) through (e)(4) of this sec- (vii) To determine the monitoring
tion. The overall performance of total frequency for each subgroup, the cal-
valves in the applicable group of proc- culation procedures of paragraph
esses shall be calculated as a weighted (e)(6)(iii) of this section shall be used.
average of the percent leaking valves (viii) Except for the overall perform-
of each subgroup according to the fol- ance calculations required by para-
lowing Equation 4: graphs (e)(5)(i) and (e)(5)(iii) of this sec-
tion, each subgroup shall be treated as
n if it were a process for the purposes of
∑ (%VLi × Vi ) applying the provisions of this section.
(6)(i) The owner or operator shall de-
i =1
%VLO = n
( Eq. 4) cide no later than the implementation
∑ Vi date of this subpart or upon revision of
an operating permit how to group the
i =1 processes. Once the owner or operator
where: has decided, all subsequent percentage
%VLO = overall performance of total valves calculations shall be made on the same
in the applicable process or group of basis.
processes (ii) Percent leaking valves for each
%VLi = percent leaking valves in subgroup i,
group of processes or subgroup shall be
most recent value calculated according
to the procedures in paragraphs (e)(6)(ii) determined by the following Equation
and (iii) of this section 5:
Vi = number of valves in subgroup i %VL = [VL/VT] × 100 (Eq. 5)
(iv) Records. In addition to records re- Where:
quired by paragraph (g) of this section, %VL = percent leaking valves as determined
the owner or operator shall maintain through periodic monitoring required in
records specified in paragraphs paragraphs (e)(2) through (4) of this sec-
(e)(5)(iv)(A) through (D) of this section. tion.
(A) Which valves are assigned to each VT = total valves monitored, in a monitoring
subgroup, period excluding valves monitored as re-
(B) Monitoring results and calcula- quired by (e)(7)(iii) of this section
tions made for each subgroup for each (iii) When determining monitoring
monitoring period, frequency for each group of processes
(C) Which valves are reassigned and or subgroup subject to monthly, quar-
when they were reassigned, and terly, or semiannual monitoring fre-
(D) The results of the semiannual quencies, the percent leaking valves
overall performance calculation re- shall be the arithmetic average of the
quired in paragraph (e)(5)(iii) of this percent leaking valves from the last
section. two monitoring periods. When deter-
(v) The owner or operator shall no- mining monitoring frequency for each
tify the Administrator no later than 30 group of processes or subgroup subject
days prior to the beginning of the next to annual or biennial (once every 2
monitoring period of the decision to years) monitoring frequencies, the per-

subgroup valves. The notification shall cent leaking valves shall be the arith-
identify the participating processes metic average of the percent leaking
147
ER21SE98.002</GPH>
§ 63.1255 40 CFR Ch. I (7–1–16 Edition)
valves from the last three monitoring timing of the monitoring period for
periods. periodic monitoring coincides with the
(iv)(A) Nonrepairable valves shall be time specified in paragraph (e)(7)(iii) of
included in the calculation of percent this section.
leaking valves the first time the valve (C) If a leak is detected by moni-
is identified as leaking and nonrepair- toring that is conducted pursuant to
able and as required to comply with paragraph (e)(7)(iii) of this section, the
paragraph (e)(6)(iv)(B) of this section. owner or operator shall follow the pro-
Otherwise, a number of nonrepairable visions of paragraphs (e)(7)(iii)(C)(1)
valves (identified and included in the and (2) of this section to determine
percent leaking calculation in a pre- whether that valve must be counted as
vious period) up to a maximum of 1 a leaking valve for purposes of para-
percent of the total number of valves graph (e)(6) of this section.
in organic HAP service at a process (1) If the owner or operator elects to
may be excluded from calculation of use periodic monitoring required by
percent leaking valves for subsequent paragraphs (e)(2) through (4) of this
monitoring periods. section to satisfy the requirements of
(B) If the number of nonrepairable paragraph (e)(7)(iii) of this section,
valves exceeds 1 percent of the total then the valve shall be counted as a
number of valves in organic HAP serv- leaking valve.
ice at a process, the number of non- (2) If the owner or operator elects to
repairable valves exceeding 1 percent of use other monitoring prior to the peri-
the total number of valves in organic odic monitoring required by para-
HAP service shall be included in the graphs (e)(2) through (4) of this section
calculation of percent leaking valves. to satisfy the requirements of para-
(7) Repair provisions. (i) When a leak graph (e)(7)(iii) of this section, then the
is detected, it shall be repaired as soon valve shall be counted as a leaking
as practicable, but no later than 15 cal- valve unless it is repaired and shown
endar days after the leak is detected, by periodic monitoring not to be leak-
except as provided in paragraph ing.
(b)(4)(i)) of this section.
(8) First attempts at repair include,
(ii) A first attempt at repair shall be
but are not limited to, the following
practices where practicable:
after each leak is detected.
(i) Tightening of bonnet bolts,
(iii) When a leak is repaired, the
valve shall be monitored at least once (ii) Replacement of bonnet bolts,
within the first 3 months after its re- (iii) Tightening of packing gland
pair. Days that the valve is not in or- nuts, and
ganic HAP service shall not be consid- (iv) Injection of lubricant into lubri-
ered part of this 3 month period. The cated packing.
monitoring required by this paragraph (9) Any equipment located at a plant
is in addition to the monitoring re- site with fewer than 250 valves in or-
quired to satisfy the definitions of ‘‘re- ganic HAP service in the affected
paired’’ and ‘‘first attempt at repair.’’ source is exempt from the require-
(A) The monitoring shall be con- ments for monthly monitoring speci-
ducted as specified in § 63.180(b) and (c) fied in paragraph (e)(4)(i) of this sec-
as appropriate to determine whether tion. Instead, the owner or operator
the valve has resumed leaking. shall monitor each valve in organic
(B) Periodic monitoring required by HAP service for leaks once each quar-
paragraphs (e)(2) through (4) of this ter, or comply with paragraph
section may be used to satisfy the re- (e)(4)(iii), (iv), or (v) of this section, ex-
quirements of paragraph (e)(7)(iii) of cept as provided in paragraph (f) of this
this section, if the timing of the moni- section.
toring period coincides with the time (f) Unsafe to monitor/inspect, difficult
specified in paragraph (e)(7)(iii) of this to monitor/inspect, and inaccessible equip-
section. Alternatively, other moni- ment. (1) Equipment that is designated
toring may be performed to satisfy the as unsafe to monitor, unsafe to inspect,

requirements of paragraph (e)(7)(iii) of difficult to monitor, difficult to in-
this section, regardless of whether the spect, or inaccessible is exempt from
148
the monitoring requirements as speci- (3) Equipment that is difficult to mon-

fied in paragraphs (f)(1)(i) through (iv) itor or difficult to inspect. (i) A valve, ag-
of this section provided the owner or itator, or pump may be designated as
operator meets the requirements speci- difficult to monitor if the owner or op-
fied in paragraph (f)(2), (3), or (4) of this erator determines that the valve, agi-
section, as applicable. All equipment tator, or pump cannot be monitored
must be assigned to a group of proc- without elevating the monitoring per-
esses. Ceramic or ceramic-lined con- sonnel more than 2 meters above a sup-
nectors are subject to the same report surface, or it is not accessible in a
quirements as inaccessible connectors. safe manner when it is in organic HAP
(i) For pumps and agitators, para- service.
graphs (c)(2), (3), and (4) of this section (ii) Any part of a closed-vent system
do not apply. may be designated as difficult to in-
(ii) For valves, paragraphs (e)(2) spect if the owner or operator deter-
through (7) of this section do not apply. mines that the equipment cannot be in-
(iii) For connectors, § 63.174(b) spected without elevating the moni-
through (e) and paragraphs (b)(4)(iii)(B) toring personnel more than 2 meters
through (F) of this section do not above a support surface, or it is not ac-
apply. cessible in a safe manner when it is in
(iv) For closed-vent systems, organic HAP service.
§ 63.172(f)(1) and (2) and § 63.172(g) do not (iii) At an existing source, any valve,
apply. agitator or pump within a group of
(2) Equipment that is unsafe to monitor processes that meets the criteria of
or unsafe to inspect. (i) Valves, connec- paragraph (f)(3)(i) of this section may
tors, agitators, and pumps may be des- be designated as difficult to monitor,
ignated as unsafe to monitor if the and any parts of a closed-vent system
owner or operator determines that that meet the requirements of para-
monitoring personnel would be exposed graph (f)(3)(ii) of this section may be
to an immediate danger as a con- designated as difficult to inspect. At a
sequence of complying with the moni- new affected source, an owner or oper-
toring requirements referred to in ator may designate no more than 3 per-
paragraphs (f)(1)(i) through (iii) of this cent of valves as difficult to monitor.
section. (iv) The owner or operator of valves,
(ii) Any part of a closed-vent system agitators, or pumps designated as dif-
may be designated as unsafe to inspect ficult to monitor must have a written
if the owner or operator determines plan that requires monitoring of the
that monitoring personnel would be ex- equipment at least once per calendar
posed to an immediate danger as a con- year or on the periodic monitoring
sequence of complying with the moni- schedule otherwise applicable to the
toring requirements referred to in group of processes in which the equip-
paragraph (f)(1)(iv) of this section. ment is located, whichever is less fre-
(iii) The owner or operator of equip- quent. For any part of a closed-vent
ment that is designated as unsafe to system designated as difficult to in-
monitor must have a written plan that spect, the owner or operator must have
requires monitoring of the equipment a written plan that requires inspection
as frequently as practicable during safe of the closed-vent system at least once
to monitor times, but not more fre- every 5 years.
quently than the periodic monitoring (4) Inaccessible, ceramic, or ceramic-
schedule otherwise applicable to the lined connectors. (i) A connector may be
group of processes in which the equip- designated as inaccessible if it is:
ment is located. (A) Buried;
(iv) For any parts of a closed-vent (B) Insulated in a manner that pre-
system designated as unsafe to inspect, vents access to the connector by a
the owner or operator must have a monitor probe;
written plan that requires inspection of (C) Obstructed by equipment or pip-
the closed-vent systems as frequently ing that prevents access to the con-
as practicable during safe to inspect nector by a monitor probe;

times, but not more frequently than (D) Unable to be reached from a
annually. wheeled scissor-lift or hydraulic-type
149
§ 63.1255 40 CFR Ch. I (7–1–16 Edition)
scaffold which would allow access to (2) General recordkeeping. Except as

equipment up to 7.6 meters (25 feet) provided in paragraph (g)(5)(i) of this
above the ground; or section and in paragraph (a)(9) of this
(E) Not able to be accessed at any section, the following information per-
time in a safe manner to perform moni- taining to all equipment subject to the
toring. Unsafe access includes, but is requirements in this section shall be
not limited to, the use of a wheeled recorded:
scissor-lift on unstable or uneven ter- (i)(A) A list of identification numbers
rain, the use of a motorized man-lift for equipment (except connectors that
basket in areas where an ignition po- are subject to paragraph (f)(4) of this
tential exists, or access would require section) subject to the requirements of
near proximity to hazards such as elec- this section. Except for equipment sub-
trical lines, or would risk damage to ject to the recordkeeping requirements
equipment. in paragraphs (g)(2)(ii) through (viii) of
(ii) A connector may be designated as this section, equipment need not be in-
inaccessible if it would require ele- dividually identified if, for a particular
vating the monitoring personnel more type of equipment, all items of that
than 2 meters above a permanent sup- equipment in a designated area or
port surface or would require the erec- length of pipe subject to the provisions
tion of scaffold. of this section are identified as a
group, and the number of subject items
(iii) At an existing source, any con-
of equipment is indicated. The list for
nector that meets the criteria of para-
each type of equipment shall be com-
graph (f)(4)(i) or (ii) of this section may
pleted no later than the completion of
be designated as inaccessible. At a new
the initial survey required for that
affected source, an owner or operator
component. The list of identification
may designate no more than 3 percent
numbers shall be updated, if needed, to
of connectors as inaccessible.
incorporate equipment changes identi-
(iv) If any inaccessible, ceramic, or fied during the course of each moni-
ceramic-lined connector is observed by toring period within 90 calendar days,
visual, audible, olfactory, or other or by the next Periodic Report, fol-
means to be leaking, the leak shall be lowing the end of the monitoring pe-
repaired as soon as practicable, but no riod for the type of equipment compo-
later than 15 calendar days after the nent monitored, whichever is later.
leak is detected, except as provided in (B) A schedule for monitoring con-
paragraph (b)(4)(i) of this section. nectors subject to the provisions of
(v) Any connector that is inaccessible § 63.174(a) and valves subject to the pro-
or that is ceramic or ceramic-lined is visions of paragraph (e)(4) of this sec-
exempt from the recordkeeping and re- tion.
porting requirements of paragraphs (g) (C) Physical tagging of the equip-
and (h) of this section. ment to indicate that it is in organic
(g) Recordkeeping requirements. (1) An HAP service is not required. Equip-
owner or operator of more than one ment subject to the provisions of this
group of processes subject to the provi- section may be identified on a plant
sions of this section may comply with site plan, in log entries, or by other ap-
the recordkeeping requirements for the propriate methods.
groups of processes in one record- (ii)(A) A list of identification num-
keeping system if the system identifies bers for equipment that the owner or
with each record the program being im- operator elects to equip with a closed-
plemented (e.g., quarterly monitoring) vent system and control device, under
for each type of equipment. All records the provisions of paragraph (c)(7) of
and information required by this sec- this section, § 63.164(h), or § 63.165(c).
tion shall be maintained in a manner (B) A list of identification numbers
that can be readily accessed at the for compressors that the owner or oper-
plant site. This could include phys- ator elects to designate as operating
ically locating the records at the plant with an instrument reading of less
site or accessing the records from a than 500 parts per million above back-
central location by computer at the ground, under the provisions of
plant site. § 63.164(i).
150
(iii)(A) A list of identification num- (3) Records of visual inspections. For

bers for pressure relief devices subject visual inspections of equipment subject
to the provisions in § 63.165(a). to the provisions of paragraphs
(B) A list of identification numbers (c)(2)(iii) and (c)(5)(iv) of this section,
for pressure relief devices equipped the owner or operator shall document
with rupture disks, under the provi- that the inspection was conducted and
sions of § 63.165(d). the date of the inspection. The owner
(iv) Identification of instrumentation or operator shall maintain records as
systems subject to the provisions of specified in paragraph (g)(4) of this sec-
this section. Individual components in tion for leaking equipment identified
an instrumentation system need not be in this inspection, except as provided
identified. in paragraph (g)(5) of this section.
(v) The following information shall These records shall be retained for 2
be recorded for each dual mechanical years.
seal system: (4) Monitoring records. When each leak
(A) Design criteria required by para- is detected as specified in paragraph (c)
graph (c)(5)(vi)(A) of this section and of this section and § 63.164, paragraph
§ 63.164(e)(2), and an explanation of the (e) of this section and § 63.169, and
design criteria; and §§ 63.172 and 63.174, the following infor-
(B) Any changes to these criteria and mation shall be recorded and kept for 5
the reasons for the changes. years (at least 2 years onsite, with the
(vi) A list of equipment designated as remaining 3 years either onsite or off-
unsafe to monitor/inspect or difficult site):
to monitor/inspect under paragraph (f) (i) The instrument and the equip-
of this section and a copy of the plan ment identification number and the op-
for monitoring or inspecting this erator name, initials, or identification
equipment. number.
(vii) A list of connectors removed
(ii) The date the leak was detected
from and added to the process, as de-
and the date of the first attempt to re-
scribed in § 63.174(i)(1), and documenta-
pair the leak.
tion of the integrity of the weld for any
(iii) The date of successful repair of
removed connectors, as required in
the leak.
§ 63.174(j). This is not required unless
the net credits for removed connectors (iv) The maximum instrument read-
is expected to be used. ing measured by Method 21 of 40 CFR
(viii) For equipment that the owner part 60, appendix A, after the leak is
or operator elects to monitor as pro- successfully repaired or determined to
vided under § 63.178(c), a list of equip- be nonrepairable.
ment added to batch product processes (v) ‘‘Repair delayed’’ and the reason
since the last monitoring period re- for the delay if a leak is not repaired
quired in § 63.178(c)(3)(ii) and (iii). This within 15 calendar days after discovery
list must be completed for each type of of the leak.
equipment within 90 calendar days, or (A) The owner or operator may de-
by the next Periodic Report, following velop a written procedure that identi-
the end of the monitoring period for fies the conditions that justify a delay
the type of equipment monitored, of repair. The written procedures shall
whichever is later. Also, if the owner or be included in a document that is
operator elects to adjust monitoring maintained at the plant site. Reasons
frequency by the time in use, as pro- for delay of repair may be documented
vided in § 63.178(c)(3)(iii), records dem- by citing the relevant sections of the
onstrating the proportion of the time written procedure.
during the calendar year the equip- (B) If delay of repair was caused by
ment is in use in a manner subject to depletion of stocked parts, there must
the provisions of this section are re- be documentation that the spare parts
quired. Examples of suitable docu- were sufficiently stocked onsite before
mentation are records of time in use depletion and the reason for depletion.
for individual pieces of equipment or (vi) If repairs were delayed, dates of

average time in use for the process process shutdowns that occur while the
unit. equipment is unrepaired.
151
§ 63.1255 40 CFR Ch. I (7–1–16 Edition)
(vii)(A) If the alternative in (iv) Records of any visible, audible,

§ 63.174(c)(1)(ii) is not in use for the or olfactory evidence of fluid loss.
monitoring period, identification, ei- (v) When a process equipment train
ther by list, location (area or group- does not pass two consecutive pressure
ing), or tagging of connectors disturbed tests, the following information shall
since the last monitoring period re- be recorded in a log and kept for 2
quired in § 63.174(b), as described in years:
§ 63.174(c)(1). (A) The date of each pressure test
(B) The date and results of follow-up and the date of each leak repair at-
monitoring as required in tempt.
§ 63.174(c)(1)(i) and (c)(2)(ii). If identi- (B) Repair methods applied in each
fication of disturbed connectors is attempt to repair the leak.
made by location, then all connectors (C) The reason for the delay of repair.
within the designated location shall be (D) The expected date for delivery of
monitored. the replacement equipment and the ac-
(viii) The date and results of the tual date of delivery of the replace-
monitoring required in § 63.178(c)(3)(i) ment equipment.
for equipment added to a batch process (E) The date of successful repair.
since the last monitoring period re- (6) Records of compressor and relief de-
quired in § 63.178(c)(3)(ii) and (iii). If no vice compliance tests. The dates and re-
leaking equipment is found in this sults of each compliance test required
monitoring, the owner or operator for compressors subject to the provi-
shall record that the inspection was sions in § 63.164(i) and the dates and re-
performed. Records of the actual moni- sults of the monitoring following a
toring results are not required. pressure release for each pressure relief
device subject to the provisions in
(ix) Copies of the periodic reports as
§§ 63.165(a) and (b). The results shall in-
specified in paragraph (h)(3) of this sec-
clude:
tion, if records are not maintained on a
(i) The background level measured
computerized data base capable of gen-
during each compliance test.
erating summary reports from the
(ii) The maximum instrument read-
records. ing measured at each piece of equip-
(5) Records of pressure tests. The owner ment during each compliance test.
or operator who elects to pressure test (7) Records for closed-vent systems. The
a process equipment train or supply owner or operator shall maintain
lines between storage and processing records of the information specified in
areas to demonstrate compliance with paragraphs (g)(7)(i) through (iii) of this
this section is exempt from the re- section for closed-vent systems and
quirements of paragraphs (g)(2), (3), (4), control devices subject to the provi-
and (6) of this section. Instead, the sions of paragraph (b)(4)(ii) of this sec-
owner or operator shall maintain tion. The records specified in para-
records of the following information: graph (g)(7)(i) of this section shall be
(i) The identification of each product, retained for the life of the equipment.
or product code, produced during the The records specified in paragraphs
calendar year. It is not necessary to (g)(7)(ii) and (g)(7)(iii) of this section
identify individual items of equipment shall be retained for 2 years.
in the process equipment train. (i) The design specifications and per-
(ii) Physical tagging of the equip- formance demonstrations specified in
ment to identify that it is in organic paragraphs (g)(7)(i)(A) through
HAP service and subject to the provi- (g)(7)(i)(D) of this section.
sions of this section is not required. (A) Detailed schematics, design spec-
Equipment in a process subject to the ifications of the control device, and
provisions of this section may be iden- piping and instrumentation diagrams.
tified on a plant site plan, in log en- (B) The dates and descriptions of any
tries, or by other appropriate methods. changes in the design specifications.
(iii) The dates of each pressure test (C) The flare design (i.e., steam as-
required in § 63.178(b), the test pressure, sisted, air assisted, or nonassisted) and
and the pressure drop observed during the results of the compliance dem-
the test. onstration required by § 63.11(b).
152
(D) A description of the parameter or service less than 300 hours per year
parameters monitored, as required in subject to the provisions of this sec-
paragraph (b)(4)(ii) of this section, to tion.
ensure that control devices are oper- (10) Records of alternative means of
ated and maintained in conformance compliance determination. Owners and
with their design and an explanation of operators choosing to comply with the
why that parameter (or parameters) requirements of § 63.179 shall maintain
was selected for the monitoring. the following records:
(ii) Records of operation of closed- (i) Identification of the process(es)
vent systems and control devices. and the organic HAP they handle.
(A) Dates and durations when the (ii) A schematic of the process, enclo-
closed-vent systems and control de- sure, and closed-vent system.
vices required in paragraph (c) of this (iii) A description of the system used
section and §§ 63.164 through 63.166 are to create a negative pressure in the en-
not operated as designed as indicated closure to ensure that all emissions are
by the monitored parameters, includ- routed to the control device.
ing periods when a flare pilot light sys- (h) Reporting requirements. (1) Each
tem does not have a flame. owner or operator of a source subject
(B) Dates and durations during which to this section shall submit the reports
the monitoring system or monitoring listed in paragraphs (h)(1)(i) through
device is inoperative. (ii) of this section.
(C) Dates and durations of startups (i) A Notification of Compliance Sta-
and shutdowns of control devices re- tus Report described in paragraph
quired in paragraph (c)(7) of this sec- (h)(2) of this section,
tion and §§ 63.164 through 63.166.
(ii) Periodic reports described in
(iii) Records of inspections of closed-
paragraph (h)(3) of this section.
vent systems subject to the provisions
(2) Notification of compliance status re-
of § 63.172.
port. Each owner or operator of a
(A) For each inspection conducted in
source subject to this section shall sub-
accordance with the provisions of
mit the information specified in para-
§ 63.172(f)(1) or (f)(2) during which no
graphs (h)(2)(i) through (iii) of this sec-
leaks were detected, a record that the
tion in the Notification of Compliance
inspection was performed, the date of
Status Report described in § 63.1260(f).
the inspection, and a statement that
no leaks were detected. (i) The notification shall provide the
(B) For each inspection conducted in information listed in paragraphs
accordance with the provisions of (h)(2)(i)(A) through (C) of this section
§ 63.172(f)(1) or (f)(2) during which leaks for each process subject to the require-
were detected, the information speci- ments of paragraphs (b) through (g) of
fied in paragraph (g)(4) of this section this section.
shall be recorded. (A) Process group identification.
(8) Records for components in heavy liq- (B) Number of each equipment type
uid service. Information, data, and anal- (e.g., valves, pumps) in organic HAP
ysis used to determine that a piece of service, excluding equipment in vacu-
equipment or process is in heavy liquid um service.
service shall be recorded. Such a deter- (C) Method of compliance with the
mination shall include an analysis or standard (for example, ‘‘monthly leak
demonstration that the process fluids detection and repair’’ or ‘‘equipped
do not meet the criteria of ‘‘in light with dual mechanical seals’’).
liquid or gas service.’’ Examples of in- (ii) The notification shall provide the
formation that could document this in- information listed in paragraphs
clude, but are not limited to, records of (h)(2)(ii)(A) and (B) of this section for
chemicals purchased for the process, each process subject to the require-
analyses of process stream composi- ments of paragraph (b)(4)(iv) of this
tion, engineering calculations, or proc- section and § 63.178(b).
ess knowledge. (A) Products or product codes subject
(9) Records of exempt components. Iden- to the provisions of this section, and
tification, either by list, location (area (B) Planned schedule for pressure
or group) of equipment in organic HAP testing when equipment is configured
153
§ 63.1255 40 CFR Ch. I (7–1–16 Edition)
for production of products subject to repaired as required in paragraph (c)(3)

the provisions of this section. of this section;
(iii) The notification shall provide (E) The number of compressors for
the information listed in paragraphs which leaks were detected as described
(h)(2)(iii)(A) and (B) of this section for in § 63.164(f);
each process subject to the require- (F) The number of compressors for
ments in § 63.179. which leaks were not repaired as re-
(A) Process identification. quired in § 63.164(g);
(B) A description of the system used (G) The number of connectors for
to create a negative pressure in the en- which leaks were detected as described
closure and the control device used to in § 63.174(a), the percent of connectors
comply with the requirements of para- leaking, and the total number of con-
graph (b)(4)(ii) of this section. nectors monitored;
(H) The number of connectors for
(iv) Section 63.9(j) shall not apply to
which leaks were not repaired as re-
the Notification of Compliance Status
quired in § 63.174(d), identifying the
report described in this paragraph
number of those that are determined
(h)(2).
nonrepairable;
(3) Periodic reports. The owner or op- (I) The facts that explain any delay
erator of a source subject to this sec- of repairs and, where appropriate, why
tion shall submit Periodic Reports. a process shutdown was technically in-
(i) A report containing the informa- feasible.
tion in paragraphs (h)(3)(ii), (iii), and (J) The results of all monitoring to
(iv) of this section shall be submitted show compliance with §§ 63.164(i),
semiannually. The first report shall be 63.165(a), and 63.172(f) conducted within
submitted no later than 240 days after the semiannual reporting period.
the Notification of Compliance Status (K) If applicable, the initiation of a
Report is due and shall cover the 6- monthly monitoring program under ei-
month period beginning on the date the ther paragraph (c)(4)(ii) or paragraph
Notification of Compliance Status Re- (e)(4)(i) of this section.
port is due. Each subsequent report (L) If applicable, notification of a
shall cover the 6-month period fol- change in connector monitoring alter-
lowing the preceding period. natives as described in § 63.174(c)(1).
(ii) For equipment complying with (iii) For owners or operators electing
the provisions of paragraphs (b) to meet the requirements of § 63.178(b),
through (g) of this section, except para- the report shall include the informa-
graph (b)(4)(iv) of this section and tion listed in paragraphs (h)(3)(iii)(A)
§ 63.179, the summary information list- through (E) of this paragraph for each
ed in paragraphs (h)(3)(ii)(A) through process.
(L) of this section for each monitoring (A) Product process equipment train
period during the 6-month period. identification;
(A) The number of valves for which (B) The number of pressure tests con-
leaks were detected as described in ducted;
paragraph (e)(3) of this section, the per- (C) The number of pressure tests
cent leakers, and the total number of where the equipment train failed either
valves monitored; the retest or two consecutive pressure
(B) The number of valves for which tests;
leaks were not repaired as required in (D) The facts that explain any delay
paragraph (e)(7) of this section, identi- of repairs; and
fying the number of those that are de- (E) The results of all monitoring to
termined nonrepairable; determine compliance with § 63.172(f) of
(C) Separately, the number of pumps subpart H.
and agitators for which leaks were de- (iv) Any revisions to items reported
tected as described in paragraph (c)(2) in earlier Notification of Compliance
of this section, the total number of Status report, if the method of compli-
pumps and agitators monitored, and, ance has changed since the last report.
for pumps, the percent leakers; [63 FR 50326, Sept. 21, 1998, as amended at 65
(D) Separately, the number of pumps FR 52603, Aug. 29, 2000; 66 FR 40132, Aug. 2,
and agitators for which leaks were not 2001; 76 FR 22600, Apr. 21, 2011]
154
§ 63.1256 Standards: Wastewater. soluble HAP load in all wastewater

(a) General. Each owner or operator from the PMPU exceeds 0.25 Mg/yr.
of any affected source (existing or new) (C) The wastewater stream contains
shall comply with the general waste- partially soluble and/or soluble HAP at
water requirements in paragraphs (a)(1) an annual average concentration of
through (3) of this section and the greater than 10,000 ppmw, and the total
maintenance wastewater provisions in partially soluble and/or soluble HAP
paragraph (a)(4) of this section. An load in all wastewater from the af-
owner or operator may transfer waste- fected source is greater than 1 Mg/yr.
water to a treatment operation not (D) The wastewater stream contains
owned by the owner or operator in ac- soluble HAP compounds at an annual
cordance with paragraph (a)(5) of this average concentration greater than
section. 110,000 ppmw, and the total soluble and
(1) Identify wastewater that requires partially soluble HAP load in all waste-
control. For each POD, the owner or op- water from the PMPU exceeds 1 Mg/yr.
erator shall comply with the require- (ii) Designate wastewater as affected
ments in either paragraph (a)(1)(i) or wastewater. For existing sources, the
(ii) of this section to determine wheth- owner or operator may elect to des-
er a wastewater stream is an affected ignate wastewater streams as meeting
wastewater stream that requires con- the criteria of either paragraphs
trol for soluble and/or partially soluble (a)(1)(i)(A),(B), or (C) of this section.
HAP compounds or to designate the For new sources, the owner or operator
wastewater stream as an affected may elect to designate wastewater
wastewater stream, respectively. The streams meeting the criterion in para-
owner or operator may use a combina- graph (a)(1)(i)(D) or for wastewater
tion of the approaches in paragraphs known to contain no soluble HAP, as
(a)(1)(i) and (ii) of this section for dif- meeting the criterion in paragraph
ferent affected wastewater generated (a)(1)(i)(A) of this section. For des-
at the source. ignated wastewater the procedures
(i) Determine characteristics of a waste-
specified in paragraphs (a)(1)(ii)(A) and
water stream. At new and existing
(B) of this section shall be followed, ex-
sources, a wastewater stream is an af-
cept as specified in paragraphs (g)(8)(i),
fected wastewater stream if the annual
(g)(9)(i), and (g)(10) of this section. The
average concentration and annual load
owner or operator is not required to de-
exceed any of the criteria specified in
paragraph (a)(1)(i)(A) through (C) of termine the annual average concentra-
this section. At new sources, a waste- tion or load for each designated waste-
water stream is subject to additional water stream for the purposes of this
control requirements if the annual av- section.
erage concentration and annual load (A) From the POD for the wastewater
exceed the criteria specified in para- stream that is designated as an af-
graphs (a)(1)(i)(D) of this section. The fected wastewater stream to the loca-
owner or operator shall comply with tion where the owner or operator elects
the provisions of § 63.1257(e)(1) to deter- to designate such wastewater stream
mine the annual average concentra- as an affected wastewater stream, the
tions and annual load of partially solu- owner or operator shall comply with
ble and soluble HAP compounds. all applicable emission suppression re-
(A) The wastewater stream contains quirements specified in paragraphs (b)
partially soluble HAP compounds at an through (f) of this section.
annual average concentration greater (B) From the location where the
than 1,300 ppmw, and the total soluble owner or operator designates a waste-
and partially soluble HAP load in all water stream as an affected wastewater
wastewater from the PMPU exceeds stream, such wastewater stream shall
0.25 Mg/yr. be managed in accordance with all ap-
(B) The wastewater stream contains plicable emission suppression require-
partially soluble and/or soluble HAP ments specified in paragraphs (b)
compounds at an annual average con- through (f) of this section and with the
centration greater than 5,200 ppmw, treatment requirements in paragraph
and the total soluble and partially (g) of this section.
155
§ 63.1256 40 CFR Ch. I (7–1–16 Edition)
(iii) Scrubber effluent. Effluent from a which are not shutdowns (i.e., routine
water scrubber that has been used to maintenance). The descriptions shall
control Table 2 HAP-containing vent be included in a document that is
streams that are controlled in order to maintained at the plant site and shall:
meet the process vent requirements in (A) Specify the process equipment or
§ 63.1254 of this subpart is considered an maintenance tasks that are anticipated
affected wastewater stream. to create wastewater during mainte-
(2) Requirements for affected waste- nance activities; and
water. (i) An owner or operator of a fa- (B) Specify the procedures that will
cility shall comply with the applicable be followed to properly manage the
requirements for wastewater tanks, wastewater and minimize organic HAP
surface impoundments, containers, in- emissions to the atmosphere; and
dividual drain systems, and oil/water (C) Specify the procedures to be fol-
separators as specified in paragraphs lowed when clearing materials from
(b) through (f) of this section, except as process equipment.
provided in paragraph (g)(3) of this sec-
(ii) The owner or operator shall mod-
tion.
ify and update the information re-
(ii) Comply with the applicable re-
quired by paragraph (a)(4)(i) of this sec-
quirements for control of soluble and
tion as needed following each mainte-
partially soluble compounds as speci-
nance procedure based on the actions
fied in paragraph (g) of this section. Al-
taken and the wastewater generated in
ternatively, the owner or operator may
the preceding maintenance procedure.
elect to comply with the treatment
provisions specified in paragraph (a)(5) (5) Offsite treatment or onsite treatment
of this section. not owned or operated by the source. The
(iii) Comply with the applicable mon- owner or operator may elect to trans-
itoring and inspection requirements fer affected wastewater streams or a
specified in § 63.1258. residual removed from such affected
(iv) Comply with the applicable rec- wastewater to an onsite treatment op-
ordkeeping and reporting requirements eration not owned or operated by the
specified in §§ 63.1259 and 63.1260. owner or operator of the source gener-
(3) Requirements for multiphase dis- ating the wastewater or residual, or to
charges. The owner or operator shall an offsite treatment operation.
not discharge a separate phase that can (i) The owner or operator transfer-
be isolated through gravity separation ring the wastewater or residual shall:
from the aqueous phase to a waste (A) Comply with the provisions speci-
management or treatment unit, unless fied in paragraphs (b) through (f) of
the stream is discharged to a treat- this section for each waste manage-
ment unit in compliance with para- ment unit that receives or manages af-
graph (g)(13) of this section. fected wastewater or a residual re-
(4) Maintenance wastewater require- moved from affected wastewater prior
ments. Each owner or operator of a to shipment or transport.
source subject to this subpart shall (B) Include a notice with each ship-
comply with the requirements of para- ment or transport of affected waste-
graphs (a)(4)(i) through (iv) of this sec- water or residual removed from af-
tion for maintenance wastewater con- fected wastewater. The notice shall
taining partially soluble or soluble state that the affected wastewater or
HAP listed in Tables 2 and 3 of this residual contains organic HAP that are
subpart. Maintenance wastewater is ex- to be treated in accordance with the
empt from all other provisions of this provisions of this subpart. When the
subpart. transport is continuous or ongoing (for
(i) The owner or operator shall pre- example, discharge to a publicly-owned
pare a description of maintenance pro- treatment works), the notice shall be
cedures for management of wastewater submitted to the treatment operator
generated from the emptying and purg- initially and whenever there is a
ing of equipment in the process during change in the required treatment. The
temporary shutdowns for inspections, owner or operator shall keep a record

maintenance, and repair (i.e., a mainte- of the notice in accordance with
nance turnaround) and during periods § 63.1259(g).
156
(ii) The owner or operator may not not transfer the wastewater stream or
transfer the affected wastewater or re- residual to the treatment operation.
sidual unless the transferee has sub- (iv) By providing this written certifi-
mitted to the EPA a written certification to the EPA, the certifying enti-
cation that the transferee will manage ty accepts responsibility for compli-
and treat any affected wastewater or ance with the regulatory provisions
residual removed from affected waste- listed in paragraph (a)(5)(ii) of this sec-
water received from a source subject to tion with respect to any shipment of
the requirements of this subpart in ac- wastewater or residual covered by the
cordance with the requirements of ei- written certification. Failure to abide
ther: by any of those provisions with respect
(A) Paragraphs (b) through (i) of this to such shipments may result in en-
section; or forcement action by the EPA against
(B) Subpart D of this part if alter- the certifying entity in accordance
native emission limitations have been with the enforcement provisions appli-
granted the transferor in accordance cable to violations of these provisions
with those provisions; or by owners or operators of sources.
(C) Section 63.6(g); or (v) Written certifications and revoca-
(D) If the affected wastewater tion statements, to the EPA from the
streams or residuals removed from af- transferees of wastewater or residuals
fected wastewater streams received by shall be signed by the responsible offi-
the transferee contain less than 50 cial of the certifying entity, provide
ppmw of partially soluble HAP, then the name and address of the certifying
the transferee must, at a minimum, entity, and be sent to the appropriate
manage and treat the affected waste- EPA Regional Office at the addresses
water streams and residuals in accord- listed in § 63.13. Such written certifi-
ance with one of the following: cations are not transferable by the
(1) Comply with paragraph (g)(10) of treater.
this section and cover the waste man- (b) Wastewater tanks. For each waste-
agement units up to the activated water tank that receives, manages, or
sludge unit; or treats affected wastewater or a resid-
(2) Comply with paragraphs (g)(11)(i), ual removed from affected wastewater,
(ii), and (h) of this section and cover the owner or operator shall comply
the waste management units up to the with the requirements of either para-
activated sludge unit; or graph (b)(1) or (2) of this section as
(3) Comply with paragraph (g)(10) of specified in Table 6 of this subpart.
this section provided that the owner or (1) The owner or operator shall oper-
operator of the affected source dem- ate and maintain a fixed roof except
onstrates that less than 5 percent of when the contents of the wastewater
the total soluble HAP is emitted from tank are heated, treated by means of
waste management units up to the ac- an exothermic reaction, or sparged,
tivated sludge unit; or during which time the owner or oper-
(4) Comply with paragraphs (g)(11)(i), ator shall comply with the require-
(ii), and (h) of this section provided ments specified in paragraph (b)(2) of
that the owner or operator of the af- this section. For the purposes of this
fected source demonstrates that less paragraph, the requirements of para-
than 5 percent of the total soluble HAP graph (b)(2) of this section are satisfied
is emitted from waste management by operating and maintaining a fixed
units up to the activated sludge unit. roof if the owner or operator dem-
(iii) The certifying entity may re- onstrates that the total soluble and
voke the written certification by send- partially soluble HAP emissions from
ing a written statement to the EPA the wastewater tank are no more than
and the owner or operator giving at 5 percent higher than the emissions
least 90 days notice that the certifying would be if the contents of the waste-
entity is rescinding acceptance of re- water tank were not heated, treated by
sponsibility for compliance with the an exothermic reaction, or sparged.
regulatory provisions listed in this (2) The owner or operator shall com-
paragraph. Upon expiration of the no- ply with the requirements in para-
tice period, the owner or operator may graphs (b)(3) through (9) of this section
157
§ 63.1256 40 CFR Ch. I (7–1–16 Edition)
and shall operate and maintain one of sure, the owner or operator is not re-
the emission control techniques listed quired to comply with the require-
in paragraphs (b)(2)(i) through (iii) of ments specified in § 63.1258(h).
this section. (4) If the owner or operator elects to
(i) A fixed roof and a closed-vent sys- comply with the requirements of para-
tem that routes the organic HAP va- graph (b)(2)(ii) of this section, the
pors vented from the wastewater tank floating roof shall be inspected accord-
to a control device; or ing to the procedures specified in
(ii) A fixed roof and an internal float- § 63.120(a)(2) and (3), with the dif-
ing roof that meets the requirements ferences noted in § 63.1257(c)(3)(iv) for
specified in § 63.119(b), with the dif- the purposes of this subpart.
ferences noted in § 63.1257(c)(3)(i) (5) Except as provided in paragraph
through (iii) for the purposes of this (b)(6) of this section, if the owner or op-
subpart; or erator elects to comply with the re-
(iii) An external floating roof that quirements of paragraph (b)(2)(iii) of
meets the requirements specified in this section, seal gaps shall be meas-
§§ 63.119(c), 63.120(b)(5), and 63.120(b)(6), ured according to the procedures speci-
with the differences noted in fied in § 63.120(b)(2)(i) through (b)(4) and
§ 63.1257(c)(3)(i) through (v) for the pur- the wastewater tank shall be inspected
poses of this subpart. to determine compliance with
(3) If the owner or operator elects to § 63.120(b)(5) and (6) according to the
comply with the requirements of para- schedule specified in § 63.120(b)(1)(i)
graph (b)(2)(i) of this section, the fixed through (iii).
roof shall meet the requirements of (6) If the owner or operator deter-
paragraph (b)(3)(i) of this section, the mines that it is unsafe to perform the
control device shall meet the require- seal gap measurements specified in
ments of paragraph (b)(3)(ii) of this sec- § 63.120(b)(2)(i) through (b)(4) or to in-
tion, and the closed-vent system shall spect the wastewater tank to deter-
meet the requirements of paragraph mine compliance with § 63.120(b)(5) and
(b)(3)(iii) of this section. (6) because the floating roof appears to
(i) The fixed roof shall meet the fol- be structurally unsound and poses an
lowing requirements: imminent or potential danger to in-
(A) Except as provided in paragraph specting personnel, the owner or oper-
(b)(3)(iv) of this section, the fixed roof ator shall comply with the require-
and all openings (e.g., access hatches, ments in either paragraph (b)(6)(i) or
sampling ports, and gauge wells) shall (ii) of this section.
be maintained in accordance with the (i) The owner or operator shall meas-
requirements specified in § 63.1258(h). ure the seal gaps or inspect the waste-
(B) Each opening shall be maintained water tank within 30 calendar days of
in a closed position (e.g., covered by a the determination that the floating
lid) at all times that the wastewater roof is unsafe.
tank contains affected wastewater or (ii) The owner or operator shall
residual removed from affected waste- empty and remove the wastewater
water except when it is necessary to tank from service within 45 calendar
use the opening for wastewater sam- days of determining that the roof is un-
pling, removal, or for equipment in- safe. If the wastewater tank cannot be
spection, maintenance, or repair. emptied within 45 calendar days, the
(ii) The control device shall be de- owner or operator may utilize up to
signed, operated, and inspected in ac- two extensions of up to 30 additional
cordance with the requirements of calendar days each. Documentation of
paragraph (h) of this section. a decision to utilize an extension shall
(iii) Except as provided in paragraph include an explanation of why it was
(b)(3)(iv) of this section, the closed- unsafe to perform the inspection or
vent system shall be inspected in ac- seal gap measurement, shall document
cordance with the requirements of that alternate storage capacity is un-
§ 63.1258(h). available, and shall specify a schedule
(iv) For any fixed roof tank and of actions that will ensure that the
closed-vent system that is operated wastewater tank will be emptied as
and maintained under negative pres- soon as possible.
158
(7) Except as provided in paragraph vertical distance of 61 centimeters

(b)(6) of this section, each wastewater above the surface of the stored liquid.
tank shall be inspected initially, and (I) A gasket, joint, lid, cover, or door
semiannually thereafter, for improper has a crack or gap, or is broken.
work practices in accordance with (ii) The owner or operator shall in-
§ 63.1258(g). For wastewater tanks, im- spect for the control equipment fail-
proper work practice includes, but is ures in paragraphs (b)(8)(i)(A) through
not limited to, leaving open any access (H) according to the schedule specified
door or other opening when such door in paragraphs (b)(4) and (5) of this sec-
or opening is not in use. tion.
(8) Except as provided in paragraph (iii) The owner or operator shall in-
(b)(6) of this section, each wastewater spect for the control equipment fail-
tank shall be inspected for control ures in paragraph (b)(8)(i)(I) of this sec-
equipment failures as defined in para- tion initially, and semiannually there-
graph (b)(8)(i) of this section according after.
to the schedule in paragraphs (b)(8)(ii) (9) Except as provided in paragraph
and (iii) of this section in accordance (i) of this section, when an improper
with § 63.1258(g). work practice or a control equipment
(i) Control equipment failures for failure is identified, first efforts at re-
wastewater tanks include, but are not pair shall be made no later than 5 cal-
limited to, the conditions specified in endar days after identification and re-
paragraphs (b)(8)(i)(A) through (I) of pair shall be completed within 45 cal-
this section. endar days after identification. If a
(A) The floating roof is not resting on failure that is detected during inspec-
either the surface of the liquid or on tions required by this section cannot
the leg supports. be repaired within 45 calendar days and
if the tank cannot be emptied within 45
(B) There is stored liquid on the
calendar days, the owner or operator
floating roof.
may utilize up to two extensions of up
(C) A rim seal is detached from the to 30 additional calendar days each.
floating roof. Documentation of a decision to utilize
(D) There are holes, tears, cracks or an extension shall include a description
gaps in the rim seal or seal fabric of of the failure, shall document that al-
the floating roof. ternate storage capacity is unavail-
(E) There are visible gaps between able, and shall specify a schedule of ac-
the seal of an internal floating roof and tions that will ensure that the control
the wall of the wastewater tank. equipment will be repaired or the tank
(F) There are gaps between the me- will be emptied as soon as practical.
tallic shoe seal or the liquid mounted (10) The emission limits specified in
primary seal of an external floating § 63.1256 (b)(2) and (h) for control de-
roof and the wall of the wastewater vices used to control emissions from
tank that exceed 212 square centi- wastewater tanks do not apply during
meters per meter of tank diameter or periods of planned routine mainte-
the width of any portion of any gap be- nance of the control device(s) of no
tween the primary seal and the tank more than 240 hours in any 365-day pe-
wall exceeds 3.81 centimeters. riod. The owner or operator may sub-
(G) There are gaps between the sec- mit an application to the Adminis-
ondary seal of an external floating roof trator requesting an extension of this
and the wall of the wastewater tank time limit to a total of 360 hours in any
that exceed 21.2 square centimeters per 365-day period. The application must
meter of tank diameter or the width of explain why the extension is needed, it
any portion of any gap between the must specify that no affected waste-
secondary seal and the tank wall ex- water will be added to the tank be-
ceeds 1.27 centimeters. tween the time the 240-hour limit is ex-
(H) Where a metallic shoe seal is used ceeded and the control device is again
on an external floating roof, one end of operational, and it must be submitted
the metallic shoe does not extend into at least 60 days before the 240-hour
the stored liquid or one end of the me- limit will be exceeded. Wastewater
tallic shoe does not extend a minimum tanks shall not be sparged with air or
159
§ 63.1256 40 CFR Ch. I (7–1–16 Edition)
other gases without an operational (1) High density polyethylene (HDPE)

control device. with a thickness no less than 2.5 milli-
(c) Surface impoundments. For each meters (100 mils); or
surface impoundment that receives, (2) A material or a composite of dif-
manages, or treats affected wastewater ferent materials determined to have
or a residual removed from affected both organic permeability properties
wastewater, the owner or operator that are equivalent to those of the ma-
shall comply with the requirements of terial listed in paragraph (c)(1)(ii)(B)(1)
paragraphs (c)(1), (2), and (3) of this of this section, and chemical and phys-
section. ical properties that maintain the mate-
(1) The owner or operator shall oper- rial integrity for the intended service
ate and maintain on each surface im- life of the material.
poundment either a cover (e.g., air-sup- (C) The cover shall be installed in a
ported structure or rigid cover) and a manner such that there are no visible
closed-vent system that routes the or- cracks, holes, gaps, or other open
ganic hazardous air pollutants vapors spaces between cover section seams or
vented from the surface impoundment between the interface of the cover edge
to a control device in accordance with and its foundation mountings.
paragraphs (c)(1)(i), (iii), (iv), and (v) of (D) Except as provided for in para-
this section, or a floating flexible graph (c)(1)(ii)(E) of this section, each
membrane cover as specified in para- opening in the floating membrane
graph (c)(1)(ii) of this section. cover shall be equipped with a closure
(i) The cover and all openings shall device designed to operate such that
meet the following requirements: when the closure device is secured in
(A) Except as provided in paragraph the closed position there are no visible
(c)(1)(v) of this section, the cover and cracks, holes, gaps, or other open
all openings (e.g., access hatches, sam- spaces in the closure device or between
pling ports, and gauge wells) shall be the perimeter of the cover opening and
maintained in accordance with the re- the closure device.
quirements specified in § 63.1258(h). (E) The floating membrane cover
(B) Each opening shall be maintained may be equipped with one or more
in a closed position (e.g., covered by a emergency cover drains for removal of
lid) at all times that affected waste- stormwater. Each emergency cover
water or residual removed from af- drain shall be equipped with a slotted
fected wastewater is in the surface im- membrane fabric cover that covers at
poundment except when it is necessary least 90 percent of the area of the open-
to use the opening for sampling, re- ing or a flexible fabric sleeve seal.
moval, or for equipment inspection, (F) The closure devices shall be made
maintenance, or repair. of suitable materials that will mini-
(C) The cover shall be used at all mize exposure of organic HAP to the
times that affected wastewater or re- atmosphere, to the extent practical,
sidual removed from affected waste- and will maintain the integrity of the
water is in the surface impoundment equipment throughout its intended
except during removal of treatment re- service life. Factors to be considered in
siduals in accordance with 40 CFR 268.4 designing the closure devices shall in-
or closure of the surface impoundment clude: the effects of any contact with
in accordance with 40 CFR 264.228. the liquid and its vapor managed in the
(ii) Floating flexible membrane cov- surface impoundment; the effects of
ers shall meet the requirements speci- outdoor exposure to wind, moisture,
fied in paragraphs (c)(1)(ii)(A) through and sunlight; and the operating prac-
(F) of this section. tices used for the surface impoundment
(A) The floating flexible cover shall on which the floating membrane cover
be designed to float on the liquid sur- is installed.
face during normal operations, and to (G) Whenever affected wastewater or
form a continuous barrier over the en- residual from affected wastewater is in
tire surface area of the liquid. the surface impoundment, the floating
(B) The cover shall be fabricated membrane cover shall float on the liq-
from a synthetic membrane material uid and each closure device shall be se-
that is either: cured in the closed position. Opening of
160
closure devices or removal of the cover cordance with the following require-
is allowed to provide access to the sur- ments:
face impoundment for performing rou- (i) Except as provided in paragraph
tine inspection, maintenance, or other (d)(3)(iv) of this section, if the capacity
activities needed for normal operations of the container is greater than 0.42 m3,
and/or to remove accumulated sludge the cover and all openings (e.g., bungs,
or other residues from the bottom of hatches, sampling points, and pressure
surface impoundment. Openings shall relief valves) shall be controlled in ac-
be maintained in accordance with cordance with the requirements of ei-
§ 63.1258(h). ther paragraph (d)(1)(i)(A) or (d)(1)(i)(B)
(iii) The control device shall be de- of this section.
signed, operated, and inspected in ac- (A) The requirements specified in
cordance with paragraph (h) of this sec- § 63.1258(h); or
tion. (B) The requirements of subpart PP
(iv) Except as provided in paragraph of this part for containers using level 2
(c)(1)(v) of this section, the closed-vent controls that meet the definitions in
system shall be inspected in accord- § 63.923(b)(1) or (2).
ance with § 63.1258(h). (ii) If the capacity of the container is
(v) For any cover and closed-vent less than or equal to 0.42 m3, the owner
system that is operated and main- or operator shall comply with either
tained under negative pressure, the paragraph (d)(1)(ii)(A) or (B) of this
owner or operator is not required to section.
comply with the requirements specified (A) The container must meet existing
in § 63.1258(h). Department of Transportation speci-
(2) Each surface impoundment shall fications and testing requirements
be inspected initially, and semiannu- under 49 CFR part 178; or
ally thereafter, for improper work (B) Except as provided in paragraph
practices and control equipment fail- (d)(3)(iv) of this section, the cover and
ures in accordance with § 63.1258(g). all openings shall be maintained with-
(i) For surface impoundments, im- out leaks as specified in § 63.1258(h).
proper work practice includes, but is (iii) The cover and all openings shall
not limited to, leaving open any access be maintained in a closed position
hatch or other opening when such (e.g., covered by a lid) at all times that
hatch or opening is not in use. affected wastewater or a residual re-
(ii) For surface impoundments, con- moved from affected wastewater is in
trol equipment failure includes, but is the container except when it is nec-
not limited to, any time a joint, lid, essary to use the opening for filling, re-
cover, or door has a crack or gap, or is moval, inspection, sampling, or pres-
broken. sure relief events related to safety con-
(3) Except as provided in paragraph siderations.
(i) of this section, when an improper (2) Filling of large containers. Pumping
work practice or a control equipment affected wastewater or a residual re-
failure is identified, first efforts at removed from affected wastewater into a
pair shall be made no later than 5 cal- container with a capacity greater than
endar days after identification and re- or equal to 0.42 m3 shall be conducted
pair shall be completed within 45 cal- in accordance with the conditions in
endar days after identification. paragraphs (d)(2)(i) and (ii) of this sec-
(d) Containers. For each container tion.
that receives, manages, or treats af- (i) Comply with any one of the proce-
fected wastewater or a residual re- dures specified in paragraph
moved from affected wastewater, the (d)(2)(i)(A), (B), or (C) of this section.
owner or operator shall comply with (A) Use a submerged fill pipe. The
the requirements of paragraphs (d)(1) submerged fill pipe outlet shall extend
through (5) of this section. to no more than 6 inches or within two
(1) The owner or operator shall oper- fill pipe diameters of the bottom of the
ate and maintain a cover on each con- container while the container is being
tainer used to handle, transfer, or store filled.

affected wastewater or a residual re- (B) Locate the container within an
moved from affected wastewater in ac- enclosure with a closed-vent system
161
§ 63.1256 40 CFR Ch. I (7–1–16 Edition)
that routes the organic HAP vapors (5) Except as provided in paragraph
vented from the container to a control (i) of this section, when an improper
device. work practice or a control equipment
(C) Use a closed-vent system to vent failure is identified, first efforts at re-
the displaced organic vapors vented pair shall be made no later than 5 cal-
from the container to a control device endar days after identification and re-
or back to the equipment from which pair shall be completed within 15 cal-
the wastewater is transferred. endar days after identification.
(ii) The cover shall remain in place (e) Individual drain systems. For each
and all openings shall be maintained in individual drain system that receives
a closed position except for those open- or manages affected wastewater or a
ings required for the submerged fill residual removed from affected waste-
pipe and for venting of the container to water, the owner or operator shall
prevent physical damage or permanent comply with the requirements of para-
deformation of the container or cover. graphs (e) (1), (2), and (3) or with para-
(3) During treatment of affected graphs (e) (4), (5), and (6) of this sec-
wastewater or a residual removed from tion.
affected wastewater, including aer- (1) If the owner or operator elects to
ation, thermal or other treatment, in a comply with this paragraph, the owner
container, whenever it is necessary for or operator shall operate and maintain
the container to be open, the container on each opening in the individual drain
shall be located within an enclosure system a cover and if vented, route the
with a closed-vent system that routes vapors to a process or through a closed-
the organic HAP vapors vented from vent system to a control device. The
the container to a control device. owner or operator shall comply with
(i) Except as provided in paragraph the requirements of paragraphs (e)(1)
(d)(3)(iv) of this section, the enclosure (i) through (v) of this section.
and all openings (e.g., doors, hatches)
(i) The cover and all openings shall
shall be maintained in accordance with
meet the following requirements:
the requirements specified in
§ 63.1258(h). (A) Except as provided in paragraph
(ii) The control device shall be de- (e)(1)(iv) of this section, the cover and
signed, operated, and inspected in ac- all openings (e.g., access hatches, sam-
cordance with paragraph (h) of this sec- pling ports) shall be maintained in ac-
tion. cordance with the requirements speci-
(iii) Except as provided in paragraph fied in § 63.1258(h).
(d)(3)(iv) of this section, the closed- (B) The cover and all openings shall
vent system shall be inspected in ac- be maintained in a closed position at
cordance with § 63.1258(h). all times that affected wastewater or a
(iv) For any enclosure and closed- residual removed from affected waste-
vent system that is operated and main- water is in the drain system except
tained under negative pressure, the when it is necessary to use the opening
owner or operator is not required to for sampling or removal, or for equip-
comply with the requirements specified ment inspection, maintenance, or re-
in § 63.1258(h). pair.
(4) Each container shall be inspected (ii) The control device shall be de-
initially, and semiannually thereafter, signed, operated, and inspected in ac-
for improper work practices and con- cordance with paragraph (h) of this sec-
trol equipment failures in accordance tion.
with § 63.1258(g). (iii) Except as provided in paragraph
(i) For containers, improper work (e)(1)(iv) of this section, the closed-
practice includes, but is not limited to, vent system shall be inspected in ac-
leaving open any access hatch or other cordance with § 63.1258(h).
opening when such hatch or opening is (iv) For any cover and closed-vent
not in use. system that is operated and main-
(ii) For containers, control equip- tained under negative pressure, the
ment failure includes, but is not lim- owner or operator is not required to
ited to, any time a cover or door has a comply with the requirements specified
gap or crack, or is broken. in § 63.1258(h).
162
(v) The individual drain system shall open area between the pipe and the
be designed and operated to segregate drain) that encloses the space between
the vapors within the system from the pipe discharging the wastewater to
other drain systems and the atmos- the drain receiving the wastewater.
phere. (Water seals which are used on hubs re-
(2) Each individual drain system ceiving wastewater that is not subject
shall be inspected initially, and semi- to the provisions of this subpart for the
annually thereafter, for improper work purpose of eliminating cross ventila-
practices and control equipment fail- tion to drains carrying affected waste-
ures, in accordance with § 63.1258(g). water are not required to have a flexi-
(i) For individual drain systems, im- ble shield or extended subsurface dis-
proper work practice includes, but is charging pipe.)
not limited to, leaving open any access
(ii) Each junction box shall be
hatch or other opening when such
equipped with a tightly fitting solid
hatch or opening is not in use for sam-
cover (i.e., no visible gaps, cracks, or
pling or removal, or for equipment in-
holes) which shall be kept in place at
spection, maintenance, or repair.
(ii) For individual drain systems, all times except during inspection and
control equipment failure includes, but maintenance. If the junction box is
is not limited to, any time a joint, lid, vented, the owner or operator shall
cover, or door has a gap or crack, or is comply with the requirements in para-
broken. graph (e)(4)(ii) (A) or (B) of this sec-
(3) Except as provided in paragraph tion.
(i) of this section, when an improper (A) The junction box shall be vented
work practice or a control equipment to a process or through a closed-vent
failure is identified, first efforts at re- system to a control device. The closed-
pair shall be made no later than 5 cal- vent system shall be inspected in ac-
endar days after identification and re- cordance with the requirements of
pair shall be completed within 15 cal- § 63.1258(h) and the control device shall
endar days after identification. be designed, operated, and inspected in
(4) If the owner or operator elects to accordance with the requirements of
comply with this paragraph, the owner paragraph (h) of this section.
or operator shall comply with the re- (B) If the junction box is filled and
quirements in paragraphs (e)(4) (i) emptied by gravity flow (i.e., there is
through (iii) of this section: no pump) or is operated with no more
(i) Each drain shall be equipped with than slight fluctuations in the liquid
water seal controls or a tightly fitting level, the owner or operator may vent
cap or plug. The owner or operator the junction box to the atmosphere
shall comply with paragraphs provided that the junction box com-
(e)(4)(i)(A) and (B) of this section. plies with the requirements in para-
(A) For each drain equipped with a
graphs (e)(4)(ii)(B) (1) and (2) of this
water seal, the owner or operator shall
section.
ensure that the water seal is main-
tained. For example, a flow-monitoring (1) The vent pipe shall be at least 90
device indicating positive flow from a centimeters in length and no greater
main to a branch water line supplying than 10.2 centimeters in nominal inside
a trap or water being continuously diameter.
dripped into the trap by a hose could be (2) Water seals shall be installed and
used to verify flow of water to the trap. maintained at the wastewater en-
Visual observation is also an accept- trance(s) to or exit from the junction
able alternative. box restricting ventilation in the indi-
(B) If a water seal is used on a drain vidual drain system and between com-
receiving affected wastewater, the ponents in the individual drain system.
owner or operator shall either extend The owner or operator shall dem-
the pipe discharging the wastewater onstrate (e.g., by visual inspection or
below the liquid surface in the water smoke test) upon request by the Ad-
seal of the receiving drain, or install a ministrator that the junction box
flexible shield (or other enclosure water seal is properly designed and re-
which restricts wind motion across the stricts ventilation.
163
§ 63.1256 40 CFR Ch. I (7–1–16 Edition)
(iii) The owner or operator shall op- (i) A fixed roof and a closed-vent sys-
erate and maintain sewer lines as spec- tem that routes the organic HAP va-
ified in paragraphs (e)(4)(iii)(A) and (B) pors vented from the oil-water sepa-
of this section. rator to a control device. The fixed
(A) Except as specified in paragraph roof, closed-vent system, and control
(e)(4)(iii)(B) of this section, each sewer device shall meet the requirements
line shall not be open to the atmos- specified in paragraph (f)(2) of this sec-
phere and shall be covered or enclosed tion;
in a manner so as to have no visible (ii) A floating roof that meets the re-
gaps or cracks in joints, seals, or other quirements in 40 CFR 60.693–2(a)(1)(i),
emission interfaces. (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For
NOTE: This provision applies to sewers lo- portions of the oil-water separator
cated inside and outside of buildings. where it is infeasible to construct and
(B) A sewer line connected to drains operate a floating roof, such as over
that are in compliance with paragraph the weir mechanism, the owner or op-
(e)(4)(i) of this section may be vented erator shall operate and maintain a
to the atmosphere, provided that the fixed roof, closed-vent system, and con-
sewer line entrance to the first down- trol device that meet the requirements
stream junction box is water sealed specified in paragraph (f)(2) of this sec-
and the sewer line vent pipe is designed tion.
as specified in paragraph (e)(4)(ii)(B)(1) (2) A fixed roof shall meet the re-
of this section. quirements of paragraph (f)(2)(i) of this
(5) Equipment used to comply with section, a control device shall meet the
paragraphs (e)(4) (i), (ii), or (iii) of this requirements of paragraph (f)(2)(ii) of
section shall be inspected as follows: this section, and a closed-vent system
(i) Each drain using a tightly fitting shall meet the requirements of
cap or plug shall be visually inspected (f)(2)(iii) of this section.
initially, and semiannually thereafter, (i) The fixed roof shall meet the fol-
to ensure caps or plugs are in place and lowing requirements:
that there are no gaps, cracks, or other (A) Except as provided in (f)(2)(iv) of
holes in the cap or plug. this section, the fixed roof and all
(ii) Each junction box shall be vis- openings (e.g., access hatches, sam-
ually inspected initially, and semi- pling ports, and gauge wells) shall be
annually thereafter, to ensure that maintained in accordance with the re-
there are no gaps, cracks, or other quirements specified in § 63.1258(h).
holes in the cover. (B) Each opening shall be maintained
(iii) The unburied portion of each in a closed, sealed position (e.g., cov-
sewer line shall be visually inspected ered by a lid that is gasketed and
initially, and semiannually thereafter, latched) at all times that the oil-water
for indication of cracks or gaps that separator contains affected wastewater
could result in air emissions. or a residual removed from affected
(6) Except as provided in paragraph wastewater except when it is necessary
(i) of this section, when a gap, hole, or to use the opening for sampling or re-
crack is identified in a joint or cover, moval, or for equipment inspection,
first efforts at repair shall be made no maintenance, or repair.
later than 5 calendar days after identi- (ii) The control device shall be de-
fication, and repair shall be completed signed, operated, and inspected in ac-
within 15 calendar days after identi- cordance with the requirements of
fication. paragraph (h) of this section.
(f) Oil-water separators. For each oil- (iii) Except as provided in paragraph
water separator that receives, man- (f)(2)(iv) of this section, the closed-vent
ages, or treats affected wastewater or a system shall be inspected in accord-
residual removed from affected waste- ance with the requirements of
water, the owner or operator shall § 63.1258(h).
comply with the requirements of para- (iv) For any fixed-roof and closed-
graphs (f)(1) through (6) of this section. vent system that is operated and main-
(1) The owner or operator shall maintained under negative pressure, the
tain one of the following: owner or operator is not required to
164
comply with the requirements of tween the primary seal and the sepa-
§ 63.1258(h). rator wall exceeds 3.8 centimeters.
(3) If the owner or operator elects to (F) There are gaps between the sec-
comply with the requirements of para- ondary seal and the separator wall that
graph (f)(1)(ii) of this section, seal gaps exceed 6.7 square centimeters per
shall be measured according to the pro- meter of separator wall perimeter or
cedures specified in 40 CFR part 60, the width of any portion of any gap be-
subpart QQQ § 60.696(d)(1) and the tween the secondary seal and the sepa-
schedule specified in paragraphs rator wall exceeds 1.3 centimeters.
(f)(3)(i) and (ii) of this section. (G) A gasket, joint, lid, cover, or door
(i) Measurement of primary seal gaps has a gap or crack, or is broken.
shall be performed within 60 calendar
(ii) The owner or operator shall in-
days after installation of the floating
roof and introduction of affected waste- spect for the control equipment fail-
water or a residual removed from af- ures in paragraphs (f)(5)(i)(A) through
fected wastewater and once every 5 (F) according to the schedule specified
years thereafter. in paragraph (f)(3) of this section.
(ii) Measurement of secondary seal (iii) The owner or operator shall in-
gaps shall be performed within 60 cal- spect for control equipment failures in
endar days after installation of the paragraph (f)(5)(i)(G) of this section
floating roof and introduction of af- initially, and semiannually thereafter.
fected wastewater or a residual re- (6) Except as provided in paragraph
moved from affected wastewater and (i) of this section, when an improper
once every year thereafter. work practice or a control equipment
(4) Each oil-water separator shall be failure is identified, first efforts at re-
inspected initially, and semiannually pair shall be made no later than 5 cal-
thereafter, for improper work practices endar days after identification and re-
in accordance with § 63.1258(g). For oil- pair shall be completed within 45 cal-
water separators, improper work prac- endar days after identification.
tice includes, but is not limited to, (g) Performance standards for treatment
leaving open or ungasketed any access processes managing wastewater and/or re-
door or other opening when such door siduals removed from wastewater. This
or opening is not in use. section specifies the performance
(5) Each oil-water separator shall be standards for treating affected waste-
inspected for control equipment fail- water. The owner or operator shall
ures as defined in paragraph (f)(5)(i) of
comply with the requirements as speci-
this section according to the schedule
fied in paragraphs (g)(1) through (6) of
specified in paragraphs (f)(5)(ii) and
this section. Where multiple compli-
(iii) of this section.
ance options are provided, the options
(i) For oil-water separators, control
may be used in combination for dif-
equipment failure includes, but is not
limited to, the conditions specified in ferent wastewater and/or for different
paragraphs (f)(5)(i)(A) through (G) of compounds (e.g., soluble versus par-
this section. tially soluble compounds) in the same
(A) The floating roof is not resting on wastewater, except where otherwise
either the surface of the liquid or on provided in this section. Once affected
the leg supports. wastewater or a residual removed from
(B) There is stored liquid on the affected wastewater has been treated in
floating roof. accordance with this subpart, it is no
(C) A rim seal is detached from the longer subject to the requirements of
floating roof. this subpart.
(D) There are holes, tears, or other (1) Existing source. For a wastewater
open spaces in the rim seal or seal fab- stream at an existing source that ex-
ric of the floating roof. ceeds or is designated to exceed the
(E) There are gaps between the pri- concentration and load criteria in
mary seal and the separator wall that paragraph (a)(1)(i)(A) of this section,
exceed 67 square centimeters per meter the owner or operator shall comply
of separator wall perimeter or the with a control option in paragraph
width of any portion of any gap be- (g)(8) of this section. For a wastewater
165
§ 63.1256 40 CFR Ch. I (7–1–16 Edition)
stream at an existing source that ex- this section and using

ceeds the concentration and load cri- § 63.1257(e)(2)(iii)(G) to demonstrate
teria in either paragraph (a)(1)(i)(B) or compliance shall comply with the re-
(C) of this section, the owner or oper- quirements of paragraphs (b) and (c) of
ator shall comply with a control option this section. Waste management units
in paragraph (g)(8) of this section and a upstream of an open or closed biologi-
control option in paragraph (g)(9) of cal treatment process shall meet the
this section. As an alternative to the requirements of paragraphs (b) through
control options in paragraphs (g)(8) and (f) of this section, as applicable.
(g)(9) of this section, the owner or oper- (4) Performance tests and design eval-
ator may comply with a control option uations. If the Resource Conservation
in either paragraph (g)(10), (11) or (13) and Recovery Act (RCRA) option [para-
of this section, as applicable. graph (g)(13) of this section] or the en-
(2) New source. For a wastewater hanced biological treatment process
stream at a new source that exceeds or for soluble HAP compounds option
is designated to exceed the concentra- [paragraph (g)(10) of this section] is se-
tion and load criteria in paragraph lected to comply with this section, nei-
(a)(1)(i)(A) of this section, the owner or ther a design evaluation nor a perform-
operator shall comply with a control ance test is required. For any other
option in paragraph (g)(8) of this sec- nonbiological treatment process, and
tion. For wastewater at a new source for closed biological treatment proc-
that exceeds the concentration and esses as defined in § 63.1251, the owner
load criteria in either paragraph or operator shall conduct either a de-
(a)(1)(i)(B) or (C) of this section, but sign evaluation as specified in
does not exceed the criteria in para- § 63.1257(e)(2)(ii) or performance test as
graph (a)(1)(i)(D) of this section, the specified in § 63.1257(e)(2)(iii). For each
owner or operator shall comply with a open biological treatment process as
control option in paragraph (g)(8) of defined in § 63.1251, the owner or oper-
this section and a control option in ator shall conduct a performance test
paragraph (g)(9) of this section. As an
as specified in § 63.1257(e)(2)(iii)(E) or
alternative to the control options in
(F).
paragraphs (g)(8) and/or (9) of this sec-
(5) Control device requirements. When
tion, the owner or operator may com-
ply with a control option in either gases are vented from the treatment
paragraph (g)(10), (11), or (13) of this process, the owner or operator shall
section, as applicable. For a waste- comply with the applicable control de-
water stream at a new source that ex- vice requirements specified in para-
ceeds or is designated to exceed the graph (h) of this section and
concentration and load criteria in § 63.1257(e)(3), and the applicable leak
paragraph (a)(1)(i)(D) of this section, inspection provisions specified in
the owner or operator shall comply § 63.1258(h). This requirement is in addi-
with a control option in paragraph tion to the requirements for treatment
(g)(12) or (13) of this section. systems specified in paragraphs (g)(8)
(3) Biological treatment processes. Bio- through (14) of this section. This re-
logical treatment processes in compli- quirement does not apply to any open
ance with this section may be either biological treatment process that
open or closed biological treatment meets the mass removal requirements.
processes as defined in § 63.1251. An (6) Residuals: general. When residuals
open biological treatment process in result from treating affected waste-
compliance with this section need not water, the owner or operator shall
be covered and vented to a control de- comply with the requirements for re-
vice. An open or a closed biological siduals specified in paragraph (g)(14) of
treatment process in compliance with this section.
this section and using (7) Treatment using a series of treat-
§ 63.1257(e)(2)(iii)(E) or (F) to dem- ment processes. In all cases where the
onstrate compliance is not subject to wastewater provisions in this subpart
the requirements of paragraphs (b) and allow or require the use of a treatment
(c) of this section. A closed biological process or control device to comply
treatment process in compliance with with emissions limitations, the owner
166
or operator may use multiple treat- processes, each treatment process shall
ment processes or control devices, re- meet the applicable requirements of
spectively. For combinations of treat- paragraphs (b) through (f) of this sec-
ment processes where the wastewater tion except as provided in paragraph
stream is conveyed by hard-piping, the (g)(3) of this section.
owner or operator shall comply with ei- (B) The owner or operator shall iden-
ther the requirements of paragraph tify, and keep a record of, the combina-
(g)(7)(i) or (ii) of this section. For com- tion of treatment processes, including
binations of treatment processes where identification of the first and last
the wastewater stream is not conveyed treatment process. The owner or oper-
by hard-piping, the owner or operator ator shall include this information as
shall comply with the requirements of part of the treatment process descrip-
paragraph (g)(7)(ii) of this section. For tion reported in the Notification of
combinations of control devices, the Compliance Status report.
owner or operator shall comply with (C) The owner or operator shall de-
the requirements of paragraph (g)(7)(i) termine the mass removed or destroyed
of this section. by each treatment process. The per-
(i) Compliance across the combination formance test or design evaluation
of all treatment units or control devices in shall determine compliance for the
series. (A) For combinations of treat- combination of treatment processes by
ment processes, the wastewater stream adding together the mass removed or
shall be conveyed by hard-piping be- destroyed by each treatment process
tween the treatment processes. For and determine the overall control effi-
combinations of control devices, the ciency of the treatment system.
vented gas stream shall be conveyed by (8) Control options: Wastewater con-
hard-piping between the control de- taining partially soluble HAP compounds.
vices. The owner or operator shall comply
(B) For combinations of treatment with either paragraph (g)(8)(i) or (ii) of
processes, each treatment process shall this section for the control of partially
meet the applicable requirements of soluble HAP compounds at new or ex-
paragraphs (b) through (f) of this sec- isting sources.
tion, except as provided in paragraph (i) 50 ppmw concentration option. The
(g)(3) of this section. owner or operator shall comply with
(C) The owner or operator shall iden- paragraphs (g)(8)(i)(A) and (B) of this
tify, and keep a record of, the combina- section.
tion of treatment processes or of con- (A) Reduce, by removal or destruc-
trol devices, including identification of tion, the concentration of total par-
the first and last treatment process or tially soluble HAP compounds to a
control device. The owner or operator level less than 50 ppmw as determined
shall include this information as part by the procedures specified in
of the treatment process description § 63.1257(e)(2)(iii)(B).
reported in the Notification of Compli- (B) This option shall not be used
ance Status. when the treatment process is a bio-
(D) The performance test or design logical treatment process. This option
evaluation shall determine compliance shall not be used when the wastewater
across the combination of treatment is designated as an affected wastewater
processes or control devices. If a per- as specified in paragraph (a)(1)(ii) of
formance test is conducted, the ‘‘inlet’’ this section. Dilution shall not be used
shall be the point at which the waste- to achieve compliance with this option.
water stream or residual enters the (ii) Percent mass removal/destruction
first treatment process, or the vented option. The owner or operator shall re-
gas stream enters the first control de- duce, by removal or destruction, the
vice. The ‘‘outlet’’ shall be the point at mass of total partially soluble HAP
which the treated wastewater stream compounds by 99 percent or more. The
exits the last treatment process, or the removal destruction efficiency shall be
vented gas stream exits the last con- determined by the procedures specified
trol device. in § 63.1257(e)(2)(ii) or (iii)(C) for non-

(ii) Compliance across individual units. combustion, nonbiological treatment
(A) For combinations of treatment processes; § 63.1257(e)(2)(ii) or (iii)(D) for
167
§ 63.1256 40 CFR Ch. I (7–1–16 Edition)
combustion processes; as specified in paragraph (a)(1)(ii) of

§ 63.1257(e)(2)(iii)(F) for open biological this section. These treatment processes
treatment processes; and are exempt from the design evaluation
§ 63.1257(e)(2)(ii) or (iii)(G) for closed bi- or performance tests requirements
ological treatment processes. specified in paragraph (g)(4) of this sec-
(9) Control options: Wastewater con- tion.
taining soluble HAP compounds. The (11) 95-percent mass reduction option,
owner or operator shall comply with ei- for biological treatment processes. The
ther paragraph (g)(9)(i) or (ii) of this owner or operator of a new or existing
section for the control of soluble HAP source using biological treatment for
compounds at new or existing sources. any affected wastewater shall reduce
(i) 520 ppmw concentration option. The the mass of total soluble and partially
owner or operator shall comply with soluble HAP sent to that biological
paragraphs (g)(9)(i)(A) and (B) of this treatment unit by at least 95 percent.
section. All wastewater as defined in § 63.1251
(A) Reduce, by removal or destruc- entering such a biological treatment
tion, the concentration of total soluble unit from PMPU’s subject to this sub-
HAP compounds to a level less than 520 part shall be included in the dem-
ppmw as determined in the procedures onstration of the 95-percent mass re-
specified in § 63.1257(e)(2)(iii)(B). moval. The owner or operator shall
(B) This option shall not be used comply with paragraphs (g)(11)(i)
when the treatment process is a bio- through (iv) of this section.
logical treatment process. This option (i) Except as provided in paragraph
shall not be used when the wastewater (g)(11)(iv) of this section, the owner or
is designated as an affected wastewater operator shall ensure that all waste-
as specified in paragraph (a)(1)(ii) of water from PMPU’s subject to this sub-
this section. Dilution shall not be used part entering a biological treatment
to achieve compliance with this option. unit are treated to destroy at least 95-
(ii) Percent mass removal/destruction percent total mass of all soluble and
option. The owner or operator shall re- partially soluble HAP compounds.
duce the mass of total soluble HAP by (ii) For open biological treatment
90 percent or more, either by removal processes, compliance shall be deter-
or destruction. The removal/destruc- mined using the procedures specified in
tion efficiency shall be determined by § 63.1257(e)(2)(iii)(E). For closed aerobic
the procedures in § 63.1257(e)(2)(ii) or biological treatment processes, compli-
(e)(2)(iii)(C) for noncombustion, non- ance shall be determined using the pro-
biological treatment processes; cedures specified in § 63.1257(e)(2)(ii),
§ 63.1257(e)(2)(ii) or (e)(2)(iii)(D) for com- (iii)(E), or (iii)(G). For closed anaerobic
bustion processes; § 63.1257(e)(2)(iii)(F) biological treatment processes, compli-
for open biological treatment proc- ance shall be determined using the pro-
esses; and § 63.1257(e)(2)(ii) or cedures specified in § 63.1257(e)(2)(ii) or
(e)(2)(iii)(G) for closed, biological treat- (iii)(G).
ment processes. (iii) For each treatment process or
(10) Control option: Enhanced biotreat- waste management unit that receives,
ment for wastewater containing soluble manages, or treats wastewater subject
HAP. The owner or operator may elect to this paragraph, from the POD to the
to treat affected wastewater streams biological treatment unit, the owner or
containing soluble HAP in an enhanced operator shall comply with paragraphs
biological treatment system, as defined (b) through (f) of this section for con-
in § 63.1251, provided the wastewater trol of air emissions. When complying
stream contains less than 50 ppmw par- with this paragraph, the term affected
tially soluble HAP, or the owner or op- wastewater in paragraphs (b) through
erator complies with the requirements (f) of this section shall mean all waste-
of paragraph (g)(8) of this section be- water from PMPU’s, not just affected
fore treating the affected wastewater wastewater.
stream in the enhanced biological (iv) If wastewater is in compliance
treatment system. This option shall with the requirements in paragraph

not be used when the wastewater is (g)(8), (9), or (12) of this section before
designated as an affected wastewater entering the biological treatment unit,
168
the hazardous air pollutants mass of (iii) The wastewater or residual is

that wastewater is not required to be discharged to an underground injection
included in the total mass flow rate en- well for which the owner or operator
tering the biological treatment unit for has been issued a final permit under 40
the purpose of demonstrating compli- CFR part 270 or 40 CFR part 144 and
ance. complies with the requirements of 40
(12) Percent mass removal/destruction CFR part 122. The owner or operator
option for soluble HAP compounds at new shall comply with all applicable re-
sources. The owner or operator of a new quirements of this subpart prior to the
source shall reduce, by removal or de- point where the wastewater enters the
struction, the mass flow rate of total underground portion of the injection
soluble HAP from affected wastewater well.
by 99 percent or more. The removal/de- (14) Residuals. For each residual re-
struction efficiency shall be deter- moved from affected wastewater, the
mined by the procedures in owner or operator shall control for air
§ 63.1257(e)(2)(ii) or (iii)(C) for non- emissions by complying with para-
combustion, nonbiological treatment graphs (b) through (f) of this section
processes; § 63.1257(e)(2)(ii) and (iii)(D) and by complying with one of the pro-
for combustion processes; visions in paragraphs (g)(14)(i) through
§ 63.1257(e)(2)(iii)(F) for open biological (iv) of this section.
treatment processes; and (i) Recycle the residual to a produc-
§ 63.1257(e)(2)(ii) or (iii)(G) for closed bi- tion process or sell the residual for the
ological treatment processes. purpose of recycling. Once a residual is
(13) Treatment in a RCRA unit option. returned to a production process, the
The owner or operator shall treat the residual is no longer subject to this
affected wastewater or residual in a section.
unit identified in, and complying with, (ii) Return the residual to the treat-
ment process.
paragraph (g)(13)(i), (ii), or (iii) of this
(iii) Treat the residual to destroy the
section. These units are exempt from
total combined mass flow rate of solu-
the design evaluation or performance
ble and/or partially soluble HAP com-
tests requirements specified in para-
pounds by 99 percent or more, as deter-
graph (g)(4) of this section and
mined by the procedures specified in
§ 63.1257(e)(2), and from the monitoring
§ 63.1257(e)(2)(iii)(C) or (D).
requirements specified in paragraph
(iv) Comply with the requirements
(a)(2)(iii) of this section, as well as rec-
for RCRA treatment options specified
ordkeeping and reporting requirements
in paragraph (g)(13) of this section.
associated with monitoring and per-
(h) Control devices. For each control
formance tests. device or combination of control de-
(i) The wastewater or residual is dis- vices used to comply with the provi-
charged to a hazardous waste inciner- sions in paragraphs (b) through (f) and
ator for which the owner or operator (g)(5) of this section, the owner or oper-
has been issued a final permit under 40 ator shall operate and maintain the
CFR part 270 and complies with the re- control device or combination of con-
quirements of 40 CFR part 264, subpart trol devices in accordance with the re-
O, or has certified compliance with the quirements of paragraphs (h)(1)
interim status requirements of 40 CFR through (5) of this section.
part 265, subpart O; (1) Whenever organic HAP emissions
(ii) The wastewater or residual is dis- are vented to a control device which is
charged to a process heater or boiler used to comply with the provisions of
burning hazardous waste for which the this subpart, such control device shall
owner or operator: be operating.
(A) Has been issued a final permit (2) The control device shall be de-
under 40 CFR part 270 and complies signed and operated in accordance with
with the requirements of 40 CFR part paragraph (h)(2) (i), (ii), (iii), (iv), or (v)
266, subpart H; or of this section, as demonstrated by the
(B) Has certified compliance with the provisions in § 63.1257(e)(3).

interim status requirements of 40 CFR (i) An enclosed combustion device
part 266, subpart H. (including but not limited to a vapor
169
§ 63.1256 40 CFR Ch. I (7–1–16 Edition)
incinerator, boiler, or process heater) (3) If the control device is a combus-

shall meet the conditions in paragraph tion device, the owner or operator shall
(h)(2)(i) (A), (B), or (C) of this section, comply with the requirements in
alone or in combination with other § 63.1252(g) to control halogenated vent
control devices. If a boiler or process streams.
heater is used as the control device, (4) Except as provided in paragraph
then the vent stream shall be intro- (i) of this section, if gaps, cracks, tears,
duced into the flame zone of the boiler or holes are observed in ductwork, pip-
or process heater. ing, or connections to covers and con-
(A) Reduce the organic HAP emis- trol devices during an inspection, a
sions vented to the control device by 95
first effort to repair shall be made as
percent by weight or greater;
soon as practical but no later than 5
(B) Achieve an outlet TOC concentra-
tion of 20 ppmv on a dry basis corrected calendar days after identification. Re-
to 3 percent oxygen. The owner or oper- pair shall be completed no later than 15
ator shall use either Method 18 of 40 calendar days after identification or
CFR part 60, appendix A, or any other discovery of the defect.
method or data that has been validated (5) The provisions in paragraphs
according to the applicable procedures (h)(1) through (4) of this section apply
in Method 301 of appendix A of this at all times, except as specified in
part; or § 63.1250(g). The owner or operator may
(C) Provide a minimum residence not comply with the planned routine
time of 0.5 seconds at a minimum tem- maintenance provisions in § 63.1252(h)
perature of 760 °C. for vent streams from waste manage-
(ii) A vapor recovery system (includ- ment units.
ing but not limited to a carbon adsorp- (i) Delay of repair. Delay of repair of
tion system or condenser), alone or in equipment for which a control equip-
combination with other control de- ment failure or a gap, crack, tear, or
vices, shall reduce the organic HAP hole has been identified, is allowed if
emissions vented to the control device the repair is technically infeasible
by 95 percent by weight or greater or without a shutdown, as defined in
achieve an outlet TOC concentration of
§ 63.1251, or if the owner or operator de-
20 ppmv. The 20 ppmv performance
termines that emissions of purged ma-
standard is not applicable to compli-
terial from immediate repair would be
ance with the provisions of paragraphs
(c) or (d) of this section. greater than the emissions likely to re-
(iii) A flare shall comply with the result from delay of repair. Repair of this
quirements of § 63.11(b). equipment shall occur by the end of the
(iv) A scrubber, alone or in combina- next shutdown.
tion with other control devices, shall (1) Delay of repair of equipment for
reduce the organic HAP emissions in which a control equipment failure or a
such a manner that 95 weight-percent gap, crack, tear, or hole has been iden-
is either removed, or destroyed by tified, is allowed if the equipment is
chemical reaction with the scrubbing emptied or is no longer used to treat or
liquid, or achieve an outlet TOC con- manage affected wastewater or residu-
centration of 20 ppmv. The 20 ppmv als removed from affected wastewater.
performance standard is not applicable (2) Delay of repair of equipment for
to compliance with the provisions of which a control equipment failure or a
paragraphs (c) or (d) of this section. gap, crack, tear, or hole has been iden-
(v) Any other control device used tified is also allowed if additional time
shall, alone or in combination with is necessary due to the unavailability
other control devices, reduce the or- of parts beyond the control of the
ganic HAP emissions vented to the owner or operator. Repair shall be com-
control device by 95 percent by weight
pleted as soon as practical. The owner
or greater or achieve an outlet TOC
or operator who uses this provision
concentration of 20 ppmv. The 20 ppmv
performance standard is not applicable shall comply with the requirements of

to compliance with the provisions of
paragraphs (c) or (d) of this section.
170
§ 63.1259(h) to document the reasons dence time of 0.5 seconds and a min-
that the delay of repair was necessary. imum temperature of 760 °C, the design
evaluation must document that these
FR 52607, Aug. 29, 2000; 66 FR 40133, Aug. 2, conditions exist.
2001; 70 FR 25670, May 13, 2005; 71 FR 20459, (ii) For a combustion control device
Apr. 20, 2006; 76 FR 22600, Apr. 21, 2011] that does not satisfy the criteria in
paragraph (a)(1)(i) of this section, the
§ 63.1257 Test methods and compliance design evaluation must document con-
procedures. trol efficiency and address the fol-
(a) General. Except as specified in lowing characteristics, depending on
paragraph (a)(5) of this section, the the type of control device:
procedures specified in paragraphs (c), (A) For a thermal vapor incinerator,
(d), (e), and (f) of this section are re- the design evaluation must consider
quired to demonstrate initial compli- the autoignition temperature of the or-
ance with §§ 63.1253, 63.1254, 63.1256, and ganic HAP, must consider the vent
63.1252(e), respectively. The provisions stream flow rate, and must establish
in paragraphs (a)(2) and (3) apply to the design minimum and average tem-
performance tests that are specified in perature in the combustion zone and
paragraphs (c), (d), and (e) of this sec- the combustion zone residence time.
tion. The provisions in paragraph (a)(5) (B) For a catalytic vapor incinerator,
of this section are used to demonstrate the design evaluation shall consider
initial compliance with the alternative the vent stream flow rate and shall es-
standards specified in §§ 63.1253(d) and tablish the design minimum and aver-
63.1254(c). The provisions in paragraph age temperatures across the catalyst
(a)(6) of this section are used to comply
bed inlet and outlet.
with the outlet concentration require-
(C) For a boiler or process heater, the
ments specified in §§ 63.1253(c),
design evaluation shall consider the
63.1254(a)(2)(i), and (a)(3)(ii)(B),
63.1254(b)(i), and 63.1256(h)(2). Perform- vent stream flow rate; shall establish
ance tests shall be conducted under the design minimum and average flame
such conditions representative of per- zone temperatures and combustion
formance of the affected source for the zone residence time; and shall describe
period being tested. Upon request, the the method and location where the
owner or operator shall make available vent stream is introduced into the
to the Administrator such records as flame zone.
may be necessary to determine the (iii) For a condenser, the design eval-
conditions of performance tests. uation shall consider the vent stream
(1) Design evaluation. To demonstrate flow rate, relative humidity, and tem-
that a control device meets the re- perature and shall establish the design
quired control efficiency, a design eval- outlet organic HAP compound con-
uation must address the composition centration level, design average tem-
and organic HAP concentration of the perature of the condenser exhaust vent
vent stream entering the control de- stream, and the design average tem-
vice. A design evaluation also must ad- peratures of the coolant fluid at the
dress other vent stream characteristics condenser inlet and outlet. The tem-
and control device operating param- perature of the gas stream exiting the
eters as specified in any one of para- condenser must be measured and used
graphs (a)(1) (i) through (vi) of this sec- to establish the outlet organic HAP
tion, depending on the type of control concentration.
device that is used. If the vent stream (iv) For a carbon adsorption system
is not the only inlet to the control de- that regenerates the carbon bed di-
vice, the efficiency demonstration also rectly onsite in the control device such
must consider all other vapors, gases, as a fixed-bed adsorber, the design
and liquids, other than fuels, received evaluation shall consider the vent
by the control device. stream flow rate, relative humidity,
(i) For an enclosed combustion device and temperature and shall establish
used to comply with the provisions of the design exhaust vent stream organic
63.1253 (b)(2) or (c)(2), or compound concentration level, adsorp-
63.1256(h)(2)(i)(C) with a minimum resi- tion cycle time, number and capacity
171
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
of carbon beds, type and working ca- organic HAP using Equation 6 of this
pacity of activated carbon used for car- subpart, except that only the organic
bon beds, design total regeneration HAP compounds shall be summed;
stream mass or volumetric flow over when determining compliance with
the period of each complete carbon bed paragraph (e)(3)(i) of this section, only
regeneration cycle, design carbon bed the soluble and partially soluble HAP
temperature after regeneration, design compounds shall be summed.
carbon bed regeneration time, and de-
sign service life of carbon. For vacuum 1 m⎛ n ⎞
desorption, the pressure drop shall be
included.
CG T = ∑ ⎜ ∑
m j=1 ⎝ i =1
CGS i, j ⎟
⎠
( Eq. 6)
(v) For a carbon adsorption system
where:
that does not regenerate the carbon
CGT = total concentration of TOC in vented
bed directly onsite in the control de- gas stream, average of samples, dry
vice such as a carbon canister, the de- basis, ppmv
sign evaluation shall consider the vent CGSi, j = concentration of sample compo-
stream mass or volumetric flow rate, nents in vented gas stream for sample j,
relative humidity, and temperature dry basis, ppmv
and shall establish the design exhaust i = identifier for a compound
vent stream organic compound con- n = number of components in the sample
j = identifier for a sample
centration level, capacity of carbon m = number of samples in the sample run
bed, type and working capacity of acti-
vated carbon used for carbon bed, and (3) Outlet concentration correction for
design carbon replacement interval supplemental gases—(i) Combustion de-
based on the total carbon working ca- vices. Except as provided in
pacity of the control device and source § 63.1258(b)(5)(ii)(A), for a combustion
operating schedule. device used to comply with an outlet
(vi) For a scrubber, the design eval- concentration standard, the actual
uation shall consider the vent stream TOC, organic HAP, and hydrogen ha-
composition; constituent concentra- lide and halogen must be corrected to 3
tions; liquid-to-vapor ratio; scrubbing percent oxygen if supplemental gases,
liquid flow rate and concentration; as defined in § 63.1251, are added to the
temperature; and the reaction kinetics vent stream or manifold. The inte-
of the constituents with the scrubbing grated sampling and analysis proce-
liquid. The design evaluation shall es- dures of Method 3B of 40 CFR part 60,
tablish the design exhaust vent stream appendix A, shall be used to determine
organic compound concentration level the actual oxygen concentration
and will include the additional infor- (%O2d). The samples shall be taken dur-
mation in paragraphs (a)(1)(vi)(A) and ing the same time that the TOC or
(B) of this section for trays and a total organic HAP or hydrogen halides
packed column scrubber. and halogen samples are taken. The
(A) Type and total number of theo- concentration corrected to 3 percent
retical and actual trays; oxygen (Cd) shall be computed using
(B) Type and total surface area of Equation 7A of this subpart:
packing for entire column, and for in-
dividual packed sections if column con- ⎛ 17.9 ⎞
tains more than one packed section. Cc = Cm ⎜ ⎟ (Eq. 7A)
(2) Calculation of TOC or total organic ⎝ 20.9 − % O 2d ⎠
HAP concentration. The TOC concentra- Where:
tion or total organic HAP concentra- Cc = concentration of TOC or total organic
tion is the sum of the concentrations of HAP or hydrogen halide and halogen cor-
the individual components. If compli- rected to 3 percent oxygen, dry basis,
ance is being determined based on TOC, ppmv
the owner or operator shall compute Cm = total concentration of TOC or total or-
ganic HAP or hydrogen halide and halo-
TOC for each run using Equation 6 of
gen in vented gas stream, average of
this subpart. If compliance with the samples, dry basis, ppmv
wastewater provisions is being deter- %O2d = concentration of oxygen measured in

ER29AU00.002</GPH>
mined based on total organic HAP, the vented gas stream, dry basis, percent by
owner or operator shall compute total volume
172
ER21SE98.003</GPH>
(ii) Noncombustion devices. Except as terim status requirements of 40 CFR

provided in § 63.1258(b)(5)(ii)(B), if a part 265, subpart O.
control device other than a combustion (5) Initial compliance with alternative
device is used to comply with a TOC, standard. Initial compliance with the
organic HAP, or hydrogen halide outlet alternative standards in §§ 63.1253(d)
concentration standard, the owner or and 63.1254(c) for combustion devices is
operator must correct the actual con- demonstrated when the outlet TOC
centration for supplemental gases concentration is 20 ppmv or less, and
using Equation 7B of this subpart; the outlet hydrogen halide and halogen
process knowledge and representative concentration is 20 ppmv or less. Initial
operating data may be used to deter- compliance with the alternative stand-
mine the fraction of the total flow due ards in §§ 63.1253(d) and 63.1254(c) for
to supplemental gas. noncombustion devices is dem-
onstrated when the outlet TOC con-
⎛ V + Va ⎞ centration is 50 ppmv or less, and the
Ca = Cm ⎜ s ⎟ (Eq. 7B) outlet hydrogen halide and hydrogen
⎝ Va ⎠ concentration is 50 ppmv or less. To
Where: demonstrate initial compliance, the
Ca = corrected outlet TOC, organic HAP, and owner or operator shall be in compli-
hydrogen halides and halogens con- ance with the monitoring provisions in
centration, dry basis, ppmv § 63.1258(b)(5) on the initial compliance
Cm = actual TOC, organic HAP, and hydrogen date. The owner or operator shall use
halides and halogens concentration Method 18 to determine the predomi-
measured at control device outlet, dry nant organic HAP in the emission
basis, ppmv
stream if the TOC monitor is cali-
Va = total volumetric flow rate of all gas
streams vented to the control device, ex-
brated on the predominant HAP.
cept supplemental gases (6) Initial compliance with the 20 ppmv
Vs = total volumetric flow rate of supple- outlet limit. Initial compliance with the
mental gases 20 ppmv TOC and hydrogen halide and
halogen concentration is demonstrated
(4) Exemptions from compliance dem-
when the outlet TOC concentration is
onstrations. An owner or operator using
20 ppmv or less, and the outlet hydro-
any control device specified in para-
gen halide and halogen concentration
graphs (a)(4)(i) through (iv) of this sec-
is 20 ppmv or less. To demonstrate ini-
tion is exempt from the initial compli-
tial compliance, the operator shall use
ance provisions in paragraphs (c), (d),
test methods described in paragraph (b)
and (e) of this section.
of this section. The owner or operator
(i) A boiler or process heater with a
shall comply with the monitoring pro-
design heat input capacity of 44
visions in § 63.1258(b)(1) through (4) on
megawatts or greater.
the initial compliance date.
(ii) A boiler or process heater into
(b) Test methods. When testing is con-
which the emission stream is intro-
ducted to measure emissions from an
duced with the primary fuel.
affected source, the test methods speci-
(iii) A boiler or process heater burn-
fied in paragraphs (b)(1) through (10) of
ing hazardous waste for which the
this section shall be used.
owner or operator:
(A) Has been issued a final permit (1) EPA Method 1 or 1A of appendix A
under 40 CFR part 270 and complies of part 60 is used for sample and veloc-
with the requirements of 40 CFR part ity traverses.
266, subpart H, or (2) EPA Method 2, 2A, 2C, or 2D of ap-
(B) Has certified compliance with the pendix A of part 60 is used for velocity
interim status requirements of 40 CFR and volumetric flow rates.
part 266, subpart H. (3) EPA Method 3 of appendix A of
(iv) A hazardous waste incinerator part 60 is used for gas analysis.
for which the owner or operator has (4) EPA Method 4 of appendix A of
been issued a final permit under 40 CFR part 60 is used for stack gas moisture.
part 270 and complies with the require- (5) [Reserved]

ments of 40 CFR part 264, subpart O, or (6) The following methods are speci-
has certified compliance with the in- fied for concentration measurements:
173
ER29AU00.003</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
(i) Method 18 may be used to deter- flow rate measurements (every 15 min-
mine HAP concentration in any con- utes). If an integrated sample is col-
trol device efficiency determination. lected for laboratory analysis, the sam-
(ii) Method 25 of appendix A of part 60 pling rate shall be adjusted proportion-
may be used to determine total gaseous ally to reflect variations in flow rate.
nonmethane organic concentration for For continuous gas streams, the emis-
control efficiency determinations in sion rate used to determine compliance
combustion devices. shall be the average emission rate of
(iii) Method 26 or 26A of appendix A the three test runs.
of part 60 shall be used to determine (8) Testing and compliance determina-
hydrogen chloride, hydrogen halide and tion conditions for batch processes. Test-
halogen concentrations in control de- ing of emissions on equipment where
vice efficiency determinations or in the the flow of gaseous emissions is inter-
20 ppmv outlet hydrogen halide con- mittent (batch operations) shall be
centration standard. conducted as specified in paragraphs
(iv) Method 25A of appendix A of part (b)(8)(i) through (iii) of this section.
60 may be used to determine the HAP (i) Except as provided in paragraph
or TOC concentration for control de- (b)(9) of this section for condensers,
vice efficiency determinations under testing shall be conducted at absolute
the conditions specified in Method 25 of worst-case conditions or hypothetical
appendix A for direct measurement of worst-case conditions. Gas stream vol-
an effluent with a flame ionization de- umetric flow rates shall be measured at
tector, or in demonstrating compliance 15-minute intervals. The HAP or TOC
with the 20 ppmv TOC outlet standard. concentration shall be determined
If Method 25A is used to determine the from samples collected in an inte-
concentration of TOC for the 20 ppmv grated sample over the duration of the
standard, the instrument shall be cali- test, or from grab samples collected si-
brated on methane or the predominant multaneously with the flow rate meas-
HAP. If calibrating on the predominant urements (every 15 minutes). If an inte-
HAP, the use of Method 25A shall com- grated sample is collected for labora-
ply with paragraphs (b)(6)(iv)(A) tory analysis, the sampling rate shall
through (C) of this section. be adjusted proportionally to reflect
(A) The organic HAP used as the cali- variations in flow rate. The absolute
bration gas for Method 25A, 40 CFR worst-case or hypothetical worst-case
part 60, appendix A, shall be the single conditions shall be characterized by
organic HAP representing the largest the criteria presented in paragraphs
percent by volume. (b)(8)(i)(A) and (B)of this section. In all
(B) The use of Method 25A, 40 CFR cases, a site-specific plan shall be sub-
part 60, appendix A, is acceptable if the mitted to the Administrator for ap-
response from the high level calibra- proval prior to testing in accordance
tion gas is at least 20 times the stand- with § 63.7(c) and § 63.1260(l). The test
ard deviation of the response from the plan shall include the emission profile
zero calibration gas when the instru- described in paragraph (b)(8)(ii) of this
ment is zeroed on the most sensitive section.
scale. (A) Absolute worst-case conditions
(C) The span value of the analyzer are defined by the criteria presented in
must be less than 100 ppmv. paragraph (b)(8)(i)(A)(1) or (2) of this
(7) Testing conditions for continuous section if the maximum load is the
processes. Testing of emissions on most challenging condition for the con-
equipment operating as part of a control device. Otherwise, absolute worst-
tinuous process will consist of three l- case conditions are defined by the con-
hour runs. Gas stream volumetric flow ditions in paragraph (b)(8)(i)(A)(3) of
rates shall be measured every 15 min- this section. The owner or operator
utes during each 1-hour run. The HAP must consider all relevant factors, in-
concentration shall be determined cluding load and compound-specific
from samples collected in an inte- characteristics in defining absolute
grated sample over the duration of worst-case conditions.

each l-hour test run, or from grab sam- (1) The period in which the inlet to
ples collected simultaneously with the the control device will contain at least
174
50 percent of the maximum HAP load (A) Emission profile by process. The
(in lb) capable of being vented to the emission profile must consider all
control device over any 8 hour period. emission episodes that could con-
An emission profile as described in tribute to the vent stack for a period of
paragraph (b)(8)(ii)(A) of this section time that is sufficient to include all
shall be used to identify the 8-hour pe- processes venting to the stack and
riod that includes the maximum pro- shall consider production scheduling.
jected HAP load. The profile shall describe the HAP load
(2) A 1-hour period of time in which to the device that equals the highest
the inlet to the control device will con- sum of emissions from the episodes
tain the highest HAP mass loading that can vent to the control device in
rate, in lb/hr, capable of being vented any given hour. Emissions per episode
to the control device. An emission pro- shall be calculated using the proce-
file as described in paragraph dures specified in paragraph (d)(2) of
(b)(8)(ii)(A) of this section shall be used this section. Emissions per episode
to identify the 1-hour period of max- shall be divided by the duration of the
imum HAP loading. episode only if the duration of the epi-
(3) The period of time when the HAP sode is longer than 1 hour.
loading or stream composition (includ- (B) Emission profile by equipment. The
ing non-HAP) is most challenging for emission profile must consist of emis-
the control device. These conditions in- sions that meet or exceed the highest
clude, but are not limited to the fol- emissions, in lb/hr, that would be ex-
lowing: pected under actual processing condi-
(i) Periods when the stream contains tions. The profile shall describe equip-
the highest combined VOC and HAP ment configurations used to generate
load, in lb/hr, described by the emission the emission events, volatility of mate-
profiles in paragraph (b)(8)(ii) of this rials processed in the equipment, and
section; the rationale used to identify and char-
(ii) Periods when the streams contain acterize the emission events. The emis-
HAP constituents that approach limits sions may be based on using a com-
of solubility for scrubbing media; pound more volatile than compounds
(iii) Periods when the streams con- actually used in the process(es), and
tain HAP constituents that approach the emissions may be generated from
limits of adsorptivity for carbon ad- all equipment in the process(es) or only
sorption systems. selected equipment.
(B) Hypothetical worst-case condi- (C) Emission profile by capture and con-
tions are simulated test conditions trol device limitation. The emission pro-
that, at a minimum, contain the high- file shall consider the capture and con-
est hourly HAP load of emissions that trol system limitations and the highest
would be predicted to be vented to the emissions, in lb/hr, that can be routed
control device from the emissions pro- to the control device, based on max-
file described in paragraph (b)(8)(ii)(B) imum flowrate and concentrations pos-
or (C) of this section. sible because of limitations on convey-
(ii) Emissions profile. The owner or op- ance and control equipment (e.g., fans,
erator may choose to perform tests LEL alarms and safety bypasses).
only during those periods of the worst- (iii) Three runs, at a minimum of 1
case conditions that the owner or oper- hour each and a maximum of 8 hours
ator selects to control as part of each, are required for performance
achieving the required emission reduc- testing. Each run must occur over the
tion. The owner or operator must de- same worst-case conditions, as defined
velop an emission profile for the vent in paragraph (b)(8)(i) of this section.
to the control device that describes the (9) Testing requirements for condensers.
characteristics of the vent stream at For emission streams controlled using
the inlet to the control device under condensers, continuous direct measure-
worst case conditions. The emission ment of condenser outlet gas tempera-
profile shall be developed based on any ture to be used in determining con-
one of the procedures described in centrations per the design evaluation

(b)(8)(ii)(A) through (C) of this section, described in § 63.1257(a)(1)(iii) is re-
as required by paragraph (b)(8)(i). quired.
175
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
(10) Wastewater testing. Wastewater (A) Validate the method according to

analysis shall be conducted in accord- section 5.1 or 5.3 of Method 301 of 40
ance with paragraph (b)(10)(i), (ii), (iii), CFR part 63, appendix A.
(iv), or (v) of this section. (B) Follow the procedure as specified
(i) Method 305. Use procedures speci- in ‘‘Alternative Validation Procedure
fied in Method 305 of 40 CFR part 63, for EPA Waste Methods’’ 40 CFR part
appendix A, and comply with require- 63, appendix D.
ments specified in paragraph (b)(10)(vi) (v) Methods other than an EPA method.
of this section. Use procedures specified in the method,
(ii) EPA Method 624, 625, 1624, 1625, validate the method using the proce-
1666, or 1671. Use procedures specified in dures in paragraph (b)(10)(iv)(A) of this
EPA Method 624, 625, 1624, 1625, 1666, or section, and comply with the require-
1671 of 40 CFR part 136, appendix A, and ments in paragraph (b)(10)(vi) of this
comply with requirements in para- section.
graph (b)(10)(vi) of this section. (vi) Sampling plan. The owner or oper-
(iii) Method 8260 or 8270. Use proce- ator shall prepare a sampling plan.
dures specified in Method 8260 or 8270 in Wastewater samples shall be collected
‘‘Test Methods for Evaluating Solid using sampling procedures which mini-
Waste, Physical/Chemical Methods,’’ mize loss of organic compounds during
EPA Publication No. SW–846, Third sample collection and analysis and
Edition, September 1986, as amended by maintain sample integrity. The sample
Update I, November 15, 1992. As an al- plan shall include procedures for deter-
ternative, an owner or operator may mining recovery efficiency of the rel-
use any more recent, updated version evant partially soluble and soluble
of Method 8260 or 8270 approved by the HAP compounds. An example of an ac-
EPA. For the purpose of using Method ceptable sampling plan would be one
8260 or 8270 to comply with this sub- that incorporates similar sampling and
part, the owner or operator must main- sample handling requirements to those
tain a formal quality assurance proof Method 25D of 40 CFR part 60, appen-
gram consistent with either Section 8 dix A. The sampling plan shall be
of Method 8260 or Method 8270, and this maintained at the facility.
program must include the following (c) Initial compliance with storage tank
elements related to measuring the con- provisions. The owner or operator of an
centrations of volatile compounds: affected storage tank shall dem-
(A) Documentation of site-specific onstrate initial compliance with
procedures to minimize the loss of § 63.1253(b) or (c), as applicable, by ful-
compounds due to volatilization, bio- filling the requirements of paragraph
degradation, reaction, or sorption dur- (c)(1),or (c)(2), or (c)(3) of this section.
ing the sample collection, storage, and (1) Performance test. If this option is
preparation steps. chosen to demonstrate initial compli-
(B) Documentation of specific quality ance with the percent reduction re-
assurance procedures followed during quirement of § 63.1253(b)(1) or (c)(1)(i),
sampling, sample preparation, sample the efficiency of the control device
introduction, and analysis. shall be calculated using performance
(C) Measurement of the average accu- test data as specified in paragraphs
racy and precision of the specific pro- (c)(1)(i) through (iii) of this section. To
cedures, including field duplicates and demonstrate initial compliance with
field spiking of the material source be- the outlet concentration requirements
fore or during sampling with com- in § 63.1253(b)(2) and (c)(2), the owner or
pounds having similar chemical char- operator must conduct a performance
acteristics to the target analytes. test and fulfill the requirements of
(iv) Other EPA methods. Use proce- paragraph (a)(6) of this section.
dures specified in the method, validate (i) Equations 8 and 9 of this subpart
the method using the procedures in shall be used to calculate the mass rate
paragraph (b)(10)(iv)(A) or (B) of this of total HAP reasonably expected max-
section, and comply with the proce- imum filling rate at the inlet and out-
dures in paragraph (b)(10)(vi) of this let of the control device for standard
section. conditions of 20 °C: where:
176
quirement of § 63.1253(b) or (c), a design
⎛ n ⎞ evaluation shall be prepared in accord-
E i = K 2 ⎜ ∑ C ij M ij ⎟ Q i ( Eq. 8) ance with the provisions in paragraph
⎝ j=1 ⎠ (a)(1) of this section. The design eval-
uation shall include documentation
demonstrating that the control device
⎛ n ⎞
E o = K 2 ⎜ ∑ C oj M oj ⎟ Q o
being used achieves the required con-
( Eq. 9) trol efficiency during reasonably ex-
⎝ j=1 ⎠ pected maximum filling rate.
where: (3) Floating roof. If the owner or oper-
Cij, Coj = concentration of sample component ator of an affected source chooses to
j of the gas stream at the inlet and outlet comply with the provisions of
of the control device, respectively, dry § 63.1253(b) or (c) by installing a float-
basis, ppmv ing roof, the owner or operator shall
Ei, Eo = mass rate of total HAP at the inlet comply with the procedures described
and outlet of the control device, respec- in §§ 63.119(b), (c), (d), and 63.120(a), (b),
tively, dry basis, kg/hr and (c), with the differences noted in
Mij, Moj = molecular weight of sample compo-
paragraphs (c)(3)(i) through (v) of this
nent j of the gas stream at the inlet and
outlet of the control device, respectively, section for the purposes of this sub-
gram/gram-mole part.
Qi, Qo = flow rate of gas stream at the inlet (i) When the term ‘‘storage vessel’’ is
and outlet of the control device, respec- used in §§ 63.119 and 63.120, the defini-
tively, dry standard cubic meter per tion of ‘‘storage tank’’ in § 63.1251 shall
minute apply for the purposes of this subpart.
K2 = constant, 2.494 × 10¥6 (parts per mil- (ii) When December 31, 1992 is re-
lion) ¥1 (gram-mole per standard cubic
ferred to in § 63.119, April 2, 1997 shall
meter) (kilogram/gram) (minute/hour),
where standard temperature is 20 °C apply instead for the purposes of this
n = number of sample components in the gas subpart.
stream (iii) When April 22, 1994 is referred to
in § 63.119, September 21, 1998 shall
(ii) The percent reduction in total apply instead for the purposes of this
HAP shall be calculated using Equa- subpart.
tion 10 of this subpart: (iv) When the phrase ‘‘the compliance
Ei − Eo date specified in § 63.100 of subpart F of
R= (100) ( Eq. 10) this part’’ is referred to in § 63.120, the
Ei phrase ‘‘the compliance date specified
in § 63.1250’’ shall apply for the purposes
where:
of this subpart.
R = control efficiency of control device, per-
(v) When the phrase ‘‘the maximum
cent
Ei = mass rate of total HAP at the inlet to true vapor pressure of the total organic
the control device as calculated under HAP’s in the stored liquid falls below
paragraph (c)(1)(i) of this section, kilo- the values defining Group 1 storage
grams organic HAP per hour vessels specified in table 5 or table 6 of
Eo = mass rate of total HAP at the outlet of this subpart’’ is referred to in
the control device, as calculated under § 63.120(b)(1)(iv), the phrase ‘‘the max-
paragraph (c)(1)(i) of this section, kilo- imum true vapor pressure of the total
grams organic HAP per hour
organic HAP in the stored liquid falls
(iii) A performance test is not re- below 13.1 kPa’’ shall apply for the pur-
quired to be conducted if the control poses of this subpart.
device used to comply with § 63.1253 (4) Initial compliance with alternative
(storage tank provisions) is also used standard. Initial compliance with
to comply with § 63.1254 (process vent § 63.1253(d) is demonstrated by fulfilling
ER21SE98.007</GPH>
provisions), and compliance with the requirements of paragraph (a)(5) of

§ 63.1254 has been demonstrated in ac- this section.
cordance with paragraph (d) of this sec- (5) Planned maintenance. The owner or
tion. operator shall demonstrate compliance
(2) Design evaluation. If this option is with the requirements of § 63.1253(e) by

ER21SE98.006</GPH>
chosen to demonstrate initial compli- including the periods of planned rou-

ance with the percent reduction re- tine maintenance specified by date and
177
ER21SE98.005</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
time in each Periodic Report required owner or operator shall demonstrate

by § 63.1260. compliance by fulfilling the require-
(d) Initial compliance with process vent ments in paragraph (a)(6) of this sec-
provisions. An owner or operator of an tion.
affected source complying with the (iv) Initial compliance with
process vent standards in § 63.1254 shall § 63.1254(c) is demonstrated by fulfilling
demonstrate compliance using the pro- the requirements of paragraph (a)(5) of
cedures described in paragraphs (d)(1) this section.
through (4) of this section. (2) Uncontrolled emissions. An owner
(1) Except as provided in paragraph or operator of an affected source com-
(a)(4) of this section, initial compliance plying with the emission limitation re-
with the process vent standards in quired by § 63.1254(a)(1), or emissions re-
§ 63.1254 shall be demonstrated using ductions specified in § 63.1254(a)(2),
the procedures specified in paragraphs (a)(3), or (b), for each process vent
(d)(1)(i) through (iv), as applicable. within a process, shall calculate uncon-
(i) Initial compliance with trolled emissions from all equipment in
§ 63.1254(a)(2)(i) is demonstrated when the process according to the procedures
the actual emissions of HAP from the described in paragraph (d)(2)(i) or (ii) of
sum of all process vents within a proc- this section, as appropriate.
ess is less than or equal to 900 kg/yr. (i) Emission estimation procedures.
Initial compliance with Owners or operators shall determine
§ 63.1254(a)(2)(ii) is demonstrated when uncontrolled emissions of HAP using
the actual emissions of HAP from the measurements and/or calculations for
sum of all process vents in compliance each batch emission episode within
with § 63.1254(a)(2)(i) is less than or each unit operation according to the
equal to 1,800 kg/yr. Uncontrolled HAP engineering evaluation methodology in
emissions and controlled HAP emis- paragraphs (d)(2)(i)(A) through (H) of
sions shall be determined using the this section. Except where variations
procedures described in paragraphs are noted, individual HAP partial pres-
(d)(2) and (3) of this section. Controlled sures in multicomponent systems shall
emissions during periods of planned be determined by the following meth-
routine maintenance of a CCCD as ods: If the components are miscible in
specified in § 63.1252(h), must be cal- one another, use Raoult’s law to cal-
culated assuming the HAP emissions culate the partial pressures; if the solu-
are reduced by 93 percent. tion is a dilute aqueous mixture, use
(ii) Initial compliance with the per- Henry’s law to calculate partial pres-
cent reduction requirements in sures; if Raoult’s law or Henry’s law
§ 63.1254(a)(1)(i), (a)(3), and (b) is dem- are not appropriate or available, use
onstrated by: experimentally obtained activity coef-
(A) Determining controlled HAP ficients or models such as the group-
emissions using the procedures de- contribution models, to predict activ-
scribed in paragraph (d)(3) of this sec- ity coefficients, or assume the compo-
tion, and uncontrolled HAP emissions nents of the system behave independ-
determined using the procedures de- ently and use the summation of all
scribed in paragraph (d)(2) of this sec- vapor pressures from the HAP as the
tion, and demonstrating that the re- total HAP partial pressure. Chemical
ductions required by § 63.1254(a)(1)(i), property data can be obtained from
(a)(3), and (b) are met; or standard reference texts.
(B) Controlling the process vents (A) Vapor displacement. Emissions
using a device meeting the criteria from vapor displacement due to trans-
specified in paragraph (a)(4) of this sec- fer of material shall be calculated
tion. using Equation 11 of this subpart. The
(iii) Initial compliance with the out- individual HAP partial pressures may
let concentration requirements in be calculated using Raoult’s law.
§ 63.1254(a)(1)(ii)(A), (a)(3), and (b)(1) is
n
× ∑ ( Pi )(MWi )
demonstrated when the outlet TOC (V)
E=
concentration is 20 ppmv or less and ( Eq. 11)

the outlet hydrogen halide and halogen ( R )(T ) i =1
concentration is 20 ppmv or less. The where:
178
ER21SE98.008</GPH>
E = mass of HAP emitted this subpart. The partial pressures of
V = volume of gas displaced from the vessel individual condensable compounds may
R = ideal gas law constant
T = temperature of the vessel vapor space;
be calculated using Raoult’s law, the
absolute pressure of the vessel vapor space may
Pi = partial pressure of the individual HAP be set equal to 760 mmHg, and the par-
MWi = molecular weight of the individual tial pressure of HAP shall be assumed
HAP to be 25 percent of the saturated value
n = number of HAP compounds in the emis-
sion stream i = identifier for a HAP com-
if the purge flow rate is greater than
pound 100 standard cubic feet per minute
(scfm).
(B) Purging. Emissions from purging
shall be calculated using Equation 12 of
n
(V)( t ) PT
E = ∑ Pi MWi × × ( Eq. 12)
( )
m
( R )(T )
i =1
PT − ∑ Pj
j =1
Where: the boiling point, must be calculated

E = mass of HAP emitted using the procedures in either para-
V = purge flow rate at the temperature and graph (d)(2)(i)(C) (2) or (3) of this sec-
pressure of the vessel vapor space
tion. If the contents of a vessel are
T = temperature of the vessel vapor space; heated to the boiling point, emissions
absolute must be calculated using the proce-
Pi = partial pressure of the individual HAP dures in paragraph (d)(2)(i)(C)(4) of this
Pj = partial pressure of individual conden- section.
sable VOC compounds (including HAP)
PT = pressure of the vessel vapor space
(1) This paragraph describes proce-
MWi = molecular weight of the individual dures to calculate emissions if the final
HAP temperature to which the vessel con-
t = time of purge tents are heated is 10 K below the boil-
n = number of HAP compounds in the emis- ing point of the HAP in the vessel, or
sion stream
i = identifier for a HAP compound
lower. The owner or operator shall cal-
j = identifier for a condensable compound culate the mass of HAP emitted per
m = number of condensable compounds (in- episode using either Equation 13 or 14
cluding HAP) in the emission stream of this subpart. The moles of non-
(C) Heating. Emissions caused by the condensable gas displaced are cal-
heating of a vessel to a temperature culated using Equation 15 of this sub-
equal to or lower than 10 K below the part. The initial and final pressure of
boiling point shall be calculated using the noncondensable gas in the vessel
the procedures in either paragraph shall be calculated using Equation 16 of
(d)(2)(i)(C)(1) or (3) of this section. this subpart. The average molecular
Emissions caused by heating a vessel weight of HAP in the displaced gas
to a temperature that is higher than 10 shall be calculated using Equation 17 of
K below the boiling point and less than this subpart.
n
∑ ((Pi ∗)(x i )(MWi ))
i =1
E= × Δη (Eq. 13)
(( )( ))
m
760 − ∑ Pj ∗ x j
ER29au00.004</GPH>
j=1
179
ER21SE98.009</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
n n
∑ (Pi )T1 ∑ (Pi )T 2
i =1 i =1
+
Pa 1 Pa 2
E= × Δη × MWHAP ( Eq. 14)
2
V ⎢⎛ Pa 1 ⎞ ⎛ Pa 2 ⎞ ⎥
Δη = ⎢⎜ ⎟ −⎜ ⎟⎥ ( Eq. 15)
R ⎢⎣⎝ T1 ⎠ ⎝ T2 ⎠ ⎥⎦
( )
m
Pa n = Patm − ∑ Pj ( Eq. 16)
Tn
j =1
MWHAP = ∑
n ((P ) + (P ) )MW
i T
1
i T
2
i
( Eq. 17)
∑ ((P ) + (P ) )
n
i =1
i T i T
1 2
i =1
Where: (Pi)Tn = partial pressure of each HAP in the

E = mass of HAP vapor displaced from the vessel headspace at initial (T1) and final
vessel being heated (T2) temperature
xi = mole fraction of each HAP in the liquid MWi = molecular weight of the individual
phase HAP
xj = mole fraction of each condensable VOC n = number of HAP compounds in the emis-
(including HAP) in the liquid phase sion stream
Pi* = vapor pressure of each HAP in the ves- i = identifier for a HAP compound
sel headspace at any temperature be-
tween the initial and final heatup tem- (2) If the vessel contents are heated
peratures, mmHg. to a temperature that is higher than 10
Pj* = vapor pressure of each condensable VOC K below the boiling point and less than
(including HAP) in the vessel headspace the boiling point, emissions must be
at any temperature between the initial calculated using the procedures in
and final heatup temperatures, mmHg. paragraph (d)(2)(i)(C)(2)(i), or (ii), or (iii)
760 = atmospheric pressure, mmHg of this section.
MWHAP = the average molecular weight of
HAP present in the displaced gas (i) Use Equation 13 of this subpart. In
Dh = number of moles of noncondensable gas Equation 13 of this subpart, the HAP
displaced vapor pressures must be determined at
V = volume of free space in the vessel the temperature 10 K below the boiling
R = ideal gas law constant point. In the calculation of Dh for
T1 = initial temperature of vessel contents, Equation 13 of this subpart, T2 must be
absolute the temperature 10 K below the boiling
T2 = final temperature of vessel contents, ab-
point, and Pa2 must be determined at ER21SE98.014</GPH>
solute
Pan = partial pressure of noncondensable gas the temperature 10 K below the boiling
in the vessel headspace at initial (n = 1) point.
and final (n = 2) temperature (ii) Use Equation 14 of this subpart.
Patm = atmospheric pressure (when Dh is used In Equation 14 of this subpart, the HAP
in Equation 13 of this subpart, Patm may partial pressures must be deter mined
ER21SE98.013</GPH>
be set equal to 760 mmHg for any vessel) at the temperature 10 K below the boil-
(Pj)Tn = partial pressure of each condensable ing point. In the calculation of Dh for
compound (including HAP) in the vessel
headspace at the initial temperature (n =
Equation 14 of this subpart, T2 must be
1) and final (n = 2) temperature the temperature 10 K below the boiling
m = number of condensable compounds (in- point, and Pa2 must be determined at

ER21SE98.012</GPH>
cluding HAP) in the displaced vapor the temperature 10 K below the boiling
j = identifier for a condensable compound point. In the calculation of MWHAP, the
180
ER21SE98.011</GPH>
HAP partial pressures must be deter- of either the final temperature or the
mined at the temperature 10 K below temperature 5 K below the boiling
the boiling point. point. If the initial temperature is
(iii) Use Equation 14 of this subpart higher than 10 K below the boiling
over specific temperature increments. point, emissions are calculated over
If the initial temperature is lower than one increment from the initial tem-
10 K below the boiling point, emissions perature to the lower of either the final
must be calculated as the sum over two temperature or the temperature 5 K
increments; one increment is from the below the boiling point.
initial temperature to 10 K below the (3)(i) Emissions caused by heating a
boiling point, and the second is from 10 vessel are calculated using Equation 18
K below the boiling point to the lower of this subpart.
⎛ ⎛ n ⎞ ⎞
⎜ ⎜ T ∑ Pi,1
P − ( )⎟ ⎟
E = MWHAP ⎜
× N avg × ln⎜
⎜ ⎜
i =1
n
⎟
(
⎟ − n i,2 − n i,1 )⎟
⎟
( Eq. 18)
⎜ ⎜ PT − ∑ Pi,2
⎝
( ) ⎟
⎠
⎟
⎝ i =1 ⎠
Where: ni, = number of moles of condensable in the

1
E = mass of HAP vapor displaced from the vessel headspace at T1
vessel being heated ni, 2 = number of moles of condensable in the
Navg = average gas space molar volume dur- vessel headspace at T2
ing the heating process n = number of HAP compounds in the emis-
PT= total pressure in the vessel sion stream
Pi, 1 = partial pressure of the individual HAP
compounds at T1 (ii) The average gas space molar vol-
Pi, 2 = partial pressure of the individual HAP ume during the heating process is cal-
compounds at T2 culated using Equation 19 of this sub-
MWHAP = average molecular weight of the
HAP compounds
part.
VPT ⎛ 1 1⎞
N avg = ⎜ + ⎟ ( Eq. 19)
2 R ⎝ T1 T2 ⎠
Where: T2 = final temperature of the vessel

Navg = average gas space molar volume dur-
(iii) The difference in the number of
ing the heating process
V = volume of free space in vessel moles of condensable in the vessel
PT = total pressure in the vessel headspace between the initial and final
R = ideal gas law constant temperatures is calculated using Equa-
T1 = initial temperature of the vessel tion 20 of this subpart.
n n
(n i,2 − n i,1 ) = (R)(VT ) ∑ Pi,2 − (R)(VT ) ∑ Pi,1
ER21SE98.017</GPH>
( Eq. 20)
2 i =1 1 i =1
ER21SE98.016</GPH>
Where: R = ideal gas law constant

V = volume of free space in vessel T1 = initial temperature in the vessel
181
ER21SE98.015</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
T2 = final temperature in the vessel Where:
Pi, 1 = partial pressure of the individual HAP Vnc1 = initial volume of noncondensable gas
compounds at T1 in the vessel
Pi, 2 = partial pressure of the individual HAP Vnc2 = final volume of noncondensable gas in
compounds at T2 the vessel
n = number of HAP compounds in the emis- V = free volume in the vessel being depres-
sion stream surized
(4) If the vessel contents are heated Pnc1 = initial partial pressure of the non-
to the boiling point, emissions must be condensable gas, as calculated using
calculated using the procedure in para- Equation 23 of this subpart, mmHg
Pnc2 = final partial pressure of the non-
graphs (d)(2)(i)(C)(4)(i) and (ii) of this condensable gas, as calculated using
section. Equation 24 of this subpart, mmHg
(i) Use either of the procedures in 760 = atmospheric pressure, mmHg
paragraph (d)(3)(i)(B)(3) of this section
to calculate the emissions from heat- (2) The initial and final partial pres-
ing to the boiling point (note that Pa2 sures of the noncondensable gas in the
= 0 in the calculation of Dh); and vessel are determined using Equations
(ii) While boiling, the vessel must be 23 and 24 of this subpart:
operated with a properly operated proc-
( )( )
m
Pnc1 = P1 − ∑ Pj ∗ x j
ess condenser. An initial demonstra-
tion that a process condenser is prop- ( Eq. 23)
erly operated is required for some proc- j =1
ess condensers, as described in para-
( )( )
graph (d)(3)(iii) of this section. m
(D) Depressurization. Emissions from Pnc 2 = P2 − ∑ Pj ∗ x j ( Eq. 24)
depressurization shall be calculated j =1
using the procedures in either para- Where:
graphs (d)(2)(i)(D)(1) through (4), para- Pnc1 = initial partial pressure of the non-
graphs (d)(2)(i)(D)(5) through (9), or condensable gas
paragraph (d)(2)(i)(D)(10) of this sec- Pnc2 = final partial pressure of the non-
tion. condensable gas
(1) Equations 21 and 22 of this subpart P1 = initial vessel pressure
are used to calculate the initial and P2 = final vessel pressure
final volumes of noncondensable gas Pj* = vapor pressure of each condensable (in-
present in the vessel, adjusted to at- cluding HAP) in the emission stream
xj = mole fraction of each condensable (in-
mospheric pressure. The HAP partial
cluding HAP) in the liquid phase
pressures may be calculated using m = number of condensable compounds (in-
Raoult’s law. cluding HAP) in the emission stream
j = identifier for a condensable compound
VPnc1
Vnc1 = ( Eq. 21) (3) The average ratio of moles of non-
760 condensable to moles of an individual
HAP in the emission stream is cal-
ER29AU00.005</GPH>
VPnc 2 culated using Equation 25 of this sub-
Vnc 2 = ( Eq. 22) part; this calculation must be repeated
760 for each HAP in the emission stream:
ER21SE98.021</GPH>
⎛ Pnc1 Pnc 2 ⎞
⎜ ( P ∗)(x ) + ( P ∗)(x ) ⎟
⎝ i i i i ⎠
n Ri = (Eq. 25)
2
ER21SE98.020</GPH>
Where: Pnc1 = initial partial pressure of the non-

condensable gas, as calculated using
nRi = average ratio of moles of nonconden-

Equation 23 of this subpart
ER21SE98.019</GPH>
sable to moles of individual HAP
182
ER21SE98.018</GPH>
Pnc2 = final partial pressure of the non- n = number of HAP compounds
condensable gas, as calculated using i = identifier for a HAP compound
Pi* = vapor pressure of each individual HAP (4) The mass of HAP emitted shall be
xi = mole fraction of each individual HAP in calculated using Equation 26 of this
the liquid phase. subpart:
n
Patm MWi
E = (Vnc1 − Vnc 2 ) × × ∑ (Eq. 26)
RT i=1 n Ri
Where:
E = mass of HAP emitted VPnc1
Vnc1 = initial volume of noncondensable gas n1 = ( Eq. 28)
in the vessel, as calculated using Equa- RT
tion 21 of this subpart
Vnc2 = final volume of noncondensable gas in VPnc 2
the vessel, as calculated using Equation n2 = ( Eq. 29)
22 of this subpart RT
nRi = average ratio of moles of nonconden- Where:
sable to moles of individual HAP, as cal-
n1 = initial number of moles of nonconden-
culated using Equation 25 of this subpart
sable gas in the vessel
Patm = atmospheric pressure, standard
n2 = final number of moles of noncondensable
gas in the vessel
T = temperature of the vessel, absolute
MWi = molecular weight of each HAP V = free volume in the vessel being depres-
surized
(5) The moles of HAP vapor initially Pnc1 = initial partial pressure of the non-
in the vessel are calculated using the condensable gas, as calculated using
ideal gas law using Equation 27 of this Equation 23 of this subpart
subpart: Pnc2 = final partial pressure of the non-
condensable gas, as calculated using
n HAP =
(YHAP )(V)(P1 ) ( Eq. 27)
T = temperature, absolute
RT
Where: (7) The initial and final partial pres-
YHAP = mole fraction of HAP (the sum of the sures of the noncondensable gas in the
individual HAP fractions, SYi) vessel are determined using Equations
V = free volume in the vessel being depres- 23 and 24 of this subpart.
surized (8) The moles of HAP emitted during
P1 = initial vessel pressure the depressurization are calculated by
R = ideal gas law constant taking an approximation of the aver-
ER21SE98.027</GPH>
T = vessel temperature, absolute
age ratio of moles of HAP to moles of
(6) The initial and final moles of non- noncondensable and multiplying by the
condensable gas present in the vessel total moles of noncondensables re-
are calculated using Equations 28 and leased during the depressurization,
29 of this subpart: using Equation 30 of this subpart: ER21SE98.026</GPH>
⎛ n HAP,1 n HAP,2 ⎞
⎜ + ⎟
⎝ n1 n2 ⎠
ER21SE98.025</GPH>
n HAP =
2
[ n1 − n 2 ] ( Eq. 30)
where: n1 = initial number of moles of nonconden-

ER21SE98.024</GPH>
nHAP = moles of HAP emitted sable gas in the vessel, as calculated

using Equation 28 of this subpart
183
ER29AU00.006</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
n2 = final number of moles of noncondensable E = mass of HAP emitted
gas in the vessel, as calculated using hHAP = moles of HAP emitted, as calculated
Equation 29 of this subpart using Equation 30 of this subpart
MWHAP = average molecular weight of the
(9) The mass of HAP emitted can be
HAP as calculated using Equation 17 of
calculated using Equation 31 of this this subpart
subpart:
(10) Emissions from depressurization
E=hHAP * MWHAP (Eq. 31) may be calculated using equation 32 of
where: this subpart:
⎛ ⎞
( )
m
⎜ 1 ∑ Pj ⎟ n
P −
E=
V
× 1n ⎜
j=1 ⎟ × ∑ ( Pi )(MWi ) ( Eq. 32)
⎜ ⎟ i =1
( )
m
( R )(T )
⎜ P2 − ∑ Pj ⎟
⎝ j=1 ⎠
Where: m = number of condensable compounds (in-

V = free volume in vessel being depressurized cluding HAP) in the emission stream
R = ideal gas law constant i = identifier for a HAP compound
T = temperature of the vessel, absolute j = identifier for a condensable compound.
P1 = initial pressure in the vessel (E) Vacuum systems. Emissions from
P2 = final pressure in the vessel vacuum systems may be calculated
Pj = partial pressure of the individual con-
densable compounds (including HAP)
using Equation 33 of this subpart if the
MWi = molecular weight of the individual air leakage rate is known or can be ap-
HAP compounds proximated. The individual HAP par-
n = number of HAP compounds in the emis- tial pressures may be calculated using
sion stream Raoult’s Law.
⎛ n ⎞
⎜ ∑ Pi MWi ⎟
( La )( t ) ⎜ i =1 ⎟
E= (Eq. 33)
MWnc ⎜ m ⎟
⎜ Psystem − ∑ Pj ⎟
⎝ j=1 ⎠
Where: MWnc = molecular weight of noncondensable

E = mass of HAP emitted gas
t = time of vacuum operation
Psystem = absolute pressure of receiving vessel
MWi = molecular weight of the individual
or ejector outlet conditions, if there is no
HAP in the emission stream, with HAP
receiver
partial pressures calculated at the tem-
Pi = partial pressure of the HAP at the re- perature of the receiver or ejector outlet,
ceiver temperature or the ejector outlet as appropriate
conditions
Pj = partial pressure of condensable (includ- (F) Gas evolution. Emissions from gas
ing HAP) at the receiver temperature or evolution shall be calculated using
the ejector outlet conditions Equation 12 of this subpart with V cal-
La = total air leak rate in the system, mass/ culated using Equation 34 of this sub-
time part:
ER29AU00.007</GPH>
184
ER02AU01.034</MATH>
V=
(W )(R)(T)
g
(P )(MW )
( Eq. 34)
T g
Where: PT = vessel pressure

V = volumetric flow rate of gas evolution MWg = molecular weight of the evolved gas
Wg = mass flow rate of gas evolution (G) Air drying. Emissions from air
R = ideal gas law constant drying shall be calculated using Equa-
T = temperature at the exit, absolute tion 35 of this subpart:
⎛ PS1 PS 2 ⎞
E = B×⎜ − ⎟ ( Eq. 35)
⎝ 100 − PS1 100 − PS 2 ⎠
Where: (H) Empty vessel purging. Emissions

E = mass of HAP emitted from empty vessel purging shall be cal-
B = mass of dry solids culated using Equation 36 of this sub-
PS1 = HAP in material entering dryer,
part (Note: The term eMFt⁄v can be as-
weight percent
PS2 = HAP in material exiting dryer, weight sumed to be 0):
percent
⎛ V ⎛ n ⎞ ⎞
E=⎜ × ⎜ ∑ ( Pi )(MWi )⎟ 1 − e − Ft / v ⎟
⎝ RT ⎝ i =1 ⎠ ⎠
( ) ( Eq. 36)
Where: HAP emissions based on an engineering

V = volume of empty vessel assessment if the owner or operator
R = ideal gas law constant can demonstrate to the Administrator
T = temperature of the vessel vapor space; that the methods in paragraph (d)(2)(i)
absolute
of this section are not appropriate.
Pi = partial pressure of the individual HAP
at the beginning of the purge Modified versions of the engineering
(MWi) = molecular weight of the individual evaluation methods in paragraphs
HAP (d)(2)(i)(A) through (H) may be used if
F = flowrate of the purge gas the owner or operator demonstrates
t = duration of the purge that they have been used to meet other
n = number of HAP compounds in the emis- regulatory obligations, and they do not
sion stream
i = identifier for a HAP compound affect applicability assessments or
compliance determinations under this
(ii) Engineering assessments. The subpart GGG. One criterion the owner
owner or operator shall conduct an en- or operator could use to demonstrate
gineering assessment to calculate un- that the methods in paragraph (d)(2)(i)
controlled HAP emissions for each
ER21SE98.032</GPH>
of this section are not appropriate is if

emission episode that is not due to previous test data are available that
vapor displacement, purging, heating,
show a greater than 20 percent discrep-
depressurization, vacuum operations,
ancy between the test value and the es-
gas evolution, or air drying. For emis-
timated value. An engineering assess-

sion episodes caused by any of these
ER21SE98.031</GPH>
types of activities, the owner or oper- ment includes, but is not limited to,
ator also may calculate uncontrolled the following:
185
ER21SE98.030</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
(A) Previous test results, provided conditions, as determined from the

the tests are representative of current emission profile described in
operating practices at the process unit. § 63.1257(b)(8)(ii). The control efficiency
(B) Bench-scale or pilot-scale test determined from this design evaluation
data representative of the process shall be applied to uncontrolled emis-
under representative operating condi- sions to estimate controlled emissions.
tions. The documentation must be conducted
(C) Maximum flow rate, HAP emis- in accordance with the provisions in
sion rate, concentration, or other rel- paragraph (a)(1) of this section. The de-
evant parameter specified or implied sign evaluation shall also include the
within a permit limit applicable to the value(s) and basis for the parameter(s)
process vent.
monitored under § 63.1258.
(D) Design analysis based on accepted
chemical engineering principles, meas- (B) Emission estimation equations. An
urable process parameters, or physical owner or operator using a condenser as
or chemical laws or properties. Exam- a control device shall determine con-
ples of analytical methods include, but trolled emissions using exhaust gas
are not limited to: temperature measurements and cal-
(1) Use of material balances based on culations for each batch emission epi-
process stoichiometry to estimate sode within each unit operation accord-
maximum organic HAP concentrations. ing to the engineering methodology in
(2) Estimation of maximum flow rate paragraphs (d)(3)(i)(B)(1) through (8) of
based on physical equipment design this section. Individual HAP partial
such as pump or blower capacities. pressures shall be calculated as speci-
(3) Estimation of HAP concentrations fied in paragraph (d)(2)(i) of this sec-
based on saturation conditions. tion.
(E) All data, assumptions, and proce- (1) Emissions from vapor displace-
dures used in the engineering assessment shall be calculated using Equa-
ment shall be documented in accord- tion 11 of this subpart with T set equal
ance with § 63.1260(e). Data or other in- to the temperature of the receiver and
formation supporting a finding that the HAP partial pressures determined
the emissions estimation equations are at the temperature of the receiver.
inappropriate shall be reported in the
(2) Emissions from purging shall be
Precompliance report.
(3) Controlled emissions. An owner or calculated using Equation 12 of this
operator shall determine controlled subpart with T set equal to the tem-
emissions using the procedures in ei- perature of the receiver and the HAP
ther paragraph (d)(3)(i) or (ii) of this partial pressures determined at the
section. temperature of the receiver.
(i) Small control devices. Except for (3) Emissions from heating shall be
condensers, controlled emissions for calculated using either Equation 13 of
each process vent that is controlled this subpart or Equation 37 of this sub-
using a small control device shall be part. In Equation 13, the HAP vapor
determined by using the design evalua- pressures shall be determined at the
tion described in paragraph (d)(3)(i)(A) temperature of the receiver. In Equa-
of this section, or conducting a per- tions 13 and 37 of this subpart, Dh is
formance test in accordance with para- equal to the number of moles of non-
graph (d)(3)(ii) of this section. When- condensable displaced from the vessel,
ever a small control device becomes a as calculated using Equation 15 of this
large control device, the owner or oper- subpart. In Equations 13 and 37 of this
ator must comply with the provisions subpart, the HAP average molecular
in paragraph (d)(3)(ii) of this section weight shall be calculated using Equa-
and submit the test report in the next tion 17 with the HAP partial pressures
Periodic report. determined at the temperature of the
(A) Design evaluation. The design
receiver.
evaluation shall include documenta-
tion demonstrating that the control

device being used achieves the required
control efficiency under worst-case
186
Pj = partial pressure of the individual con-
n densable (including HAP) at the receiver
∑ Pi temperature
n = number of HAP compounds in the emis-
i =1
E = Δη × m
× MWHAP ( Eq. 37) sion stream
PT − ∑ Pj
MWHAP = the average molecular weight of
j =1 HAP in vapor exiting the receiver, as cal-
Where: culated using Equation 17 of this subpart
m = number of condensable compounds (in-
E = mass of HAP emitted cluding HAP) in the emission stream
Dh = moles of noncondensable gas displaced
PT = pressure in the receiver (4)(i) Emissions from depressurization
Pi = partial pressure of the individual HAP shall be calculated using Equation 38 of
at the receiver temperature this subpart.
n
∑ (Pi )
E = (Vnc1 − Vnc 2 ) × i =1 PT
× × MWHAP ( Eq. 38)
( )
m
RT
PT − ∑ Pj
j =1
Where:
E = mass of HAP vapor emitted VPnc 2
Vnc1 = initial volume of noncondensable in Vnc 2 = ( Eq. 40)
the vessel, corrected to the final pres- PT
sure, as calculated using Equation 39 of Where:
this subpart Vnc1 = initial volume of noncondensable gas
Vnc2 = final volume of noncondensable in the in the vessel
vessel, as calculated using Equation 40 of Vnc2 = final volume of noncondensable gas in
this subpart the vessel
Pi = partial pressure of each individual HAP V = free volume in the vessel being depres-
at the receiver temperature surized
Pj = partial pressure of each condensable (in- Pnc1 = initial partial pressure of the non-
cluding HAP) at the receiver tempera- condensable gas, as calculated using
ER21SE98.038</GPH>
ture Equation 41 of this subpart
PT = receiver pressure Pnc2 = final partial pressure of the non-
T = temperature of the receiver condensable gas, as calculated using
R = ideal gas law constant Equation 42 of this subpart
MWHAP = the average molecular weight of PT = pressure of the receiver
ER21SE98.037</GPH>
HAP calculated using Equation 17 of this
subpart with partial pressures deter- (iii) Initial and final partial pressures
mined at the receiver temperature of the noncondensable gas in the vessel
i = identifier for a HAP compound are determined using Equations 41 and
n = number of HAP compounds in the emis- 42 of this subpart.
sion stream ER21SE98.036</GPH>
m = number of condensable compounds (in- m

cluding HAP) in the emission stream Pnc1 = P1 − ∑ Pj ( Eq. 41)
j =1
(ii) The initial and final volumes of
noncondensable gas present in the ves- m
Pnc 2 = P2 − ∑ Pj
ER21SE98.035</GPH>
sel, adjusted to the pressure of the re- ( Eq. 42)

ceiver, are calculated using Equations j =1
39 and 40 of this subpart. Where:
Pnc1 = initial partial pressure of the non-
VPnc1
Vnc1 = condensable gas in the vessel
ER21SE98.034</GPH>
( Eq. 39) Pnc2 = final partial pressure of the non-

PT condensable gas in the vessel
187
ER21SE98.033</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
P1 = initial vessel pressure ceiver temperature, and the HAP par-
P2 = final vessel pressure tial pressures determined at the re-
Pj = partial pressure of each condensable ceiver temperature. The term for time,
compound (including HAP) in the vessel t, in Equation 12 of this subpart is not
m = number of condensable compounds (in- needed for the purposes of this calcula-
cluding HAP) in the emission stream
tion.
(7) Emissions from air drying shall be
(5) Emissions from vacuum systems calculated using Equation 11 of this
shall be calculated using Equation 33 of subpart with V equal to the air flow
this subpart. rate and Pi determined at the receiver
(6) Emissions from gas evolution temperature.
shall be calculated using Equation 12 (8) Emissions from empty vessel
with V calculated using Equation 34 of purging shall be calculated using equa-
this subpart, T set equal to the re- tion 43 of this subpart:
⎛ ⎛ ⎛ n ⎞ ⎞⎞
⎜ ⎛ n ( Pi ) (MWi ) ⎞ n ( Pi ) ( MWi ) ⎞ ⎜ ⎜ ∑ ( i ) T2 ⎟ ⎟⎟
⎛ P
V
E = ⎜⎜∑
R ⎜ ⎜⎝ i =1
T1
T1
⎟
⎟ (
− e − Ft / V − ⎜ ∑ )
⎜ i =1
T2
T2
⎟ ⎜ ln ⎜ i =1
⎟⎜ ⎜ n
⎟ +
⎟ ⎟⎟
1⎟⎟ ( Eq. 43)
⎜ ⎜ ∑ ( Pi ) T1 ⎟ ⎟ ⎟
⎜ ⎠ ⎝ ⎠
⎝ ⎝ ⎝ i =1 ⎠ ⎠⎠
Where: ganic HAP is zero percent. If the con-

V = volume of empty vessel trol device is intended to control only
R = ideal gas law constant organic HAP, the owner or operator
T1 = temperature of the vessel vapor space at may assume the control efficiency for
beginning of purge hydrogen halides and halogen is zero
T2 = temperature of the receiver, absolute percent. Owners and operators are not
(Pi)T1 = partial pressure of the individual
HAP at the beginning of the purge
required to conduct performance tests
(Pi)T2 = partial pressure of the individual for devices described in paragraphs
HAP at the receiver temperature (a)(4) and (d)(4) of this section that are
MWi = molecular weight of the individual large control devices, as defined in
HAP § 63.1251.
F = flowrate of the purge gas (A) The performance test shall be
t = duration of the purge conducted by performing emission test-
n = number of HAP compounds in the emis- ing on the inlet and outlet of the con-
sion stream
trol device following the test methods
and procedures of § 63.1257(b). Con-
(ii) Large control devices. Except for centrations shall be calculated from
condensers, controlled emissions for the data obtained through emission
each process vent that is controlled testing according to the procedures in
using a large control device shall be de- paragraph (a)(2) of this section.
termined by applying the control effi- (B) Performance testing shall be con-
ciency of the large control device to ducted under absolute, or hypothetical
the estimated uncontrolled emissions. worst-case conditions, as defined in
The control efficiency shall be deter- paragraphs (b)(8)(i)(A) through (B) of
mined by conducting a performance this section.
test on the control device as described (C) The owner or operator may elect
in paragraphs (d)(3)(ii)(A) through (C) to conduct more than one performance
of this section, or by using the results test on the control device for the pur-
of a previous performance test as de- pose of establishing more than one op-
scribed in paragraph (d)(4) of this sec- erating condition at which the control
tion. If the control device is intended device achieves the required control ef-
to control only hydrogen halides and ficiency.

halogens, the owner or operator may (iii) Initial compliance demonstration
assume the control efficiency of or- for condensers—(A) Air pollution control
188
ER21SE98.039</GPH>
devices. During periods in which a con- § 63.1256(a)(2) if the owner or operator

denser functions as an air pollution determines the annual average con-
control device, controlled emissions centration and annual load are below
shall be calculated using the emission all of the applicability cutoffs specified
estimation equations described in para- in § 63.1256(a)(1)(i)(A) through (D). For
graph (d)(3)(i)(B) of this section. annual average concentration, only ini-
(B) Process condensers. During periods tial rinses are included. Concentration
when the condenser is operating as a measurements based on Method 305
process condenser, the owner or oper- shall be adjusted by dividing each con-
ator is required to demonstrate that centration by the compound-specific
the process condenser is properly oper- Fm factor listed in Table 8 of this sub-
ated if the process condenser meets ei- part. Concentration measurements
ther of the criteria described in para- based on methods other than Method
graphs (d)(3)(iii)(B)(1) and (2) of this 305 may not be adjusted by the com-
section. The owner or operator must ei- pound-specific Fm factor listed in
ther measure the condenser exhaust Table 8 of this subpart.
gas temperature and show it is less (i) Annual average concentration defi-
than the boiling or bubble point of the nition. (A) When complying with
substance(s) in the vessel, or perform a § 63.1256(a)(1)(i)(A), the annual average
material balance around the vessel and concentration means the total mass of
condenser to show that at least 99 per- partially soluble HAP compounds oc-
cent of the material vaporized while curring in the wastewater stream dur-
boiling is condensed. The initial dem- ing the calendar year divided by the
onstration shall be conducted for all total mass of the wastewater stream
appropriate operating scenarios and discharged during the same calendar
documented in the Notification of year.
Compliance Status report described in (B) When complying with
§ 63.1260(f). § 63.1256(a)(1)(i) (B) or (C), the annual
(1) The process condenser is not fol- average concentration means the total
lowed by an air pollution control de- mass of partially soluble and/or soluble
vice; or HAP compounds occurring in the
(2) The air pollution control device wastewater stream during the calendar
following the process condenser is not year divided by the total mass of the
a condenser or is not meeting the alter- wastewater stream discharged during
native standard of § 63.1254(c). the same calendar year.
(4) An owner or operator is not re- (C) When complying with
quired to conduct a performance test § 63.1256(a)(1)(i)(D), the annual average
for the following: concentration means the total mass of
(i) Any control device for which a soluble HAP compounds occurring in
previous performance test was con- the wastewater stream during the cal-
ducted, provided the test was con- endar year divided by the total mass of
ducted using the same procedures spec- the wastewater stream discharged dur-
ified in § 63.1257(b) over conditions typ- ing the same calendar year.
ical of the appropriate worst-case, as (ii) Determination of annual average
defined in § 63.1257(b)(8)(i). The results concentration. An owner or operator
of the previous performance test shall shall determine annual average con-
be used to demonstrate compliance. centrations of partially soluble and/or
(e) Compliance with wastewater provi- soluble HAP compounds in accordance
sions—(1) Determining annual average with the provisions specified in para-
concentration and annual load. To deter- graph (e)(1)(ii)(A), (B), or (C) of this
mine the annual average concentration section. The owner or operator may de-
and annual load of partially soluble termine annual average concentrations
and/or soluble HAP compounds in a by process simulation. Data and other
wastewater stream, as required by information supporting the simulation
§ 63.1256(a)(1), an owner or operator shall be reported in the Precompliance
shall comply with the provisions in Report for approval by the Adminis-
paragraphs (e)(1)(i) through (iii) of this trator. The annual average concentra-
section. A wastewater stream is ex- tion shall be determined either at the
empt from the requirements of POD or downstream of the POD with
189
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
adjustment for concentration changes analytical variability were accounted

made according to paragraph for in the determination of HAP con-
(e)(1)(ii)(D) of this section. centrations. Documentation of the
(A) Test methods. The concentration pilot-scale or bench scale analysis shall
of partially soluble HAP, soluble HAP, be provided in the precompliance re-
or total HAP shall be measured using port.
any of the methods described in para- (D) Adjustment for concentrations de-
graphs (b)(10)(i) through (iv) of this sec- termined downstream of the POD. The
tion. owner or operator shall make correc-
(B) Knowledge of the wastewater tions to the annual average concentra-
stream. The concentration of partially tion when the concentration is deter-
soluble HAP, soluble HAP, or total mined downstream of the POD at a lo-
HAP shall be calculated based on cation where: two or more wastewater
knowledge of the wastewater stream streams have been mixed; one or more
according to the procedures in para- wastewater streams have been treated;
graphs (e)(1)(ii)(B)(1) and (2) of this sec- or, losses to the atmosphere have oc-
tion. The owner or operator shall docu- curred. The owner or operator shall
ment concentrations in the Notifica- make the adjustments either to the in-
tion of Compliance Status report de- dividual data points or to the final an-
scribed in § 63.1260(f). nual average concentration.
(1) Mass balance. The owner or oper- (iii) Determination of annual load. An
ator shall calculate the concentrations owner or operator shall calculate the
of HAP compounds in wastewater con- partially soluble and/or soluble HAP
sidering the total quantity of HAP dis- load in a wastewater stream based on
charged to the water, the amount of the annual average concentration de-
water at the POD, and the amounts of termined in paragraph (e)(1)(ii) (A), (B),
water and solvent lost to other mecha- or (C) of this section and the total vol-
nisms such as reactions, air emissions, ume of the wastewater stream, based
or uptake in product or other proc- on knowledge of the wastewater stream
essing materials. The quantities of in accordance with paragraphs
HAP and water shall be based on batch (e)(1)(ii)(B) of this section. The owner
sheets, manufacturing tickets, or FDA or operator shall maintain records of
bills of materials. In cases where a the total liters of wastewater dis-
chemical reaction occurs that gen- charged per year as specified in
erates or consumes HAP, the amount § 63.1259(b).
of HAP remaining after a reaction (2) Compliance with treatment unit con-
shall be based on stoichometry assum- trol provisions—(i) Performance tests and
ing 100 percent theoretical consump- design evaluations-general. To comply
tion or yield, as applicable. with the control options in § 63.1256(g)
(2) Published water solubility data. For (10) or (13), neither a design evaluation
single components in water, owners nor a performance test is required. For
and operators may use the water any other nonbiological treatment
solubilities published in standard ref- process, the owner or operator shall
erence texts at the POD temperature conduct either a design evaluation as
to determine maximum HAP con- specified in paragraph (e)(2)(ii) of this
centration. section, or a performance test as speci-
(C) Bench scale or pilot-scale test data. fied in paragraph (e)(2)(iii) of this sec-
The concentration of partially soluble tion to demonstrate that each non-
HAP, soluble HAP, or total HAP shall biological treatment process used to
be calculated based on bench scale or comply with § 63.1256(g) (8), (9), and/or
pilot-scale test data. The owner or op- (12) achieves the conditions specified
erator shall provide sufficient informa- for compliance. The owner or operator
tion to demonstrate that the bench- shall demonstrate by the procedures in
scale or pilot-scale test concentration either paragraph (e)(2) (ii) or (iii) of
data are representative of actual HAP this section that each closed biological
concentrations. The owner or operator treatment process used to comply with
shall also provide documentation de- § 63.1256 (g)(8)(ii), (g)(9)(ii), (g)(11), or

scribing the testing protocol, and the (g)(12) achieves the conditions specified
means by which sample variability and for compliance. If an open biological
190
treatment unit is used to comply with operator shall record the process infor-
§ 63.1256 (g)(8)(ii), (g)(9)(ii), (g)(11), or mation that is necessary to document
(g)(12), the owner or operator shall operating conditions during the test.
comply with the performance test re- (2) Representative treatment process op-
quirements in paragraph (e)(2)(iii) of erating conditions. Performance tests
this section. shall be conducted when the treatment
(ii) Design evaluation. A design eval- process is operating at a representative
uation and supporting documentation inlet flow rate and concentration. If
that addresses the operating character- the treatment process will be operating
istics of the treatment process and at several different sets of representa-
that is based on operation at a waste- tive operating conditions, the owner or
water stream flow rate and a con- operator shall comply with paragraphs
centration under which it would be (e)(2)(iii)(A)(2)(i) and (ii) of this section.
most difficult to demonstrate compli- The owner or operator shall record in-
ance. For closed biological treatment formation that is necessary to docu-
processes, the percent reduction from ment treatment process or control de-
removal/destruction in the treatment vice operating conditions during the
unit and control device shall be deter- test.
mined by a mass balance over the unit. (i) Range of operating conditions. If the
The mass flow rate of soluble and/or treatment process will be operated at
partially soluble HAP compounds several different sets of representative
exiting the treatment process shall be operating conditions, performance
the sum of the mass flow rate of solu- testing over the entire range is not re-
ble and/or partially soluble HAP com- quired. In such cases, the performance
pounds in the wastewater stream test results shall be supplemented with
exiting the biological treatment proc- modeling and/or engineering assess-
ess and the mass flow rate of the vent- ments to demonstrate performance
ed gas stream exiting the control de-
over the operating range.
vice. The mass flow rate entering the
(ii) Consideration of residence time. If
treatment process minus the mass flow
concentration and/or flow rate to the
rate exiting the process determines the
actual mass removal. Compounds that treatment process are not relatively
meet the requirements specified in constant (i.e., comparison of inlet and
paragraph (e)(2)(iii)(A)(4) of this sec- outlet data will not be representative
tion are not required to be included in of performance), the owner or operator
the design evaluation; the term ‘‘per- shall consider residence time, when de-
formance test’’ in paragraph termining concentration and flow rate.
(e)(2)(iii)(A)(4) of this section shall (3) Testing equipment. All testing
mean ‘‘design evaluation’’ for the pur- equipment shall be prepared and in-
poses of this paragraph. stalled as specified in the applicable
(iii) Performance tests. Performance test methods, or as approved by the
tests shall be conducted using test Administrator.
methods and procedures that meet the (4) Compounds not required to be con-
applicable requirements specified in sidered in performance tests. Compounds
paragraphs (e)(2)(iii)(A) through (G) of that meet the requirements specified
this section. in (e)(2)(iii)(A)(4)(i), (ii), or (iii) of this
(A) General. This paragraph specifies section are not required to be included
the general procedures for performance in the performance test. Concentration
tests that are conducted to dem- measurements based on Method 305
onstrate compliance of a treatment shall be adjusted by dividing each con-
process with the control requirements centration by the compound-specific
specified in § 63.1256(g). Fm factor listed in Table 8 of this sub-
(1) Representative process unit oper- part. Concentration measurements
ating conditions. Compliance shall be based on methods other than Method
demonstrated for representative oper- 305 shall not be adjusted by the com-
ating conditions. Operations during pe- pound-specific Fm factor listed in
riods of malfunction and periods of Table 8 of this subpart.

nonoperation shall not constitute rep- (i) Compounds not used or produced
resentative conditions. The owner or by the PMPU; or
191
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
(ii) Compounds with concentrations (e)(2)(iii)(A)(6)(ii) of this section. The

at the POD that are below 1 ppmw; or mass flow rate destroyed in the biologi-
(iii) Compounds with concentrations cal treatment process for which com-
at the POD that are below the lower pliance is demonstrated using para-
detection limit where the lower detec- graph (e)(2)(iii)(E) or (F) of this section
tion limit is greater than 1 ppmw. The shall be added to the mass flow rate re-
method shall be an analytical method moved or destroyed in the series of
for wastewater which has the com- treatment units before the biological
pound of interest as a target analyte. treatment unit. This sum shall be used
(5) Treatment using a series of treat- to calculate the overall control effi-
ment processes. In all cases where the ciency.
wastewater provisions in this subpart (ii) The owner or operator shall con-
allow or require the use of a treatment duct the performance test across each
process to comply with emissions limi- treatment process in the series of
tations, the owner or operator may use treatment processes. The mass flow
multiple treatment processes. The rate removed or destroyed by each
owner or operator complying with the treatment process shall be added to-
requirements of § 63.1256(g)(7)(i), when gether and the overall control effi-
wastewater is conveyed by hard-piping, ciency calculated to determine wheth-
shall comply with either paragraph er compliance has been demonstrated
(e)(2)(iii)(A)(5)(i) or (ii) of this section. using paragraphs (e)(2)(iii)(C), (D), (E),
The owner or operator complying with (F), or (G) of this section, as applicable.
the requirements of § 63.1256(g)(7)(ii) If a biological treatment process is one
shall comply with the requirements of of the treatment processes in the series
paragraph (e)(2)(iii)(A)(5)(ii) of this sec- of treatment processes, the inlet to the
tion. biological treatment process shall be
(i) The owner or operator shall con- the point at which the wastewater en-
duct the performance test across each ters the biological treatment process,
series of treatment processes. For each or the inlet to the equalization tank if
series of treatment processes, inlet all the criteria of paragraph
concentration and flow rate shall be (e)(2)(iii)(A)(6)(ii) of this section are
measured either where the wastewater met.
enters the first treatment process in a (6) The owner or operator deter-
series of treatment processes, or prior mining the inlet for purposes of dem-
to the first treatment process as speci- onstrating compliance with paragraph
fied in paragraph (e)(2)(iii)(A)(6) of this (e)(2)(iii)(E), or (F)of this section may
section. For each series of treatment elect to comply with paragraph
processes, outlet concentration and (e)(2)(iii)(A)(6)(i) or (ii) of this section.
flow rate shall be measured where the (i) When wastewater is conveyed ex-
wastewater exits the last treatment clusively by hard-piping from the point
process in the series of treatment proc- of determination to a treatment proc-
esses, except when the last treatment ess that is either the only treatment
process is an open or a closed aerobic process or the first in a series of treat-
biological treatment process dem- ment processes (i.e., no treatment
onstrating compliance by using the processes or other waste management
procedures in paragraphs (e)(2)(iii)(E) units are used upstream of this treat-
or (F) of this section. When the last ment process to store, handle, or con-
treatment process is either an open or vey the wastewater), the inlet to the
a closed aerobic biological treatment treatment process shall be at any loca-
process demonstrating compliance by tion from the point of determination to
using the procedures in paragraphs where the wastewater stream enters
(e)(2)(iii)(E) or (F) of this section, inlet the treatment process. When samples
and outlet concentrations and flow are taken upstream of the treatment
rates shall be measured at the inlet process and before wastewater streams
and outlet to the series of treatment have converged, the owner or operator
processes prior to the biological treat- shall ensure that the mass flow rate of
ment process and at the inlet to the bi- all affected wastewater is accounted
ological treatment process, except as for when using § 63.1256(g)(8)(ii),
provided in paragraph (g)(9)(ii) or (g)(12) of this subpart to
192
comply and that the mass flow rate of Samples shall be collected and ana-
all wastewater, not just affected waste- lyzed using the procedures specified in
water, is accounted for when using paragraphs (b)(10)(i) through (vi) of this
§ 63.1256(g)(11) to comply, except as pro- section. Samples may be grab samples
vided in paragraph (e)(2)(iii)(A)(4) of or composite samples. Samples shall be
this section. taken at approximately equally spaced
(ii) The owner or operator may con- time intervals over a 1-hour period.
sider the inlet to the equalization tank Each 1-hour period constitutes a run,
as the inlet to the biological treatment and the performance test shall consist
process if the wastewater is conveyed of a minimum of three runs. Con-
by hard-piping from either the last pre- centration measurements based on
vious treatment process or the point of methods other than Method 305 may be
determination to the equalization adjusted by multiplying each con-
tank; and the wastewater is conveyed centration by the compound-specific
from the equalization tank exclusively Fm factor listed in Table 8 of this sub-
by hard-piping to the biological treat- part. (For affected wastewater streams
ment process and no treatment proc- that contains both partially soluble
esses or other waste management units and soluble HAP compounds, compli-
are used to store, handle, or convey the ance is demonstrated only if the sum of
wastewater between the equalization the concentrations of partially soluble
tank and the biological treatment HAP compounds is less than 50 ppmw,
process; and the equalization tank is and the sum of the concentrations of
equipped with a fixed roof and a closed- soluble HAP compounds is less than 520
vent system that routes emissions to a ppmw.)
control device that meets the require- (C) Noncombustion, nonbiological treat-
ments of § 63.1256(b)(1)(i) through (iv) ment process: percent mass removal/de-
and § 63.1256(b)(2)(i). The outlet from struction option. This paragraph applies
the series of treatment processes prior to performance tests that are con-
to the biological treatment process is ducted to demonstrate compliance of a
the point at which the wastewater noncombustion, nonbiological treat-
exits the last treatment process in the ment process with the percent mass re-
series prior to the equalization tank, if moval limits specified in
the equalization tank and biological § 63.1256(g)(8)(ii) and (9)(ii) for partially
treatment process are part of a series soluble and soluble HAP compounds,
of treatment processes. The owner or respectively. The owner or operator
operator shall ensure that the mass shall comply with the requirements
flow rate of all affected wastewater is specified in paragraphs (e)(2)(iii)(C)(1)
accounted for when using through (5) of this section.
§ 63.1256(g)(9)(ii) or (12) to comply and (1) Concentration. The concentration
that the mass flow rate of all waste- of partially soluble and/or soluble HAP
water, not just affected wastewater is compounds entering and exiting the
accounted for when using § 63.1256(g)(11) treatment process shall be determined
to comply, except as provided in para- as provided in this paragraph. Waste-
graph (e)(2)(iii)(A)(4) of this section. water samples shall be collected using
(B) Noncombustion treatment process— sampling procedures which minimize
concentration limits. This paragraph ap- loss of organic compounds during sam-
plies to performance tests that are con- ple collection and analysis and main-
ducted to demonstrate compliance of a tain sample integrity per paragraph
noncombustion treatment process with (b)(10)(vi) of this section. The method
the ppmw wastewater stream con- shall be an analytical method for
centration limits at the outlet of the wastewater which has the compound of
treatment process. This compliance op- interest as a target analyte. Samples
tion is specified in § 63.1256(g)(8)(i) and may be grab samples or composite sam-
(9)(i). Wastewater samples shall be col- ples. Samples shall be taken at ap-
lected using sampling procedures proximately equally spaced time inter-
which minimize loss of organic com- vals over a 1-hour period. Each 1-hour
pounds during sample collection and period constitutes a run, and the per-
analysis and maintain sample integrity formance test shall consist of a min-
per paragraph (b)(10)(vi) of this section. imum of three runs. Concentration
193
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
measurements based on Method 305 the outlet flow is not greater than the
shall be adjusted by dividing each con- inlet flow, a single flow meter may be
centration by the compound-specific used, and may be used at either the
Fm factor listed in Table 8 of this sub- inlet or outlet. Flow rate measure-
part. Concentration measurements ments shall be taken at the same time
based on methods other than Method as the concentration measurements.
305 shall not be adjusted by the com- (3) Calculation of mass flow rate—for
pound-specific Fm factor listed in noncombustion, nonbiological treatment
Table 8 of this subpart. processes. The mass flow rates of par-
(2) Flow rate. The flow rate of the en- tially soluble and/or soluble HAP com-
tering and exiting wastewater streams pounds entering and exiting the treat-
shall be determined using inlet and ment process are calculated using
outlet flow meters, respectively. Where Equations 44 and 45 of this subpart.
ρ ⎛ p ⎞
QMWa = 6 ⎜∑
p ∗ 10 ⎝ k =1
( )
Q a , k ∗ C T ,a , k ⎟
⎠
( Eq. 44)
ρ ⎛ p ⎞
QMWb = 6 ⎜∑
p ∗ 10 ⎝ k =1
(
Q b, k ∗ C T , b, k ⎟
⎠
) ( Eq. 45)
Where: (5) Compare mass removal efficiency to

QMWa, QMWb = mass flow rate of partially required efficiency. Compare the mass
soluble or soluble HAP compounds, aver- removal efficiency (calculated in Equa-
age of all runs, in wastewater entering tion 46 of this subpart) to the required
(QMWa) or exiting (QMWb) the treatment efficiency as specified in
process, kg/hr
§ 63.1256(g)(8)(ii) or (9)(ii). If complying
r = density of the wastewater, kg/m3
Qa, k, Qbb, k = volumetric flow rate of waste- with § 63.1256(g)(8)(ii), compliance is
water entering (Qa, k) or exiting (Qb, k) the demonstrated if the mass removal effi-
treatment process during each run k, m3/ ciency is 99 percent or greater. If com-
hr plying with § 63.1256(g)(9)(ii), compli-
CT, a, k, CT, b, k = total concentration of par- ance is demonstrated if the mass re-
tially soluble or soluble HAP compounds moval efficiency is 90 percent or great-
in wastewater entering (CT, a, k) or exiting er.
(CT, b, k) the treatment process during (D) Combustion treatment processes:
each run k, ppmw
percent mass removal/destruction option.
p = number of runs
k = identifier for a run This paragraph applies to performance
106 = conversion factor, mg/kg tests that are conducted to dem-
onstrate compliance of a combustion
(4) Percent removal calculation for mass treatment process with the percent
flow rate. The percent mass removal mass destruction limits specified in
across the treatment process shall be § 63.1256(g)(8)(ii) for partially soluble
calculated as follows: HAP compounds, and/or
§ 63.1256(g)(9)(ii) for soluble HAP com-
QMWa − QMWb
E= ×100 ( Eq. 46) pounds. The owner or operator shall
QMWa comply with the requirements specified
in paragraphs (e)(2)(iii)(D)(1) through
Where: (8) of this section.
ER21SE98.042</GPH>
E = removal or destruction efficiency of the (1) Concentration in wastewater stream

treatment process, percent entering the combustion treatment proc-
QMWa, QMWb = mass flow rate of partially
ess. The concentration of partially
soluble or soluble HAP compounds in
wastewater entering (QMWa) and exiting soluble and/or soluble HAP compounds
(QMWb) the treatment process, kg/hr (as entering the treatment process shall be
ER21SE98.041</GPH>
calculated using Equations 44 and 45 of determined as provided in this para-

this subpart) graph. Wastewater samples shall be
194
ER21SE98.040</GPH>
collected using sampling procedures part. Concentration measurements

which minimize loss of organic com- based on methods other than Method
pounds during sample collection and 305 shall not be adjusted by the com-
analysis and maintain sample integrity pound-specific Fm factor listed in
per paragraph (b)(10)(vi) of this section. Table 8 of this subpart.
The method shall be an analytical (2) Flow rate of wastewater entering the
method for wastewater which has the combustion treatment process. The flow
compound of interest as a target rate of the wastewater stream entering
analyte. Samples may be grab samples
the combustion treatment process
or composite samples. Samples shall be
shall be determined using an inlet flow
taken at approximately equally spaced
time intervals over a 1-hour period. meter. Flow rate measurements shall
Each 1-hour period constitutes a run, be taken at the same time as the con-
and the performance test shall consist centration measurements.
of a minimum of three runs. Con- (3) Calculation of mass flow rate in
centration measurements based on wastewater stream entering combustion
Method 305 of appendix A of this part treatment processes. The mass flow rate
shall be adjusted by dividing each con- of partially soluble and/or soluble HAP
centration by the compound-specific compounds entering the treatment
Fm factor listed in Table 8 of this sub- process is calculated as follows:
ρ ⎛ p ⎞
QMWa = 6 ⎜∑
p ∗ 10 ⎝ k =1
( )
Q a , k ∗ C T ,a , k ⎟
⎠
( Eq. 47)
Where: a run, and the performance test shall

QMWa = mass flow rate of partially soluble consist of a minimum of three runs.
or soluble HAP compounds entering the Concentration measurements shall be
combustion unit, kg/hr determined using Method 18 of 40 CFR
r = density of the wastewater stream, kg/m3 part 60, appendix A. Alternatively, any
Qa, k = volumetric flow rate of wastewater en-
tering the combustion unit during run k,
other test method validated according
m3/hr to the procedures in Method 301 of ap-
CT, a, k = total concentration of partially pendix A of this part may be used.
soluble or soluble HAP compounds in the (5) Volumetric flow rate of vented gas
wastewater stream entering the combus- stream exiting the combustion treatment
tion unit during run k, ppmw process. The volumetric flow rate of the
k = identifier for a run vented gas stream exiting the combus-
p = number of runs
tion treatment process shall be deter-
(4) Concentration in vented gas stream mined using Method 2, 2A, 2C, or 2D of
exiting the combustion treatment process. 40 CFR part 60, appendix A, as appro-
The concentration of partially soluble priate. Volumetric flow rate measure-
and/or soluble HAP compounds (or ments shall be taken at the same time
TOC) exiting the combustion treat- as the concentration measurements.
ment process in any vented gas stream (6) Calculation of mass flow rate of
shall be determined as provided in this vented gas stream exiting combustion
paragraph. Samples may be grab sam- treatment processes. The mass flow rate
ples or composite samples. Samples of partially soluble and/or soluble HAP
shall be taken at approximately equal- compounds in a vented gas stream
ly spaced time intervals over a 1-hour exiting the combustion treatment
period. Each 1-hour period constitutes process shall be calculated as follows:
195
ER21SE98.043</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
⎛ n ⎞
⎝ i =1
(
QMG b = K 2 ∗ ⎜ ∑ CG b,i ∗ MWi ⎟ ∗ QG b
⎠
) ( Eq. 48)
Where: onstrated if the mass destruction effi-

QMGb = mass rate of TOC (minus methane ciency is 90 percent or greater.
and ethane) or total partially soluble (E) Open or closed aerobic biological
and/or soluble HAP, in vented gas treatment processes: 95-percent mass de-
stream, exiting (QMGb) the combustion struction option. This paragraph applies
device, dry basis, kg/hr to performance tests that are con-
CGb, i = concentration of TOC (minus meth-
ducted for open or closed aerobic bio-
ane and ethane) or total partially soluble
and/or soluble HAP, in vented gas logical treatment processes to dem-
stream, exiting (CGb, i) the combustion onstrate compliance with the 95-per-
device, dry basis, ppmv cent mass destruction provisions in
MWi = molecular weight of a component, § 63.1256(g)(11) for partially soluble and/
kilogram/kilogram-mole or soluble HAP compounds.
QGb = flow rate of gas stream exiting (QGb) (1) Concentration in wastewater stream.
the combustion device, dry standard The concentration of partially soluble
cubic meters per hour and/or soluble HAP as provided in this
K2 = constant, 41.57 × 10¥9 (parts per mil- paragraph. Concentration measure-
lion)¥1 (gram-mole per standard cubic
ments to determine E shall be taken as
meter) (kilogram/gram), where standard
temperature (gram-mole per standard provided in paragraph (e)(2)(iii)(A)(5) of
cubic meter) is 20 °C this section for a series of treatment
i = identifier for a compound processes. Wastewater samples shall be
n = number of components in the sample collected using sampling procedures
which minimize loss of organic com-
(7) Destruction efficiency calculation.
pounds during sample collection and
The destruction efficiency of the com-
analysis and maintain sample integrity
bustion unit for partially soluble and/
per paragraph (b)(10)(vi) of this section.
or soluble HAP compounds shall be cal-
The method shall be an analytical
culated as follows:
method for wastewater which has the
QMWa − QMG b compound of interest as a target
E= ∗ 100 ( Eq. 49) analyte. Samples may be grab samples
QMWa or composite samples. Samples shall be
taken at approximately equally spaced
Where:
time intervals over a 1-hour period.
E = destruction efficiency of partially solu-
Each 1-hour period constitutes a run,
ble or soluble HAP compounds for the
combustion unit, percent and the performance test shall consist
QMW2a = mass flow rate of partially soluble of a minimum of three runs. Con-
or soluble HAP compounds entering the centration measurements based on
combustion unit, kg/hr Method 305 shall be adjusted by divid-
QMGb = mass flow rate of TOC (minus meth- ing each concentration by the com-
ane and ethane) or partially soluble and/ pound-specific Fm factor listed in
or soluble HAP compounds in vented gas Table 8 of this subpart. Concentration
stream exiting the combustion treat- measurements based on methods other
ment process, kg/hr
than Method 305 shall not be adjusted
(8) Compare mass destruction efficiency by the compound-specific Fm factor
to required efficiency. Compare the mass listed in Table 8 of this subpart.
destruction efficiency (calculated in (2) Flow rate. Flow rate measure-
Equation 49 of this subpart) to the re- ments to determine E shall be taken as
quired efficiency as specified in provided in paragraph (e)(2)(iii)(A)(5) of
§ 63.1256(g)(8)(ii) or (g)(9)(ii). If com- this section for a series of treatment
plying with § 63.1256(g)(8)(ii), compli- processes. Flow rate shall be deter-
ance is demonstrated if the mass de- mined using inlet and outlet flow
struction efficiency is 99 percent or measurement devices. Where the outlet

ER21SE98.045</GPH>
greater. If complying with flow is not greater than the inlet flow,
§ 63.1256(g)(9)(ii), compliance is dem- a single flow measurement device may
196
ER21SE98.044</GPH>
be used, and may be used at either the and/or soluble HAP compounds bio-
inlet or outlet. Flow rate measure- degraded. Fbio shall be determined as
ments shall be taken at the same time specified in paragraph (e)(2)(iii)(E)(4) of
as the concentration measurements. this section and appendix C of subpart
(3) Destruction efficiency. The owner G of this part.
or operator shall comply with the pro- (ii) If compliance is being dem-
visions in either paragraph onstrated in accordance with para-
(e)(2)(iii)(E)(3)(i) or (ii) of this section. graphs (e)(2)(iii)(A)(5)(i) or (ii) of this
Compliance is demonstrated if the de- section, the removal efficiency shall be
struction efficiency, E, is equal to or calculated using Equation 50 of this
greater than 95 percent. subpart. When complying with para-
(i) If the performance test is per- graph (e)(2)(iii)(A)(5)(i) of this section,
formed across the open or closed bio- the series of nonbiological treatment
logical treatment system only, compli- processes comprise one treatment proc-
ance is demonstrated if E is equal to ess segment. When complying with
Fbio, where E is the destruction effi- paragraph (e)(2)(iii)(A)(5)(ii) of this sec-
ciency of partially soluble and/or solution, each nonbiological treatment
ble HAP compounds and Fbio is the site- process is a treatment process seg-
specific fraction of partially soluble ment.
⎛ n ⎞
( )
⎜ ∑ QMWa ,i − QMWb,i ⎟ + QMWbio ∗ Fbio
Nonbiotreatment HAP load removal + Biotreatment HAP load removal ⎝ i =1 ⎠
E= = ( Eq. 50)
Total influent HAP load QMWall
Where: in either paragraph (e)(2)(iii)(E)(4)(i) or

QMWa, i = the soluble and/or partially soluble (ii) of this section.
HAP load entering a treatment process (i) For biological treatment processes
segment that do not meet the definition for en-
QMWb, i = the soluble and/or partially soluble hanced biological treatment in § 63.1251,
HAP load exiting a treatment process the owner or operator shall determine
segment
the Fbio for the compounds in Tables 2
n = the number of treatment process seg-
ments and 3 of this subpart using any of the
i = identifier for a treatment process ele- procedures in appendix C to part 63, ex-
ment cept procedure 3 (inlet and outlet con-
QMWbio = the inlet load of soluble and/or par- centration measurements). (The sym-
tially soluble HAP to the biological bol ‘‘Fbio’’ represents the site-specific
treatment process. The inlet is defined in fraction of an individual partially solu-
accordance with paragraph ble or soluble HAP compound that is
(e)(2)(iii)(A)(6) of this section. If com- biodegraded.)
plying with paragraph (e)(2)(iii)(A)(6)(ii)
of this section, QMWbio is equal to
(ii) If the biological treatment proc-
QMWb, n ess meets the definition of ‘‘enhanced
Fbio = site-specific fraction of soluble and/or biological treatment process’’ in
partially soluble HAP compounds bio- § 63.1251, the owner or operator shall de-
degraded. Fbio shall be determined as termine Fbio for the compounds in
specified in paragraph (e)(2)(iii)(E)(4) of Table 2 of this subpart using any of the
this section and Appendix C of subpart G procedures specified in appendix C to
of this part. part 63. The owner or operator shall
QMWall = the total soluble and/or partially calculate Fbio for the compounds in
soluble HAP load to be treated.
Table 3 of this subpart using the de-
(4) Site-specific fraction biodegraded faults for first order biodegradation
(Fbio). The procedures used to deter- rate constants (K1) in Table 9 of this
mine the compound-specific kinetic pa- subpart and follow the procedure ex-
rameters for use in calculating Fbio dif- plained in Form III of appendix C, 40
fer for the compounds listed in Tables CFR part 63, or any of the procedures
2 and 3 of this subpart. An owner or op- specified in appendix C of 40 CFR part
erator shall calculate Fbio as specified 63.
197
ER21SE98.046</GPH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
(F) Open or closed aerobic biological (1) Comply with the procedures speci-
treatment processes: percent removal for fied in paragraphs (e)(2)(iii)(C) (1)
partially soluble or soluble HAP com- through (3) of this section to determine
pounds. This paragraph applies to the characteristics of the wastewater en-
use of performance tests that are con- tering the biological treatment unit,
ducted for open or closed aerobic bio- except that the term ‘‘partially soluble
logical treatment processes to dem- and/or soluble HAP’’ shall mean ‘‘solu-
onstrate compliance with the percent ble HAP’’ for the purposes of this sec-
removal provisions for either partially tion if the owner or operator is com-
soluble HAP compounds in plying with § 63.1256(g)(9)(ii) or (g)(12),
§ 63.1256(g)(8)(ii) or soluble HAP com- and it shall mean ‘‘partially soluble
pounds in § 63.1256(g)(9)(ii) or (g)(12). HAP’’ if the owner or operator is com-
The owner or operator shall comply plying with § 63.1256(g)(8)(ii).
with the provisions in paragraph (2) Comply with the procedures speci-
fied in paragraphs (e)(2)(iii)(D) (4)
(e)(2)(iii)(E) of this section, except that
through (6) of this section to determine
compliance with § 63.1256(g)(8)(ii) shall
the characteristics of gas vent streams
be demonstrated when E is equal to or
exiting a control device, with the dif-
greater than 99 percent, compliance
ferences noted in paragraphs
with § 63.1256(g)(9)(ii) shall be dem- (e)(2)(iii)(G)(3) (i) and (ii) of this sec-
onstrated when E is equal to or greater tion.
than 90 percent, and compliance with (i) The term ‘‘partially soluble and/or
§ 63.1256(g)(12) shall be demonstrated soluble HAP’’ shall mean ‘‘soluble
when E is equal to or greater than 99 HAP’’ for the purposes of this section if
percent. the owner or operator is complying
(G) Closed biological treatment proc- with § 63.1256(g)(9)(ii) or (g)(12), and it
esses: percent mass removal option. This shall mean ‘‘partially soluble HAP’’ if
paragraph applies to the use of per- the owner or operator is complying
formance tests that are conducted for with § 63.1256(g)(8)(ii).
closed biological treatment processes (ii) The term ‘‘combustion treatment
to demonstrate compliance with the process’’ shall mean ‘‘control device’’
percent removal provisions in for the purposes of this section.
§§ 63.1256(g)(8)(ii), (g)(9)(ii), (g)(11), or (3) Percent removal/destruction calcula-
(g)(12). The owner or operator shall tion. The percent removal and destruc-
comply with the requirements specified tion across the treatment unit and any
in paragraphs (e)(2)(iii)(G) (1) through control device(s) shall be calculated
(4) of this section. using Equation 51 of this subpart:
E=
(QMWa − (QMWb + QMG b )) ( Eq. 51)
QMWa
Where: (4) Compare mass removal/destruction

E = removal and destruction efficiency of the efficiency to required efficiency. Compare
treatment unit and control device(s), the mass removal/destruction effi-
percent ciency (calculated using Equation 51 of
QMWa, QMWb = mass flow rate of partially this subpart) to the required efficiency
soluble and/or soluble HAP compounds in as specified in § 63.1256(g)(8)(ii),
wastewater entering (QMWa) and exiting (g)(9)(ii), (g)(11), or (g)(12). If complying
(QMWb) the treatment process, kilo- with § 63.1256(g)(8)(ii), compliance is
grams per hour (as calculated using demonstrated if the mass removal/de-
Equations 44 and 45) struction is 99 percent or greater. If
QMGb = mass flow rate of partially soluble complying with § 63.1256(g)(9)(ii), com-
and/or soluble HAP compounds in vented pliance is demonstrated if the mass re-
gas stream exiting the control device, kg/
moval/destruction efficiency is 90 per-
hr
cent or greater. If complying with
198
ER21SE98.047</GPH>
§ 63.1256(g)(11), compliance is dem- proximately equally spaced time inter-

onstrated if the mass removal/destruc- vals over a 1-hour period. Each 1-hour
tion efficiency is 95 percent or greater. period constitutes a run, and the per-
If complying with § 63.1256(g)(12), com- formance test shall consist of a min-
pliance is demonstrated if the mass re- imum of three runs. Concentration
moval/destruction efficiency is 99 per- measurements shall be determined
cent or greater. using Method 18 of 40 CFR part 60, ap-
(3) Compliance with control device pro- pendix A. Alternatively, any other test
visions. Except as provided in para- method validated according to the pro-
graph (e)(3)(iv) of this section, an cedures in Method 301 of appendix A of
owner or operator shall demonstrate this part may be used.
that each control device or combina- (D) Volumetric flow rate of gas stream
tion of control devices achieves the ap- entering or exiting the control device. The
propriate conditions specified in volumetric flow rate of the gas stream
§ 63.1256(h)(2) by using one or more of shall be determined using Method 2,
the methods specified in paragraphs 2A, 2C, or 2D of 40 CFR part 60, appen-
(e)(3)(i), (ii), or (iii) of this section. dix A, as appropriate. Volumetric flow
(i) Performance test for control devices rate measurements shall be taken at
other than flares. This paragraph ap- the same time as the concentration
plies to performance tests that are con- measurements.
ducted to demonstrate compliance of a
(E) Calculation of TOC concentration.
control device with the efficiency lim-
The owner or operator shall compute
its specified in § 63.1256(h)(2). If com-
TOC in accordance with the procedures
plying with the 95-percent reduction ef-
in paragraph (a)(2) of this section.
ficiency requirement, comply with the
requirements specified in paragraphs (F) Calculation of total organic HAP
(e)(3)(i) (A) through (J) of this section. concentration. The owner or operator
If complying with the 20 ppm by vol- determining compliance based on total
ume requirement, comply with the re- organic HAP concentration shall com-
quirements specified in paragraphs pute the total organic HAP concentra-
(e)(3)(i) (A) through (G) and (e)(3)(i)(J) tion in accordance with the provisions
of this section. in paragraph (a)(2) of this section.
(A) General. The owner or operator (G) Requirements for combustion control
shall comply with the general perform- devices. If the control device is a com-
ance test provisions in paragraphs bustion device, the owner or operator
(e)(2)(iii)(A) (1) through (4) of this sec- shall correct TOC and organic HAP
tion, except that the term ‘‘treatment concentrations to 3 percent oxygen in
unit’’ shall mean ‘‘control device’’ for accordance with the provisions in para-
the purposes of this section. graph (a)(3) of this section, and dem-
(B) Sampling sites. Sampling sites onstrate initial compliance with the
shall be selected using Method 1 or 1A requirements for halogenated streams
of 40 CFR part 60, appendix A, as appro- in accordance with paragraph (a)(6) of
priate. For determination of compli- this section.
ance with the 95 percent reduction re- (H) Mass rate calculation. The mass
quirement, sampling sites shall be lo- rate of either TOC (minus methane and
cated at the inlet and the outlet of the ethane) or total organic HAP for each
control device. For determination of sample run shall be calculated using
compliance with the 20 ppmv limit, the the following equations. Where the
sampling site shall be located at the mass rate of TOC is being calculated,
outlet of the control device. all organic compounds (minus methane
(C) Concentration in gas stream enter- and ethane) measured by methods spec-
ing or exiting the control device. The con- ified in paragraph (e)(3)(i)(C) of this
centration of total organic HAP or section are summed using Equations 52
TOC in a gas stream shall be deter- and 53 of this subpart. Where the mass
mined as provided in this paragraph. rate of total organic HAP is being cal-
Samples may be grab samples or com- culated, only soluble and partially
posite samples (i.e., integrated sam- soluble HAP compounds shall be

ples). Samples shall be taken at ap- summed using Equations 52 and 53.
199
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
⎛ n ⎞
⎝ i =1
( )
QMG a = K 2 ∗ ⎜ ∑ CG a ,i ∗ (MWi )⎟ ∗ QG a
⎠
( Eq. 52)
⎛ n ⎞
⎝ i =1
( )
QMG b = K 2 ∗ ⎜ ∑ CG b,i ∗ (MWi )⎟ ∗ QG b
⎠
( Eq. 53)
Where: this section. Compounds that meet the

CGa, i, CGb, i = concentration of TOC or total requirements specified in paragraph
organic HAP, in vented gas stream, en- (e)(2)(iii)(A)(4) of this section are not
tering (CGa, i) and exiting (CGb, i) the con- required to be included in the design
trol device, dry basis, ppmv evaluation.
QMGa, QMGb = mass rate of TOC or total or- (iii) Compliance demonstration for
ganic HAP, in vented gas stream, enter-
flares. When a flare is used to comply
ing (QMGa) and exiting (QMGb) the con-
trol device, dry basis, kg/hr with § 63.1256(h), the owner or operator
Mwi = molecular weight of a component, kilo- shall comply with the flare provisions
gram/kilogram-mole in § 63.11(b). An owner or operator is
QGa,QGb = flow rate of gas stream entering not required to conduct a performance
(QGa) and exiting (QGb) the control de- test to determine percent emission re-
vice, dry standard cubic meters per hour duction or outlet organic HAP or TOC
K2 = constant, 41.57 × 10¥9 (parts per mil- concentration when a flare is used.
lion)¥1 (gram-mole per standard cubic (iv) Exemptions from compliance dem-
meter) (kilogram/gram), where standard onstrations. An owner or operator using
temperature (gram-mole per standard
any control device specified in para-
cubic meter) is 20 °C
i = identifier for a compound
graph (a)(4) of this section is exempt
n = number of components in the sample from the requirements in paragraphs
(e)(3)(i) through (e)(3)(iii) of this sec-
(I) Percent reduction calculation. The tion and from the requirements in
percent reduction in TOC or total or- § 63.6(f).
ganic HAP for each sample run shall be (f) Pollution prevention alternative
calculated using Equation 54 of this standard. The owner or operator shall
subpart: demonstrate compliance with
§ 63.1252(e)(2) using the procedures de-
QMG a − QMG b scribed in paragraph (f)(1) and (f)(3) of
E= (100%) ( Eq. 54) this section. The owner or operator
QMG a
shall demonstrate compliance with
Where: § 63.1252(e)(3) using the procedures de-
E = destruction efficiency of control device, scribed in paragraphs (f)(2) and (f)(3) of
percent this section.
QMGa,QMGb = mass rate of TOC or total or- (1) Compliance is demonstrated when
ganic HAP, in vented gas stream enter- the annual kg/kg factor, calculated ac-
ing and exiting (QMGb) the control de-
cording to the procedure in paragraphs
vice, dry basis, kilograms per hour
(f)(1)(i) and (iii) of this section, is re-
(J) Compare mass destruction efficiency duced by at least 75 percent as cal-
to required efficiency. If complying with culated according to the procedure in
the 95-percent reduction efficiency re- paragraph (f)(1)(i) and (ii) of this sec-
quirement, compliance is demonstrated tion.
if the mass destruction efficiency (cal- (i) The production-indexed HAP con-
culated in Equation 51 of this subpart) sumption factors shall be calculated by
ER21SE98.050</GPH>
is 95 percent or greater. If complying dividing annual consumption of total

with the 20 ppmv limit, compliance is HAP by the annual production rate, per
demonstrated if the outlet TOC con- process. The production-indexed total
centration is 20 ppmv, or less. VOC consumption factor shall be cal-
(ii) Design evaluation. A design eval- culated by dividing annual consump-

ER21SE98.049</GPH>
uation conducted in accordance with tion of total VOC by the annual pro-
the provisions in paragraph (a)(1) of duction rate, per process.
200
ER21SE98.048</GPH>
(ii) The baseline factor is calculated 5 batches if the number of batches is

from yearly production and consump- less than 10 for the 12-month period
tion data for the first 3-year period in preceding the 10th batch and shall be
which the PMPU was operational, be- calculated every year if the number of
ginning no earlier than the 1987 cal- batches is less than 5 for the 12-month
endar year, or for a minimum period of period preceding the 5th batch.
12 months from startup of the process (2) Compliance is demonstrated when
until the present in which the PMPU the requirements of paragraphs (f)(2)(i)
was operational and data are available, through (iv) of this section are met.
beginning no earlier than the 1987 cal- (i) The annual kg/kg factor, cal-
endar year. culated according to the procedure in
(iii) The annual factor is calculated paragraphs (f)(1)(i) and (f)(1)(iii) of this
on the following bases: section, is reduced to a value equal to
(A) For continuous processes, the an- or less than 50 percent of the baseline
nual factor shall be calculated every 30 factor calculated according to the pro-
days for the 12-month period preceding cedure in paragraphs (f)(1)(i) and (ii) of
the 30th day (30-day rolling average). this section.
(B) For batch processes, the annual (ii) The yearly reductions associated
factor shall be calculated either every with add-on controls that meet the cri-
10 batches for the 12-month period pre- teria of §§ 63.1252(h)(3)(ii)(A) through
ceding the 10th batch (10-batch rolling (D) must be equal to or greater than
average) or a maximum of once per the amounts calculated in paragraphs
month, if the number of batches is (f)(2)(ii)(A) and (B) of this section:
greater than 10 batches per month. The (A) The mass of HAP calculated
annual factor shall be calculated every using Equation 55 of this subpart:
M = [ kg/kg]b (0.75 − PR ) M prod( ) (Eq. 55)
Where: description of the control device and of

[kg/kg]b = the baseline production-indexed the material streams entering and
HAP consumption factor, in kg/kg exiting the control device.
Mprod = the annual production rate, in kg/yr (iv) The annual reduction achieved
M = the annual reduction required by add-on
controls, in kg/yr
by the add-on control shall be quan-
PR = the fractional reduction in the annual tified using the methods described in
kg/kg factor achieved using pollution § 63.1257(d).
prevention where PR is ≥0.5 (3) Each owner or operator of a
(B) The mass of VOC calculated using PMPU complying with the P2 standard
Equation 56 of this subpart: shall prepare a P2 demonstration sum-
mary that shall contain, at a min-
VOC reduced = (VFbase ¥ VFP ¥ VFannual) × imum, the following information:
Mprod (Eq. 56) (i) Descriptions of the methodologies
Where: and forms used to measure and record
VOCreduced = required VOC emission reduction daily consumption of HAP compounds
from add-on controls, kg/yr reduced as part of the P2 standard.
VFbase = baseline VOC factor, kg VOC emit- (ii) Descriptions of the methodologies
ted/kg production and forms used to measure and record
VFp = reduction in VOC factor achieved by
pollution prevention, kg VOC emitted/kg
daily production of products which are
production included in the P2 standard.
VFannual = target annual VOC factor, kg VOC (iii) Supporting documentation for
emitted/kg production the descriptions provided in paragraphs
Mprod = production rate, kg/yr (f)(3)(i) and (ii) including, but not lim-
(iii) Demonstration that the criteria ited to, operator log sheets and copies
in § 63.1252(e)(3)(ii)(A) through (D) are of daily, monthly, and annual inven-
met shall be accomplished through a tories of materials and products.
201
ER29AU00.008</MATH>
§ 63.1257 40 CFR Ch. I (7–1–16 Edition)
(g) Compliance with storage tank provi- § 63.1254 by using emissions averaging
sions by using emissions averaging. An shall demonstrate compliance with
owner or operator with two or more af- paragraphs (h)(1), (2) and (3) of this sec-
fected storage tanks may demonstrate tion.
compliance with § 63.1253, as applicable, (1) The owner or operator shall de-
by fulfilling the requirements of para- velop and submit for approval an Im-
graphs (g)(1) through (4) of this section. plementation Plan at least 6 months
(1) The owner or operator shall de- prior to the compliance date of the
velop and submit for approval an Im-
standard containing all the informa-
plementation Plan containing all the
information required in § 63.1259(e) 6 tion required in § 63.1259(e). The Admin-
months prior to the compliance date of istrator shall have 90 days to approve
the standard. The Administrator shall or disapprove the emissions averaging
have 90 days to approve or disapprove plan. The plan shall be considered ap-
the emissions averaging plan after proved if the Administrator either ap-
which time the plan shall be considered proves the plan in writing, or fails to
approved. disapprove the plan in writing. The 90-
(2) The annual mass rate of total or- day period shall begin when the Admin-
ganic HAP (ETi, ETo) shall be calculated istrator receives the request. If the re-
for each storage tank included in the quest is denied, the owner or operator
emissions average using the procedures must still be in compliance with the
specified in paragraph (c)(1), (2), or (3) standard by the compliance date.
of this section. (2) Owners or operators shall cal-
(3) Equations 57 and 58 of this subpart culate uncontrolled and controlled
shall be used to calculate total HAP emissions of HAP by using the methods
emissions for those tanks subject to specified in paragraph (d)(2) and (3) of
§ 63.1253(b) or (c): this section for each process included
n in the emissions average.
E Ti = ∑ E ij ( Eq. 57) (3) Equations 60 and 61 of this subpart
shall be used to calculate total HAP
j =1
emissions:
n
E To = ∑ E oj
n
( Eq. 58) E TU = ∑ E Ui (Eq. 60)
j =1
i =1
ER21SE98.056</GPH>
Where:
Eij = yearly mass rate of total HAP at the n
inlet of the control device for tank j E TC = ∑ E Ci (Eq. 61)
Eoj = yearly mass rate of total HAP at the i =1
outlet of the control device for tank j
ETi = total yearly uncontrolled HAP emis- Where:
ER29AU00.010</MATH>
sions EUi = yearly uncontrolled emissions from
ETo = total yearly actual HAP emissions process i.
n = number of tanks included in the emis- ECi = yearly actual emissions for process i.
sions average ETU = total yearly uncontrolled emissions.
(4) The overall percent reduction effi- ETC = total yearly actual emissions.
ciency shall be calculated as follows: n = number of processes included in the ER29AU00.009</MATH>
emissions average.
E Ti − D E To
R= 100% ( Eq. 59) (4) The overall percent reduction effi-
E Ti ciency shall be calculated using Equa-
tion 62 of this subpart:
Where:
ER21SE98.053</GPH>
R = overall percent reduction efficiency E TU − D E TC

D = discount factor = 1.1 for all controlled R= (100%) ( Eq. 62)
storage tanks E TU
(h) Compliance with process vent provi- Where:
sions by using emissions averaging. An

ER21SE98.052</GPH>
R = overall percent reduction efficiency

owner or operator with two or more af-
fected processes complying with
202
ER21SE98.051</GPH>
D = discount factor = 1.1 for all controlled corded every 15 minutes during the pe-
emission points riod in which the scrubber is func-
[63 FR 50326, Sept. 21, 1998, as amended at 65 tioning in achieving the HAP removal
FR 52609, Aug. 29, 2000; 66 FR 40134, Aug. 2, required by this subpart. If the scrub-
2001; 76 FR 22600, Apr. 21, 2011] ber uses a caustic solution to remove
acid emissions, the owner or operator
§ 63.1258 Monitoring Requirements. shall establish a minimum pH of the ef-
(a) The owner or operator of any ex- fluent scrubber liquid as a site-specific
isting, new, or reconstructed affected operating parameter which must be
source shall provide evidence of contin- monitored at least once a day. As an
ued compliance with the standard as alternative to measuring pH, you may
specified in this section. During the elect to continuously monitor the
initial compliance demonstration, caustic strength of the scrubber efflu-
maximum or minimum operating pa- ent. The minimum scrubber flowrate or
rameter levels, as appropriate, shall be pressure drop shall be based on the con-
established for emission sources that ditions anticipated under worst-case
will indicate the source is in compli- conditions, as defined in
ance. Test data, calculations, or infor- § 63.1257(b)(8)(i).
mation from the evaluation of the con- (A) The monitoring device used to de-
trol device design shall be used to es- termine the pressure drop shall be cer-
tablish the operating parameter level. tified by the manufacturer to be accu-
(b) Monitoring for control devices—(1) rate to within a gage pressure of ±10
Parameters to monitor. Except as speci- percent of the maximum pressure drop
fied in paragraph (b)(1)(i) of this sec- measured.
tion, for each control device, the owner (B) The monitoring device used for
or operator shall install and operate measurement of scrubber liquid
monitoring devices and operate within flowrate shall be certified by the man-
the established parameter levels to en- ufacturer to be accurate within ±10 per-
sure continued compliance with the cent of the design scrubber liquid
standard. Monitoring parameters are flowrate.
specified for control scenarios in Table (C) The monitoring device shall be
4 of this subpart and in paragraphs calibrated annually.
(b)(1)(ii) through (xi) of this section. (iii) Condensers. For each condenser,
(i) Periodic verification. For control the owner or operator shall establish
devices that control vent streams to- the maximum condenser outlet gas
taling less than 1 ton/yr HAP emis- temperature or product side tempera-
sions, before control, monitoring shall ture as a site specific operating param-
consist of a daily verification that the eter which much be measured and re-
device is operating properly. If the con- corded at least every 15 minutes during
trol device is used to control batch the period in which the condenser is
process vents alone or in combination functioning in achieving the HAP re-
with other streams, the verification moval required by this subpart.
may be on a per batch basis. This (A) The temperature monitoring de-
verification shall include, but not be vice must be accurate to within ±2 per-
limited to, a daily or per batch dem- cent of the temperature measured in
onstration that the unit is working as degrees Celsius or ±2.5 °C, whichever is
designed and may include the daily greater.
measurements of the parameters de- (B) The temperature monitoring de-
scribed in (b)(1)(ii) through (x) of this vice must be calibrated annually.
section. This demonstration shall be (iv) Regenerative carbon adsorbers. For
included in the Precompliance report, each regenerative carbon adsorber, the
to be submitted 6 months prior to the owner or operator shall comply with
compliance date of the standard. the provisions in paragraphs
(ii) Scrubbers. For affected sources (b)(1)(iv)(A) through (F) of this section.
using liquid scrubbers, the owner or op- (A) Establish the regeneration cycle
erator shall establish a minimum characteristics specified in paragraphs
scrubber liquid flow rate or pressure (b)(1)(iv)(A)(1) through (4) of this sec-
drop as a site-specific operating param- tion under worst-case conditions, as de-
eter which must be measured and re- fined in § 63.1257(b)(8)(i).
203
§ 63.1258 40 CFR Ch. I (7–1–16 Edition)
(1) Minimum regeneration frequency perature of the gases exiting the com-
(i.e., operating time since last regen- bustion chamber as the site-specific op-
eration); erating parameter which must be
(2) Minimum temperature to which measured and recorded at least once
the bed is heated during regeneration; every 15 minutes during the period in
(3) Maximum temperature to which which the combustion device is func-
the bed is cooled, measured within 15 tioning in achieving the HAP removal
minutes of completing the cooling required by this subpart.
phase; and (A) The temperature monitoring de-
(4) Minimum regeneration stream vice must be accurate to within ±0.75
flow. percent of the temperature measured
(B) Monitor and record the regenera- in degrees Celsius or ±2.5 °C, whichever
tion cycle characteristics specified in is greater.
paragraphs (b)(1)(iv)(B)(1) through (4) (B) The monitoring device must be
of this section for each regeneration calibrated annually.
cycle. (viii) Catalytic incinerators. For each
(1) Regeneration frequency (oper- catalytic incinerator, the owner or op-
ating time since end of last regenera- erator shall monitor the temperature
tion); of the gas stream immediately before
(2) Temperature to which the bed is and after the catalyst bed. The owner
heated during regeneration;
or operator shall establish the min-
(3) Temperature to which the bed is
imum temperature of the gas stream
cooled, measured within 15 minutes of
immediately before the catalyst bed
the completion of the cooling phase;
and the minimum temperature dif-
and
ference across the catalyst bed as the
(4) Regeneration stream flow.
site-specific operating parameter
(C) Use a temperature monitoring de-
which must be monitored and recorded
vice that is accurate to within ±2 per-
at least once every 15 minutes during
cent of the temperature measured in
the period in which the catalytic incin-
degrees Celsius or ±2.5 °C, whichever is
erator is functioning in achieving the
greater.
HAP removal required by this subpart.
(D) Use a regeneration stream flow
monitoring device capable of recording (A) The temperature monitoring de-
the total regeneration stream flow to vices must be accurate to within ±0.75
within ±10 percent of the established percent of the temperature measured
value (i.e., accurate to within ±10 per- in degrees Celsius or ±2.5 °C, whichever
cent of the reading). is greater.
(E) Calibrate the temperature and (B) The temperature monitoring de-
flow monitoring devices annually. vices must be calibrated annually.
(F) Conduct an annual check for bed (ix) Process heaters and boilers. (A) Ex-
poisoning in accordance with manufac- cept as specified in paragraph
turer’s specifications. (b)(1)(ix)(B) of this section, for each
(v) Nonregenerative carbon adsorbers. boiler or process heater, the owner or
For each nonregenerative carbon operator shall establish the minimum
adsorber, the owner or operator shall temperature of the gases exiting the
establish and monitor the maximum combustion chamber as the site-spe-
time interval between replacement cific operating parameter which must
based on the conditions anticipated be monitored and recorded at least
under worst-case, as defined in once every 15 minutes during the pe-
§ 63.1257(b)(8)(i). riod in which the boiler or process
(vi) Flares. For each flare, the pres- heater is functioning in achieving the
ence of the pilot flame shall be mon- HAP removal required by this subpart.
itored every 15 minutes during the pe- (1) The temperature monitoring de-
riod in which the flare is functioning in vice must be accurate to within ±0.75
achieving the HAP removal required by percent of the temperature measured
this subpart. in degrees Celsius or ±2.5 °C, whichever
(vii) Thermal incinerators. For each is greater.

thermal incinerator, the owner or oper- (2) The temperature monitoring de-
ator shall establish the minimum tem- vice must be calibrated annually.
204
(B) The owner or operator is exempt equal to the time from the beginning
from the monitoring requirements to end of a batch process.
specified in paragraph (b)(1)(ix)(A) of (iii) Monitoring values taken during
this section if either: periods in which the control devices
(1) All vent streams are introduced are not functioning in controlling
with primary fuel; or emissions, as indicated by periods of no
(2) The design heat input capacity of flow, shall not be considered in the
the boiler or process heater is 44 averages. Where flow to the device
megawatts or greater. could be intermittent, the owner or op-
(x) Continuous emission monitor. As an erator shall install, calibrate and oper-
alternative to the parameters specified ate a flow indicator at the inlet or out-
in paragraphs (b)(1)(ii) through (ix) of let of the control device to identify pe-
this section, an owner or operator may riods of no flow.
monitor and record the outlet HAP (3) Procedures for setting parameter lev-
concentration or both the outlet TOC els for control devices used to control
concentration and outlet hydrogen ha- emissions—(i) Small control devices. Ex-
lide and halogen concentration every 15 cept as provided in paragraph (b)(1)(i)
minutes during the period in which the of this section, for devices controlling
control device is functioning in achiev- less than 10 tons per year of HAP for
ing the HAP removal required by this which a performance test is not re-
subpart. The owner or operator need quired, the parametric levels shall be
not monitor the hydrogen halide and set based on the design evaluation re-
halogen concentration if, based on quired in § 63.1257(d)(3)(i). If a perform-
process knowledge, the owner or oper- ance test is conducted, the monitoring
ator determines that the emission parameter level shall be established ac-
stream does not contain hydrogen cording to the procedures in (b)(3)(ii) of
halides or halogens. The HAP or TOC this section.
monitor must meet the requirements (ii) Large control devices. For devices
of Performance Specification 8 or 9 of controlling greater than 10 tons per
appendix B of part 60 and must be in- year of HAP for which a performance
stalled, calibrated, and maintained, ac- test is required, the parameter level
cording to § 63.8. As part of the QA/QC must be established as follows:
Plan, calibration of the device must in- (A) If the operating parameter level
clude, at a minimum, quarterly cyl- to be established is a maximum, it
inder gas audits. must be based on the average of the
(xi) CVS visual inspections. The owner values from each of the three test runs.
or operator shall perform monthly vis- (B) If the operating parameter level
ual inspections of each closed vent sys- to be established is a minimum, it
tem as specified in § 63.1252(b). must be based on the average of the
(2) Averaging periods. Averaging peri- values from each of the three test runs.
ods for parametric monitoring levels (C) The owner or operator may estab-
shall be established according to para- lish the parametric monitoring level(s)
graphs (b)(2)(i) through (iii) of this sec- based on the performance test supple-
tion. mented by engineering assessments
(i) Except as provided in paragraph and manufacturer’s recommendations.
(b)(2)(iii) of this section, a daily (24- Performance testing is not required to
hour) or block average shall be cal- be conducted over the entire range of
culated as the average of all values for expected parameter values. The ration-
a monitored parameter level set ac- ale for the specific level for each pa-
cording to the procedures in (b)(3)(iii) rameter, including any data and cal-
of this section recorded during the op- culations used to develop the level(s)
erating day or block. and a description of why the level indi-
(ii) The operating day or block shall cates proper operation of the control
be defined in the Notification of Com- device shall be provided in the
pliance Status report. The daily aver- Precompliance report. The procedures
age may be from midnight to midnight specified in this section have not been
or another continuous 24-hour period. approved by the Administrator and de-

The block average is limited to a pe- termination of the parametric moni-
riod of time that is, at a maximum, toring level using these procedures is
205
§ 63.1258 40 CFR Ch. I (7–1–16 Edition)
subject to review and approval by the brated, and maintained according to

Administrator. § 63.8.
(iii) Parameters for control devices con- (B) Except as specified in paragraphs
trolling batch process vents. For devices (b)(5)(i)(C) and (D) of this section, the
controlling batch process vents alone owner or operator must monitor HCl
or in combination with other streams, using either a FTIR CEMS that meets
the parameter level(s) shall be estab- Performance Specification 15 of appen-
lished in accordance with paragraph dix B of part 60 or any other CEMS ca-
(b)(3)(iii)(A) or (B) of this section. pable of measuring HCl for which a per-
(A) If more than one batch emission formance specification has been pro-
episode has been selected to be con- mulgated in appendix B of part 60. To
trolled, a single level for the batch monitor HCl with a CEMS for which a
process(es) shall be determined from performance specification has not been
the initial compliance demonstration. promulgated, the owner or operator
(B) Instead of establishing a single must prepare a monitoring plan and
level for the batch process(es), as de- submit it for approval in accordance
scribed in paragraph (b)(3)(iii)(A) of with the procedures specified in § 63.8.
this section, an owner or operator may (C) As an alternative to using a
establish separate levels for each batch CEMS as specified in paragraph
emission episode, selected to be con- (b)(5)(i)(B) of this section to monitor
trolled. If separate monitoring levels halogenated vent streams that are con-
are established, the owner or operator trolled by a combustion device fol-
must provide a record indicating at lowed by a scrubber, the owner or oper-
what point in the daily schedule or log ator may elect to monitor scrubber op-
of processes required to be recorded per erating parameters as specified in
the requirements of § 63.1259(b)(9) the paragraph (b)(1)(ii) of this section that
parameter being monitored changes demonstrate the HCl emissions are re-
levels and must record at least one duced by at least 95 percent by weight.
reading of the new parameter level, (D) The owner or operator need not
even if the duration of monitoring for monitor the hydrogen halide and halo-
the new parameter is less than 15-min- gen concentration if, based on process
utes. knowledge, the owner or operator de-
(4) Request approval to monitor alter- termines that the emission stream does
native parameters. An owner or operator not contain hydrogen halides or
may request approval to monitor pa- halogens.
rameters other than those required by (ii) An owner or operator complying
paragraphs (b)(1)(ii) through (ix) of this with the alternative standard using
section. The request shall be submitted control devices in which supplemental
according to the procedures specified gases are added to the vents or mani-
in § 63.8(f) or included in the folds must either correct for supple-
Precompliance report. mental gases as specified in
(5) Monitoring for the alternative stand- § 63.1257(a)(3) or comply with the re-
ards. (i) For control devices that are quirements of paragraph (b)(5)(ii)(A) or
used to comply with the provisions of (B) of this section. If the owner or oper-
§ 63.1253(d) or § 63.1254(c), the owner or ator corrects for supplemental gases as
operator shall monitor and record the specified in § 63.1257(a)(3)(ii) for non-
outlet TOC concentration and the out- combustion control devices, the flow
let hydrogen halide and halogen con- rates must be evaluated as specified in
centration every 15 minutes during the paragraph (b)(5)(ii)(C) of this section.
period in which the device is func- (A) Provisions for combustion devices.
tioning in achieving the HAP removal As an alternative to correcting for sup-
required by this subpart using CEMS as plemental gases as specified in
specified in paragraphs (b)(5)(i)(A) § 63.1257(a)(3), the owner or operator
through (D) of this section. may monitor residence time and fire-
(A) A TOC monitor meeting the re- box temperature according to the re-
quirements of EPA Performance Speci- quirements of paragraphs

fication 8, 9, or 15 of appendix B of 40 (b)(5)(ii)(A)(1) and (2) of this section.
CFR part 60 shall be installed, cali- Monitoring of residence time may be
206
accomplished by monitoring flowrate emissions inventory data calculated

into the combustion chamber. using procedures other than those spec-
(1) If complying with the alternative ified in § 63.1257(d), the owner or oper-
standard instead of achieving a control ator must submit the emissions inven-
efficiency of 95 percent or less, the tory data calculations and rationale
owner or operator must maintain a for their use in the Notification of
minimum residence time of 0.5 seconds Process Change report or an applica-
and a minimum combustion chamber tion for a part 70 permit renewal or re-
temperature of 760 °C. vision.
(2) If complying with the alternative (3) In the Notification of Compliance
standard instead of achieving a control Status report, the owner or operator
efficiency of 98 percent, the owner or may elect to establish both a max-
operator must maintain a minimum imum daily average operating flowrate
residence time of 0.75 seconds and a limit above the flowrate setpoint and a
minimum combustion chamber tem- reduced outlet concentration limit cor-
perature of 816 °C. responding to this flowrate limit. The
(B) Provisions for dense gas systems. As owner or operator may also establish
an alternative to correcting for supple- reduced outlet concentration limits for
mental gases as specified in any daily average flowrates between
§ 63.1257(a)(3), for noncombustion de- the flowrate setpoint and the flowrate
vices used to control emissions from limit. The correlation between these
dense gas systems, as defined in elevated flowrates and the cor-
§ 63.1251, the owner or operator shall responding outlet concentration limits
monitor flowrate as specified in para- must be established using Equation 64
graphs (b)(5)(ii)(B)(1) through (4) of this of this subpart:
section.
(1) Use Equation 63 of this subpart to Fs
calculate the system flowrate setpoint Ca = × 50 (Eq. 64)
at which the average concentration is Fa
5,000 ppmv TOC: Where:
Ca = adjusted outlet concentration limit, dry
721 × E an basis, ppmv
Fs = (Eq. 63) 50 = outlet concentration limit associated
5,000 with the flowrate setpoint, dry basis,
Where: ppmv
Fs = system flowrate setpoint, scfm Fs = system flowrate setpoint, scfm
Ean = annual emissions entering the control Fa = actual system flowrate limit, scfm
device, lbmols/yr
(4) The owner or operator must in-
(2) Annual emissions used in Equa- stall and operate a monitoring system
tion 63 of this subpart must be based on for measuring system flowrate. The
the actual mass of organic compounds flowrate into the control device must
entering the control device, as cal- be monitored and recorded at least
culated from the most representative once every hour. The system flowrate
emissions inventory data submitted must be calculated as the average of all
within the 5 years before the Notifica- values measured during each 24-hour
tion of Compliance Status report is operating day. The flowrate moni-
due. The owner or operator must recal- toring device must be accurate to with-
culate the system flowrate setpoint in 5 percent of the system flowrate set-
once every 5 years using the annual point, and the flowrate monitoring de-
emissions from the most representative vice must be calibrated annually.
emissions inventory data submitted (C) Flow rate evaluation for non-
during the 5-year period after the pre- combustion devices. To demonstrate con-
vious calculation. Results of the initial tinuous compliance with the require-
calculation must be included in the No- ment to correct for supplemental gases
tification of Compliance Status report, as specified in § 63.1257(a)(3)(ii) for non-
and recalculated values must be in- combustion devices, the owner or oper-
ER29AU00.012</MATH>
cluded in the next Periodic report after ator must evaluate the volumetric flow
each recalculation. For all calculations rate of supplemental gases, Vs, and the
after the initial calculation, to use volumetric flow rate of all gases, Va,
207
ER29AU00.011</MATH>
§ 63.1258 40 CFR Ch. I (7–1–16 Edition)
each time a new operating scenario is tion or exceedances of the outlet con-
implemented based on process knowl- centrations monitored according to the
edge and representative operating data. provisions of paragraph (b)(1)(x) of this
The procedures used to evaluate the section constitute violations of the
flow rates, and the resulting correction emission limit according to paragraphs
factor used in Equation 7B of this sub- (b)(8)(i), (ii), and (iv) of this section.
part, must be included in the Notifica- Exceedances of the outlet concentra-
tion of Compliance Status report and tions monitored according to the provi-
in the next Periodic report submitted sions of paragraph (b)(5) of this section
after an operating scenario change. constitute violations of the emission
(6) Exceedances of operating param- limit according to the provisions of
eters. An exceedance of an operating pa- paragraphs (b)(8)(iii) and (iv) of this
rameter is defined as one of the fol- section.
lowing: (i) Except as provided in paragraph
(i) If the parameter, averaged over (b)(8)(iv) of this section, for episodes
the operating day or block, is below a occurring more than once per day,
minimum value established during the exceedances of established parameter
initial compliance demonstration. limits or excursions will result in no
(ii) If the parameter, averaged over more than one violation per operating
the operating day or block, is above day for each monitored item of equip-
the maximum value established during ment utilized in the process.
the initial compliance demonstration. (ii) Except as provided in paragraph
(iii) Each loss of all pilot flames for
(b)(8)(iv) of this section, for control de-
flares.
vices used for more than one process in
(7) Excursions. Excursions are defined
the course of an operating day,
by either of the two cases listed in
exceedances or excursions will result in
paragraphs (b)(7)(i) or (ii) of this sec-
no more than one violation per oper-
tion.
ating day, per control device, for each
(i) When the period of control device
process for which the control device is
operation is 4 hours or greater in an
in service.
operating day and monitoring data are
insufficient to constitute a valid hour (iii) Except as provided in paragraph
of data, as defined in paragraph (b)(8)(iv) of this section, exceedances of
(b)(7)(iii) of this section, for at least 75 the 20 or 50 ppmv TOC outlet emission
percent of the operating hours. limit, averaged over the operating day,
(ii) When the period of control device will result in no more than one viola-
operation is less than 4 hours in an option per day per control device. Except
erating day and more than one of the as provided in paragraph (b)(8)(iv) of
hours during the period of operation this section, exceedances of the 20 or 50
does not constitute a valid hour of data ppmv hydrogen halide or halogen out-
due to insufficient monitoring data. let emission limit, averaged over the
(iii) Monitoring data are insufficient operating day, will result in no more
to constitute a valid hour of data, as than one violation per day per control
used in paragraphs (b)(7)(i) and (ii) of device.
this section, if measured values are un- (c) Monitoring for emission limits. The
available for any of the required 15- owner or operator of any affected
minute periods within the hour. source complying with the provisions
(8) Violations. Exceedances of param- of § 63.1254(a)(2) shall demonstrate con-
eters monitored according to the provi- tinuous compliance with the 900 and
sions of paragraphs (b)(1)(ii), (iv) 1,800 kg/yr emission limits by calcu-
through (ix), and (b)(5)(ii)(A) and (B) of lating daily 365-day rolling summa-
this section, or excursions as defined tions of emissions. During periods of
by paragraphs (b)(7)(i) through (iii) of planned routine maintenance when
this section, constitute violations of emissions are controlled as specified in
the operating limit according to para- § 63.1252(h), the owner or operator must
graphs (b)(8)(i), (ii), and (iv) of this sec- calculate controlled emissions assum-
tion. Exceedances of the temperature ing the HAP emissions are reduced by
limit monitored according to the provi- 93 percent. For any owner or operator
sions of paragraph (b)(1)(iii) of this sec- opting to switch compliance strategy
208
from the 93 percent control require- shall include a description of planned

ment to the annual mass emission reporting and recordkeeping proce-
limit method, as described in dures. The owner or operator shall in-
§ 63.1254(a)(1)(i), the rolling summa- clude as part of the submittal the basis
tions, beginning with the first day for the selected monitoring frequencies
after the switch, must include emis- and the methods that will be used. The
sions from the past 365 days. Administrator will specify appropriate
(d) Monitoring for equipment leaks. The reporting and recordkeeping require-
owner or operator of any affected ments as part of the review of the per-
source complying with the require- mit application or by other appropriate
ments of § 63.1255 of this subpart shall means.
meet the monitoring requirements de- (3) For nonbiological treatment
scribed § 63.1255 of this subpart. units, the owner or operator shall re-
(e) Pollution prevention. The owner or quest approval to monitor appropriate
operator of any affected source that parameters that demonstrate proper
chooses to comply with the require- operation of the selected treatment
ments of §§ 63.1252(e)(2) and (3) shall cal- process. The request shall be submitted
culate a yearly rolling average of kg in the Precompliance report according
HAP consumption per kg production to the procedures specified in
and kg VOC consumption per kg pro- § 63.1260(e), and shall include a descrip-
duction every month or every 10 tion of planned reporting and record-
batches. Each rolling average kg/kg keeping procedures. The Administrator
factor that exceeds the value estab- will specify appropriate reporting and
lished in § 63.1257(f)(1)(ii) will be consid- recordkeeping requirements as part of
ered a violation of the emission limit. the review of the permit application or
(f) Emissions averaging. The owner or by other appropriate means.
operator of any affected source that (h) Leak inspection provisions for vapor
chooses to comply with the require- suppression equipment. (1) Except as pro-
ments of § 63.1252(d) shall meet all mon- vided in paragraph (h)(9) and (10) of
itoring requirements specified in para- this section, for each vapor collection
graphs (b)(1) and (3) of this section, as system, closed-vent system, fixed roof,
applicable, for all processes and stor- cover, or enclosure required to comply
age tanks included in the emissions av- with this section, the owner or oper-
erage. ator shall comply with the require-
(g) Inspection and monitoring of waste ments of paragraphs (h)(2) through (8)
management units and treatment proc- of this section.
esses. (1) For each wastewater tank, (2) Except as provided in paragraphs
surface impoundment, container, indi- (h)(6) and (7) of this section, each vapor
vidual drain system, and oil-water sep- collection system and closed-vent sys-
arator that receives, manages, or tem shall be inspected according to the
treats wastewater, a residual removed procedures and schedule specified in
from wastewater, a recycled waste- paragraphs (h)(2)(i) and (ii) of this sec-
water, or a recycled residual removed tion and each fixed roof, cover, and en-
from wastewater, the owner or oper- closure shall be inspected according to
ator shall comply with the inspection the procedures and schedule specified
requirements specified in Table 7 of in paragraph (h)(2)(iii) of this section.
this subpart. (i) If the vapor collection system or
(2) For each biological treatment closed-vent system is constructed of
unit used to comply with § 63.1256(g), hard-piping, the owner or operator
the owner or operator shall monitor shall:
TSS, BOD, and the biomass concentra- (A) Conduct an initial inspection ac-
tion at a frequency approved by the cording to the procedures in paragraph
permitting authority and using meth- (h)(3) of this section, and
ods approved by the permitting author- (B) Conduct annual visual inspec-
ity. The owner or operator may request tions for visible, audible, or olfactory
approval to monitor other parameters. indications of leaks.
The request shall be submitted in the (ii) If the vapor collection system or
Precompliance report according to the closed-vent system is constructed of
procedures specified in § 63.1260(e), and ductwork, the owner or operator shall:
209
§ 63.1258 40 CFR Ch. I (7–1–16 Edition)
(A) Conduct an initial inspection ac- (B) Mixtures of methane in air at a

cording to the procedures in paragraph concentration less than 10,000 parts per
(h)(3) of this section, and million. A calibration gas other than
(B) Conduct annual inspections ac- methane in air may be used if the in-
cording to the procedures in paragraph strument does not respond to methane
(h)(3) of this section. or if the instrument does not meet the
(C) Conduct annual visual inspections performance criteria specified in para-
for visible, audible, or olfactory indica- graph (h)(2)(ii)(A) of this section. In
tions of leaks. such cases, the calibration gas may be
(iii) For each fixed roof, cover, and a mixture of one or more of the com-
enclosure, the owner or operator shall: pounds to be measured in air.
(A) Conduct an initial inspection ac- (v) An owner or operator may elect
cording to the procedures in paragraph to adjust or not adjust instrument
(h)(3) of this section, and readings for background. If an owner or
(B) Conduct semiannual visual in- operator elects to not adjust readings
spections for visible, audible, or olfac- for background, all such instrument
tory indications of leaks. readings shall be compared directly to
(3) Each vapor collection system, the applicable leak definition to deter-
closed-vent system, fixed roof, cover, mine whether there is a leak. If an
and enclosure shall be inspected ac- owner or operator elects to adjust in-
cording to the procedures specified in strument readings for background, the
paragraphs (h)(3)(i) through (v) of this owner or operator shall measure back-
section. ground concentration using the proce-
(i) Inspections shall be conducted in dures in § 63.180(b) and (c). The owner or
accordance with Method 21 of 40 CFR operator shall subtract background
part 60, appendix A. reading from the maximum concentra-
(ii) Detection instrument performance tion indicated by the instrument.
criteria. (A) Except as provided in para- (vi) The background level shall be de-
graph (h)(3)(ii)(B) of this section, the termined according to the procedures
detection instrument shall meet the in Method 21 of 40 CFR part 60 appendix
performance criteria of Method 21 of 40 A.
CFR part 60, appendix A, except the in- (vii) The arithmetic difference be-
strument response factor criteria in tween the maximum concentration in-
section 3.1.2(a) of Method 21 shall be for dicated by the instrument and the
the average composition of the process background level shall be compared
fluid not each individual VOC in the with 500 parts per million for deter-
stream. For process streams that con- mining compliance.
tain nitrogen, air, or other inerts (4) Leaks, as indicated by an instru-
which are not organic HAP or VOC, the ment reading greater than 500 parts per
average stream response factor shall be million above background or by visual
calculated on an inert-free basis. inspections, shall be repaired as soon
(B) If no instrument is available at as practicable, except as provided in
the plant site that will meet the per- paragraph (h)(5) of this section.
formance criteria specified in para- (i) A first attempt at repair shall be
graph (h)(3)(ii)(A) of this section, the made no later than 5 calendar days
instrument readings may be adjusted after the leak is detected.
by multiplying by the average response (ii) Repair shall be completed no
factor of the process fluid, calculated later than 15 calendar days after the
on an inert-free basis as described in leak is detected, except as provided in
paragraph (h)(3)(ii)(A) of this section. paragraph (h)(4)(iii) of this section.
(iii) The detection instrument shall (iii) For leaks found in vapor collec-
be calibrated before use on each day of tion systems used for transfer oper-
its use by the procedures specified in ations, repairs shall be completed no
Method 21 of 40 CFR part 60, appendix later than 15 calendar days after the
A. leak is detected or at the beginning of
(iv) Calibration gases shall be as fol- the next transfer loading operation,
lows: whichever is later.

(A) Zero air (less than 10 parts per (5) Delay of repair of a vapor collec-
million hydrocarbon in air); and tion system, closed-vent system, fixed
210
roof, cover, or enclosure for which erate at a pressure below atmospheric

leaks have been detected is allowed if pressure. The system shall be equipped
the repair is technically infeasible with at least one pressure gauge or
without a shutdown, as defined in other pressure measurement device
§ 63.1251, or if the owner or operator de- that can be read from a readily acces-
termines that emissions resulting from sible location to verify that negative
immediate repair would be greater pressure is being maintained in the
than the fugitive emissions likely to closed-vent system when the associated
result from delay of repair. Repair of control device is operating.
such equipment shall be complete by (i) Planned routine maintenance. Dur-
the end of the next shutdown. ing periods of planned routine mainte-
(6) Any parts of the vapor collection nance when organic HAP emissions are
system, closed-vent system, fixed roof, controlled as specified in § 63.1252(h)(2),
cover, or enclosure that are designated, the owner or operator must monitor
as described in paragraph (h)(8) of this the condenser outlet gas temperature
section, as unsafe to inspect are ex- according to the procedures specified
empt from the inspection requirements in paragraph (b)(1)(iii) of this section.
of paragraphs (h)(2)(i), (ii), and (iii) of During periods of planned routine
this section if: maintenance when HCl emissions are
(i) The owner or operator determines controlled as specified in § 63.1252(h)(3),
that the equipment is unsafe to inspect the owner or operator must monitor
because inspecting personnel would be the pH of the scrubber effluent once per
exposed to an imminent or potential day.
danger as a consequence of complying [63 FR 50326, Sept. 21, 1998, as amended at 65
with paragraphs (h)(2)(i), (ii), or (iii) of FR 52612, Aug. 29, 2000; 66 FR 40134, Aug. 2,
this section; and 2001; 70 FR 25670, May 13, 2005; 71 FR 20459,
(ii) The owner or operator has a writ- Apr. 20, 2006; 76 FR 22601, Apr. 21, 2011]
ten plan that requires inspection of the
equipment as frequently as practicable § 63.1259 Recordkeeping requirements.
during safe-to-inspect times. (a) Requirements of subpart A of this
(7) Any parts of the vapor collection part. The owner or operator of an af-
system, closed-vent system, fixed roof, fected source shall comply with the
cover, or enclosure that are designated, recordkeeping requirements in subpart
as described in paragraph (h)(8) of this A of this part as specified in Table 1 of
section, as difficult to inspect are ex- this subpart and in paragraphs (a)(1)
empt from the inspection requirements through (5) of this section.
of paragraphs (h)(2)(i), (ii), and (iii)(A) (1) Data retention. Each owner or op-
of this section if: erator of an affected source shall keep
(i) The owner or operator determines copies of all records and reports re-
that the equipment cannot be in- quired by this subpart for at least 5
spected without elevating the inspect- years, as specified in § 63.10(b)(1).
ing personnel more than 2 meters (2) Records of applicability determina-
above a support surface; and tions. The owner or operator of a sta-
(ii) The owner or operator has a writ- tionary source that is not subject to
ten plan that requires inspection of the this subpart shall keep a record of the
equipment at least once every 5 years. applicability determination, as speci-
(8) Records shall be maintained as fied in § 63.10(b)(3).
specified in § 63.1259(i) (4) through (9). (3) Malfunction records. Each owner or
(9) If a closed-vent system subject to operator of an affected source subject
this section is also subject to the to this subpart shall maintain records
equipment leak provisions of § 63.1255, of the occurrence and duration of each
the owner or operator shall comply malfunction of operation (i.e., process
with the provisions of § 63.1255 and is equipment), air pollution control
exempt from the requirements of this equipment, or monitoring equipment.
section. Each owner or operator shall maintain
(10) Instead of complying with the records of actions taken during periods
provisions of paragraphs (h)(2) through of malfunction to minimize emissions

(8) of this section, an owner or operator in accordance with § 63.1250(g)(3), in-
may design a closed-vent system to op- cluding corrective actions to restore
211
§ 63.1259 40 CFR Ch. I (7–1–16 Edition)
malfunctioning process and air pollu- (C) A record whether each batch op-
tion control and monitoring equipment erated was considered a standard
to its normal or usual manner of oper- batch.
ation. (ii) For processes in compliance with
(4) Recordkeeping requirements for the annual mass limits of § 63.1254(a)(2)
sources with continuous monitoring sys- or (b)(2), the following records are re-
tems. The owner or operator of an af- quired:
fected source who elects to install a (A) The number of batches per year
continuous monitoring system shall for each batch process;
maintain records specified in (B) The operating hours per year for
§ 63.10(c)(1) through (14). continuous processes;
(5) Application for approval of con- (C) Standard batch uncontrolled and
struction or reconstruction. For new af- controlled emissions for each process;
fected sources, each owner or operator (D) Actual controlled emissions for
shall comply with the provisions in each batch operated during periods of
§ 63.5 regarding construction and recon- planned routine maintenance of a
struction, excluding the provisions CCCD, calculated according to
specified in § 63.5(d)(1)(ii)(H), (d)(2), and § 63.1258(c).
(d)(3)(ii). (E) Actual uncontrolled and con-
(b) Records of equipment operation. The trolled emissions for each nonstandard
owner or operator must keep the fol- batch;
lowing records up-to-date and readily (F) A record whether each batch op-
accessible: erated was considered a standard
(1) Each measurement of a control batch.
device operating parameter monitored (6) Wastewater concentration per
in accordance with § 63.1258 and each POD or process, except as provided in
measurement of a treatment process § 63.1256(a)(1)(ii).
parameter monitored in accordance (7) Number of storage tank turnovers
with § 63.1258(g)(2) and (3). per year, if used in an emissions aver-
(2) For processes subject to age.
§ 63.1252(e), records of consumption, (8) A schedule or log of each oper-
production, and the rolling average ating scenario updated daily or, at a
values of the production-indexed HAP minimum, each time a different oper-
and VOC consumption factors. ating scenario is put into operation.
(3) For each continuous monitoring (9) Description of worst-case oper-
system used to comply with this sub- ating conditions as required in
part, records documenting the comple- § 63.1257(b)(8).
tion of calibration checks and mainte- (10) Periods of planned routine main-
nance of continuous monitoring sys- tenance as described in §§ 63.1252(h) and
tems. 63.1257(c)(5).
(4) For purposes of compliance with (11) If the owner or operator elects to
the annual mass limits of § 63.1254(a)(2) comply with § 63.1253(b) or (c) by in-
and (b)(2), daily records of the rolling stalling a floating roof, the owner or
annual total emissions. operator must keep records of each in-
(5) Records of the following, as appro- spection and seal gap measurement in
priate: accordance with § 63.123(c) through (e)
(i) For processes that are in compli- as applicable.
ance with the percent reduction re- (12) If the owner or operator elects to
quirements of § 63.1254(a)(1) or (b)(1) and comply with the vapor balancing alter-
that contain vents controlled to less native in § 63.1253(f), the owner or oper-
than the percent reduction require- ator must keep records of the DOT cer-
ment, the records specified in para- tification required by § 63.1253(f)(2) and
graphs (b)(5)(i)(A) through (C) of this the pressure relief vent setting and the
section are required. leak detection records specified in
(A) Standard batch uncontrolled and § 63.1253(f)(5).
controlled emissions for each process; (13) All maintenance performed on
(B) Actual uncontrolled and con- the air pollution control equipment.
trolled emissions for each nonstandard (c) Records of operating scenarios. The
batch; and owner or operator of an affected source
212
shall keep records of each operating (i) This demonstration of hazard or

scenario which demonstrates compli- risk equivalency shall be made to the
ance with this subpart. satisfaction of the operating permit au-
(d) Records of equipment leak detection thority.
and repair programs. The owner or oper- (A) The Administrator may require
ator of any affected source imple- owners and operators to use specific
menting the leak detection and repair methodologies and procedures for mak-
(LDAR) program specified in § 63.1255 of ing a hazard or risk determination.
this subpart, shall implement the rec- (B) The demonstration and approval
ordkeeping requirements in § 63.1255 of of hazard or risk equivalency shall be
this subpart. made according to any guidance that
(e) Records of emissions averaging. The the Administrator makes available for
owner or operator of any affected use or any other technically sound in-
source that chooses to comply with the formation or methods.
requirements of § 63.1252(d) shall main- (ii) An emissions averaging plan that
tain up-to-date records of the following does not demonstrate hazard or risk
information: equivalency to the satisfaction of the
(1) An Implementation Plan which Administrator shall not be approved.
shall include in the plan, for all process The Administrator may require such
vents and storage tanks included in adjustments to the emissions aver-
each of the averages, the information aging plan as are necessary in order to
listed in paragraphs (e)(1)(i) through ensure that the average will not result
(v) of this section. in greater hazard or risk to human
(i) The identification of all process health or the environment than would
vents and storage tanks in each emis- result if the emission points were con-
sions average. trolled according to §§ 63.1253 and
(ii) The uncontrolled and controlled 63.1254.
emissions of HAP and the overall per- (iii) A hazard or risk equivalency
cent reduction efficiency as determined demonstration must:
in §§ 63.1257(g)(1) through (4) or (A) Be a quantitative, comparative
63.1257(h)(1) through (3) as applicable. chemical hazard or risk assessment;
(iii) The calculations used to obtain (B) Account for differences between
the uncontrolled and controlled HAP averaging and non-averaging options in
emissions and the overall percent re- chemical hazard or risk to human
duction efficiency. health or the environment; and
(iv) The estimated values for all pa- (C) Meet any requirements set by the
rameters required to be monitored
Administrator for such demonstra-
under § 63.1258(f) for each process and
tions.
storage tank included in an average.
(3) Records as specified in paragraphs
(v) A statement that the compliance
(a), (b) and (d) of this section.
demonstration, monitoring, inspection,
recordkeeping and reporting provisions (4) A rolling quarterly calculation of
in §§ 63.1257(g) and (h), 63.1258(f), and the annual percent reduction efficiency
63.1260(k) that are applicable to each as specified in § 63.1257(g) and (h).
emission point in the emissions aver- (f) Records of delay of repair. Docu-
age will be implemented beginning on mentation of a decision to use a delay
the date of compliance. of repair due to unavailability of parts,
(2) The Implementation Plan must as specified in § 63.1256(i), shall include
demonstrate that the emissions from a description of the failure, the reason
the processes and storage tanks pro- additional time was necessary (includ-
posed to be included in the average will ing a statement of why replacement
not result in greater hazard or, at the parts were not kept onsite and when
option of the operating permit author- delivery from the manufacturer is
ity, greater risk to human health or scheduled), and the date when the re-
the environment than if the storage pair was completed.
tanks and process vents were con- (g) Record of wastewater stream or re-
trolled according to the provisions in sidual transfer. The owner or operator
§§ 63.1253 and 63.1254, respectively. transferring an affected wastewater
213
§ 63.1259 40 CFR Ch. I (7–1–16 Edition)
stream or residual removed from an af- stream away from the control device
fected wastewater stream in accord- and to the atmosphere, the owner or
ance with § 63.1256(a)(5) shall keep a operator shall keep a record of the in-
record of the notice sent to the treat- formation specified in either paragraph
ment operator stating that the waste- (i)(6)(i) or (ii) of this section.
water stream or residual contains or- (i) Hourly records of whether the flow
ganic HAP which are required to be indicator specified under § 63.1252(b)(1)
managed and treated in accordance was operating and whether a diversion
with the provisions of this subpart. was detected at any time during the
(h) Records of extensions. The owner or hour, as well as records of the times
operator shall keep documentation of a and durations of all periods when the
decision to use an extension, as speci- vent stream is diverted from the con-
fied in § 63.1256(b)(6)(ii) or (b)(9), in a trol device or the flow indicator is not
readily accessible location. The docu- operating.
mentation shall include a description (ii) Where a seal mechanism is used
of the failure, documentation that al- to comply with § 63.1252(b)(2), hourly
ternate storage capacity is unavail- records of flow are not required. In
able, and specification of a schedule of such cases, the owner or operator shall
actions that will ensure that the con- record that the monthly visual inspec-
trol equipment will be repaired and the tion of the seals or closure mechanisms
tank will be emptied as soon as prac- has been done, and shall record the oc-
tical. currence of all periods when the seal
(i) Records of inspections. The owner mechanism is broken, the bypass line
or operator shall keep records specified valve position has changed, or the key
in paragraphs (i)(1) through (9) of this for a lock-and-key type lock has been
section. checked out, and records of any car-
(1) A record that each waste manage- seal that has broken.
ment unit inspection required by
(7) For each inspection conducted in
§ 63.1256(b) through (f) was performed.
accordance with § 63.1258(h)(2) and (3)
(2) A record that each inspection for
during which a leak is detected, a
control devices required by § 63.1256(h)
record of the information specified in
was performed.
paragraphs (i)(7)(i) through (ix) of this
(3) A record of the results of each seal
section.
gap measurement required by
(i) Identification of the leaking
§ 63.1256(b)(5) and (f)(3). The records
equipment.
shall include the date of measurement,
the raw data obtained in the measure- (ii) The instrument identification
ment, and the calculations described in numbers and operator name or initials,
§ 63.120(b)(2) through (4). if the leak was detected using the pro-
(4) Records identifying all parts of cedures described in § 63.1258(h)(3); or a
the vapor collection system, closed- record that the leak was detected by
vent system, fixed roof, cover, or enclo- sensory observations.
sure that are designated as unsafe to (iii) The date the leak was detected
inspect in accordance with and the date of the first attempt to re-
§ 63.1258(h)(6), an explanation of why pair the leak.
the equipment is unsafe to inspect, and (iv) Maximum instrument reading
the plan for inspecting the equipment. measured by the method specified in
(5) Records identifying all parts of § 63.1258(h)(4) after the leak is success-
the vapor collection system, closed- fully repaired or determined to be non-
vent system, fixed roof, cover, or enclo- repairable.
sure that are designated as difficult to (v) ‘‘Repair delayed’’ and the reason
inspect in accordance with for the delay if a leak is not repaired
§ 63.1258(h)(7), an explanation of why within 15 calendar days after discovery
the equipment is difficult to inspect, of the leak.
and the plan for inspecting the equip- (vi) The name, initials, or other form
ment. of identification of the owner or oper-
(6) For each vapor collection system ator (or designee) whose decision it was
or closed-vent system that contains by- that repair could not be effected with-
pass lines that could divert a vent out a shutdown.
214
(vii) The expected date of successful (e) Precompliance report. The

repair of the leak if a leak is not re- Precompliance report shall be sub-
paired within 15 calendar days. mitted at least 6 months prior to the
(viii) Dates of shutdowns that occur compliance date of the standard. For
while the equipment is unrepaired. new sources, the Precompliance report
(ix) The date of successful repair of shall be submitted to the Adminis-
the leak. trator with the application for ap-
(8) For each inspection conducted in proval of construction or reconstruc-
accordance with § 63.1258(h)(3) during tion. The Administrator shall have 90
which no leaks are detected, a record days to approve or disapprove the plan.
that the inspection was performed, the The plan shall be considered approved
date of the inspection, and a statement if the Administrator either approves
that no leaks were detected. the plan in writing, or fails to dis-
(9) For each visual inspection con- approve the plan in writing. The 90 day
ducted in accordance with period shall begin when the Adminis-
§ 63.1258(h)(2)(i)(B) or (h)(2)(iii)(B) of trator receives the request. If the re-
this section during which no leaks are quest is denied, the owner or operator
detected, a record that the inspection must still be in compliance with the
was performed, the date of the inspec- standard by the compliance date. To
tion, and a statement that no leaks change any of the information sub-
were detected. mitted in the report, the owner or op-
[63 FR 50326, Sept. 21, 1998, as amended at 65 erator shall notify the Administrator
FR 52613, Aug. 29, 2000; 66 FR 40135, Aug. 2, 90 days before the planned change is to
2001; 70 FR 25670, May 13, 2005; 71 FR 20459, be implemented; the change shall be
Apr. 20, 2006; 76 FR 22601, Apr. 21, 2011] considered approved if the Adminis-
trator either approves the change in
§ 63.1260 Reporting requirements. writing, or fails to disapprove the
(a) The owner or operator of an af- change in writing. The Precompliance
fected source shall comply with the re- report shall include:
porting requirements of paragraphs (b) (1) Requests for approval to use alter-
through (n) of this section. Applicable native monitoring parameters or re-
reporting requirements of §§ 63.9 and quests to set monitoring parameters
63.10 are also summarized in Table 1 of according to § 63.1258(b)(4).
this subpart. (2) Descriptions of the daily or per
(b) Initial notification. The owner or batch demonstrations to verify that
operator shall submit the applicable control devices subject to
initial notification in accordance with § 63.1258(b)(1)(i) are operating as de-
§ 63.9(b) or (d). signed.
(c) Application for approval of con- (3) A description of test conditions,
struction or reconstruction. An owner or and the corresponding monitoring pa-
operator who is subject to § 63.5(b)(3) rameter values for parameters that are
shall submit to the Administrator an set according to § 63.1258(b)(3)(ii)(C).
application for approval of the con- (4) For owners and operators com-
struction of a new major affected plying with the requirements of
source, the reconstruction of a major § 63.1252(e), the P2 demonstration sum-
affected source, or the reconstruction mary required in § 63.1257(f).
of a major source such that the source (5) Data and rationale used to sup-
becomes a major affected source sub- port an engineering assessment to cal-
ject to the standards. The application culate uncontrolled emissions from
shall be prepared in accordance with process vents as required in
§ 63.5(d). § 63.1257(d)(2)(ii).
(d) Notification of CMS performance (6) Data and other information sup-
evaluation. An owner or operator who is porting the determination of annual
required by the Administrator to con- average concentrations by process sim-
duct a performance evaluation for a ulation as required in § 63.1257(e)(1)(ii).
continuous monitoring system shall (7) Bench scale or pilot-scale test
notify the Administrator of the date of data and rationale used to determine
the performance evaluation as speci- annual average concentrations as re-
fied in § 63.8(e)(2). quired in § 63.1257(e)(1)(ii)(C).
215
§ 63.1260 40 CFR Ch. I (7–1–16 Edition)
(f) Notification of Compliance Status re- cation of Compliance Status is due.

port. The Notification of Compliance Each subsequent Periodic report shall
Status report required under § 63.9 shall cover the 6-month period following the
be submitted no later than 150 days preceding period.
after the compliance date and shall in- (i) When the Administrator deter-
clude: mines on a case-by-case basis that
(1) The results of any applicability more frequent reporting is necessary to
determinations, emission calculations, accurately assess the compliance sta-
or analyses used to identify and quan- tus of the affected source; or
tify HAP emissions from the affected (ii) Quarterly reports shall be sub-
source. mitted when the source experiences an
(2) The results of emissions profiles, exceedance of a temperature limit
performance tests, engineering anal- monitored according to the provisions
yses, design evaluations, or calcula- of § 63.1258(b)(1)(iii) or an exceedance of
tions used to demonstrate compliance. the outlet concentration monitored ac-
For performance tests, results should cording to the provisions of
include descriptions of sampling and § 63.1258(b)(1)(x) or (b)(5). Once an af-
analysis procedures and quality assur- fected source reports quarterly, the af-
ance procedures. fected source shall follow a quarterly
(3) Descriptions of monitoring de- reporting format until a request to re-
vices, monitoring frequencies, and the duce reporting frequency is approved.
values of monitored parameters estab- If an owner or operator submits a re-
lished during the initial compliance de- quest to reduce the frequency of re-
terminations, including data and cal- porting, the provisions in § 63.10(e)(3)(ii)
culations to support the levels estab- and (iii) shall apply, except that the
lished. phrase ‘‘excess emissions and contin-
(4) Listing of all operating scenarios. uous monitoring system performance
(5) Descriptions of worst-case oper- report and/or summary report’’ shall
ating and/or testing conditions for con- mean ‘‘Periodic report’’ for the pur-
trol devices. poses of this section.
(6) Identification of emission points (iii) When a new operating scenario
subject to overlapping requirements has been operated since the last report,
described in § 63.1250(h) and the author- in which case quarterly reports shall be
ity under which the owner or operator submitted.
will comply. (2) Content of Periodic report. The
(7) Anticipated periods of planned owner or operator shall include the in-
routine maintenance of a CCCD subject formation in paragraphs (g)(2)(i)
to § 63.1252(h) during the period between through (vii) of this section, as applica-
the compliance date and the end of the ble.
period covered by the first Periodic re- (i) Each Periodic report must include
port, and if applicable, the rationale the information in § 63.10(e)(3)(vi)(A)
for why the planned routine mainte- through (I) and (K) through (M). For
nance must be performed while a proc- each continuous monitoring system,
ess with a vent subject to § 63.1254(a)(3) the Periodic report must also include
will be operating. the information in § 63.10(e)(3)(vi)(J).
(g) Periodic reports. An owner or oper- (ii) If the total duration of excess
ator shall prepare Periodic reports in emissions, parameter exceedances, or
accordance with paragraphs (g)(1) and excursions for the reporting period is 1
(2) of this section and submit them to percent or greater of the total oper-
the Administrator. ating time for the reporting period, or
(1) Submittal schedule. Except as pro- the total continuous monitoring sys-
vided in paragraphs (g)(1)(i), (ii), and tem downtime for the reporting period
(iii) of this section, an owner or oper- is 5 percent or greater of the total op-
ator shall submit Periodic reports erating time for the reporting period,
semiannually. The first report shall be the Periodic report must include the
submitted no later than 240 days after information in paragraphs (g)(2)(ii)(A)
the Notification of Compliance Status through (D) of this section.

is due and shall cover the 6-month pe- (A) Monitoring data, including 15-
riod beginning on the date the Notifi- minute monitoring values as well as
216
daily average values of monitored pa- riod and anticipated periods of planned
rameters, for all operating days when routine maintenance during the next
the average values were outside the reporting period.
ranges established in the Notification (C) Rationale for why planned rou-
of Compliance Status report or oper- tine maintenance of a CCCD subject to
ating permit. § 63.1252(h) must be performed while a
(B) Duration of excursions, as defined process with a vent subject to
in § 63.1258(b)(7). § 63.1254(a)(3) will be operating, if appli-
(C) Operating logs and operating sce- cable. This requirement applies only if
narios for all operating scenarios for the rationale is not in, or differs from
all operating days when the values are that in, the Notification of Compliance
outside the levels established in the Status report.
Notification of Compliance Status re- (vii) Each new operating scenario
port or operating permit. which has been operated since the time
(D) When a continuous monitoring period covered by the last Periodic re-
system is used, the information report. For each new operating scenario,
quired in § 63.10(c)(5) through (13). the owner or operator shall provide
(iii) For each inspection conducted in verification that the operating condi-
accordance with § 63.1258(h)(2) or (3) tions for any associated control or
during which a leak is detected, the treatment device have not been exceed-
records specified in § 63.1259(i)(7) must ed, and that any required calculations
be included in the next Periodic report. and engineering analyses have been
(iv) For each vapor collection system performed. For the initial Periodic re-
or closed vent system with a bypass port, each operating scenario for each
line subject to § 63.1252(b)(1), records re- process operated since the due date of
quired under § 63.1259(i)(6)(i) of all peri- the Notification of Compliance Status
ods when the vent stream is diverted Report shall be submitted.
from the control device through a by-
(viii) If the owner or operator elects
pass line. For each vapor collection
to comply with the provisions of
system or closed vent system with a
§ 63.1253(b) or (c) by installing a float-
bypass line subject to § 63.1252(b)(2),
ing roof, the owner or operator shall
records required under § 63.1259(i)(6)(ii)
submit the information specified in
of all periods in which the seal mecha-
§ 63.122(d) through (f) as applicable. Ref-
nism is broken, the bypass valve posi-
erences to § 63.152 from § 63.122 shall not
tion has changed, or the key to unlock
apply for the purposes of this subpart.
the bypass line valve was checked out.
(v) The information in paragraphs (h) Notification of process change. (1)
(g)(2)(v)(A) through (D) of this section Except as specified in paragraph (h)(2)
shall be stated in the Periodic report, of this section, whenever a process
when applicable. change is made, or a change in any of
(A) No excess emissions. the information submitted in the Noti-
(B) No exceedances of a parameter. fication of Compliance Status Report,
(C) No excursions. the owner or operator shall submit the
(D) No continuous monitoring system information specified in paragraphs
has been inoperative, out of control, re- (h)(1)(i) through (iv) of this section
paired, or adjusted. with the next Periodic report required
(vi) The information specified in under paragraph (g) of this section.
paragraphs (g)(2)(vi)(A) through (C) for (i) A brief description of the process
periods of planned routine mainte- change.
nance. (ii) A description of any modifica-
(A) For each storage tank subject to tions to standard procedures or quality
control requirements, periods of assurance procedures.
planned routine maintenance during (iii) Revisions to any of the informa-
which the control device does not meet tion reported in the original Notifica-
the specifications of § 63.1253(b) through tion of Compliance Status Report
(d). under paragraph (f) of this section.
(B) For a CCCD subject to § 63.1252(h), (iv) Information required by the No-
periods of planned routine mainte- tification of Compliance Status Report
nance during the current reporting pe- under paragraph (f) of this section for
217
§ 63.1260 40 CFR Ch. I (7–1–16 Edition)
changes involving the addition of proc- (5) Changes to the Implementation

esses or equipment. Plan which affect the calculation
(2) An owner or operator must submit methodology of uncontrolled or con-
a report 60 days before the scheduled trolled emissions or the hazard or risk
implementation date of either of the equivalency determination.
following: (6) Every second semiannual or
(i) Any change in the activity cov- fourth quarterly report, as appropriate,
ered by the Precompliance report. shall include the results according to
(ii) A change in the status of a con- § 63.1259(e)(4) to demonstrate the emis-
trol device from small to large. sions averaging provisions of
(i) The owner or operator shall sub- §§ 63.1252(d), 63.1257(g) and (h), 63.1258(f),
mit a report of the number, duration, and 63.1259(f) are satisfied.
and a brief description for each type of (l) Notification of performance test and
malfunction which occurred during the test plan. The owner or operator of an
reporting period and which caused or affected source shall notify the Admin-
may have caused any applicable emis- istrator of the planned date of a per-
sion limitation to be exceeded. The re- formance test at least 60 days before
port must also include a description of the test in accordance with § 63.7(b).
actions taken by an owner or operator The owner or operator also must sub-
during a malfunction of an affected mit the test plan required by § 63.7(c)
source to minimize emissions in ac- and the emission profile required by
cordance with § 63.1250(g)(3), including 63.1257(b)(8)(ii) with the notification of
actions taken to correct a malfunction. the performance test.
The report shall be submitted on the (m) Request for extension of compli-
same schedule as the periodic reports ance. An owner or operator may submit
required under paragraph (g) of this to the Administrator a request for an
section. extension of compliance in accordance
(j) Reports of LDAR programs. The with § 63.1250(f)(4).
owner or operator of any affected (n)(1) As of January 1, 2012, and with-
source implementing the LDAR pro- in 60 days after the date of completing
gram specified in § 63.1255 of this sub- each performance test, as defined in
part shall implement the reporting re- § 63.2 and as required in this subpart,
quirements in § 63.1255 of this subpart. you must submit performance test
Copies of all reports shall be retained data, except opacity data, electroni-
as records for a period of 5 years, in ac- cally to EPA’s Central Data Exchange
cordance with the requirements of by using the ERT (see http://
§ 63.10(b)(1). www.epa.gov/ttn/chief/ert/ert tool.html/)
(k) Reports of emissions averaging. The or other compatible electronic spread-
owner or operator of any affected sheet. Only data collected using test
source that chooses to comply with the methods compatible with ERT are sub-
requirements of § 63.1252(d) shall submit ject to this requirement to be sub-
the implementation plan described in mitted electronically into EPA’s
§ 63.1259(e) 6 months prior to the com- WebFIRE database.
pliance date of the standard and the (2) All reports required by this sub-
following information in the periodic part not subject to the requirements in
reports: paragraphs (n)(1) of this section must
(1) The records specified in § 63.1259(e) be sent to the Administrator at the ap-
for each process or storage tank in- propriate address listed in § 63.13. If ac-
cluded in the emissions average; ceptable to both the Administrator and
(2) All information as specified in the owner or operator of a source,
paragraph (g) of this section for each these reports may be submitted on
process or storage tank included in the electronic media. The Administrator
emissions average; retains the right to require submittal
(3) Any changes of the processes or of reports subject to paragraph (n)(1) of
storage tanks included in the average. this section in paper format.
(4) The calculation of the overall per- [63 FR 50326, Sept. 21, 1998, as amended at 65
cent reduction efficiency for the re- FR 52614, Aug. 29, 2000; 66 FR 40135, Aug. 2,
porting period. 2001; 76 FR 22601, Apr. 21, 2011]
218
Environmental Protection Agency Pt. 63, Subpt. GGG, Table 1
§ 63.1261 Implementation and enforce- (c) The authorities that cannot be

ment. delegated to State, local, or Tribal
(a) This subpart can be implemented agencies are as specified in paragraphs
and enforced by the U.S. EPA, or a del- (c)(1) through (4) of this section.
egated authority such as the applicable (1) Approval of alternatives to the re-
State, local, or Tribal agency. If the quirements in §§ 63.1250 and 63.1252
U.S. EPA Administrator has delegated through 63.1256. Where these standards
authority to a State, local, or Tribal reference another subpart, the cited
agency, then that agency, in addition provisions will be delegated according
to the U.S. EPA, has the authority to to the delegation provisions of the ref-
implement and enforce this subpart. erenced subpart.
Contact the applicable U.S. EPA Re- (2) Approval of major alternatives to
gional Office to find out if implementa- test methods under § 63.7(e)(2)(ii) and
tion and enforcement of this subpart is
(f), as defined in § 63.90, and as required
delegated to a State, local, or Tribal
agency. in this subpart.
(b) In delegating implementation and (3) Approval of major alternatives to
enforcement authority of this subpart monitoring under § 63.8(f), as defined in
to a State, local, or Tribal agency § 63.90, and as required in this subpart.
under subpart E of this part, the au- (4) Approval of major alternatives to
thorities contained in paragraph (c) of recordkeeping and reporting under
this section are retained by the Admin- § 63.10(f), as defined in § 63.90, and as re-
istrator of U.S. EPA and cannot be quired in this subpart.
transferred to the State, local, or Trib-
[68 FR 37356, June 23, 2003]
al agency.
TABLE 1 TO SUBPART GGG OF PART 63—GENERAL PROVISIONS APPLICABILITY TO

SUBPART GGG
General provisions Applies to sub-
Summary of requirements Comments
reference part GGG
63.1(a)(1) .................. General applicability of the General Pro- Yes ..................... Additional terms defined in § 63.1251;
visions. when overlap between subparts A and
GGG of this part, subpart GGG takes
precedence.
63.1(a)(2–7) .............. .................................................................. Yes
63.1(a)(8) .................. .................................................................. No ....................... Discusses state programs.
63.1(a)(9–14) ............ .................................................................. Yes
63.1(b)(1) .................. Initial applicability determination ............. Yes ..................... Subpart GGG clarifies the applicability in
§ 63.1250.
63.1(b)(2) .................. Title V operating permit—see part 70 ..... Yes ..................... All major affected sources are required
to obtain a title V permit.
63.1(b)(3) .................. Record of the applicability determination Yes ..................... All affected sources are subject to sub-
part GGG according to the applica-
bility definition of subpart GGG.
63.1(c)(1) .................. Applicability after standards are set ........ Yes ..................... Subpart GGG clarifies the applicability of
each paragraph of subpart A to
sources subject to subpart GGG.
63.1(c)(2) .................. Title V permit requirement ....................... No ....................... All major affected sources are required
to obtain a title V permit. Area sources
are not subject to subpart GGG.
63.1(c)(3) .................. Reserved .............................
63.1(c)(4) .................. Requirements for existing source that Yes
obtains an extension of compliance.
§ 63.1(c)(5) ................ Notification requirements for an area Yes
source that increases HAP emissions
to major source levels.
63.1(d) ...................... [Reserved] ............................................... NA
63.1(e) ...................... Applicability of permit program before a Yes
relevant standard has been set.
63.2 ........................... Definitions. ............................................... Yes ..................... Additional terms defined in § 63.1251;
when overlap between subparts A and
GGG of this part occurs, subpart GGG

takes precedence.
63.3 ........................... Units and abbreviations. .......................... Yes ..................... Other units used in subpart GGG are
defined in that subpart.
219
Pt. 63, Subpt. GGG, Table 1 40 CFR Ch. I (7–1–16 Edition)

reference part GGG
63.4 ........................... Prohibited activities. ................................ Yes

63.5(a) ...................... Construction and reconstruction—appli- Yes ..................... Except replace the terms ‘‘source’’ and
cability. ‘‘stationary source’’ with ‘‘affected
source’’.
63.5(b)(1) .................. Upon construction, relevant standards Yes
for new sources.
63.5(b)(2) .................. [Reserved] ............................................... NA
63.5(b)(3) .................. New construction/reconstruction ............. Yes ..................... Except for changes and additions au-
thorized under § 52.2454 of this title.
However, the requirement to submit
the Precompliance report at least 90
days before the compliance date still
applies.
63.5(b)(4) .................. Construction/reconstruction notification .. Yes
63.5(b)(5) .................. Construction/reconstruction compliance Yes
63.5(b)(6) .................. Equipment addition or process change .. Yes
63.5(c) ....................... [Reserved] ............................................... NA
63.5(d) ...................... Application for approval of construction/ Yes ..................... Except for certain provisions identified in
reconstruction. 63.1259(a)(5)
§ 63.5(e) .................... Construction/reconstruction approval ...... Yes
63.5(f) ....................... Construction/reconstruction approval Yes ..................... Except replace ‘‘source’’ with ‘‘affected
based on prior State review.. source’’.
63.6(a)(1) .................. Compliance with standards and mainte- Yes
nance requirements.
63.6(a)(2) .................. Requirements for area source that in- Yes
creases emissions to become major.
63.6(b)(1–2) .............. Compliance dates for new and recon- No ....................... Subpart GGG specifies compliance
structed sources. dates.
63.6(b)(3–6) .............. Compliance dates for area sources that Yes
become major sources.
63.6 (b)(7) ................. Compliance dates for new sources re- No ....................... Subpart GGG specifies NS applicability
sulting from new unaffected area and compliance dates
sources becoming subject to stand-
ards.
63.6(c) ....................... Compliance dates for existing sources ... Yes ..................... Except replace ‘‘source’’ with ‘‘affected
source’’. Subpart GGG specifies com-
pliance dates.
§ 63.6(e)(1)(i) ............ Requirements during periods of startup, No ....................... See 63.1250(g)(3) for general duty re-
shutdown, and malfunction. quirement. Any cross-reference to
63.6(e)(1)(i) in any other general pro-
vision incorporated by reference shall
be treated as a cross-reference to
63.1250(g)(3).
§ 63.6(e)(1)(ii) ........... Malfunction correction requirements ....... No.
§ 63.6(e)(1)(iii) ........... Enforceability of operation and mainte- Yes.
nance requirements.
§ 63.6(e)(2) ............... Reserved ................................................. No ....................... Section reserved.
§ 63.6(e)(3) ............... Startup, shutdown, and malfunction plan No.
requirements.
63.6(f)(1) ................... Applicability of nonopacity emission No.
standards.
63.6(f)(2)–(3) ............. Methods of determining compliance and Yes.
findings compliance.
63.6(g) ...................... Use of an alternative nonopacity emis- Yes.
sion standard.
63.6(h) ...................... Opacity and visible emission standards .. No ....................... Subpart GGG does not contain any
opacity or visible emission standards.
§ 63.6(i)(1) through Requests for compliance extensions ...... No ....................... § 63.1250(f)(6) specifies provisions for
(7). compliance extensions.
§ 63.6(i)(8) through Approval of compliance extensions ........ Yes ..................... Except references to § 63.6(i)(4) through
(14). (6) mean § 63.1250(f)(6).
63.6(j) ........................ Exemption from compliance with emis- Yes
sion standards.
63.7(a)(1) .................. Performance testing requirements .......... Yes ..................... Subpart GGG also specifies required
testing and compliance procedures.
63.7(a)(2)(i)–(ix) ........ .................................................................. Yes ..................... Except substitute ‘‘150 days’’ instead of
‘‘180 days.’’
63.7(a)(3) .................. .................................................................. Yes

63.7(b)(1) .................. Notification of performance test .............. Yes
63.7(b)(2) .................. Notification of delay in conducting a Yes
scheduled performance test.
220

reference part GGG
63.7(c) ....................... Quality assurance program ..................... Yes ..................... Except that the test plan must be sub-
mitted with the notification of the per-
formance test.
63.7(d) ...................... Performance testing facilities. ................. Yes ..................... Except replace ‘‘source’’ with ‘‘affected
source’’.
63.7(e)(1) .................. Conduct of performance tests ................. No ....................... See 63.1257(a) text. Any cross-ref-
erence to 63.7(e)(1) in any other gen-
eral provision incorporated by ref-
erence shall be treated as a cross-ref-
erence to 63.1257(a).
63.7(e)(2)–(4) ............ Performance tests requirements ............. Yes.
63.7(f) ....................... Use of alternative test method ................ Yes
63.7(g) ...................... Data analysis, recordkeeping, and re- Yes
porting.
63.7(h) ...................... Waiver of performance tests ................... Yes
63.8(a) ...................... Monitoring requirements .......................... Yes ..................... See § 63.1258.
63.8(b)(1) .................. Conduct of monitoring ............................. Yes
63.8(b)(2) .................. CMS and combined effluents .................. No ....................... § 63.1258 of subpart GGG provides spe-
cific CMS requirements.
63.8(b)(3)–(c)(4) ....... CMS requirements .................................. Yes ..................... § 63.1259 also specifies recordkeeping
for CMS.
63.8(c)(5) .................. COMS operation requirements ............... No.
63.8(c)(6)–(8) ............ CMS calibration and malfunction provi- No ....................... Calibration procedures are provided in
sions. § 63.1258.
63.8(d)(1)–(2) ............ CMS quality control program require- Yes.
ments.
63.8(d)(3) .................. CMS quality control program record- Yes, except for
keeping requirements. last sentence.
63.8(e)(1) .................. Performance evaluations of CMS ........... Yes
63.8(e)(2) .................. Notification of performance evaluation .... Yes
63.8(e)(3–4) .............. CMS requirements/alternatives ............... Yes
§ 63.8(e)(5)(i) ............ Reporting performance evaluation re- Yes ..................... See § 63.1260(a).
sults.
63.1260 (a)..
63.8(e)(5)(ii) .............. Results of COMS performance evalua- No ....................... Subpart GGG does not contain any
tion. opacity or visible emission standards.
63.8(f)–(g) ................. Alternative monitoring method/reduction Yes
of monitoring data.
63.9(a)–(d) ................ Notification requirements—Applicability Yes ..................... § 63.1260 (b) also specifies initial notifi-
and general information. cation requirement.
63.9(e) ...................... Notification of performance test .............. Yes ..................... § 63.1260 (l) also specifies notification
requirement for performance test.
63.9(f) ....................... Notification of opacity and visible emis- No ....................... Subpart GGG does not contain any
sions observations. opacity or visible emission standards.
63.9(g)(1) .................. Additional notification requirements for Yes ..................... § 63.1260 (d) also specifies notification
sources with CMS. requirement for performance evalua-
tion.
63.9(g)(2) .................. Notification of compliance with opacity No ....................... Subpart GGG does not contain any
emission standard. opacity or visible emission standards.
63.9(g)(3) .................. Notification that criterion to continue use Yes ..................... § 63.1260 (d) also specifies notification
of alternative to relative accuracy test- requirement for performance evalua-
ing has been exceeded. tion.
63.9(h) ...................... Notification of compliance status ............ Yes ..................... Specified in § 63.1260(f). Due 150 days
after compliance date.
63.9(i) ........................ Adjustment to time periods or postmark Yes
deadlines for submittal and review of
required communications.
63.9(j) ........................ Change in information provided .............. No ....................... Subpart GGG specifies procedures for
notification of changes.
63.10(a) .................... Recordkeeping requirements .................. Yes.
63.1259..
63.10(b)(1) ................ Records retention .................................... Yes ..................... Also stated in § 63.1259.
63.10(b)(2) ................ Information and documentation to sup- No ....................... Subpart GGG specifies recordkeeping
port notifications. requirements.
63.10(b)(3) ................ Records retention for sources not sub- Yes ..................... Also stated in § 63.1259 (a)(2).
ject to relevant standard.
63.10(c)(1)–(9) .......... Additional recordkeeping requirements Yes.
for sources with continuous monitoring
systems.
63.10(c)(10) .............. Malfunction recordkeeping requirement .. No ....................... Subpart GGG specifies recordkeeping
requirements.
63.10(c)(11) .............. Malfunction corrective action record- No ....................... Subpart GGG specifies recordkeeping
keeping requirement. requirements.
221

reference part GGG
63.10(c)(12)–(14) ...... Additional recordkeeping requirements Yes.

for sources with continuous monitoring
systems.
63.10(c)(15) .............. Additional SSM recordkeeping require- No.
ments.
63.10(d)(1)–(2) .......... General reporting requirements .............. Yes.
63.10(d)(3) ................ Reporting results of opacity or visible No ....................... Subpart GGG does not include any
emissions observations. opacity or visible emission standards.
63.10(d)(4) ................ Progress report requirements ................. Yes.
63.10(d)(5) ................ Startup, shutdown, and malfunction re- No ....................... Subpart GGG specifies reporting re-
port requirements. quirements.
63.10(e) .................... Additional CMS reporting requirements .. Yes.
63.10(f) ..................... Waiver of recordkeeping or reporting re- Yes.
quirements..
63.11 ......................... Control device and equipment leak work Yes.
practice requirements.
63.13 ......................... Addresses of State air pollution control Yes.
agencies.
63.14 ......................... Incorporations by reference .................... Yes.
63.15 ......................... Availability of information and confiden- Yes.
tiality.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000; 66 FR 40136, Aug. 2, 2001;
73 FR 78213, Dec. 22, 2008; 76 FR 22601, Apr. 21, 2011]
TABLE 2 TO SUBPART GGG OF PART 63—PARTIALLY SOLUBLE HAP

1,1,1–Trichloroethane (methyl chloroform) ................................. Chloroform
1,1,2,2-Tetrachloroethane ........................................................... Chloromethane
1,1,2-Trichloroethane ................................................................... Chloroprene
1,1-Dichloroethylene (vinylidene chloride) .................................. Cumene
1,2-Dibromoethane ...................................................................... Dichloroethyl ether
1,2-Dichloroethane (ethylene dichloride) ..................................... Dinitrophenol
1,2-Dichloropropane .................................................................... Epichlorohydrin
1,3-Dichloropropene .................................................................... Ethyl acrylate
2,4,5-Trichlorophenol ................................................................... Ethylbenzene
2-Butanone (mek) ........................................................................ Ethylene oxide
1,4-Dichlorobenzene .................................................................... Hexachlorobenzene
2-Nitropropane ............................................................................. Hexachlorobutadiene
4–Methyl-2-pentanone (MIBK) .................................................... Hexachloroethane
Acetaldehyde ............................................................................... Methyl methacrylate
Acrolein ........................................................................................ Methyl-t-butyl ether
Acrylonitrile .................................................................................. Methylene chloride
Allyl chloride ................................................................................ N,N-dimethylaniline
Benzene ....................................................................................... Propionaldehyde
Benzyl chloride ............................................................................ Propylene oxide
Biphenyl ....................................................................................... Styrene
Bromoform (tribromomethane) .................................................... Tetrachloroethene (perchloroethylene)
Bromomethane ............................................................................ Tetrachloromethane (carbon tetrachloride
Butadiene ..................................................................................... Toluene
Carbon disulfide ........................................................................... Trichlorobenzene (1,2,4-)
Chlorobenzene ............................................................................ Trichloroethylene
Chloroethane (ethyl chloride) ...................................................... Trimethylpentane
Vinyl acetate ................................................................................ Xylene (p)
Vinyl chloride ............................................................................... N-hexane
Xylene (m).
Xylene (o).
[66 FR 40136, Aug. 2, 2001]
TABLE 3 TO SUBPART GGG OF PART 63— Compound

SOLUBLE HAP
Acetophenone.
Compound Diethyl sulfate.
Dimethyl sulfate.
1,1-Dimethylhydrazine. Dinitrotoluene.
1,4-Dioxane. Ethylene glycol dimethyl ether.
Acetonitrile. Ethylene glycol monobutyl ether acetate.
222
Compound Compound
Ethylene glycol monomethyl ether acetate. Toluidene.

Isophorone. Triethylamine.
Methanol (methyl alcohol).
Nitrobenzene.
[66 FR 40137, Aug. 2, 2001]
TABLE 4 TO SUBPART GGG OF PART 63—MONITORING REQUIREMENTS FOR CONTROL

DEVICES A
Monitoring equipment re-
Control device Parameters to be monitored Frequency
quired
All control devices ................... 1. Flow indicator installed at 1. Presence of flow diverted Hourly records of whether the
all bypass lines to the at- from the control device to flow indicator was operating
mosphere and equipped the atmosphere or. and whether a diversion
with continuous recorder or. was detected at any time
during each hour.
2. Valves sealed closed with 2. Monthly inspections of Monthly.
car-seal or lock-and-key sealed valves.
configuration.
Scrubber .................................. Liquid flow rate or pressure 1. Liquid flow rate into or out 1. Every 15 minutes.
drop mounting device. Also of the scrubber or the pres-
a pH monitor if the scrub- sure drop across the scrub-
ber is used to control acid ber.
emissions.
2. pH of effluent scrubber liq- 2. Once a day.
uid.
Thermal incinerator .................. Temperature monitoring de- Firebox temperature ............... Every 15 minutes.
vice installed in firebox or in
ductwork immediately
downstream of firebox b.
Catalytic incinerator ................. Temperature monitoring de- Temperature difference Every 15 minutes.
vice installed in gas stream across catalyst bed.
immediately before and
after catalyst bed.
Flare ......................................... Heat sensing device installed Presence of a flame at the Every 15 minutes.
at the pilot light. pilot light.
Boiler or process heater <44 Temperature monitoring de- Combustion temperature ....... Every 15 minutes.
mega watts and vent stream vice installed in firebox b.
is not mixed with the primary
fuel.
Condenser ............................... Temperature monitoring de- Condenser exit (product side) Every 15 minutes.
vice installed at condenser temperature.
exit.
Carbon adsorber (nonregen- None ....................................... Operating time since last re- N/A.
erative). placement.
Carbon adsorber (regenera- Stream flow monitoring de- 1. Total regeneration stream 1. For each regeneration
tive). vice, and. mass or volumetric flow cycle, record the total re-
during carbon bed regen- generation stream mass or
eration cycle(s). volumetric flow.
Carbon bed temperature 2. Temperature of carbon bed 2. For each regeneration
monitoring device. after regeneration. cycle, record the maximum
carbon bed-temperature.
3. Temperature of carbon bed 3. Within 15 minutes of com-
within 15 minutes of completing any cooling cycle,
pleting any cooling cycle(s). record the carbon bed tem-
perature.
4. Operating time since end 4. Operating time to be based
of last regeneration. on worst-case conditions.
5. Check for bed poisoning .... 5. Yearly.
a As an alternative to the monitoring requirements specified in this table, the owner or operator may use a CEM meeting the
requirements of Performance Specifications 8 or 9 of appendix B of part 60 to monitor TOC every 15 minutes.
b Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat
exchange is encountered.
TABLE 5 TO SUBPART GGG OF PART 63—CONTROL REQUIREMENTS FOR ITEMS OF

EQUIPMENT THAT MEET THE CRITERIA OF § 63.1252(f)
Item of equipment Control requirement a
Drain or drain hub .......... (a) Tightly fitting solid cover (TFSC); or
223
Item of equipment Control requirement a
(b) TFSC with a vent to either a process or to a control device meeting the requirements of
§ 63.1256(h)(2); or
(c) Water seal with submerged discharge or barrier to protect discharge from wind.
Manhole b ........................ (a) TFSC; or
(b) TSFC with a vent to either a process or to a control device meeting the requirements of
§ 63.1256(h)(2); or
(c) If the item is vented to the atmosphere, use a TFSC with a properly operating water seal at the
entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall be at
least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter.
Lift station ....................... (a) TFSC; or
§ 63.1256(h)(2); or
(c) If the lift station is vented to the atmosphere, use a TFSC with a properly operating water seal at
the entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall
be at least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter. The lift station
shall be level controlled to minimize changes in the liquid level.
Trench ............................ (a) TFSC; or
§ 63.1256(h)(2); or
(c) If the item is vented to the atmosphere, use a TFSC with a properly operating water seal at the
entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall be at
least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter.
Pipe ................................ Each pipe shall have no visible gaps in joints, seals, or other emission interfaces.
Oil/Water separator ........ (a) Equip with a fixed roof and route vapors to a process or equip with a closed-vent system that
routes vapors to a control device meeting the requirements of § 63.1256(h)(2); or
(b) Equip with a floating roof that meets the equipment specifications of § 60.693(a)(1)(i), (a)(1)(ii),
(a)(2), (a)(3), and (a)(4).
Tank ................................ Maintain a fixed roof and consider vents as process vents. c
a Where a tightly fitting solid cover is required, it shall be maintained with no visible gaps or openings, except during periods of
sampling, inspection, or maintenance.
b Manhole includes sumps and other points of access to a conveyance system.
c A fixed roof may have openings necessary for proper venting of the tank, such as pressure/vacuum vent, j-pipe vent.
[65 FR 52616, Aug. 29, 2000]
TABLE 6 TO SUBPART GGG OF PART 63—WASTEWATER—COMPLIANCE OPTIONS FOR

WASTEWATER TANKS
Maximum true
Capacity, m3 vapor pres- Control requirements
sure, kPa
<75 ......................................................................................................................... ........................ § 63.1256(b)(1).

>75 and <151 ........................................................................................................ <13.1 § 63.1256(b)(1).
>13.1 § 63.1256(b)(2).
>151 ....................................................................................................................... <5.2 § 63.1256(b)(1).
>5.2 § 63.1256(b)(2).
TABLE 7 TO SUBPART GGG OF PART 63—WASTEWATER—INSPECTION AND MONITORING

REQUIREMENTS FOR WASTE MANAGEMENT UNITS
Inspection or monitoring re- Frequency of inspection or
To comply with Method
quirement monitoring
TANKS:
63.1256(b)(3)(i) ................. Inspect fixed roof and all Initially Semiannually ............. Visual.
openings for leaks.
63.1256(b)(4) .................... Inspect floating roof in ac- See §§ 63.120(a)(2) and Visual.
cordance with (a)(3).
§§ 63.120(a)(2) and (a)(3).
63.1256(b)(5) .................... Measure floating roof seal ................................................ See § 63.120(b)(2)(i) through
gaps in accordance with (b)(4).
§§ 63.120(b)(2)(i) through
(b)(4).
—Primary seal gaps .............. Initially Once every 5 years
(annually if no secondary
seal).
—Secondary seal gaps .......... Initially Semiannually .............
63.1256(b)(7) ........................... Inspect wastewater tank for Initially Semiannually ............. Visual.
63.1256(b)(8) ........................... control equipment failures
and improper work prac-
tices.
224
Inspection or monitoring re- Frequency of inspection or

To comply with Method
quirement monitoring
SURFACE IMPOUNDMENTS:
63.1256(c)(1)(i) ................. Inspect cover and all open- Initially Semiannually ............. Visual.
ings for leaks.
63.1256(c)(2) .................... Inspect surface impoundment Initially Semiannually ............. Visual.
for control equipment fail-
ures and improper work
practices.
CONTAINERS:
63.1256(d)(1)(i) ................. Inspect cover and all open- Initially Semiannually ............. Visual.
63.1256(d)(1)(ii) ................ ings for leaks.
63.1256(d)(3)(i) ................. Inspect enclosure and all Initially Semiannually ............. Visual.
openings for leaks.
63.1256(d)(4) .................... Inspect container for control Initially Semiannually ............. Visual.
equipment failures and im-
proper work practices.
INDIVIDUAL DRAIN SYS-
TEMS a:
63.1256(e)(1)(i) ................. Inspect cover and all open- Initially Semiannually ............. Visual.
ings to ensure there are no
gaps, cracks, or holes.
63.1256(e)(2) .................... Inspect individual drain sys- Initially Semiannually ............. Visual.
tem for control equipment
failures and improper work
practices.
63.1256(e)(4)(i) ................. Verify that sufficient water is Initially Semiannually ............. Visual.
present to properly maintain
integrity of water seals.
63.1256(e)(4)(ii) ................ Inspect all drains using tight- Initially Semiannually ............. Visual.
63.1256(e)(5)(i) ................. ly-fitted caps or plugs to en-
sure caps and plugs are in
place and properly installed.
63.1256(e)(5)(ii) ................ Inspect all junction boxes to Initially Semiannually ............. Visual or smoke test or other
ensure covers are in place means as specified.
and have no visible gaps,
cracks, or holes.
63.1256(e)(5)(iii) ............... Inspect unburied portion of all Initially Semiannually ............. Visual.
sewer lines for cracks and
gaps.
OIL-WATER SEPARATORS:
63.1256(f)(2)(i) .................. Inspect fixed roof and all Initially Semiannually ............. Visual.
openings for leaks.
63.1256(f)(3) ..................... Measure floating roof seal Initially b .................................. See 40 CFR 60.696(d)(1).
gaps in accordance with 40
CFR 60.696(d)(1).
—Primary seal gaps .............. Once every 5 years. ..............
63.1256(f)(3) ..................... —Secondary seal gaps .......... Initially b Annually.
63.1256(f)(4) ..................... Inspect oil-water separator for Initially Semiannually ............. Visual.
control equipment failures
and improper work prac-
tices.
a As specified in § 63.1256(e), the owner or operator shall comply with either the requirements of § 63.1256(e)(1) and (2) or
§ 63.1256(e)(4) and (5).
b Within 60 days of installation as specified in § 63.1256(f)(3).
TABLE 8 TO SUBPART GGG OF PART 63—FRACTION MEASURED (Fm) FOR HAP

COMPOUNDS IN WASTEWATER STREAMS
Chemical name CAS No. a Fm
Acetaldehyde ............................................................................................................................... 75070 1.00

Acetonitrile ................................................................................................................................... 75058 0.99
Acetophenone ............................................................................................................................. 98862 0.31
Acrolein ........................................................................................................................................ 107028 1.00
Acrylonitrile .................................................................................................................................. 107131 1.00
Allyl chloride ................................................................................................................................ 107051 1.00
Benzene ...................................................................................................................................... 71432 1.00
Benzyl chloride ............................................................................................................................ 100447 1.00
Biphenyl ....................................................................................................................................... 92524 0.86
Bromoform ................................................................................................................................... 75252 1.00

Butadiene (1,3-) ........................................................................................................................... 106990 1.00
Carbon disulfide .......................................................................................................................... 75150 1.00
Carbon tetrachloride .................................................................................................................... 56235 1.00
225
Chemical name CAS No. a Fm
Chlorobenzene ............................................................................................................................ 108907 0.96

Chloroform ................................................................................................................................... 67663 1.00
Chloroprene (2-Chloro-1,3-butadiene) ........................................................................................ 126998 1.00
Cumene ....................................................................................................................................... 98828 1.00
Dichlorobenzene (p-1,4-) ............................................................................................................. 106467 1.00
Dichloroethane (1,2-) (Ethylene dichloride) ................................................................................ 107062 1.00
Dichloroethylether (Bis(2-Chloroethyl ether)) .............................................................................. 111444 0.76
Dichloropropene (1,3-) ................................................................................................................ 542756 1.00
Diethyl sulfate .............................................................................................................................. 64675 0.0025
Dimethyl sulfate ........................................................................................................................... 77781 0.086
Dimethylaniline (N,N-) ................................................................................................................. 121697 0.00080
Dimethylhydrazine (1,1-) ............................................................................................................. 57147 0.38
Dinitrophenol (2,4-) ...................................................................................................................... 51285 0.0077
Dinitrotoluene (2,4-) ..................................................................................................................... 121142 0.085
Dioxane (1,4-) (1,4-Diethyleneoxide) .......................................................................................... 123911 0.87
Epichlorohydrin(1-Chloro-2,3-epoxypropane) ............................................................................. 106898 0.94
Ethyl acrylate ............................................................................................................................... 140885 1.00
Ethylbenzene ............................................................................................................................... 100414 1.00
Ethyl chloride (Chloroethane) ...................................................................................................... 75003 1.00
Ethylene dibromide (Dibromomethane) ...................................................................................... 106934 1.00
Ethylene glycol dimethyl ether .................................................................................................... 110714 0.86
Ethylene glycol monobutyl ether acetate .................................................................................... 112072 0.043
Ethylene glycol monomethyl ether acetate ................................................................................. 110496 0.093
Ethylene oxide ............................................................................................................................. 75218 1.00
Ethylidene dichloride (1,1-Dichloroethane) ................................................................................. 75343 1.00
Hexachlorobenzene ..................................................................................................................... 118741 0.97
Hexachlorobutadiene ................................................................................................................... 87683 0.88
Hexachloroethane ....................................................................................................................... 67721 0.50
Hexane ........................................................................................................................................ 110543 1.00
Isophorone ................................................................................................................................... 78591 0.47
Methanol ...................................................................................................................................... 67561 0.85
Methyl bromide (Bromomethane) ................................................................................................ 74839 1.00
Methyl chloride (Chloromethane) ................................................................................................ 74873 1.00
Methyl ethyl ketone (2-Butanone) ............................................................................................... 78933 0.99
Methyl isobutyl ketone (Hexone) ................................................................................................. 108101 0.98
Methyl methacrylate .................................................................................................................... 80626 1.00
Methyl tert-butyl ether ................................................................................................................. 1634044 1.00
Methylene chloride (Dichloromethane) ....................................................................................... 75092 1.00
Naphthalene ................................................................................................................................ 91203 0.99
Nitrobenzene ............................................................................................................................... 98953 0.39
Nitropropane (2-) ......................................................................................................................... 79469 0.99
Phosgene .................................................................................................................................... 75445 1.00
Propionaldehyde .......................................................................................................................... 123386 1.00
Propylene dichloride (1,2-Dichloropropane) ................................................................................ 78875 1.00
Propylene oxide ........................................................................................................................... 75569 1.00
Styrene ........................................................................................................................................ 100425 1.00
Tetrachloroethane (1,1,2,2-) ........................................................................................................ 79345 1.00
Tetrachloroethylene (Perchloroethylene) .................................................................................... 127184 1.00
Toluene ........................................................................................................................................ 108883 1.00
Toluidine (o-) ............................................................................................................................... 95534 0.15
Trichlorobenzene (1,2,4-) ............................................................................................................ 120821 1.00
Trichloroethane (1,1,1-) (Methyl chloroform) .............................................................................. 71556 1.00
Trichloroethane (1,1,2-) (Vinyl Trichloride) ................................................................................. 79005 0.98
Trichloroethylene ......................................................................................................................... 79016 1.00
Trichlorophenol (2,4,5-) ............................................................................................................... 95954 1.00
Triethylamine ............................................................................................................................... 121448 1.00
Trimethylpentane (2,2,4-) ............................................................................................................ 540841 1.00
Vinyl acetate ................................................................................................................................ 108054 1.00
Vinyl chloride (Chloroethylene) ................................................................................................... 75014 1.00
Vinylidene chloride (1,1-Dichloroethylene) .................................................................................. 75354 1.00
Xylene (m-) .................................................................................................................................. 108383 1.00
Xylene (o-) ................................................................................................................................... 95476 1.00
Xylene (p-) ................................................................................................................................... 106423 1.00
a CAS numbers refer to the Chemical Abstracts Service registry number assigned to specific compounds, isomers, or mixtures
of compounds.
TABLE 9 TO SUBPART GGG OF PART 63—DEFAULT BIORATES FOR SOLUBLE HAP

Biorate (K1),
Compound name L/g MLVSS-hr
Acetonitrile ............................................................................................................................................................... 0.100

Acetophenone ......................................................................................................................................................... 0.538
Diethyl sulfate .......................................................................................................................................................... 0.105
226
Biorate (K1),
Compound name L/g MLVSS-hr
Dimethyl hydrazine(1,1) .......................................................................................................................................... 0.227

Dimethyl sulfate ....................................................................................................................................................... 0.178
Dinitrotoluene(2,4) ................................................................................................................................................... 0.784
Dioxane(1,4) ............................................................................................................................................................ 0.393
Ethylene glycol dimethyl ether ................................................................................................................................ 0.364
Ethylene glycol monobutyl ether acetate ................................................................................................................ 0.496
Ethylene glycol monomethyl ether acetate ............................................................................................................. 0.159
Isophorone ............................................................................................................................................................... 0.598
Methanol .................................................................................................................................................................. a
Nitrobenzene ........................................................................................................................................................... 2.300

Toluidine (-0) ........................................................................................................................................................... 0.859
Triethylamine ........................................................................................................................................................... 1.064
a For direct dischargers, the default biorate for methanol is 3.5 L/g MLVSS-hr; for indirect dischargers, the default biorate for
methanol is 0.2 L/g MLVSS-hr.
[66 FR 40137, Aug. 2, 2001]
Subpart HHH—National Emission ural gas processing plant (if present) is

Standards for Hazardous Air not considered a part of the natural gas
Pollutants From Natural Gas transmission and storage source cat-
egory. A facility that is determined to
Transmission and Storage Fa- be an area source, but subsequently in-
cilities creases its emissions or its potential to
emit above the major source levels
SOURCE: 64 FR 32648, June 17, 1999, unless (without obtaining and complying with
otherwise noted. other limitations that keep its poten-
§ 63.1270 Applicability and designation tial to emit HAP below major source
of affected source. levels), and becomes a major source,
must comply thereafter with all appli-
(a) This subpart applies to owners cable provisions of this subpart start-
and operators of natural gas trans-
ing on the applicable compliance date
mission and storage facilities that
specified in paragraph (d) of this sec-
transport or store natural gas prior to
tion. Nothing in this paragraph is in-
entering the pipeline to a local dis-
tended to preclude a source from lim-
tribution company or to a final end
iting its potential to emit through
user (if there is no local distribution
other appropriate mechanisms that
company), and that are major sources
may be available through the permit-
of hazardous air pollutants (HAP)
ting authority.
emissions as defined in § 63.1271. Emis-
sions for major source determination (1) Facilities that store natural gas
purposes can be estimated using the or facilities that transport and store
maximum natural gas throughput cal- natural gas shall calculate maximum
culated in either paragraph (a)(1) or (2) annual facility natural gas throughput
of this section and paragraphs (a)(3) using the following equation:
and (4) of this section. As an alter-
native to calculating the maximum 8,760
Throughput =
natural gas throughput, the owner or ⎛ 1 1 ⎞
operator of a new or existing source ⎜ + ⎟
may use the facility design maximum ⎝ IR max WR max ⎠
natural gas throughput to estimate the Where:
maximum potential emissions. Other
means to determine the facility’s Throughput = Maximum annual facilitywide
natural gas throughput in cubic meters
major source status are allowed, proper year.
vided the information is documented
IR max = Maximum facility injection rate in
and recorded to the Administrator’s cubic meters per hour.
satisfaction in accordance with WR max = Maximum facility withdrawal rate
§ 63.10(b)(3). A compressor station that in cubic meters per hour.

transports natural gas prior to the 8,760 = Maximum hours of operation per
point of custody transfer or to a nat- year.
227
ER29JN01.026</MATH>
§ 63.1270 40 CFR Ch. I (7–1–16 Edition)
(i)–(iii) [Reserved] with the provisions of this subpart by

(2) Facilities that only transport nat- the following dates:
ural gas shall calculate the maximum (1) Except as specified in paragraphs
natural gas throughput as the highest (d)(3) through (4) of this section, the
annual natural gas throughput over the owner or operator of an affected
5 years prior to June 17, 1999, multi- source, the construction or reconstruc-
plied by a factor of 1.2. tion of which commenced before Feb-
(3) The owner or operator shall main- ruary 6, 1998, shall achieve compliance
tain records of the annual facility nat- with this provisions of the subpart no
ural gas throughput each year and later than June 17, 2002 except as pro-
upon request, submit such records to vided for in § 63.6(i). The owner or oper-
the Administrator. If the facility an- ator of an area source, the construc-
nual natural gas throughput increases tion or reconstruction of which com-
above the maximum natural gas menced before February 6, 1998, that
throughput calculated in paragraph increases its emissions of (or its poten-
(a)(1) or (a)(2) of this section, the max- tial to emit) HAP such that the source
imum natural gas throughput must be becomes a major source that is subject
recalculated using the higher through- to this subpart shall comply with this
put multiplied by a factor of 1.2. subpart 3 years after becoming a major
source.
(4) The owner or operator shall deter-
(2) Except as specified in paragraphs
mine the maximum values for other
(d)(3) through (4) of this section, the
parameters used to calculate potential
owner or operator of an affected
emissions as the maximum over the
source, the construction or reconstruc-
same period for which maximum
tion of which commences on or after
throughput is determined as specified
February 6, 1998, shall achieve compli-
in paragraph (a)(1) or (a)(2) of this sec-
ance with the provisions of this sub-
tion. These parameters shall be based
part immediately upon initial startup
on an annual average or the highest
or June 17, 1999, whichever date is
single measured value. For estimating
later. Area sources, the construction or
maximum potential emissions from
reconstruction of which commences on
glycol dehydration units, the glycol
or after February 6, 1998, that become
circulation rate used in the calculation
major sources shall comply with the
shall be the unit’s maximum rate
provisions of this standard imme-
under its physical and operational de-
diately upon becoming a major source.
sign consistent with the definition of
(3) Each affected small glycol dehy-
potential to emit in § 63.2.
dration unit, as defined in § 63.1271, lo-
(b) The affected source is each new cated at a major source, that com-
and existing glycol dehydration unit menced construction before August 23,
specified in paragraphs (b)(1) through 2011, must achieve compliance no later
(3) of this section. than October 15, 2015, except as pro-
(1) Each large glycol dehydration vided in § 63.6(i).
unit; (4) Each affected small glycol dehy-
(2) Each small glycol dehydration dration unit, as defined in § 63.1271, lo-
unit for which construction com- cated at a major source, that com-
menced on or before August 23, 2011, is menced construction on or after Au-
an existing small glycol dehydration gust 23, 2011, must achieve compliance
unit. immediately upon initial startup or
(3) Each small glycol dehydration October 15, 2012, whichever is later.
unit for which construction com- (e) An owner or operator of an af-
menced after August 23, 2011, is a new fected source that is a major source or
small glycol dehydration unit. is located at a major source and is sub-
(c) The owner or operator of a facil- ject to the provisions of this subpart is
ity that does not contain an affected also subject to 40 CFR part 70 or part 71
source, as specified in paragraph (b) of permitting requirements.
this section, is not subject to the re- (f) Exemptions. A facility with a
quirements of this subpart. facilitywide actual annual average nat-

(d) The owner or operator of each af- ural gas throughput less than 28.3 thou-
fected source shall achieve compliance sand standard cubic meters per day,
228
where glycol dehydration units are the Continuous recorder means a data re-
only HAP emission source, is not sub- cording device that either records an
ject to the requirements of this sub- instantaneous data value at least once
part. Records shall be maintained as every hour or records hourly or more
required in § 63.10(b)(3). frequent block average values.
[64 FR 32648, June 17, 1999, as amended at 66
Control device means any equipment
FR 34555, June 29, 2001; 66 FR 49300, Sept. 27, used for recovering or oxidizing HAP or
2001; 67 FR 8204, Feb. 22, 2002; 77 FR 49584, volatile organic compound (VOC) va-
Aug. 16, 2012] pors. Such equipment includes, but is
not limited to, absorbers, carbon ab-
§ 63.1271 Definitions. sorbers, condensers, incinerators,
All terms used in this subpart shall flares, boilers, and process heaters. For
have the meaning given to them in the the purposes of this subpart, if gas or
Clean Air Act, subpart A of this part vapor from regulated equipment is
(General Provisions), and in this sec- used, reused (i.e., injected into the
tion. If the same term is defined in sub- flame zone of an enclosed combustion
part A and in this section, it shall have device), returned back to the process,
the meaning given in this section for or sold, then the recovery system used,
purposes of this subpart. including piping, connections, and flow
Affirmative defense means, in the con- inducing devices, is not considered to
text of an enforcement proceeding, a be a control device or a closed-vent
response or defense put forward by a system.
defendant, regarding which the defend- Custody transfer means the transfer of
ant has the burden of proof, and the natural gas after processing and/or
merits of which are independently and treatment in the production operations
objectively evaluated in a judicial or to pipelines or any other forms of
administrative proceeding. transportation.
Boiler means an enclosed device using Facility means any grouping of equip-
controlled flame combustion and hav- ment where natural gas is processed,
ing the primary purpose of recovering compressed, or stored prior to entering
and exporting thermal energy in the a pipeline to a local distribution com-
form of steam or hot water. Boiler also pany or (if there is no local distribu-
means any industrial furnace as de- tion company) to a final end user. Ex-
fined in 40 CFR 260.10. amples of a facility for this source cat-
BTEX means benzene, toluene, ethyl egory are: an underground natural gas
benzene, and xylene. storage operation; or a natural gas
Closed-vent system means a system compressor station that receives nat-
that is not open to the atmosphere and ural gas via pipeline, from an under-
is composed of piping, ductwork, con- ground natural gas storage operation,
nections, and if necessary, flow induc- or from a natural gas processing plant.
ing devices that transport gas or vapor The emission points associated with
from an emission point to one or more these phases include, but are not lim-
control devices. If gas or vapor from ited to, process vents. Processes that
regulated equipment is routed to a may have vents include, but are not
process (e.g., to a fuel gas system), the limited to, dehydration and compressor
conveyance system shall not be consid- station engines.
ered a closed-vent system and is not Facility, for the purpose of a major
subject to closed-vent system stand- source determination, means natural
ards. gas transmission and storage equip-
Combustion device means an indi- ment that is located inside the bound-
vidual unit of equipment, such as a aries of an individual surface site (as
flare, incinerator, process heater, or defined in this section) and is con-
boiler, used for the combustion of or- nected by ancillary equipment, such as
ganic HAP emissions. gas flow lines or power lines. Equip-
Compressor station means any perma- ment that is part of a facility will typi-
nent combination of compressors that cally be located within close proximity
move natural gas at increased pressure to other equipment located at the same
from fields, in transmission pipelines, facility. Natural gas transmission and
or into storage. storage equipment or groupings of
229
§ 63.1271 40 CFR Ch. I (7–1–16 Edition)
equipment located on different gas conditions had process modifications

leases, mineral fee tracts, lease tracts, not been made.
subsurface unit areas, surface fee Glycol dehydration unit process vent
tracts, or surface lease tracts shall not means the glycol dehydration unit re-
be considered part of the same facility. boiler vent and the vent from the GCG
Flame zone means the portion of the separator (flash tank), if present.
combustion chamber in a combustion Glycol dehydration unit reboiler vent
device occupied by the flame envelope. means the vent through which exhaust
Flare means a thermal oxidation sys- from the reboiler of a glycol dehydra-
tem using an open flame (i.e., without tion unit passes from the reboiler to
enclosure). the atmosphere or to a control device.
Flash tank. See the definition for gas- Hazardous air pollutants or HAP
condensate-glycol (GCG) separator. means the chemical compounds listed
Flow indicator means a device which in section 112(b) of the Clean Air Act
indicates whether gas flow is present in (Act). All chemical compounds listed in
a line or whether the valve position section 112(b) of the Act need to be con-
would allow gas flow to be present in a sidered when making a major source
line. determination. Only the HAP com-
Gas-condensate-glycol (GCG) separator pounds listed in Table 1 of this subpart
means a two-or three-phase separator need to be considered when deter-
through which the ‘‘rich’’ glycol
mining compliance.
stream of a glycol dehydration unit is
Incinerator means an enclosed com-
passed to remove entrained gas and hy-
bustion device that is used for destroy-
drocarbon liquid. The GCG separator is
commonly referred to as a flash sepa- ing organic compounds. Auxiliary fuel
rator or flash tank. may be used to heat waste gas to com-
Glycol dehydration unit means a de- bustion temperatures. Any energy re-
vice in which a liquid glycol (including, covery section is not physically formed
but not limited to, ethylene glycol, into one manufactured or assembled
diethylene glycol, or triethylene gly- unit with the combustion section; rath-
col) absorbent directly contacts a nat- er, the energy recovery section is a sep-
ural gas stream and absorbs water in a arate section following the combustion
contact tower or absorption column section and the two are joined by ducts
(absorber). The glycol contacts and ab- or connections carrying flue gas. The
sorbs water vapor and other gas stream above energy recovery section limita-
constituents from the natural gas and tion does not apply to an energy recov-
becomes ‘‘rich’’ glycol. This glycol is ery section used solely to preheat the
then regenerated in the glycol dehydra- incoming vent stream or combustion
tion unit reboiler. The ‘‘lean’’ glycol is air.
then recycled. Initial startup means the first time a
Glycol dehydration unit baseline oper- new or reconstructed source begins
ations means operations representative production. For the purposes of this
of the large glycol dehydration unit op- subpart, initial startup does not in-
erations as of June 17, 1999 and the clude subsequent startups (as defined
small glycol dehydration unit oper- in this section) of equipment, for exam-
ations as of August 23, 2011. For the ple, following malfunctions or shut-
purposes of this subpart, for deter- downs.
mining the percentage of overall HAP Large glycol dehydration unit means a
emission reduction attributable to glycol dehydration unit with an actual
process modifications, glycol dehydra- annual average natural gas flowrate
tion unit baseline operations shall be equal to or greater than 283.0 thousand
parameter values (including, but not standard cubic meters per day and ac-
limited to, glycol circulation rate or tual annual average benzene emissions
glycol-HAP absorbency) that represent equal to or greater than 0.90 Mg/yr, de-
actual long-term conditions (i.e., at termined according to § 63.1282(a). A
least 1 year). Glycol dehydration units glycol dehydration unit complying
in operation for less than 1 year shall with the 0.9 Mg/yr control option under
document that the parameter values 63.1275(b)(1)(ii) is considered to be a
represent expected long-term operating large dehydrator.
230
Major source, as used in this subpart, exiting a control device based on a de-
shall have the same meaning as in tection principle such as infra-red,
§ 63.2, except that: photoionization, or thermal conduc-
(1) Emissions from any pipeline com- tivity.
pressor station or pump station shall Primary fuel means the fuel that pro-
not be aggregated with emissions from vides the principal heat input (i.e.,
other similar units, whether or not more than 50 percent) to the device. To
such units are in a contiguous area or be considered primary, the fuel must be
under common control; and able to sustain operation without the
(2) Emissions from processes, oper- addition of other fuels.
ations, and equipment that are not Process heater means an enclosed de-
part of the same facility, as defined in vice using a controlled flame, the pri-
this section, shall not be aggregated. mary purpose of which is to transfer
Natural gas means a naturally occur- heat to a process fluid or process mate-
ring mixture of hydrocarbon and non- rial that is not a fluid, or to a heat
hydrocarbon gases found in geologic transfer material for use in a process
formations beneath the earth’s surface. (rather than for steam generation) .
The principal hydrocarbon constituent Responsible official means one of the
is methane. following:
Natural gas transmission means the
(1) For a corporation: A president,
pipelines used for the long distance
secretary, treasurer, or vice-president
transport of natural gas (excluding
of the corporation in charge of a prin-
processing). Specific equipment used in
cipal business function, or any other
natural gas transmission includes the
person who performs similar policy or
land, mains, valves, meters, boosters,
decision-making functions for the cor-
regulators, storage vessels,
poration, or a duly authorized rep-
dehydrators, compressors, and their
resentative of such person if the rep-
driving units and appurtenances, and
resentative is responsible for the over-
equipment used for transporting gas
all operation of one or more manufac-
from a production plant, delivery point
turing, production, or operating facili-
of purchased gas, gathering system,
ties applying for or subject to a permit
storage area, or other wholesale source
and either:
of gas to one or more distribution
(i) The facilities employ more than
area(s).
250 persons or have gross annual sales
No detectable emissions means no es-
or expenditures exceeding $25 million
cape of HAP from a device or system to
(in second quarter 1980 dollars); or
the atmosphere as determined by:
(1) Instrument monitoring results in (ii) The delegation of authority to
accordance with the requirements of such representatives is approved in ad-
§ 63.1282(b); and vance by the permitting authority;
(2) The absence of visible openings or (2) For a partnership or sole propri-
defects in the device or system, such as etorship: A general partner or the pro-
rips, tears, or gaps. prietor, respectively;
Operating parameter value means a (3) For a municipality, State, Fed-
minimum or maximum value estab- eral, or other public agency: Either a
lished for a control device or process principal executive officer or ranking
parameter which, if achieved by itself elected official. For the purposes of
or in combination with one or more this part, a principal executive officer
other operating parameter values, indi- of a Federal agency includes the chief
cates that an owner or operator has executive officer having responsibility
complied with an applicable operating for the overall operations of a principal
parameter limitation, over the appro- geographic unit of the agency (e.g., a
priate averaging period as specified in Regional Administrator of EPA); or
§ 63.1282 (e) and (f). (4) For affected sources:
Operating permit means a permit re- (i) The designated representative in
quired by 40 CFR part 70 or part 71. so far as actions, standards, require-
Organic monitoring device means an ments, or prohibitions under title IV of

instrument used to indicate the con- the Act or the regulations promulgated
centration level of organic compounds thereunder are concerned; and
231
§ 63.1272 40 CFR Ch. I (7–1–16 Edition)
(ii) The designated representative for the immediate physical location upon
any other purposes under part 70. which equipment is physically affixed.
Safety device means a device that Temperature monitoring device means
meets both of the following conditions: an instrument used to monitor tem-
the device is not used for planned or perature and having a minimum accu-
routine venting of liquids, gases, or racy of ±2 percent of the temperature
fumes from the unit or equipment on being monitored expressed in °C, or ±2.5
which the device is installed; and the °C, whichever is greater. The tempera-
device remains in a closed, sealed posi- ture monitoring device may measure
tion at all times except when an un- temperature in degrees Fahrenheit or
planned event requires that the device degrees Celsius, or both.
open for the purpose of preventing Total organic compounds or TOC, as
physical damage or permanent defor- used in this subpart, means those com-
mation of the unit or equipment on pounds which can be measured accord-
which the device is installed in according to the procedures of Method 18, 40
ance with good engineering and safety CFR part 60, appendix A.
practices for handling flammable, com- Underground storage means the sub-
bustible, explosive, or other hazardous surface facilities utilized for storing
materials. Examples of unplanned natural gas that has been transferred
events which may require a safety de- from its original location for the pri-
vice to open include failure of an essen- mary purpose of load balancing, which
tial equipment component or a sudden is the process of equalizing the receipt
power outage. and delivery of natural gas. Processes
Shutdown means for purposes includ- and operations that may be located at
ing, but not limited to, periodic main- an underground storage facility in-
tenance, replacement of equipment, or clude, but are not limited to, compres-
repair, the cessation of operation of a sion and dehydration.
glycol dehydration unit, or other af- [64 FR 32648, June 17, 1999, as amended at 66
fected source under this subpart, or FR 34555, June 29, 2001; 77 FR 49585, Aug. 16,
equipment required or used solely to 2012]
comply with this subpart.
Small glycol dehydration unit means a § 63.1272 Affirmative defense for viola-
glycol dehydration unit, located at a tions of emission standards during
major source, with an actual annual malfunction.
average natural gas flowrate less than (a) The provisions set forth in this
283.0 thousand standard cubic meters subpart shall apply at all times.
per day or actual annual average ben- (b)–(c) [Reserved]
zene emissions less than 0.90 Mg/yr, de- (d) In response to an action to en-
termined according to § 63.1282(a). force the standards set forth in this
Startup means the setting into oper- subpart, you may assert an affirmative
ation of a glycol dehydration unit, or defense to a claim for civil penalties
other affected equipment under this for violations of such standards that
subpart, or equipment required or used are caused by malfunction, as defined
to comply with this subpart. Startup at § 63.2. Appropriate penalties may be
includes initial startup and operation assessed; however, if you fail to meet
solely for the purpose of testing equip- your burden of proving all of the re-
ment. quirements in the affirmative defense,
Storage vessel means a tank or other the affirmative defense shall not be
vessel that is designed to contain an available for claims for injunctive re-
accumulation of crude oil, condensate, lief.
intermediate hydrocarbon liquids, pro- (1) To establish the affirmative de-
duced water, or other liquid, and is fense in any action to enforce such a
constructed primarily of non-earthen standard, you must timely meet the re-
materials (e.g., wood, concrete, steel, porting requirements in paragraph
plastic) that provide structural sup- (d)(2) of this section, and must prove by
port. a preponderance of evidence that:
Surface site means any combination (i) The violation:

of one or more graded pad sites, gravel (A) Was caused by a sudden, infre-
pad sites, foundations, platforms, or quent, and unavoidable failure of air
232
pollution control equipment, process supporting documentation, that it has

equipment, or a process to operate in a met the requirements set forth in para-
normal or usual manner; and graph (d)(1) of this section. This affirm-
(B) Could not have been prevented ative defense report shall be included
through careful planning, proper design in the first periodic compliance, devi-
or better operation and maintenance ation report or excess emission report
practices; and otherwise required after the initial oc-
(C) Did not stem from any activity or currence of the violation of the rel-
event that could have been foreseen evant standard (which may be the end
and avoided, or planned for; and of any applicable averaging period). If
(D) Was not part of a recurring pat- such compliance, deviation report or
tern indicative of inadequate design, excess emission report is due less than
operation, or maintenance; and 45 days after the initial occurrence of
(ii) Repairs were made as expedi- the violation, the affirmative defense
tiously as possible when a violation oc- report may be included in the second
curred. Off-shift and overtime labor compliance, deviation report or excess
were used, to the extent practicable to emission report due after the initial
make these repairs; and occurrence of the violation of the rel-
(iii) The frequency, amount and dura- evant standard.
tion of the violation (including any by- [77 FR 49585, Aug. 16, 2012]
pass) were minimized to the maximum
extent practicable; and § 63.1273 [Reserved]
(iv) If the violation resulted from a
bypass of control equipment or a proc- § 63.1274 General standards.
ess, then the bypass was unavoidable to (a) Table 2 of this subpart specifies
prevent loss of life, personal injury, or the provisions of subpart A (General
severe property damage; and Provisions) that apply and those that
(v) All possible steps were taken to do not apply to owners and operators of
minimize the impact of the violation affected sources subject to this sub-
on ambient air quality, the environ- part.
ment, and human health; and (b) All reports required under this
(vi) All emissions monitoring and subpart shall be sent to the Adminis-
control systems were kept in operation trator at the appropriate address listed
if at all possible, consistent with safety in § 63.13. Reports may be submitted on
and good air pollution control prac- electronic media.
tices; and (c) The owner or operator of an af-
(vii) All of the actions in response to fected source (i.e., glycol dehydration
the violation were documented by unit) located at an existing or new
properly signed, contemporaneous op- major source of HAP emissions shall
erating logs; and comply with the requirements in this
(viii) At all times, the affected source subpart as follows:
was operated in a manner consistent (1) The control requirements for gly-
with good practices for minimizing col dehydration unit process vents
emissions; and specified in § 63.1275;
(ix) A written root cause analysis has (2) The monitoring requirements
been prepared, the purpose of which is specified in § 63.1283, and
to determine, correct, and eliminate (3) The recordkeeping and reporting
the primary causes of the malfunction requirements specified in §§ 63.1284 and
and the violation resulting from the 63.1285.
malfunction event at issue. The anal- (d) [Reserved]
ysis shall also specify, using best moni- (e) Each owner or operator of a major
toring methods and engineering judg- HAP source subject to this subpart is
ment, the amount of any emissions required to apply for a part 70 or part
that were the result of the malfunc- 71 operating permit from the appro-
tion. priate permitting authority. If the Ad-
(2) Report. The owner or operator ministrator has approved a State oper-
seeking to assert an affirmative de- ating permit program under part 70,
fense shall submit a written report to the permit shall be obtained from the
the Administrator with all necessary State authority. If a State operating
233
§ 63.1275 40 CFR Ch. I (7–1–16 Edition)
permit program has not been approved, vent shall comply with the require-
the owner or operator shall apply to ments specified in paragraphs (b)(1)
the EPA Regional Office pursuant to and (b)(2) of this section.
part 71. (1) For each glycol dehydration unit
(f) [Reserved] process vent, the owner or operator
(g) In all cases where the provisions shall control air emissions by either
of this subpart require an owner or op- paragraph (b)(1)(i) or (iii) of this sec-
erator to repair leaks by a specified tion.
time after the leak is detected, it is a (i) The owner or operator of a large
violation of this standard to fail to glycol dehydration unit, as defined in
take action to repair the leak(s) within § 63.1271, shall connect the process vent
the specified time. If action is taken to to a control device or a combination of
repair the leak(s) within the specified control devices through a closed-vent
time, failure of that action to success-
system. The closed-vent system shall
fully repair the leak(s) is not a viola-
be designed and operated in accordance
tion of this standard. However, if the
with the requirements of § 63.1281(c).
repairs are unsuccessful, and a leak is
The control device(s) shall be designed
detected, the owner or operator shall
take further action as required by the and operated in accordance with the re-
applicable provisions of this subpart. quirements of § 63.1281(d).
(h) At all times the owner or oper- (ii) The owner or operator of a large
ator must operate and maintain any af- glycol dehydration unit shall connect
fected source, including associated air the process vent to a control device or
pollution control equipment and moni- a combination of control devices
toring equipment, in a manner con- through a closed-vent system and the
sistent with safety and good air pollu- outlet benzene emissions from the con-
tion control practices for minimizing trol device(s) shall be less than 0.90
emissions. Determination of whether megagrams per year. The closed-vent
such operation and maintenance proce- system shall be designed and operated
dures are being used will be based on in accordance with the requirements of
information available to the Adminis- § 63.1281(c). The control device(s) shall
trator which may include, but is not be designed and operated in accordance
limited to, monitoring results, review with the requirements of § 63.1281(d),
of operation and maintenance proce- except that the performance require-
dures, review of operation and mainte- ments specified in § 63.1281(d)(1)(i) and
nance records, and inspection of the (ii) do not apply.
source. (iii) You must limit BTEX emissions
[64 FR 32648, June 17, 1999, as amended at 66 from each existing small glycol dehy-
FR 34556, June 29, 2001; 77 FR 49586, Aug. 16, dration unit, as defined in § 63.1271, to
2012] the limit determined in Equation 1 of
this section. You must limit BTEX
§ 63.1275 Glycol dehydration unit proc- emissions from each new small glycol
ess vent standards. dehydration unit process vent, as de-
(a) This section applies to each gly- fined in § 63.1271, to the limit deter-
col dehydration unit subject to this mined in Equation 2 of this section.
subpart that must be controlled for air The limits determined using Equation
emissions as specified in paragraph 1 or Equation 2, of this section, must
(c)(1) of § 63.1274. be met in accordance with one of the
(b) Except as provided in paragraph alternatives specified in paragraphs
(c) of this section, an owner or operator (b)(1)(iii)(A) through (D) of this sec-
of a glycol dehydration unit process tion.
234
ER16AU12.012</GPH>
Where: Throughput = Annual average daily natural
ELBTEX = Unit-specific BTEX emission limit, gas throughput, standard cubic meters
megagrams per year; per day;
Ci,BTEX = Annual average BTEX concentra-
3.10 × 10¥4 = BTEX emission limit, grams
tion of the natural gas at the inlet to the
BTEX/standard cubic meter-ppmv;
glycol dehydration unit, ppmv.
Where: the owner or operator may comply

ELBTEX = Unit-specific BTEX emission limit, with one of the following:
megagrams per year; (1) The owner or operator shall con-
5.44 × 10¥5 = BTEX emission limit, grams trol air emissions by connecting the
BTEX/standard cubic meter-ppmv;
process vent to a process natural gas
Throughput = Annual average daily natural
gas throughput, standard cubic meters line.
per day; (2) The owner or operator shall dem-
Ci,BTEX = Annual average BTEX concentra- onstrate, to the Administrator’s satis-
tion of the natural gas at the inlet to the faction, that the total HAP emissions
glycol dehydration unit, ppmv. to the atmosphere from the large gly-
(A) Connect the process vent to a col dehydration unit process vent are
control device or combination of con- reduced by 95.0 percent through process
trol devices through a closed-vent sys- modifications or a combination of
tem. The closed vent system shall be process modifications and one or more
designed and operated in accordance control devices, in accordance with the
with the requirements of § 63.1281(c). requirements specified in § 63.1281(e).
The control device(s) shall be designed (3) Control of HAP emissions from a
and operated in accordance with the re- GCG separator (flash tank) vent is not
quirements of § 63.1281(f). required if the owner or operator dem-
(B) Meet the emissions limit through onstrates, to the Administrator’s satis-
process modifications in accordance faction, that total emissions to the at-
with the requirements specified in mosphere from the glycol dehydration
§ 63.1281(e). unit process vent are reduced by one of
(C) Meet the emission limit for each the levels specified in paragraph
small glycol dehydration unit using a (c)(3)(i) through (iv) through the instal-
combination of process modifications
lation and operation of controls as
and one or more control devices
specified in paragraph (b)(1) of this sec-
through the requirements specified in
paragraphs (b)(1)(iii)(A) and (B) of this tion.
section. (i) For any large glycol dehydration
(D) Demonstrate that the emissions unit, HAP emissions are reduced by
limit is met through actual uncon- 95.0 percent or more.
trolled operation of the small glycol (ii) For any large glycol dehydration
dehydration unit. Document oper- unit, benzene emissions are reduced to
ational parameters in accordance with a level less than 0.90 megagrams per
the requirements specified in year.
§ 63.1281(e) and emissions in accordance (iii) For each existing small glycol
with the requirements specified in dehydration unit, BTEX emissions are
§ 63.1282(a)(3). reduced to a level less than the limit
(2) One or more safety devices that calculated in Equation 1 of paragraph
vent directly to the atmosphere may be (b)(1)(iii) of this section.
used on the air emission control equip-
ment installed to comply with para-
graph (b)(1) of this section.

(c) As an alternative to the require-
ments of paragraph (b) of this section,
235
ER16AU12.013</GPH>
§§ 63.1276–63.1280 40 CFR Ch. I (7–1–16 Edition)
(iv) For each new small glycol dehy- (B) Secure the bypass device valve in-
dration unit, BTEX emissions are re- stalled at the inlet to the bypass device
duced to a level less than the limit cal- in the non-diverting position using a
culated in Equation 2 of paragraph car-seal or a lock-and-key type con-
(b)(1)(iii) of this section. figuration.
(ii) Low leg drains, high point bleeds,
analyzer vents, open-ended valves or
FR 34556, June 29, 2001; 77 FR 49586, Aug. 16,
2012] lines, and safety devices are not sub-
ject to the requirements of paragraph
§§ 63.1276–63.1280 [Reserved] (c)(3)(i) of this section.
(d) Control device requirements for
§ 63.1281 Control equipment require- sources except small glycol dehydration
ments. units. Owners and operators of small
(a) This section applies to each glycol dehydration units shall comply
closed-vent system and control device with the control requirements in para-
graph (f) of this section.
installed and operated by the owner or
(1) The control device used to reduce
operator to control air emissions as re-
HAP emissions in accordance with the
quired by the provisions of this sub-
standards of this subpart shall be one
part. Compliance with paragraphs (c)
of the control devices specified in para-
and (d) of this section will be deter-
graphs (d)(1)(i) through (iii) of this sec-
mined by review of the records required
tion.
by § 63.1284, the reports required by
(i) An enclosed combustion device
§ 63.1285, by review of performance test
(e.g., thermal vapor incinerator, cata-
results, and by inspections.
lytic vapor incinerator, boiler, or proc-
(b) [Reserved]
ess heater) that is designed and oper-
(c) Closed-vent system requirements. (1) ated in accordance with one of the fol-
The closed-vent system shall route all lowing performance requirements:
gases, vapors, and fumes emitted from (A) Reduces the mass content of ei-
the material in an emissions unit to a ther TOC or total HAP in the gases
control device that meets the require- vented to the device by 95.0 percent by
ments specified in paragraph (d) of this weight or greater, as determined in ac-
section. cordance with the requirements of
(2) The closed-vent system shall be § 63.1282(d);
designed and operated with no detect- (B) Reduces the concentration of ei-
able emissions. ther TOC or total HAP in the exhaust
(3) If the closed-vent system contains gases at the outlet to the device to a
one or more bypass devices that could level equal to or less than 20 parts per
be used to divert all or a portion of the million by volume on a dry basis cor-
gases, vapors, or fumes from entering rected to 3 percent oxygen as deter-
the control device, the owner or oper- mined in accordance with the require-
ator shall meet the requirements speci- ments of § 63.1282(d); or
fied in paragraphs (c)(3)(i) and (c)(3)(ii) (C) Operates at a minimum tempera-
of this section. ture of 760 degrees C, provided the con-
(i) For each bypass device, except as trol device has demonstrated, under
provided for in paragraph (c)(3)(ii) of § 63.1282(d), that combustion zone tem-
this section, the owner or operator perature is an indicator of destruction
shall either: efficiency.
(A) At the inlet to the bypass device (D) If a boiler or process heater is
that could divert the stream away from used as the control device, then the
the control device to the atmosphere, vent stream shall be introduced into
properly install, calibrate, maintain, the flame zone of the boiler or process
and operate a flow indicator that is ca- heater.
pable of taking periodic readings and (ii) A vapor recovery device (e.g., car-
sounding an alarm when the bypass de- bon adsorption system or condenser) or
vice is open such that the stream is other non-destructive control device
being, or could be, diverted away from that is designed and operated to reduce
the control device to the atmosphere; the mass content of either TOC or total
or HAP in the gases vented to the device
236
by 95.0 percent by weight or greater as burned in one of the units specified in

determined in accordance with the re- paragraphs (d)(5)(ii)(A) through
quirements of § 63.1282(d). (d)(5)(ii)(G) of this section.
(iii) A flare, as defined in § 63.1271, (A) Regenerated or reactivated in a
that is designed and operated in ac- thermal treatment unit for which the
cordance with the requirements of owner or operator has been issued a
§ 63.11(b). final permit under 40 CFR part 270 that
(2) [Reserved] implements the requirements of 40 CFR
(3) The owner or operator shall dem- part 264, subpart X.
onstrate that a control device achieves (B) Regenerated or reactivated in a
the performance requirements of para- thermal treatment unit equipped with
graph (d)(1) of this section by following and operating organic air emission con-
the procedures specified in § 63.1282(d). trols in accordance with this section.
(4) The owner or operator shall oper- (C) Regenerated or reactivated in a
ate each control device in accordance thermal treatment unit equipped with
with the requirements specified in and operating organic air emission con-
paragraphs (d)(4)(i) and (ii) of this sec- trols in accordance with a national
tion. emissions standard for HAP under an-
(i) Each control device used to com- other subpart in 40 CFR part 61 or this
ply with this subpart shall be operating part.
at all times when gases, vapors, and (D) Burned in a hazardous waste in-
fumes are vented from the emissions cinerator for which the owner or oper-
unit or units through the closed vent ator has been issued a final permit
system to the control device as re- under 40 CFR part 270 that implements
quired under § 63.1275. An owner or op- the requirements of 40 CFR part 264,
erator may vent more than one unit to subpart O.
a control device used to comply with (E) Burned in a hazardous waste in-
this subpart. cinerator which the owner or operator
(ii) For each control device mon- has designed and operates in accord-
itored in accordance with the require- ance with the requirements of 40 CFR
ments of § 63.1283(d), the owner or oper- part 265, subpart O.
ator shall demonstrate compliance ac- (F) Burned in a boiler or industrial
cording to the requirements of furnace for which the owner or oper-
§ 63.1282(e), or (f) as applicable. ator has been issued a final permit
(5) For each carbon adsorption sys- under 40 CFR part 270 that implements
tem used as a control device to meet the requirements of 40 CFR part 266,
the requirements of paragraph (d)(1) of subpart H.
this section, the owner or operator (G) Burned in a boiler or industrial
shall manage the carbon as follows: furnace which the owner or operator
(i) Following the initial startup of has designed and operates in accord-
the control device, all carbon in the ance with the interim status require-
control device shall be replaced with ments of 40 CFR part 266, subpart H.
fresh carbon on a regular, predeter- (e) Process modification requirements.
mined time interval that is no longer Each owner or operator that chooses to
than the carbon service life established comply with § 63.1275(c)(2) shall meet
for the carbon adsorption system. the requirements specified in para-
Records identifying the schedule for re- graphs (e)(1) through (e)(3) of this sec-
placement and records of each carbon tion.
replacement shall be maintained as re- (1) The owner or operator shall deter-
quired in § 63.1284(b)(7)(ix). The sched- mine glycol dehydration unit baseline
ule for replacement shall be submitted operations (as defined in § 63.1271).
with the Notification of Compliance Records of glycol dehydration unit
Status Report as specified in baseline operations shall be retained as
§ 63.1285(d)(4)(iv). Each carbon replace- required under § 63.1284(b)(9).
ment must be reported in the Periodic (2) The owner or operator shall docu-
Reports as specified in § 63.1285(e)(2)(xi). ment, to the Administrator’s satisfac-
(ii) The spent carbon removed from tion, the conditions for which glycol
the carbon adsorption system shall be dehydration unit baseline operations
either regenerated, reactivated, or shall be modified to achieve the 95.0
237
§ 63.1281 40 CFR Ch. I (7–1–16 Edition)
percent overall HAP emission reduc- device used to meet BTEX the emission
tion, or BTEX limit determined in limit calculated in § 63.1275(b)(1)(iii)
§ 63.1275(b)(1)(iii), as applicable, either shall be one of the control devices spec-
through process modifications or ified in paragraphs (f)(1)(i) through (iii)
through a combination of process of this section.
modifications and one or more control (i) An enclosed combustion device
devices. If a combination of process (e.g., thermal vapor incinerator, cata-
modifications and one or more control lytic vapor incinerator, boiler, or proc-
devices are used, the owner or operator ess heater) that is designed and oper-
shall also establish the emission reduc- ated to meet the levels specified in
tion to be achieved by the control de- paragraphs (f)(1)(i)(A) or (B) of this sec-
vice to achieve an overall HAP emis- tion. If a boiler or process heater is
sion reduction of 95.0 percent for the used as the control device, then the
glycol dehydration unit process vent vent stream shall be introduced into
or, if applicable, the BTEX limit deter- the flame zone of the boiler or process
mined in § 63.1275(b)(1)(iii) for the small heater.
glycol dehydration unit process vent. (A) The mass content of BTEX in the
Only modifications in glycol dehydra- gases vented to the device is reduced as
tion unit operations directly related to determined in accordance with the re-
process changes, including but not lim- quirements of § 63.1282(d).
ited to changes in glycol circulation (B) The concentration of either TOC
rate or glycol-HAP absorbency, shall or total HAP in the exhaust gases at
be allowed. Changes in the inlet gas the outlet of the device is reduced to a
characteristics or natural gas through- level equal to or less than 20 parts per
put rate shall not be considered in de- million by volume on a dry basis cor-
termining the overall emission reduc- rected to 3 percent oxygen as deter-
tion due to process modifications. mined in accordance with the require-
(3) The owner or operator that ments of § 63.1282(e).
achieves a 95.0 percent HAP emission (ii) A vapor recovery device (e.g., car-
reduction or meets the BTEX limit de- bon adsorption system or condenser) or
termined in § 63.1275(b)(1)(iii), as appli- other non-destructive control device
cable, using process modifications that is designed and operated to reduce
alone shall comply with paragraph the mass content of BTEX in the gases
(e)(3)(i) of this section. The owner or vented to the device as determined in
operator that achieves a 95.0 percent accordance with the requirements of
HAP emission reduction or meets the § 63.1282(d).
BTEX limit determined in (iii) A flare, as defined in § 63.1271,
§ 63.1275(b)(1)(iii), as applicable, using a that is designed and operated in ac-
combination of process modifications cordance with the requirements of
and one or more control devices shall § 63.11(b).
comply with paragraphs (e)(3)(i) and (2) The owner or operator shall oper-
(e)(3)(ii) of this section. ate each control device in accordance
(i) The owner or operator shall main- with the requirements specified in
tain records, as required in paragraphs (f)(2)(i) and (ii) of this sec-
§ 63.1284(b)(10), that the facility con- tion.
tinues to operate in accordance with (i) Each control device used to com-
the conditions specified under para- ply with this subpart shall be operating
graph (e)(2) of this section. at all times. An owner or operator may
(ii) The owner or operator shall com- vent more than one unit to a control
ply with the control device require- device used to comply with this sub-
ments specified in paragraph (d) or (f) part.
of this section, as applicable, except (ii) For each control device mon-
that the emission reduction or limit itored in accordance with the require-
achieved shall be the emission reduc- ments of § 63.1283(d), the owner or oper-
tion or limit specified for the control ator shall demonstrate compliance ac-
device(s) in paragraph (e)(2) of this sec- cording to the requirements of either
tion. § 63.1282(e) or (h).

(f) Control device requirements for small (3) For each carbon adsorption sys-
glycol dehydration units. (1) The control tem used as a control device to meet
238
the requirements of paragraph (f)(1) of tled ‘‘Atmospheric Rich/Lean Method

this section, the owner or operator for Determining Glycol Dehydrator
shall manage the carbon as required Emissions’’ (GRI–95/0368.1); or
under (d)(5)(i) and (ii) of this section. (ii) The owner or operator shall de-
[64 FR 32648, June 17, 1999, as amended at 66 termine an average mass rate of ben-
FR 34556, June 29, 2001; 68 FR 37357, June 23, zene or BTEX emissions in kilograms
2003; 77 FR 49587, Aug. 16, 2012] per hour through direct measurement
by performing three runs of Method 18
§ 63.1282 Test methods, compliance in 40 CFR part 60, appendix A; or ASTM
procedures, and compliance dem- D6420–99 (Reapproved 2004) (incor-
onstrations.
porated by reference as specified in
(a) Determination of glycol dehydration § 63.14), as specified in § 63.772(a)(1)(ii);
unit flowrate, benzene emissions, or or an equivalent method; and aver-
BTEX emissions. The procedures of this aging the results of the three runs. An-
paragraph shall be used by an owner or nual emissions in kilograms per year
operator to determine glycol dehydra- shall be determined by multiplying the
tion unit natural gas flowrate, benzene mass rate by the number of hours the
emissions, or BTEX emissions. unit is operated per year. This result
(1) The determination of actual shall be converted to megagrams per
flowrate of natural gas to a glycol de- year.
hydration unit shall be made using the (b) No detectable emissions test proce-
procedures of either paragraph (a)(1)(i) dure. (1) The procedure shall be con-
or (a)(1)(ii) of this section. ducted in accordance with Method 21,
(i) The owner or operator shall in- 40 CFR part 60, appendix A.
stall and operate a monitoring instru- (2) The detection instrument shall
ment that directly measures natural meet the performance criteria of Meth-
gas flowrate to the glycol dehydration od 21, 40 CFR part 60, appendix A, ex-
unit with an accuracy of plus or minus cept the instrument response factor
2 percent or better. The owner or oper- criteria in section 3.1.2(a) of Method 21
ator shall convert the annual natural shall be for the average composition of
gas flowrate to a daily average by di- the fluid, and not for each individual
viding the annual flowrate by the num- organic compound in the stream.
ber of days per year the glycol dehy-
(3) The detection instrument shall be
dration unit processed natural gas.
calibrated before use on each day of its
(ii) The owner or operator shall docu-
use by the procedures specified in
ment, to the Administrator’s satisfac-
Method 21, 40 CFR part 60, appendix A.
tion, the actual annual average natural
gas flowrate to the glycol dehydration (4) Calibration gases shall be as fol-
unit. lows:
(2) The determination of actual aver- (i) Zero air (less than 10 parts per
age benzene or BTEX emissions from a million by volume hydrocarbon in air);
glycol dehydration unit shall be made and
using the procedures of either para- (ii) A mixture of methane in air at a
graph (a)(2)(i) or (ii) of this section. methane concentration of less than
Emissions shall be determined either 10,000 parts per million by volume.
uncontrolled or with federally enforce- (5) An owner or operator may choose
able controls in place. to adjust or not adjust the detection
(i) The owner or operator shall deter- instrument readings to account for the
mine actual average benzene or BTEX background organic concentration
emissions using the model GRI– level. If an owner or operator chooses
GLYCalc TM, Version 3.0 or higher, and to adjust the instrument readings for
the procedures presented in the associ- the background level, the background
ated GRI–GLYCalc TM Technical Ref- level value must be determined accord-
erence Manual. Inputs to the model ing to the procedures in Method 21 of 40
shall be representative of actual oper- CFR part 60, appendix A.
ating conditions of the glycol dehydra- (6)(i) Except as provided in paragraph
tion unit and may be determined using (b)(6)(ii) of this section, the detection
the procedures documented in the Gas instrument shall meet the performance
Research Institute (GRI) report enti- criteria of Method 21 of 40 CFR part 60,
239
§ 63.1282 40 CFR Ch. I (7–1–16 Edition)
appendix A, except the instrument re- the test procedures for small dehydra-
sponse factor criteria in section 3.1.2(a) tion units.
of Method 21 shall be for the average (1) If the owner or operator is using a
composition of the process fluid not control device to comply with the
each individual volatile organic com- emission limit in § 63.1275(b)(1)(iii), the
pound in the stream. For process requirements of paragraph (d) of this
streams that contain nitrogen, air, or section apply. Compliance is dem-
other inert gases that are not organic onstrated using the methods specified
HAP or VOC, the average stream re- in paragraph (e) of this section.
sponse factor shall be calculated on an (2) If no control device is used to
inert-free basis. comply with the emission limit in
(ii) If no instrument is available at § 63.1275(b)(1)(iii), the owner or operator
the facility that will meet the perform- must determine the glycol dehydration
ance criteria specified in paragraph unit BTEX emissions as specified in
(b)(6)(i) of this section, the instrument paragraphs (c)(2)(i) through (iii) of this
readings may be adjusted by multi- section. Compliance is demonstrated if
plying by the average response factor the BTEX emissions determined as
of the process fluid, calculated on an specified in paragraphs (c)(2)(i) through
inert-free basis as described in para- (iii) are less than the emission limit
graph (b)(6)(i) of this section. calculated using the equation in
(7) An owner or operator must deter- § 63.1275(b)(1)(iii).
mine if a potential leak interface oper- (i) Method 1 or 1A, 40 CFR part 60, ap-
ates with no detectable emissions using pendix A, as appropriate, shall be used
the applicable procedure specified in for selection of the sampling sites at
paragraph (b)(7)(i) or (b)(7)(ii) of this the outlet of the glycol dehydration
section. unit process vent. Any references to
particulate mentioned in Methods 1
(i) If an owner or operator chooses
and 1A do not apply to this section.
not to adjust the detection instrument
(ii) The gas volumetric flowrate shall
readings for the background organic
be determined using Method 2, 2A, 2C,
concentration level, then the max-
or 2D, 40 CFR part 60, appendix A, as
imum organic concentration value appropriate.
measured by the detection instrument (iii) The BTEX emissions from the
is compared directly to the applicable outlet of the glycol dehydration unit
value for the potential leak interface process vent shall be determined using
as specified in paragraph (b)(8) of this the procedures specified in paragraph
section. (d)(3)(v) of this section. As an alter-
(ii) If an owner or operator chooses to native, the mass rate of BTEX at the
adjust the detection instrument read- outlet of the glycol dehydration unit
ings for the background organic con- process vent may be calculated using
centration level, the value of the arith- the model GRI–GLYCalc TM, Version 3.0
metic difference between the maximum or higher, and the procedures presented
organic concentration value measured in the associated GRI–GLYCalc TM
by the instrument and the background Technical Reference Manual. Inputs to
organic concentration value as deter- the model shall be representative of ac-
mined in paragraph (b)(5) of this sec- tual operating conditions of the glycol
tion is compared with the applicable dehydration unit and shall be deter-
value for the potential leak interface mined using the procedures docu-
as specified in paragraph (b)(8) of this mented in the Gas Research Institute
section. (GRI) report entitled ‘‘Atmospheric
(8) A potential leak interface is de- Rich/Lean Method for Determining
termined to operate with no detectable Glycol Dehydrator Emissions’’ (GRI–95/
organic emissions if the organic con- 0368.1). When the BTEX mass rate is
centration value determined in para- calculated for glycol dehydration units
graph (b)(7) is less than 500 parts per using the model GRI–GLYCalc TM, all
million by volume. BTEX measured by Method 18, 40 CFR
(c) Test procedures and compliance part 60, appendix A, shall be summed.
demonstrations for small glycol dehydra- (d) Control device performance test pro-
tion units. This paragraph (c) applies to cedures. This paragraph applies to the
240
performance testing of control devices. hazardous waste incinerator for which

The owners or operators shall dem- the owner or operator has been issued a
onstrate that a control device achieves final permit under 40 CFR part 270 and
the performance requirements of complies with the requirements of 40
§ 63.1281(d)(1), (e)(3)(ii), or (f)(1) using a CFR part 264, subpart O, or has cer-
performance test as specified in para- tified compliance with the interim sta-
graph (d)(3) of this section. Owners or tus requirements of 40 CFR part 265,
operators using a condenser have the subpart O.
option to use a design analysis as spec- (vi) A control device for which a per-
ified in paragraph (d)(4) of this section. formance test was conducted for deter-
The owner or operator may elect to use mining compliance with a regulation
the alternative procedures in para- promulgated by the EPA, and the test
graph (d)(5) of this section for perform- was conducted using the same methods
ance testing of a condenser used to specified in this section, and either no
control emissions from a glycol dehy- process changes have been made since
dration unit process vent. Flares shall the test, or the owner or operator can
meet the provisions in paragraph (d)(2) demonstrate that the results of the
of this section. As an alternative to performance test, with or without ad-
conducting a performance test under justments, reliably demonstrate com-
this section for combustion control de- pliance despite process changes.
vices, a control device that can be dem- (2) An owner or operator shall design
onstrated to meet the performance re- and operate each flare, as defined in
quirements of § 63.1281(d)(1), (e)(3)(ii), or § 63.1271, in accordance with the re-
(f)(1) through a performance test con- quirements specified in § 63.11(b) and
ducted by the manufacturer, as speci- the compliance determination shall be
fied in paragraph (g) of this section, conducted using Method 22 of 40 CFR
can be used. part 60, appendix A, to determine visi-
(1) The following control devices are
ble emissions.
exempt from the requirements to con-
(3) For a performance test conducted
duct performance tests and design
to demonstrate that a control device
analyses under this section:
(i) Except as specified in paragraph meets the requirements of
(d)(2) of this section, a flare, as defined § 63.1281(d)(1), (e)(3)(ii), or (f)(1) the
in § 63.1271, that is designed and oper- owner or operator shall use the test
ated in accordance with § 63.11(b); methods and procedures specified in
(ii) Except for control devices used paragraphs (d)(3)(i) through (v) of this
for small glycol dehydration units, a section. The initial and periodic per-
boiler or process heater with a design formance tests shall be conducted ac-
heat input capacity of 44 megawatts or cording to the schedule specified in
greater; paragraph (d)(3)(vi) of this section.
(iii) Except for control devices used (i) Method 1 or 1A, 40 CFR part 60, ap-
for small glycol dehydration units, a pendix A, as appropriate, shall be used
boiler or process heater into which the for selection of the sampling sites spec-
vent stream is introduced with the pri- ified in paragraphs (d)(3)(i)(A) and (B)
mary fuel or is used as the primary of this section. Any references to par-
fuel; ticulate mentioned in Methods 1 and
(iv) Except for control devices used 1A do not apply to this section.
for small glycol dehydration units, a (A) To determine compliance with
boiler or process heater burning haz- the control device percent reduction
ardous waste for which the owner or requirements specified in
operator has either been issued a final § 63.1281(d)(1)(i)(A),(d)(1)(ii), or (e)(3)(ii),
permit under 40 CFR part 270 and com- sampling sites shall be located at the
plies with the requirements of 40 CFR inlet of the first control device and at
part 266, subpart H, or has certified the outlet of the final control device.
compliance with the interim status re- (B) To determine compliance with
quirements of 40 CFR part 266, subpart the enclosed combustion device total
H; HAP concentration limit specified in

(v) Except for control devices used § 63.1281(d)(1)(i)(B), or the BTEX emis-
for small glycol dehydration units, a sion limit specified in § 63.1275(b)(1)(iii),
241
§ 63.1282 40 CFR Ch. I (7–1–16 Edition)
the sampling site shall be located at of the control device, respectively, dry
the outlet of the combustion device. basis, parts per million by volume.
(ii) The gas volumetric flowrate shall Ei, Eo = Mass rate of TOC (minus methane
and ethane) or total HAP at the inlet and
be determined using Method 2, 2A, 2C, outlet of the control device, respectively,
or 2D, 40 CFR part 60, appendix A, as dry basis, kilogram per hour.
appropriate. Mij, Moj = Molecular weight of sample compo-
(iii) To determine compliance with nent j of the gas stream at the inlet and
the control device percent reduction outlet of the control device, respectively,
performance requirement in gram/gram-mole.
§ 63.1281(d)(1)(i)(A), 63.1281(d)(1)(ii), or Qi, Qo = Flowrate of gas stream at the inlet
63.1281(e)(3)(ii), the owner or operator and outlet of the control device, respec-
tively, dry standard cubic meter per
shall use either Method 18, 40 CFR part minute.
60, appendix A, or Method 25A, 40 CFR K2 = Constant, 2.494 × 10¥6 (parts per mil-
part 60, appendix A; or ASTM D6420–99 lion)¥1 (gram-mole per standard cubic
(incorporated by reference as specified meter) (kilogram/gram) (minute/hour),
in § 63.14), as specified in where standard temperature is 20 °C.
§ 63.772(a)(1)(ii); alternatively, any n = Number of components in sample.
other method or data that have been (2) When the TOC mass rate is cal-
validated according to the applicable culated, all organic compounds (minus
procedures in Method 301 of appendix A methane and ethane) measured by
of this part may be used. The following Method 18, of 40 CFR part 60, appendix
procedures shall be used to calculate A; or Method 25A, 40 CFR part 60, ap-
the percentage of reduction: pendix A, shall be summed using the
(A) The minimum sampling time for equations in paragraph (d)(3)(iii)(B)(1)
each run shall be 1 hour in which either of this section.
an integrated sample or a minimum of (3) When the total HAP mass rate is
four grab samples shall be taken. If calculated, only HAP chemicals listed
grab sampling is used, then the sam- in Table 1 of this subpart shall be
ples shall be taken at approximately summed using the equations in para-
equal intervals in time, such as 15- graph (d)(3)(iii)(B)(1) of this section.
minute intervals during the run. (4) As an alternative to the proce-
(B) The mass rate of either TOC dures for calculating Ei specified in
(minus methane and ethane) or total paragraph (d)(3)(iii)(B)(1) of this sec-
HAP (Ei, Eo) shall be computed using tion, the owner or operator may use
the equations and procedures specified the model GRI-GLYCalc TM, Version 3.0
in paragraphs (d)(3)(iii)(B)(1) through or higher, and the procedures presented
(3) of this section. As an alternative, in the associated GRI-GLYCalc TM
the mass rate of either TOC (minus Technical Reference Manual. Inputs to
methane and ethane) or total HAP at the model shall be representative of ac-
the inlet of the control device (Ei) may tual operating conditions of the glycol
be calculated using the procedures dehydration unit and shall be deter-
specified in paragraph (d)(3)(iii)(B)(4) of mined using the procedures docu-
this section. mented in the Gas Research Institute
(1) The following equations shall be (GRI) report entitled ‘‘Atmospheric
used: Rich/Lean Method for Determining
Glycol Dehydrator Emissions’’ (GRI–95/
⎛ n ⎞
∑C
0368.1). When the TOC mass rate is cal-
Ei = K2 ⎜ i jM i j ⎟ Qi culated for glycol dehydration units
⎜ ⎟
⎝ j=1 ⎠ using the model GRI-GLYCalc TM, all
organic compounds (minus methane
and ethane) measured by Method 18, 40
CFR part 60, appendix A, or Method
⎛ n ⎞ 25A, 40 CFR part 60, appendix A, shall
Eo = K2 ⎜
⎜
⎝
∑
j=1
C o jM o j ⎟ Q o
⎟
⎠
be summed. When the total HAP mass
rate is calculated for glycol dehydra-
tion units using the model GRI-
Where: GLYCalc TM, only HAP chemicals listed

Cij, Coj = Concentration of sample component in Table 1 of this subpart shall be
j of the gas stream at the inlet and outlet summed.
242
ER29JN01.027</MATH>
(C) The percentage of reduction in grab sampling is used, then the sam-
TOC (minus methane and ethane) or ples shall be taken at approximately
total HAP shall be calculated as fol- equal intervals in time, such as 15-
lows: minute intervals during the run.
(B) The TOC concentration or total
Ei − Eo
R cd = × 100% HAP concentration shall be calculated
Ei according to paragraph (d)(3)(iv)(B)(1)
or (d)(3)(iv)(B)(2) of this section.
Where:
(1) The TOC concentration (CTOC) is
Rcd = Control efficiency of control device,
percent.
the sum of the concentrations of the
Ei = Mass rate of TOC (minus methane and individual components and shall be
ethane) or total HAP at the inlet to the computed for each run using the fol-
control device as calculated under para- lowing equation:
graph (d)(3)(iii)(B) of this section, kilo-
grams TOC per hour or kilograms HAP
⎛ n ⎞
∑
per hour.
Eo = Mass rate of TOC (minus methane and ⎜ C ji ⎟
x
⎝ j=1 ⎠
=∑
ethane) or total HAP at the outlet of the
control device, as calculated under para- C TOC
graph (d)(3)(iii)(B) of this section, kilo- i =1 x
grams TOC per hour or kilograms HAP
Where:
per hour.
CTOC = Concentration of total organic com-
(D) If the vent stream entering a pounds minus methane and ethane, dry
boiler or process heater with a design basis, parts per million by volume.
capacity less than 44 megawatts is in- Cji = Concentration of sample components j
troduced with the combustion air or as of sample i, dry basis, parts per million
a secondary fuel, the weight-percent- by volume.
age of reduction of total HAP or TOC n = Number of components in the sample.
(minus methane and ethane) across the x = Number of samples in the sample run.
device shall be determined by com-
paring the TOC (minus methane and (2) The total HAP concentration
ethane) or total HAP in all combusted (CHAP) shall be computed according to
vent streams and primary and sec- the equation in paragraph
ondary fuels with the TOC (minus (d)(3)(iv)(B)(1) of this section, except
methane and ethane) or total HAP that only HAP chemicals listed in
exiting the device, respectively. Table 1 of this subpart shall be
(iv) To determine compliance with summed.
the enclosed combustion device total (C) The TOC concentration or total
HAP concentration limit specified in HAP concentration shall be corrected
§ 63.1281(d)(1)(i)(B), the owner or oper- to 3 percent oxygen as follows:
ator shall use either Method 18, 40 CFR (1) The emission rate correction fac-
part 60, appendix A; or Method 25A, 40 tor for excess air, integrated sampling
CFR part 60, appendix A; or ASTM and analysis procedures of Method 3A
D6420–99 (Reapproved 2004) (incor- or 3B, 40 CFR part 60, appendix A,
porated by reference as specified in ASTM D6522–00 (Reapproved 2005), or
§ 63.14), as specified in § 63.772(a)(1)(ii), ANSI/ASME PTC 19.10–1981, Part 10
to measure either TOC (minus methane (manual portion only) (incorporated by
and ethane) or total HAP. Alter- reference as specified in § 63.14) shall be
natively, any other method or data
used to determine the oxygen con-
that have been validated according to
centration (%O2d). The samples shall be
Method 301 of appendix A of this part,
taken during the same time that the
may be used. The following procedures
shall be used to calculate parts per samples are taken for determining TOC
million by volume concentration, cor- concentration or total HAP concentra-
rected to 3 percent oxygen: tion.
(A) The minimum sampling time for (2) The concentration corrected to 3
each run shall be 1 hour in which either percent oxygen (Cc) shall be computed
ER17JN99.011</GPH>
an integrated sample or a minimum of using the following equation:

four grab samples shall be taken. If
243
ER17JN99.010</GPH>
§ 63.1282 40 CFR Ch. I (7–1–16 Edition)
or any other method or data that have

⎛ 17.9 ⎞ been validated according to the appli-
Cc = Cm ⎜ ⎟ cable procedures in Method 301, 40 CFR
⎝ 20.9 − % O 2d ⎠ part 63, appendix A. The following pro-
Where: cedures shall be used to calculate
Cc = TOC concentration of total HAP con- BTEX emissions:
centration corrected to 3 percent oxygen, (A) The minimum sampling time for
dry basis, parts per million by volume. each run shall be 1 hour in which either
Cm = TOC concentration or total HAP con-
centration, dry basis, parts per million an integrated sample or a minimum of
by volume. four grab samples shall be taken. If
%O2d = Concentration of oxygen, dry basis, grab sampling is used, then the sam-
percent by volume. ples shall be taken at approximately
(v) To determine compliance with the equal intervals in time, such as 15-
BTEX emission limit specified in minute intervals during the run.
§ 63.1275(b)(1)(iii) the owner or operator (B) The mass rate of BTEX (Eo) shall
shall use one of the following methods: be computed using the equations and
Method 18, 40 CFR part 60, appendix A; procedures specified in paragraphs
ASTM D6420–99 (Reapproved 2004) (in- (d)(3)(v)(B)(1) and (2) of this section.
corporated by reference as specified in (1) The following equation shall be
§ 63.14), as specified in § 63.772(a)(1)(ii); used:
Where: the schedule specified in paragraphs

Eo = Mass rate of BTEX at the outlet of the (d)(3)(vi)(A) and (B) of this section.
control device, dry basis, kilogram per (A) An initial performance test shall
hour. be conducted within 180 days after the
Coj = Concentration of sample component j of compliance date that is specified for
the gas stream at the outlet of the con- each affected source in § 63.1270(d)(3)
trol device, dry basis, parts per million and (4) except that the initial perform-
by volume.
ance test for existing combustion con-
Moj = Molecular weight of sample component
j of the gas stream at the outlet of the trol devices (i.e., control devices in-
control device, gram/gram-mole. stalled on or before August 23, 2011) at
Qo = Flowrate of gas stream at the outlet of major sources shall be conducted no
the control device, dry standard cubic later than October 15, 2015. If the owner
meter per minute. or operator of an existing combustion
K2 = Constant, 2.494 × 10¥6 (parts per million) control device at a major source choos-
(gram-mole per standard cubic meter) es to replace such device with a control
(kilogram/gram) (minute/hour), where device whose model is tested under
standard temperature (gram-mole per
§ 63.1282(g), then the newly installed de-
standard cubic meter) is 20 degrees C.
n = Number of components in sample.
vice shall comply with all provisions of
this subpart no later than October 15,
(2) When the BTEX mass rate is cal- 2015. The performance test results shall
culated, only BTEX compounds meas- be submitted in the Notification of
ured by Method 18, 40 CFR part 60, ap- Compliance Status Report as required
pendix A, or ASTM D6420–99 (Re- in § 63.1285(d)(1)(ii).
approved 2004) (incorporated by ref- (B) Periodic performance tests shall
erence as specified in § 63.14) as speci- be conducted for all control devices re-
fied in § 63.772(a)(1)(ii), shall be summed quired to conduct initial performance
using the equations in paragraph tests except as specified in paragraphs
(d)(3)(v)(B)(1) of this section. (e)(3)(vi)(B)(1) and (2) of this section.

ER16AU12.014</GPH>
(vi) The owner or operator shall con- The first periodic performance test
duct performance tests according to shall be conducted no later than 60
244
ER17JN99.012</GPH>
months after the initial performance (B) For a catalytic vapor incinerator,
test required in paragraph (d)(3)(vi)(A) the design analysis shall include the
of this section. Subsequent periodic vent stream composition, constituent
performance tests shall be conducted concentrations, and flowrate and shall
at intervals no longer than 60 months establish the design minimum and av-
following the previous periodic per- erage temperatures across the catalyst
formance test or whenever a source de- bed inlet and outlet, and the design
sires to establish a new operating service life of the catalyst.
limit. The periodic performance test (C) For a boiler or process heater, the
results must be submitted in the next design analysis shall include the vent
Periodic Report as specified in stream composition, constituent con-
§ 63.1285(e)(2)(x). Combustion control centrations, and flowrate; shall estab-
devices meeting the criteria in either lish the design minimum and average
paragraph (e)(3)(vi)(B)(1) or (2) of this flame zone temperatures and combus-
section are not required to conduct tion zone residence time; and shall de-
periodic performance tests. scribe the method and location where
(1) A control device whose model is the vent stream is introduced into the
tested under, and meets the criteria of, flame zone.
§ 63.1282(g), or (D) For a condenser, the design anal-
(2) A combustion control device dem- ysis shall include the vent stream com-
onstrating during the performance test position, constituent concentrations,
under § 63.1282(d) that combustion zone flowrate, relative humidity, and tem-
temperature is an indicator of destruc- perature, and shall establish the design
tion efficiency and operates at a min- outlet organic compound concentration
imum temperature of 760 degrees C. level, design average temperature of
the condenser exhaust vent stream,
(4) For a condenser design analysis
and the design average temperatures of
conducted to meet the requirements of
the coolant fluid at the condenser inlet
§ 63.1281(d)(1), (e)(3)(ii), or (f)(1), the
and outlet. As an alternative to the de-
owner or operator shall meet the re-
sign analysis, an owner or operator
quirements specified in paragraphs
may elect to use the procedures speci-
(d)(4)(i) and (ii) of this section. Docu- fied in paragraph (d)(5) of this section.
mentation of the design analysis shall (E) For a regenerable carbon adsorp-
be submitted as a part of the Notifica- tion, the design analysis shall include
tion of Compliance Status Report as the vent stream composition, con-
required in § 63.1285(d)(1)(i). stituent concentrations, flowrate, rel-
(i) The condenser design analysis ative humidity, and temperature, and
shall include an analysis of the vent shall establish the design exhaust vent
stream composition, constituent con- stream organic compound concentra-
centrations, flowrate, relative humid- tion level, adsorption cycle time, num-
ity, and temperature, and shall estab- ber and capacity of carbon beds, type
lish the design outlet organic com- and working capacity of activated car-
pound concentration level, design aver- bon used for the carbon beds, design
age temperature of the condenser ex- total regeneration stream flow over the
haust vent stream, and the design aver- period of each complete carbon bed re-
age temperatures of the coolant fluid generation cycle, design carbon bed
at the condenser inlet and outlet. As temperature after regeneration, design
an alternative to the condenser design carbon bed regeneration time, and de-
analysis, an owner or operator may sign service life of the carbon.
elect to use the procedures specified in (F) For a nonregenerable carbon ad-
paragraph (d)(5) of this section. sorption system, such as a carbon can-
(A) For a thermal vapor incinerator, ister, the design analysis shall include
the design analysis shall include the the vent stream composition, con-
vent stream composition, constituent stituent concentrations, flowrate, rel-
concentrations, and flowrate and shall ative humidity, and temperature, and
establish the design minimum and av- shall establish the design exhaust vent
erage temperatures in the combustion stream organic compound concentra-

zone and the combustion zone resi- tion level, capacity of the carbon bed,
dence time. type and working capacity of activated
245
§ 63.1282 40 CFR Ch. I (7–1–16 Edition)
carbon used for the carbon bed, and de- imum monitoring parameter value (as
sign carbon replacement interval based appropriate) according to the require-
on the total carbon working capacity ments of § 63.1283(d)(5)(i).
of the control device and source oper- (2) The owner or operator shall cal-
ating schedule. In addition, these sys- culate the daily average of the applica-
tems will incorporate dual carbon can- ble monitored parameter in accordance
isters in case of emission breakthrough with § 63.1283(d)(4) except that the inlet
occurring in one canister. gas flowrate to the control device shall
(ii) If the owner or operator and the not be averaged.
Administrator do not agree on a dem- (3) Compliance is achieved when the
onstration of control device perform-
daily average of the monitoring param-
ance using a design analysis, then the
eter value calculated under paragraph
disagreement shall be resolved using
(e)(2) of this section is either equal to
the results of a performance test per-
or greater than the minimum or equal
formed by the owner or operator in ac-
cordance with the requirements of to or less than the maximum moni-
paragraph (d)(3) of this section. The toring value established under para-
Administrator may choose to have an graph (e)(1) of this section. For inlet
authorized representative observe the gas flowrate, compliance with the oper-
performance test. ating parameter limit is achieved when
(5) As an alternative to the proce- the value is equal to or less than the
dures in paragraph (d)(4)(i) of this sec- value established under § 63.1282(g) or
tion, an owner or operator may elect to under the performance test conducted
use the procedures documented in the under § 63.1282(d), as applicable.
GRI report entitled, ‘‘Atmospheric (4) Except for periods of monitoring
Rich/Lean Method for Determining system malfunctions, repairs associ-
Glycol Dehydrator Emissions,’’ (GRI– ated with monitoring system malfunc-
95/0368.1) as inputs for the model GRI– tions, and required monitoring system
GLYCalc TM, Version 3.0 or higher, to quality assurance or quality control
generate a condenser performance activities (including, as applicable, sys-
curve. tem accuracy audits and required zero
(e) Compliance demonstration for con- and span adjustments), the CMS re-
trol devices performance requirements. quired in § 63.1283(d) must be operated
This paragraph applies to the dem- at all times the affected source is oper-
onstration of compliance with the con- ating. A monitoring system malfunc-
trol device performance requirements tion is any sudden, infrequent, not rea-
specified in § 63.1281(d)(1), (e)(3)(ii), and sonably preventable failure of the mon-
(f)(1). Compliance shall be dem- itoring system to provide valid data.
onstrated using the requirements in Monitoring system failures that are
paragraphs (e)(1) through (3) of this caused in part by poor maintenance or
section. As an alternative, an owner or
careless operation are not malfunc-
operator that installs a condenser as
tions. Monitoring system repairs are
the control device to achieve the re-
required to be completed in response to
quirements specified in
§ 63.1281(d)(1)(ii), (e)(3)(ii), or (f)(1) may monitoring system malfunctions and
demonstrate compliance according to to return the monitoring system to op-
paragraph (f) of this section. An owner eration as expeditiously as practicable.
or operator may switch between com- (5) Data recorded during monitoring
pliance with paragraph (e) of this sec- system malfunctions, repairs associ-
tion and compliance with paragraph (f) ated with monitoring system malfunc-
of this section only after at least 1 year tions, or required monitoring system
of operation in compliance with the se- quality assurance or control activities
lected approach. Notification of such a may not be used in calculations used to
change in the compliance method shall report emissions or operating levels.
be reported in the next Periodic Re- All the data collected during all other
port, as required in § 63.1285(e), fol- required data collection periods must
lowing the change. be used in assessing the operation of

(1) The owner or operator shall estab- the control device and associated con-
lish a site specific maximum or min- trol system.
246
(6) Except for periods of monitoring requirements of § 63.1281(e), the 30-day

system malfunctions, repairs associ- average HAP emission, or BTEX, emis-
ated with monitoring system malfunc- sion reduction, shall be calculated
tions, and required quality monitoring using the emission reduction achieved
system quality assurance or quality through process modifications and the
control activities (including, as appli- condenser efficiency as determined in
cable, system accuracy audits and re- paragraph (f)(2)(ii) of this section, both
quired zero and span adjustments), fail- for the preceding 30 operating days.
ure to collect required data is a devi- (A) After the compliance date speci-
ation of the monitoring requirements. fied in § 63.1270(d), an owner or operator
(f) Compliance demonstration with per- of a facility that stores natural gas
cent reduction or emission limit perform- that has less than 30 days of data for
ance requirements—condensers. This determining the average HAP, or
paragraph applies to the demonstration BTEX, emission reduction, as appro-
of compliance with the performance re- priate, shall calculate the cumulative
quirements specified in average at the end of the withdrawal
§ 63.1281(d)(1)(ii), (e)(3) or (f)(1) for con- season, each season, until 30 days of
densers. Compliance shall be dem- condenser operating data are accumu-
onstrated using the procedures in para- lated. For a facility that does not store
graphs (f)(1) through (f)(3) of this sec- natural gas, the owner or operator that
tion. has less than 30 days of data for deter-
(1) The owner or operator shall estab- mining average HAP, or BTEX, emis-
lish a site-specific condenser perform- sion reduction, as appropriate, shall
ance curve according to the procedures calculate the cumulative average at
specified in § 63.1283(d)(5)(ii). For the end of the calendar year, each year,
sources required to meet the BTEX until 30 days of condenser operating
limit in accordance with § 63.1281(e) or data are accumulated.
(f)(1) the owner or operator shall iden- (B) After the compliance date speci-
tify the minimum percent reduction fied in § 63.1270(d), for an owner or oper-
necessary to meet the BTEX limit. ator that has less than 30 days of data
(2) Compliance with the percent re- for determining the average HAP, or
duction requirement in § 63.1281(d)(1)(ii) BTEX, emission reduction, as appro-
or (e)(3) shall be demonstrated by the priate, compliance is achieved if the
procedures in paragraphs (f)(2)(i) average HAP, or BTEX, emission re-
through (iii) of this section. duction, as appropriate, calculated in
(i) The owner or operator must cal- paragraph (f)(2)(iii)(A) of this section is
culate the daily average condenser out- equal to or greater than 95.0 percent or
let temperature in accordance with is equal to or greater than the min-
§ 63.1283(d)(4). imum percent reduction necessary to
(ii) The owner or operator shall de- meet the BTEX emission limit as de-
termine the condenser efficiency for termined in paragraph (f)(1) of this sec-
the current operating day using the tion.
daily average condenser outlet tem- (C) For the purposes of this subpart,
perature calculated in paragraph a withdrawal season begins the first
(f)(2)(i) of this section and the con- time gas is withdrawn from the storage
denser performance curve established field after July 1 of the calendar year
in paragraph (f)(1) of this section. and ends on June 30 of the next cal-
(iii) Except as provided in paragraphs endar year.
(f)(2)(iii)(A), (B), and (D) of this sec- (D) Glycol dehydration units that are
tion, at the end of each operating day operated continuously have the option
the owner or operator shall calculate of complying with the requirements
the 30-day average HAP, or BTEX, specified in 40 CFR 63.772(g).
emission reduction, as appropriate, (3) Compliance is achieved based on
from the condenser efficiencies as de- the applicable criteria in paragraphs
termined in paragraph (f)(2)(ii) of this (f)(3)(i) or (ii) of this section.
section for the preceding 30 operating (i) For sources meeting the HAP
days. If the owner or operator uses a emission reduction specified in

combination of process modifications § 63.1281(d)(1)(ii) or (e)(3) if the average
and a condenser in accordance with the HAP emission reduction calculated in
247
§ 63.1282 40 CFR Ch. I (7–1–16 Edition)
paragraph (f)(2)(iii) of this section is first 5 minutes, incrementally ramp

equal to or greater than 95.0 percent. the firing rate to 30 percent of the max-
(ii) For sources required to meet the imum design rate. Hold at 30 percent
BTEX limit under § 63.1281(e)(3) or for 5 minutes. In the 10–15 minute time
(f)(1), compliance is achieved if the av- range, incrementally ramp back down
erage BTEX emission reduction cal- to 0 percent of the maximum design
culated in paragraph (f)(2)(iii) of this rate. Repeat three more times for a
section is equal to or greater than the total of 60 minutes of sampling.
minimum percent reduction identified (3) All models employing multiple en-
in paragraph (f)(1) of this section. closures shall be tested simultaneously
(g) Performance testing for combustion and with all burners operational. Re-
control devices—manufacturers’ perform- sults shall be reported for each enclo-
ance test. (1) This paragraph (g) applies sure individually and for the average of
to the performance testing of a com- the emissions from all interconnected
bustion control device conducted by combustion enclosures/chambers. Con-
the device manufacturer. The manufac- trol device operating data shall be col-
turer shall demonstrate that a specific lected continuously throughout the
model of control device achieves the performance test using an electronic
performance requirements in (g)(7) of Data Acquisition System and strip
this section by conducting a perform- chart. Data shall be submitted with the
ance test as specified in paragraphs test report in accordance with para-
(g)(2) through (6) of this section. graph (g)(8)(iii) of this section.
(2) Performance testing shall consist (4) Inlet testing shall be conducted as
of three one-hour (or longer) test runs specified in paragraphs (g)(4)(i) through
for each of the four following firing (iii) of this section.
rate settings making a total of 12 test (i) The inlet gas flow metering sys-
runs per test. Propene (propylene) gas tem shall be located in accordance
shall be used for the testing fuel. All with Method 2A, 40 CFR part 60, appen-
fuel analyses shall be performed by an dix A–1, (or other approved procedure)
independent third-party laboratory to measure inlet gas flowrate at the
(not affiliated with the control device control device inlet location. The fit-
manufacturer or fuel supplier). ting for filling fuel sample containers
(i) 90–100 percent of maximum design shall be located a minimum of 8 pipe
rate (fixed rate). diameters upstream of any inlet gas
(ii) 70–100–70 percent (ramp up, ramp flow monitoring meter.
down). Begin the test at 70 percent of (ii) Inlet gas flowrate shall be deter-
the maximum design rate. During the mined using Method 2A, 40 CFR part 60,
first 5 minutes, incrementally ramp appendix A–1. Record the start and
the firing rate to 100 percent of the stop reading for each 60-minute THC
maximum design rate. Hold at 100 per- test. Record the inlet gas pressure and
cent for 5 minutes. In the 10–15 minute temperature at 5-minute intervals
time range, incrementally ramp back throughout each 60-minute THC test.
down to 70 percent of the maximum de- (iii) Inlet gas sampling shall be con-
sign rate. Repeat three more times for ducted in accordance with the criteria
a total of 60 minutes of sampling. in paragraphs (g)(4)(iii)(A) and (B) of
(iii) 30–70–30 percent (ramp up, ramp this section.
down). Begin the test at 30 percent of (A) At the inlet gas sampling loca-
the maximum design rate. During the tion, securely connect a Silonite-coat-
first 5 minutes, incrementally ramp ed stainless steel evacuated canister
the firing rate to 70 percent of the max- fitted with a flow controller sufficient
imum design rate. Hold at 70 percent to fill the canister over a 3 hour period.
for 5 minutes. In the 10–15 minute time Filling shall be conducted as specified
range, incrementally ramp back down in the following:
to 30 percent of the maximum design (1) Open the canister sampling valve
rate. Repeat three more times for a at the beginning of the total hydro-
total of 60 minutes of sampling. carbon (THC) test, and close the can-
(iv) 0–30–0 percent (ramp up, ramp ister at the end of each THC test run.
down). Begin the test at 0 percent of (2) Fill one canister across the three
the maximum design rate. During the test runs for each THC test such that
248
one composite fuel sample exists for Analyze the bag sample using a gas
each test condition. chromatograph-thermal conductivity
(3) Label the canisters individually detector (GC–TCD) analysis meeting
and record on a chain of custody form. the following criteria:
(B) Each inlet gas sample shall be (1) Collect the integrated sample
analyzed using the following methods. throughout the entire test, and collect
The results shall be included in the representative volumes from each tra-
test report. verse location.
(1) Hydrocarbon compounds con- (2) The sampling line shall be purged
taining between one and five atoms of with stack gas before opening the valve
carbon plus benzene using ASTM and beginning to fill the bag.
D1945–03 (Reapproved 2010) (incor- (3) The bag contents shall be vigor-
porated by reference as specified in ously mixed prior to the GC analysis.
§ 63.14).
(4) The GC–TCD calibration proce-
(2) Hydrogen (H2), carbon monoxide
dure in Method 3C, 40 CFR part 60, Ap-
(CO), carbon dioxide (CO2), nitrogen
pendix A, shall be modified by using
(N2), oxygen (O2) using ASTM D1945–03
EPAAlt–045 as follows: For the initial
(Reapproved 2010) (incorporated by ref-
calibration, triplicate injections of any
erence as specified in § 63.14).
single concentration must agree within
(3) Higher heating value using ASTM
5 percent of their mean to be valid. The
D3588–98 (Reapproved 2003) or ASTM
calibration response factor for a single
D4891–89 (Reapproved 2006) (incor-
concentration re-check must be within
porated by reference as specified in
10 percent of the original calibration
§ 63.14).
(5) Outlet testing shall be conducted response factor for that concentration.
in accordance with the criteria in para- If this criterion is not met, the initial
graphs (g)(5)(i) through (v) of this sec- calibration using at least three con-
tion. centration levels shall be repeated.
(i) Sampling and flowrate measured (B) Report the molecular weight of:
in accordance with the following: O2, CO2, methane (CH4), and N2 and in-
(A) The outlet sampling location clude in the test report submitted
shall be a minimum of 4 equivalent under § 63.775(d)(iii). Moisture shall be
stack diameters downstream from the determined using Method 4, 40 CFR
highest peak flame or any other flow part 60, Appendix A. Traverse both
disturbance, and a minimum of one ports with the Method 4, 40 CFR part
equivalent stack diameter upstream of 60, Appendix A, sampling train during
the exit or any other flow disturbance. each test run. Ambient air shall not be
A minimum of two sample ports shall introduced into the Method 3C, 40 CFR
be used. part 60, Appendix A, integrated bag
(B) Flowrate shall be measured using sample during the port change.
Method 1, 40 CFR part 60, Appendix 1, (iii) Carbon monoxide shall be deter-
for determining flow measurement tra- mined using Method 10, 40 CFR part 60,
verse point location; and Method 2, 40 Appendix A or ASTM D6522–00 (Re-
CFR part 60, Appendix 1, shall be used approved 2005) (incorporated by ref-
to measure duct velocity. If low flow erence as specified in § 63.14). The test
conditions are encountered (i.e., veloc- shall be run at the same time and with
ity pressure differentials less than 0.05 the sample points used for the EPA
inches of water) during the perform- Method 25A, 40 CFR part 60, Appendix
ance test, a more sensitive manometer A, testing. An instrument range of 0–10
or other pressure measurement device per million by volume-dry (ppmvd)
shall be used to obtain an accurate shall be used.
flow profile. (iv) Visible emissions shall be deter-
(ii) Molecular weight shall be determined using Method 22, 40 CFR part 60,
mined as specified in paragraphs Appendix A. The test shall be per-
(g)(4)(iii)(B), and (g)(5)(ii)(A) and (B) of formed continuously during each test
this section. run. A digital color photograph of the
(A) An integrated bag sample shall be exhaust point, taken from the position
collected during the Method 4, 40 CFR of the observer and annotated with
part 60, Appendix A, moisture test. date and time, will be taken once per
249
§ 63.1282 40 CFR Ch. I (7–1–16 Edition)
test run and the four photos included (C) Average CO emissions determined
in the test report. under paragraph (g)(5)(iv) of this sec-
(v) Excess air shall be determined tion equal to or less than 10 parts
using resultant data from the EPA ppmvd, corrected to 3.0 percent CO2.
Method 3C tests and EPA Method 3B, 40 (D) Excess combustion air shall be
CFR part 60, Appendix A, equation 3B– equal to or greater than 150 percent.
1 or ANSI/ASME PTC 19.10–1981, Part 10 (ii) The manufacturer shall deter-
(manual portion only) (incorporated by mine a maximum inlet gas flowrate
reference as specified in § 63.14). which shall not be exceeded for each
(6) Total hydrocarbons (THC) shall be control device model to achieve the
determined as specified by the fol- criteria in paragraph (g)(7)(i) of this
lowing criteria: section.
(i) Conduct THC sampling using (iii) A control device meeting the cri-
Method 25A, 40 CFR part 60, Appendix teria in paragraph (g)(7)(i)(A) through
A, except the option for locating the (C) of this section will have dem-
probe in the center 10 percent of the onstrated a destruction efficiency of
stack shall not be allowed. The THC 95.0 percent for HAP regulated under
probe must be traversed to 16.7 percent, this subpart.
50 percent, and 83.3 percent of the stack (8) The owner or operator of a com-
diameter during the test run. bustion control device model tested
(ii) A valid test shall consist of three under this section shall submit the in-
Method 25A, 40 CFR part 60, Appendix formation listed in paragraphs (g)(8)(i)
A, tests, each no less than 60 minutes through (iii) in the test report required
in duration. under § 63.775(d)(1)(iii).
(iii) A 0–10 parts per million by vol- (i) Full schematic of the control de-
ume-wet (ppmvw) (as propane) meas- vice and dimensions of the device com-
urement range is preferred; as an alter- ponents.
native a 0–30 ppmvw (as carbon) meas- (ii) Design net heating value (min-
urement range may be used. imum and maximum) of the device.
(iii) Test fuel gas flow range (in both
(iv) Calibration gases will be propane
mass and volume). Include the min-
in air and be certified through EPA
imum and maximum allowable inlet
Protocol 1—‘‘EPA Traceability Pro-
gas flowrate.
tocol for Assay and Certification of
(iv) Air/stream injection/assist
Gaseous Calibration Standards,’’ Sep-
ranges, if used.
tember 1997, as amended August 25,
(v) The test parameter ranges listed
1999, EPA–600/R–97/121 (or more recent
in paragraphs (g)(8)(v)(A) through (O)
if updated since 1999).
of this section, as applicable for the
(v) THC measurements shall be re-
tested model.
ported in terms of ppmvw as propane.
(A) Fuel gas delivery pressure and
(vi) THC results shall be corrected to temperature.
3 percent CO2, as measured by Method (B) Fuel gas moisture range.
3C, 40 CFR part 60, Appendix A. (C) Purge gas usage range.
(vii) Subtraction of methane/ethane (D) Condensate (liquid fuel) separa-
from the THC data is not allowed in de- tion range.
termining results. (E) Combustion zone temperature
(7) Performance test criteria: range. This is required for all devices
(i) The control device model tested that measure this parameter.
must meet the criteria in paragraphs (F) Excess combustion air range.
(g)(7)(i)(A) through (C) of this section: (G) Flame arrestor(s).
(A) Method 22, 40 CFR part 60, Appen- (H) Burner manifold pressure.
dix A, results under paragraph (g)(5)(v) (I) Pilot flame sensor.
of this section with no indication of (J) Pilot flame design fuel and fuel
visible emissions, and usage.
(B) Average Method 25A, 40 CFR part (K) Tip velocity range.
60, Appendix A, results under para- (L) Momentum flux ratio.
graph (g)(6) of this section equal to or (M) Exit temperature range.

less than 10.0 ppmvw THC as propane (N) Exit flowrate.
corrected to 3.0 percent CO2, and (O) Wind velocity and direction.
250
(vi) The test report shall include all shall be recorded in a maintenance and
calibration quality assurance/quality repair log and shall be available on site
control data, calibration gas values, for inspection.
gas cylinder certification, and strip (iv) Following return to operation
charts annotated with test times and from maintenance or repair activity,
calibration values. each device must pass a Method 22 vis-
(h) Compliance demonstration for com- ual observation as described in para-
bustion control devices—manufacturers’ graph (h)(3) of this section.
performance test. This paragraph applies
to the demonstration of compliance for [64 FR 32648, June 17, 1999, as amended at 66
a combustion control device tested FR 34556, June 29, 2001; 77 FR 49588, Aug. 16,
2012]
under the provisions in paragraph (g) of
this section. Owners or operators shall § 63.1283 Inspection and monitoring
demonstrate that a control device requirements.
achieves the performance requirements
of § 63.1281(d)(1), (e)(3)(ii) or (f)(1), by in- (a) This section applies to an owner
stalling a device tested under para- or operator using air emission controls
graph (g) of this section and complying in accordance with the requirements of
with the following criteria: § 63.1275.
(1) The inlet gas flowrate shall meet (b) The owner or operator of a con-
the range specified by the manufac- trol device whose model was tested
turer. Flowrate shall be calculated as under 63.1282(g) shall develop an inspec-
specified in § 63.1283(d)(3)(i)(H)(1). tion and maintenance plan for each
(2) A pilot flame shall be present at control device. At a minimum, the plan
all times of operation. The pilot flame shall contain the control device manu-
shall be monitored in accordance with facturer’s recommendations for ensur-
§ 63.1283(d)(3)(i)(H)(2). ing proper operation of the device.
(3) Devices shall be operated with no Semi-annual inspections shall be con-
visible emissions, except for periods ducted for each control device with
not to exceed a total of 2 minutes dur- maintenance and replacement of con-
ing any hour. A visible emissions test trol device components made in ac-
using Method 22, 40 CFR part 60, Ap- cordance with the plan.
pendix A, shall be performed each cal- (c) Closed-vent system inspection and
endar quarter. The observation period monitoring requirements. (1) For each
shall be 1 hour and shall be conducted closed-vent system required to comply
according to EPA Method 22, 40 CFR with this section, the owner or oper-
part 60, Appendix A. ator shall comply with the require-
(4) Compliance with the operating pa- ments of paragraphs (c)(2) through (7)
rameter limit is achieved when the fol- of this section.
lowing criteria are met:
(2) Except as provided in paragraphs
(i) The inlet gas flowrate monitored
(c)(5) and (6) of this section, each
under paragraph (h)(1) of this section is
closed-vent system shall be inspected
equal to or below the maximum estab-
lished by the manufacturer; and according to the procedures and sched-
(ii) The pilot flame is present at all ule specified in paragraphs (c)(2)(i) and
times; and (ii) of this section and each bypass de-
(iii) During the visible emissions test vice shall be inspected according to the
performed under paragraph (h)(3) of procedures of (c)(2)(iii) of this section.
this section the duration of visible (i) For each closed-vent system
emissions does not exceed a total of 2 joints, seams, or other connections
minutes during the observation period. that are permanently or semi-perma-
Devices failing the visible emissions nently sealed (e.g., a welded joint be-
test shall follow manufacturers repair tween two sections of hard piping or a
instructions, if available, or best com- bolted or gasketed ducting flange), the
bustion engineering practice as out- owner or operator shall:
lined in the unit inspection and main- (A) Conduct an initial inspection ac-
tenance plan, to return the unit to cording to the procedures specified in

compliant operation. All repairs and § 63.1282(b) to demonstrate that the
maintenance activities for each unit closed-vent system operates with no
251
§ 63.1283 40 CFR Ch. I (7–1–16 Edition)
detectable emissions. Inspection re- is secured in the non-diverting position

sults shall be submitted with the Noti- using a car-seal or a lock-and-key type
fication of Compliance Status Report configuration, visually inspect the seal
as specified in § 63.1285(d)(1) or (2). or closure mechanism at least once
(B) Conduct annual visual inspec- every month to verify that the valve is
tions for defects that could result in maintained in the non-diverting posi-
air emissions. Defects include, but are tion and the vent stream is not di-
not limited to, visible cracks, holes, or verted through the bypass device.
gaps in piping; loose connections; or (3) In the event that a leak or defect
broken or missing caps or other closure is detected, the owner or operator shall
devices. The owner or operator shall
repair the leak or defect as soon as
monitor a component or connection
practicable, except as provided in para-
using the procedures specified in
§ 63.1282(b) to demonstrate that it oper- graph (c)(4) of this section.
ates with no detectable emissions fol- (i) A first attempt at repair shall be
lowing any time the component or con- made no later than 5 calendar days
nection is repaired or replaced or the after the leak is detected.
connection is unsealed. Inspection re- (ii) Repair shall be completed no
sults shall be submitted in the Periodic later than 15 calendar days after the
Report as specified in § 63.1285(e)(2)(iii). leak is detected.
(ii) For closed-vent system compo- (4) Delay of repair of a closed-vent
nents other than those specified in system for which leaks or defects have
paragraph (c)(2)(i) of this section, the been detected is allowed if the repair is
owner or operator shall: technically infeasible without a shut-
(A) Conduct an initial inspection ac- down, as defined in § 63.1271, or if the
cording to the procedures specified in owner or operator determines that
§ 63.1282(b) to demonstrate that the emissions resulting from immediate re-
closed-vent system operates with no pair would be greater than the fugitive
detectable emissions. Inspection re- emissions likely to result from delay of
sults shall be submitted with the Noti- repair. Repair of such equipment shall
fication of Compliance Status Report
be completed by the end of the next
as specified in § 63.1285(d)(1) or (2).
shutdown.
(B) Conduct annual inspections ac-
cording to the procedures specified in (5) Any parts of the closed-vent sys-
§ 63.1282(b) to demonstrate that the tem or cover that are designated, as de-
components or connections operate scribed in paragraphs (c)(5) (i) and (ii)
with no detectable emissions. Inspec- of this section, as unsafe to inspect are
tion results shall be submitted in the exempt from the inspection require-
Periodic Report as specified in ments of paragraphs (c)(2) (i) and (ii) of
§ 63.1285(e)(2)(iii). this section if:
(C) Conduct annual visual inspections (i) The owner or operator determines
for defects that could result in air that the equipment is unsafe to inspect
emissions. Defects include, but are not because inspecting personnel would be
limited to, visible cracks, holes, or exposed to an imminent or potential
gaps in ductwork; loose connections; or danger as a consequence of complying
broken or missing caps or other closure with paragraph (c)(2) (i) or (ii) of this
devices. Inspection results shall be subsection; and
mitted in the Periodic Report as speci- (ii) The owner or operator has a writ-
fied in § 63.1285(e)(2)(iii). ten plan that requires inspection of the
(iii) For each bypass device, except as equipment as frequently as practicable
provided for in § 63.1281(c)(3)(ii), the during safe-to-inspect times.
owner or operator shall either:
(6) Any parts of the closed-vent sys-
(A) At the inlet to the bypass device
that could divert the steam away from tem or cover that are designated, as de-
the control device to the atmosphere, scribed in paragraphs (c)(6) (i) and (ii)
set the flow indicator to take a reading of this section, as difficult to inspect
at least once every 15 minutes; or are exempt from the inspection re-
(B) If the bypass device valve in- quirements of paragraphs (c)(2) (i) and
stalled at the inlet to the bypass device (ii) of this section if:
252
(i) The owner or operator determines and quality control procedures alter-
that the equipment cannot be in- native to those specified in paragraphs
spected without elevating the inspect- (d)(1)(ii)(A) through (E) of this section
ing personnel more than 2 meters in your site-specific monitoring plan.
above a support surface; and (A) The performance criteria and de-
(ii) The owner or operator has a writ- sign specifications for the monitoring
ten plan that requires inspection of the system equipment, including the sam-
equipment at least once every 5 years. ple interface, detector signal analyzer,
(7) Records shall be maintained as and data acquisition and calculations;
specified in § 63.1284(b)(5) through (8). (B) Sampling interface (e.g., thermo-
(d) Control device monitoring require- couple) location such that the moni-
ments. (1) For each control device ex- toring system will provide representa-
cept as provided for in paragraph (d)(2) tive measurements;
of this section, the owner or operator
(C) Equipment performance checks,
shall install and operate a continuous
system accuracy audits, or other audit
parameter monitoring system in ac-
procedures;
cordance with the requirements of
paragraphs (d)(3) through (7) of this (D) Ongoing operation and mainte-
section. Owners or operators that in- nance procedures in accordance with
stall and operate a flare in accordance provisions in § 63.8(c)(1) and (c)(3); and
with § 63.1281(d)(1)(iii) or (f)(1)(iii) are (E) Ongoing reporting and record-
exempt from the requirements of para- keeping procedures in accordance with
graphs (d)(4) and (5) of this section. The provisions in § 63.10(c), (e)(1), and
continuous monitoring system shall be (e)(2)(i).
designed and operated so that a deter- (iii) The owner or operator must con-
mination can be made on whether the duct the CPMS equipment performance
control device is achieving the applica- checks, system accuracy audits, or
ble performance requirements of other audit procedures specified in the
§ 63.1281(d), (e)(3), or (f)(1). Each contin- site-specific monitoring plan at least
uous parameter monitoring system once every 12 months.
shall meet the following specifications (iv) The owner or operator must con-
and requirements: duct a performance evaluation of each
(i) Each continuous parameter moni- CPMS in accordance with the site-spe-
toring system shall measure data val- cific monitoring plan.
ues at least once every hour and record (2) An owner or operator is exempted
either: from the monitoring requirements
(A) Each measured data value; or specified in paragraphs (d)(3) through
(B) Each block average value for each (7) of this section for the following
1-hour period or shorter periods cal- types of control devices:
culated from all measured data values
(i) Except for control devices for
during each period. If values are meas-
small glycol dehydration units, a boiler
ured more frequently than once per
or process heater in which all vent
minute, a single value for each minute
streams are introduced with the pri-
may be used to calculate the hourly (or
mary fuel or are used as the primary
shorter period) block average instead
of all measured values. fuel;
(ii) A site-specific monitoring plan (ii) Except for control devices for
must be prepared that addresses the small glycol dehydration units, a boiler
monitoring system design, data collec- or process heater with a design heat
tion, and the quality assurance and input capacity equal to or greater than
quality control elements outlined in 44 megawatts.
paragraph (d) of this section and in (3) The owner or operator shall in-
§ 63.8(d). Each CPMS must be installed, stall, calibrate, operate, and maintain
calibrated, operated, and maintained in a device equipped with a continuous re-
accordance with the procedures in your corder to measure the values of oper-
approved site-specific monitoring plan. ating parameters appropriate for the
Using the process described in control device as specified in either

§ 63.8(f)(4), you may request approval of paragraph (d)(3)(i), (d)(3)(ii), or
monitoring system quality assurance (d)(3)(iii) of this section.
253
§ 63.1283 40 CFR Ch. I (7–1–16 Edition)
(i) A continuous monitoring system (1) A continuous parameter moni-

that measures the following operating toring system to measure and record
parameters as applicable: the average total regeneration stream
(A) For a thermal vapor incinerator mass flow or volumetric flow during
that demonstrates during the perform- each carbon bed regeneration cycle.
ance test conducted under § 63.1282(d) The integrating regenerating stream
that combustion zone temperature is flow monitoring device must have an
an accurate indicator of performance, a accuracy of ±10 percent; and
temperature monitoring device (2) A continuous parameter moni-
equipped with a continuous recorder. toring system to measure and record
The monitoring device shall have a the average carbon bed temperature for
minimum accuracy of ±2 percent of the the duration of the carbon bed steam-
temperature being monitored in °C, or ing cycle and to measure the actual
±2.5 °C, whichever value is greater. The carbon bed temperature after regenera-
temperature sensor shall be installed tion and within 15 minutes of com-
at a location representative of the pleting the cooling cycle. The tempera-
combustion zone temperature. ture monitoring device shall have a
(B) For a catalytic vapor incinerator, minimum accuracy of ±2 percent of the
a temperature monitoring device temperature being monitored in °C, or
equipped with a continuous recorder. ±2.5 °C, whichever value is greater.
The device shall be capable of moni- (G) For a nonregenerative-type car-
toring temperatures at two locations bon adsorption system, the owner or
and have a minimum accuracy of ±2 operator shall monitor the design car-
percent of the temperatures being mon- bon replacement interval established
itored in °C, or ±2.5 °C, whichever value using a performance test performed in
is greater. One temperature sensor accordance with § 63.1282(d)(3) and shall
shall be installed in the vent stream at be based on the total carbon working
the nearest feasible point to the cata- capacity of the control device and
lyst bed inlet and a second temperature source operating schedule.
sensor shall be installed in the vent (H) For a control device whose model
stream at the nearest feasible point to is tested under § 63.1282(g):
the catalyst bed outlet. (1) The owner or operator shall deter-
(C) For a flare, a heat sensing moni- mine actual average inlet waste gas
toring device equipped with a contin- flowrate using the model GRI–
uous recorder that indicates the con- GLYCalc TM, Version 3.0 or higher,
tinuous ignition of the pilot flame. ProMax, or AspenTech HYSYS. Inputs
(D) For a boiler or process heater, a to the models shall be representative of
temperature monitoring device actual operating conditions of the con-
equipped with a continuous recorder. trolled unit. The determination shall
The temperature monitoring device be performed to coincide with the visi-
shall have a minimum accuracy of ±2 ble emissions test under § 63.1282(h)(3);
percent of the temperature being mon- (2) A heat sensing monitoring device
itored in °C, or ±2.5 °C, whichever value equipped with a continuous recorder
is greater. The temperature sensor that indicates the continuous ignition
shall be installed at a location rep- of the pilot flame.
resentative of the combustion zone (ii) A continuous monitoring system
temperature. that measures the concentration level
(E) For a condenser, a temperature of organic compounds in the exhaust
monitoring device equipped with a con- vent stream from the control device
tinuous recorder. The temperature using an organic monitoring device
monitoring device shall have a min- equipped with a continuous recorder.
imum accuracy of ±2 percent of the The monitor must meet the require-
temperature being monitored in °C, or ments of Performance Specification 8
±2.5 °C, whichever value is greater. The or 9 of appendix B of 40 CFR part 60 and
temperature sensor shall be installed must be installed, calibrated, and
at a location in the exhaust vent maintained according to the manufac-
stream from the condenser. turer’s specifications.

(F) For a regenerative-type carbon (iii) A continuous monitoring system
adsorption system: that measures alternative operating
254
parameters other than those specified ance with the requirements of

in paragraph (d)(3)(i) or (d)(3)(ii) of this § 63.1282(d)(4) to demonstrate that the
section upon approval of the Adminis- control device achieves the applicable
trator as specified in § 63.8(f)(1) through performance requirements specified in
(5). § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then
(4) Using the data recorded by the the minimum operating parameter
monitoring system, except for inlet gas value or the maximum operating pa-
flowrate, the owner or operator must rameter value shall be established
calculate the daily average value for based on the condenser design analysis
each monitored operating parameter and may be supplemented by the con-
for each operating day. If the emissions denser manufacturer’s recommenda-
unit operation is continuous, the oper- tions.
ating day is a 24-hour period. If the (C) If the owner or operator operates
emissions unit operation is not contin- a control device where the performance
uous, the operating day is the total test requirement was met under
number of hours of control device oper- § 63.1282(g) to demonstrate that the
ation per 24-hour period. Valid data control device achieves the applicable
points must be available for 75 percent performance requirements specified in
of the operating hours in an operating § 63.1281(d)(1), (e)(3)(ii) or (f)(1), then the
day to compute the daily average. maximum inlet gas flowrate shall be
(5) For each operating parameter established based on the performance
monitored in accordance with the retest and supplemented, as necessary,
quirements of paragraph (d)(3) of this by the manufacturer recommendations.
section, the owner or operator shall (ii) The owner or operator shall es-
comply with paragraph (d)(5)(i) of this tablish a condenser performance curve
section for all control devices, and showing the relationship between con-
when condensers are installed, the denser outlet temperature and con-
owner or operator shall also comply denser control efficiency. The curve
with paragraph (d)(5)(ii) of this section shall be established as follows:
for condensers. (A) If the owner or operator conducts
(i) The owner or operator shall estab- a performance test in accordance with
lish a minimum operating parameter the requirements of § 63.1282(d)(3) to
value or a maximum operating param- demonstrate that the condenser
eter value, as appropriate for the con- achieves the applicable performance re-
trol device, to define the conditions at quirements in § 63.1281(d)(1), (e)(3)(ii),
which the control device must be oper- or (f)(1), then the condenser perform-
ated to continuously achieve the appli- ance curve shall be based on values
cable performance requirements of measured during the performance test
§ 63.1281(d)(1), (e)(3)(ii), or (f)(1). Each and supplemented as necessary by con-
minimum or maximum operating pa- trol device design analysis, or control
rameter value shall be established as device manufacturer’s recommenda-
follows: tions, or a combination or both.
(A) If the owner or operator conducts (B) If the owner or operator uses a
performance tests in accordance with control device design analysis in ac-
the requirements of § 63.1282(d)(3) to cordance with the requirements of
demonstrate that the control device § 63.1282(d)(4)(i) to demonstrate that the
achieves the applicable performance re- condenser achieves the applicable per-
quirements specified in § 63.1281(d)(1), formance requirements specified in
(e)(3)(ii), or (f)(1), then the minimum § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then
operating parameter value or the max- the condenser performance curve shall
imum operating parameter value shall be based on the condenser design anal-
be established based on values meas- ysis and may be supplemented by the
ured during the performance test and control device manufacturer’s rec-
supplemented, as necessary, by a con- ommendations.
denser design analysis or control de- (C) As an alternative to paragraph
vice manufacturer’s recommendations (d)(5)(ii)(B) of this section, the owner
or a combination of both. or operator may elect to use the proce-

(B) If the owner or operator uses a dures documented in the GRI report
condenser design analysis in accord- entitled, ‘‘Atmospheric Rich/Lean
255
§ 63.1284 40 CFR Ch. I (7–1–16 Edition)
Method for Determining Glycol Dehy- (B) For each bypass line subject to
drator Emissions’’ (GRI–95/0368.1) as in- § 63.1281(c)(3)(i)(B), if the seal or closure
puts for the model GRI–GLYCalc TM, mechanism has been broken, the by-
Version 3.0 or higher, to generate a pass line valve position has changed,
condenser performance curve. the key for the lock-and-key type lock
(6) An excursion for a given control has been checked out, or the car-seal
device is determined to have occurred has broken.
when the monitoring data or lack of (v) For control device whose model is
monitoring data result in any one of tested under § 63.1282(g) an excursion
the criteria specified in paragraphs occurs when:
(d)(6)(i) through (d)(6)(v) of this section (A) The inlet gas flowrate exceeds the
being met. When multiple operating maximum established during the test
parameters are monitored for the same conducted under § 63.1282(g).
control device and during the same op- (B) Failure of the quarterly visible
erating day, and more than one of emissions test conducted under
these operating parameters meets an § 63.1282(h)(3) occurs.
excursion criterion specified in para- (7) For each excursion, the owner or
graphs (d)(6)(i) through (d)(6)(v) of this operator shall be deemed to have failed
section, then a single excursion is de- to have applied control in a manner
termined to have occurred for the con- that achieves the required operating
trol device for that operating day. parameter limits. Failure to achieve
(i) An excursion occurs when the the required operating parameter lim-
daily average value of a monitored op- its is a violation of this standard.
erating parameter is less than the min- (8) [Reserved]
imum operating parameter limit (or, if (9) Nothing in paragraphs (d)(1)
applicable, greater than the maximum through (d)(8) of this section shall be
operating parameter limit) established construed to allow or excuse a moni-
for the operating parameter in accord- toring parameter excursion caused by
ance with the requirements of para- any activity that violates other appli-
graph (d)(5)(i) of this section. cable provisions of this subpart.
(ii) For sources meeting
§ 63.1281(d)(1)(ii), an excursion occurs [64 FR 32648, June 17, 1999, as amended at 66
when average condenser efficiency cal- FR 34557, June 29, 2001; 68 FR 37357, June 23,
culated according to the requirements 2003; 71 FR 20459, Apr. 20, 2006; 77 FR 49594,
specified in § 63.1282(f)(2)(iii) is less Aug. 16, 2012]
than 95.0 percent, as specified in
§ 63.1284 Recordkeeping requirements.
§ 63.1282(f)(3). For sources meeting
§ 63.1281(f)(1), an excursion occurs when (a) The recordkeeping provisions of
the 30-day average condenser efficiency subpart A of this part, that apply and
calculated according to the require- those that do not apply to owners and
ments of § 63.1282(f)(2)(iii) is less than operators of facilities subject to this
the identified 30-day required percent subpart are listed in Table 2 of this
reduction. subpart.
(iii) An excursion occurs when the (b) Except as specified in paragraphs
monitoring data are not available for (c) and (d) of this section, each owner
at least 75 percent of the operating or operator of a facility subject to this
hours in a day. subpart shall maintain the records
(iv) If the closed-vent system con- specified in paragraphs (b)(1) through
tains one or more bypass devices that (b)(10) of this section:
could be used to divert all or a portion (1) The owner or operator of an af-
of the gases, vapors, or fumes from en- fected source subject to the provisions
tering the control device, an excursion of this subpart shall maintain files of
occurs when: all information (including all reports
(A) For each bypass line subject to and notifications) required by this sub-
§ 63.1281(c)(3)(i)(A) the flow indicator part. The files shall be retained for at
indicates that flow has been detected least 5 years following the date of each
and that the stream has been diverted occurrence, measurement, mainte-
away from the control device to the at- nance, corrective action, report or pe-
mosphere. riod.
256
(i) All applicable records shall be specified in § 63.1283(d)(4) of this sub-

maintained in such a manner that they part, except as specified in paragraphs
can be readily accessed. (b)(4)(ii)(A) through (C) of this section.
(ii) The most recent 12 months of (A) For flares, the records required in
records shall be retained on site or paragraph (e) of this section.
shall be accessible from a central loca- (B) For condensers installed to com-
tion by computer or other means that ply with § 63.1275, records of the annual
provides access within 2 hours after a 30-day rolling average condenser effi-
request. ciency determined under § 63.1282(f)
(iii) The remaining 4 years of records shall be kept in addition to the daily
may be retained offsite. averages.
(iv) Records may be maintained in (C) For a control device whose model
hard copy or computer-readable form is tested under § 63.1282(g), the records
including, but not limited to, on paper, required in paragraph (g) of this sec-
microfilm, computer, floppy disk, mag- tion.
netic tape, or microfiche. (iii) Hourly records of the times and
(2) Records specified in § 63.10(b)(2); durations of all periods when the vent
(3) Records specified in § 63.10(c) for stream is diverted from the control de-
each monitoring system operated by vice or the device is not operating.
the owner or operator in accordance (iv) Where a seal or closure mecha-
with the requirements of § 63.1283(d). nism is used to comply with
Notwithstanding the previous sen- § 63.1281(c)(3)(i)(B), hourly records of
tence, monitoring data recorded during flow are not required. In such cases,
periods identified in paragraphs the owner or operator shall record that
(b)(3)(i) through (iv) of this section the monthly visual inspection of the
shall not be included in any average or seals or closure mechanism has been
percent leak rate computed under this done, and shall record the duration of
subpart. Records shall be kept of the all periods when the seal mechanism is
times and durations of all such periods broken, the bypass line valve position
and any other periods during process or has changed, or the key for a lock-and-
control device operation when mon- key type lock has been checked out,
itors are not operating or failed to col- and records of any car-seal that has
lect required data. broken.
(i) Monitoring system breakdowns, (5) Records identifying all parts of
repairs, calibration checks, and zero the closed-vent system that are des-
(low-level) and high-level adjustments; ignated as unsafe to inspect in accord-
(ii) [Reserved] ance with § 63.1283(c)(5), an explanation
(iii) Periods of non-operation result- of why the equipment is unsafe to in-
ing in cessation of the emissions to spect, and the plan for inspecting the
which the monitoring applies; and equipment.
(iv) Excursions due to invalid data as (6) Records identifying all parts of
defined in § 63.1283(d)(6)(iii). the closed-vent system that are des-
(4) Each owner or operator using a ignated as difficult to inspect in ac-
control device to comply with § 63.1274 cordance with § 63.1283(c)(6), an expla-
shall keep the following records up-to- nation of why the equipment is dif-
date and readily accessible: ficult to inspect, and the plan for in-
(i) Continuous records of the equip- specting the equipment.
ment operating parameters specified to (7) For each inspection conducted in
be monitored under § 63.1283(d) or speci- accordance with § 63.1283(c), during
fied by the Administrator in accord- which a leak or defect is detected, a
ance with § 63.1283(d)(3)(iii). For flares, record of the information specified in
the hourly records and records of pilot paragraphs (b)(7)(i) through (b)(7)(viii)
flame outages specified in paragraph of this section.
(e) of this section shall be maintained (i) The instrument identification
in place of continuous records. numbers, operator name or initials,
(ii) Records of the daily average and identification of the equipment.
value of each continuously monitored (ii) The date the leak or defect was
parameter for each operating day de- detected and the date of the first at-
termined according to the procedures tempt to repair the leak or defect.
257
§ 63.1284 40 CFR Ch. I (7–1–16 Edition)
(iii) Maximum instrument reading this section, as appropriate, for each

measured by the method specified in glycol dehydration unit that is not
§ 63.1282(b) after the leak or defect is controlled according to the require-
successfully repaired or determined to ments of § 63.1274(c).
be nonrepairable. (1) The actual annual average natural
(iv) ‘‘Repair delayed’’ and the reason gas throughput (in terms of natural gas
for the delay if a leak or defect is not flowrate to the glycol dehydration unit
repaired within 15 calendar days after per day), as determined in accordance
discovery of the leak or defect. with § 63.1282(a)(1); or
(v) The name, initials, or other form
(2) The actual average benzene emis-
of identification of the owner or oper-
sions (in terms of benzene emissions
ator (or designee) whose decision it was
that repair could not be effected with- per year), as determined in accordance
out a shutdown. with § 63.1282(a)(2).
(vi) The expected date of successful (e) Record the following when using a
repair of the leak or defect if a leak or flare to comply with § 63.1281(d):
defect is not repaired within 15 cal- (1) Flare design (i.e., steam-assisted,
endar days. air-assisted, or non-assisted);
(vii) Dates of shutdowns that occur (2) All visible emission readings, heat
while the equipment is unrepaired. content determinations, flowrate
(viii) The date of successful repair of measurements, and exit velocity deter-
the leak or defect. minations made during the compliance
(ix) Records identifying the carbon determination required by
replacement schedule under § 63.1282(d)(2); and
§ 63.1281(d)(5) and records of each car- (3) All hourly records and other re-
bon replacement. corded periods when the pilot flame is
(8) For each inspection conducted in absent.
accordance with § 63.1283(c) during
(f) The owner or operator of an af-
which no leaks or defects are detected,
fected source subject to this subpart
a record that the inspection was per-
formed, the date of the inspection, and shall maintain records of the occur-
a statement that no leaks or defects rence and duration of each malfunction
were detected. of operation (i.e., process equipment) or
(9) Records of glycol dehydration the air pollution control equipment
unit baseline operations calculated as and monitoring equipment. The owner
required under § 63.1281(e)(1). or operator shall maintain records of
(10) Records required in actions taken during periods of mal-
§ 63.1281(e)(3)(i) documenting that the function to minimize emissions in ac-
facility continues to operate under the cordance with § 63.1274(h), including
conditions specified in § 63.1281(e)(2). corrective actions to restore malfunc-
(c) An owner or operator that elects tioning process and air pollution con-
to comply with the benzene emission trol and monitoring equipment to its
limit specified in § 63.1275(b)(1)(ii) shall normal or usual manner of operation.
document, to the Administrator’s sat- (g) Record the following when using a
isfaction, the following items: control device whose model is tested
(1) The method used for achieving under § 63.1282(g) to comply with
compliance and the basis for using this § 63.1281(d), (e)(3)(ii) and (f)(1):
compliance method; and (1) All visible emission readings and
(2) The method used for dem- flowrate calculations made during the
onstrating compliance with 0.90
compliance determination required by
megagrams per year of benzene.
§ 63.1282(h); and
(3) Any information necessary to
demonstrate compliance as required in (2) All hourly records and other re-
the methods specified in paragraphs corded periods when the pilot flame is
(c)(1) and (c)(2) of this section. absent.
(d) An owner or operator that is ex- (h) The date the semi-annual mainte-
empt from control requirements under nance inspection required under

§ 63.1274(d) shall maintain the records § 63.1283(b) is performed. Include a list
specified in paragraph (d)(1) or (d)(2) of of any modifications or repairs made to
258
the control device during the inspec- evaluation is not required if it is in-
tion and other maintenance performed cluded in the initial notification sub-
such as cleaning of the fuel nozzles. mitted in accordance with paragraph
(b)(1) of this section.
FR 34558, June 29, 2001; 77 FR 49595, Aug. 16, (3) The planned date of a performance
2012] test at least 60 days before the test in
accordance with § 63.7(b). Unless re-
§ 63.1285 Reporting requirements. quested by the Administrator, a site-
(a) The reporting provisions of sub- specific test plan is not required by
part A, of this part that apply and this subpart. If requested by the Ad-
those that do not apply to owners and ministrator, the owner or operator
operators of facilities subject to this must also submit the site-specific test
subpart are listed in Table 2 of this plan required by § 63.7(c) with the noti-
subpart. fication of the performance test. A sep-
(b) Each owner or operator of a facil- arate notification of the performance
ity subject to this subpart shall submit test is not required if it is included in
the information listed in paragraphs the initial notification submitted in
(b)(1) through (b)(6) of this section, ex- accordance with paragraph (b)(1) of
cept as provided in paragraph (b)(7) of this section.
this section. (4) A Notification of Compliance Sta-
(1) The initial notifications required tus Report as described in paragraph
for existing affected sources under (d) of this section;
§ 63.9(b)(2) shall be submitted as pro- (5) Periodic Reports as described in
vided in paragraphs (b)(1)(i) and (ii) of paragraph (e) of this section; and
this section. (6) If there was a malfunction during
(i) Except as otherwise provided in the reporting period, the Periodic Re-
paragraph (b)(1)(ii) of this section, the port specified in paragraph (e) of this
initial notification shall be submitted section shall include the number, dura-
by 1 year after an affected source be- tion, and a brief description for each
comes subject to the provisions of this type of malfunction which occurred
subpart or by June 17, 2000, whichever during the reporting period and which
is later. Affected sources that are caused or may have caused any appli-
major sources on or before June 17, 2000 cable emission limitation to be exceed-
and plan to be area sources by June 17, ed. The report must also include a de-
2002 shall include in this notification a scription of actions taken by an owner
brief, nonbinding description of a or operator during a malfunction of an
schedule for the action(s) that are affected source to minimize emissions
planned to achieve area source status. in accordance with § 63.1274(h), includ-
(ii) An affected source identified ing actions taken to correct a malfunc-
under § 63.1270(d)(3) shall submit an inition.
tial notification required for existing (7) [Reserved]
affected sources under § 63.9(b)(2) with- (c) [Reserved]
in 1 year after the affected source be- (d) Each owner or operator of a
comes subject to the provisions of this source subject to this subpart shall
subpart or by October 15, 2013, which- submit a Notification of Compliance
ever is later. An affected source identi- Status Report as required under
fied under § 63.1270(d)(3) that plans to be § 63.9(h) within 180 days after the com-
an area source by October 15, 2015, shall pliance date specified in § 63.1270(d). In
include in this notification a brief, addition to the information required
nonbinding description of a schedule under § 63.9(h), the Notification of Com-
for the action(s) that are planned to pliance Status Report shall include the
achieve area source status. information specified in paragraphs
(2) The date of the performance eval- (d)(1) through (12) of this section. This
uation as specified in § 63.8(e)(2), re- information may be submitted in an
quired only if the owner or operator is operating permit application, in an
requested by the Administrator to con- amendment to an operating permit ap-
duct a performance evaluation for a plication, in a separate submittal, or in

continuous monitoring system. A sepa- any combination of the three. If all of
rate notification of the performance the information required under this
259
§ 63.1285 40 CFR Ch. I (7–1–16 Edition)
paragraph have been submitted at any (iii) The results of the closed-vent
time prior to 180 days after the applica- system initial inspections performed
ble compliance dates specified in according to the requirements in
§ 63.1270(d), a separate Notification of § 63.1283(c)(2)(i) and (ii).
Compliance Status Report is not re- (2) If a closed-vent system and a flare
quired. If an owner or operator submits are used to comply with § 63.1274, the
the information specified in paragraphs owner or operator shall submit per-
(d)(1) through (12) of this section at dif- formance test results including the in-
ferent times, and/or different submit- formation in paragraphs (d)(2)(i) and
tals, subsequent submittals may refer (ii) of this section. The owner or oper-
to previous submittals instead of dupli- ator shall also submit the information
cating and resubmitting the previously in paragraph (d)(2)(iii) of this section.
submitted information. (i) All visible emission readings, heat
(1) If a closed-vent system and a con- content determinations, flowrate
trol device other than a flare are used measurements, and exit velocity deter-
to comply with § 63.1274, the owner or minations made during the compliance
operator shall submit the information determination required by § 63.1282(d)(2)
in paragraph (d)(1)(iii) of this section of this subpart, and
and the information in either para-
(ii) A statement of whether a flame
graph (d)(1)(i) or (ii) of this section.
was present at the pilot light over the
(i) The condenser design analysis doc-
full period of the compliance deter-
umentation specified in § 63.1282(d)(4) of
mination.
this subpart if the owner or operator
(iii) The results of the closed-vent
elects to prepare a design analysis; or
system initial inspections performed
(ii) If the owner or operator is re-
according to the requirements in
quired to conduct a performance test,
§ 63.1283(c)(2)(i) and (ii).
the performance test results including
the information specified in paragraphs (3) The owner or operator shall sub-
(d)(1)(ii)(A) and (B) of this section. Re- mit one complete test report for each
sults of a performance test conducted test method used for a particular
prior to the compliance date of this source.
subpart can be used provided that the (i) For additional tests performed
test was conducted using the methods using the same test method, the results
specified in § 63.1282(d)(3), and that the specified in paragraph (d)(1)(ii) of this
test conditions are representative of section shall be submitted, but a com-
current operating conditions. If the plete test report is not required.
owner or operator operates a combus- (ii) A complete test report shall in-
tion control device model tested under clude a sampling site description, de-
§ 63.1282(g), an electronic copy of the scription of sampling and analysis pro-
performance test results shall be sub- cedures and any modifications to
mitted via email to standard procedures, quality assurance
OillandlGaslPT@EPA.GOV unless procedures, record of operating condi-
the test results for that model of com- tions during the test, record of prepa-
bustion control device are posted at ration of standards, record of calibra-
the following Web site: epa.gov/ tions, raw data sheets for field sam-
airquality/oilandgas/. pling, raw data sheets for field and lab-
(A) The percent reduction of HAP or oratory analyses, documentation of
TOC, or the outlet concentration of calculations, and any other informa-
HAP or TOC (parts per million by vol- tion required by the test method.
ume on a dry basis), determined as (4) For each control device other
specified in § 63.1282(d)(3) of this sub- than a flare used to meet the require-
part; and ments of § 63.1274, the owner or oper-
(B) The value of the monitored pa- ator shall submit the information spec-
rameters specified in § 63.1283(d) of this ified in paragraphs (d)(4)(i) through (iv)
subpart, or a site-specific parameter of this section for each operating pa-
approved by the permitting agency, rameter required to be monitored in

averaged over the full period of the accordance with the requirements of
performance test. § 63.1283(d).
260
(i) The minimum operating param- using the maximum throughput cal-
eter value or maximum operating pa- culated according to § 63.1270(a).
rameter value, as appropriate for the (9) The owner or operator shall sub-
control device, established by the mit a statement as to whether the
owner or operator to define the condi- source has complied with the require-
tions at which the control device must ments of this subpart.
be operated to continuously achieve (10) The owner or operator shall sub-
the applicable performance require- mit the analysis prepared under
ments of § 63.1281(d)(1) or (e)(3)(ii). § 63.1281(e)(2) to demonstrate that the
(ii) An explanation of the rationale conditions by which the facility will be
for why the owner or operator selected operated to achieve the HAP emission
each of the operating parameter values reduction of 95.0 percent, or the BTEX
established in § 63.1283(d)(5) of this sub- limit in § 63.1275(b)(1)(iii) through proc-
part. This explanation shall include ess modifications or a combination of
any data and calculations used to de- process modifications and one or more
velop the value, and a description of control devices.
why the chosen value indicates that (11) If the owner or operator installs
the control device is operating in ac- a combustion control device model
cordance with the applicable require- tested under the procedures in
ments of § 63.1281(d)(1), (e)(3)(ii), or § 63.1282(g), the data listed under
(f)(1). § 63.1282(g)(8).
(iii) A definition of the source’s oper- (12) For each combustion control de-
ating day for purposes of determining vice model tested under § 63.1282(g), the
daily average values of monitored pa- information listed in paragraphs
rameters. The definition shall specify (d)(12)(i) through (vi) of this section.
the times at which an operating day (i) Name, address and telephone num-
begins and ends. ber of the control device manufacturer.
(iv) For each carbon adsorber, the
(ii) Control device model number.
predetermined carbon replacement
(iii) Control device serial number.
schedule as required in § 63.1281(d)(5)(i).
(5) Results of any continuous moni- (iv) Date the model of control device
toring system performance evaluations was tested by the manufacturer.
shall be included in the Notification of (v) Manufacturer’s HAP destruction
Compliance Status Report. efficiency rating.
(6) After a title V permit has been (vi) Control device operating param-
issued to the owner or operator of an eters, maximum allowable inlet gas
affected source, the owner or operator flowrate.
of such source shall comply with all re- (e) Periodic Reports. An owner or oper-
quirements for compliance status re- ator shall prepare Periodic Reports in
ports contained in the source’s title V accordance with paragraphs (e)(1) and
permit, including reports required (2) of this section and submit them to
under this subpart. After a title V per- the Administrator.
mit has been issued to the owner or op- (1) An owner or operator shall submit
erator of an affected source, and each Periodic Reports semiannually begin-
time a notification of compliance sta- ning 60 calendar days after the end of
tus is required under this subpart, the the applicable reporting period. The
owner or operator of such source shall first report shall be submitted no later
submit the notification of compliance than 240 days after the date the Notifi-
status to the appropriate permitting cation of Compliance Status Report is
authority following completion of the due and shall cover the 6-month period
relevant compliance demonstration ac- beginning on the date the Notification
tivity specified in this subpart. of Compliance Status Report is due.
(7) The owner or operator that elects (2) The owner or operator shall in-
to comply with the requirements of clude the information specified in para-
§ 63.1275(b)(1)(ii) shall submit the graphs (e)(2)(i) through (xiii) of this
records required under § 63.1284(c). section, as applicable.
(8) The owner or operator shall sub- (i) The information required under
mit an analysis demonstrating whether § 63.10(e)(3). For the purposes of this
an affected source is a major source subpart and the information required
261
§ 63.1285 40 CFR Ch. I (7–1–16 Edition)
under § 63.10(e)(3), excursions (as de- when the vent stream is diverted from
fined in § 63.1283(d)(6)) shall be consid- the control device through a bypass
ered excess emissions. line. For each closed-vent system with
(ii) A description of all excursions as a bypass line subject to
defined in § 63.1283(d)(6) of this subpart § 63.1281(c)(3)(i)(B), records required
that have occurred during the 6-month under § 63.1284(b)(4)(iv) of all periods in
reporting period. which the seal or closure mechanism is
(A) For each excursion caused when broken, the bypass valve position has
the daily average value of a monitored changed, or the key to unlock the by-
operating parameter is less than the pass line valve was checked out.
minimum operating parameter limit (v) If an owner or operator elects to
(or, if applicable, greater than the max- comply with § 63.1275(b)(1)(ii), the
imum operating parameter limit), as records required under § 63.1284(c)(3).
specified in § 63.1283(d)(6)(i), the report (vi) The information in paragraphs
must include the daily average values (e)(2)(vi)(A) and (B) of this section shall
of the monitored parameter, the appli- be stated in the Periodic Report, when
cable operating parameter limit, and applicable.
the date and duration of the period (A) No excursions.
that the excursion occurred. (B) No continuous monitoring system
(B) For each excursion caused when has been inoperative, out of control, re-
the 30-day average condenser control paired, or adjusted.
efficiency is less than the value, as (vii) Any change in compliance meth-
specified in § 63.1283(d)(6)(ii), the report ods as specified in § 63.1282(e).
must include the 30-day average values (viii) If the owner or operator elects
of the condenser control efficiency, and to comply with § 63.1275(c)(2), the
the date and duration of the period records required under § 63.1284(b)(10).
that the excursion occurred. (ix) For flares, the records specified
(C) For each excursion caused by lack in § 63.1284(e).
of monitoring data, as specified in (x) The results of any periodic test as
§ 63.1283(d)(6)(iii), the report must in- required in § 63.1282(d)(3) conducted dur-
clude the date and duration of period ing the reporting period.
when the monitoring data were not col- (xi) For each carbon adsorber used to
lected and the reason why the data meet the control device requirements
were not collected. of § 63.1281(d)(1), records of each carbon
(D) For each excursion caused when replacement that occurred during the
the maximum inlet gas flowrate identi- reporting period.
fied under § 63.1282(g) is exceeded, the (xii) For combustion control device
report must include the values of the inspections conducted in accordance
inlet gas identified and the date and with § 63.1283(b) the records specified in
duration of the period that the excur- § 63.1284(h).
sion occurred. (xiii) Certification by a responsible
(E) For each excursion caused when official of truth, accuracy, and com-
visible emissions determined under pleteness. This certification shall state
§ 63.1282(h) exceed the maximum allow- that, based on information and belief
able duration, the report must include formed after reasonable inquiry, the
the date and duration of the period statements and information in the doc-
that the excursion occurred, repairs af- ument are true, accurate, and com-
fected to the unit, and date the unit plete.
was returned to service. (f) Notification of process change.
(iii) For each inspection conducted in Whenever a process change is made, or
accordance with § 63.1283(c) during a change in any of the information sub-
which a leak or defect is detected, the mitted in the Notification of Compli-
records specified in § 63.1284(b)(7) must ance Status Report, the owner or oper-
be included in the next Periodic Re- ator shall submit a report within 180
port. days after the process change is made
(iv) For each closed-vent system with or as a part of the next Periodic Report
a bypass line subject to as required under paragraph (e) of this

§ 63.1281(c)(3)(i)(A), records required section, whichever is sooner. The re-
under § 63.1284(b)(4)(iii) of all periods port shall include:
262
(1) A brief description of the process paragraph (g)(1) of this section must be
change; sent to the Administrator at the appro-
(2) A description of any modification priate address listed in § 63.13. The Ad-
to standard procedures or quality as- ministrator or the delegated authority
surance procedures; may request a report in any form suit-
(3) Revisions to any of the informa- able for the specific case (e.g., by com-
tion reported in the original Notifica- monly used electronic media such as
tion of Compliance Status Report Excel spreadsheet, on CD or hard copy).
under paragraph (d) of this section; and The Administrator retains the right to
(4) Information required by the Noti- require submittal of reports subject to
fication of Compliance Status Report paragraph (g)(1) of this section in paper
under paragraph (d) of this section for format.
changes involving the addition of proc- [64 FR 32648, June 17, 1999, as amended at 66
esses or equipment. FR 34558, June 29, 2001; 77 FR 49596, Aug. 16,
(g) Electronic reporting. (1) Within 60 2012]
days after the date of completing each
performance test (defined in § 63.2) as § 63.1286 Implementation and enforce-
required by this subpart you must sub- ment.
mit the results of the performance (a) This subpart can be implemented
tests required by this subpart to EPA’s and enforced by the U.S. EPA, or a del-
WebFIRE database by using the Com- egated authority such as the applicable
pliance and Emissions Data Reporting State, local, or Tribal agency. If the
Interface (CEDRI) that is accessed U.S. EPA Administrator has delegated
through EPA’s Central Data Exchange authority to a State, local, or Tribal
(CDX)(www.epa.gov/cdx). Performance agency, then that agency, in addition
test data must be submitted in the file to the U.S. EPA, has the authority to
format generated through use of EPA’s implement and enforce this subpart.
Electronic Reporting Tool (ERT) (see Contact the applicable U.S. EPA Re-
http://www.epa.gov/ttn/chief/ert/ gional Office to find out if this subpart
index.html). Only data collected using is delegated to a State, local, or Tribal
test methods on the ERT Web site are agency.
subject to this requirement for submit- (b) In delegating implementation and
ting reports electronically to enforcement authority of this subpart
WebFIRE. Owners or operators who to a State, local, or Tribal agency
claim that some of the information under subpart E of this part, the au-
being submitted for performance tests thorities contained in paragraph (c) of
is confidential business information this section are retained by the Admin-
(CBI) must submit a complete ERT file istrator of U.S. EPA and cannot be
including information claimed to be transferred to the State, local, or Trib-
CBI on a compact disk or other com- al agency.
monly used electronic storage media (c) The authorities that cannot be
(including, but not limited to, flash delegated to State, local, or Tribal
drives) to EPA. The electronic media agencies are as specified in paragraphs
must be clearly marked as CBI and (c)(1) through (4) of this section.
mailed to U.S. EPA/OAPQS/CORE CBI (1) Approval of alternatives to the re-
Office, Attention: WebFIRE Adminis- quirements in §§ 63.1270, 63.1274 through
trator, MD C404–02, 4930 Old Page Rd., 63.1275, 63.1281, and 63.1287.
Durham, NC 27703. The same ERT file (2) Approval of major alternatives to
with the CBI omitted must be sub- test methods under § 63.7(e)(2)(ii) and
mitted to EPA via CDX as described (f), as defined in § 63.90, and as required
earlier in this paragraph. At the discre- in this subpart.
tion of the delegated authority, you (3) Approval of major alternatives to
must also submit these reports, includ- monitoring under § 63.8(f), as defined in
ing the confidential business informa- § 63.90, and as required in this subpart.
tion, to the delegated authority in the (4) Approval of major alternatives to
format specified by the delegated au- recordkeeping and reporting under
thority. § 63.10(f), as defined in § 63.90, and as re-

(2) All reports required by this sub- quired in this subpart.
part not subject to the requirements in [68 FR 37357, June 23, 2003]
263
§ 63.1287 40 CFR Ch. I (7–1–16 Edition)
§ 63.1287 Alternative means of emis- achieves equivalent emission reduc-

sion limitation. tions.
(a) If, in the judgment of the Admin- [64 FR 32648, June 17, 1999, as amended at 77
istrator, an alternative means of emis- FR 49597, Aug. 16, 2012]
sion limitation will achieve a reduc-
§§ 63.1288–63.1289 [Reserved]
tion in HAP emissions at least equiva-
lent to the reduction in HAP emissions APPENDIX: TABLE 1 TO SUBPART HHH OF
from that source achieved under the PART 63—LIST OF HAZARDOUS AIR
applicable requirements in §§ 63.1274 POLLUTANTS (HAP) FOR SUBPART
through 63.1281, the Administrator will HHH
publish a notice in the FEDERAL REG-
CAS Num-
ISTER permitting the use of the alter- ber a Chemical name
native means for purposes of compli-
75070 ........ Acetaldehyde
ance with that requirement. The notice 71432 ........ Benzene (includes benzene in gasoline)
may condition the permission on re- 75150 ........ Carbon disulfide
quirements related to the operation 463581 ...... Carbonyl sulfide
100414 ...... Ethyl benzene
and maintenance of the alternative 107211 ...... Ethylene glycol
means. 75050 ........ Acetaldehyde
(b) Any notice under paragraph (a) of 50000 ........ Formaldehyde
110543 ...... n-Hexane
this section shall be published only 91203 ........ Naphthalene
after public notice and an opportunity 108883 ...... Toluene
for a hearing. 540841 ...... 2,2,4-Trimethylpentane
1330207 .... Xylenes (isomers and mixture)
(c) Any person seeking permission to 95476 ........ o-Xylene
use an alternative means of compliance 108383 ...... m-Xylene
under this section shall collect, verify, 106423 ...... p-Xylene
and submit to the Administrator infor- a CAS numbers refer to the Chemical Abstracts Services
registry number assigned to specific compounds, isomers, or
mation showing that this means mixtures of compounds.
APPENDIX: TABLE 2 TO SUBPART HHH OF PART 63—APPLICABILITY OF 40 CFR PART

63 GENERAL PROVISIONS TO SUBPART HHH
General provisions Applicable to subpart Explanation
reference HHH
§ 63.1(a)(1) ................................... Yes.

§ 63.1(a)(2) ................................... Yes.
§ 63.1(a)(3) ................................... Yes.
§ 63.1(a)(4) ................................... Yes.
§ 63.1(a)(5) ................................... No .............................. Section reserved.
§ 63.1(a)(6) through (a)(8) ............ Yes.
§ 63.1(a)(10) ................................. Yes.
§ 63.1(a)(11) ................................. Yes.
§ 63.1(a)(12) ................................. Yes.
§ 63.1(b)(1) ................................... No .............................. Subpart HHH specifies applicability.
§ 63.1(b)(2) ................................... Yes.
§ 63.1(b)(3) ................................... No.
§ 63.1(c)(1) ................................... No .............................. Subpart HHH specifies applicability.
§ 63.1(c)(2) ................................... No.
§ 63.1(c)(3) ................................... No .............................. Section reserved.
§ 63.1(c)(4) ................................... Yes.
§ 63.1(c)(5) ................................... Yes.
§ 63.1(d) ........................................ No .............................. Section reserved.
§ 63.1(e) ........................................ Yes.
§ 63.2 ............................................ Yes ............................ Except definition of major source is unique for this source category
and there are additional definitions in subpart HHH.
§ 63.3(a) through (c) ..................... Yes.
§ 63.4(a)(1) ................................... Yes.
§ 63.4(a)(2) ................................... Yes.

§ 63.4(b) ........................................ Yes.
§ 63.4(c) ........................................ Yes.
264
Environmental Protection Agency Pt. 63, Subpt. HHH, Table 2

reference HHH
§ 63.5(a)(1) ................................... Yes.

§ 63.5(a)(2) ................................... No .............................. Preconstruction review required only for major sources that com-
mence construction after promulgation of the standard.
§ 63.5(b)(1) ................................... Yes.
§ 63.5(b)(2) ................................... No .............................. Section reserved.
§ 63.5(b)(3) ................................... Yes.
§ 63.5(b)(4) ................................... Yes.
§ 63.5(b)(6) ................................... Yes.
§ 63.5(c) ........................................ No .............................. Section reserved.
§ 63.5(d)(1) ................................... Yes.
§ 63.5(d)(2) ................................... Yes.
§ 63.5(d)(3) ................................... Yes.
§ 63.5(d)(4) ................................... Yes.
§ 63.5(e) ........................................ Yes.
§ 63.5(f)(1) .................................... Yes.
§ 63.5(f)(2) .................................... Yes.
§ 63.6(a) ........................................ Yes.
§ 63.6(b)(1) ................................... Yes.
§ 63.6(b)(2) ................................... Yes.
§ 63.6(b)(3) ................................... Yes.
§ 63.6(b)(4) ................................... Yes.
§ 63.6(b)(5) ................................... Yes.
§ 63.6(b)(7) ................................... Yes.
§ 63.6(c)(1) ................................... Yes.
§ 63.6(c)(2) ................................... Yes.
§ 63.6(c)(3) and (c)(4) .................. No .............................. Section reserved.
§ 63.6(c)(5) ................................... Yes.
§ 63.6(d) ........................................ No .............................. Section reserved.
§ 63.6(e) ........................................ Yes.
§ 63.6(e) ........................................ Yes ............................ Except as otherwise specified.
§ 63.6(e)(1)(i) ................................ No .............................. See § 63.1274(h) for general duty requirement.
§ 63.6(e)(1)(ii) ............................... No.
§ 63.6(e)(1)(iii) .............................. Yes.
§ 63.6(e)(2) ................................... No .............................. Section reserved.
§ 63.6(e)(3) ................................... No.
§ 63.6(f)(1) .................................... No.
§ 63.6(f)(2) .................................... Yes.
§ 63.6(f)(3) .................................... Yes.
§ 63.6(g) ........................................ Yes.
§ 63.6(h)(1) ................................... No.
§ 63.6(h)(2) ................................... Yes.
§ 63.6(h)(3) ................................... No .............................. Section reserved.
§ 63.6(h)(4) through (h)(9) ............ Yes.
§ 63.6(i)(1) through (i)(14) ............ Yes.
§ 63.6(i)(15) .................................. No .............................. Section reserved.
§ 63.6(i)(16) .................................. Yes.
§ 63.6(j) ......................................... Yes.
§ 63.7(a)(1) ................................... Yes.
§ 63.7(a)(2) ................................... Yes ............................ But the performance test results must be submitted within 180 days
after the compliance date.
§ 63.7(a)(3) ................................... Yes.
§ 63.7(a)(4) ................................... Yes.
§ 63.7(b) ........................................ Yes.
§ 63.7(c) ........................................ Yes.
§ 63.7(d) ........................................ Yes.
§ 63.7(e)(1) ................................... No.
§ 63.7(e)(2) ................................... Yes.
§ 63.7(e)(3) ................................... Yes.
§ 63.7(e)(4) ................................... Yes.
§ 63.7(f) ......................................... Yes.
§ 63.7(g) ........................................ Yes.
§ 63.7(h) ........................................ Yes.
§ 63.8(a)(1) ................................... Yes.
§ 63.8(a)(2) ................................... Yes.
§ 63.8(a)(4) ................................... Yes.
§ 63.8(b)(1) ................................... Yes.
§ 63.8(b)(2) ................................... Yes.

§ 63.8(b)(3) ................................... Yes.
§ 63.8(c)(1) ................................... Yes.
§ 63.8(c)(1)(i) ................................ No.
265
Pt. 63, Subpt. HHH, Table 2 40 CFR Ch. I (7–1–16 Edition)

reference HHH
§ 63.8(c)(1)(ii) ............................... Yes.

§ 63.8(c)(1)(iii) ............................... No.
§ 63.8(c)(2) ................................... Yes.
§ 63.8(c)(3) ................................... Yes.
§ 63.8(c)(4) ................................... No.
§ 63.8(c)(5) through (c)(8) ............ Yes.
§ 63.8(d)(1) ................................... Yes.
§ 63.8(d)(2) ................................... Yes.
§ 63.8(d)(3) ................................... Yes ............................ Except for last sentence, which refers to an SSM plan. SSM plans
are not required.
§ 63.8(e) ........................................ Yes ............................ Subpart HHH does not specifically require continuous emissions
monitor performance evaluations, however, the Administrator can
request that one be conducted.
§ 63.8(f)(1) through (f)(5) .............. Yes.
§ 63.8(f)(6) .................................... No .............................. Subpart HHH does not require continuous emissions monitoring.
§ 63.8(g) ........................................ No .............................. Subpart HHH specifies continuous monitoring system data reduc-
tion requirements.
§ 63.9(a) ........................................ Yes.
§ 63.9(b)(1) ................................... Yes.
§ 63.9(b)(2) ................................... Yes ............................ Existing sources are given 1 year (rather than 120 days) to submit
this notification.
§ 63.9(b)(4) ................................... Yes.
§ 63.9(b)(5) ................................... Yes.
§ 63.9(c) ........................................ Yes.
§ 63.9(d) ........................................ Yes.
§ 63.9(e) ........................................ Yes.
§ 63.9(f) ......................................... Yes.
§ 63.9(g) ........................................ Yes.
§ 63.9(h)(1) through (h)(3) ............ Yes.
§ 63.9(h)(4) ................................... No .............................. Section reserved.
§ 63.9(h)(5) and (h)(6) .................. Yes.
§ 63.9(i) ......................................... Yes.
§ 63.9(j) ......................................... Yes.
§ 63.10(a) ...................................... Yes.
§ 63.10(b)(1) ................................. Yes ............................ Section 63.1284(b)(1) requires sources to maintain the most recent
12 months of data on-site and allows offsite storage for the re-
maining 4 years of data.
§ 63.10(b)(2) ................................. Yes.
§ 63.10(b)(2)(i) .............................. No.
§ 63.10(b)(2)(ii) ............................. No .............................. See § 63.1284(f) for recordkeeping of (1) occurrence and duration
and (2) actions taken during malfunction.
§ 63.10(b)(2)(iii) ............................ Yes.
§ 63.10(b)(2)(iv) through (b)(2)(v) No.
§ 63.10(b)(2)(vi) through Yes.
(b)(2)(xiv).
§ 63.10(b)(3) ................................. No.
§ 63.10(c)(1) ................................. Yes.
§ 63.10(c)(2) through (c)(4) .......... No .............................. Sections reserved.
§ 63.10(c)(5) through (c)(8) .......... Yes.
§ 63.10(c)(9) ................................. No .............................. Section reserved.
§ 63.10(c)(10) through (c)(11) ...... No .............................. See § 63.1284(f) for recordkeeping of malfunctions.
§ 63.10(c)(12) through (c)(14) ...... Yes.
§ 63.10(c)(15) ............................... No.
§ 63.10(d)(1) ................................. Yes.
§ 63.10(d)(2) ................................. Yes.
§ 63.10(d)(3) ................................. Yes.
§ 63.10(d)(4) ................................. Yes.
§ 63.10(d)(5) ................................. No .............................. See § 63.1285(b)(6) for reporting of malfunctions.
§ 63.10(e)(1) ................................. Yes.
§ 63.10(e)(2) ................................. Yes.
§ 63.10(e)(3)(i) .............................. Yes ............................ Subpart HHH requires major sources to submit Periodic Reports
semi-annually.
§ 63.10(e)(3)(i)(A) ......................... Yes.
§ 63.10(e)(3)(i)(B) ......................... Yes.
§ 63.10(e)(3)(i)(C) ......................... No .............................. Section reserved.
§ 63.10(e)(3)(i)(D) ......................... Yes.
§ 63.10(e)(3)(ii) through (e)(3)(viii) Yes.
§ 63.10(f) ...................................... Yes.
§ 63.11(a) through (e) .................. Yes.

§ 63.12(a) through (c) ................... Yes.
§ 63.13(a) through (c) ................... Yes.
§ 63.14(a) through (q) .................. Yes.
266

reference HHH
§ 63.15(a) and (b) ......................... Yes.
[77 FR 49597, Aug. 16, 2012]
Subpart III—National Emission during periods of non-operation of the

Standards for Hazardous Air affected source (or specific portion
Pollutants for Flexible Poly- thereof) in which the lines are drained
and depressurized resulting in ces-
urethane Foam Production sation of the emissions to which the
equipment leak requirements apply.
SOURCE: 63 FR 53996, Oct. 7, 1998, unless
(3) The owner or operator shall not
otherwise noted.
shut down items of equipment that are
§ 63.1290 Applicability. required or utilized for compliance
with this subpart during times when
(a) The provisions of this subpart
emissions are being routed to such
apply to each new and existing flexible
polyurethane foam or rebond foam items of equipment if the shutdown
process that meets the criteria listed would contravene requirements of this
in paragraphs (a)(1) through (3) of this subpart applicable to such items of
section. equipment.
(1) Produces flexible polyurethane or (4) General duty. At all times, the
rebond foam; owner or operator shall operate and
(2) Emits a HAP, except as provided maintain any affected source, includ-
in paragraph (c)(2) of this section; and ing associated air pollution control
(3) Is located at a plant site that is a equipment and monitoring equipment,
major source, as defined in § 63.2 of sub- in a manner consistent with safety and
part A. good air pollution control practices for
(b) For the purpose of this subpart, minimizing emissions. The general
an affected source includes all proc- duty to minimize emissions does not
esses meeting the criteria in para- require the owner or operator to make
graphs (a)(1) through (a)(3) of this sec- any further efforts to reduce emissions
tion that are located at a contiguous if levels required by the applicable
plant site, with the exception of those standard have been achieved. Deter-
processes listed in paragraph (c) of this mination of whether a source is oper-
section. ating in compliance with operation and
(c) A process meeting one of the fol- maintenance requirements will be
lowing criteria listed in paragraphs based on information available to the
(c)(1) and (2) of this section shall not be Administrator, which may include, but
subject to the provisions of this sub- is not limited to, monitoring results,
part: review of operation and maintenance
(1) A process exclusively dedicated to procedures, review of operation and
the fabrication of flexible polyurethane maintenance records, and inspection of
foam; or the source.
(2) A research and development proc-
ess. [63 FR 53996, Oct. 7, 1998, as amended at 79 FR
(d) Applicability of this subpart. (1) The 48086, Aug. 15, 2014]
emission limitations set forth in this
§ 63.1291 Compliance schedule.
subpart and the emission limitations
referred to in this subpart shall apply (a) Existing affected sources shall be
at all times except during periods of in compliance with all provisions of
non-operation of the affected source (or this subpart no later than October 8,
specific portion thereof) resulting in 2001, with the exception of § 63.1297. Af-
cessation of the emissions to which fected sources subject to the require-
this subpart applies. ments of § 63.1297 shall be in compliance

(2) Equipment leak requirements of with the requirements of this section
§ 63.1294 shall apply at all times except on or before November 13, 2014.
267
§ 63.1292 40 CFR Ch. I (7–1–16 Edition)
(b) New or reconstructed affected Connector means flanged, screwed, or

sources shall be in compliance with all other joined fittings used to connect
provisions of this subpart upon initial two pipe lines or a pipe line and a piece
startup. of equipment. A common connector is a
flange. Joined fittings welded com-
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR
48087, Aug. 15, 2014]
pletely around the circumference of
the interface are not considered to be
§ 63.1292 Definitions. connectors for the purposes of this sub-
part.
All terms used in this subpart shall Cured foam means flexible poly-
have the meaning given them in the urethane foam with fully developed
Act, in subpart A of this part, and in physical properties. A period of 12 to 24
this section. If a term is defined in sub- hours from pour is typically required
part A and in this section, it shall have to completely cure foam, although me-
the meaning given in this section for chanical or other devices are some-
purposes of this subpart. times used to accelerate the curing
Auxiliary blowing agent, or ABA, process.
means a low-boiling point liquid added Curing area means the area in a
to assist foaming by generating gas be- slabstock foam production facility
yond that resulting from the where foam buns are allowed to fully
isocyanate-water reaction. develop physical properties.
Breakthrough means that point in the Diaphragm pump means a pump where
adsorption step when the mass transfer the driving member is a flexible dia-
zone (i.e., the section of the carbon bed phragm made of metal, rubber, or plas-
where the HAP is removed from the tic. In a diaphragm pump, there is no
carrier gas stream) first reaches the packing or seals that are exposed to
carbon bed outlet as the mass transfer the process liquid.
zone moves down the bed in the direc- Diisocyanate means a compound con-
tion of flow. The breakthrough point is taining two isocyanate groups per mol-
characterized by the beginning of a ecule. The most common diisocyanate
sharp increase in the outlet HAP or or- compounds used in the flexible poly-
ganic compound concentration. urethane foam industry are toluene
Calibrate means to verify the accu- diisocyanate (TDI) and methylene di-
racy of a measurement device against a phenyl diisocyanate (MDI).
known standard. For the purpose of Flexible polyurethane foam means a
this subpart, there are two levels of flexible cellular polymer containing
calibration. The initial calibration in- urea and carbamate linkages in the
cludes the verification of the accuracy chain backbone produced by reacting a
of the device over the entire operating diisocyanate, polyol, and water. Flexi-
range of the device. Subsequent cali- ble polyurethane foams are open-
brations can be conducted for a point celled, permit the passage of air
or several points in a limited range of through the foam, and possess the
operation that represents the most strength and flexibility to allow re-
common operation of the device. peated distortion or compression under
Canned motor pump means a pump stress with essentially complete recov-
with interconnected cavity housings, ery upon removal of the stress.
motor rotors, and pump casing. In a Flexible polyurethane foam process
canned motor pump, the motor bear- means the equipment used to produce a
ings run in the process liquid and all flexible polyurethane foam product.
seals are eliminated. For the purpose of this subpart, the
Carbon adsorption system means a sys- flexible polyurethane foam process in-
tem consisting of a tank or container cludes raw material storage; produc-
that contains a specific quantity of action equipment and associated piping,
tivated carbon. For the purposes of this ductwork, etc.; and curing and storage
subaprt, a carbon adsorption system is areas.
used as a control device for storage Foam fabrication process means an op-
vessels. Typically, the spent carbon bed eration for cutting or bonding flexible
does not undergo regeneration, but is polyurethane foam pieces together or
replaced. to other substrates.
268
Grade of foam means foam with a dis- Rebond foam means the foam result-
tinct combination of indentation force ing from a process of adhering small
deflection (IFD) and density values. particles of foam (usually scrap or re-
HAP ABA means methylene chloride, cycled foam) together to make a usable
or any other HAP compound used as an cushioning product. Various adhesives
auxiliary blowing agent. and bonding processes are used. A typ-
HAP-based means to contain 5 per- ical application for rebond foam is for
cent (by weight) or more of HAP. This carpet underlay.
applies to equipment cleaners, mixhead Rebond foam process means the equip-
flushes, mold release agents and ABA. ment used to produce a rebond foam
In diisocyanate service means a piece product. For the purpose of this sub-
of equipment that contains or contacts part, the rebond foam process includes
a diisocyanate. raw material storage; production
Initial startup means the first time a equipment and associated piping, duct-
new or reconstructed affected source work, etc.; and curing and storage
begins production of flexible poly- areas.
urethane foam. Reconstructed source means an af-
Isocyanate means a reactive chemical fected source undergoing reconstruc-
grouping composed of a nitrogen atom tion, as defined in subpart A of this
bonded to a carbon atom bonded to an part. For the purposes of this subpart,
oxygen atom; or a chemical compound, process modifications made to stop
usually organic, containing one or using HAP ABA or HAP-based ABA to
more isocyanate groups. meet the requirements of this subpart
Magnetic drive pump means a pump shall not be counted in determining
where an externally-mounted magnet whether or not a change or replace-
coupled to the pump motor drives the ment meets the definition of recon-
impeller in the pump casing. In a mag- struction.
netic drive pump, no seals contact the
Research and development process
process fluid.
means a laboratory or pilot plant oper-
Metering pump means a pump used to
ation whose primary purpose is to con-
deliver reactants, ABA, or additives to
the mixhead. duct research and development into
Mixhead means a device that mixes new processes and products, where the
two or more component streams before operations are under the close super-
dispensing foam producing mixture to vision of technically trained personnel,
the desired container. and which is not engaged in the manu-
Molded flexible polyurethane foam facture of products for commercial sale
means a flexible polyurethane foam except in a de minimis manner.
that is produced by shooting the foam Sealless pump means a canned-motor
mixture into a mold of the desired pump, diaphragm pump, or magnetic
shape and size. drive pump, as defined in this section.
Mold release agent means any mate- Slabstock flexible polyurethane foam
rial which, when applied to the mold means flexible polyurethane foam that
surface, serves to prevent sticking of is produced in large continuous buns
the foam part to the mold. that are then cut into the desired size
Plant site means all contiguous or ad- and shape.
joining property that is under common Slabstock flexible polyurethane foam
control, including properties that are production line includes all portions of
separated only by a road or other pub- the flexible polyurethane foam process
lic right-of-way. Common control in- from the mixhead to the point in the
cludes properties that are owned, process where the foam is completely
leased, or otherwise operated by the cured.
same entity, parent entity, subsidiary, Storage vessel means a tank or other
or any combination thereof. vessel that is used to store
Polyol, for the purpose of this sub- diisocyanates for use in the production
part, means a polyether or polyester of flexible polyurethane foam. Storage
polymer with more than one reactive vessels do not include vessels with ca-
hydroxyl group attached to the mol- pacities smaller than 38 cubic meters
ecule. (or 10,000 gallons).
269
§ 63.1293 40 CFR Ch. I (7–1–16 Edition)
Transfer pump means all pumps used (2) The pump shall be a submerged
to transport diisocyanates that are not pump system meeting the require-
metering pumps. ments in paragraphs (b)(2)(i) through
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR
(iii) of this section.
48087, Aug. 15, 2014] (i) The pump shall be completely im-
mersed in bis(2-ethylhexyl)phthalate
§ 63.1293 Standards for slabstock flexi- (DEHP, CAS #118–81–7),
ble polyurethane foam production. 2(methyloctyl)phthalate (DINP, CAS
Each owner or operator of a new or #68515–48–0), or another neutral oil.
existing slabstock affected source shall (ii) The pump shall be visually mon-
comply with §§ 63.1294, 63.1297, and itored weekly to detect leaks,
63.1298. (iii) When a leak is detected, it shall
be repaired in accordance with the pro-
[79 FR 48087, Aug. 15, 2014]
cedures in paragraphs (b)(2)(iii)(A) and
§ 63.1294 Standards for slabstock flexi- (B) of this section, except as provided
ble polyurethane foam production— in paragraph (d) of this section.
diisocyanate emissions. (A) The leak shall be repaired as soon
Each new and existing slabstock af- as practicable, but not later than 15
fected source shall comply with the calendar days after it is detected.
provisions of this section. (B) A first attempt at repair shall be
(a) Diisocyanate storage vessels. made no later than 5 calendar days
Diisocyanate storage vessels shall be after the leak is detected. First at-
equipped with either a system meeting tempts at repair include, but are not
the requirements in paragraph (a)(1) of limited to, the following practices
this section, or a carbon adsorption where practicable:
system meeting the requirements of (1) Tightening of packing gland nuts.
paragraph (a)(2) of this section. (2) Ensuring that the seal flush is op-
(1) The storage vessel shall be erating at design pressure and tem-
equipped with a vapor return line from perature.
the storage vessel to the tank truck or (c) Other components in diisocyanate
rail car that is connected during un- service. If evidence of a leak is found by
loading. visual, audible, or an instrumental de-
(i) During each unloading event, the tection method, it shall be repaired as
vapor return line shall be inspected for soon as practicable, but not later than
leaks by visual, audible, or an instru- 15 calendar days after it is detected, ex-
mental detection method. cept as provided in paragraph (d) of
(ii) When a leak is detected, it shall this section. The first attempt at re-
be repaired as soon as practicable, but pair shall be made no later than 5 cal-
not later than the subsequent unload- endar days after each leak is detected.
ing event.
(d) Delay of repair. (1) Delay of repair
(2) The storage vessel shall be
of equipment for which leaks have been
equipped with a carbon adsorption sys-
detected is allowed for equipment that
tem, meeting the monitoring require-
ments of § 63.1303(a), that routes dis- is isolated from the process and that
placed vapors through activated carbon does not remain in diisocyanate serv-
before being discharged to the atmos- ice.
phere. The owner or operator shall re- (2) Delay of repair for valves and con-
place the existing carbon with fresh nectors is also allowed if:
carbon upon indication of break- (i) The owner or operator determines
through before the next unloading that diisocyanate emissions of purged
event. material resulting from immediate re-
(b) Transfer pumps in diisocyanate pair are greater than the fugitive emis-
service. Each transfer pump in sions likely to result from delay of re-
diisocyanate service shall meet the repair, and
quirements of paragraph (b)(1) or (b)(2) (ii) The purged material is collected
of this section. and destroyed or recovered in a control

(1) The pump shall be a sealless device when repair procedures are ef-
pump; or fected, and
270
(iii) Repair is completed as soon as § 63.1301 Standards for rebond foam

practicable, but not later than 6 production.
months after the leak was detected. Each owner or operator of a new or
(3) Delay of repair for pumps is also existing rebond foam affected source
allowed if repair requires replacing the shall comply with the provisions in
existing seal design with a sealless paragraphs (a) and (b) of this section.
pump, and repair is completed as soon (a) A HAP or HAP-based material
as practicable, but not later than 6 shall not be used as an equipment
months after the leak was detected. cleaner at a rebond foam source.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR (b) A HAP-based mold release agent
48087, Aug. 15, 2014] shall not be used in a rebond foam
source.
§§ 63.1295—63.1296 [Reserved]
§ 63.1302 Applicability of subpart A re-
§ 63.1297 Standards for slabstock flexi- quirements.
ble polyurethane foam production— The owner or operator of an affected
HAP ABA. source shall comply with the applica-
Each owner or operator of a new or ble requirements of subpart A of this
existing slabstock affected source shall part, as specified in Table 1 of this sub-
not use HAP or a HAP-based material part.
as an ABA. [79 FR 48087, Aug. 15, 2014]
[79 FR 48087, Aug. 15, 2014]
§ 63.1303 Monitoring requirements.
§ 63.1298 Standards for slabstock flexi- Owners and operators of affected
ble polyurethane foam production— sources shall comply with each appli-
HAP emissions from equipment cable monitoring provision in this sec-
cleaning. tion.
Each owner or operator of a new or (a) Monitoring requirements for storage
existing slabstock affected source shall vessel carbon adsorption systems. Each
not use HAP or a HAP-based material owner or operator using a carbon ad-
as an equipment cleaner. sorption system to meet the require-
ments of § 63.1294(a) shall monitor the
[79 FR 48087, Aug. 15, 2014] concentration level of the HAP or the
organic compounds in the exhaust vent
§ 63.1299 [Reserved] stream (or outlet stream exhaust) from
§ 63.1300 Standards for molded flexible the carbon adsorption system at the
polyurethane foam production. frequency specified in paragraph (a)(1)
or (2) of this section.
Each owner or operator of a new or (1) The concentration level of HAP or
existing molded affected source shall organic compounds shall be monitored
comply with the provisions in para- during each unloading event, or once
graphs (a) and (b) of this section. per month during an unloading event if
(a) A HAP or HAP-based material multiple unloading events occur in a
shall not be used as an equipment month.
cleaner to flush the mixhead, nor shall (2) As an alternative to monthly
it be used elsewhere as an equipment monitoring, the owner or operator can
cleaner in a molded flexible poly- set the monitoring frequency at an in-
urethane foam process, with the fol- terval no greater than 20 percent of the
lowing exception. Diisocyanates may carbon replacement interval, which is
be used to flush the mixhead and asso- established using a design analysis de-
ciated piping during periods of startup scribed below in paragraphs (a)(1)(i)
or maintenance, provided that the through (iii) of this section.
diisocyanate compounds are contained (i) The design analysis shall consider
in a closed-loop system and are re-used the vent stream composition, con-
in production. stituent concentration, flow rate, rel-
(b) A HAP-based mold release agent ative humidity, and temperature.

shall not be used in a molded flexible (ii) The design analysis shall estab-
polyurethane foam source process. lish the outlet organic concentration
271
§ 63.1304 40 CFR Ch. I (7–1–16 Edition)
level, the capacity of the carbon bed, § 63.1306 Reporting requirements.

and the working capacity of activated
Owners and operators of affected
carbon used for the carbon bed, and sources shall comply with each appli-
(iii) The design analysis shall estab- cable reporting provision in this sec-
lish the carbon replacement interval tion.
based on the total carbon working ca- (a) Initial notification. Each affected
pacity of the carbon adsorption system source shall submit an initial notifica-
and the schedule for filling the storage tion in accordance with § 63.9(b).
vessel. (b) Application for approval of con-
(b) Each owner or operator using a struction or reconstruction. Each owner
carbon adsorption system to meet the or operator shall submit an application
requirements of § 63.1294(a) shall mon- for approval of construction or recon-
itor the concentration level of total or- struction in accordance with the provi-
ganic compounds in the exhaust vent sions of § 63.5(d).
stream (or outlet stream exhaust) from (c) Notification of compliance status.
the carbon adsorption system using 40 Each affected source shall submit a no-
CFR part 60, Appendix A, Method 25A, tification of compliance status report
reported as propane. The measurement no later than 180 days after the compli-
shall be conducted over at least one 5- ance date. For slabstock affected
minute interval during which the stor- sources, this report shall contain the
age vessel is being filled. information listed in paragraphs (c)(1)
through (3) of this section, as applica-
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR ble. This report shall contain the infor-
48087, Aug. 15, 2014] mation listed in paragraph (c)(4) of this
section for molded foam processes and
§ 63.1304 [Reserved] in paragraph (c)(5) of this section for
rebond foam processes.
§ 63.1305 Alternative means of emis-
sion limitation. (1) A list of diisocyanate storage ves-
sels, along with a record of the type of
An owner or operator of an affected control utilized for each storage vessel.
source may request approval to use an (2) For transfer pumps in
alternative means of emission limita- diisocyanate service, a record of the
tion, following the procedures in this type of control utilized for each trans-
section. fer pump.
(a) The owner or operator can request (3) A statement that the slabstock
approval to use an alternative means of foam affected source is in compliance
emission limitation in the with §§ 63.1297 and 63.1298, or a state-
precompliance report for existing ment that slabstock foam processes at
sources, the application for construc- an affected source are in compliance
tion or reconstruction for new sources, with §§ 63.1297 and 63.1298.
or at any time. (4) A statement that the molded foam
(b) This request shall include a com- affected source is in compliance with
plete description of the alternative § 63.1300, or a statement that molded
means of emission limitation. foam processes at an affected source
are in compliance with § 63.1300.
(c) Each owner or operator applying
for permission to use an alternative (5) A statement that the rebond foam
affected source is in compliance with
means of emission limitation under
§ 63.1301, or that rebond processes at an
§ 63.6(g) shall be responsible for col-
affected source are in compliance with
lecting and verifying data to dem- § 63.1301.
onstrate the emission reduction (d) Semiannual reports. Each slabstock
achieved by the alternative means of affected source shall submit a report
emission limitation. containing the information specified in
(d) Use of the alternative means of paragraphs (d)(1) through (3) of this
emission limitation shall not begin section semiannually no later than 60
until approval is granted by the Ad- days after the end of each 180 day pe-
ministrator in accordance with riod. The first report shall be sub-
§ 63.6(g). mitted no later than 240 days after the
272
date that the Notification of Compli- (g) Within 60 days after the date of
ance Status is due and shall cover the completing each performance test (as
6-month period beginning on the date defined in § 63.2) required by this sub-
that the Notification of Compliance part, you shall submit the results of
Status Report is due. the performance tests, including any
(1) For sources complying with the associated fuel analyses, following the
storage vessel provisions of § 63.1294(a) procedure specified in either paragraph
using a carbon adsorption system, un- (g)(1) or (g)(2) of this section.
loading events that occurred after (1) For data collected using test
breakthrough was detected and before methods supported by the EPA’s Elec-
the carbon was replaced. tronic Reporting Tool (ERT) as listed
(2) Any equipment leaks that were on the EPA’s ERT Web site (http://
not repaired in accordance with www.epa.gov/ttn/chief/ert/index.html),,
§§ 63.1294(b)(2)(iii) and 63.1294(c). the owner or operator shall submit the
(3) Any leaks in vapor return lines results of the performance test to the
that were not repaired in accordance EPA via the Compliance and Emissions
with § 63.1294(a)(1)(ii). Data Reporting Interface (CEDRI),
(e) Annual compliance certifications. (CEDRI can be accessed through the
Each affected source subject to the pro- EPA’s Central Data Exchange (CDX)
visions in §§ 63.1293 through 63.1301 shall (http://cdx.epa.gov/epalhome.asp). Per-
submit a compliance certification an- formance test data shall be submitted
nually. in a file format generated through the
(1) The compliance certification shall use of the EPA’s ERT. Alternatively,
be based on information consistent the owner or operator may submit per-
with that contained in § 63.1308, as ap- formance test data in an electronic file
plicable. format consistent with the extensible
(2) A compliance certification re- markup language (XML) schema listed
quired pursuant to a state or local op- on the EPA’s ERT Web site, once the
erating permit program may be used to XML schema is available. Owners or
satisfy the requirements of this sec- operators, who claim that some of the
tion, provided that the compliance cer- information being submitted for per-
tification is based on information conformance tests is confidential business
sistent with that contained in § 63.1308, information (CBI), shall submit a com-
and provided that the Administrator plete file generated through the use of
has approved the state or local oper- the EPA’s ERT or an alternate elec-
ating permit program under part 70 of tronic file consistent with the XML
this chapter. schema listed on the EPA’s ERT Web
(3) Each compliance certification site, including information claimed to
submitted pursuant to this section be CBI, on a compact disk, flash drive
shall be signed by a responsible official or other commonly used electronic
of the company that owns or operates storage media to the EPA. The elec-
the affected source. tronic media shall be clearly marked
(f) Malfunction reports. If a source as CBI and mailed to U.S. EPA/OAQPS/
fails to meet an applicable standard, CORE CBI Office, Attention: WebFIRE
slabstock affected sources shall report Administrator, MD C404–02, 4930 Old
such events in the next semiannual re- Page Rd., Durham, NC 27703. The same
port and molded and rebond affected ERT or alternate file with the CBI
sources shall report such events in the omitted shall be submitted to the EPA
next annual compliance certification. via the EPA’s CDX as described earlier
Report the number of failures to meet in this paragraph.
an applicable standard. For each in- (2) For data collected using test
stance, report the date, time and dura- methods that are not supported by the
tion of each failure. For each failure, EPA’s ERT as listed on the EPA’s ERT
the report shall include a list of the af- Web site, the owner or operator shall
fected sources or equipment, an esti- submit the results of the performance
mate of the volume of each regulated test to the Administrator at the appro-
pollutant emitted over any emission priate address listed in § 63.13.

limit, and a description of the method [63 FR 53996, Oct. 7, 1998, as amended at 79 FR
used to estimate the emissions. 48088, Aug. 15, 2014]
273
§ 63.1307 40 CFR Ch. I (7–1–16 Edition)
§ 63.1307 Recordkeeping requirements. (B) The identification on equipment

The applicable records designated in may be removed after it has been re-
paragraphs (a) through (c) of this sec- paired.
tion shall be maintained by owners and (ii) The information in paragraphs
operators of all affected sources. (b)(2)(ii)(A) through (G) shall be re-
(a) Storage vessel records. (1) A list of corded for leaking components.
diisocyanate storage vessels, along (A) The operator identification num-
with a record of the type of control uti- ber and the equipment identification
lized for each storage vessel. number.
(2) For storage vessels complying (B) The date the leak was detected
through the use of a carbon adsorption and the dates of each attempt to repair
system, paragraphs (a)(2)(i) or (ii), and the leak.
paragraph (a)(2)(iii) of this section. (C) Repair methods applied in each
(i) Records of dates and times when attempt to repair the leak.
the carbon adsorption system is mon- (D) The words ‘‘repair delayed’’ and
itored for carbon breakthrough and the the reason for the delay if a leak is not
monitoring device reading, when the repaired within 15 calendar days after
device is monitored in accordance with discovery of the leak.
§ 63.1303(a); or (E) The expected date of the success-
(ii) For affected sources monitoring ful repair of the leak if a leak is not re-
at an interval no greater than 20 per- paired within 15 calendar days.
cent of the carbon replacement inter- (F) The date of successful repair of
val, in accordance with § 63.1303(a)(2), the leak.
the records listed in paragraphs (G) The date the identification is re-
(a)(2)(ii)(A) and (B) of this section. moved.
(iii) Date when the existing carbon in (c) The owner or operator of an af-
the carbon adsorption system is re- fected source subject to § 63.1297 shall
placed with fresh carbon. maintain a product data sheet for each
(3) For storage vessels complying ABA used which includes the HAP con-
through the use of a vapor return line, tent, in kg of HAP/kg solids (lb HAP/lb
paragraphs (a)(3)(i) through (iii) of this solids).
section. (d) The owner or operator of an af-
(i) Dates and times when each un- fected source subject to § 63.1298 of this
loading event occurs and each inspec- subpart shall maintain a product data
tion of the vapor return line for leaks sheet for each equipment cleaner used
occurs. which includes the HAP content, in kg
(ii) Records of dates and times when of HAP/kg solids (lb HAP/lb solids).
a leak is detected in the vapor return (e) The owner or operator of an af-
line. fected source following the compliance
(iii) Records of dates and times when methods in § 63.1308(b)(1) shall maintain
a leak is repaired. records of each use of a vapor return
(b) Equipment leak records. (1) A list of line during unloading, of any leaks de-
components in diisocyanate service. tected during unloading, and of repairs
(2) For transfer pumps in of leaks detected during unloading.
diisocyanate service, a record of the (f) The owner or operator of an af-
type of control utilized for each trans- fected source subject to § 63.1300 or
fer pump and the date of installation. § 63.1301 of this subpart shall maintain
(3) When a leak is detected as speci- a product data sheet for each com-
fied in §§ 63.1294(b)(2)(ii) and 63.1294(c), pound other than diisocyanates used to
the requirements listed in paragraphs flush the mixhead and associated pip-
(b)(3)(i) and (ii) of this section apply: ing during periods of startup or main-
(i) Leaking equipment shall be iden- tenance, which includes the HAP con-
tified in accordance with the require- tent, in kg of HAP/kg solids (lb HAP/lb
ments in paragraphs (b)(3)(i)(A) and (B) solids), of each solvent other than
of this section. diisocyanates used to flush the
(A) A readily visible identification, mixhead and associated piping during
marked with the equipment identifica- periods of startup or maintenance.

tion number, shall be attached to the (g) The owner or operator of an af-
leaking equipment. fected source subject to § 63.1300 or
274
§ 63.1301 of this subpart shall maintain equipped with a vapor return line from
a product data sheet for each mold re- the storage vessel to the tank truck or
lease agent used that includes the HAP rail car, each unloading event that oc-
content, in kg of HAP/kg solids (lb curs when the vapor line is not con-
HAP/lb solids), of each mold release nected, each unloading event that the
agent. vapor line is not inspected for leaks as
(h) Malfunction records. Records shall described in § 63.1294(a)(1)(i), each un-
be kept as specified in paragraphs (h)(1) loading event that occurs after a leak
through (3) of this section for affected has been detected and not repaired, and
sources. Records are not required for each calendar day after a leak is de-
emission points that do not require tected, but not repaired as soon as
control under this subpart. practicable;
(1) In the event that an affected unit (2) For each affected source com-
fails to meet an applicable standard, plying with § 63.1294(a) in accordance
record the number of failures. For each with § 63.1294(a)(2), each unloading
failure, record the date, time and dura- event that the diisocyanate storage
tion of the failure. vessel is not equipped with a carbon ad-
(2) For each failure to meet an appli- sorption system, each unloading event
cable standard, record and retain a list (or each month if more than one un-
of the affected sources or equipment, loading event occurs in a month) that
an estimate of the volume of each regu- the carbon adsorption system is not
lated pollutant emitted over any emis- monitored for breakthrough in accord-
sion limit and a description of the ance with § 63.1303(a)(3) or (4), and each
method used to estimate the emissions. unloading event that occurs when the
(3) Record actions taken to minimize carbon is not replaced after an indica-
emissions in accordance with tion of breakthrough;
§ 63.1290(d) and any corrective actions (3) For each affected source com-
taken to return the affected unit to its plying with § 63.1294(a) in accordance
normal or usual manner of operation. with § 63.1294(a)(2) through the alter-
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR native monitoring procedures in
48088, Aug. 15, 2014] § 63.1303(a)(2), each unloading event
that the diisocyanate storage vessel is
§ 63.1308 Compliance demonstrations. not equipped with a carbon adsorption
(a) For each affected source, compli- system, each time that the carbon ad-
ance with the requirements described sorption system is not monitored for
in Tables 2 and 3 of this subpart shall breakthrough in accordance with
mean compliance with the require- § 63.1303(b)(1) or (2) at the interval es-
ments contained in §§ 63.1293 through tablished in the design analysis, and
63.1301, absent any credible evidence to each unloading event that occurs when
the contrary. the carbon is not replaced after an in-
(1) The requirements described in Ta- dication of breakthrough;
bles 3, 4, and 5 of this subpart; and (4) For each affected source com-
(2) The requirement to submit a complying with § 63.1294(b) in accordance
pliance certification annually as re- with § 63.1294(b)(1), each calendar day
quired under § 63.1306(g). that a transfer pump in diisocyanate
(b) All slabstock affected sources. For service is not a sealless pump;
slabstock affected sources, failure to (5) For each affected source com-
meet the requirements contained in plying with § 63.1294(b) in accordance
§ 63.1294 shall be considered a violation with § 63.1294(b)(2), each calendar day
of this subpart. Violation of each item that a transfer pump in diisocyanate
listed in the paragraphs (b)(1) through service is not submerged as described
(b)(6) of this section, as applicable, in § 63.1294(b)(2)(i), each week that the
shall be considered a separate viola- pump is not visually monitored for
tion. leaks, each calendar day after 5 cal-
(1) For each affected source com- endar days after detection of a leak
plying with § 63.1294(a) in accordance that a first attempt at repair has not
with § 63.1294(a)(1), each unloading been made in accordance with

event that occurs when the § 63.1294(b)(2)(iii)(B), and the earlier of
diisocyanate storage vessel is not each calendar day after 15 calendar
275
§ 63.1309 40 CFR Ch. I (7–1–16 Edition)
days after detection of a leak that a HAP-base material is used as a mold

leak is not repaired, or a leak is not re- release agent;
paired as soon as practicable, each sub- (3) For each rebond foam affected
sequent calendar day (with the excep- source subject to the provisions of
tion of situations meeting the criteria § 63.1301(a), each calendar day that a
of § 63.1294(d)); HAP-based material is used as an
(6) For each affected source com- equipment cleaner; and
plying with § 63.1294(c), each calendar (4) For each rebond foam affected
day after 5 calendar days after detec- source complying with § 63.1301(b), each
tion of a leak that a first attempt at calendar day that a HAP-based mold
repair has not been made, and the ear- release agent is used.
lier of each calendar day after 15 cal- [63 FR 53996, Oct. 7, 1998, as amended at 79 FR
endar days after detection of a leak 48089, Aug. 15, 2014]
that a leak is not repaired, or if a leak
is not repaired as soon as practicable, § 63.1309 Implementation and enforce-
each subsequent calendar day (with the ment.
exception of situations meeting the (a) This subpart can be implemented
criteria of § 63.1294(d)). and enforced by the U.S. EPA, or a del-
(c) Slabstock affected sources. For egated authority such as the applicable
slabstock foam affected sources, failure State, local, or Tribal agency. If the
to meet the requirements contained in U.S. EPA Administrator has delegated
§§ 63.1297 and 63.1298, respectively, shall authority to a State, local, or Tribal
be considered a violation of this sub- agency, then that agency, in addition
part. Violation of each item listed in to the U.S. EPA, has the authority to
the following paragraphs shall be con- implement and enforce this subpart.
sidered a separate violation. Contact the applicable U.S. EPA Re-
(1) For each slabstock foam affected gional Office to find out if implementa-
source subject to the provisions in tion and enforcement of this subpart is
§ 63.1297, each calendar day that a HAP delegated to a State, local, or Tribal
ABA or HAP-based material is used as agency.
an ABA; (b) In delegating implementation and
(2) For each slabstock foam affected enforcement authority of this subpart
source subject to the provisions of to a State, local, or Tribal agency
§ 63.1298, each calendar day that a HAP- under subpart E of this part, the au-
based material is used as an equipment thorities contained in paragraph (c) of
cleaner. this section are retained by the Admin-
(d) Molded and rebond foam affected istrator of U.S. EPA and cannot be
sources. For molded and rebond foam transferred to the State, local, or Trib-
affected sources, failure to meet the re- al agency.
quirements contained in § 63.1300 and (c) The authorities that cannot be
§ 63.1301, respectively, shall be consid- delegated to State, local, or Tribal
ered a violation of this subpart. Viola- agencies are as specified in paragraphs
tion of each item listed in the fol- (c)(1) through (5) of this section.
lowing paragraphs shall be considered a (1) Approval of alternatives to the re-
separate violation. quirements in §§ 63.1290, 63.1291, 63.1293
(1) For each molded foam affected through 63.1301, and 63.1305.
source subject to the provisions in (2) Approval of major alternatives to
§ 63.1300(a), each calendar day that a test methods under § 63.7(e)(2)(ii) and
HAP-based material is used as an (f), as defined in § 63.90, and as required
equipment cleaner (except for in this subpart.
diisocyanates used to flush the (3) Approval of major alternatives to
mixhead and associated piping during monitoring under § 63.8(f), as defined in
periods of startup or maintenance, pro- § 63.90, and as required in this subpart.
vided that the diisocyanate compounds (4) Approval of major alternatives to
are contained in a closed-loop system recordkeeping and reporting under
and are re-used in production); § 63.10(f), as defined in § 63.90, and as re-
(2) For each molded foam affected quired in this subpart.

source subject to the provisions of [68 FR 37357, June 23, 2003, as amended at 79
§ 63.1300(b), each calendar day that a FR 48089, Aug. 15, 2014]
276
Environmental Protection Agency Pt. 63, Subpt. III, Table 1
APPENDIX TO SUBPART III OF PART 63— bles are intended to assist the reader in de-
TABLES: NOTE termining the requirements applicable to af-
fected sources and do not alter an affected
For the convenience of the readers of sub- source’s obligation to comply with the re-
part III, the tables below summarize the requirements in §§ 63.1290 to 63.1307.
quirements in §§ 63.1290 to 63.1307. These ta-
TABLE 1 TO SUBPART III OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40

CFR PART 63, SUBPART A) TO SUBPART III
Applies to
Subpart A reference Comment
subpart III
§ 63.1 ............................................................. YES Except that § 63.1(c)(2) is not applicable to the extent area
sources are not subject to subpart III.
§ 63.2 ............................................................. YES Definitions are modified and supplemented by § 63.1292.
§ 63.3 ............................................................. YES
§ 63.4 ............................................................. YES
§ 63.5 ............................................................. YES
§ 63.6(a)–(d) ................................................... YES
§ 63.6(e)(1)(i) ................................................. NO See § 63.1290(d)(4) for general duty requirement.
§ 63.6(e)(1)(ii) ................................................. NO
§ 63.6(e)(1)(iii) ................................................ YES
§ 63.6(e)(2)–(3) .............................................. NO
§ 63.6(f)(1) ...................................................... NO
§ 63.6(f)(2)–(3) ............................................... YES
§ 63.6(g) ......................................................... YES
§ 63.6(h) ......................................................... NO Subpart III does not require opacity and visible emission stand-
ards.
§ 63.6 (i)–(j) .................................................... YES
§ 63.7 ............................................................. NO Performance tests not required by subpart III.
§ 63.8 ............................................................. NO Continuous monitoring, as defined in subpart A, is not required
by subpart III.
§ 63.9 (a)–(d) ................................................. YES
§ 63.9 (e)–(g) ................................................. NO
§ 63.9(h) ......................................................... NO Subpart III specifies Notification of Compliance Status require-
ments.
§ 63.9 (i)–(j) .................................................... YES
§ 63.10(a) ....................................................... YES
§ 63.10(b)(1) ................................................... YES
§ 63.10(b)(2)(i) ............................................... NO
§ 63.10(b)(2)(ii) ............................................... NO See § 63.1307(h) for recordkeeping of (1) date, time and dura-
tion; (2) listing of affected source or equipment and an esti-
mate of the volume of each regulated pollutant emitted over
the standard; and (3) actions to minimize emissions and any
actions taken at the discretion of the owner or operator to pre-
vent recurrence of the failure to meet an applicable require-
ment.
§ 63.10(c) ....................................................... NO
§ 63.10(d)(1) ................................................... YES
§ 63.10 (d) (2)–(3) .......................................... NO
§ 63.10(d)(4) ................................................... YES
§ 63.10(d)(5) ................................................... NO See § 63.1306(f) for malfunction reporting requirements.
§ 63.10(e) ....................................................... NO
§ 63.10(f) ........................................................ YES
§ 63.11 ........................................................... YES
§ 63.12 ........................................................... YES
§ 63.13 ........................................................... YES
§ 63.14 ........................................................... YES
§ 63.15 ........................................................... YES
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014]

277
Pt. 63, Subpt. III, Table 2 40 CFR Ch. I (7–1–16 Edition)
TABLE 3 TO SUBPART III OF PART 63—COMPLIANCE REQUIREMENTS FOR SLABSTOCK

FOAM PRODUCTION AFFECTED SOURCES
Emission, work
Emission point practice, and
Emission point Monitoring Recordkeeping Reporting
compliance option equipment stand-
ards
Diisocyanate stor- Vapor balance ...... § 63.1294(a)(1) § 63.1294(a)(1)(i) .. § 63.1307(a)(1) § 63.1306(e)(5).

age vessels and (1)(ii). and (4).
§ 63.1294(a)
Carbon adsorber ... § 63.1294(a)(2) ..... § 63.1303(a)(1), § 63.1307(a)(1), § 63.1306(e)(3).
(3), and (4). (3)(i), and (3)(iii).
Carbon adsorber— § 63.1294(a)(2) ..... § 63.1303(a)(2), (3) § 63.1307(a)(1), § 63.1306(e)(3).
alternative moni- and (4). (3)(ii), and (3)(iii).
toring.
Diisocyanate trans- Sealless pump ...... § 63.1294(b)(1) ..... ............................... § 63.1307 (b)(1)(i)
fer pumps and (2).
§ 63.1294(b)
Submerged pump § 63.1294(b)(2)(i) § 63.1294 (b)(2)(ii) § 63.1307 (b)(1)(i), § 63.1306(e)(4).
and (iii). (2), and (3).
Other components N/A ........................ § 63.1294(c) .......... § 63.1294(c) .......... § 63.1307 (b)(1)(i) § 63.1306(e)(4).
in diisocyanate and (3).
service
§ 63.1294(c).
ABAs § 63.1297 ..... N/A ........................ § 63.1297 .............. ............................... § 63.1307(e) ..........
Equipment Clean- N/A ........................ § 63.1298 .............. ............................... § 63.1307(e) ..........
ing § 63.1298.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48090, Aug. 15, 2014]
TABLE 3 TO SUBPART III OF PART 63—COMPLIANCE REQUIREMENTS FOR MOLDED AND

REBOND FOAM PRODUCTION AFFECTED SOURCES
Emission, work
Emission point practice, and
Emission point Monitoring Recordkeeping Reporting
compliance option equipment stand-
ards
Molded Foam
Equipment cleaning N/A ........................ § 63.1300(a) .......... ............................... § 63.1307(g) ..........
Mold release agent N/A ........................ § 63.1300(b) .......... ............................... § 63.1307 (h) .........
Rebond Foam
Equipment cleaning N/A ........................ § 63.1301(a) .......... ............................... § 63.1307 (g) .........
Mold release agent N/A ........................ § 63.1301(b) .......... ............................... § 63.1307 (h) .........
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR source. Existing affected source is de-
48090, Aug. 15, 2014] fined in paragraph (a)(2) of this section,
and new affected source is defined in
Subpart JJJ—National Emission paragraph (a)(3) of this section.
Standards for Hazardous Air (2) An existing affected source is de-
Pollutant Emissions: Group IV fined as each group of one or more
Polymers and Resins thermoplastic product process units
(TPPU) and associated equipment, as
SOURCE: 61 FR 48229, Sept. 12, 1996, unless listed in paragraph (a)(4) of this section
otherwise noted. that is not part of a new affected
source, as defined in paragraph (a)(3) of
§ 63.1310 Applicability and designation this section, that is manufacturing the
of affected sources. same primary product, and that is lo-
(a) Definition of affected source. The cated at a plant site that is a major
provisions of this subpart apply to each source.
affected source. Affected sources are (3) A new affected source is defined
described in paragraphs (a)(1) through by the criteria in paragraph (a)(3)(i),
(a)(4) of this section. (a)(3)(ii), or (a)(3)(iii) of this section.

(1) An affected source is either an ex- The situation described in paragraph
isting affected source or a new affected (a)(3)(i) of this section is distinct from
278
those situations described in para- this subpart and is not required to

graphs (a)(3)(ii) and (a)(3)(iii) of this comply with the provisions of subpart
section and from any situation de- A of this part.
scribed in paragraph (i) of this section. (1) Retain information, data, and
(i) At a site without HAP emission analyses used to document the basis
points before March 29, 1995 (i.e., a for the determination that the TPPU
‘‘greenfield’’ site), each group of one or does not use or manufacture any or-
more TPPU and associated equipment, ganic HAP. Types of information that
as listed in paragraph (a)(4) of this sec- could document this determination in-
tion, that is manufacturing the same clude, but are not limited to, records of
primary product and that is part of a chemicals purchased for the process,
major source on which construction analyses of process stream composi-
commenced after March 29, 1995; tion, engineering calculations, or proc-
(ii) A group of one or more TPPU ess knowledge.
meeting the criteria in paragraph (2) When requested by the Adminis-
(i)(1)(i) of this section; or trator, demonstrate that the TPPU
(iii) A reconstructed affected source does not use or manufacture any or-
meeting the criteria in paragraph ganic HAP.
(i)(2)(i) of this section. (c) Emission points not subject to the
(4) Emission points and equipment. The provisions of this subpart. The affected
affected source also includes the emis- source includes the emission points
sion points and components specified in listed in paragraphs (c)(1) through
paragraphs (a)(4)(i) through (vi) of this (c)(9) of this section, but these emis-
section that are associated with each sion points are not subject to the re-
applicable group of one or more TPPU quirements of this subpart or to the
constituting an affected source. provisions of subpart A of this part.
(i) Each waste management unit. (1) Components and equipment that
(ii) Maintenance wastewater. do not contain organic HAP and are lo-
(iii) Each heat exchange system. cated within a TPPU that is part of an
(iv) Each process contact cooling affected source;
tower used in the manufacture of poly (2) Stormwater from segregated sew-
(ethylene terephthalate) resin (PET) ers;
that is associated with a new affected (3) Water from fire-fighting and del-
source. uge systems in segregated sewers;
(v) Each process contact cooling (4) Spills;
tower used in the manufacture of PET (5) Water from safety showers;
using a continuous terephthalic acid (6) Water from testing of deluge sys-
high viscosity multiple end finisher tems;
process that is associated with an ex- (7) Water from testing of firefighting
isting affected source. systems;
(vi) Components required by, or uti- (8) Vessels and equipment storing
lized as a method of compliance with, and/or handling material that contain
this subpart, which may include con- no organic HAP and/or organic HAP as
trol devices and recovery devices. impurities only; and
(5) TPPUs and associated equipment, (9) Equipment that is intended to op-
as listed in paragraph (a)(4) of this sec- erate in organic HAP service for less
tion, that are located at plant sites than 300 hours during the calendar
that are not major sources are neither year.
affected sources nor part of an affected (d) Processes excluded from the affected
source. source. The processes specified in para-
(b) TPPUs without organic HAP. The graphs (d)(1) through (5) of this section
owner or operator of a TPPU that is are not part of the affected source and
part of an affected source, as defined in are not subject to the requirements of
paragraph (a) of this section, but that both this subpart and subpart A of this
does not use or manufacture any or- part:
ganic HAP shall comply with the re- (1) Research and development facili-
quirements of either paragraph (b)(1) or ties;

(b)(2) of this section. Such a TPPU is (2) Polymerization processes occur-
not subject to any other provisions of ring in a mold;
279
§ 63.1310 40 CFR Ch. I (7–1–16 Edition)
(3) Processes which manufacture and (f)(5) through (f)(7) of this section
binder systems containing a thermo- discuss compliance only for flexible op-
plastic product for paints, coatings, or eration units. Other paragraphs apply
adhesives; to all process units, including flexible
(4) Finishing processes including operation units, unless otherwise
equipment such as compounding units, noted. Paragraph (f)(8) of this section
spinning units, drawing units, extrud- contains reporting requirements asso-
ing units, and other finishing steps; ciated with the applicability deter-
and minations. Paragraphs (f)(9) and (f)(10)
(5) Solid state polymerization proc- of this section describe criteria for re-
esses. moving the TPPU designation from a
(e) Applicability determination of nonprocess unit.
thermoplastic equipment included within (1) Initial determination. The owner or
the boundaries of a TPPU. If a polymer operator shall initially determine if a
that is not a thermoplastic product is process unit is subject to the provi-
produced within the equipment (i.e., sions of this subpart based on the pri-
collocated) making up a TPPU and at mary product of the process unit in ac-
least 50 percent of that polymer is used cordance with paragraphs (f)(1)(i)
in the production of a thermoplastic through (iii) of this section. If the proc-
product manufactured by the same ess unit never uses or manufactures
TPPU, then the unit operations in- any organic HAP, regardless of the out-
volved in the production of that poly- come of the primary product deter-
mer are considered part of the TPPU mination, the only requirements of
and are subject to this subpart, with this subpart that might apply to the
the following exception. Any emission process unit are contained in para-
points from such unit operations that graph (b) of this section. If a flexible
are subject to another subpart of this operation unit does not use or manu-
part with an effective date prior to facture any organic HAP during the
September 5, 1996 shall remain subject manufacture of one or more products,
to that other subpart of this part and paragraph (f)(5)(i) of this section ap-
are not subject to this subpart. plies to that flexible operation unit.
(f) Primary product determination and (i) If a process unit only manufac-
applicability. An owner or operator of a tures one product, then that product
process unit that produces or plans to shall represent the primary product of
produce a thermoplastic product shall the process unit.
determine if the process unit is subject (ii) If a process unit produces more
to this subpart in accordance with this than one intended product at the same
paragraph. The owner or operator shall time, the primary product shall be de-
initially determine whether a process termined in accordance with paragraph
unit is designated as a TPPU and sub- (f)(1)(ii)(A) or (B) of this section.
ject to the provisions of this subpart in (A) The product for which the process
accordance with either paragraph (f)(1) unit has the greatest annual design ca-
or (f)(2) of this section. The owner or pacity on a mass basis shall represent
operator of a flexible operation unit the primary product of the process
that was not initially designated as a unit, or
TPPU, but in which a thermoplastic (B) If a process unit has the same
product is produced, shall conduct an maximum annual design capacity on a
annual re-determination of the applica- mass basis for two or more products,
bility of this subpart in accordance and if one of those products is a ther-
with paragraph (f)(3) of this section. moplastic product, then the thermo-
Owners or operators that anticipate plastic product shall represent the pri-
the production of a thermoplastic prod- mary product of the process unit.
uct in a process unit that was not ini- (iii) If a process unit is designed and
tially designated as a TPPU, and in operated as a flexible operation unit,
which no thermoplastic products are the primary product shall be deter-
currently produced, shall determine if mined as specified in paragraphs
the process unit is subject to this sub- (f)(1)(iii)(A) or (B) of this section based
part in accordance with paragraph on the anticipated operations for the 5
(f)(4) of this section. Paragraphs (f)(3) years following September 12, 1996 at
280
existing process units, or for the first (ii) If the owner or operator cannot
year after the process unit begins pro- determine the primary product in ac-
duction of any product for new process cordance with paragraph (f)(1)(iii) of
units. If operations cannot be antici- this section, and cannot determine
pated sufficiently to allow the deter- that a thermoplastic product is not the
mination of the primary product for primary product as specified in para-
the specified period, applicability shall graph (f)(2)(i) of this section, applica-
be determined (in accordance with bility shall be determined in accord-
paragraph (f)(2) of this section. ance with paragraph (f)(2)(ii)(A) or
(A) If the flexible operation unit will (f)(2)(ii)(B) of this section.
manufacture one product for the great- (A) If the flexible operation unit is an
est operating time over the specified 5 existing process unit, the flexible oper-
year period for existing process units, ation unit shall be designated as a
or the specified 1 year period for new TPPU if a thermoplastic product was
process units, then that product shall produced for 5 percent or greater of the
represent the primary product of the total operating time of the flexible op-
flexible operation unit. erating unit since March 9, 1999. That
(B) If the flexible operation unit will TPPU and associated equipment, as
manufacture multiple products equally listed in paragraph (a)(4) of this sec-
based on operating time, then the prod- tion, is either an affected source, or
uct with the greatest expected produc- part of an affected source comprised of
tion on a mass basis over the specified other TPPU and associated equipment,
5 year period for existing process units, as listed in paragraph (a)(4) of this sec-
or the specified 1 year period for new tion, subject to this subpart with the
process units shall represent the pri-
same primary product at the same
mary product of the flexible operation
plant site that is a major source. For a
unit.
flexible operation unit that is des-
(iv) If, according to paragraph
ignated as an TPPU in accordance with
(f)(1)(i), (ii), or (iii) of this section, the
this paragraph, the thermoplastic prod-
primary product of a process unit is a
uct produced for the greatest amount
thermoplastic product, then that proc-
of time since March 9, 1999 shall be des-
ess unit shall be designated as a TPPU.
ignated as the primary product of the
That TPPU and associated equipment,
TPPU.
as listed in paragraph (a)(4) of this sec-
tion is either an affected source or part (B) If the flexible operation unit is a
of an affected source comprised of new process unit, the flexible operation
other TPPU and associated equipment, unit shall be designated as a TPPU if
as listed in paragraph (a)(4) of this sec- the owner or operator anticipates that
tion, subject to this subpart with the a thermoplastic product will be manu-
same primary product at the same factured in the flexible operation unit
plant site that is a major source. If the at any time in the first year after the
primary product of a process unit is de- date the unit begins production of any
termined to be a product that is not a product. That TPPU and associated
thermoplastic product, then that proc- equipment, as listed in paragraph (a)(4)
ess unit is not a TPPU. of this section, is either an affected
(2) If the primary product cannot be source, or part of an affected source
determined for a flexible operation comprised of other TPPU and associ-
unit in accordance with paragraph ated equipment, as listed in paragraph
(f)(1)(iii) of this section, applicability (a)(4) of this section, subject to this
shall be determined in accordance with subpart with the same primary product
this paragraph. at the same plant site that is a major
(i) If the owner or operator cannot source. For a process unit that is des-
determine the primary product in ac- ignated as a TPPU in accordance with
cordance with paragraph (f)(1)(iii) of this paragraph, the thermoplastic prod-
this section, but can determine that a uct that will be produced shall be des-
thermoplastic product is not the pri- ignated as the primary product of the
mary product, then that flexible oper- TPPU. If more than one thermoplastic
ation unit is not a TPPU. product will be produced, the owner or
281
§ 63.1310 40 CFR Ch. I (7–1–16 Edition)
operator may select which thermo- this subpart in accordance with para-
plastic product is designated as the pri- graphs (f)(4)(i) and (ii) of this section.
mary product. Also, owners or operators who have no-
(3) Annual applicability determination tified the Administrator that a process
for non-TPPUs that have produced a unit is not a TPPU in accordance with
thermoplastic product. Once per year be- paragraph (f)(9) of this section, that
ginning September 12, 2001, the owner now anticipate the production of a
or operator of each flexible operation thermoplastic product in the process
unit that is not designated as a TPPU, unit, shall determine if the process
but that has produced a thermoplastic unit is subject to this subpart in ac-
product at any time in the preceding 5- cordance with paragraphs (f)(4)(i) and
year period or since the date that the (ii) of this section.
unit began production of any product, (i) The owner or operator shall use
whichever is shorter, shall perform the the procedures in paragraph (f)(1) or
evaluation described in paragraphs (f)(2) of this section to determine if the
(f)(3)(i) through (f)(3)(iii) of this sec- process unit is designated as a TPPU,
tion. However, an owner or operator with the following exception: For exist-
that does not intend to produce any ing process units that are determining
thermoplastic product in the future, in the primary product in accordance
accordance with paragraph (f)(9) of this with paragraph (f)(1)(iii) of this sec-
section, is not required to perform the tion, production shall be projected for
evaluation described in paragraphs the five years following the date that
(f)(3)(i) through (f)(3)(iii) of this sec- the owner or operator anticipates initi-
tion. ating the production of a thermoplastic
(i) For each product produced in the product.
flexible operation unit, the owner or (ii) If the unit is designated as a
operator shall calculate the percentage TPPU in accordance with paragraph
of total operating time over which the
(f)(4)(i) of this section, the owner or op-
product was produced during the pre-
erator shall comply in accordance with
ceding 5-year period.
paragraph (i)(1) of this section.
(ii) The owner or operator shall iden-
tify the primary product as the product (5) Compliance for flexible operation
with the highest percentage of total units. Owners or operators of TPPUs
operating time for the preceding 5-year that are flexible operation units shall
period. comply with the standards specified for
(iii) If the primary product identified the primary product, with the excep-
in paragraph (f)(3)(ii) is a thermo- tions provided in paragraphs (f)(5)(i)
plastic product, the flexible operation and (f)(5)(ii) of this section.
unit shall be designated as a TPPU. (i) Whenever a flexible operation unit
The owner or operator shall notify the manufactures a product in which no or-
Administrator no later than 45 days ganic HAP is used or manufactured,
after determining that the flexible op- the owner or operator is only required
eration unit is a TPPU, and shall com- to comply with either paragraph (b)(1)
ply with the requirements of this sub- or (b)(2) of this section to demonstrate
part in accordance with paragraph compliance for activities associated
(i)(1) of this section for the flexible op- with the manufacture of that product.
eration unit. This subpart does not require compli-
(4) Applicability determination for non- ance with the provisions of subpart A
TPPUs that have not produced a thermo- of this part for activities associated
plastic product. The owner or operator with the manufacture of a product that
that anticipates the production of a meets the criteria of paragraph (b) of
thermoplastic product in a process unit this section.
that is not designated as a TPPU, and (ii) Whenever a flexible operation
in which no thermoplastic products unit manufactures a product that
have been produced in the previous 5- makes it subject to subpart GGG of
year period or since the date that the this part, the owner or operator is not
process unit began production of any required to comply with the provisions
product, whichever is shorter, shall de- of this subpart during the production
termine if the process unit is subject to of that product.
282
(6) Owners or operators of TPPUs (8) Reporting requirements. When it is

that are flexible operation units have determined that a process unit is a
the option of determining the group TPPU and subject to the requirements
status of each emission point associ- of this subpart, the Notification of
ated with the flexible operation unit, Compliance Status required by
in accordance with either paragraph § 63.1335(e)(5) shall include the informa-
(f)(6)(i) or (f)(6)(ii) of this section, with tion specified in paragraphs (f)(8)(i) and
the exception of batch process vents. (f)(8)(ii) of this section, as applicable. If
For batch process vents, the owner or it is determined that the process unit
operator shall determine the group sta- is not subject to this subpart, the
tus in accordance with § 63.1323. owner or operator shall either retain
(i) The owner or operator may deter- all information, data, and analysis
mine the group status of each emission used to document the basis for the de-
point based on emission point charac- termination that the primary product
teristics when the primary product is is not a thermoplastic product, or,
being manufactured. The criteria that when requested by the Administrator,
shall be used for this group determina- demonstrate that the process unit is
tion are the Group 1 criteria specified not subject to this subpart.
for the primary product. (i) If the TPPU manufactures only
(ii) The owner or operator may deter- one thermoplastic product, identifica-
mine the group status of each emission tion of that thermoplastic product.
point separately for each product pro- (ii) If the TPPU is designed and oper-
duced by the flexible operation unit. ated as a flexible operation unit, the
For each product, the group status information specified in paragraphs
shall be determined using the emission (f)(8)(ii)(A) through (f)(8)(ii)(D) of this
point characteristics when that prod- section, as appropriate, shall be sub-
uct is being manufactured and using mitted.
the Group 1 criteria specified for the (A) If a primary product could be de-
primary product. (Note: Under this sce- termined, identification of the primary
nario, it is possible that the group sta- product.
tus, and therefore the requirement to (B) Identification of which compli-
achieve emission reductions, for an ance option, either paragraph (f)(6)(i)
emission point may change depending or (f)(6)(ii) of this section, has been se-
on the product being manufactured.) lected by the owner or operator.
(7) Owners or operators determining (C) If the option to establish separate
the group status of emission points in parameter monitoring levels for each
flexible operation units based solely on product in paragraph (f)(7)(i) of this
the primary product in accordance section is selected, the identification of
with paragraph (f)(6)(i) of this section each product and the corresponding pa-
shall establish parameter monitoring rameter monitoring level.
levels, as required, in accordance with (D) If the option to establish a single
either paragraph (f)(7)(i) or (f)(7)(ii) of parameter monitor level in paragraph
this section. Owners or operators deter- (f)(7)(ii) of this section is selected, the
mining the group status of emission parameter monitoring level for each
points in flexible operation units based parameter.
on each product in accordance with (9) TPPUs terminating production of all
paragraph (f)(6)(ii) of this section shall thermoplastic products. If a TPPU termi-
establish parameter monitoring levels, nates the production of all thermo-
as required, in accordance with para- plastic products and does not antici-
graph (f)(7)(i) of this section. pate the production of any thermo-
(i) Establish separate parameter plastic products in the future, the proc-
monitoring levels in accordance with ess unit is no longer a TPPU and is not
§ 63.1334(a) for each individual product. subject to this subpart after notifica-
(ii) Establish a single parameter tion is made to the Administrator.
monitoring level (for each parameter This notification shall be accompanied
required to be monitored at each de- by a rationale for why it is anticipated
vice subject to monitoring require- that no thermoplastic products will be

ments) in accordance with § 63.1334(a) produced in the process unit in the fu-
that would apply for all products. ture.
283
§ 63.1310 40 CFR Ch. I (7–1–16 Edition)
(10) Redetermination of applicability to termine to which process unit a stor-

TPPUs that are flexible operation units. age vessel is assigned.
Whenever changes in production occur (1) If a storage vessel is already sub-
that could reasonably be expected to ject to another subpart of 40 CFR part
change the primary product of a TPPU 63 on September 12, 1996, said storage
that is operating as a flexible operation vessel shall be assigned to the process
unit from a thermoplastic product to a unit subject to the other subpart.
product that would make the process (2) If a storage vessel is dedicated to
unit subject to another subpart of this a single process unit, the storage vessel
part, the owner or operator shall re- shall be assigned to that process unit.
evaluate the status of the process unit (3) If a storage vessel is shared among
as a TPPU in accordance with para- process units, then the storage vessel
graphs (f)(10)(i) through (iii) of this sec- shall be assigned to that process unit
tion. located on the same plant site as the
(i) For each product produced in the storage vessel that has the greatest
flexible operation unit, the owner or input into or output from the storage
operator shall calculate the percentage vessel (i.e., said process unit has the
of total operating time in which the predominant use of the storage vessel).
product was produced for the preceding
(4) If predominant use cannot be de-
five-year period, or since the date that
termined for a storage vessel that is
the process unit began production of
shared among process units and if only
any product, whichever is shorter.
one of those process units is a TPPU
(ii) The owner or operator shall iden-
subject to this subpart, the storage
tify the primary product as the product
with the highest percentage of total vessel shall be assigned to said TPPU.
operating time for the period. (5) If predominant use cannot be de-
(iii) If the conditions in (f)(10)(iii)(A) termined for a storage vessel that is
through (C) of this section are met, the shared among process units and if more
flexible operation unit shall no longer than one of the process units are
be designated as a TPPU and shall no TPPUs that have different primary
longer be subject to the provisions of products and that are subject to this
this subpart after the date that the subpart, then the owner or operator
process unit is required to be in com- shall assign the storage vessel to any
pliance with the provisions of the other one of the said TPPUs.
subpart of this part to which it is sub- (6) If the predominant use of a stor-
ject. If the conditions in paragraphs age vessel varies from year to year,
(f)(10)(iii)(A) through (C) of this section then predominant use shall be deter-
are not met, the flexible operation unit mined based on the utilization that oc-
shall continue to be considered a TPPU curred during the year preceding Sep-
and subject to the requirements of this tember 12, 1996 or based on the ex-
subpart. pected utilization for the 5 years fol-
(A) The product identified in lowing September 12, 1996 for existing
(f)(10)(ii) of this section is not a ther- affected sources, whichever is more
moplastic product; and representative of the expected oper-
(B) The production of the product ations for said storage vessel, and
identified in (f)(10)(ii) of this section is based on the expected utilization for
subject to another subpart of this part; the first 5 years after initial start-up
and for new affected sources. The deter-
(C) The owner or operator submits a mination of predominant use shall be
notification to the Administrator of reported in the Notification of Compli-
the pending change in applicability. ance Status, as required by
(g) Storage vessel ownership determina- § 63.1335(e)(5)(vi).
tion. The owner or operator shall follow (7) Where a storage vessel is located
the procedures specified in paragraphs at a major source that includes one or
(g)(1) through (g)(7) of this section to more process units which place mate-
determine to which process unit a stor- rial into, or receive materials from the
age vessel shall be assigned. Paragraph storage vessel, but the storage vessel is
(g)(8) of this section specifies when an located in a tank farm (including a ma-
owner or operator is required to rede- rine tank farm), the applicability of
284
this subpart shall be determined ac- (h)(7) of this section specifies when an
cording to the provisions in paragraphs owner or operator is required to rede-
(g)(7)(i) through (g)(7)(iv) of this sec- termine to which process unit the re-
tion. covery operations equipment is as-
(i) The storage vessel may only be assigned.
signed to a process unit that utilizes (1) If recovery operations equipment
the storage vessel and does not have an is already subject to another subpart of
intervening storage vessel for that 40 CFR part 63 on September 12, 1996,
product (or raw material, as appro- said recovery operations equipment
priate). With respect to any process shall be assigned to the process unit
unit, an intervening storage vessel subject to the other subpart.
means a storage vessel connected by (2) If recovery operations equipment
hard-piping both to the process unit is dedicated to a single process unit,
and to the storage vessel in the tank the recovery operations equipment
farm so that product or raw material shall be assigned to that process unit.
entering or leaving the process unit (3) If recovery operations equipment
flows into (or from) the intervening is shared among process units, then the
storage vessel and does not flow di- recovery operations equipment shall be
rectly into (or from) the storage vessel assigned to that process unit located
in the tank farm. on the same plant site as the recovery
(ii) If there is no process unit at the
operations equipment that has the
major source that meets the criteria of
greatest input into or output from the
paragraph (g)(7)(i) of this section with
recovery operations equipment (i.e.,
respect to a storage vessel, this subpart
said process unit has the predominant
does not apply to the storage vessel.
use of the recovery operations equip-
(iii) If there is only one process unit
ment).
at the major source that meets the cri-
teria of paragraph (g)(7)(i) of this sec- (4) If predominant use cannot be de-
tion with respect to a storage vessel, termined for recovery operations
the storage vessel shall be assigned to equipment that is shared among proc-
that process unit. ess units and if one of those process
(iv) If there are two or more process units is a TPPU subject to this sub-
units at the major source that meet part, the recovery operations equip-
the criteria of paragraph (g)(7)(i) of ment shall be assigned to said TPPU.
this section with respect to a storage (5) If predominant use cannot be de-
vessel, the storage vessel shall be as- termined for recovery operations
signed to one of those process units ac- equipment that is shared among proc-
cording to the provisions of paragraphs ess units and if more than one of the
(g)(3) through (g)(6) of this section. The process units are TPPUs that have dif-
predominant use shall be determined ferent primary products and that are
among only those process units that subject to this subpart, then the owner
meet the criteria of paragraph (g)(7)(i) or operator shall assign the recovery
of this section. operations equipment to any one of
(8) If the storage vessel begins receiv- said TPPUs.
ing material from (or sending material (6) If the predominant use of recovery
to) a process unit that was not in- operations equipment varies from year
cluded in the initial determination, or to year, then predominant use shall be
ceases to receive material from (or determined based on the utilization
send material to) a process unit, the that occurred during the year pre-
owner or operator shall re-evaluate the ceding September 12, 1996 or based on
applicability of this subpart to the the expected utilization for the 5 years
storage vessel. following September 12, 1996 for exist-
(h) Recovery operations equipment own- ing affected sources, whichever is the
ership determination. The owner or oper- more representative of the expected op-
ator shall follow the procedures speci- erations for said recovery operations
fied in paragraphs (h)(1) through (h)(6) equipment, and based on the first 5
of this section to determine to which years after initial start-up for new af-
process unit recovery operations equip- fected sources. The determination of
ment shall be assigned. Paragraph predominant use shall be reported in
285
§ 63.1310 40 CFR Ch. I (7–1–16 Edition)
the Notification of Compliance Status, (C) The group of one or more TPPUs
as required by § 63.1335(e)(5)(vii). and associated equipment, as listed in
(7) If a piece of recovery operations paragraph (a)(4) of this section, has the
equipment begins receiving material potential to emit 10 tons per year or
from a process unit that was not in- more of any HAP or 25 tons per year or
cluded in the initial determination, or more of any combination of HAP, and
ceases to receive material from a proc- the primary product of the group of
ess unit that was included in the initial one or more TPPUs is currently pro-
determination, the owner or operator duced at the plant site as the primary
shall reevaluate the applicability of product of an affected source; or
this subpart to that recovery oper- (D) The primary product of the group
ations equipment. of one or more TPPUs is not currently
(i) Changes or additions to plant sites. produced at the plant site as the pri-
The provisions of paragraphs (i)(1) mary product of an affected source and
through (i)(4) of this section apply to the plant site meets, or after the addi-
owners or operators that change or add tion of the group of one or more TPPUs
to their plant site or affected source. and associated equipment, as listed in
Paragraph (i)(5) of this section provides paragraph (a)(4) of this section, will
examples of what are and are not con- meet the definition of a major source.
sidered process changes for purposes of (ii) If a group of one or more TPPUs
this paragraph (i) of this section. Para- that produce the same primary product
graph (i)(6) of this section discusses re- is added to a plant site, and the group
porting requirements. of one or more TPPUs does not meet
the criteria specified in paragraph
(1) Adding a TPPU to a plant site. The
(i)(1)(i) of this section, and the plant
provisions of paragraphs (i)(1)(i) and
site meets, or after the addition will
(i)(1)(ii) of this section apply to owners
meet, the definition of a major source,
or operators that add one or more
the group of one or more TPPUs and
TPPUs to a plant site.
associated equipment, as listed in para-
(i) If a group of one or more TPPUs graph (a)(4) of this section, shall com-
that produce the same primary product ply with the requirements for an exist-
is added to a plant site, the added ing affected source in this subpart upon
group of one or more TPPUs and asso- initial start-up; by June 19, 2001; or by
ciated equipment, as listed in para- 6 months after notifying the Adminis-
graph (a)(4) of this section, shall be a trator that a process unit has been des-
new affected source and shall comply ignated as a TPPU (in accordance with
with the requirements for a new af- paragraph (f)(3)(iii) of this section),
fected source in this subpart upon ini- whichever is later.
tial start-up or by June 19, 2000, which- (2) Adding emission points or making
ever is later, except that new affected process changes to existing affected
sources whose primary product, as de- sources. The provisions of paragraphs
termined using the procedures speci- (i)(2)(i) through (i)(2)(ii) of this section
fied in paragraph (f) of this section, is apply to owners or operators that add
poly(ethylene terephthalate) (PET) emission points or make process
shall be in compliance with § 63.1331 changes to an existing affected source.
upon initial start-up or February 27, (i) If any components are replaced at
2001, whichever is later, if the added an existing affected source such that
group of one or more TPPUs meets the the criteria specified in paragraphs
criteria in either paragraph (i)(1)(i)(A) (i)(2)(i)(A) through (i)(2)(i)(B) of this
or (i)(1)(i)(B) of this section, and the section are met, the entire affected
criteria in either paragraph (i)(1)(i)(C) source shall be a new affected source
or (i)(1)(i)(D) of this section are met. and shall comply with the require-
(A) The construction of the group of ments for a new affected source upon
one or more TPPUs commenced after initial start-up or by June 19, 2000,
March 29, 1995. whichever is later, as provided in
(B) The construction or reconstruc- § 63.6(b), except that new affected
tion, for process units that have be- sources whose primary product is
come TPPUs, commenced after March poly(ethylene terephthalate) (PET)
29, 1995. shall be in compliance with § 63.1331
286
upon initial start-up or by February 27, ment leak components subject to

2001, whichever is later. § 63.1331, and June 19, 2001 for most
(A) The replacement of components emission points other than equipment
meets the definition of reconstruction leaks), whichever is later.
in § 63.1312(b); and (iv) If any process change (not includ-
(B) Such reconstruction commenced ing a process change that solely re-
after March 29, 1995. places components) is made to an exist-
(ii) If any components are replaced at ing affected source that results in base-
an existing affected source such that line emissions (i.e., emissions prior to
the criteria specified in paragraphs applying controls for purposes of com-
(i)(2)(i)(A) through (i)(2)(i)(B) of this plying with this subpart) from contin-
section are not met, and that replace- uous process vents in the collection of
ment of components creates one or material recovery sections within the
more Group 1 emission points (i.e., ei- affected source at an existing affected
ther newly created Group 1 emission source producing PET using a contin-
points or emission points that change uous dimethyl terephthalate process
group status from Group 2 to Group 1) changing from less than or equal to 0.12
or causes any other emission point to kg organic HAP per Mg of product to
be added (i.e., Group 2 emission points, greater than 0.12 kg organic HAP per
equipment leak components subject to Mg of product, the continuous process
§ 63.1331, continuous process vents sub- vents shall be subject to the applicable
ject to §§ 63.1316 through 63.1320, and requirements for an existing affected
heat exchange systems subject to source. The resulting emission point(s)
§ 63.1328), the resulting emission shall be in compliance by 120 days after
point(s) shall be subject to the applica- the date of initial start-up or by June
ble requirements for an existing af- 19, 2001, whichever is later.
fected source. The resulting emission (3) Existing affected source requirements
points shall be in compliance by 120 for surge control vessels and bottoms re-
days after the date of initial start-up ceivers that become subject to subpart H
or by the appropriate compliance date requirements. If a process change or ad-
specified in § 63.1311 (i.e., February 27, dition of an emission point causes a
1998 for most equipment leak compo- surge control vessel or bottoms re-
nents subject to § 63.1331, and June 19, ceiver to become subject to § 63.170
2001 for most emission points other under this paragraph (i), the owner or
than equipment leaks), whichever is operator shall be in compliance upon
later. initial start-up or by June 19, 2001,
(iii) If an addition or process change whichever is later.
(not including a process change that (4) Existing affected source requirements
solely replaces components) is made to for compressors that become subject to the
an existing affected source that creates requirements of subpart H of this part. If
one or more Group 1 emission points a process change or the addition of an
(i.e., either newly created Group 1 emission point causes a compressor to
emission points or emission points that become subject to § 63.164 under this
change group status from Group 2 to paragraph (i), the owner or operator
Group 1) or causes any other emission shall be in compliance upon initial
point to be added (i.e., Group 2 emis- start-up or by the compliance date for
sion points, equipment leak compo- that compressor as specified in
nents subject to § 63.1331, continuous § 63.1311(d)(1) through (d)(4), whichever
process vents subject to §§ 63.1316 is later.
through 63.1320, and heat exchange sys- (5) Determining what are and are not
tems subject to § 63.1328), the resulting process changes. For purposes of para-
emission point(s) shall be subject to graph (i) of this section, examples of
the applicable requirements for an ex- process changes include, but are not
isting affected source. The resulting limited to, changes in feedstock type,
emission point(s) shall be in compli- or process catalyst type, or the re-
ance by 120 days after the date of ini- placement, removal, or addition of re-
tial start-up or by the appropriate covery equipment, or equipment

compliance date specified in § 63.1311 changes that increase production ca-
(i.e., February 27, 1998 for most equip- pacity. For purposes of paragraph (i) of
287
§ 63.1310 40 CFR Ch. I (7–1–16 Edition)
this section, process changes do not in- Administrator, which may include, but
clude: Process upsets, unintentional is not limited to, monitoring results,
temporary process changes, and review of operation and maintenance
changes that do not alter the equip- procedures, review of operation and
ment configuration and operating con- maintenance records, and inspection of
ditions. the source.
(6) Reporting requirements for owners or (k) Affirmative defense for violation of
operators that change or add to their emission standards during malfunction.
plant site or affected source. Owners or In response to an action to enforce the
operators that change or add to their standards set forth in this subpart, the
plant site or affected source, as dis- owner or operator may assert an af-
cussed in paragraphs (i)(1) and (i)(2) of firmative defense to a claim for civil
this section, shall submit a report as penalties for violations of such stand-
specified in § 63.1335(e)(7)(iv). ards that are caused by malfunction, as
(j) Applicability of this subpart. (1) The defined at § 63.2. Appropriate penalties
emission limitations set forth in this may be assessed if the owner or oper-
subpart and the emission limitations ator fails to meet their burden of prov-
referred to in this subpart shall apply ing all of the requirements in the af-
at all times except during periods of firmative defense. The affirmative de-
non-operation of the affected source (or fense shall not be available for claims
specific portion thereof) resulting in for injunctive relief.
cessation of the emissions to which (1) Assertion of affirmative defense. To
this subpart applies. establish the affirmative defense in
(2) The emission limitations set forth any action to enforce such a standard,
in subpart H of this part, as referred to the owner or operator must timely
in § 63.1331, shall apply at all times ex- meet the reporting requirements in
cept during periods of non-operation of paragraph (k)(2) of this section, and
the affected source (or specific portion must prove by a preponderance of evi-
thereof) in which the lines are drained dence that:
and depressurized, resulting in ces- (i) The violation:
sation of the emissions to which (A) Was caused by a sudden, infre-
§ 63.1331 applies. quent, and unavoidable failure of air
(3) The owner or operator shall not pollution control equipment, process
shut down items of equipment that are equipment, or a process to operate in a
required or utilized for compliance normal or usual manner; and
with this subpart during times when (B) Could not have been prevented
emissions (or, where applicable, waste- through careful planning, proper design
water streams or residuals) are being or better operation and maintenance
routed to such items of equipment, if practices; and
the shutdown would contravene re- (C) Did not stem from any activity or
quirements of this subpart applicable event that could have been foreseen
to such items of equipment. and avoided, or planned for; and
(4) General duty. At all times, the (D) Was not part of a recurring pat-
owner or operator must operate and tern indicative of inadequate design,
maintain any affected source, includ- operation, or maintenance; and
ing associated air pollution control (ii) Repairs were made as expedi-
equipment and monitoring equipment, tiously as possible when a violation oc-
in a manner consistent with safety and curred; and
good air pollution control practices for (iii) The frequency, amount, and du-
minimizing emissions. The general ration of the violation (including any
duty to minimize emissions does not bypass) were minimized to the max-
require the owner or operator to make imum extent practicable; and
any further efforts to reduce emissions (iv) If the violation resulted from a
if levels required by the applicable bypass of control equipment or a proc-
standard have been achieved. Deter- ess, then the bypass was unavoidable to
mination of whether a source is oper- prevent loss of life, personal injury, or
ating in compliance with operation and severe property damage; and

maintenance requirements will be (v) All possible steps were taken to
based on information available to the minimize the impact of the violation
288
on ambient air quality, the environ- § 63.1311 Compliance dates and rela-
ment, and human health; and tionship of this subpart to existing
(vi) All emissions monitoring and applicable rules.
control systems were kept in operation (a) Affected sources are required to
if at all possible, consistent with safety achieve compliance on or before the
and good air pollution control prac- dates specified in paragraphs (b)
tices; and through (d) of this section. Paragraph
(vii) All of the actions in response to (e) of this section provides information
the violation were documented by on requesting compliance extensions.
properly signed, contemporaneous op- Paragraphs (f) through (n) of this sec-
erating logs; and tion discuss the relationship of this
(viii) At all times, the affected source subpart to subpart A of this part and to
was operated in a manner consistent other applicable rules. Where an over-
with good practices for minimizing ride of another authority of the Act is
emissions; and indicated in this subpart, only compli-
(ix) A written root cause analysis has ance with the provisions of this sub-
been prepared, the purpose of which is part is required. Paragraph (o) of this
to determine, correct, and eliminate section specifies the meaning of time
the primary causes of the malfunction periods.
and the violation resulting from the (b) New affected sources that com-
malfunction event at issue. The anal- mence construction or reconstruction
ysis shall also specify, using best moni- after March 29, 1995 shall be in compli-
toring methods and engineering judg- ance with this subpart (except
ment, the amount of any emissions § 63.1331(a)(9)(iii)) upon initial start-up
that were the result of the malfunc- or by June 19, 2000, whichever is later,
tion. except that new affected sources whose
(2) Report. The owner or operator primary product, as determined using
seeking to assert an affirmative de- the procedures specified in § 63.1310(f),
fense shall submit a written report to is PET shall be in compliance with
the Administrator, with all necessary § 63.1331 (except § 63.1331(a)(9)(iii)) upon
supporting documentation, that ex- initial start-up or August 6, 2002,
plains how it has met the requirements whichever is later. New affected
set forth in paragraph (k)(1) of this sec- sources that commenced construction
tion. This affirmative defense report or reconstruction after March 25, 1995,
shall be included in the first periodic but on or before January 9, 2012, shall
compliance report, deviation report, or be in compliance with the pressure re-
excess emission report otherwise relief device monitoring requirements of
quired after the initial occurrence of § 63.1331(a)(9)(iii) no later than March
the violation of the relevant standard 27, 2017. New affected sources that com-
(which may be the end of any applica- menced construction or reconstruction
ble averaging period). If such compli- after January 9, 2012, shall be in com-
ance report, deviation report, or excess pliance with the pressure relief device
emission report is due less than 45 days monitoring requirements of
after the initial occurrence of the vio- § 63.1331(a)(9)(iii) upon initial startup or
lation, the affirmative defense report by March 27, 2014, whichever is later.
may be included in the second compli- (c) Existing affected sources shall be
ance report, deviation report, or excess in compliance with this subpart (except
emission report due after the initial for § 63.1331 for which compliance is
occurrence of the violation of the rel- covered by paragraph (d) of this sec-
evant standard. tion) no later than June 19, 2001, as pro-
[61 FR 48229, Sept. 12, 1996, as amended at 65 vided in § 63.6(c), unless an extension
FR 38094, June 19, 2000; 66 FR 36937, July 16, has been granted as specified in para-
2001; 71 FR 20460, Apr. 20, 2006; 79 FR 17363, graph (e) of this section, except that
Mar. 27, 2014] the compliance date for the provisions

contained in § 63.1329 is extended to
March 27, 2014, for existing affected
289
§ 63.1311 40 CFR Ch. I (7–1–16 Edition)
sources whose primary product, as de- in 30 days after receipt of the request,
termined using the procedures speci- the request shall be deemed approved.
fied in § 63.1310(f), is PET using a con- (3) If compliance with the compressor
tinuous terephthalic acid high vis- provisions of § 63.164 cannot reasonably
cosity multiple end finisher process. be achieved without a process unit
(d) Except as provided for in para- shutdown, the owner or operator shall
graphs (d)(1) through (7) of this section, achieve compliance no later than Sep-
existing affected sources shall be in tember 12, 1998. The owner or operator
compliance with § 63.1331 no later than who elects to use this provision shall
June 19, 2001, unless an extension has submit a request for a compliance ex-
been granted pursuant to paragraph (e) tension in accordance with the require-
of this section. ments of paragraph (d)(2)(iv) of this
(1) Compliance with the compressor section.
provisions of § 63.164 shall occur no (4) Compliance with the compressor
later than February 27, 1998, for any provisions of § 63.164 shall occur not
compressor meeting one or more of the later than September 12, 1999 for any
criteria in paragraphs (d)(1)(i) through compressor meeting one or more of the
(d)(1)(iv) of this section, if the work criteria in paragraphs (d)(4)(i) through
can be accomplished without a process (d)(4)(iii) of this section. The owner or
unit shutdown: operator who elects to use these provi-
(i) The seal system will be replaced; sions shall submit a request for an ex-
(ii) A barrier fluid system will be in- tension of compliance in accordance
stalled; with the requirements of paragraph
(iii) A new barrier fluid will be uti- (d)(2)(iv) of this section.
lized which requires changes to the ex-
(i) Compliance cannot be achieved
isting barrier fluid system; or
without replacing the compressor;
(iv) The compressor will be modified
(ii) Compliance cannot be achieved
to permit connecting the compressor to
without recasting the distance piece;
a fuel gas system or a closed vent sys-
or
tem or modified so that emissions from
the compressor can be routed to a proc- (iii) Design modifications are re-
ess. quired to connect to a closed-vent or
(2) Compliance with the compressor recovery system.
provisions of § 63.164 shall occur no (5) Compliance with the provisions of
later than March 12, 1998 for any com- § 63.170 shall occur no later than June
pressor meeting all the criteria in 19, 2001.
paragraphs (d)(2)(i) through (d)(2)(iv) of (6) Notwithstanding paragraphs (d)(1)
this section: through (5) of this section, existing af-
(i) The compressor meets one or more fected sources whose primary product,
of the criteria specified in paragraphs as determined using the procedures
(d)(1)(i) through (d)(1)(iv) of this sec- specified in § 63.1310(f), is PET shall be
tion; in compliance with § 63.1331 (except
(ii) The work can be accomplished § 63.1331(a)(9)(iii)) no later than August
without a process unit shutdown ; 6, 2002.
(iii) The additional time is actually (7) Compliance with the pressure re-
necessary due to the unavailability of lief device monitoring provisions of
parts beyond the control of the owner § 63.1331(a)(9)(iii) shall occur no later
or operator; and than March 27, 2017.
(iv) The owner or operator submits (e) Pursuant to Section 112(i)(3)(B) of
the request for a compliance extension the Act, an owner or operator may re-
to the appropriate Environmental Pro- quest an extension allowing the exist-
tection Agency (EPA) Regional Office ing affected source up to 1 additional
at the address listed in § 63.13 no later year to comply with Section 112(d)
than June 16, 1997. The request for a standards. For purposes of this subpart,
compliance extension shall contain the a request for an extension shall be sub-
information specified in mitted to the permitting authority as
§ 63.6(i)(6)(i)(A), (B), and (D). Unless the part of the operating permit applica-
EPA Regional Office objects to the re- tion or to the Administrator as a sepa-
quest for a compliance extension with- rate submittal or as part of the
290
Precompliance Report. Requests for ex- reduced burden earned through a qual-
tensions shall be submitted no later ity improvement program.
than 120 days prior to the compliance (h) After the compliance dates speci-
dates specified in paragraphs (b) fied in this section, a storage vessel
through (d) of this section, or as speci- that is assigned to an affected source
fied elsewhere in this subpart, except subject to this subpart and that is also
as provided in paragraph (e)(3) of this subject to the provisions of 40 CFR part
section. The dates specified in § 63.6(i) 60, subpart Kb, is required to comply
for submittal of requests for extensions only with the provisions of this sub-
shall not apply to this subpart. part. After the compliance dates speci-
(1) A request for an extension of com- fied in this section, said storage vessel
pliance shall include the data described shall no longer be subject to 40 CFR
in § 63.6(i)(6)(i) (A),(B), and (D). part 60, subpart Kb.
(2) The requirements in § 63.6(i)(8) (i)(1) Except as provided in para-
through § 63.6(i)(14) shall govern the re- graphs (i)(2) and (i)(3) of this section,
view and approval of requests for ex- after the compliance dates specified in
tensions of compliance with this sub- this section, affected sources producing
part. PET using a continuous terephthalic
(3) An owner or operator may submit acid process, producing PET using a
a compliance extension request after continuous dimethyl terephthalate
the date specified in paragraph (e) of process, or producing polystyrene resin
this section, provided that the need for using a continuous process subject to
the compliance extension arose after this subpart that are also subject to
that date, and the need arose due to the provisions of 40 CFR part 60, sub-
circumstances beyond reasonable con- part DDD, are required to comply only
trol of the owner or operator. This re- with the provisions of this subpart.
quest shall include, in addition to the After the compliance dates specified in
information specified in paragraph this section, said sources shall no
(e)(1) of this section, a statement of the longer be subject to 40 CFR part 60,
reasons additional time is needed and subpart DDD.
the date when the owner or operator (2) Existing affected sources pro-
first learned of the circumstances ne- ducing PET using a continuous tereph-
cessitating a request for compliance thalic acid high viscosity multiple end
extension under this paragraph (e)(3). finisher process shall continue to be
(f) Table 1 of this subpart specifies subject to 40 CFR 60.562–1(c)(2)(ii)(C).
the provisions of subpart A of this part Once said affected source becomes sub-
that apply and those that do not apply ject to and achieves compliance with
to owners and operators of affected § 63.1329(c) of this subpart, said affected
sources subject to this subpart. source is no longer subject to the pro-
(g)(1) After the compliance dates visions of 40 CFR part 60, subpart DDD.
specified in this section, an affected (3) Existing affected sources pro-
source subject to this subpart that is ducing PET using a continuous tereph-
also subject to the provisions of sub- thalic acid process, but not using a
part I of this part, is required to com- continuous terephthalic acid high vis-
ply only with the provisions of this cosity multiple end finisher process,
subpart. After the compliance dates that are subject to and complying with
specified in this section, said affected 40 CFR 60.562–1(c)(2)(ii)(B) shall con-
source shall no longer be subject to tinue to comply with said section. Ex-
subpart I of this part. isting affected sources producing PET
(2) Said affected sources that elected using a continuous dimethyl tereph-
to comply with subpart I of this part thalic process that are subject to and
through a quality improvement pro- complying with 40 CFR 60.562–
gram, as specified in § 63.175 or § 63.176 1(c)(1)(ii)(B) shall continue to comply
or both, may elect to continue these with said section.
programs without interruption as a (j) Owners or operators of affected
means of complying with this subpart. sources subject to this subpart that are
In other words, becoming subject to also subject to the provisions of sub-

this subpart does not restart or reset part Q of this part shall comply with
the ‘‘compliance clock’’ as it relates to both subparts.
291
§ 63.1311 40 CFR Ch. I (7–1–16 Edition)
(k) After the compliance dates speci- same heat exchange system(s) or waste
fied in this section, an affected source management unit(s) that are subject to
subject to this subpart that is also sub- this subpart.
ject to the provisions of 40 CFR part 60, (1) After the applicable compliance
subpart VV, is required to comply only date specified in this subpart, if a heat
with the provisions of this subpart. exchange system subject to this sub-
After the compliance dates specified in part is also subject to a standard iden-
this section, said source shall no longer tified in paragraphs (n)(1)(i) or (ii) of
be subject to 40 CFR part 60, subpart this section, compliance with the ap-
VV. plicable provisions of the standard
(l) After the compliance dates speci- identified in paragraphs (n)(1)(i) or (ii)
fied in this section, a distillation oper- of this section shall constitute compli-
ation that is assigned to an affected
ance with the applicable provisions of
source subject to this subpart that is
this subpart with respect to that heat
also subject to the provisions of 40 CFR
exchange system.
part 60, subpart NNN, is required to
comply only with the provisions of this (i) Subpart F of this part.
subpart. After the compliance dates (ii) A subpart of this part which re-
specified in this section, the distilla- quires compliance with § 63.104 (e.g.,
tion operation shall no longer be sub- subpart U of this part).
ject to 40 CFR part 60, subpart NNN. (2) After the applicable compliance
(m) Applicability of other regulations date specified in this subpart, if any
for monitoring, recordkeeping or reporting waste management unit subject to this
with respect to combustion devices, recov- subpart is also subject to a standard
ery devices, or recapture devices. After identified in paragraph (n)(2)(i) or (ii)
the compliance dates specified in this of this section, compliance with the ap-
subpart, if any combustion device, re- plicable provisions of the standard
covery device or recapture device sub- identified in paragraph (n)(2)(i) or (ii)
ject to this subpart is also subject to of this section shall constitute compli-
monitoring, recordkeeping, and report- ance with the applicable provisions of
ing requirements in 40 CFR part 264 this subpart with respect to that waste
subpart AA or CC, or is subject to mon- management unit.
itoring and recordkeeping require- (i) Subpart G of this part.
ments in 40 CFR part 265 subpart AA or (ii) A subpart of this part which re-
CC and the owner or operator complies quires compliance with §§ 63.132
with the periodic reporting require- through 63.147.
ments under 40 CFR part 264 subpart
(o) All terms in this subpart that de-
AA or CC that would apply to the de-
fine a period of time for completion of
vice if the facility had final-permitted
required tasks (e.g., weekly, monthly,
status, the owner or operator may
quarterly, annual), unless specified
elect to comply either with the moni-
otherwise in the section or paragraph
toring, recordkeeping and reporting re-
quirements of this subpart, or with the that imposes the requirement, refer to
monitoring, recordkeeping and report- the standard calendar periods.
ing requirements in 40 CFR parts 264 (1) Notwithstanding time periods
and/or 265, as described in this para- specified in this subpart for completion
graph, which shall constitute compli- of required tasks, such time periods
ance with the monitoring, record- may be changed by mutual agreement
keeping and reporting requirements of between the owner or operator and the
this subpart. The owner or operator Administrator, as specified in subpart
shall identify which option has been se- A of this part (e.g., a period could begin
lected in the Notification of Compli- on the compliance date or another
ance Status required by § 63.1335(e)(5). date, rather than on the first day of the
(n) Applicability of other requirements standard calendar period). For each
for heat exchange systems or waste man- time period that is changed by agree-
agement units. Paragraphs (n)(1) and ment, the revised period shall remain
(n)(2) of this section address instances in effect until it is changed. A new re-
in which certain requirements from quest is not necessary for each recur-
other regulations also apply for the ring period.
292
(2) Where the period specified for Connector (§ 63.161)

compliance is a standard calendar pe- Continuous monitoring system (§ 63.2)
riod, if the initial compliance date oc- Distillation unit (§ 63.111)
curs after the beginning of the period, Duct work (§ 63.161)
Emission limitation (Section 302(k) of the
compliance shall be required according Act)
to the schedule specified in paragraphs Emission standard (§ 63.2)
(o)(2)(i) or (o)(2)(ii) of this section, as Emissions averaging (§ 63.2)
appropriate. EPA (§ 63.2)
(i) Compliance shall be required be- Equipment leak (§ 63.101)
fore the end of the standard calendar External floating roof (§ 63.111)
period within which the compliance Fill or filling (§ 63.111)
deadline occurs, if there remain at First attempt at repair (§ 63.161)
least 3 days for tasks that must be per- Fixed capital cost (§ 63.2)
formed weekly, at least 2 weeks for Flame zone (§ 63.111)
Floating roof (§ 63.111)
tasks that must be performed monthly, Flow indicator (§ 63.111)
at least 1 month for tasks that must be Fuel gas system (§ 63.101)
performed each quarter, or at least 3 Halogens and hydrogen halides (§ 63.111)
months for tasks that must be per- Hard-piping (§ 63.111)
formed annually; or Hazardous air pollutant (§ 63.2)
(ii) In all other cases, compliance Impurity (§ 63.101)
shall be required before the end of the In organic hazardous air pollutant service or
first full standard calendar period after in organic HAP service (§ 63.161)
the period within which the initial Incinerator (§ 63.111)
compliance deadline occurs. Instrumentation system (§ 63.161)
Internal floating roof (§ 63.111)
(3) In all instances where a provision
Lesser quantity (§ 63.2)
of this subpart requires completion of a Major source (§ 63.2)
task during each of multiple successive Malfunction (§ 63.2)
periods, an owner or operator may per- Oil-water separator or organic-water sepa-
form the required task at any time rator (§ 63.111)
during the specified period, provided Open-ended valve or line (§ 63.161)
that the task is conducted at a reason- Operating permit (§ 63.101)
able interval after completion of the Organic monitoring device (§ 63.111)
task during the previous period. Owner or operator (§ 63.2)
Performance evaluation (§ 63.2)
[61 FR 48229, Sept. 12, 1996, as amended at 62 Performance test (§ 63.2)
FR 1838, Jan. 14, 1997; 62 FR 30995, June 6, Permitting authority (§ 63.2)
1997; 63 FR 9945, Feb. 27, 1998; 63 FR 15315, Plant site (§ 63.101)
Mar. 31, 1998; 64 FR 11547, Mar. 9, 1999; 64 FR Potential to emit (§ 63.2)
30409, June 8, 1999; 64 FR 35028, June 30, 1999; Pressure release (§ 63.161)
65 FR 38100, June 19, 2000; 66 FR 11236, Feb. Pressure relief device or valve (§ 63.161)
23, 2001; 66 FR 11546, Feb. 26, 2001; 66 FR 36937, Primary fuel (§ 63.111)
July 16, 2001; 66 FR 40907, Aug. 6, 2001; 79 FR Process heater (§ 63.111)
17364, Mar. 27, 2014] Process unit shutdown (§ 63.161)
Process wastewater (§ 63.101)
§ 63.1312 Definitions. Process wastewater stream (§ 63.111)
(a) The following terms used in this Reactor (§ 63.111)
subpart shall have the meaning given Recapture device (§ 63.101)
Repaired (§ 63.161)
them in § 63.2, § 63.101, § 63.111, § 63.161, Research and development facility (§ 63.101)
or the Act, as specified after each term: Routed to a process or route to a process
Act (§ 63.2) (§ 63.161)
Administrator (§ 63.2) Run (§ 63.2)
Automated monitoring and recording system Secondary fuel (§ 63.111)
(§ 63.111) Sensor (§ 63.161)
Boiler (§ 63.111) Specific gravity monitoring device (§ 63.111)
Bottoms receiver (§ 63.161) State (§ 63.2)
By compound (§ 63.111) Stationary Source (§ 63.2)
By-product (§ 63.101) Surge control vessel (§ 63.161)
Car-seal (§ 63.111) Temperature monitoring device (§ 63.111)
Test method (§ 63.2)
Closed-vent system (§ 63.111)

Combustion device (§ 63.111) Treatment process (§ 63.111)
Commenced (§ 63.2) Unit operation (§ 63.101)
Compliance date (§ 63.2) Visible emission (§ 63.2)
293
§ 63.1312 40 CFR Ch. I (7–1–16 Edition)
(b) All other terms used in this sub- with the exceptions noted in § 63.1330,
part shall have the meaning given for the purposes of this subpart.
them in this section. If a term is de- Annual average flow rate, as used in
fined in § 63.2, § 63.101, § 63.111, or § 63.161 the wastewater provisions, means the
and in this section, it shall have the annual average flow rate, as deter-
meaning given in this section for pur- mined according to the procedures
poses of this subpart. specified in § 63.144(c), with the excep-
Acrylonitrile butadiene styrene latex tions noted in § 63.1330, for the purposes
resin (ABS latex) means ABS produced of this subpart.
through an emulsion process; however, Average batch vent concentration is de-
the product is not coagulated or dried termined by the procedures in
as typically occurs in an emulsion § 63.1323(b)(5)(iii) for HAP concentra-
process. tions and is determined by the proce-
Acrylonitrile butadiene styrene resin dures in § 63.1323(h)(1)(iii) for organic
(ABS) means styrenic terpolymers con- compounds containing halogens and
sisting primarily of acrylonitrile, 1,3- hydrogen halides.
butadiene, and styrene monomer units. Average batch vent flow rate is deter-
ABS is usually composed of a styrene- mined by the procedures in
acrylonitrile copolymer continuous § 63.1323(e)(1) and (e)(2).
phase with dispersed butadiene derived Batch cycle means the operational
rubber. step or steps, from start to finish, that
Acrylonitrile styrene acrylate resin occur as part of a batch unit operation.
(ASA) means a resin formed using Batch emission episode means a dis-
acrylic ester-based elastomers to im- crete emission venting episode associ-
pact-modify styrene acrylonitrile resin ated with a single batch unit oper-
matrices. ation. Multiple batch emission episodes
Affected source is defined in may occur from a single batch unit op-
§ 63.1310(a). eration.
Affirmative defense means in the con- Batch mass input limitation means an
text of an enforcement proceeding, a enforceable restriction on the total
response or defense put forward by a mass of HAP or material that can be
defendant, regarding which the defend- input to a batch unit operation in one
ant has the burden of proof, and the year.
merits of which are independently and Batch mode means the discontinuous
objectively evaluated in a judicial or bulk movement of material through a
administrative proceeding. unit operation. Mass, temperature,
Aggregate batch vent stream means a concentration, and other properties
gaseous emission stream containing may vary with time. For a unit oper-
only the exhausts from two or more ation operated in a batch mode (i.e.,
batch process vents that are ducted, batch unit operation), the addition of
hardpiped, or otherwise connected to- material and withdrawal of material do
gether for a continuous flow. not typically occur simultaneously.
Alpha methyl styrene acrylonitrile resin Batch process means, for the purposes
(AMSAN) means copolymers consisting of this subpart, a process where the re-
primarily of alpha methyl styrene and actor(s) is operated in a batch mode.
acrylonitrile. Batch process vent means a process
Annual average batch vent concentra- vent with annual organic HAP emis-
tion is determined using Equation 1, as sions greater than 225 kilograms per
described in § 63.1323(h)(2) for halo- year from a batch unit operation with-
genated compounds. in an affected source. Annual organic
Annual average batch vent flow rate is HAP emissions are determined as spec-
determined by the procedures in ified in § 63.1323(b) at the location speci-
§ 63.1323(e)(3). fied in § 63.1323(a)(2).
Annual average concentration, as used Batch unit operation means a unit op-
in the wastewater provisions, means eration operated in a batch mode.
the flow-weighted annual average con- Combined vent stream, as used in ref-
centration, as determined according to erence to batch process vents, contin-
the procedures specified in § 63.144(b), uous process vents, and aggregate
294
batch vent streams, means the emis- Continuous recorder means a data re-
sions from a combination of two or cording device that either records an
more of the aforementioned types of instantaneous data value at least once
process vents. The primary occurrence every 15 minutes or records 1-hour or
of a combined vent stream is the com- more frequent block average values.
bined emissions from a continuous Continuous unit operation means a
process vent and a batch process vent. unit operation operated in a contin-
Combustion device burner means a de- uous mode.
vice designed to mix and ignite fuel Control device is defined in § 63.111, ex-
and air to provide a flame to heat and cept that the term ‘‘continuous process
oxidize waste organic vapors in a com- vents subject to § 63.1315’’ shall apply
bustion device. instead of the term ‘‘process vents,’’
Compounding unit means a unit oper- for the purpose of this subpart.
ation which blends, melts, and resolidi- Drawing unit means a unit operation
fies solid polymers for the purpose of which converts polymer into a dif-
incorporating additives, colorants, or ferent shape by melting or mixing the
stabilizers into the final thermoplastic polymer and then pulling it through an
product. A unit operation whose pri- orifice to create a continuously ex-
mary purpose is to remove residual truded product.
monomers from polymers is not a Emission point means an individual
compounding unit. continuous process vent, batch process
Construction means the on-site fab- vent, storage vessel, waste manage-
rication, erection, or installation of an ment unit, equipment leak, heat ex-
affected source. Construction also change system, or process contact cool-
means the on-site fabrication, erection, ing tower, or equipment subject to
or installation of a process unit or § 63.149.
combination of process units which Emulsion process means a process
subsequently becomes an affected where the monomer(s) is dispersed in
source or part of an affected source, droplets throughout the water phase
due to a change in primary product. with the aid of an emulsifying agent
Continuous mode means the contin- such as soap or a synthetic emulsifier.
uous movement of material through a The polymerization occurs either with-
unit operation. Mass, temperature, in the emulsion droplet or in the aque-
concentration, and other properties ous phase.
typically approach steady-state condi- Equipment means, for the purposes of
tions. For a unit operation operated in the provisions in § 63.1331 and the re-
a continuous mode (i.e., continuous quirements in subpart H that are re-
unit operation), the simultaneous addi- ferred to in § 63.1331, each pump, com-
tion of raw material and withdrawal of pressor, agitator, pressure relief device,
product is typical. sampling connection system, open-
Continuous process means, for the pur- ended valve or line, valve, connector,
poses of this subpart, a process where surge control vessel, bottoms receiver,
the reactor(s) is operated in a contin- and instrumentation system in organic
uous mode. hazardous air pollutant service; and
Continuous process vent means a proc- any control devices or systems re-
ess vent containing greater than 0.005 quired by subpart H of this part.
weight percent total organic HAP from Existing affected source is defined in
a continuous unit operation within an § 63.1310(a)(3).
affected source. The total organic HAP Existing process unit means any proc-
weight percent is determined after the ess unit that is not a new process unit.
last recovery device, as described in Expandable polystyrene resin (EPS)
§ 63.115(a), and is determined as speci- means a polystyrene bead to which a
fied in § 63.115(c). blowing agent has been added using ei-
Continuous record means documenta- ther an in-situ suspension process or a
tion, either in hard copy or computer post-impregnation suspension process.
readable form, of data values measured Extruding unit means a unit operation
at least once every 15 minutes and re- which converts polymer into a dif-
corded at the frequency specified in ferent shape by melting or mixing the
§ 63.1335(d) or § 63.1335(h). polymer and then forcing it through an
295
§ 63.1312 40 CFR Ch. I (7–1–16 Edition)
orifice to create a continuously ex- Group 1 wastewater stream means a

truded product. wastewater stream consisting of proc-
Flexible operation unit means a process wastewater from an existing or new
ess unit that manufactures different affected source that meets the criteria
chemical products, polymers, or resins for Group 1 status in § 63.132(c) and/or
periodically by alternating raw mate- that meets the criteria for Group 1 sta-
rials or operating conditions. These tus in § 63.132(d), with the exceptions
units are also referred to as campaign listed in § 63.1330(b)(8) for the purposes
plants or blocked operations. of this subpart (i.e., for organic HAP as
Group 1 batch process vent means a defined in this section).
batch process vent releasing annual or- Group 2 wastewater stream means any
ganic HAP emissions greater than the process wastewater stream that does
level specified in § 63.1323(d) and with a not meet the definition of a Group 1
cutoff flow rate, calculated in accord- wastewater stream.
ance with § 63.1323(f), greater than or Halogenated aggregate batch vent
equal to the annual average batch vent stream means an aggregate batch vent
flow rate. Annual organic HAP emis- stream determined to have a total
sions and annual average batch vent mass emission rate of halogen atoms
flow rate are determined at the exit of contained in organic compounds of
the batch unit operation, as described 3,750 kilograms per year or greater de-
in § 63.1323(a)(2). Annual organic HAP termined by the procedures specified in
emissions are determined as specified § 63.1323(h).
in § 63.1323(b), and annual average batch Halogenated batch process vent means
vent flow rate is determined as speci- a batch process vent determined to
fied in § 63.1323(e). have a mass emission rate of halogen
atoms contained in organic compounds
Group 2 batch process vent means a
of 3,750 kilograms per year or greater
batch process vent that does not fall
determined by the procedures specified
within the definition of a Group 1
in § 63.1323(h).
batch process vent.
Halogenated continuous process vent
Group 1 continuous process vent means means a continuous process vent deter-
a continuous process vent releasing a mined to have a mass emission rate of
gaseous emission stream that has a halogen atoms contained in organic
total resource effectiveness index compounds of 0.45 kilograms per hour
value, calculated according to § 63.115, or greater determined by the proce-
less than or equal to 1.0 unless the con- dures specified in § 63.115(d)(2)(v).
tinuous process vent is associated with Heat exchange system means any cool-
existing thermoplastic product process ing tower system or once-through cool-
units that produce methyl methacry- ing water system (e.g., river or pond
late butadiene styrene resin, then said water) designed and intended to oper-
vent falls within the Group 1 definition ate to not allow contact between the
if the released emission stream has a cooling medium and process fluid or
total resource effectiveness index value gases (i.e., a noncontact system). A
less than or equal to 3.7. heat exchange system can include more
Group 2 continuous process vent means than one heat exchanger and can in-
a continuous process vent that does clude recirculating or once-through
not fall within the definition of a cooling systems.
Group 1 continuous process vent. Highest-HAP recipe for a product
Group 1 storage vessel means a storage means the recipe of the product with
vessel at an existing affected source the highest total mass of HAP charged
that meets the applicability criteria to the reactor during the production of
specified in Table 2 or Table 3 of this a single batch of product.
subpart, or a storage vessel at a new af- Initial start-up means the first time a
fected source that meets the applica- new or reconstructed affected source
bility criteria specified in Table 4 or begins production of a thermoplastic
Table 5 of this subpart. product, or, for equipment added or
Group 2 storage vessel means a storage changed as described in § 63.1310(i), the

vessel that does not fall within the def- first time the equipment is put into op-
inition of a Group 1 storage vessel. eration to produce a thermoplastic
296
product. Initial start-up does not in- product material is recovered for re-
clude operation solely for testing turn to the TPPU, or sale, or provided
equipment. Initial start-up does not in- that some of the separated material is
clude subsequent start-ups of an af- sent for off-site purification or treat-
fected source or portion thereof fol- ment with the intent to recover the
lowing malfunctions or shutdowns or unreacted or by-product material for
following changes in product for flexi- reuse. Otherwise, such equipment is to
ble operation units or following re- be assigned to one of the other process
charging of equipment in batch oper- sections, as appropriate. If equipment
ation. Further, for purposes of § 63.1311 is used to recover unreacted or by-
and § 63.1331, initial start-up does not product material and return it directly
include subsequent start-ups of af- to the same piece of process equipment
fected sources or portions thereof fol- from which it was emitted, then that
lowing malfunctions or process unit recovery equipment is considered part
shutdowns. of the process section that contains the
Maintenance wastewater is defined in process equipment. On the other hand,
§ 63.101, except that the term ‘‘thermo- if equipment is used to recover
plastic product process unit’’ shall unreacted or by-product material and
apply wherever the term ‘‘chemical return it to a different piece of process
manufacturing process unit’’ is used. equipment in the same process section,
Further, the generation of wastewater that recovery equipment is considered
from the routine rinsing or washing of part of a material recovery section.
equipment in batch operation between Equipment used for the on-site recov-
batches is not maintenance waste- ery of ethylene glycol from PET
water, but is considered to be process plants, however, is not included in the
wastewater, for the purposes of this material recovery section; such equip-
subpart. ment is to be included in the polym-
Mass process means a polymerization erization reaction section. Equipment
process carried out through the use of used for the on-site recovery of both
thermal energy. Mass processes do not
ethylene glycol and any other mate-
utilize emulsifying or suspending
rials from PET plants is not included
agents, but may utilize catalysts or
in the material recovery section; this
other additives.
equipment is to be included in the po-
Material recovery section means, for
lymerization reaction section. Such
PET plants, the equipment that recov-
equipment includes both contact and
ers by-product methanol from any
non-contact condensers removing
process section for use, reuse, or sale,
ethylene glycol from vapor streams
or the equipment that separates mate-
coming out of polymerization vessels.
rials containing by-product methanol
from any process section for off-site Maximum true vapor pressure is de-
purification or treatment with the in- fined in § 63.111, except that the terms
tent to recover methanol for reuse. For ‘‘transfer’’ or ‘‘transferred’’ shall not
polystyrene plants, material recovery apply for purposes of this subpart.
section means the equipment that re- Methyl methacrylate acrylonitrile buta-
covers unreacted styrene from any diene styrene resin (MABS) means
process section for use, reuse, or sale, styrenic polymers containing methyl
or the equipment that separates mate- methacrylate, acrylonitrile, butadiene,
rials containing unreacted styrene and styrene. MABS is prepared by dis-
from any process section for off-site solving or dispersing polybutadiene
purification or treatment with the in- rubber in a mixture of methyl meth-
tent to recover styrene for reuse. acrylate-acrylonitrile-styrene and bu-
Equipment used to store recovered ma- tadiene monomer. The graft polym-
terials (i.e., ethylene glycol, methanol, erization is carried out by a bulk or a
or styrene) is not included. Equipment suspension process.
designed to recover or separate mate- Methyl methacrylate butadiene styrene
rials from the polymer product is to be resin (MBS) means styrenic polymers
included in this process section, pro- containing methyl methacrylate, buta-

vided that at the time of initial com- diene, and styrene. Production of MBS
pliance some of the unreacted or by- is achieved using an emulsion process
297
§ 63.1312 40 CFR Ch. I (7–1–16 Edition)
in which methyl methacrylate and sty- hydroxyethyl)-terephthalate that is

rene are grafted onto a styrene-buta- subsequently polymerized to form PET.
diene rubber. Poly(ethylene terephthalate) resin
Multicomponent system means, as used (PET) means a polymer or copolymer
in conjunction with batch process comprised of at least 50 percent bis-(2-
vents, a stream whose liquid and/or hydroxyethyl)-terephthalate by
vapor contains more than one com- weight.
pound. Polymerization reaction section means
New process unit means a process unit the equipment designed to cause mon-
for which the construction or recon- omer(s) to react to form polymers, in-
struction commenced after March 29, cluding equipment designed primarily
1995. to cause the formation of short poly-
Nitrile resin means a resin produced mer chains (e.g., oligomers or low mo-
through the polymerization of acrylo- lecular weight polymers), but not in-
nitrile, methyl acrylate, and butadiene cluding equipment designed to prepare
latex using an emulsion process. raw materials for polymerization (e.g.,
esterification vessels). For the pur-
On-site or On site means, with respect
poses of these standards, the polym-
to records required to be maintained by
erization reaction section begins with
this subpart or required by another
the equipment used to transfer the ma-
subpart referenced by this subpart,
terials from the raw materials prepara-
that records are stored at a location
tion section and ends with the last ves-
within a major source which encom-
sel in which polymerization occurs.
passes the affected source. On-site in-
Equipment used for the on-site recov-
cludes, but is not limited to, storage at
ery of ethylene glycol from PET plants
the affected source or TPPU to which
is included in this process section,
the records pertain, or storage in cen-
rather than in the material recovery
tral files elsewhere at the major
process section.
source.
Polystyrene resin means a thermo-
Operating day means the period de- plastic polymer or copolymer com-
fined by the owner or operator in the prised of at least 80 percent styrene or
Notification of Compliance Status re- para-methylstyrene by weight.
quired by § 63.1335(e)(5). The operating Primary product is defined in and de-
day is the period for which daily aver- termined by the procedures specified in
age monitoring values and batch cycle § 63.1310(f).
daily average monitoring values are Process contact cooling tower system
determined. means a cooling tower system that is
Organic hazardous air pollutant(s) (or- designed and operated to allow contact
ganic HAP) means one or more of the between the cooling medium and proc-
chemicals listed in Table 6 of this sub- ess fluid or gases.
part or any other chemical which is: Process section means the equipment
(1) Knowingly produced or introduced designed to accomplish a general but
into the manufacturing process other well-defined task in polymers produc-
than as an impurity; and tion. Process sections include, but are
(2) Listed in Table 2 of subpart F of not limited to, raw materials prepara-
this part. tion, polymerization reaction, and ma-
PET using a dimethyl terephthalate terial recovery. A process section may
process means the manufacturing of be dedicated to a single TPPU or com-
PET based on the esterification of di- mon to more than one TPPU.
methyl terephthalate with ethylene Process unit means a collection of
glycol to form the intermediate mon- equipment assembled and connected by
omer bis-(2-hydroxyethyl)- hardpiping or duct work, used to proc-
terephthalate that is subsequently po- ess raw materials and to manufacture a
lymerized to form PET. product.
PET using a terephthalic acid process Process vent means a gaseous emis-
means the manufacturing of PET based sion stream from a unit operation that
on the esterification reaction of ter- is discharged to the atmosphere either

ephthalic acid with ethylene glycol to directly or after passing through one or
form the intermediate monomer bis-(2- more control, recovery, or recapture
298
devices. Unit operations that may have Recipe means a specific composition,
process vents are condensers, distilla- from among the range of possible com-
tion units, reactors, or other unit oper- positions that may occur within a
ations within the TPPU. Process vents product, as defined in this section. A
exclude pressure releases, gaseous recipe is determined by the proportions
streams routed to a fuel gas system(s), of monomers and, if present, other
and leaks from equipment regulated reactants and additives that are used
under § 63.1331. A gaseous emission to make the recipe. For example, acry-
stream is no longer considered to be a lonitrile butadiene styrene latex resin
process vent after the stream has been (ABS latex) without additives; ABS
controlled and monitored in accord- latex with an additive; and ABS latex
ance with the applicable provisions of with different proportions of acrylo-
this subpart. nitrile to butadiene are all different
Product means a polymer produced recipes of the same product, ABS latex.
using the same monomers and varying Reconstruction means the replace-
in additives (e.g., initiators, termi- ment of components of an affected
nators, etc.); catalysts; or in the rel- source or of a previously unaffected
ative proportions of monomers, that is stationary source that becomes an af-
manufactured by a process unit. With fected source as a result of the replace-
respect to polymers, more than one ment, to such an extent that:
recipe may be used to produce the same (1) The fixed capital cost of the new
product. As an example, styrene acry- components exceeds 50 percent of the
lonitrile resin and methyl methacry- fixed capital cost that would be re-
late butadiene styrene resin each rep- quired to construct a comparable new
resent a different product. Product also source; and
means a chemical that is not a poly- (2) It is technologically and economi-
mer, that is manufactured by a process cally feasible for the reconstructed
unit. By-products, isolated intermedi- source to meet the provisions of this
ates, impurities, wastes, and trace con- subpart.
taminants are not considered products. Recovery device means:
Raw materials preparation section (1) An individual unit of equipment
means the equipment at a polymer capable of and normally used for the
manufacturing plant designed to pre- purpose of recovering chemicals for:
pare raw materials, such as monomers (i) Use;
and solvents, for polymerization. For (ii) Reuse;
the purposes of the standards in this (iii) Fuel value (i.e., net heating
subpart, this process section includes value); or
the equipment used to transfer raw ma- (iv) For sale for use, reuse, or fuel
terials from storage and/or the equip- value (i.e., net heating value).
ment used to transfer recovered mate- (2) Examples of equipment that may
rial from the material recovery process be recovery devices include absorbers,
sections to the raw material prepara- carbon adsorbers, condensers, oil-water
tion section, and ends with the last separators or organic-water separators,
piece of equipment that prepares the or organic removal devices such as de-
material for polymerization. The raw canters, strippers, or thin-film evapo-
materials preparation section may in- ration units. For the purposes of the
clude equipment that is used to purify, monitoring, recordkeeping, or report-
dry, or otherwise treat raw materials ing requirements of this subpart, re-
or raw and recovered materials to- capture devices are considered recov-
gether; to activate catalysts; or to pro- ery devices.
mote esterification including the for- Recovery operations equipment means
mation of some short polymer chains the equipment used to separate the
(oligomers). The raw materials prepa- components of process streams. Recov-
ration section does not include equip- ery operations equipment includes dis-
ment that is designed primarily to ac- tillation units, condensers, etc. Equip-
complish the formation of oligomers, ment used for wastewater treatment
the treatment of recovered materials and recovery or recapture devices used

alone, or the storage of raw or recov- as control devices shall not be consid-
ered materials. ered recovery operations equipment.
299
§ 63.1312 40 CFR Ch. I (7–1–16 Edition)
Residual is defined in § 63.111, except Storage vessel means a tank or other

that when the definition in § 63.111 uses vessel that is used to store liquids that
the term ‘‘Table 9 compounds,’’ the contain one or more organic HAP.
term ‘‘organic HAP listed in Table 6 of Storage vessels do not include:
subpart JJJ’’ shall apply for purposes (1) Vessels permanently attached to
of this subpart. motor vehicles such as trucks, railcars,
Shutdown means for purposes includ- barges, or ships;
ing, but not limited to, periodic main- (2) Pressure vessels designed to oper-
tenance, replacement of equipment, or ate in excess of 204.9 kilopascals and
repair, the cessation of operation of an without emissions to the atmosphere;
affected source, a TPPU(s) within an (3) Vessels with capacities smaller
affected source, a waste management than 38 cubic meters;
unit or unit operation within an af- (4) Vessels and equipment storing
fected source, or equipment required or and/or handling material that contains
used to comply with this subpart, or no organic HAP and/or organic HAP as
the emptying or degassing of a storage impurities only;
vessel. For purposes of the wastewater (5) Wastewater storage tanks; and
provisions of § 63.1330, shutdown does (6) Surge control vessels and bottoms
not include the routine rinsing or receivers.
washing of equipment in batch oper- Styrene acrylonitrile resin (SAN) means
ation between batches. For purposes of copolymers consisting primarily of sty-
the batch process vent provisions in rene and acrylonitrile monomer units.
§§ 63.1321 through 63.1327, the cessation Supplemental combustion air means
of equipment in batch operation is not the air that is added to a vent stream
a shutdown, unless the equipment un- after the vent stream leaves the unit
dergoes maintenance, is replaced, or is operation. Air that is part of the vent
repaired. stream as a result of the nature of the
Solid state polymerization process unit operation is not considered supple-
means a unit operation which, through mental combustion air. Air required to
the application of heat, furthers the operate combustion device burner(s) is
polymerization (i.e., increases the in- not considered supplemental combus-
trinsic viscosity) of polymer chips. tion air. Air required to ensure the
Start-up means the setting into oper- proper operation of catalytic oxidizers,
ation of an affected source, a TPPU(s) to include the intermittent addition of
within an affected source, a waste man- air upstream of the catalyst bed to
agement unit or unit operation within maintain a minimum threshold flow
an affected source, or equipment re- rate through the catalyst bed or to
quired or used to comply with this sub- avoid excessive temperatures in the
part, or a storage vessel after emptying catalyst bed, is not considered to be
and degassing. For both continuous supplemental combustion air.
and batch processes, start-up includes Suspension process means a polym-
initial start-up and operation solely for erization process where the mon-
testing equipment. For both contin- omer(s) is in a state of suspension, with
uous and batch processes, start-up does the help of suspending agents, in a me-
not include the recharging of equip- dium other than water (typically an or-
ment in batch operation. For contin- ganic solvent). The resulting polymers
uous processes, start-up includes tran- are not soluble in the reactor medium.
sitional conditions due to changes in Thermoplastic product means one of
product for flexible operation units. the following types of products:
For batch processes, start-up does not (1) ABS latex;
include transitional conditions due to (2) ABS using a batch emulsion proc-
changes in product for flexible oper- ess;
ation units. (3) ABS using a batch suspension
Steady-state conditions means that all process;
variables (temperatures, pressures, vol- (4) ABS using a continuous emulsion
umes, flow rates, etc.) in a process do process;
not vary significantly with time; minor (5) ABS using a continuous mass
fluctuations about constant mean val- process;
ues may occur. (6) ASA/AMSAN;
300
(7) EPS; tains halogenated compounds), as

(8) MABS; quantified by the equations given
(9) MBS; under § 63.115.
(10) nitrile resin; Vent stream, as used in reference to
(11) PET using a batch dimethyl batch process vents, continuous proc-
terephthalate process; ess vents, and aggregate batch vent
(12) PET using a batch terephthalic streams, means the emissions from one
acid process; or more process vents.
(13) PET using a continuous dimethyl Waste management unit is defined in
terephthalate process; § 63.111, except that where the defini-
(14) PET using a continuous tereph- tion in § 63.111 uses the term ‘‘chemical
thalic acid process; manufacturing process unit,’’ the term
(15) PET using a continuous tereph- ‘‘TPPU’’ shall apply for purposes of
thalic acid high viscosity multiple end this subpart.
finisher process; Wastewater means water that:
(16) Polystyrene resin using a batch (1) Contains either:
process; (i) An annual average concentration
(17) Polystyrene resin using a contin- of organic HAP listed on Table 6 of this
uous process; subpart, except for ethylene glycol, of
(18) SAN using a batch process; or at least 5 parts per million by weight
(19) SAN using a continuous process. and has an annual average flow rate of
Thermoplastic product process unit 0.02 liter per minute or greater; or
(TPPU) means a collection of equip- (ii) An annual average concentration
ment assembled and connected by of organic HAP listed on Table 6 of this
hard-piping or ductwork, used to proc- subpart, except for ethylene glycol, of
ess raw materials and to manufacture a at least 10,000 parts per million by
thermoplastic product as its primary weight at any flow rate; and
product. This collection of equipment (2) Is discarded from a TPPU that is
includes unit operations; recovery op- part of an affected source. Wastewater
erations equipment, process vents; is process wastewater or maintenance
equipment identified in § 63.149; storage wastewater.
vessels, as determined in § 63.1310(g); Wastewater stream means a stream
and the equipment that is subject to that contains wastewater as defined in
the equipment leak provisions as speci- this section.
fied in § 63.1331. Utilities, lines and
equipment not containing process [61 FR 48229, Sept. 12, 1996, as amended at 64
fluids, and other non-process lines, FR 11547, Mar. 9, 1999; 65 FR 38102, June 19,
such as heating and cooling systems 2000; 66 FR 36937, July 16, 2001; 79 FR 17364,
Mar. 27, 2014]
which do not combine their materials
with those in the processes they serve, § 63.1313 Emission standards.
are not part of the thermoplastic prod-
uct process unit. A thermoplastic prod- (a) Except as allowed under para-
uct process unit consists of more than graphs (b) through (d) of this section,
one unit operation. the owner or operator of an existing or
Total organic compounds (TOC) means new affected source shall comply with
those compounds excluding methane the provisions in:
and ethane measured according to the (1) Section 63.1314 for storage vessels;
procedures of Method 18 or Method 25A, (2) Section 63.1315, or §§ 63.1316
40 CFR part 60, appendix A. through 63.1320, as appropriate, for con-
Total resource effectiveness index value tinuous process vents;
or TRE index value means a measure of (3) Section 63.1321 for batch process
the supplemental total resource re- vents;
quirement per unit reduction organic (4) Section 63.1328 for heat exchange
HAP associated with a continuous systems;
process vent stream, based on vent (5) Section 63.1329 for process contact
stream flow rate, emission rate of or- cooling towers;
ganic HAP, net heating value, and cor- (6) Section 63.1330 for wastewater;
rosion properties (whether or not the (7) Section 63.1331 for equipment
continuous process vent stream con- leaks;
301
§ 63.1313 40 CFR Ch. I (7–1–16 Edition)
(8) Section 63.1333 for additional test with the first applicable set of require-
methods and procedures; ments identified in paragraphs (b)(2)(i)
(9) Section 63.1334 for parameter mon- through (b)(2)(vi) of this section con-
itoring levels and excursions; and stitutes compliance with all other re-
(10) Section 63.1335 for general record- quirements in paragraphs (b)(2)(i)
keeping and reporting requirements. through (b)(2)(vi) of this section appli-
(b) When emissions of different kinds cable to other types of emissions in the
(i.e., emissions from continuous proc- combined stream.
ess vents subject to either § 63.1315 or (i) The requirements of this subpart
§§ 63.1316 through 63.1320, batch process for Group 1 continuous process vents
vents, aggregate batch vent streams, subject to § 63.1315, including applicable
storage vessels, process wastewater, monitoring, recordkeeping, and report-
and/or in-process equipment subject to
ing;
§ 63.149) are combined, and at least one
(ii) The requirements of
of the emission streams would be clas-
sified as Group 1 in the absence of com- § 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii),
bination with other emission streams, § 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or
the owner or operator shall comply § 63.1316(c)(1), excluding
with the requirements of either para- § 63.1316(c)(1)(ii), as appropriate, for
graph (b)(1) or (b)(2) of this section, as control of emissions from continuous
appropriate. For purposes of this para- process vents subject to the control re-
graph (b), combined emission streams quirements of § 63.1316, including appli-
containing one or more batch process cable monitoring, recordkeeping, and
vents and containing one or more con- reporting requirements;
tinuous process vents subject to (iii) The requirements of § 63.119(e), as
§ 63.1315, § 63.1316(b)(1)(i)(A), specified in § 63.1314, for control of
§ 63.1316(b)(1)(ii), § 63.1316(b)(2)(i), emissions from Group 1 storage vessels,
§ 63.1316(b)(2)(ii), or § 63.1316(c)(1), ex- including applicable monitoring, rec-
cluding § 63.1316(c)(1)(ii), may comply ordkeeping, and reporting;
with either paragraph (b)(1) or (b)(2) of (iv) The requirements of § 63.139, as
this section, as appropriate. For pur- specified in § 63.1330, for control devices
poses of this paragraph (b), the owner used to control emissions from waste
or operator of an affected source with management units, including applica-
combined emission streams containing ble monitoring, recordkeeping, and re-
one or more batch process vents but porting;
not containing one or more continuous (v) The requirements of § 63.139, as
process vents subject to § 63.1315, specified in § 63.1330, for closed vent
§ 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii), systems for control of emissions from
§ 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or
in-process equipment subject to § 63.149,
§ 63.1316(c)(1), excluding
as specified in § 63.1330, including appli-
§ 63.1316(c)(1)(ii), shall comply with
cable monitoring, recordkeeping, and
paragraph (b)(3) of this section.
reporting; or
(1) Comply with the applicable re-
quirements of this subpart for each (vi) The requirements of this subpart
kind of emission in the stream as speci- for aggregate batch vent streams sub-
fied in paragraphs (a)(1) through (a)(7) ject to § 63.1321(c), including applicable
of this section. monitoring, recordkeeping, and report-
(2) Comply with the first set of re- ing.
quirements, identified in paragraphs (3) The owner or operator of an af-
(b)(2)(i) through (b)(2)(vi) of this sec- fected source with combined emission
tion, which applies to any individual streams containing one or more batch
emission stream that is included in the process vents but not containing one or
combined stream, where either that more continuous process vents subject
emission stream would be classified as to § 63.1315, § 63.1316(b)(1)(i)(A),
Group 1 in the absence of combination § 63.1316(b)(1)(ii), § 63.1316(b)(2)(i),
with other emission streams, or the § 63.1316(b)(2)(ii), or § 63.1316(c)(1), ex-
owner or operator chooses to consider cluding § 63.1316(c)(1)(ii), shall comply

that emission stream to be Group 1 for with paragraph (b)(3)(i) and (b)(3)(ii) of
purposes of this paragraph. Compliance this section.
302
(i) The owner or operator of the af- § 63.1312 shall apply for the purposes of
fected source shall comply with this subpart.
§ 63.1321 for the batch process vent(s). (3) When the term ‘‘Group 2 storage
(ii) The owner or operator of the af- vessel’’ is used in §§ 63.119 through
fected source shall comply with either 63.123, the definition of this term in
paragraph (b)(1) or (b)(2) of this sec- § 63.1312 shall apply for the purposes of
tion, as appropriate, for the remaining this subpart.
emission streams. (4) When the emissions averaging
(c) Instead of complying with provisions of § 63.150 are referred to in
§§ 63.1314, 63.1315, 63.1316 through 63.1320, §§ 63.119 and 63.123, the emissions aver-
63.1321, and 63.1330, the owner or oper- aging provisions contained in § 63.1332
ator of an existing affected source may shall apply for the purposes of this sub-
elect to control any or all of the stor- part.
age vessels, batch process vents, aggre-
(5) When December 31, 1992, is re-
gate batch vent streams, continuous
process vents, and wastewater streams ferred to in § 63.119, March 29, 1995 shall
and associated waste management apply instead, for the purposes of this
units within the affected source to dif- subpart.
ferent levels using an emissions aver- (6) When April 22, 1994, is referred to
aging compliance approach that uses in § 63.119, June 19, 2000 shall apply in-
the procedures specified in § 63.1332. stead, for the purposes of this subpart.
The restrictions concerning which (7) Each owner or operator of an af-
emission points may be included in an fected source shall comply with this
emissions average, including how many paragraph (a)(7) instead of
emission points may be included, are § 63.120(d)(1)(ii) for the purposes of this
specified in § 63.1332(a)(1). An owner or subpart. If the control device used to
operator electing to use emissions comply with § 63.119(e) is also used to
averaging shall still comply with the comply with any of the requirements
provisions of §§ 63.1314, 63.1315, 63.1316 found in § 63.1315, § 63.1316, § 63.1322, or
through 63.1320, 63.1321, and 63.1330 for § 63.1330, the performance test required
affected source emission points not in- in or accepted by the applicable re-
cluded in the emissions average. quirements of §§ 63.1315, 63.1316, 63.1322,
(d) A State may decide not to allow and 63.1330 is acceptable for dem-
the use of the emissions averaging onstrating compliance with § 63.119(e)
compliance approach specified in para- for the purposes of this subpart. The
graph (c) of this section. owner or operator is not required to
prepare a design evaluation for the
FR 38106, June 19, 2000] control device as described in
§ 63.120(d)(1)(i), if the performance test
§ 63.1314 Storage vessel provisions. meets the criteria specified in para-
(a) This section applies to each stor- graphs (a)(7)(i) and (a)(7)(ii) of this sec-
age vessel that is assigned to an af- tion.
fected source, as determined by (i) The performance test dem-
§ 63.1310(g). Except as provided in para- onstrates that the control device
graphs (b) through (d) of this section, achieves greater than or equal to the
the owner or operator of an affected required control efficiency specified in
source shall comply with the require- § 63.119(e)(1) or § 63.119(e)(2), as applica-
ments of §§ 63.119 through 63.123 and ble; and
63.148 for those storage vessels, with (ii) The performance test is sub-
the differences noted in paragraphs mitted as part of the Notification of
(a)(1) through (a)(17) of this section for Compliance Status required by
the purposes of this subpart. § 63.1335(e)(5).
(1) When the term ‘‘storage vessel’’ is (8) When the term ‘‘range’’ is used in
used in §§ 63.119 through 63.123, the defi- §§ 63.120(d)(3), 63.120(d)(5), and
nition of this term in § 63.1312 shall 63.122(g)(2), the term ‘‘level’’ shall
apply for the purposes of this subpart. apply instead, for the purposes of this
(2) When the term ‘‘Group 1 storage subpart.

vessel’’ is used in §§ 63.119 through (9) For purposes of this subpart, the
63.123, the definition of this term in monitoring plan required by
303
§ 63.1315 40 CFR Ch. I (7–1–16 Edition)
§ 63.120(d)(2) shall specify for which con- §§ 63.119(a)(1) through 63.119(a)(4) by the
trol devices the owner or operator has compliance date for storage vessels,
selected to follow the procedures for which is specified in § 63.1311.
continuous monitoring specified in (17) In § 63.120(e)(1), instead of the ref-
§ 63.1334. For those control devices for erence to § 63.11(b), the requirements of
which the owner or operator has se- § 63.1333(e) shall apply.
lected to not follow the procedures for (b) Owners or operators of Group 1
continuous monitoring specified in storage vessels that are assigned to a
§ 63.1334, the monitoring plan shall in- new affected source producing SAN
clude a description of the parameter or using a continuous process shall con-
parameters to be monitored to ensure trol emissions to the levels indicated
that the control device is being prop- in paragraphs (b)(1) and (b)(2) of this
erly operated and maintained, an ex- section.
planation of the criteria used for selec- (1) For storage vessels with capac-
tion of that parameter (or parameters), ities greater than or equal to 2,271
and the frequency with which moni- cubic meters (m3) containing a liquid
toring will be performed (e.g., when the mixture having a vapor pressure great-
liquid level in the storage vessel is er than or equal to 0.5 kilopascal (kPa)
being raised), as specified in but less than 0.7 kPa, emissions shall
§ 63.120(d)(2)(i). be controlled by at least 90 percent rel-
(10) For purposes of this subpart, the ative to uncontrolled emissions.
monitoring plan required by § 63.122(b) (2) For storage vessels with capac-
shall be included in the Notification of ities less than 151 m3 containing a liq-
Compliance Status required by uid mixture having a vapor pressure
§ 63.1335(e)(5). greater than or equal to 10 kPa, emis-
(11) When the Notification of Compli- sions shall be controlled by at least 98
ance Status requirements contained in percent relative to uncontrolled emis-
§ 63.152(b) are referred to in §§ 63.120, sions.
63.122, and 63.123, the Notification of (3) For all other storage vessels des-
Compliance Status requirements con- ignated as Group 1 storage vessels,
tained in § 63.1335(e)(5) shall apply for emissions shall be controlled to the
the purposes of this subpart. level designated in § 63.119.
(12) When the Periodic Report re- (c) Owners or operators of Group 1
quirements contained in § 63.152(c) are storage vessels that are assigned to a
referred to in §§ 63.120 and 63.122, the new or existing affected source pro-
Periodic Report requirements con- ducing ASA/AMSAN shall control
tained in § 63.1335(e)(6) shall apply for emissions by at least 98 percent rel-
the purposes of this subpart. ative to uncontrolled emissions.
(13) When other reports as required in (d) The provisions of this subpart do
§ 63.152(d) are referred to in § 63.122, the not apply to storage vessels containing
reporting requirements contained in ethylene glycol at existing or new af-
§ 63.1335(e)(7) shall apply for the pur- fected sources and storage vessels con-
poses of this subpart. taining styrene at existing affected
(14) When the Initial Notification resources.
quirements contained in § 63.151(b) are [61 FR 48229, Sept. 12, 1996, as amended at 64
referred to in § 63.122, the owner or op- FR 11547, Mar. 9, 1999; 65 FR 38107, June 19,
erator of an affected source subject to 2000]
this subpart need not comply for the
purposes of this subpart. § 63.1315 Continuous process vents
(15) When the determination of provisions.
equivalence criteria in § 63.102(b) is re- (a) For each continuous process vent
ferred to in § 63.121(a), the provisions in located at an affected source, the
§ 63.6(g) shall apply for the purposes of owner or operator shall comply with
this subpart. the requirements of §§ 63.113 through
(16) When § 63.119(a) requires compli- 63.118, with the differences noted in
ance according to the schedule provi- paragraphs (a)(1) through (19) of this
sions in § 63.100, owners and operators section for the purposes of this sub-
of affected sources shall instead com- part, except as provided in paragraphs
ply with the requirements in (b) through (e) of this section.
304
(1) When the term ‘‘process vent’’ is ‘‘range’’ is used in §§ 63.114, 63.117, and
used in §§ 63.113 through 63.118, the term 63.118.
‘‘continuous process vent,’’ and the def- (10) When reports of process changes
inition of this term in § 63.1312 shall are required under § 63.118(g), (h), (i), or
apply for the purposes of this subpart. (j), paragraphs (a)(10)(i) through
(2) When the term ‘‘Group 1 process (a)(10)(iv) of this section shall apply for
vent’’ is used in §§ 63.113 through 63.118, the purposes of this subpart. In addi-
the term ‘‘Group 1 continuous process tion, for the purposes of this subpart,
vent,’’ and the definition of this term paragraph (a)(10)(v) of this section ap-
in § 63.1312 shall apply for the purposes plies, and § 63.118(k) does not apply to
of this subpart. owners or operators of affected sources.
(3) When the term ‘‘Group 2 process (i) For the purposes of this subpart,
vent’’ is used in §§ 63.113 through 63.118, whenever a process change, as defined
the term ‘‘Group 2 continuous process in § 63.115(e), is made that causes a
vent,’’ and the definition of this term Group 2 continuous process vent to be-
in § 63.1312 shall apply for the purposes come a Group 1 continuous process
of this subpart. vent, the owner or operator shall sub-
(4) When December 31, 1992 is referred mit a report within 180 days after the
to in § 63.113, apply the date March 29, process change is made or with the
1995, for the purposes of this subpart. next Periodic Report, whichever is
(5) When § 63.151(f), alternative moni- later. A description of the process
toring parameters, and § 63.152(e), sub- change shall be submitted with the re-
mission of an operating permit, are re-
port of the process change, and the
ferred to in §§ 63.114(c) and 63.117(e),
owner or operator of the affected
§ 63.1335(f), alternative monitoring pa-
source shall comply with the Group 1
rameters, and § 63.1335(e)(8), submission
provisions in §§ 63.113 through 63.118 in
of an operating permit, respectively,
accordance with § 63.1310(i)(2)(ii) or
shall apply for the purposes of this sub-
(i)(2)(iii), as applicable.
part.
(6) When the Notification of Compli- (ii) Whenever a process change, as de-
ance Status requirements contained in fined in § 63.115(e), is made that causes
§ 63.152(b) are referred to in §§ 63.114, a Group 2 continuous process vent with
63.117, and 63.118, the Notification of a TRE greater than 4.0 to become a
Compliance Status requirements con- Group 2 continuous process vent with a
tained in § 63.1335(e)(5) shall apply for TRE less than 4.0, the owner or oper-
the purposes of this subpart. ator shall submit a report within 180
(7) When the Periodic Report require- days after the process change is made
ments contained in § 63.152(c) are re- or with the next Periodic Report,
ferred to in §§ 63.117 and 63.118, the Peri- whichever is later. A description of the
odic Report requirements contained in process change shall be submitted with
§ 63.1335(e)(6) shall apply for the pur- the report of the process change, and
poses of this subpart. the owner or operator shall comply
(8) When the definition of excursion with the provisions in § 63.113(d) by the
in § 63.152(c)(2)(ii)(A) is referred to in dates specified in § 63.1311.
§ 63.118(f)(2), the definition of excursion (iii) Whenever a process change, as
in § 63.1334(f) of this subpart shall apply defined in § 63.115(e), is made that
for the purposes of this subpart. causes a Group 2 continuous process
(9) When § 63.114(e) or § 63.117(f) speci- vent with a flow rate less than 0.005
fies that an owner or operator shall standard cubic meter per minute to be-
submit the information required in come a Group 2 continuous process
§ 63.152(b) in order to establish the pa- vent with a flow rate of 0.005 standard
rameter monitoring range, the owner cubic meter per minute or greater and
or operator of an affected source shall a TRE index value less than or equal to
comply with the provisions of 4.0, the owner or operator shall submit
§ 63.1335(e)(5) for purposes of reporting a report within 180 days after the proc-
information related to establishment ess change is made or with the next
of the parameter monitoring level for Periodic Report, whichever is later. A

purposes of this subpart. Further, the description of the process change shall
term ‘‘level’’ shall apply when the term be submitted with the report of the
305
§ 63.1315 40 CFR Ch. I (7–1–16 Edition)
process change, and the owner or oper- (i) The organic HAP used as the cali-
ator shall comply with the provisions bration gas for Method 25A, 40 CFR
in § 63.113(d) by the dates specified in part 60, appendix A shall be the single
§ 63.1311. organic HAP representing the largest
(iv) Whenever a process change, as percent by volume of the emissions.
defined in § 63.115(e), is made that (ii) The use of Method 25A, 40 CFR
causes a Group 2 continuous process part 60, appendix A is acceptable if the
vent with an organic HAP concentra- response from the high-level calibra-
tion less than 50 parts per million by tion gas is at least 20 times the stand-
volume to become a Group 2 contin- ard deviation of the response from the
uous process vent with an organic HAP zero calibration gas when the instru-
concentration of 50 parts per million by ment is zeroed on the most sensitive
volume or greater and a TRE index scale.
value less than or equal to 4.0, the (12) When § 63.118, periodic reporting
owner or operator shall submit a report and recordkeeping requirements, refers
within 180 days after the process to § 63.152(f), the recordkeeping require-
change is made or with the next Peri- ments in § 63.1335(d) shall apply for pur-
odic Report, whichever is later. A de- poses of this subpart.
scription of the process change shall be (13) If a batch process vent or aggre-
submitted with the report of the proc- gate batch vent stream is combined
ess change, and the owner or operator
with a continuous process vent, the
shall comply with the provisions in
owner or operator of the affected
§ 63.113(d) by the dates specified in
source containing the combined vent
§ 63.1311.
stream shall comply with paragraph
(v) The owner or operator is not re-
(a)(13)(i); with paragraph (a)(13)(ii) and
quired to submit a report of a process
with paragraph (a)(13)(iii) or (iv); or
change if one of the conditions listed in
with paragraph (a)(13)(v) of this sec-
paragraphs (a)(10)(v)(A), (a)(10)(v)(B),
tion, as appropriate.
(a)(10)(v)(C), or (a)(10)(v)(D) of this sec-
tion is met. (i) If a batch process vent or aggre-
(A) The process change does not meet gate batch vent stream is combined
the definition of a process change in with a Group 1 continuous process vent
§ 63.115(e); prior to the combined vent stream
(B) The vent stream flow rate is re- being routed to a control device, the
calculated according to § 63.115(e) and owner or operator of the affected
the recalculated value is less than 0.005 source containing the combined vent
standard cubic meter per minute; stream shall comply with the require-
(C) The organic HAP concentration ments in paragraph (a)(13)(i)(A) or (B)
of the vent stream is recalculated ac- of this section.
cording to § 63.115(e) and the recal- (A) All requirements for a Group 1
culated value is less than 50 parts per process vent stream in §§ 63.113 through
million by volume; or 63.118, except as otherwise provided in
(D) The TRE index value is recal- this section. As specified in
culated according to § 63.115(e) and the § 63.1333(a)(1), performance tests shall
recalculated value is greater than 4.0, be conducted at maximum representa-
or for the affected sources producing tive operating conditions. For the pur-
methyl methacrylate butadiene sty- pose of conducting a performance test
rene resin the recalculated value is on a combined vent stream, maximum
greater than 6.7. representative operating conditions
(11) When the provisions of shall be when batch emission episodes
§ 63.116(c)(3) and (c)(4) specify that are occurring that result in the highest
Method 18, 40 CFR part 60, appendix A organic HAP emission rate (for the
shall be used, Method 18 or Method 25A, combined vent stream) that is achiev-
40 CFR part 60, appendix A may be used able during one of the periods listed in
for the purposes of this subpart. The § 63.1333(a)(1)(i) or § 63.1333(a)(1)(ii),
use of Method 25A, 40 CFR part 60, ap- without causing any of the situations
pendix A shall conform with the re- described in paragraphs (a)(13)(i)(A)(1)

quirements in paragraphs (a)(11)(i) and through (3) to occur.
(a)(11)(ii) of this section. (1) Causing damage to equipment.
306
(2) Necessitating that the owner or (C) The total organic HAP concentra-
operator make product that does not tion is greater than or equal to 50 parts
meet an existing specification for sale per million by volume for the combined
to a customer; or vent stream.
(3) Necessitating that the owner or (iv) If the combined vent stream de-
operator make product in excess of described in paragraph (a)(10)(ii) of this
mand. section meets the requirements in
(B) Comply with the provisions in paragraph (a)(13)(iv)(A), (B), or (C) of
§ 63.1313(b)(1), as allowed under this section, the combined vent stream
§ 63.1313(b). shall be subject to the requirements for
(ii) If a batch process vent or aggre- Group 2 process vents in §§ 63.113
gate batch vent stream is combined through 63.118, except as otherwise pro-
with a continuous process vent prior to vided in this section, as applicable.
the combined vent stream being routed (A) The TRE index value of the com-
to a recovery device, the TRE index bined vent stream is greater than 1.0;
value for the combined vent stream (B) The flow rate of the combined
shall be calculated at the exit of the vent stream is less than 0.005 standard
last recovery device. The TRE shall be cubic meter per minute; or
calculated during periods when one or (C) The total organic HAP concentra-
more batch emission episodes are oc- tion is less than 50 parts per million by
curring that result in the highest or- volume for the combined vent stream.
ganic HAP emission rate (in the com- (v) If a batch process vent or aggre-
bined vent stream that is being routed gate batch vent stream is combined
to the recovery device) that is achiev- with a Group 2 continuous process
able during the 6-month period that be- vent, the owner or operator shall com-
gins 3 months before and ends 3 months ply with the requirements in either
after the TRE calculation, without paragraph (a)(13)(v)(A) or (a)(13)(v)(B)
causing any of the situations described of this section.
in paragraphs (a)(13)(ii)(A) through (C) (A) The owner or operator shall com-
to occur. ply with the requirements in §§ 63.113
(A) Causing damage to equipment. through 63.118 for Group 1 process
(B) Necessitating that the owner or vents; or
operator make product that does not (B) The owner or operator shall com-
meet an existing specification for sale ply with § 63.1322(e)(2) for batch process
to a customer; or vents and aggregate batch vent
(C) Necessitating that the owner or streams.
operator make product in excess of de- (14) If any gas stream that originates
mand. outside of an affected source that is
(iii) If the combined vent stream de- subject to this subpart is normally con-
scribed in paragraph (a)(10)(ii) of this ducted through the same final recovery
section meets the requirements in device as any continuous process vent
paragraphs (a)(13)(iii)(A), (B), and (C) of stream subject to this subpart, the
this section, the combined vent stream owner or operator of the affected
shall be subject to the requirements for source with the combined vent stream
Group 1 process vents in §§ 63.113 shall comply with all requirements in
through 63.118, except as otherwise pro- §§ 63.113 through 63.118 of subpart G of
vided in this section, as applicable. this part, except as otherwise noted in
Performance tests for the combined this section, as applicable.
vent stream shall be conducted at max- (i) Instead of measuring the vent
imum operating conditions, as de- stream flow rate at the sampling site
scribed in paragraph (a)(13)(i) of this specified in § 63.115(b)(1), the sampling
section. site for vent stream flow rate shall be
(A) The TRE index value of the com- prior to the final recovery device and
bined stream is less than or equal to prior to the point at which the gas
1.0; stream that is not controlled under
(B) The flow rate of the combined this subpart is introduced into the
vent stream is greater than or equal to combined vent stream.

0.005 standard cubic meter per minute; (ii) Instead of measuring total or-
and ganic HAP or TOC concentrations at
307
§ 63.1315 40 CFR Ch. I (7–1–16 Edition)
the sampling site specified in this subpart. Finally, when a combus-

§ 63.115(c)(1), the sampling site for total tion device is used to comply with the
organic HAP or TOC concentration 20 parts per million by volume outlet
shall be prior to the final recovery de- concentration standard specified in
vice and prior to the point at which the § 63.113(a)(2), an owner or operator shall
gas stream that is not controlled under record and report the outlet concentra-
this subpart is introduced into the tion required in § 63.117(a)(4)(ii) and
combined vent stream. (a)(4)(iv) corrected to 3 percent oxygen
(iii) The efficiency of the final recov- when supplemental combustion air is
ery device (determined according to used to combust the emissions, for the
paragraph (a)(14)(iv) of this section) purposes of this subpart. When supple-
shall be applied to the total organic mental combustion air is not used to
HAP or TOC concentration measured combust the emissions, an owner or op-
at the sampling site described in para- erator may record and report the out-
graph (a)(14)(ii) of this section to deter- let concentration required in
mine the exit concentration. This exit § 63.117(a)(4)(ii) and (a)(4)(iv) on an un-
concentration of total organic HAP or corrected basis or corrected to 3 per-
TOC shall then be used to perform the cent oxygen, for the purposes of this
calculations outlined in subpart.
§ 63.115(d)(2)(iii) and § 63.115(d)(2)(iv), for (19) During periods of startup or shut-
the combined vent stream exiting the down, as an alternative to using the
final recovery device. procedures specified in § 63.116, an
(iv) The efficiency of the final recov- owner or operator of an affected source
ery device is determined by measuring or emission unit subject to an emission
the total organic HAP or TOC con- limit expressed as mass emissions per
centration using Method 18 or 25A, 40 mass product may demonstrate compli-
CFR part 60, appendix A, at the inlet to ance with the limit in accordance with
the final recovery device after the in- paragraph (a)(19)(i), (ii), or (iii) of this
troduction of any gas stream that is section.
not controlled under this subpart, and (i) Keep records establishing that the
at the outlet of the final recovery de- raw material introduced and product
vice. discharged rates were both zero.
(15) When § 63.115(c)(3)(ii)(B) and (ii) Divide the organic HAP emission
(d)(2)(iv) and § 63.116(c)(3)(ii)(B) and rate during startup or shutdown by the
(c)(4)(ii)(C) refer to Table 2 of subpart F rate of polymer produced from the
of this part, the owner or operator is most recent performance test associ-
only required to consider organic HAP ated with a production rate greater
listed on Table 6 of this subpart for than zero according to § 63.1318(b)(1).
purposes of this subpart. Keep records of this calculation.
(16) The compliance date for contin- (iii) Keep records establishing that
uous process vents subject to the provi- the operating parameters of the con-
sions of this section is specified in trol device used to comply with the
§ 63.1311. emission limit in § 63.113(a)(1) or (2)
(17) In § 63.116(a), instead of the ref- were maintained at the level estab-
erence to § 63.11(b), the requirements in lished to meet the emission limit at
§ 63.1333(e) shall apply. maximum representative operating
(18) When a combustion device is used conditions.
to comply with the 20 parts per million (b) Owners or operators of existing
by volume outlet concentration stand- affected sources producing MBS shall
ard specified in § 63.113(a)(2), the correc- comply with either paragraph (b)(1) or
tion to 3 percent oxygen is only re- (b)(2) of this section.
quired when supplemental combustion (1) Comply with paragraph (a) of this
air is used to combust the emissions, section, as specified in paragraphs
for the purposes of this subpart. In ad- (b)(1)(i) and (b)(1)(ii).
dition, the correction to 3 percent oxy- (i) As specified in § 63.1312, Group 1
gen specified in § 63.116(c)(3) and continuous process vents at MBS exist-
(c)(3)(iii) is only required when supple- ing affected sources are those with a
mental combustion air is used to com- total resource effectiveness value less
bust the emissions, for the purposes of than or equal to 3.7.
308
(ii) When complying with this para- visions of § 63.1318, the recordkeeping
graph (b) and the term ‘‘TRE of 4.0’’ is provisions of § 63.1319, and the reporting
used, or related terms indicating a provisions of § 63.1320. However, in some
TRE index value of 4.0, referred to in instances as specified in § 63.1316, select
§§ 63.113 through 63.118, are used, the continuous process vents present at af-
term ‘‘TRE of 6.7,’’ shall apply instead, fected sources producing PET or poly-
for the purposes of this subpart. The styrene using a continuous process are
TRE range of 3.7 to 6.7 for continuous subject to the provisions of this sec-
process vents at existing affected tion.
sources producing MBS corresponds to (e) Owners or operators of affected
the TRE range of 1.0 to 4.0 for other sources producing ASA/AMSAN shall
continuous process vents, as it applies reduce organic HAP emissions from
to monitoring, recordkeeping, and re- each continuous process vent, each
porting. batch process vent, and each aggregate
(2) Not allow organic HAP emissions batch vent stream by 98 weight-percent
from the collection of continuous proc- and shall comply with either paragraph
ess vents at the affected source to be (e)(1), (e)(2), or (e)(3), as appropriate.
greater than 0.000590 kg organic HAP/ Where batch process vents or aggregate
Mg of product. Compliance with this batch vent streams are combined with
paragraph (b)(2) shall be determined continuous process vents, the provi-
using the procedures specified in sions of paragraph (a)(13) of this sec-
§ 63.1333(b). During periods of startup or tion shall apply for the purposes of this
shutdown, as an alternative to using paragraph (e).
the procedures specified in § 63.1333(b), (1) For each continuous process vent,
an owner or operator of an affected comply with paragraph (a) of this sec-
source or emission unit subject to an tion as specified in paragraphs (e)(1)(i)
emission limit expressed as mass emis- through (e)(1)(ii) of this section.
sions per mass product may dem-
(i) For purpose of this section, each
onstrate compliance with the limit in
continuous process vent shall be con-
accordance with paragraph (b)(2)(i),
sidered to be a Group 1 continuous
(ii), or (iii) of this section.
process vent and the owner or operator
(i) Keep records establishing that the
of that continuous process vent shall
raw material introduced and product
comply with the requirements for a
discharged rates were both zero.
Group 1 continuous process vent.
(ii) Divide the organic HAP emission
rate during startup or shutdown by the (ii) For purposes of this section, the
rate of polymer produced from the group determination procedure re-
most recent performance test associ- quired by § 63.115 shall not apply.
ated with a production rate greater (2) For each batch process vent, com-
than zero according to § 63.1333(b). Keep ply with §§ 63.1321 through 63.1327 as
records of this calculation. specified in paragraphs (e)(2)(i) through
(iii) Keep records establishing that (e)(2)(ii) of this section.
the operating parameters of the con- (i) For purpose of this section, each
trol device used to comply with the batch process vent shall be considered
emission limit in paragraph (b)(2) of to be a Group 1 batch process vent and
this section were maintained at the the owner or operator of that batch
level established to meet the emission process vent shall comply with the re-
limit at maximum representative oper- quirements for a Group 1 batch process
ating conditions. vent contained in §§ 63.1321 through
(c) Owners or operators of new af- 63.1327, except that each batch process
fected sources producing SAN using a vent shall be controlled to reduce or-
batch process shall comply with the ap- ganic HAP emissions by 98 weight-per-
plicable requirements in § 63.1321. cent.
(d) Affected sources producing PET (ii) For purposes of this section, the
or polystyrene using a continuous group determination procedure re-
process are subject to the emissions quired by § 63.1323 shall not apply.
control provisions of § 63.1316, the mon- (3) For each aggregate batch vent
itoring provisions of § 63.1317, the test- stream, comply with §§ 63.1321 through
ing and compliance demonstration pro- 63.1327 as specified in paragraphs
309
§ 63.1316 40 CFR Ch. I (7–1–16 Edition)
(e)(3)(i) through (e)(3)(ii) of this sec- (b)(1)(i) through (b)(1)(iv) of this sec-
tion. tion.
(i) For purpose of this section, each (i) The owner or operator of an exist-
aggregate batch vent stream shall be ing affected source with organic HAP
considered to be a Group 1 aggregate emissions greater than 0.12 kg organic
batch vent stream and the owner or op- HAP per Mg of product from contin-
erator of that aggregate batch vent uous process vents in the collection of
stream shall comply with the require- material recovery sections (i.e., meth-
ments for a Group 1 aggregate batch anol recovery) within the affected
vent stream contained in §§ 63.1321 source shall comply with either para-
through 63.1327, except that each aggre- graph (b)(1)(i)(A), (b)(1)(i)(B), or
gate batch vent stream shall be con- (b)(1)(i)(C) of this section. Emissions
trolled to reduce organic HAP emis- from continuous process vents in the
sions by 98 weight-percent. collection of material recovery sec-
(ii) For purposes of this section, the tions within the affected source shall
group determination procedure re- be determined by the procedures speci-
quired by § 63.1323 shall not apply. fied in § 63.1318(b). The owner or oper-
ator of a new affected source shall com-
FR 11547, Mar. 9, 1999; 65 FR 38107, June 19, ply with either paragraph (b)(1)(i)(A),
2000; 66 FR 36938, July 16, 2001; 79 FR 17364, (b)(1)(i)(B), or (b)(1)(i)(C) of this sec-
Mar. 27, 2014] tion.
(A) Organic HAP emissions from all
§ 63.1316 PET and polystyrene affected continuous process vents in each indi-
sources—emissions control provi- vidual material recovery section shall,
sions. as a whole, be no greater than 0.018 kg
(a) The owner or operator of an af- organic HAP per Mg of product from
fected source producing PET using a the associated TPPU(s)); or alter-
continuous process shall comply with natively, organic HAP emissions from
paragraph (b) of this section. The all continuous process vents in the col-
owner or operator of an affected source lection of material recovery sections
producing polystyrene using a contin- within the affected source shall, as a
uous process shall comply with para- whole, be no greater than 0.018 kg or-
graph (c) of this section. As specified in ganic HAP per Mg product from all as-
paragraphs (b) and (c) of this section, sociated TPPU. During periods of
owners or operators shall comply with startup or shutdown, as an alternative
§ 63.1315 for certain continuous process to using the procedures specified in
vents and with § 63.1321 for all batch § 63.1318(b)(1), an owner or operator of
process vents. The owner or operator of an affected source or emission unit
an affected source producing PET using subject to an emission limit expressed
a batch process or producing poly- as mass emissions per mass product
styrene using a batch process shall may demonstrate compliance with the
comply with § 63.1315 for continuous limit in accordance with paragraphs
process vents and with § 63.1321 for (b)(1)(i)(A)(1), (2), or (3) of this section.
batch process vents, instead of the pro- (1) Keep records establishing that the
visions of §§ 63.1316 through 63.1320. raw material introduced and product
(b) The owner or operator of an af- discharged rates were both zero.
fected source producing PET using a (2) Divide the organic HAP emission
continuous process shall comply with rate during startup or shutdown by the
the requirements specified in para- rate of polymer produced from the
graphs (b)(1) or (b)(2) of this section, as most recent performance test associ-
appropriate, and are not required to ated with a production rate greater
comply with the requirements specified than zero according to § 63.1318(b)(1).
in 40 CFR part 60, subpart DDD. Com- Keep records of this calculation.
pliance can be based on either organic (3) Keep records establishing that the
HAP or TOC. operating parameters of the control de-
(1) The owner or operator of an af- vice used to comply with the emission
fected source producing PET using a limit in paragraph (b)(1)(i)(A) of this

continuous dimethyl terephthalate section were maintained at the level
process shall comply with paragraphs established to meet the emission limit
310
at maximum representative operating established to meet the emission limit

conditions. at maximum representative operating
(B) As specified in § 63.1318(d), the conditions.
owner or operator shall maintain the (B) Comply with paragraph (b)(1)(v)
daily average outlet gas stream tem- of this section.
perature from each final condenser in a (iii) Continuous process vents not in-
material recovery section at a tem- cluded in a material recovery section,
perature of + 3 °C ( + 37 °F) or less (i.e., as specified in paragraph (b)(1)(i) of
colder); or this section, and not included in a po-
(C) Comply with paragraph (b)(1)(v) lymerization reaction section, as speci-
of this section. fied in paragraph (b)(1)(ii) of this sec-
(ii) Limit organic HAP emissions tion, shall comply with § 63.1315.
from continuous process vents in the (iv) Batch process vents shall comply
collection of polymerization reaction with § 63.1321.
sections within the affected source by
(v) Comply with one of the following:
complying with either paragraph
(A) Reduce the emissions in a com-
(b)(1)(ii)(A) or (b)(1)(ii)(B) of this sec-
bustion device to achieve 98 weight per-
tion.
cent reduction or to achieve a con-
(A) Organic HAP emissions from all
centration of 20 parts per million by
continuous process vents in each indi-
volume (ppmv) on a dry basis, which-
vidual polymerization reaction section
ever is less stringent. If an owner or
(including emissions from any equip-
operator elects to comply with the 20
ment used to further recover ethylene
ppmv standard, the concentration shall
glycol, but excluding emissions from
include a correction to 3 percent oxy-
process contact cooling towers) shall,
gen only when supplemental combus-
as a whole, be no greater than 0.02 kg
tion air is used to combust the emis-
organic HAP per Mg of product from
sions;
the associated TPPU(s); or alter-
natively, organic HAP emissions from (B) Combust the emissions in a boiler
all continuous process vents in the col- or process heater with a design heat
lection of polymerization reaction sec- input capacity of 150 million Btu/hr or
tions within the affected source shall, greater by introducing the emissions
as a whole, be no greater than 0.02 kg into the flame zone of the boiler or
organic HAP per Mg product from all process heater; or
associated TPPU(s). During periods of (C) Combust the emissions in a flare
startup or shutdown, as an alternative that complies with the requirements of
to using the procedures specified in § 63.1333(e).
§ 63.1318(b)(1), an owner or operator of (2) The owner or operator of an af-
an affected source or emission unit fected source producing PET using a
subject to an emission limit expressed continuous terephthalic acid process
as mass emissions per mass product shall comply with paragraphs (b)(2)(i)
may demonstrate compliance with the through (b)(2)(iv) of this section.
limit in accordance with paragraphs (i) Limit organic HAP emissions from
(b)(1)(ii)(A)(1), (2), or (3) of this section. continuous process vents in the collec-
(1) Keep records establishing that the tion of raw material preparation sec-
raw material introduced and product tions within the affected source by
discharged rates were both zero. complying with either paragraph
(2) Divide the organic HAP emission (b)(2)(i)(A) or (b)(2)(i)(B) of this section.
rate during startup or shutdown by the (A) Organic HAP emissions from all
rate of polymer produced from the continuous process vents associated
most recent performance test associ- with the esterification vessels in each
ated with a production rate greater individual raw materials preparation
than zero according to § 63.1318(b)(1). section shall, as a whole, be no greater
Keep records of this calculation. than 0.04 kg organic HAP per Mg of
(3) Keep records establishing that the product from the associated TPPU(s);
operating parameters of the control de- or alternatively, organic HAP emis-
vice used to comply with the emission sions from all continuous process vents
limit in paragraph (b)(1)(ii)(A) of this associated with the esterification ves-
section were maintained at the level sels in the collection of raw material
311
§ 63.1316 40 CFR Ch. I (7–1–16 Edition)
preparation sections within the af- tions within the affected source shall,
fected source shall, as a whole, be no as a whole, be no greater than 0.02 kg
greater than 0.04 kg organic HAP per organic HAP per Mg of product from
Mg of product from all associated all associated TPPU(s). During periods
TPPU(s). Other continuous process of startup or shutdown, as an alter-
vents (i.e., those not associated with native to using the procedures specified
the esterification vessels) in the collec- in § 63.1318(b)(1), an owner or operator
tion of raw materials preparation sec- of an affected source or emission unit
tions within the affected source shall subject to an emission limit expressed
comply with § 63.1315. During periods of as mass emissions per mass product
startup or shutdown, as an alternative may demonstrate compliance with the
to using the procedures specified in limit in accordance with paragraphs
§ 63.1318(b)(1), an owner or operator of (b)(2)(ii)(A)(1), (2), or (3) of this section.
an affected source or emission unit (1) Keep records establishing that the
subject to an emission limit expressed raw material introduced and product
as mass emissions per mass product discharged rates were both zero.
may demonstrate compliance with the (2) Divide the organic HAP emission
limit in accordance with paragraphs rate during startup or shutdown by the
(b)(2)(i)(A)(1), (2), or (3) of this section. rate of polymer produced from the
(1) Keep records establishing that the most recent performance test associ-
raw material introduced and product ated with a production rate greater
discharged rates were both zero. than zero according to § 63.1318(b)(1).
(2) Divide the organic HAP emission Keep records of this calculation.
rate during startup or shutdown by the (3) Keep records establishing that the
rate of polymer produced from the operating parameters of the control de-
most recent performance test associ- vice used to comply with the emission
ated with a production rate greater limit in paragraph (b)(2)(ii)(A) of this
than zero according to § 63.1318(b)(1). section were maintained at the level
Keep records of this calculation. established to meet the emission limit
(3) Keep records establishing that the at maximum representative operating
operating parameters of the control de- conditions.
vice used to comply with the emission (B) Comply with paragraph (b)(2)(v)
limit in paragraph (b)(2)(i)(A) of this of this section.
section were maintained at the level (iii) Continuous process vents not in-
established to meet the emission limit cluded in a raw materials preparation
at maximum representative operating section, as specified in paragraphs
conditions. (b)(2)(i) of this section, and not in-
(B) Comply with paragraph (b)(2)(v) cluded in a polymerization reaction
of this section. section, as specified in paragraph
(ii) Limit organic HAP emissions (b)(2)(ii) of this section, shall comply
from continuous process vents in the with § 63.1315.
collection of polymerization reaction (iv) Batch process vents shall comply
sections within the affected source by with § 63.1321.
complying with either paragraph (v) Comply with one of the following:
(b)(2)(ii)(A) or (b)(2)(ii)(B) of this sec- (A) Reduce the emissions in a com-
tion. bustion device to achieve 98 weight per-
(A) Organic HAP emissions from all cent reduction or to achieve a con-
continuous process vents in each indi- centration of 20 parts per million by
vidual polymerization reaction section volume (ppmv) on a dry basis, which-
(including emissions from any equip- ever is less stringent. If an owner or
ment used to further recover ethylene operator elects to comply with the 20
glycol, but excluding emissions from ppmv standard, the concentration shall
process contact cooling towers) shall, include a correction to 3 percent oxy-
as a whole, be no greater than 0.02 kg gen only when supplemental combus-
organic HAP per Mg of product from tion air is used to combust the emis-
the associated TPPU(s); or alter- sions;
natively, organic HAP emissions from (B) Combust the emissions in a boiler
all continuous process vents in the col- or process heater with a design heat
lection of polymerization reaction sec- input capacity of 150 million Btu/hr or
312
greater by introducing the emissions this section were maintained at the

into the flame zone of the boiler or level established to meet
process heater; or (ii) As specified in § 63.1318(d), the
(C) Combust the emissions in a flare owner or operator shall maintain the
that complies with the requirements of daily average outlet gas stream tem-
§ 63.1333(e). perature from each final condenser in a
(c) The owner or operator of an af- material recovery section at a tem-
fected source producing polystyrene perature of ¥25 °C (¥13 °F) or less (i.e.,
resin using a continuous process shall colder); or
comply with the requirements specified (iii) Comply with one of the fol-
in paragraphs (c)(1) through (c)(3) of lowing:
this section, as appropriate, instead of (A) Reduce the emissions in a com-
the requirements specified in 40 CFR bustion device to achieve 98 weight per-
part 60, subpart DDD. Compliance can cent reduction or to achieve a con-
be based on either organic HAP or centration of 20 parts per million by
TOC. volume (ppmv) on a dry basis, which-
(1) Limit organic HAP emissions ever is less stringent. If an owner or
from continuous process vents in the operator elects to comply with the 20
collection of material recovery sec- ppmv standard, the concentration shall
tions within the affected source by include a correction to 3 percent oxy-
complying with either paragraph gen only when supplemental combus-
(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this tion air is used to combust the emis-
section. sions;
(i) Organic HAP emissions from all (B) Combust the emissions in a boiler
continuous process vents in each indi- or process heater with a design heat
vidual material recovery section shall, input capacity of 150 million Btu/hr or
as a whole, be no greater than 0.0036 kg greater by introducing the emissions
organic HAP per Mg of product from into the flame zone of the boiler or
the associated TPPU(s); or alter- process heater; or
natively, organic HAP emissions from (C) Combust the emissions in a flare
all continuous process vents in the col- that complies with the requirements of
lection of material recovery sections § 63.1333(e).
within the affected source shall, as a (2) Limit organic HAP emissions
whole, be no greater than 0.0036 kg or- from continuous process vents not in-
ganic HAP per Mg of product from all cluded in a material recovery section,
associated TPPU(s). During periods of as specified in paragraph (c)(1)(i) of
startup or shutdown, as an alternative this section, by complying with
to using the procedures specified in § 63.1315.
§ 63.1318(b)(1), an owner or operator of (3) Batch process vents shall comply
an affected source or emission unit with § 63.1321.
subject to an emission limit expressed
as mass emissions per mass product [61 FR 48229, Sept. 12, 1996, as amended at 64
may demonstrate compliance with the FR 11548, Mar. 9, 1999; 65 FR 38110, June 19,
2000; 66 FR 36938, July 16, 2001; 79 FR 17365,
limit in accordance with paragraphs
Mar. 27, 2014]
(c)(1)(i)(A), (B), or (C) of this section.
(A) Keep records establishing that § 63.1317 PET and polystyrene affected
the raw material introduced and prod- sources—monitoring provisions.
uct discharged rates were both zero.
Continuous process vents using a
(B) Divide the organic HAP emission
control or recovery device to comply
rate during startup or shutdown by the
with § 63.1316 shall comply with the ap-
rate of polymer produced from the
plicable monitoring provisions speci-
most recent performance test associ-
fied for continuous process vents in
ated with a production rate greater
§ 63.1315(a), except that references to
than zero according to § 63.1318(b)(1).
group determinations (i.e., total re-
Keep records of this calculation.
source effectiveness) do not apply and
(C) Keep records establishing that
owners or operators are not required to

the operating parameters of the con-
comply with § 63.113.
trol device used to comply with the
emission limit in paragraph (c)(1)(i) of [65 FR 38111, June 19, 2000]
313
§ 63.1318 40 CFR Ch. I (7–1–16 Edition)
§ 63.1318 PET and polystyrene affected dures specified in § 63.116(c)(4). The

sources—testing and compliance sampling site for determining whether
demonstration provisions. § 63.1316(b)(1)(i) is applicable shall be at
(a) Except as specified in paragraphs the outlet of the last recovery or con-
(b) through (d) of this section, contin- trol device. When the provisions of
uous process vents using a control or § 63.116(c)(4) specify that Method 18, 40
recovery device to comply with § 63.1316 CFR part 60, appendix A shall be used,
shall comply with the applicable test- Method 18 or Method 25A, 40 CFR part
ing and compliance provisions for con- 60, appendix A may be used for the pur-
tinuous process vents specified in poses of this subpart. The use of Meth-
§ 63.1315(a) except that, for purposes of od 25A, 40 CFR part 60, appendix A
this paragraph (a), references to group shall comply with paragraphs
determinations (i.e., total resource ef- (b)(1)(i)(A) and (b)(1)(i)(B) of this sec-
fectiveness) do not apply and owners or tion.
operators are not required to comply (A) The organic HAP used as the cali-
with § 63.113. bration gas for Method 25A, 40 CFR
(b) PET affected sources using a di- part 60, appendix A shall be the single
methyl terephthalate process—Applica- organic HAP representing the largest
bility determination procedure. Owners or percent by volume of the emissions.
operators shall calculate organic HAP (B) The use of Method 25A, 40 CFR
emissions from the collection of mate-
part 60, appendix A is acceptable if the
rial recovery sections at an existing af-
response from the high-level calibra-
fected source producing PET using a
tion gas is at least 20 times the stand-
continuous dimethyl terephthalate
ard deviation of the response from the
process to determine whether
§ 63.1316(b)(1)(i) is applicable using the zero calibration gas when the instru-
procedures specified in either para- ment is zeroed on the most sensitive
graph (b)(1) or (b)(2) of this section. scale.
(1) Use Equation 1 of this subpart to (ii) The rate of polymer produced, Pp
determine mass emissions per mass (kg/hr), shall be determined by dividing
product as specified in paragraphs the weight (kg) of polymer pulled from
(b)(1)(i) and (b)(1)(ii) of this section. the process line during the perform-
During periods of startup or shutdown, ance test by the number of hours taken
as an alternative to using Equation 1 of to perform the performance test. The
this subpart, the owner or operator weight of polymer pulled shall be de-
may divide the emission rate of total termined by direct measurement or by
organic HAP or TOC during startup or an alternate methodology, such as ma-
shutdown by the rate of polymer pro- terials balance. If an alternate method-
duced from the most recent perform- ology is used, a description of the
ance test associated with a production methodology, including all procedures,
rate greater than zero to determine data, and assumptions shall be sub-
compliance with the emission limit. mitted as part of the Notification of
Compliance Status required by
n § 63.1335(e)(5).
Ei
ER = ∑
(0.001 P )
[ Eq. 1] (2) Use engineering assessment, as de-
i =1 p scribed in § 63.1323(b)(6)(i), to dem-
onstrate that mass emissions per mass
where:
product are less than or equal to 0.07
ER = Emission rate of total organic HAP or kg organic HAP/Mg product. If engi-
TOC, kg/Mg product.
Ei = Emission rate of total organic HAP or
neering assessment shows that mass
TOC in continuous process vent i, kg/hr. emissions per mass product are greater
Pp = The rate of polymer produced, kg/hr. than 0.07 kg organic HAP/Mg product
n = Number of continuous process vents in and the owner or operator wishes to
the collection of material recovery sec- demonstrate that mass emissions per
tions at the affected source. mass product are less than the thresh-
0.001 = Conversion factor, kg to Mg. old emission rate of 0.12 kg organic
(i) The mass emission rate for each HAP/Mg product, the owner or operator
continuous process vent, Ei, shall be shall use the procedures specified in
determined according to the proce- paragraph (b)(1) of this section.
314
ER12SE96.000</GPH>
(c) Compliance with mass emissions per in § 63.1316(b)(1)(i) (i.e., 0.12 kg organic
mass product standards. Owners or oper- HAP per Mg of product) shall keep the
ators complying with following records.
§ 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (1) Results of the mass emissions per
(b)(2)(ii), and (c)(1)(i) shall demonstrate mass product calculation specified in
compliance with the mass emissions § 63.1318(b).
per mass product requirements using (2) Records of any change in process
the procedures specified in paragraph operation that increases the mass
(b)(1) of this section. During periods of emissions per mass product.
startup or shutdown, as an alternative (c) Records demonstrating compliance
to using the procedures specified in with temperature limits for final con-
paragraph (b)(1) of this section, the densers. Owners or operators of contin-
owner or operator may divide the emis- uous process vents complying with
sion rate of total organic HAP or TOC § 63.1316(b)(1)(i)(B) or § 63.1316(c)(1)(ii)
during startup or shutdown by the rate shall keep records of the daily averages
of polymer produced from the most re- required by § 63.1318, per the record-
cent performance test associated with keeping provisions specified in
a production rate greater than zero to § 63.1335(d).
comply with the emission limit.
(d) Compliance with Temperature Limits FR 38111, June 19, 2000; 66 FR 36938, July 16,
for Final Condensers. Owners or opera- 2001; 79 FR 17366, Mar. 27, 2014]
tors complying with § 63.1316(b)(1)(i)(B)
or § 63.1316(c)(1)(ii) shall demonstrate § 63.1320 PET and polystyrene affected
continuous compliance based on an av- sources—reporting provisions.
erage exit temperature determined for (a) Except as specified in paragraph
each operating day. Calculation of the (b) of this section, owners and opera-
daily average exit temperature shall tors using a control or recovery device
follow the provisions of § 63.1335(d)(3). to comply with § 63.1316 shall comply
The provisions of § 63.1334(f) and (g) with the applicable reporting provi-
shall apply for the purposes of deter- sions specified in § 63.1315(a), except
mining whether or not an owner or op- that, for the purposes of this paragraph
erator is to be deemed out of compli- (a), references to group determinations
ance for a given operating day. (i.e., total resource effectiveness) do
[61 FR 48229, Sept. 12, 1996, as amended at 65 not apply, and owners or operators are
FR 38111, June 19, 2000; 66 FR 36938, July 16, not required to comply with § 63.113.
2001; 79 FR 17366, Mar. 27, 2014] (b) Reporting for PET Affected Sources
Using a Dimethyl Terephthalate Process.
§ 63.1319 PET and polystyrene affected Owners or operators complying with
sources—recordkeeping provisions. § 63.1316 by demonstrating that mass
(a) Except as specified in paragraphs emissions per mass product are less
(b) and (c) of this section, owners or op- than or equal to the level specified in
erators using a control or recovery de- § 63.1316(b)(1)(i) (i.e., 0.12 kg organic
vice to comply with § 63.1316 shall com- HAP per Mg of product) shall comply
ply with the applicable recordkeeping with paragraphs (b)(1) through (b)(3) of
provisions specified in § 63.1315(a), ex- this section.
cept that, for the purposes of this para- (1) Include the information specified
graph (a), references to group deter- in § 63.1319(b)(2) in each Periodic Re-
minations (i.e., total resource effec- port, required by § 63.1335(e)(6), as ap-
tiveness) do not apply, and owners or propriate.
operators are not required to comply (2) Include the information specified
with § 63.113. in § 63.1319(b)(1) in the Notification of
(b) Records demonstrating compliance Compliance Status, required by
with the applicability determination pro- § 63.1335(e)(5).
cedure for PET affected sources using a (3) Whenever a process change, as de-
dimethyl terephthalate process. Owners fined in § 63.115(e), is made that causes
or operators complying with emissions from continuous process
§ 63.1316(b)(1)(i) by demonstrating that vents in the collection of material re-

mass emissions per mass product are covery sections (i.e., methanol recov-
less than or equal to the level specified ery) within the affected source to be
315
§ 63.1321 40 CFR Ch. I (7–1–16 Edition)
greater than 0.12 kg organic HAP per (2) For batch process vents and ag-
Mg of product, the owner or operator gregate batch vent streams, the con-
shall submit a report within 180 days trol requirements for individual batch
after the process change is made or the process vents or aggregate batch vent
information regarding the process streams (e.g., 90 percent emission re-
change is known to the owner or oper- duction) as specified in § 63.1322(a)(1),
ator. This report may be included in (a)(2), (b)(1), and (b)(2) shall not apply.
the next Periodic Report. The report (3) Continuous process vents using a
shall include the information specified control or recovery device to comply
in § 63.1319(b)(1) and a description of the with § 63.1322(a)(3) are subject to the ap-
process change. plicable requirements in § 63.1315(a), as
[65 FR 38112, June 19, 2000, as amended at 66 appropriate, except as specified in
FR 36938, July 16, 2001] paragraphs (b)(3)(i) and (b)(3)(ii) of this
section.
§ 63.1321 Batch process vents provi- (i) Said continuous process vents are
sions. not subject to the group determination
(a) Batch process vents. Except as procedures of § 63.115 for the purposes of
specified in paragraphs (b) through (d) this subpart.
of this section, owners and operators of (ii) Said continuous process vents are
new and existing affected sources with not subject to the reference control
batch process vents shall comply with technology provisions of § 63.113 for the
the requirements in §§ 63.1322 through purposes of this subpart.
63.1327. The batch process vent group (c) Aggregate batch vent streams. Ag-
status shall be determined in accord- gregate batch vent streams, as defined
ance with § 63.1323. Owners or operators in § 63.1312, are subject to the control
of batch process vents classified as requirements specified in § 63.1322(b), as
Group 1 shall comply with the ref- well as the monitoring, testing, record-
erence control technology require- keeping, and reporting requirements
ments for Group 1 batch process vents specified in §§ 63.1324 through 63.1327 for
in § 63.1322, the monitoring require- aggregate batch vent streams.
ments in § 63.1324, the performance test (d) Owners and operators of affected
methods and procedures to determine sources producing ASA/AMSAN shall
compliance in § 63.1325, the record- comply with the provisions of
keeping requirements in § 63.1326, and § 63.1315(e).
the reporting requirements in § 63.1327.
Owners or operators of all Group 2 [61 FR 48229, Sept. 12, 1996, as amended at 64
batch process vents shall comply with FR 11549, Mar. 9, 1999; 65 FR 38112, June 19,
the applicable reference control tech- 2000]
nology requirements in § 63.1322, the ap-
§ 63.1322 Batch process vents—ref-
plicable recordkeeping requirements in erence control technology.
§ 63.1326, and the applicable reporting
requirements in § 63.1327. (a) Batch process vents. The owner or
(b) New SAN batch affected sources. operator of a Group 1 batch process
Owners and operators of new SAN af- vent, as determined using the proce-
fected sources using a batch process dures in § 63.1323, shall comply with the
shall comply with the requirements of requirements of either paragraph (a)(1)
§ 63.1322 through § 63.1327 for batch proc- or (a)(2) of this section, except as pro-
ess vents and aggregate batch vent vided for in paragraph (a)(3) of this sec-
streams except as specified in para- tion. Compliance may be based on ei-
graphs (b)(1) through (b)(2) of this sec- ther organic HAP or TOC.
tion. For continuous process vents, (1) For each batch process vent, re-
owners and operators shall comply duce organic HAP emissions using a
with the requirements of § 63.1322 flare.
through § 63.1327 except as specified in (i) The owner or operator shall com-
paragraph (b)(3) of this section. ply with the requirements of § 63.1333(e)
(1) For batch process vents, the defor the flare.
termination of group status (i.e., Group (ii) Halogenated batch process vents,
1/Group 2) under § 63.1323 is not reas defined in § 63.1312, shall not be vent-
quired. ed to a flare.
316
(2) For each batch process vent, re- is not used, a correction to 3 percent
duce organic HAP emissions for the oxygen is not required.
batch cycle by 90 weight percent using (3) The owner or operator of a new af-
a control device. Owners or operators fected source producing SAN using a
may achieve compliance with this batch process shall comply with para-
paragraph (a)(2) through the control of graph (a)(3) of this section.
selected batch emission episodes or the (c) Halogenated emissions. Halo-
control of portions of selected batch genated Group 1 batch process vents,
emission episodes. Documentation halogenated aggregate batch vent
demonstrating how the 90 weight per- streams, and halogenated continuous
cent emission reduction is achieved is process vents that are combusted as
required by § 63.1325(c)(2). part of complying with paragraph
(3) The owner or operator of a new af- (a)(2), (a)(3), (b)(2), or (b)(3) of this sec-
fected source producing SAN using a tion, as appropriate, shall be controlled
batch process shall reduce organic HAP according to either paragraph (c)(1) or
emissions from the collection of batch (c)(2) of this section.
process vents, aggregate batch vent (1) If a combustion device is used to
streams, and continuous process vents comply with paragraph (a)(2), (a)(3),
by 84 weight percent. Compliance with (b)(2), or (b)(3) of this section for a hal-
this paragraph (a)(3) shall be dem- ogenated batch process vent, halo-
onstrated using the procedures speci- genated aggregate batch vent stream,
fied in § 63.1333(c). or halogenated continuous process
(b) Aggregate batch vent streams. The vent, said emissions exiting the com-
owner or operator of an aggregate bustion device shall be ducted to a
batch vent stream that contains one or halogen reduction device that reduces
more Group 1 batch process vents shall overall emissions of hydrogen halides
comply with the requirements of either and halogens by at least 99 percent be-
paragraph (b)(1) or (b)(2) of this sec- fore discharge to the atmosphere.
tion, except as provided for in para- (2) A halogen reduction device may
graph (b)(3) of this section. Compliance be used to reduce the halogen atom
may be based on either organic HAP or mass emission rate of said emissions to
TOC. less than 3,750 kg/yr for batch process
(1) For each aggregate batch vent vents or aggregate batch vent streams
stream, reduce organic HAP emissions and to less than 0.45 kilograms per
using a flare. hour for continuous process vents prior
(i) The owner or operator shall com- to venting to any combustion control
ply with the requirements of § 63.1333(e) device, and thus make the batch proc-
for the flare. ess vent, aggregate batch vent stream,
(ii) Halogenated aggregate batch or continuous process vent nonhalo-
vent streams, as defined in § 63.1312, genated. The nonhalogenated batch
shall not be vented to a flare. process vent, aggregate batch vent
(2) For each aggregate batch vent stream, or continuous process vent
stream, reduce organic HAP emissions shall then comply with the require-
by 90 weight percent or to a concentra- ments of either paragraph (a) or (b) of
tion of 20 parts per million by volume, this section, as appropriate.
whichever is less stringent, on a con- (d) If a boiler or process heater is
tinuous basis using a control device. used to comply with the percent reduc-
For purposes of complying with the 20 tion requirement specified in para-
parts per million by volume outlet con- graph (a)(2), (a)(3), (b)(2), or (b)(3) of
centration standard, the outlet con- this section, the batch process vent,
centration shall be calculated on a dry aggregate batch vent stream, or con-
basis. When a combustion device is tinuous process vent shall be intro-
used for purposes of complying with duced into the flame zone of such a de-
the 20 parts per million by volume out- vice.
let concentration standard, the con- (e) Combination of batch process vents
centration shall be corrected to 3 per- or aggregate batch vent streams with con-
cent oxygen if supplemental combus- tinuous process vents. If a batch process

tion air is used to combust the emis- vent or aggregate batch vent stream is
sions. If supplemental combustion air combined with a continuous process
317
§ 63.1322 40 CFR Ch. I (7–1–16 Edition)
vent, the owner or operator shall deter- fied in § 63.1323(d) shall comply with the
mine whether the combined vent provisions of paragraph (f)(1), (f)(2), or
stream is subject to the provisions of (h) of this section.
§§ 63.1321 through 63.1327 according to (1) The owner or operator of an af-
paragraphs (e)(1) and (e)(2) of this sec- fected source shall comply with the re-
tion. quirements in paragraphs (f)(1)(i)
(1) A batch process vent or aggregate through (f)(1)(iv) of this section.
batch vent stream combined with a (i) The owner or operator shall estab-
continuous process vent is not subject lish a batch mass input limitation that
to the provisions of §§ 63.1321 through ensures the Group 2 batch process vent
63.1327, if the requirements in para- does not become a Group 1 batch proc-
graph (e)(1)(i) and in either paragraph
ess vent.
(e)(1)(ii) or (e)(1)(iii) are met.
(ii) Over the course of the affected
(i) The only emissions to the atmos-
phere from the batch process vent or source’s ‘‘year,’’ as reported in the No-
aggregate batch vent stream prior to tification of Compliance Status in ac-
being combined with the continuous cordance with § 63.1335(e)(5)(viii), the
process vent are from equipment sub- owner or operator shall not charge a
ject to § 63.1331. mass of HAP or material to the batch
(ii) The batch process vent or aggre- unit operation that is greater than the
gate batch vent stream is combined level established as the batch mass
with a Group 1 continuous process vent input limitation.
prior to the combined vent stream (iii) The owner or operator shall com-
being routed to a control device. In ply with the recordkeeping require-
this paragraph (e)(1)(ii), the definition ments in § 63.1326(d)(2), and the report-
of control device as it relates to con- ing requirements in § 63.1327(a)(3), (b),
tinuous process vents shall be used. and (c).
Furthermore, the combined vent (iv) The owner or operator shall com-
stream discussed in this paragraph ply with § 63.1323(i) when process
(e)(1)(ii) shall be subject to changes are made.
§ 63.1315(a)(13)(i). (2) Comply with the requirements of
(iii) The batch process vent or aggre- this subpart for Group 1 batch process
gate batch vent stream is combined vents.
with a continuous process vent prior to (g) Group 2 batch process vents with
being routed to a recovery device. In annual emissions less than the level speci-
this paragraph (e)(1)(iii), the definition fied in § 63.1323(d). The owner or oper-
of recovery device as it relates to con- ator of a Group 2 batch process vent
tinuous process vents shall be used. with annual emissions less than the
Furthermore, the combined vent level specified in § 63.1323(d) shall com-
stream discussed in this paragraph ply with paragraphs (g)(1), (g)(2), (g)(3),
(e)(1)(iii) shall be subject to or (g)(4) of this section.
§ 63.1315(a)(13)(ii).
(1) The owner or operator of the af-
(2) If the batch process vent or aggre-
fected source shall comply with the re-
gate batch vent stream is combined
quirements in paragraphs (g)(1)(i)
with a Group 2 continuous process
vent, the group status of the batch through (g)(1)(iv) of this section.
process vent shall be determined prior (i) The owner or operator shall estab-
to its combination with the Group 2 lish a batch mass input limitation that
continuous process vent, in accordance ensures emissions do not exceed the
with § 63.1323, and the combined vent level specified in § 63.1323(d).
stream shall be subject to the require- (ii) Over the course of the affected
ments for aggregate batch vent source’s ‘‘year,’’ as reported in the No-
streams in §§ 63.1321 through 63.1327. tification of Compliance Status in ac-
(f) Group 2 batch process vents with an- cordance with § 63.1335(e)(5)(viii), the
nual emissions greater than or equal to owner or operator shall not charge a
the level specified in § 63.1323(d). The mass of HAP or material to the batch
owner or operator of a Group 2 batch unit operation that is greater than the
process vent with annual emissions level established as the batch mass
greater than or equal to the level speci- input limitation.
318
(iii) The owner or operator shall com- in accordance with either paragraph
ply with the recordkeeping require- (a)(1)(i) or (a)(1)(ii) of this section.
ments in § 63.1326(d)(1), and the report- (i) An owner or operator may choose
ing requirements in § 63.1327(a)(2), (b), to determine the group status of a
and (c). batch process vent based on the ex-
(iv) The owner or operator of the af- pected mix of products. For each prod-
fected source shall comply with uct, emission characteristics of the sin-
§ 63.1323(i) when process changes are gle highest-HAP recipe, as defined in
made. paragraph (a)(1)(iii) of this section, for
(2) Comply with the requirements of that product shall be used in the proce-
paragraph (f)(1) of this section; dures in paragraphs (b) through (i) of
(3) Comply with the requirements of this section.
paragraph (f)(2) of this section; or (ii) An owner or operator may choose
(4) Comply with the requirements of to determine the group status of a
paragraph (h) of this section. batch process vent based on annualized
(h) Owners or operators of Group 2 production of the single highest-HAP
batch process vents are not required to recipe, as defined in paragraph
establish a batch mass input limitation (a)(1)(iii) of this section, considering
if the batch process vent is Group 2 at all products produced or processed in
the conditions specified in paragraphs the batch unit operation. The
(h)(1) and (h)(2) of this section and if annualized production of the highest-
the owner or operator complies with HAP recipe shall be based exclusively
the recordkeeping provisions in on the production of the single highest-
§§ 63.1326(a)(1) through (3), 63.1326(a)(9), HAP recipe of all products produced or
and 63.1326(a)(4) through (6) as applica- processed in the batch unit operation
ble, and the reporting requirements in for a 12 month period. The production
§ 63.1327(a)(5), (a)(6), and (b). level used may be the actual produc-
tion rate. It is not necessary to assume
(1) Emissions for the single highest-
a maximum production rate (i.e., 8,760
HAP recipe (considering all products
hours per year at maximum design pro-
that are produced in the batch unit op-
duction).
eration) are used in the group deter-
(iii) The single highest-HAP recipe
mination; and
for a product means the recipe of the
(2) The group determination assumes product with the highest total mass of
that the batch unit operation is oper- HAP charged to the reactor during the
ating at the maximum design capacity production of a single batch of product.
of the TPPU for 12 months. (2) The annual uncontrolled organic
[61 FR 48229, Sept. 12, 1996, as amended at 64 HAP or TOC emissions and annual av-
FR 11549, Mar. 9, 1999; 65 FR 38112, June 19, erage batch vent flow rate shall be de-
2000; 66 FR 36938, July 16, 2001] termined at the exit from the batch
unit operation. For the purposes of
§ 63.1323 Batch process vents—meth- these determinations, the primary con-
ods and procedures for group deter- denser operating as a reflux condenser
mination.
on a reactor or distillation column, the
(a) General requirements. Except as primary condenser recovering mon-
provided in paragraph (a)(3) of this sec- omer, reaction products, by-products,
tion and in § 63.1321(b)(1), the owner or or solvent from a stripper operated in
operator of batch process vents at af- batch mode, and the primary condenser
fected sources shall determine the recovering monomer, reaction prod-
group status of each batch process vent ucts, by-products, or solvent from a
in accordance with the provisions of distillation operation operated in
this section. This determination may batch mode shall be considered part of
be based on either organic HAP or TOC the batch unit operation. All other de-
emissions. vices that recover or oxidize organic
(1) The procedures specified in para- HAP or TOC vapors shall be considered
graphs (b) through (g) of this section control devices as defined in § 63.1312.
shall be followed to determine the (3) The owner or operator of a batch

group status of each batch process process vent complying with the flare
vent. This determination shall be made provisions in § 63.1322(a)(1) or
319
§ 63.1323 40 CFR Ch. I (7–1–16 Edition)
§ 63.1322(b)(1) or routing the batch proc- from standard references. Methods to

ess vent to a control device to comply determine individual HAP partial pres-
with the requirements in § 63.1322(a)(2) sures in multicomponent systems are
or § 63.1322(b)(2) is not required to per- described in paragraph (b)(9) of this
form the batch process vent group de- section. Other variables in the emis-
termination described in this section, sions estimation equations may be ob-
but shall comply with all requirements tained through direct measurement, as
applicable to Group 1 batch process defined in paragraph (b)(5) of this sec-
vents for said batch process vent. tion, through engineering assessment,
(b) Determination of annual emissions. as defined in paragraph (b)(6)(ii) of this
The owner or operator shall calculate section, by process knowledge, or by
annual uncontrolled TOC or organic any other appropriate means. Assump-
HAP emissions for each batch process tions used in determining these vari-
vent using the methods described in
ables must be documented. Once emis-
paragraphs (b)(1) through (b)(8) of this
sions for the batch emission episode
section. To estimate emissions from a
have been determined using either the
batch emissions episode, owners or op-
erators may use either the emissions emissions estimation equations, direct
estimation equations in paragraphs measurement, or engineering assess-
(b)(1) through (b)(4) of this section, or ment, emissions from a batch cycle
direct measurement as specified in shall be calculated in accordance with
paragraph (b)(5) of this section. Engi- paragraph (b)(7) of this section, and an-
neering assessment may be used to es- nual emissions from the batch process
timate emissions from a batch emis- vent shall be calculated in accordance
sion episode only under the conditions with paragraph (b)(8) of this section.
described in paragraph (b)(6) of this (1) TOC or organic HAP emissions
section. In using the emissions esti- from the purging of an empty vessel
mation equations in paragraphs (b)(1) shall be calculated using Equation 2 of
through (b)(4) of this section, indi- this subpart. Equation 2 of this subpart
vidual component vapor pressure and does not take into account evaporation
molecular weight may be obtained of any residual liquid in the vessel.
(Vves )(P) (MWwavg )

E episode =
RT
(1 − 0.37 ) m
[Eq. 2]
Where: R = Ideal gas constant, 8.314 m3·kPa/kmol·K.

Eepisode = Emissions, kg/episode. T = Temperature of vessel vapor space, K.
Vves = Volume of vessel, m3. m = Number of volumes of purge gas used.
P = TOC or total organic HAP partial pres-
sure, kPa. (2) TOC or organic HAP emissions
MWwavg = Weighted average molecular weight from the purging of a filled vessel shall
of TOC or organic HAP in vapor, deter- be calculated using Equation 3 of this
mined in accordance with paragraph subpart.
(b)(4)(i)(D) of this section, kg/kmol.
(y) (Vdr ) (P 2 ) (MWwavg )

E episode = (Tm ) [Eq. 3]
⎛ n ⎞
RT ⎜ P − ∑ Pi x i ⎟
⎝ i =1 ⎠
ER19JN00.025</MATH>
Where: y = Saturated mole fraction of all TOC or or-

Eepisode = Emissions, kg/episode. ganic HAP in vapor phase.
320
ER19JN00.024</MATH>
Vdr = Volumetric gas displacement rate, m3/ P = Pressure in vessel vapor space, kPa.
min. MWwavg = Weighted average molecular weight
P = Pressure in vessel vapor space, kPa. of TOC or organic HAP in vapor, deter-
MWwavg = Weighted average molecular weight mined in accordance with paragraph
of TOC or organic HAP in vapor, deter- (b)(4)(i)(D) of this section, kg/kmol.
mined in accordance with paragraph R = Ideal gas constant, 8.314 m3dkPa/kmoldK.
(b)(4)(i)(D) of this section, kg/kmol.
R = Ideal gas constant, 8.314 m3·kPa/kmol·K. T = Temperature of vessel vapor space, K.
T = Temperature of vessel vapor space, K. (4) Emissions caused by the heating
Pi = Vapor pressure of TOC or individual or-
ganic HAP i, kPa.
of a vessel shall be calculated using the
xi = Mole fraction of TOC or organic HAP i in procedures in either paragraphs
the liquid. (b)(4)(i), (b)(4)(ii), or (b)(4)(iii) of this
n = Number of organic HAP in stream. Note: section, as appropriate.
Summation not applicable if TOC emis- (i) If the final temperature to which
sions are being estimated.
Tm = Minutes/episode. the vessel contents is heated is lower
than 50 K below the boiling point of the
(3) Emissions from vapor displace- HAP in the vessel, then emissions shall
ment due to transfer of material into be calculated using the equations in
or out of a vessel shall be calculated paragraphs (b)(4)(i)(A) through
using Equation 4 of this subpart. (b)(4)(i)(D) of this section.
(y)(V)(P)(MWwavg )
(A) Emissions caused by heating of a
vessel shall be calculated using Equa-
E episode = [ Eq. 4] tion 5 of this subpart. The assumptions
RT made for this calculation are atmos-
where:
pheric pressure of 760 millimeters of
Eepisode = Emissions, kg/episode.
mercury (mm Hg) and the displaced gas
y = Saturated mole fraction of all TOC or or-
ganic HAP in vapor phase. is always saturated with volatile or-
V = Volume of gas displaced from the vessel, ganic compounds (VOC) vapor in equi-
m3. librium with the liquid mixture.
⎡ n n ⎤
⎢ ∑ (Pi ) T1 ∑ (Pi ) T 2 ⎥
⎢ i =1
+ i =1 ⎥
⎢ n n ⎥
⎢ 101.325 − ∑ ( Pi ) T1 101.325 − ∑ ( Pi ) T 2
E episode =⎢ i =1 i =1
⎥
(
⎥ ∗ ( Δη) ⎢ ) (
⎡ MWWAVG, T1 + MWWAVG, T 2 ) ⎤⎥ [Eq. 5]
⎢ 2 ⎥ ⎢ 2 ⎥
⎢ ⎥ ⎣ ⎦
⎢ ⎥
⎢ ⎥
⎢ ⎥
⎢⎣ ⎥⎦
Where: ganic HAP in the displaced gas stream,

Eepisode = Emissions, kg/episode. determined in accordance with paragraph
(Pi)T1, (Pi)T2 = Partial pressure (kPa) of TOC (b)(4)(i)(D) of this section, kg/kmol.
or each organic HAP i in the vessel (B) The moles of gas displaced, Dh, is
headspace at initial (T1) and final (T2) calculated using Equation 6 of this sub-
temperature.
part.
n = Number of organic HAP in stream. Note:
ER19JN00.027</MATH>
Summation not applicable if TOC emis-

sions are being estimated. Vfs ⎡⎛ Pa 1 ⎞ ⎛ Pa 2 ⎞ ⎤
Dh = Number of kilogram-moles (kg-moles) Δη = ⎢⎜ ⎟ −⎜ ⎟⎥ [Eq. 6]
of gas displaced, determined in accord- R ⎢⎣⎝ T1 ⎠ ⎝ T2 ⎠ ⎥⎦
ance with paragraph (b)(4)(i)(B) of this
section. Where:
ER19JN00.026</MATH>
101.325 = Constant, kPa. Dh = Number of kg-moles of gas displaced.

(MWWAVG, T1), (MWWAVG, T2) = Weighted aver- Vfs = Volume of free space in the vessel, m3.
age molecular weight of TOC or total or- R = Ideal gas constant, 8.314 m3·kPa/kmol·K.
321
ER12SE96.003</GPH>
§ 63.1323 40 CFR Ch. I (7–1–16 Edition)
Pa1 = Initial noncondensible gas partial pres- Pa = Initial or final partial pressure of non-
sure in the vessel, kPa. condensible gas in the vessel headspace,
Pa2 = Final noncondensible gas partial pres- kPa.
sure, kPa. 101.325 = Constant, kPa.
T1 = Initial temperature of vessel, K. (Pi)T = Partial pressure of TOC or each or-
T2 = Final temperature of vessel, K. ganic HAP i in the vessel headspace,
kPa, at the initial or final temperature
(C) The initial and final pressure of (T1 or T2).
the noncondensible gas in the vessel n = Number of organic HAP in stream. Note:
shall be calculated using Equation 7 of Summation not applicable if TOC emis-
this subpart. sions are being estimated.
(D) The weighted average molecular
n
Pa = 101.325 − ∑ ( Pi ) T
weight of TOC or organic HAP in the
[Eq. 7] displaced gas, MWwavg, shall be cal-
i =1 culated using Equation 8 of this sub-
Where: part.
n
∑ ( mass of C) i ( molecular weight of C) i
i =1
MWwavg = n
[ Eq. 8]
∑ ( mass of C) i
i =1
where: (2) If the final temperature of the

C = TOC or organic HAP component heatup is higher than 5 K below the
n = Number of TOC or organic HAP compo- boiling point, the final temperature for
nents in stream. the last increment shall be the tem-
(ii) If the vessel contents are heated perature 5 K below the boiling point,
to a temperature greater than 50 K even if the last increment is less than
below the boiling point, then emissions 5 K.
from the heating of a vessel shall be (3) If the vessel contents are heated
calculated as the sum of the emissions to the boiling point and the vessel is
calculated in accordance with para- not operating with a condenser, the
graphs (b)(4)(ii)(A) and (b)(4)(ii)(B) of final temperature for the final incre-
this section. ment shall be the temperature 5 K
(A) For the interval from the initial below the boiling point, even if the last
temperature to the temperature 50 K increment is less than 5 K.
below the boiling point, emissions shall (iii) If the vessel is operating with a
be calculated using Equation 5 of this condenser, and the vessel contents are
subpart, where T2 is the temperature 50 heated to the boiling point, the pri-
K below the boiling point. mary condenser, as specified in para-
(B) For the interval from the tem- graph (a)(2) of this section, is consid-
perature 50 K below the boiling point ered part of the process. Emissions
to the final temperature, emissions shall be calculated as the sum of emis-
shall be calculated as the summation sions calculated using Equation 5 of
of emissions for each 5 K increment, this subpart, which calculates emis-
where the emissions for each increment sions due to heating the vessel con-
shall be calculated using Equation 5 of tents to the temperature of the gas ex-
this subpart. isting the condenser, and emissions
(1) If the final temperature of the calculated using Equation 4 of this sub-
heatup is at or lower than 5 K below part, which calculates emissions due to
the boiling point, the final temperature the displacement of the remaining
for the last increment shall be the final saturated noncondensible gas in the
ER12SE96.007</GPH>
temperature for the heatup, even if the vessel. The final temperature in Equa-
last increment is less than 5 K. tion 5 of this subpart shall be set equal
322
ER19JN00.028</MATH>
to the exit gas temperature of the con- tests shall follow the procedures speci-
denser. Equation 4 of this subpart shall fied in paragraphs (b)(5)(i) through
be used as written below in Equation 4a (b)(5)(iii) of this section. The proce-
of this subpart, using free space vol- dures in either paragraph (b)(5)(iv) or
ume, and T is set equal to the con- (b)(5)(v) of this section shall be used to
denser exit gas temperature. calculate the emissions per batch emis-
sion episode.
(y)(Vfs )(P)(MWwavg ) (i) Method 1 or 1A, 40 CFR part 60, ap-
E episode = [ Eq. 4a] pendix A as appropriate, shall be used
RT for selection of the sampling sites if
where: the flow measuring device is a pitot
Eepisode = Emissions, kg/episode. tube. No traverse is necessary when
y = Saturated mole fraction of all TOC or or- Method 2A or 2D, 40 CFR part 60, ap-
ganic HAP in vapor phase. pendix A is used to determine gas
Vfs = Volume of the free space in the vessel, stream volumetric flow rate.
m3.
P = Pressure in vessel vapor space, kPa. (ii) Annual average batch vent flow
MWwavg = Weighted average molecular weight rate shall be determined as specified in
of TOC or organic HAP in vapor, deter- paragraph (e) of this section.
mined in accordance with paragraph (iii) Method 18 or Method 25A, 40 CFR
(b)(4)(i)(D) of this section, kg/kmol. part 60, appendix A, shall be used to de-
R = Ideal gas constant, 8.314 m3dkPa/kmoldK.
T = Temperature of condenser exit stream, termine the concentration of TOC or
K. organic HAP, as appropriate. Alter-
natively, any other method or data
(5) The owner or operator may esti- that has been validated according to
mate annual emissions for a batch the applicable procedures in Method 301
emission episode by direct measure- of appendix A of this part may be used.
ment. If direct measurement is used, The use of Method 25A, 40 CFR part 60,
the owner or operator shall either per-
appendix A shall conform with the re-
form a test for the duration of a rep-
quirements in paragraphs (b)(5)(iii)(A)
resentative batch emission episode or
and (b)(5)(iii)(B) of this section.
perform a test during only those peri-
ods of the batch emission episode for (A) The organic HAP used as the cali-
which the emission rate for the entire bration gas for Method 25A, 40 CFR
episode can be determined or for which part 60, appendix A shall be the single
the emissions are greater than the av- organic HAP representing the largest
erage emission rate of the batch emis- percent by volume of the emissions.
sion episode. The owner or operator (B) The use of Method 25A, 40 CFR
choosing either of these options shall part 60, appendix A is acceptable if the
develop an emission profile for the en- response from the high-level calibra-
tire batch emission episode, based on tion gas is at least 20 times the stand-
either process knowledge or test data ard deviation of the response from the
collected, to demonstrate that test pe- zero calibration gas when the instru-
riods are representative. Examples of ment is zeroed on the most sensitive
information that could constitute proc- scale.
ess knowledge include calculations (iv) If an integrated sample is taken
based on material balances and process over the entire batch emission episode
stoichiometry. Previous test results to determine the average batch vent
may be used provided the results are concentration of TOC or total organic
still relevant to the current batch HAP, emissions shall be calculated
process vent conditions. Performance using Equation 9 of this subpart.
⎢n ⎥
⎢⎣ j=1
( )( )
E episode = K ⎢∑ C j M j ⎥ AFR (Th )
⎥⎦
[ Eq. 9]
ER19JN00.029</MATH>
323
ER12SE96.008</GPH>
§ 63.1323 40 CFR Ch. I (7–1–16 Edition)
Where: DUR = Duration of the batch emission epi-
Eepisode = Emissions, kg/episode. sode, hr/episode.
K = Constant, 2.494 × 10¥6 (ppmv)¥1 (gm- Ei = Emissions for measurement point i, kg/
mole/scm) (kg/gm) (min/hr), where stand- hr.
ard temperature is 20 °C. n = Number of measurements.
Cj = Average batch vent concentration of (6) Engineering assessment may be
TOC or sample organic HAP component j
of the gas stream, dry basis, ppmv.
used to estimate emissions from a
Mj = Molecular weight of TOC or sample or- batch emission episode, if the criteria
ganic HAP component j of the gas in paragraph (b)(6)(i) are met. Data or
stream, gm/gm-mole. other information used to demonstrate
AFR = Average batch vent flow rate of gas that the criteria in paragraph (b)(6)(i)
stream, dry basis, scmm. of this section have been met shall be
Th = Hours/episode reported as specified in paragraph
n = Number of organic HAP in stream. Note: (b)(6)(iii) of this section. Paragraph
Summation not applicable if TOC emis-
(b)(6)(ii) of this section defines engi-
sions are being estimated using a TOC
concentration measured using Method neering assessment, for the purposes of
25A, 40 CFR part 60, appendix A. estimating emissions from a batch
emissions episode. All data, assump-
(v) If grab samples are taken to de- tions, and procedures used in an engi-
termine the average batch vent con- neering assessment shall be docu-
centration of TOC or total organic mented.
HAP, emissions shall be calculated ac- (i) If the criteria specified in para-
cording to paragraphs (b)(5)(v)(A) and graph (b)(6)(i)(A), (B), or (C) are met for
(b)(5)(v)(B) of this section. a specific batch emission episode, the
(A) For each measurement point, the owner or operator may use engineering
emission rate shall be calculated using assessment, as described in paragraph
Equation 10 of this subpart. (b)(6)(ii) of this section, to estimate
emissions from that batch emission
⎡n ⎤ episode, and the owner or operator is
E point = K ⎢∑ C j M j ⎥ FR [ Eq. 10] not required to use the emissions esti-
⎢⎣ j=1 ⎥⎦ mation equations described in para-
graphs (b)(1) through (b)(4) of this sec-
Where:
tion to estimate emissions from that
Epoint = Emission rate for individual measure-
batch emission episode.
ment point, kg/hr.
K = Constant, 2.494 × 10¥¥6 (ppmv)¥1 (gm- (A) Previous test data, where the
mole/scm) (kg/gm) (min/hr), where stand- measurement of organic HAP or TOC
ard temperature is 20 °C. emissions was an outcome of the test,
Cj = Concentration of TOC or sample organic show a greater than 20 percent discrep-
HAP component j of the gas stream, dry ancy between the test value and the
basis, ppmv. value estimated using the applicable
Mj = Molecular weight of TOC or sample or- equations in paragraphs (b)(1) through
ganic HAP component j of the gas
(b)(4) of this section. Paragraphs
stream, gm/gm-mole.
FR = Flow rate of gas stream for the meas- (b)(6)(i)(A)(1) and (2) of this section de-
urement point, dry basis, scmm. scribe test data that will be acceptable
n = Number of organic HAP in stream. Note: under this paragraph (b)(6)(i)(A).
Summation not applicable if TOC emis- (1) Test data for the batch emission
sions are being estimated using a TOC episode obtained during production of
concentration measured using Method the product for which the demonstra-
25A, 40 CFR part 60, appendix A. tion is being made.
(B) The emissions per batch emission (2) Test data obtained for a batch
episode shall be calculated using Equa- emission episode from another process
tion 11 of this subpart. train, where the test data were ob-
tained during production of the prod-
⎡n E ⎤ uct for which the demonstration is
E episode = ( DUR ) ⎢ ∑ i ⎥ [ Eq. 11] being made. Test data from another
⎢⎣ i =1 n ⎥⎦ process train may be used only if the
owner or operator can demonstrate

ER12SE96.011</GPH>
where: that the data are representative of the

Eepisode = Emissions, kg/episode. batch emission episode for which the
324
ER19JN00.030</MATH>
demonstration is being made, taking (2) Estimation of flow rate based on

into account the nature, size, operating physical equipment design such as
conditions, production rate, and se- pump or blower capacities;
quence of process steps (e.g., reaction, (3) Estimation of TOC or organic
distillation, etc.) of the equipment in HAP concentrations based on satura-
the other process train. tion conditions; and
(B) Previous test data obtained dur- (4) Estimation of TOC or organic
ing the production of the product for HAP concentrations based on grab
which the demonstration is being samples of the liquid or vapor.
made, for the batch emission episode (iii) Data or other information used
with the highest organic HAP emis- to demonstrate that the criteria in
sions on a mass basis, show a greater paragraph (b)(6)(i) of this section have
than 20 percent discrepancy between been met shall be reported as specified
the test value and the value estimated in paragraphs (b)(6)(iii)(A) and
using the applicable equations in para- (b)(6)(iii)(B) of this section.
graphs (b)(1) through (b)(4) of this sec- (A) Data or other information used to
tion. If the criteria in this paragraph demonstrate that the criteria in para-
(b)(6)(i)(B) are met, then engineering graph (b)(6)(i)(A) or (b)(6)(i)(B) of this
assessment may be used for all batch section have been met shall be reported
emission episodes associated with that in the Notification of Compliance Sta-
batch cycle for the batch unit oper- tus, as required in § 63.1327(a)(6).
ation. (B) The request for approval to use
(C) The owner or operator has re- engineering assessment to estimate
quested and been granted approval to emissions from a batch emissions epi-
use engineering assessment to estimate sode as allowed under paragraph
emissions from a batch emissions epi- (b)(6)(i)(C) of this section, and suffi-
sode. The request to use engineering cient data or other information for
assessment to estimate emissions from demonstrating to the Administrator
a batch emissions episode shall contain that engineering assessment is an ac-
sufficient information and data to curate means of estimating emissions
demonstrate to the Administrator that for that particular batch emissions epi-
engineering assessment is an accurate sode shall be submitted with the
means of estimating emissions for that Precompliance Report, as required in
particular batch emissions episode. The § 63.1335(e)(3).
(7) For each batch process vent, the
request to use engineering assessment
TOC or organic HAP emissions associ-
to estimate emissions for a batch emis-
ated with a single batch cycle shall be
sions episode shall be submitted in the
calculated using Equation 12 of this
Precompliance Report required under
subpart.
§ 63.1335(e)(3).
(ii) Engineering assessment includes, n
but is not limited to, the following:
(A) Previous test results, provided
E cycle = ∑ E episode
i
[ Eq. 12]
the tests are representative of current i =1
operating practices; Where:
(B) Bench-scale or pilot-scale test Ecycle = Emissions for an individual batch
data obtained under conditions rep- cycle, kg/batch cycle
resentative of current process oper- Eepisode i = Emissions from batch emission epi-
sode i, kg/episode
ating conditions; n = Number of batch emission episodes for
(C) Flow rate, TOC emission rate, or the batch cycle
organic HAP emission rate specified or
implied within a permit limit applica- (8) Annual TOC or organic HAP emis-
ble to the batch process vent; and sions from a batch process vent shall
(D) Design analysis based on accepted be calculated using Equation 13 of this
chemical engineering principles, meas- subpart.
urable process parameters, or physical
( )
n
AE = ∑ ( N i ) E cycle [ Eq. 13]
or chemical laws or properties. Exam-
ples of analytical methods include, but i

ER12SE96.013</GPH>
are not limited to: i =1

(1) Use of material balances; where:
325
ER12SE96.012</GPH>
§ 63.1323 40 CFR Ch. I (7–1–16 Edition)
AE = Annual emissions from a batch process (e) Determination of average batch vent
vent, kg/yr. flow rate and annual average batch vent
Ni = Number of type i batch cycles performed flow rate. The owner or operator shall
annually, cycles/year
Ecycle i = Emissions from the batch process determine the average batch vent flow
vent associated with a single type i batch rate for each batch emission episode in
cycle, as determined in paragraph (b)(7) accordance with one of the procedures
of this section, kg/batch cycle provided in paragraphs (e)(1) through
n = Number of different types of batch cycles (e)(2) of this section. The annual aver-
that cause the emission of TOC or or- age batch vent flow rate for a batch
ganic HAP from the batch process vent
process vent shall be calculated as
(9) Individual HAP partial pressures specified in paragraph (e)(3) of this sec-
in multicomponent systems shall be tion.
determined using the appropriate (1) Determination of the average
method specified in paragraphs (b)(9)(i) batch vent flow rate for a batch emis-
through (b)(9)(iii) of this section. sion episode by direct measurement
(i) If the components are miscible, shall be made using the procedures
use Raoult’s law to calculate the par- specified in paragraphs (e)(1)(i) through
tial pressures; (e)(1)(iii) of this section.
(ii) If the solution is a dilute aqueous (i) The volumetric flow rate (FRi) for
mixture, use Henry’s law constants to a batch emission episode, in standard
calculate partial pressures;
cubic meters per minute (scmm) at 20
(iii) If Raoult’s law or Henry’s law
°C, shall be determined using Method 2,
are not appropriate or available, the
2A, 2C, or 2D, 40 CFR part 60, appendix
owner or operator may use any of the
A, as appropriate.
options in paragraphs (b)(9)(iii)(A), (B),
or (C) of this section. (ii) The volumetric flow rate of a rep-
(A) Experimentally obtained activity resentative batch emission episode
coefficients, Henry’s law constants, or shall be measured every 15 minutes.
solubility data; (iii) The average batch vent flow rate
(B) Models, such as group-contribu- for a batch emission episode shall be
tion models, to predict activity coeffi- calculated using Equation 14 of this
cients; or subpart.
(C) Assume the components of the
n
∑ FR i
system behave independently and use
the summation of all vapor pressures
i =1
from the HAPs as the total HAP par- AFR episode = [Eq. 14]
tial pressure. n
(c) [Reserved] Where:
(d) Minimum emission level exemption.
A batch process vent with annual emis- AFRepisode = Average batch vent flow rate for
the batch emission episode, scmm.
sions of TOC or organic HAP less than
FRi = Flow rate for individual measurement
11,800 kg/yr is considered a Group 2
i, scmm.
batch process vent and the owner or n = Number of flow rate measurements taken
operator of said batch process vent during the batch emission episode.
shall comply with the requirements in
§ 63.1322(f) or (g). Annual emissions of (2) The average batch vent flow rate
TOC or organic HAP are determined at for a batch emission episode may be de-
the exit of the batch unit operation, as termined by engineering assessment, as
described in paragraph (a)(2) of this defined in paragraph (b)(6)(i) of this
section, and are determined as speci- section. All data, assumptions, and
fied in paragraph (b) of this section. procedures used shall be documented.
The owner or operator of said batch (3) The annual average batch vent
process vent is not required to comply flow rate for a batch process vent shall
with the provisions in paragraphs (e) be calculated using Equation 15 of this
through (g) of this section. subpart.
326
ER19JN00.031</MATH>
∑ (DUR i ) (AFR episode, i )

n
i =1
AFR = n
[Eq. 15]
∑ (DUR i )
i =1
Where: (h) Determination of halogenation sta-

AFR = Annual average batch vent flow rate tus. To determine whether a batch
for the batch process vent, scmm. process vent or an aggregate batch
DURi = Duration of type i batch emission vent stream is halogenated, the annual
episodes annually, hrs/yr.
AFRepisode, i = Average batch vent flow rate mass emission rate of halogen atoms
for type i batch emission episode, scmm. contained in organic compounds shall
n = Number of types of batch emission epi- be calculated using the procedures
sodes venting from the batch process specified in paragraphs (h)(1) through
vent. (h)(3) of this section.
(f) Determination of cutoff flow rate. (1) The concentration of each organic
For each batch process vent, the owner compound containing halogen atoms
or operator shall calculate the cutoff (ppmv, by compound) for each batch
flow rate using Equation 16 of this sub- emission episode shall be determined
part. after the last recovery device (if any
CFR = (0.00437) (AE) ¥ 51.6 [Eq. 16] recovery devices are present), based on
any one of the following procedures:
where: (i) Process knowledge that no
CFR = Cutoff flow rate, scmm. halogens or hydrogen halides are
AE = Annual TOC or organic HAP emissions, present in the process may be used to
as determined in paragraph (b)(8) of this
section, kg/yr. demonstrate that a batch emission epi-
sode is nonhalogenated. Halogens or
(g) Group 1/Group 2 status determina- hydrogen halides that are unintention-
tion. The owner or operator shall com- ally introduced into the process shall
pare the cutoff flow rate, calculated in not be considered in making a finding
accordance with paragraph (f) of this that a batch emission episode is non-
section, with the annual average batch halogenated.
vent flow rate, determined in accord-
(ii) Engineering assessment as dis-
ance with paragraph (e)(3) of this sec-
cussed in paragraph (b)(6)(i) of this sec-
tion. The group determination status
tion.
for each batch process vent shall be
made using the criteria specified in (iii) Average concentration of or-
paragraphs (g)(1) and (g)(2) of this sec- ganic compounds containing halogens
tion. and hydrogen halides as measured by
(1) If the cutoff flow rate is greater Method 26 or 26A, 40 CFR part 60, ap-
than or equal to the annual average pendix A.
batch vent flow rate of the stream, the (iv) Any other method or data that
batch process vent is classified as a has been validated according to the ap-
Group 1 batch process vent. plicable procedures in Method 301 of
(2) If the cutoff flow rate is less than appendix A of this part.
the annual average batch vent flow (2) The annual mass emissions of
rate of the stream, the batch process halogen atoms for a batch process vent
vent is classified as a Group 2 batch shall be calculated using Equation 17 of
process vent. this subpart.
⎢n m ⎥
( ) ( )( )
E halogen = K ⎢∑ ∑ C avg j L j, i M j, i ⎥ AFR

ER19JN00.033</MATH>
[ Eq. 17]
⎢⎣ j=1 i =1 ⎥⎦
327
ER19JN00.032</MATH>
§ 63.1323 40 CFR Ch. I (7–1–16 Edition)
Where: (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this
Ehalogen = Mass of halogen atoms, dry basis, section.
kg/yr. (i) For all batch process vents, exam-
K = Constant, 0.022 (ppmv)¥1 (kg-mole per ples of process changes include, but are
scm) (minute/yr), where standard tem-
not limited to, changes in feedstock
perature is 20 °C.
AFR = Annual average batch vent flow rate type or catalyst type; or whenever
of the batch process vent, determined ac- there is replacement, removal, or
cording to paragraph (e) of this section, modification of recovery equipment
scmm. considered part of the batch unit oper-
Mj, i = Molecular weight of halogen atom i in ation as specified in paragraph (a)(2) of
compound j, kg/kg-mole. this section; or increases in production
Lj, i = Number of atoms of halogen i in com- capacity or production rate. For pur-
pound j.
poses of this paragraph (i), process
n = Number of halogenated compounds j in
the batch process vent. changes do not include: Process upsets;
m = Number of different halogens i in each unintentional, temporary process
compound j of the batch process vent. changes; and changes that are within
Cavgj = Annual average batch vent concentra- the margin of variation on which the
tion of halogenated compound j in the original group determination was
batch process vent as determined by based.
using Equation 18 of this subpart, dry
(ii) For Group 2 batch process vents
basis, ppmv.
where the group determination and
n batch mass input limitation are based
∑ (DUR i )(C i ) on the expected mix of products, the
situations described in paragraphs
i =1
C avg j = n
[Eq. 18] (i)(1)(ii)(A) and (B) of this section shall
∑ (DUR i ) be considered to be process changes.
(A) The production of combinations
i =1
of products not considered in estab-
Where:
lishing the batch mass input limita-
DURi = Duration of type i batch emission tion.
episodes annually, hrs/yr.
Ci = Average batch vent concentration of
(B) The production of a recipe of a
halogenated compound j in type i batch product with a total mass of HAP
emission episode, ppmv. charged to the reactor during the pro-
n = Number of types of batch emission epi- duction of a single batch of product
sodes venting from the batch process that is higher than the total mass of
vent. HAP for the recipe used as the single
(3) The annual mass emissions of highest-HAP recipe for that product in
halogen atoms for an aggregate batch the batch mass input limitation deter-
vent stream shall be the sum of the an- mination.
nual mass emissions of halogen atoms (iii) For Group 2 batch process vents
for all batch process vents included in where the group determination and
the aggregate batch vent stream. batch mass input limitation are based
(i) Process changes affecting Group 2 on the single highest-HAP recipe (con-
batch process vents. Whenever process sidering all products produced or proc-
changes, as described in paragraph essed in the batch unit operation), the
(i)(1) of this section, are made that af- production of a recipe having a total
fect one or more Group 2 batch process mass of HAP charged to the reactor
vents and that could reasonably be ex- (during the production of a single
pected to change one or more Group 2 batch of product) that is higher than
batch process vents to Group 1 batch the total mass of HAP for the highest-
process vents or that could reasonably HAP recipe used in the batch mass
be expected to reduce the batch mass input limitation determination shall
input limitation for one or more Group be considered to be a process change.
2 batch process vents, the owner or op- (2) For each batch process vent af-
erator shall comply with paragraphs fected by a process change, the owner
(i)(2) and (3) of this section. or operator shall redetermine the

(1) Examples of process changes in- group status by repeating the proce-
clude the changes listed in paragraphs dures specified in paragraphs (b)
328
ER19JN00.034</MATH>
through (g) of this section, as applica- (j) Process changes to new SAN affected
ble; alternatively, engineering assess- sources using a batch process. Whenever
ment, as described in paragraph process changes, as described in para-
(b)(6)(i) of this section, may be used to graph (j)(1) of this section, are made to
determine the effects of the process a new affected source producing SAN
change. using a batch process that could rea-
(3) Based on the results from para- sonably be expected to adversely im-
graph (i)(2) of this section, owners or pact the compliance status (i.e.,
operators of affected sources shall com- achievement of 84 percent emission re-
ply with either paragraph (i)(3)(i), (ii), duction) of the affected source, the
or (iii) of this section. owner or operator shall comply with
(i) If the group redetermination de- paragraphs (j)(2) and (3) of this section.
scribed in paragraph (i)(2) of this sec- (1) Examples of process changes in-
tion indicates that a Group 2 batch clude, but are not limited to, changes
process vent has become a Group 1 in production capacity, production
batch process vent as a result of the rate, feedstock type, or catalyst type;
process change, the owner or operator replacement, removal, or addition of
shall submit a report as specified in recovery equipment considered part of
§ 63.1327(b) and shall comply with the a batch unit operation, as specified in
Group 1 provisions in §§ 63.1322 through paragraph (a)(1) of this section; re-
63.1327 in accordance with placement, removal, or addition of con-
§ 63.1310(i)(2)(ii) or (i)(2)(iii), as applica- trol equipment associated with a con-
ble. tinuous or batch process vent or an ag-
(ii) If the redetermination described gregate batch vent stream. For pur-
in paragraph (i)(2) of this section indi- poses of this paragraph (j)(1), process
cates that a Group 2 batch process vent changes do not include process upsets
with annual emissions less than the or unintentional, temporary process
level specified in paragraph (d) of this changes.
section, that is in compliance with (2) The owner or operator shall rede-
§ 63.1322(g), now has annual emissions termine the percent emission reduction
greater than or equal to the level speci- achieved using the procedures specified
fied in paragraph (d) of this section but in § 63.1333(c). If engineering assess-
remains a Group 2 batch process vent, ment, as described in paragraph
the owner or operator shall comply (b)(6)(i) of this section, can dem-
with the provisions in paragraphs onstrate that the process change did
(i)(3)(ii)(A) through (C) of this section. not cause the percent emission reduc-
(A) Redetermine the batch mass tion to decrease, it may be used in lieu
input limitation; of redetermining the percent reduction
(B) Submit a report as specified in using the procedures specified in
§ 63.1327(c); and § 63.1333(c).
(C) Comply with § 63.1322(f), beginning (3) Where the redetermined percent
with the year following the submittal reduction is less than 84 percent, the
of the report submitted according to owner or operator of the affected
paragraph (i)(3)(ii)(B) of this section. source shall submit a report as speci-
(iii) If the group redetermination de- fied in § 63.1327(d) and shall comply
scribed in paragraph (i)(2) of this sec- with § 63.1322(a)(3) and all associated
tion indicates no change in group sta- provisions in accordance with
tus or no change in the relation of an- § 63.1310(i).
nual emissions to the levels specified [61 FR 48229, Sept. 12, 1996, as amended at 64
in paragraph (d) of this section, the FR 11549, Mar. 9, 1999; 65 FR 38113, June 19,
owner or operator shall comply with 2000; 66 FR 36938, July 16, 2001]
paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B)
of this section. § 63.1324 Batch process vents—moni-
(A) The owner or operator shall rede- toring equipment.
termine the batch mass input limita- (a) General requirements. Each owner
tion; and or operator of a batch process vent or
(B) The owner or operator shall sub- aggregate batch vent stream that uses
mit the new batch mass input limita- a control device to comply with the re-
tion in accordance with § 63.1327(c). quirements in § 63.1322(a) or § 63.1322(b),
329
§ 63.1324 40 CFR Ch. I (7–1–16 Edition)
shall install the monitoring equipment couple, ultra-violet beam sensor, or in-
specified in paragraph (c) of this sec- frared sensor) capable of continuously
tion. All monitoring equipment shall detecting the presence of a pilot flame
be installed, calibrated, maintained, is required.
and operated according to manufactur- (3) Where a boiler or process heater of
er’s specifications or other written pro- less than 44 megawatts design heat
cedures that provide adequate assur- input capacity is used, a temperature
ance that the equipment would reason- monitoring device in the firebox
ably be expected to monitor accu- equipped with a continuous recorder is
rately. required. Any boiler or process heater
(1) This monitoring equipment shall in which all batch process vents or ag-
be in operation at all times when batch gregate batch vent streams are intro-
emission episodes, or portions thereof, duced with the primary fuel or are used
that the owner or operator has selected as the primary fuel is exempt from this
to control are vented to the control de- requirement.
vice, or at all times when an aggregate (4) Where a scrubber is used with an
batch vent stream is vented to the con- incinerator, boiler, or process heater in
trol device. concert with the combustion of halo-
(2) Except as otherwise provided in genated batch process vents or halo-
this subpart, the owner or operator genated aggregate batch vent streams,
shall operate control devices such that the following monitoring equipment is
the daily average of monitored param- required for the scrubber.
eters, established as specified in para- (i) A pH monitoring device equipped
graph (f) of this section, remains above with a continuous recorder to monitor
the minimum level or below the max- the pH of the scrubber effluent.
imum level, as appropriate. (ii) A flow measurement device
(b) Continuous process vents. Each equipped with a continuous recorder
owner or operator of a continuous proc- shall be located at the scrubber influ-
ess vent that uses a control device or ent for liquid flow. Gas stream flow
recovery device to comply with the re- shall be determined using one of the
quirements in § 63.1322(a)(3) shall com- procedures specified in paragraphs
ply with the applicable requirements of (c)(4)(ii)(A) through (c)(4)(ii)(C) of this
§ 63.1315(a) as specified in § 63.1321(b). section.
(c) Batch process vent and aggregate (A) The owner or operator may deter-
batch vent stream monitoring equipment. mine gas stream flow using the design
The monitoring equipment specified in blower capacity, with appropriate ad-
paragraphs (c)(1) through (c)(8) of this justments for pressure drop.
section shall be installed as specified in (B) If the scrubber is subject to regu-
paragraph (a) of this section. The pa- lations in 40 CFR parts 264 through 266
rameters to be monitored are specified that have required a determination of
in Table 7 of this subpart. the liquid to gas (L/G) ratio prior to
(1) Where an incinerator is used, a the applicable compliance date for this
temperature monitoring device subpart, the owner or operator may de-
equipped with a continuous recorder is termine gas stream flow by the method
required. that had been utilized to comply with
(i) Where an incinerator other than a those regulations. A determination
catalytic incinerator is used, the tem- that was conducted prior to the com-
perature monitoring device shall be in- pliance date for this subpart may be
stalled in the firebox or in the duct- utilized to comply with this subpart if
work immediately downstream of the it is still representative.
firebox in a position before any sub- (C) The owner or operator may pre-
stantial heat exchange occurs. pare and implement a gas stream flow
(ii) Where a catalytic incinerator is determination plan that documents an
used, temperature monitoring devices appropriate method which will be used
shall be installed in the gas stream im- to determine the gas stream flow. The
mediately before and after the catalyst plan shall require determination of gas
bed. stream flow by a method which will at

(2) Where a flare is used, a device (in- least provide a value for either a rep-
cluding but not limited to a thermo- resentative or the highest gas stream
330
flow anticipated in the scrubber during subpart and paragraph (c) of this sec-
representative operating conditions tion.
other than malfunctions. The plan (e) Monitoring of bypass lines. Owners
shall include a description of the meth- or operators of a batch process vent or
odology to be followed and an expla- aggregate batch vent stream using a
nation of how the selected method- vent system that contains bypass lines
ology will reliably determine the gas that could divert emissions away from
stream flow, and a description of the a control device used to comply with
records that will be maintained to doc- § 63.1322(a) or § 63.1322(b) shall comply
ument the determination of gas stream with either paragraph (e)(1) or (e)(2) of
flow. The owner or operator shall this section. Equipment such as low leg
maintain the plan as specified in drains, high point bleeds, analyzer
§ 63.1335(a). vents, open-ended valves or lines, and
(5) Where an absorber is used, a pressure relief valves needed for safety
scrubbing liquid temperature moni- purposes are not subject to this para-
toring device and a specific gravity graph (e).
monitoring device are required, each (1) Properly install, maintain, and
equipped with a continuous recorder. operate a flow indicator that takes a
(6) Where a condenser is used, a con- reading at least once every 15 minutes.
denser exit temperature (product side) Records shall be generated as specified
monitoring device equipped with a con- in § 63.1326(e)(3). The flow indicator
tinuous recorder is required. shall be installed at the entrance to
(7) Where a carbon adsorber is used, any bypass line that could divert emis-
an integrating regeneration steam flow sions away from the control device and
or nitrogen flow, or pressure moni- to the atmosphere; or
toring device having an accuracy of ±10 (2) Secure the bypass line damper or
percent of the flow rate, level, or pres- valve in the non-diverting position
sure, or better, capable of recording the with a car-seal or a lock-and-key type
total regeneration steam flow or nitro- configuration. A visual inspection of
gen flow, or pressure (gauge or abso- the seal or closure mechanism shall be
lute) for each regeneration cycle; and a performed at least once every month to
carbon bed temperature monitoring de- ensure that the damper or valve is
vice, capable of recording the carbon maintained in the non-diverting posi-
bed temperature after each regeneration and emissions are not diverted
tion and within 15 minutes of com- through the bypass line. Records shall
pleting any cooling cycle are required. be generated as specified in
(8) As an alternate to paragraphs § 63.1326(e)(4).
(c)(5) through (c)(7) of this section, the (f) Establishment of parameter moni-
owner or operator may install an or- toring levels. Parameter monitoring lev-
ganic monitoring device equipped with els for batch process vents and aggre-
a continuous recorder. gate batch vent streams shall be estab-
(d) Alternative monitoring parameters. lished as specified in paragraphs (f)(1)
An owner or operator of a batch proc- through (f)(3) of this section. For con-
ess vent or aggregate batch vent tinuous process vents complying with
stream may request approval to mon- § 63.1322(a)(3), parameter monitoring
itor parameters other than those re- levels shall be established as specified
quired by paragraph (c) of this section. in § 63.1315(a), except as specified in
The request shall be submitted accord- paragraph (f)(4) of this section.
ing to the procedures specified in (1) For each parameter monitored
§ 63.1327(f) and § 63.1335(f). Approval under paragraph (c) or (d) of this sec-
shall be requested if the owner or oper- tion, the owner or operator shall estab-
ator: lish a level, defined as either a max-
(1) Uses a control device other than imum or minimum operating param-
those included in paragraph (c) of this eter as denoted in Table 8 of this sub-
section; or part, that indicates proper operation of
(2) Uses one of the control devices in- the control device. The level shall be
cluded in paragraph (c) of this section, established in accordance with the pro-
but seeks to monitor a parameter other cedures specified in § 63.1334. The level
than those specified in Table 7 of this may be based upon a prior performance
331
§ 63.1325 40 CFR Ch. I (7–1–16 Edition)
test conducted for determining compli- § 63.1322(a)(3), § 63.1322(b)(1), or

ance with a regulation promulgated by § 63.1322(b)(3), the owner or operator of
EPA, and the owner or operator is not an affected source shall comply with
required to conduct a performance test § 63.1333(e).
under § 63.1325, provided that the prior (b) Exceptions to performance tests. An
performance test meets the conditions owner or operator is not required to
of § 63.1325(b)(3). conduct a performance test when a
(i) For batch process vents using a control device specified in paragraphs
control device to comply with (b)(1) through (b)(5) of this section is
§ 63.1322(a)(2), the established level used to comply with § 63.1322(a)(2) or
shall reflect the control efficiency es- (a)(3).
tablished as part of the initial compli- (1) A boiler or process heater with a
ance demonstration specified in design heat input capacity of 44
§ 63.1325(c)(2). megawatts or greater.
(ii) For aggregate batch vent streams (2) A boiler or process heater where
using a control device to comply with the vent stream is introduced with the
§ 63.1322(b)(2), the established level
primary fuel or is used as the primary
shall reflect the emission reduction re-
fuel.
quirement of either 90 percent or 20
(3) A control device for which a per-
ppmv specified in § 63.1322(b)(2).
(iii) For batch process vents and ag- formance test was conducted for deter-
gregate batch vent streams using a mining compliance with a regulation
control device to comply with promulgated by the EPA and the test
§ 63.1322(a)(3), the established level was conducted using the same Methods
shall reflect the control efficiency es- specified in this section and either no
tablished as part of the initial compli- deliberate process changes have been
ance demonstration specified in made since the test, or the owner or
§ 63.1325(f)(4). operator can demonstrate that the re-
(2) The established level, along with sults of the performance test, with or
supporting documentation, shall be without adjustments, reliably dem-
submitted in the Notification of Com- onstrate compliance despite process
pliance Status or the operating permit changes. Recovery devices used for con-
application as required in § 63.1335(e)(5) trolling emissions from continuous
or § 63.1335(e)(8), respectively. process vents complying with
(3) The operating day shall be defined § 63.1322(a)(3) are also eligible for the
as part of establishing the parameter exemption described in this paragraph
monitoring level and shall be sub- (b)(3).
mitted with the information in para- (4) A boiler or process heater burning
graph (f)(2) of this section. The defini- hazardous waste for which the owner or
tion of operating day shall specify the operator:
time(s) at which an operating day be- (i) Has been issued a final permit
gins and ends. The operating day shall under 40 CFR part 270 and complies
not exceed 24 hours. with the requirements of 40 CFR part
(4) For continuous process vents 266, subpart H; or
using a control or recovery device to (ii) Has certified compliance with the
comply with § 63.1322(a)(3), the estab- interim status requirements of 40 CFR
lished level shall reflect the control ef- part 266, subpart H.
ficiency established as part of the ini- (5) A hazardous waste incinerator for
tial compliance demonstration speci- which the owner or operator has been
fied in § 63.1325(f)(4). issued a final permit under 40 CFR part
270 and complies with the requirements
FR 38118, June 19, 2000; 66 FR 36938, July 16, of 40 CFR part 264, subpart O, or has
2001; 79 FR 17366, Mar. 27, 2014] certified compliance with the interim
status requirements of 40 CFR part 265,
§ 63.1325 Batch process vents—per- subpart O.
formance test methods and proce- (c) Batch process vent testing and pro-
dures to determine compliance. cedures for compliance with

(a) Use of a flare. When a flare is used § 63.1322(a)(2). Except as provided in
to comply with § 63.1322(a)(1), paragraph (a) or (b) of this section, an
332
owner or operator using a control de- the results are still relevant to the cur-
vice to comply with § 63.1322(a)(2) shall rent batch process vent conditions.
conduct a performance test using the (B) Method 1 or 1A, 40 CFR part 60,
procedures specified in paragraph (c)(1) appendix A, as appropriate, shall be
of this section in order to determine used for selection of the sampling sites
the control efficiency of the control de- if the flow measuring device is a pitot
vice. An owner or operator shall deter- tube, except that references to particu-
mine the percent reduction for the late matter in Method 1A do not apply
batch cycle using the control efficiency for the purposes of this subpart. No tra-
of the control device as specified in verse is necessary when Method 2A or
paragraphs (c)(2)(i) through (c)(2)(iii) of 2D, 40 CFR part 60, appendix A is used
this section and the procedures speci- to determine gas stream volumetric
fied in paragraph (c)(2) of this section. flow rate. Inlet sampling sites shall be
Compliance may be based on either located as specified in paragraphs
total organic HAP or TOC. For pur- (c)(1)(i)(B)(1) and (c)(1)(i)(B)(2) of this
poses of this paragraph (c), the term section. Outlet sampling sites shall be
‘‘batch emission episode’’ shall have located at the outlet of the control de-
the meaning ‘‘period of the batch emis- vice prior to release to the atmosphere.
sion episode selected for control,’’ (1) The control device inlet sampling
which may be the entire batch emis- site shall be located at the exit from
sion episode or may only be a portion the batch unit operation before any
of the batch emission episode. control device. § 63.1323(a)(2) describes
(1) Performance tests shall be con- those recovery devices considered part
ducted as specified in paragraphs of the unit operation. Inlet sampling
(c)(1)(i) through (c)(1)(v) of this section. sites would be after these specified re-
(i) Except as specified in paragraph covery devices.
(c)(1)(i)(A) of this section, a test shall (2) If a batch process vent is intro-
be performed for the entire period of duced with the combustion air or as a
each batch emission episode in the secondary fuel into a boiler or process
batch cycle that the owner or operator heater with a design capacity less than
selects to control as part of achieving 44 megawatts, selection of the location
the required 90 percent emission reduc- of the inlet sampling sites shall ensure
tion for the batch cycle specified in the measurement of total organic HAP
§ 63.1322(a)(2). Only one test is required or TOC (minus methane and ethane)
for each batch emission episode se- concentrations in all batch process
lected by the owner or operator for vents and primary and secondary fuels
control. The owner or operator shall introduced into the boiler or process
follow the procedures listed in para- heater.
graphs (c)(1)(i)(B) through (c)(1)(i)(D) of (C) Gas stream volumetric flow rate
this section. and/or average batch vent flow rate
(A) Alternatively, an owner or oper- shall be determined as specified in
ator may choose to test only those pe- § 63.1323(e).
riods of the batch emission episode dur- (D) Method 18 or Method 25A, 40 CFR
ing which the emission rate for the en- part 60, appendix A shall be used to de-
tire episode can be determined or dur- termine the concentration of organic
ing which the emissions are greater HAP or TOC, as appropriate. Alter-
than the average emission rate of the natively, any other method or data
batch emission episode. The owner or that has been validated according to
operator choosing either of these op- the applicable procedures in Method 301
tions shall develop an emission profile of appendix A of this part may be used.
for the entire batch emission episode, The use of Method 25A, 40 CFR part 60,
based on either process knowledge or appendix A shall conform with the re-
test data collected, to demonstrate quirements in paragraphs (c)(1)(i)(D)(1)
that test periods are representative. and (c)(1)(i)(D)(2) of this section.
Examples of information that could (1) The organic HAP used as the cali-
constitute process knowledge include bration gas for Method 25A, 40 CFR
calculations based on material bal- part 60, appendix A shall be the single
ances and process stoichiometry. Pre- organic HAP representing the largest
vious test results may be used provided percent by volume of the emissions.
333
§ 63.1325 40 CFR Ch. I (7–1–16 Edition)
(2) The use of Method 25A, 40 CFR (ii) If an integrated sample is taken
part 60, appendix A is acceptable if the over the entire test period to deter-
response from the high-level calibra- mine average batch vent concentration
tion gas is at least 20 times the stand- of TOC or total organic HAP, emissions
ard deviation of the response from the per batch emission episode shall be cal-
zero calibration gas when the instru- culated using Equations 19 and 20 of
ment is zeroed on the most sensitive this subpart.
scale.
⎡n ⎤
( )( )
E episode, inlet = K ⎢∑ C j, inlet M j ⎥ ( AFR inlet ) (Th )
⎢⎣ j=1
[ Eq. 19]
⎦⎥
⎡n ⎤
⎢⎣ j=1
( )( )
E episode,outlet = K ⎢∑ C j, outlet M j ⎥ ( AFR outlet ) (Th )
⎥⎦
[ Eq. 20]
Where: n = Number of organic HAP in stream. Note:

Eepisode = Inlet or outlet emissions, kg/epi- Summation is not applicable if TOC
sode. emissions are being estimated using a
K = Constant, 2.494 × 10¥6 (ppmv)¥1 (gm- TOC concentration measured using
mole/scm) (kg/gm) (min/hr), where stand- Method 25A, 40 CFR part 60, appendix A.
ard temperature is 20 °C.
Cj = Average inlet or outlet concentration of (iii) If grab samples are taken to de-
TOC or sample organic HAP component j termine average batch vent concentra-
of the gas stream for the batch emission tion of TOC or total organic HAP,
episode, dry basis, ppmv. emissions shall be calculated according
Mj = Molecular weight of TOC or sample or- to paragraphs (c)(1)(iii)(A) and (B) of
ganic HAP component j of the gas this section.
stream, gm/gm-mole.
AFR = Average inlet or outlet flow rate of (A) For each measurement point, the
gas stream for the batch emission epi- emission rates shall be calculated
sode, dry basis, scmm. using Equations 21 and 22 of this sub-
Th = Hours/episode. part.
⎢n ⎥
E point , inlet = K ⎢∑ C j M j ⎥ FR inlet [ Eq. 21]
⎢⎣ j=1 ⎥⎦
⎢n ⎥
E point , outlet = K ⎢∑ C j M j ⎥ FR outlet [ Eq. 22]
⎢⎣ j=1 ⎥⎦ ER19JN00.038</MATH>
Where: Mj = Molecular weight of TOC or sample or-

Epoint = Inlet or outlet emission rate for the ganic HAP component j of the gas
ER19JN00.037</MATH>
measurement point, kg/hr. stream, gm/gm-mole.

FR = Inlet or outlet flow rate of gas stream
K = Constant, 2.494 × 10¥6 (ppmv)¥1 (gm-
for the measurement point, dry basis,
mole/scm) (kg/gm) (min/hr), where stand-
scmm.
ard temperature is 20 °C.
n = Number of organic HAP in stream. Note:
Cj = Inlet or outlet concentration of TOC or Summation is not applicable if TOC
ER19JN00.036</MATH>
sample organic HAP component j of the emissions are being estimated using a
gas stream, dry basis, ppmv. TOC concentration measured using
Method 25A, 40 CFR part 60, appendix A.
334
ER19JN00.035</MATH>
(B) The emissions per batch emission

episode shall be calculated using Equa-
tions 23 and 24 of this subpart.
⎡ n E po int,inlet ,i ⎤
E episode,inlet = ( DUR ) ⎢ ∑ ⎥ [ Eq. 23]
⎢⎣ i =1 n ⎥⎦
⎡ n E po int,outlet ,i ⎤
E episode,outlet = ( DUR ) ⎢ ∑ ⎥ [ Eq. 24]
⎢⎣ i =1 n ⎥⎦
where: Epoint, i = Inlet or outlet emissions for meas-

Eepisode = Inlet or outlet emissions, kg/epi- urement point i, kg/hr.
sode. n = Number of measurements.
DUR = Duration of the batch emission epi- (iv) The control efficiency for the
sode, hr/episode. control device shall be calculated using
Equation 25 of this subpart.
n n
∑ E inlet,i − ∑ E outlet,i
R= i =1
n
i =1
(100 ) [ Eq. 25]
∑ E inlet,i
i =1
where: by comparing the TOC or total organic

R = Control efficiency of control device, per- HAP in all combusted batch process
cent. vents and primary and secondary fuels
Einlet = Mass rate of TOC or total organic
with the TOC or total organic HAP, re-
HAP for batch emission episode i at the
inlet to the control device as calculated spectively, exiting the combustion de-
under paragraph (c)(1)(ii) or (c)(1)(iii) of vice.
this section, kg/hr. (2) The percent reduction for the
Eoutlet = Mass rate of TOC or total organic batch cycle shall be determined using
HAP for batch emission episode i at the Equation 26 of this subpart and the
outlet of the control device, as cal-
culated under paragraph (c)(1)(ii) or control device efficiencies specified in
(c)(1)(iii) of this section, kg/hr. paragraphs (c)(2)(i) through (c)(2)(iii) of
n = Number of batch emission episodes in the this section. All information used to
batch cycle selected to be controlled. calculate the batch cycle percent re-
(v) If the batch process vent entering duction, including a definition of the
a boiler or process heater with a design batch cycle identifying all batch emis-
capacity less than 44 megawatts is in- sion episodes, shall be recorded as spec-
troduced with the combustion air or as ified in § 63.1326(b)(2). This information
a secondary fuel, the weight-percent shall include identification of those
ER12SE96.024</GPH>
reduction of total organic HAP or TOC batch emission episodes, or portions

across the device shall be determined thereof, selected for control.
ER12SE96.023</GPH>
335
ER12SE96.022</GPH>
§ 63.1325 40 CFR Ch. I (7–1–16 Edition)
n n n
∑ E unc + ∑ E inlet, con − ∑ (1 − R) E inlet, con
i=1 i =1 i =1
PR = n n
(100) [Eq. 26]
∑ E unc + ∑ E inlet, con
i=1 i =1
Where: the halogen reduction device used to

PR = Percent reduction reduce halogen emissions in complying
Eunc = Mass rate of TOC or total organic HAP with § 63.1322(c)(2).
for uncontrolled batch emission episode (2) The mass emissions of each hydro-
i, kg/hr.
Einlet, con = Mass rate of TOC or total organic
gen halide and halogen compound for
HAP for controlled batch emission epi- the batch cycle or aggregate batch
sode i at the inlet to the control device, vent stream shall be calculated from
kg/hr. the measured concentrations and the
R = Control efficiency of control device as gas stream flow rate(s) determined by
specified in paragraphs (c)(2)(i) through the procedures specified in paragraphs
(c)(2)(iii) of this section. (d)(2)(i) and (d)(2)(ii) of this section ex-
n = Number of uncontrolled batch emission
cept as specified in paragraph (d)(5) of
episodes, controlled batch emission epi-
sodes, and control devices. The value of n this section.
is not necessarily the same for these (i) Method 26 or Method 26A, 40 CFR
three items. part 60, appendix A, shall be used to de-
termine the concentration, in Mg per
(i) If a performance test is required
dry scm, of total hydrogen halides and
by paragraph (c) of this section, the
control efficiency of the control device halogens present in the emissions
shall be as determined in paragraph stream.
(c)(1)(iv) of this section. (ii) Gas stream volumetric flow rate
(ii) If a performance test is not re- and/or average batch vent flow rate
quired by paragraph (c) of this section shall be determined as specified in
for a combustion control device, as § 63.1323(e).
specified in paragraph (b) of this sec- (3) To determine compliance with the
tion, the control efficiency shall be 98 percent reduction specified in
percent. The control efficiency for a § 63.1322(c)(1), the mass emissions for
flare shall be 98 percent. any hydrogen halides and halogens
(iii) If a performance test is not represent at the inlet of the scrubber or
quired by paragraph (c) of this section other halogen reduction device shall be
for a noncombustion control device, summed together. The mass emissions
the control efficiency shall be deter- of any hydrogen halides or halogens
mined by the owner or operator based present at the outlet of the scrubber or
on engineering assessment. other halogen reduction device shall be
(d) Batch process vent and aggregate summed together. Percent reduction
batch vent stream testing for compliance shall be determined by subtracting the
with § 63.1322(c) [halogenated emission outlet mass emissions from the inlet
streams]. An owner or operator control- mass emissions and then dividing the
ling halogenated emissions in compli- result by the inlet mass emissions and
ance with § 63.1322(c) shall conduct a multiplying by 100.
performance test to determine compli- (4) To determine compliance with the
ance with the control efficiency speci- emission limit specified in
fied in § 63.1322(c)(1) or the emission § 63.1322(c)(2), the annual mass emis-
limit specified in § 63.1322(c)(2) for hy- sions for any hydrogen halides and
drogen halides and halogens. halogens present at the outlet of the
(1) Sampling sites shall be located at halogen reduction device and prior to
the inlet and outlet of the scrubber or any combustion device shall be
other halogen reduction device used to summed together and compared to the
reduce halogen emissions in complying emission limit specified in
with § 63.1322(c)(1) or at the outlet of § 63.1322(c)(2).
336
ER19JN00.039</MATH>
(5) The owner or operator may use § 63.1322(a)(3) shall conduct perform-
any other method to demonstrate com- ance tests as specified in either para-
pliance if the method or data has been graph (f)(1), (f)(2), or (f)(3) of this sec-
validated according to the applicable tion, as applicable. Compliance with
procedures of Method 301 of appendix A § 63.1322(a)(3) shall be determined as
of this part. specified in paragraph (f)(4) of this sec-
(e) Aggregate batch vent stream testing tion.
for compliance with § 63.1322(b)(2) or (1) For batch process vents, perform-
(b)(3). Except as specified in paragraphs ance tests shall be conducted using the
(e)(1) through (e)(3) of this section, procedures specified in paragraph (c) of
owners or operators of aggregate batch this section, except that the owner or
vent streams complying with operator is not required to determine
§ 63.1322(b)(2) or (b)(3) shall conduct a the percent reduction for the batch
performance test using the perform- cycle as specified in paragraph (c)(2) of
ance testing procedures for continuous this section.
process vents in § 63.116(c). (2) For continuous process vents, per-
(1) For purposes of this subpart, when formance tests shall be conducted as
the provisions of § 63.116(c) specify that required by the applicable require-
Method 18, 40 CFR part 60, appendix A, ments of § 63.1315(a) as specified in
shall be used, Method 18 or Method 25A, § 63.1321(b).
40 CFR part 60, appendix A, may be (3) For aggregate batch vent streams,
used. The use of Method 25A, 40 CFR performance tests shall be conducted
part 60, appendix A, shall conform with as specified in paragraph (e) of this sec-
the requirements in paragraphs (e)(1)(i) tion.
and (e)(1)(ii) of this section. (4) Compliance with the percent re-
(i) The organic HAP used as the cali- duction requirement of § 63.1322(a)(3)
bration gas for Method 25A, 40 CFR shall be demonstrated using the proce-
part 60, appendix A, shall be the single dures specified in § 63.1333(c) and the
organic HAP representing the largest control device efficiencies specified in
percent by volume of the emissions. either paragraph (f)(4)(i) or (f)(4)(ii) of
(ii) The use of Method 25A, 40 CFR this section. Emissions for uncon-
part 60, appendix A, is acceptable if the trolled continuous process vents and
response from the high-level calibra- aggregate batch vent streams shall be
tion gas is at least 20 times the stand- determined based on the direct meas-
ard deviation of the response from the urement procedures specified in para-
zero calibration gas when the instru- graph (f)(2) and (f)(3) of this section, re-
ment is zeroed on the most sensitive spectively, or based on engineering as-
scale. sessment, as specified in
(2) When § 63.116(c)(4) refers to com- § 63.1323(b)(6)(i). At the discretion of the
plying with an emission reduction of 98 owner or operator, emissions for un-
percent, for purposes of this subpart, controlled batch process vents shall be
the 90 percent reduction requirement determined based on any of the proce-
specified in § 63.1322(b)(2) shall apply. dures in § 63.1323(b).
(3) When a combustion device is used (i) For noncombustion devices, the
to comply with the 20 parts per million control efficiency shall be as deter-
by volume outlet concentration stand- mined by the performance test required
ard specified in § 63.1322(b)(2), the cor- by paragraph (f)(1), (f)(2), or (f)(3) of
rection to 3 percent oxygen specified in this section. Alternatively, if a per-
the performance testing procedures of formance test is not required by para-
§ 63.116(c)(3) and § 63.116(c)(3)(iii) is only graph (c) of this section, the control ef-
required when supplemental combus- ficiency shall be determined by the
tion air is used to combust the emis- owner or operator based on engineering
sions, for the purposes of this subpart. assessment.
(f) Compliance with § 63.1322(a)(3) [new (ii) For combustion devices, the con-
SAN batch affected sources]. Except as trol efficiency shall be as determined
provided in paragraph (b) of this sec- by the performance test required by
tion, an owner or operator using a con- paragraph (f)(1), (f)(2), or (f)(3) of this
trol or recovery device to comply with section. Alternatively, if a perform-
the percent reduction requirement in ance test is not required, the control
337
§ 63.1326 40 CFR Ch. I (7–1–16 Edition)
efficiency shall be 98 percent. The con- tion, the records required by this para-
trol efficiency for a flare shall be 98 graph (a) are restricted to the informa-
percent. tion developed and used to make the
(g) Batch mass input limitation. The group determination under §§ 63.1323(b)
batch mass input limitation required through 63.1323(g), as appropriate. If an
by § 63.1322(g)(1) shall be determined by owner or operator did not need to de-
the owner or operator such that annual velop certain information (e.g., annual
emissions for the batch process vent re- average batch vent flow rate) to deter-
main less than the level specified in mine the group status, this paragraph
§ 63.1323(d). The batch mass input limi- (a) does not require that additional in-
tation required by § 63.1322(f)(1) shall be formation be developed. Paragraph
determined by the owner or operator (a)(9) of this section specifies the rec-
such that annual emissions remain at a ordkeeping requirements for Group 2
level that ensures that said batch proc- batch process vents that are exempt
ess vent remains a Group 2 batch proc- from the batch mass input limitation
ess vent, given the actual annual flow provisions, as allowed under § 63.1322(h).
rate for said batch process vent deter- (1) An identification of each unique
mined according to the procedures product that has emissions from one or
specified in § 63.1323(e)(3). The batch more batch emission episodes venting
mass input limitation shall be deter- from the batch process vent, along
mined using the same basis, as de- with an identification of the single
scribed in § 63.1323(a)(1), used to make highest-HAP recipe for each product
the group determination (i.e., expected and the mass of HAP fed to the reactor
mix of products or highest-HAP rec- for that recipe.
ipe.) The establishment of the batch (2) A description of, and an emission
mass input limitation is not dependent estimate for, each batch emission epi-
upon any past production or activity sode, and the total emissions associ-
level. ated with one batch cycle, as described
(1) If the expected mix of products in either paragraph (a)(2)(i) or (a)(2)(ii)
serves as the basis for the batch mass of this section, as appropriate.
input limitation, the batch mass input (i) If the group determination is
limitation shall be determined based based on the expected mix of products,
on any foreseeable combination of records shall include the emission esti-
products that the owner or operator ex- mates for the single highest-HAP rec-
pects to manufacture. ipe of each unique product identified in
(2) If the single highest-HAP recipe paragraph (a)(1) of this section that
serves as the basis for the batch mass was considered in making the group de-
input limitation, the batch mass input termination under § 63.1323.
limitation shall be determined based (ii) If the group determination is
solely on the production of the single based on the single highest-HAP recipe
highest-HAP recipe, considering all (considering all products produced or
products produced or processed in the processed in the batch unit operation),
batch unit operation. records shall include the emission esti-
[61 FR 48229, Sept. 12, 1996, as amended at 64 mates for the single highest-HAP rec-
FR 11549, Mar. 9, 1999; 65 FR 38119, June 19, ipe.
2000] (3) Total annual uncontrolled TOC or
organic HAP emissions, determined at
§ 63.1326 Batch process vents—record- the exit from the batch unit operation
keeping provisions. before any control device, determined
(a) Group determination records for in accordance with § 63.1323(b).
batch process vents. Except as provided (i) For Group 2 batch process vents,
in paragraphs (a)(7) and (a)(8) of this said emissions shall be determined at
section, each owner or operator of an the batch mass input limitation.
affected source shall maintain the (ii) For Group 1 batch process vents,
records specified in paragraphs (a)(1) said emissions shall be those used to
through (a)(6) of this section for each determine the group status of the
batch process vent subject to the group batch process vent.

determination procedures of § 63.1323. (4) The annual average batch vent
Except for paragraph (a)(1) of this sec- flow rate for the batch process vent,
338
determined in accordance with (4) The following information when

§ 63.1323(e). using a control device to meet the per-
(5) The cutoff flow rate, determined cent reduction requirement specified in
in accordance with § 63.1323(f). § 63.1322(a)(2), (a)(3), (b)(2), or (b)(3):
(6) The results of the batch process (i) For an incinerator or non-combus-
vent group determination, conducted tion control device, the percent reduc-
in accordance with § 63.1323(g). tion of organic HAP or TOC achieved,
(7) If a batch process vent is subject as determined using the procedures
to § 63.1322(a) or (b), none of the records specified in § 63.1325(c) for batch process
in paragraphs (a)(1) through (a)(6) of vents and § 63.1325(e) for aggregate
this section are required. batch vent streams;
(8) If the total annual emissions from (ii) For a boiler or process heater, a
the batch process vent during the description of the location at which the
group determination are less than the vent stream is introduced into the boil-
appropriate level specified in er or process heater;
§ 63.1323(d), only the records in para- (iii) For a boiler or process heater
graphs (a)(1) through (a)(3) of this sec- with a design heat input capacity of
tion are required. less than 44 megawatts and where the
(9) For each Group 2 batch process vent stream is introduced with com-
vent that is exempt from the batch bustion air or used as a secondary fuel
mass input limitation provisions be- and is not mixed with the primary fuel,
cause it meets the criteria of the percent reduction of organic HAP
§ 63.1322(h), the records specified in or TOC achieved, as determined using
paragraphs (a)(9)(i) and (ii) shall be the procedures specified in § 63.1325(c)
maintained. for batch process vents and § 63.1325(e)
(i) Documentation of the maximum for aggregate batch vent streams; and
design capacity of the TPPU; and (iv) For a scrubber or other halogen
(ii) The mass of HAP or material that reduction device following a combus-
can be charged annually to the batch tion device to control halogenated
unit operation at the maximum design batch process vents or halogenated ag-
capacity. gregate batch vent streams, the per-
(b) Compliance demonstration records. cent reduction of total hydrogen
Each owner or operator of a batch halides and halogens as determined
process vent or aggregate batch vent under § 63.1325(d)(3) or the emission
stream complying with § 63.1322(a) or limit determined under § 63.1325(d)(4).
(b), shall keep the following records, as (5) When complying with the 20 parts
applicable, readily accessible: per million by volume outlet con-
(1) The annual mass emissions of centration standard specified in
halogen atoms in the batch process § 63.1322(b)(2), records of the outlet con-
vent or aggregate batch vent stream centration of organic HAP or TOC on a
determined according to the proce- dry basis. If supplemental combustion
dures specified in § 63.1323(h); air is used to combust the emissions,
(2) If the owner or operator of a batch the outlet concentration shall be cor-
process vent has chosen to comply with rected to 3 percent oxygen. If supple-
§ 63.1322(a)(2), records documenting the mental combustion air is not used, a
batch cycle percent reduction as speci- correction to 3 percent oxygen is not
fied in § 63.1325(c)(2); and required.
(3) When using a flare to comply with (c) Establishment of parameter moni-
§ 63.1322 (a)(1), (a)(3), (b)(1), or (b)(3): toring level records. For each parameter
(i) The flare design (i.e., steam-as- monitored according to § 63.1324(c) and
sisted, air-assisted or non-assisted); Table 7 of this subpart, or for alternate
(ii) All visible emission readings, parameters and/or parameters for al-
heat content determinations, flow rate ternate control devices monitored ac-
measurements, and exit velocity deter- cording to § 63.1327(f) as allowed under
minations made during the compliance § 63.1324(d), maintain documentation
determination required by § 63.1333(e); showing the establishment of the level
and that indicates proper operation of the

(iii) Periods when all pilot flames control device as required by § 63.1324(f)
were absent. for parameters specified in § 63.1324(c)
339
§ 63.1326 40 CFR Ch. I (7–1–16 Edition)
and as required by § 63.1335(e) for alter- monitored parameter, except as pro-

nate parameters. Said documentation vided in paragraph (e)(2)(iii) of this sec-
shall include the parameter monitoring tion, as calculated using the proce-
data used to establish the level. dures specified in paragraphs (e)(2)(i)
(d) Group 2 batch process vent contin- and (e)(2)(ii) of this section.
uous compliance records. The owner or (i) The batch cycle daily average
operator of a Group 2 batch process shall be calculated as the average of all
vent shall comply with either para- parameter values measured for an oper-
graph (d)(1) or (d)(2) of this section, as ating day during those batch emission
appropriate. episodes, or portions thereof, in the
(1) The owner or operator of a Group batch cycle that the owner or operator
2 batch process vent that has chosen to has selected to control.
comply with § 63.1322(g) shall keep the (ii) Monitoring data recorded during
following records readily accessible: periods of monitoring system break-
(i) Records designating the estab- downs, repairs, calibration checks, and
lished batch mass input limitation re- zero (low-level) and high-level adjust-
quired by § 63.1322(g)(1) and specified in ments shall not be included in com-
§ 63.1325(g). puting the batch cycle daily averages.
(ii) Records specifying the mass of In addition, monitoring data recorded
HAP or material charged to the batch during periods of non-operation of the
unit operation. TPPU (or specific portion thereof) re-
(2) The owner or operator of a Group sulting in cessation of organic HAP
2 batch process vent that has chosen to emissions, or periods of start-up, shut-
comply with § 63.1322(f) shall keep the down, or malfunction shall not be in-
following records readily accessible: cluded in computing the batch cycle
(i) Records designating the estab- daily averages.
lished batch mass input limitation re-
(iii) If all recorded values for a mon-
quired by § 63.1322(f)(1) and specified in
itored parameter during an operating
§ 63.1325(g).
day are above the minimum or below
(ii) Records specifying the mass of
the maximum level established in ac-
HAP or material charged to the batch
unit operation. cordance with § 63.1324(f), the owner or
(e) Controlled batch process vent con- operator may record that all values
tinuous compliance records. Each owner were above the minimum or below the
or operator of a batch process vent maximum level established rather than
that has chosen to use a control device calculating and recording a batch cycle
to comply with § 63.1322(a) shall keep daily average for that operating day.
the following records, as applicable, (3) Hourly records of whether the
readily accessible: flow indicator for bypass lines specified
(1) Continuous records of the equip- in § 63.1324(e)(1) was operating and
ment operating parameters specified to whether a diversion was detected at
be monitored under § 63.1324(c) as appli- any time during the hour. Also, records
cable, and listed in Table 7 of this sub- of the times of all periods when the
part, or specified by the Administrator vent is diverted from the control de-
in accordance with § 63.1327(f) as al- vice or the flow indicator specified in
lowed under § 63.1324(d). Said records § 63.1324(e)(1) is not operating.
shall be kept as specified under (4) Where a seal or closure mecha-
§ 63.1335(d), except as specified in para- nism is used to comply with
graphs (e)(1)(i) and (e)(1)(ii) of this sec- § 63.1324(e)(2), hourly records of whether
tion. a diversion was detected at any time
(i) For flares, the records specified in are not required. The owner or oper-
Table 7 of this subpart shall be main- ator shall record whether the monthly
tained in place of continuous records. visual inspection of the seals or closure
(ii) For carbon adsorbers, the records mechanisms has been done, and shall
specified in Table 7 of this subpart record the occurrence of all periods
shall be maintained in place of batch when the seal mechanism is broken,
cycle daily averages. the bypass line damper or valve posi-

(2) Records of the batch cycle daily tion has changed, or the key for a lock-
average value of each continuously and-key type configuration has been
340
checked out, and records of any car- mix of products for the batch process
seal that has broken. vent as allowed under § 63.1323(a)(1).
(5) Records specifying the times and (3) Definition of the operating year,
duration of periods of monitoring sys- for the purposes of determining compli-
tem breakdowns, repairs, calibration ance with the batch mass input limita-
checks, and zero (low-level) and high- tion.
level adjustments. In addition, records (4) If the batch mass input limitation
specifying any other periods of process is based on the expected mix of prod-
or control device operation when mon- ucts, the owner or operator shall pro-
itors are not operating. vide documentation that describes as
(f) Aggregate batch vent stream contin- many scenarios for differing mixes of
uous compliance records. In addition to products (i.e., how many of each type
the records specified in paragraphs (b) of product) as the owner or operator
and (c) of this section, each owner or desires the flexibility to accomplish.
operator of an aggregate batch vent Alternatively, the owner or operator
stream using a control device to com- shall provide a description of the rela-
ply with § 63.1322(b)(1) or (b)(2) shall tionship among the mix of products
keep the following records readily ac- that will allow a determination of com-
cessible: pliance with the batch mass input limi-
(1) Continuous records of the equip- tation under any number of scenarios.
ment operating parameters specified to (5) The mass of HAP or material al-
be monitored under § 63.1324(c) and list- lowed to be charged to the batch unit
ed in Table 7 of this subpart, as appli- operation per year under the batch
cable, or specified by the Adminis- mass input limitation.
trator in accordance with § 63.1327(f), as [61 FR 48229, Sept. 12, 1996, as amended at 64
allowed under § 63.1324(d), with the ex- FR 11549, Mar. 9, 1999; 65 FR 38122, June 19,
ceptions listed in (f)(1)(i) and (f)(1)(ii) 2000]
of this section.
(i) For flares, the records specified in § 63.1327 Batch process vents—report-
Table 7 of this subpart shall be maining requirements.
tained in place of continuous records. (a) The owner or operator of a batch
(ii) For carbon adsorbers, the records process vent or aggregate batch vent
specified in Table 7 of this subpart stream at an affected source shall sub-
shall be maintained in place of daily mit the information specified in para-
averages. graphs (a)(1) through (a)(6) of this sec-
(2) Records of the daily average value tion, as appropriate, as part of the No-
of each continuously monitored param- tification of Compliance Status speci-
eter for each operating day determined fied in § 63.1335(e)(5).
according to the procedures specified (1) For each batch process vent com-
in § 63.1335(d). plying § 63.1322(a) and each aggregate
(3) For demonstrating compliance batch vent stream complying
with the monitoring of bypass lines as § 63.1322(b), the information specified in
specified in § 63.1324(e), records as speci- § 63.1326 (b) and (c), as applicable.
fied in paragraphs (e)(3) or (e)(4) of this (2) For each Group 2 batch process
section, as appropriate. vent with annual emissions less than
(g) Documentation supporting the es- the level specified in § 63.1323(d), the in-
tablishment of the batch mass input formation specified in § 63.1326(d)(1)(i).
limitation shall include the informa- (3) For each Group 2 batch process
tion specified in paragraphs (g)(1) vent with annual emissions greater
through (g)(5) of this section, as appro- than or equal to the level specified in
priate. § 63.1323(d), the information specified in
(1) Identification of whether the pur- § 63.1326(d)(2)(i).
pose of the batch mass input limitation (4) For each batch process vent sub-
is to comply with § 63.1322(f)(1) or (g)(1). ject to the group determination proce-
(2) Identification of whether the dures, the information specified in
batch mass input limitation is based on § 63.1326(a), as appropriate.

the single highest-HAP recipe (consid- (5) For each Group 2 batch process
ering all products) or on the expected vent that is exempt from the batch
341
§ 63.1327 40 CFR Ch. I (7–1–16 Edition)
mass input limitation provisions be- duction for all process vents at a new
cause it meets the criteria of SAN affected source using a batch
§ 63.1322(h), the information specified in process to be less than 84 percent, the
§ 63.1326(a)(1) through (3), and the infor- owner or operator shall notify the Ad-
mation specified in § 63.1326(a)(4) ministrator and submit a description of
through (6) as applicable, calculated at the process change within 180 days
the conditions specified in § 63.1322(h). after the process change is made or
(6) When engineering assessment has with the next Periodic Report, which-
been used to estimate emissions from a ever is later. The owner or operator
batch emissions episode and the cri- shall comply with § 63.1322(a)(3) and all
teria specified in § 63.1323(b)(6)(i)(A) or associated provisions in accordance
(B) have been met, the owner or oper- with § 63.1310(i).
ator shall submit the information dem- (e) The owner or operator is not re-
onstrating that the criteria specified in quired to submit a report of a process
§ 63.1323(b)(6)(i)(A) or (B) have been met change if one of the conditions speci-
as part of the Notification of Compli- fied in paragraphs (e)(1) or (e)(2) of this
ance Status required by § 63.1335(e)(5). section is met.
(b) Whenever a process change, as de- (1) The change does not meet the de-
fined in § 63.1323(i)(1), is made that scription of a process change in
causes a Group 2 batch process vent to § 63.1323(i) or (j).
become a Group 1 batch process vent, (2) The redetermined group status re-
the owner or operator shall notify the mains Group 2 for an individual batch
Administrator and submit a descrip- process vent with annual emissions
tion of the process change within 180 greater than or equal to the level speci-
days after the process change is made fied in § 63.1323(d) and the batch mass
or with the next Periodic Report, input limitation does not decrease, a
whichever is later. The owner or oper- Group 2 batch process vent with annual
ator of an affected source shall comply emissions less than the level specified
with the Group 1 batch process vent in § 63.1323(d) complying with
provisions in §§ 63.1321 through 63.1327 § 63.1322(g) continues to have emissions
in accordance with § 63.1310(i)(2)(ii). less than the level specified in
(c) Whenever a process change, as de- § 63.1323(d) and the batch mass input
fined in § 63.1323(i)(1), is made that limitation does not decrease, or the
causes a Group 2 batch process vent achieved emission reduction remains
with annual emissions less than the at 84 percent or greater for new SAN
level specified in § 63.1323(d) for which affected sources using a batch process.
the owner or operator has chosen to (f) If an owner or operator uses a con-
comply with § 63.1322(g) to have annual trol device other than those specified
emissions greater than or equal to the in § 63.1324(c) and listed in Table 7 of
level specified in § 63.1323(d) but re- this subpart or requests approval to
mains a Group 2 batch process vent, or monitor a parameter other than those
if a process change is made that re- specified § 63.1324(c) and listed in Table
quires the owner or operator to rede- 7 of this subpart, the owner or operator
termine the batch mass input limita- shall submit a description of planned
tion as specified in § 63.1323(i)(3), the reporting and recordkeeping proce-
owner or operator shall submit a report dures, as specified in § 63.1335(f), as part
within 180 days after the process of the Precompliance Report required
change is made or with the next Peri- under § 63.1335(e)(3). The Administrator
odic Report, whichever is later. The will specify appropriate reporting and
following information shall be sub- recordkeeping requirements as part of
mitted: the review of the Precompliance Re-
(1) A description of the process port.
change; (g) Owners or operators of affected
(2) The batch mass input limitation sources complying with § 63.1324(e),
determined in accordance with shall comply with paragraph (g)(1) or
§ 63.1322(f)(1). (g)(2) of this section, as appropriate.
(d) Whenever a process change, as de- (1) Submit reports of the times of all
fined in § 63.1323(j)(1), is made that periods recorded under § 63.1326(e)(3)
could potentially cause the percent re- when the batch process vent is diverted
342
from the control device through a by- §§ 63.1335(a) and 63.1335(h) shall apply,
pass line, with the next Periodic Re- for purposes of this subpart.
port. (g) When § 63.104(f)(2) requires infor-
(2) Submit reports of all occurrences mation to be reported in the Periodic
recorded under § 63.1326(e)(4) in which Reports required by § 63.152(c), the
the seal mechanism is broken, the by- owner or operator shall instead report
pass line damper or valve position has the information specified in
changed, or the key to unlock the by- § 63.104(f)(2) in the Periodic Reports re-
pass line damper or valve was checked quired by § 63.1335(e)(6), for the pur-
out, with the next Periodic Report. poses of this subpart.
(h) The compliance date for heat ex-
FR 38123, June 19, 2000; 66 FR 36938, July 16,
change systems subject to the provi-
2001] sions of this section is specified in
§ 63.1311.
§ 63.1328 Heat exchange systems provi- [65 FR 38124, June 19, 2000]
sions.
(a) Except as specified in paragraph § 63.1329 Process contact cooling tow-
(b) of this section, each owner or oper- ers provisions.
ator of an affected source shall comply (a) The owner or operator of each
with § 63.104, with the differences noted new affected source that manufactures
in paragraphs (c) through (h) of this PET is required to comply with para-
section, for the purposes of this sub- graph (b) of this section. The owner or
part. operator of each existing affected
(b) The provisions of paragraph (a) of source that manufactures PET using a
this section do not apply to each proc- continuous terephthalic acid high vis-
ess contact cooling tower that is asso- cosity multiple end finisher process
ciated with an existing affected source that utilizes a process contact cooling
manufacturing PET. tower shall comply with paragraph (c)
(c) When the term ‘‘chemical manu- of this section, and is not required to
facturing process unit’’ is used in comply with paragraph (b) of this sec-
§ 63.104, the term ‘‘thermoplastic prod- tion. The compliance date for process
uct process unit’’ shall apply for pur- contact cooling towers subject to the
poses of this subpart, with the excep- provisions of this section is specified in
tion noted in paragraph (d) of this sec- § 63.1311.
tion. (b) New affected source requirements.
(d) When the phrase ‘‘a chemical The owner or operator of a new af-
manufacturing process unit meeting fected source subject to this section
the conditions of § 63.100(b)(1) through shall comply with paragraphs (b)(1)
(b)(3) of this subpart, except for chem- through (b)(2) of this section.
ical manufacturing process units meet- (1) The owner or operator of a new af-
ing the condition specified in § 63.100(c) fected source subject to this section
of this subpart’’ is used in § 63.104(a), shall not send contact condenser efflu-
the term ‘‘a TPPU, except for TPPUs ent associated with a vacuum system
meeting the condition specified in to a process contact cooling tower.
§ 63.1310(b)’’ shall apply for purposes of (2) The owner or operator of a new af-
this subpart. fected source subject to this section
(e) When § 63.104 refers to Table 4 of shall indicate in the Notification of
subpart F of this part or Table 9 of sub- Compliance Status, as required in
part G of this part, the owner or oper- § 63.1335(e)(5), that contact condenser
ator is only required to consider or- effluent associated with vacuum sys-
ganic HAP listed on Table 6 of this sub- tems is not sent to process contact
part, except for ethylene glycol which cooling towers.
need not be considered under this sec- (c) Existing affected source require-
tion, for purposes of this subpart. ments. The owner or operator of an ex-
(f) When § 63.104(c)(3) specifies the isting affected source subject to this
monitoring plan retention require- section who manufactures PET using a
ments, and when § 63.104(f)(1) refers to continuous terephthalic acid high vis-
the record retention requirements in cosity multiple end finisher process
§ 63.103(c)(1), the requirements in and who is subject or becomes subject
343
§ 63.1329 40 CFR Ch. I (7–1–16 Edition)
to 40 CFR part 60, subpart DDD, shall ethylene glycol concentration so cal-
maintain an ethylene glycol concentra- culated constitutes a performance test.
tion in the process contact cooling (ii) The owner or operator may elect
tower at or below 6.0 percent by weight to reduce the sampling program to any
averaged on a daily basis over a rolling 14 consecutive operating day period
14-day period of operating days. Com- once every two calendar months, if at
pliance with this paragraph (c) shall be least seventeen consecutive 14-day roll-
determined as specified in paragraphs ing average concentrations imme-
(c)(1) through (c)(4) of this section. It diately preceding the reduced sampling
should be noted that compliance with program are each less than 1.2 weight
this paragraph (c) does not exempt percent ethylene glycol. If the average
owners or operators from complying concentration obtained over the 14 op-
with the provisions of § 63.1330 for those erating day sampling during the re-
process wastewater streams that are duced test period exceeds the upper 95
percent confidence interval calculated
sent to the process contact cooling
from the most recent test results in
tower.
which no one 14-day average exceeded
(1) To determine the ethylene glycol 1.2 weight percent ethylene glycol,
concentration, owners or operators then the owner or operator shall re-
shall follow the procedures specified in institute a daily sampling program.
40 CFR 60.564(j)(1), except as provided The 95 percent confidence interval
in paragraph (c)(2) of this section. shall be calculated as specified in para-
(i) At least one sample per operating graph (c)(1)(iii) of this section. A re-
day shall be collected using the proce- duced program may be reinstituted if
dures specified in 40 CFR 60.564(j)(1)(i). the requirements specified in this para-
An average ethylene glycol concentra- graph (c)(1)(ii) are met.
tion by weight shall be calculated on a (iii) The upper 95 percent confidence
daily basis over a rolling 14-day period interval shall be calculated using the
of operating days. Each daily average Equation 27 of this subpart:
2
n ⎛ n ⎞
( )
n
∑ Xi n∑ X i 2 − ⎜ ∑ X i ⎟
i =1 i =1 ⎝ i =1 ⎠
CI 95 = + 2 [ Eq. 27]
n n (n − 1)
Where: tion is determined using the procedures

CI95 = 95 percent confidence interval described in paragraph (c)(1) of this
Xi = daily ethylene glycol concentration for section. The alternative parameter
each operating day used to calculate shall be measured on a daily basis and
each 14-day rolling average used in test
the average value of the alternative pa-
results to justify implementing the re-
duced testing program. rameter shall be calculated on a daily
n = number of ethylene glycol concentra- basis over a rolling 14-day period of op-
tions. erating days. Each daily average value
(2) Measuring an alternative param- of the alternative parameter con-
eter, such as carbon oxygen demand or stitutes a performance test.
biological oxygen demand, that is dem- (i) Where 40 CFR 60.564(j)(1) requires
onstrated to be directly proportional to the use of ASTM D2908–74 or 91,
the ethylene glycol concentration shall ‘‘Standard Practice for Measuring
be allowed. Such parameter shall be Volatile Organic Matter in Water by
measured during the initial 14-day per- Aqueous-Injection Gas Chroma-
formance test during which the facility tography,’’ ASTM D2908–91 (2011),
is shown to be in compliance with the D2908–91 (2005), D2908–91 (2001), D2908–91,

ethylene glycol concentration standard or D2908–74 (all standards incorporated
whereby the ethylene glycol concentra- by reference, see § 63.14) may be used.
344
ER19JN00.040</MATH>
(ii) Where 40 CFR 60.564(j)(1)(i) re- ating day as specified in § 63.152(f), own-
quires the use of ASTM D3370–76 or 95a, ers and operators shall instead keep
‘‘Standard Practices for Sampling records of the daily average value of
Water from Closed Conduits,’’ ASTM each continuously monitored param-
D3370–10, D3370–08, D3370–07, D3370–95a, eter as specified in § 63.1335(d) for the
or D3370–76 (all standards incorporated purposes of this subpart.
by reference, see § 63.14) may be used. (5) When §§ 63.132 through 63.149 refer
(3) During each performance test, to an ‘‘existing source,’’ the term ‘‘ex-
daily measurement and daily average isting affected source,’’ as defined in
14-day rolling averages of the ethylene § 63.1310(a), shall apply for the purposes
glycol concentration in the cooling of this subpart.
tower water shall be recorded. For the (6) When §§ 63.132 through 63.149 refer
initial performance test, these records to a ‘‘new source,’’ the term ‘‘new af-
shall be submitted in the Notification fected source,’’ as defined in § 63.1310(a),
of Compliance Status report. shall apply for the purposes of this sub-
(4) All periods when the 14-day roll- part.
ing average exceeds the standard shall (7) When § 63.132(a) and (b) refer to
be reported in the Periodic Report. the ‘‘applicable dates specified in
[61 FR 48229, Sept. 12, 1996, as amended at 65 § 63.100 of subpart F of this part,’’ the
FR 38124, June 19, 2000; 79 FR 17366, Mar. 27, compliance dates specified in § 63.1311
2014] shall apply for the purposes of this sub-
part.
§ 63.1330 Wastewater provisions. (8) The provisions of paragraphs
(a) Except as specified in paragraphs (b)(8)(i), (b)(8)(ii), and (b)(8)(iii) of this
(d) and (e) of this section, the owner or section clarify the organic HAP that
operator of each affected source shall an owner or operator shall consider
comply with paragraphs (b) and (c) of when complying with the requirements
this section. in §§ 63.132 through 63.149.
(b) The owner or operator of each af- (i) When §§ 63.132 through 63.149 refer
fected source shall comply with the re- to table 8 compounds, the owner or op-
quirements of §§ 63.132 through 63.149, erator is only required to consider 1,3-
with the differences noted in para- butadiene for purposes of this subpart.
graphs (b)(1) through (b)(22) of this sec- (ii) When §§ 63.132 through 63.149 refer
tion for the purposes of this subpart. to table 9 compounds, the owner or op-
(1) When the determination of erator is only required to consider
equivalence criteria in § 63.102(b) is re- compounds that meet the definition of
ferred to in §§ 63.132, 63.133, and 63.137, organic HAP in § 63.1312 and that are
the provisions in § 63.6(g) shall apply listed on table 9 of 40 CFR part 63, sub-
for the purposes of this subpart. part G, for the purposes of this subpart,
(2) When the storage vessel require- except for ethylene glycol which need
ments contained in §§ 63.119 through not be considered.
63.123 are referred to in §§ 63.132 through (iii) When §§ 63.132 through 63.149
63.149, §§ 63.119 through 63.123 are appli- refer to compounds in table 36 of 40
cable, with the exception of the dif- CFR part 63, subpart G, or compounds
ferences referred to in § 63.1314, for the on List 1 and/or List 2, as listed on
purposes of this subpart. table 36 of 40 CFR part 63, subpart G,
(3) When § 63.146(a) requires the sub- the owner or operator is only required
mission of a request for approval to to consider compounds that meet the
monitor alternative parameters ac- definition of organic HAP in § 63.1312
cording to the procedures specified in and that are listed in table 36 of 40 CFR
§ 63.151(f) or (g), owners or operators re- part 63, subpart G, for the purposes of
questing to monitor alternative param- this subpart.
eters shall follow the procedures speci- (9) Whenever §§ 63.132 through 63.149
fied in § 63.1335(f) for the purposes of refer to a ‘‘chemical manufacturing
this subpart. process unit,’’ the term ‘‘thermoplastic
(4) When § 63.147(d) requires owners or product process unit,’’ (or TPPU) as de-
operators to keep records of the daily fined in § 63.1312, shall apply for the
average value of each continuously purposes of this subpart. In addition,
monitored parameter for each oper- when § 63.149 refers to ‘‘a chemical
345
§ 63.1330 40 CFR Ch. I (7–1–16 Edition)
manufacturing process unit that meets in the Periodic Reports required in

the criteria of § 63.100(b) of subpart F of § 63.1335(e)(6) for the purposes of this
this part,’’ the term ‘‘a TPPU as de- subpart.
fined in § 63.1312(b)’’ shall apply for the (15) When § 63.143(f) specifies that
purposes of this subpart. owners or operators shall establish the
(10) Whenever §§ 63.132 through 63.149 range that indicates proper operation
refer to a Group 1 wastewater stream of the treatment process or control de-
or a Group 2 wastewater stream, the vice, the owner or operator shall in-
definitions of these terms contained in stead comply with the requirements of
§ 63.1312 shall apply for the purposes of § 63.1334(c) or (d) for establishing pa-
this subpart. rameter level maximums/minimums
(11) When § 63.149(d) refers to for the purposes of this subpart.
‘‘§ 63.100(f) of subpart F’’, the phrase (16) When § 63.146(b)(7) and
‘‘§ 63.1310(c)’’ shall apply for the pur- § 63.146(b)(8) require that ‘‘the informa-
poses of this subpart. In addition, tion on parameter ranges specified in
where § 63.149(d) states ‘‘and the item of § 63.152(b)(2)’’ be reported in the Notifi-
equipment is not otherwise exempt cation of Compliance Status, owners
from controls by the provisions of sub- and operators of affected sources are
part A, F, G, or H of this part’’, the instead required to report the informa-
phrase ‘‘and the item of equipment is tion on parameter levels as specified in
not otherwise exempt from controls by § 63.1335(e)(5)(ii) for the purposes of this
the provisions of subparts A, F, G, H, subpart.
or JJJ of this part’’ shall apply for the (17) When the term ‘‘range’’ is used in
purposes of this subpart. §§ 63.132 through 63.149, the term
(12) When § 63.149(e)(1) and (e)(2) refer ‘‘level’’ apply instead for the purposes
to ‘‘a chemical manufacturing process of this subpart. This level shall be de-
unit subject to the new source require- termined using the procedures speci-
ments of 40 CFR § 63.100(l)(1) or 40 CFR fied in § 63.1334.
§ 63.100(l)(2),’’ the phrase ‘‘a TPPU that (18) For the purposes of this subpart,
is part of a new affected source or that the owner or operator of an affected
is a new affected source,’’ shall apply source is not required to include proc-
for the purposes of this subpart. ess wastewater streams that contain
(13) When the Notification of Compli- styrene when conducting performance
ance Status requirements contained in tests for the purposes of calculating
§ 63.152(b) are referred to in §§ 63.138 and the required mass removal (RMR) or
63.146, the Notification of Compliance the actual mass removal (AMR) under
Status requirements contained in the provisions described in § 63.145(f) or
§ 63.1335(e)(5) shall apply for the pur- § 63.145(g). For purposes of this para-
poses of this subpart. In addition, when graph, a process wastewater stream is
§§ 63.132 through 63.149 require that in- considered to contain styrene if the
formation be reported according to wastewater stream meets the require-
§ 63.152(b) in the Notification of Compli- ments in paragraph (b)(18)(i), (ii), (iii),
ance Status, the owner or operator of (iv), or (v) of this section.
an affected source shall report the (i) The wastewater stream originates
specified information in the Notifica- at equipment that produces ABS or
tion of Compliance Status required by ABS latex;
§ 63.1335(e)(5) for the purposes of this (ii) The wastewater stream originates
subpart. at equipment that produces EPS;
(14) When the Periodic Report re- (iii) The wastewater stream origi-
quirements contained in § 63.152(c) are nates at equipment that produces
referred to in § 63.146, the Periodic Re- MABS;
port requirements contained in (iv) The wastewater stream origi-
§ 63.1335(e)(6) shall apply for the pur- nates at equipment that produces MBS;
poses of this subpart. In addition, when or
§§ 63.132 through 63.149 require that in- (v) The wastewater stream originates
formation be reported in the Periodic at equipment that produces SAN.
Reports required in § 63.152(c), the (19) When the provisions of

owner or operator of an affected source § 63.139(c)(1)(ii), § 63.145(d)(4), or
shall report the specified information § 63.145(i)(2) specify that Method 18, 40
346
CFR part 60, appendix A, shall be used, styrene using either a continuous or
Method 18 or Method 25A, 40 CFR part batch process.
60, appendix A, may be used for the [65 FR 38125, June 19, 2000, as amended at 66
purposes of this subpart. The use of FR 36938, July 16, 2001]
Method 25A, 40 CFR part 60, appendix
A, shall conform with the requirements § 63.1331 Equipment leak provisions.
in paragraphs (b)(19)(i) and (b)(19)(ii) of (a) Except § 63.165 and as provided for
this section. in paragraphs (b) and (c) of this sec-
(i) The organic HAP used as the cali- tion, the owner or operator of each af-
bration gas for Method 25A, 40 CFR fected source shall comply with the re-
part 60, appendix A, shall be the single quirements of subpart H of this part,
organic HAP representing the largest with the differences noted in para-
percent by volume of the emissions. graphs (a)(1) through (13) of this sec-
(ii) The use of Method 25A, 40 CFR tion.
part 60, appendix A, is acceptable if the (1) For an affected source producing
response from the high-level calibra- polystyrene resin, the indications of
tion gas is at least 20 times the stand- liquids dripping, as defined in subpart
ard deviation of the response from the H of this part, from bleed ports in
zero calibration gas when the instru- pumps and agitator seals in light liquid
ment is zeroed on the most sensitive service shall not be considered to be a
scale. leak. For purposes of this subpart, a
(20) In § 63.145(j), instead of the ref- ‘‘bleed port’’ is a technologically-re-
erence to § 63.11(b), and instead of quired feature of the pump or seal
§ 63.145(j)(1) and § 63.145(j)(2), the re- whereby polymer fluid used to provide
quirements in § 63.1333(e) shall apply. lubrication and/or cooling of the pump
(21) The owner or operator of a facil- or agitator shaft exits the pump, there-
ity which receives a Group 1 waste- by resulting in a visible dripping of
water stream, or a residual removed fluid.
from a Group 1 wastewater stream, for (2) The compliance date for the
treatment pursuant to § 63.132(g) is sub- equipment leak provisions contained in
ject to the requirements of § 63.132(g) this section is provided in § 63.1311.
with the differences identified in this Whenever subpart H of this part refers
section, and is not subject to subpart to the compliance dates specified in
DD of this part with respect to that any paragraph contained in § 63.100, the
material. compliance dates listed in § 63.1311(d)
(22) When § 63.132(g) refers to ‘‘§§ 63.133 shall instead apply, for the purposes of
through 63.137’’ or ‘‘§§ 63.133 through this subpart. When § 63.182(c)(4) refers
63.147’’, the provisions in this section to ‘‘sources subject to subpart F,’’ the
63.1330 shall apply, for the purposes of phrase ‘‘sources subject to this sub-
this subpart. part’’ shall apply, for the purposes of
(c) For each affected source, the this subpart. In addition, extensions of
owner or operator shall comply with compliance dates are addressed by
the requirements for maintenance § 63.1311(e) instead of § 63.182(a)(6), for
wastewater in § 63.105, except that when the purposes of this subpart.
§ 63.105(a) refers to ‘‘organic HAPs list- (3) Owners and operators of an af-
ed in table 9 of subpart G of this part,’’ fected source subject to this subpart
the owner or operator is only required are not required to submit the Initial
to consider compounds that meet the Notification required by § 63.182(a)(1)
definition of organic HAP in § 63.1312 and § 63.182(b).
and that are listed in table 9 of 40 CFR (4) As specified in § 63.1335(e)(5), the
part 63, subpart G, except for ethylene Notification of Compliance Status re-
glycol which need not be considered, quired by paragraphs § 63.182(a)(2) and
for the purposes of this subpart. § 63.182(c) shall be submitted within 150
(d) The provisions of paragraph (b) of days (rather than 90 days) of the appli-
this section do not apply to each af- cable compliance date specified in
fected source producing ASA/AMSAN. § 63.1311 for the equipment leak provi-
(e) The provisions of paragraphs (b) sions.

and (c) of this section do not apply to (5) The information specified by
each affected source producing poly- § 63.182(a)(3) and § 63.182(d) (i.e., Periodic
347
§ 63.1331 40 CFR Ch. I (7–1–16 Edition)
Reports) shall be submitted as part of instrument (i.e., Method 21 instrument)

the Periodic Reports required by because the use of Method 21 is not an
§ 63.1335(e)(6). acceptable method for determining a
(6) For pumps, valves, connectors, leak under this paragraph (a)(6).
and agitators in heavy liquid service; (B) An owner or operator is not re-
pressure relief devices in light liquid or quired to comply with § 63.181(d)(4)
heavy liquid service; and instrumenta- which requires a record of the max-
tion systems; owners or operators of af- imum instrument reading measured by
fected sources producing PET shall Method 21 of 40 CFR part 60, appendix
comply with the requirements of para- A.
graphs (a)(6)(i) and (ii) of this section (v) Indications of liquids dripping, as
instead of with the requirements of defined in subpart H of this part, from
§ 63.139. Owners or operators of PET af- packing glands for pumps in ethylene
fected sources shall comply with all glycol service where the pump seal is
other provisions of subpart H of this designed to weep fluid shall not be con-
part for pumps, valves, connectors, and sidered to be a leak. Ethylene glycol
agitators in heavy liquid service; pres- dripping from pump seals must be cap-
sure relief devices in light liquid or tured in a catchpan and returned to the
heavy liquid service; and instrumenta- process.
tion systems, except as specified in (7) When § 63.166(b)(4)(i) refers to
paragraphs (a)(6)(iii) through (v) of this Table 9 of subpart G of this part, the
section. owner or operator is only required to
(i) A leak is determined to be de- consider organic HAP listed on Table 6
tected if there is evidence of a poten- of this subpart for purposes of this sub-
tial leak found by visual, audible, or ol- part, except for ethylene glycol which
factory means. Method 21, 40 CFR part need not be considered.
60, appendix A may not be used to de- (8) When the provisions of subpart H
termine the presence or absence of a of this part specify that Method 18, 40
leak. CFR part 60, appendix A, shall be used,
(ii)(A) When a leak is detected, it Method 18 or Method 25A, 40 CFR part
shall be repaired as soon as practical, 60, appendix A, may be used for the
but not later than 15 days after it is de- purposes of this subpart. The use of
tected, except as provided in § 63.171. Method 25A, 40 CFR part 60, appendix
(B) The first attempt at repair shall A, shall conform with the requirements
be made no later than 5 days after each in paragraphs (a)(8)(i) and (a)(8)(ii) of
leak is detected. this section.
(C) Repaired shall mean that the vis- (i) The organic HAP used as the cali-
ual, audible, olfactory, or other indica- bration gas for Method 25A, 40 CFR
tions of a leak have been eliminated; part 60, appendix A, shall be the single
that no bubbles are observed at poten- organic HAP representing the largest
tial leak sites during a leak check percent by volume of the emissions.
using soap solution; or that the system (ii) The use of Method 25A, 40 CFR
will hold a test pressure. part 60, appendix A, is acceptable if the
(iii) An owner or operator is not re- response from the high-level calibra-
quired to develop an initial list of iden- tion gas is at least 20 times the stand-
tification numbers as would otherwise ard deviation of the response from the
be required under § 63.181(b)(1)(i) or zero calibration gas when the instru-
§ 63.181(b)(4). ment is zeroed on the most sensitive
(iv) When recording the detection of scale.
a leak under § 63.182(d)(1), the owner or (9) Requirements for pressure relief de-
operator of an affected source shall vices. Except as specified in paragraph
comply with paragraphs (a)(6)(iv)(A) (a)(9)(iv) of this section, the owner or
through (a)(6)(iv)(B) of this section. operator must comply with the oper-
(A) When complying with ating and pressure release require-
§ 63.181(d)(1), provide an identification ments specified in paragraphs (a)(9)(i)
number for the leaking equipment at and (ii) of this section for pressure re-
the time of recordkeeping. Further, the lief devices in organic HAP gas or
owner or operator is not required to vapor service. Except as specified in
record the identification number of the paragraph (a)(9)(iv) of this section, the
348
owner or operator must also comply mosphere. Examples of these types of

with the pressure release management devices and systems include, but are
requirements specified in paragraph not limited to, a rupture disk indi-
(a)(9)(iii) of this section for all pressure cator, magnetic sensor, motion detec-
relief devices in organic HAP service. tor on the pressure relief valve stem,
(i) Operating requirements. Except dur- flow monitor, or pressure monitor.
ing a pressure release event, operate (B) If any pressure relief device in or-
each pressure relief device in organic ganic HAP service releases to atmos-
HAP gas or vapor service with an in- phere as a result of a pressure release
strument reading of less than 500 ppm event, the owner or operator must cal-
above background as detected by Meth- culate the quantity of organic HAP re-
od 21 of 40 CFR part 60, appendix A. leased during each pressure release
(ii) Pressure release requirements. For event and report this quantity as re-
pressure relief devices in organic HAP quired in § 63.1335(e)(6)(xiii). Calcula-
gas or vapor service, comply with para- tions may be based on data from the
graph (a)(9)(ii)(A) or (B) of this section, pressure relief device monitoring alone
as applicable. or in combination with process param-
(A) If the pressure relief device does eter monitoring data and process
not consist of or include a rupture knowledge.
disk, conduct instrument monitoring, (iv) Pressure relief devices routed to a
as detected by Method 21 of 40 CFR control device, process, or drain system. If
part 60, appendix A, no later than 5 cal- a pressure relief device in organic HAP
endar days after the pressure release to service is designed and operated to
verify that the pressure relief device is route all pressure releases through a
operating with an instrument reading closed vent system to a control device,
of less than 500 ppm above background, process, or drain system, the owner or
except as provided in § 63.171. operator is not required to comply with
(B) If the pressure relief device con-
paragraphs (a)(9)(i), (ii), or (iii) (if ap-
sists of or includes a rupture disk, in-
plicable) of this section. Both the
stall a replacement disk as soon as
closed vent system and control device
practicable after a pressure release, but
(if applicable) must meet the require-
no later than 5 calendar days after the
ments of § 63.172. The drain system (if
pressure release, except as provided in
applicable) must meet the require-
§ 63.171.
ments of § 63.136.
(iii) Pressure release management. Ex-
cept as specified in paragraph (a)(9)(iv) (10) If specific items of equipment,
of this section, pressure releases to the comprising part of a process unit sub-
atmosphere from pressure relief de- ject to this subpart, are managed by
vices in organic HAP service are pro- different administrative organizations
hibited, and the owner or operator (e.g., different companies, affiliates,
must comply with the requirements departments, divisions, etc.), those
specified in paragraphs (a)(9)(iii)(A) items of equipment may be aggregated
and (B) of this section for all pressure with any TPPU within the affected
relief devices in organic HAP service. source for all purposes under subpart H
(A) For each pressure relief device in of this part, providing there is no delay
organic HAP service, the owner or op- in achieving the applicable compliance
erator must equip each pressure relief date.
device with a device(s) or use a moni- (11) When the terms ‘‘equipment’’ and
toring system that is capable of: ‘‘equipment leak’’ are used in subpart
(1) Identifying the pressure release; H of this part, the definitions of these
(2) Recording the time and duration terms in § 63.1312 shall apply for the
of each pressure release; and purposes of this subpart.
(3) Notifying operators immediately (12) The phrase ‘‘the provisions of
that a pressure release is occurring. subparts F, I, or JJJ of this part’’ shall
The device or monitoring system may apply instead of the phrase ‘‘the provi-
be either specific to the pressure relief sions of subpart F or I of this part’’
device itself or may be associated with throughout §§ 63.163 and 63.168, for the
the process system or piping, sufficient purposes of this subpart. In addition,
to indicate a pressure release to the at- the phrase ‘‘subparts F, I, and JJJ’’
349
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
shall apply instead of the phrase ‘‘sub- operator. This report may be included
parts F and I’’ in § 63.174(c)(2)(iii), for in the next Periodic Report, as speci-
the purposes of this subpart. fied in paragraph (a)(5) of this section.
(13) An owner or operator using a A description of the process change
flare to comply with the requirements shall be submitted with this report.
of this section shall conduct a compli- (c)(1) Each affected source producing
ance demonstration as specified in PET using a continuous TPA high vis-
§ 63.1333(e). cosity multiple end finisher process
(b) The provisions of this section do shall monitor for leaks upon startup
not apply to each TPPU producing PET following an outage where changes
using a process other than a contin- have been made to equipment in gas/
uous terephthalic acid (TPA) high vis- vapor or light liquid service. This leak
cosity multiple end finisher process check shall consist of the introduction
that is part of an affected source if all of hot ethylene glycol vapors into the
of the equipment leak components sub- system for a period of no less than 2
ject to this section § 63.1331 in the hours during which time sensory moni-
TPPU are either in vacuum service or toring of the equipment shall be con-
in heavy liquid service. ducted.
(1) Owners and operators of a TPPU (2) A leak is determined to be de-
exempted under paragraph (b) of this tected if there is evidence of a poten-
section shall comply with paragraph tial leak found by visual, audible, or ol-
(b)(1)(i) or (b)(1)(ii) of this section. factory means.
(i) Retain information, data, and (3) When a leak is detected, it shall
analyses used to demonstrate that all be repaired as soon as practical, but
of the components in the exempted not later than 15 days after it is de-
TPPU are either in vacuum service or tected, except as provided in § 63.171.
in heavy liquid service. For compo- (i) The first attempt at repair shall
nents in vacuum service, examples of be made no later than 5 days after each
information that could document this leak is detected.
include, but are not limited to, anal- (ii) Repaired shall mean that the vis-
yses of process stream composition and ual, audible, olfactory or other indica-
process conditions, engineering cal- tions of a leak have been eliminated;
culations, or process knowledge. For that no bubbles are observed at poten-
components in heavy liquid service, tial leak sites during a leak check
such documentation shall include an using soap solution; or that the system
analysis or demonstration that the will hold a test pressure.
process fluids do not meet the criteria (4) When a leak is detected, the fol-
of ‘‘in light liquid service’’ or ‘‘in gas lowing information shall be recorded
or vapor service.’’ and kept for 2 years and reported in the
(ii) When requested by the Adminis- next periodic report:
trator, demonstrate that all of the (i) The instrument and the equip-
components in the TPPU are either in ment identification number and the op-
vacuum service or in heavy liquid serv- erator name, initials or identification
ice. number.
(2) If changes occur at a TPPU ex- (ii) The date the leak was detected
empted under paragraph (b) of this sec- and the date of first attempt to repair
tion such that all of the components in the leak.
the TPPU are no longer either in vacu- (iii) The date of successful repair of
um service or in heavy liquid service the leak.
(e.g., by either process changes or the [61 FR 48229, Sept. 12, 1996, as amended at 62
addition of new components), the FR 37722, July 15, 1997; 65 FR 38127, June 19,
owner or operator of the affected 2000; 66 FR 40907, Aug. 6, 2001; 79 FR 17367,
source shall comply with the provi- Mar. 27, 2014]
sions of this section for all of the com-
ponents at the TPPU. The owner or op- § 63.1332 Emissions averaging provi-
erator shall submit a report within 180 sions.
days after the process change is made (a) This section applies to owners or
or the information regarding the proc- operators of existing affected sources
ess change is known to the owner or who seek to comply with § 63.1313(b) by
350
using emissions averaging rather than tion gas is at least 20 times the stand-
following the provisions of §§ 63.1314, ard deviation of the response from the
63.1315, 63.1316 through 63.1320, 63.1321, zero calibration gas when the instru-
and 63.1330. ment is zeroed on the most sensitive
(1) The following emission point limi- scale.
tations apply to the use of these provi- (b) Unless an operating permit appli-
sions: cation has been submitted, the owner
(i) All emission points included in an or operator shall develop and submit
emissions average shall be from the for approval an Emissions Averaging
same affected source. There may be an Plan containing all of the information
emissions average for each affected required in § 63.1335(e)(4) for all emis-
source located at a plant site. sion points to be included in an emis-
(ii)(A) If a plant site has only one af- sions average.
fected source for which emissions aver- (c) Paragraphs (c)(1) through (c)(5) of
aging is being used to demonstrate this section describe the emission
compliance, the number of emission points that may be used to generate
points allowed in the emissions average emissions averaging credits if control
for said affected source is limited to was applied after November 15, 1990,
twenty. This number may be increased and if sufficient information is avail-
by up to five additional emission points able to determine the appropriate
if pollution prevention measures are value of credits for the emission point.
used to control five or more of the Paragraph (c)(6) of this section dis-
emission points included in the emis- cusses the use of pollution prevention
sions average. in generating emissions averaging
(B) If a plant site has two or more af- credits.
fected sources for which emissions (1) Storage vessels, batch process
averaging is being used to demonstrate vents, aggregate batch vent streams,
compliance, the number of emission continuous process vents subject to
points allowed in the emissions aver- § 63.1315, and process wastewater
ages for said affected sources is limited streams that are determined to be
to twenty. This number may be in- Group 2 emission points. The term
creased by up to five additional emis- ‘‘continuous process vents subject to
sion points if pollution prevention § 63.1315’’ includes continuous process
measures are used to control five or vents subject to § 63.1316 (b)(1)(iii),
more of the emission points included in (b)(2)(iii), and (c)(2), which reference
the emissions averages. § 63.1315.
(2) Compliance with the provisions of (2) Continuous process vents located
this section may be based on either or- in the collection of material recovery
ganic HAP or TOC. sections within the affected source at
(3) For the purposes of these provi- an existing affected source producing
sions, whenever Method 18, 40 CFR part PET using a continuous dimethyl
60, appendix A, is specified within the terephthalate process subject to
paragraphs of this section or is speci- § 63.1316(b)(1)(i) where the uncontrolled
fied by reference through provisions organic HAP emissions from said con-
outside this section, Method 18 or tinuous process vents are equal to or
Method 25A, 40 CFR part 60, appendix less than 0.12 kg organic HAP per Mg of
A, may be used. The use of Method 25A, product. These continuous process
40 CFR part 60, appendix A, shall con- vents shall be considered Group 2 emis-
form with the requirements in para- sion points for the purposes of this sec-
graphs (a)(3)(i) and (a)(3)(ii) of this section.
tion. (3) Storage vessels, continuous proc-
(i) The organic HAP used as the cali- ess vents subject to § 63.1315, and proc-
bration gas for Method 25A, 40 CFR ess wastewater streams that are deter-
part 60, appendix A shall be the single mined to be Group 1 emission points
organic HAP representing the largest and that are controlled by a tech-
percent by volume of the emissions. nology that the Administrator or per-
(ii) The use of Method 25A, 40 CFR mitting authority agrees has a higher
part 60, appendix A is acceptable if the nominal efficiency than the reference
response from the high-level calibra- control technology. Information on the
351
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
nominal efficiencies for such tech- (ii) If a pollution prevention measure

nologies shall be submitted and ap- is used in conjunction with other con-
proved as provided in paragraph (i) of trols for a Group 1 storage vessel,
this section. batch process vent, aggregate batch
(4) Batch process vents and aggregate vent stream, continuous process vent,
batch vent streams that are deter- or process wastewater stream, the pol-
mined to be Group 1 emission points lution prevention measure alone does
and that are controlled to a level more not have to reduce emissions more
stringent than the applicable standard. than the applicable reference control
(5) Continuous process vents subject technology or standard, but the com-
to § 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), bination of the pollution prevention
(b)(2)(ii), or (c)(1) located in the collec- measure and other controls must re-
tion of process sections within the af- duce emissions more than if the appli-
fected source, as specified in para- cable reference control technology or
graphs (c)(5)(i) through (c)(5)(ii) of this standard had been applied instead of
section. The continuous process vents the pollution prevention measure.
identified in paragraphs (c)(5)(i) (d) The following emission points
through (c)(5)(ii) of this section shall cannot be used to generate emissions
be considered to be Group 1 emission averaging credits:
points for the purposes of this section. (1) Emission points already con-
(i) Continuous process vents subject trolled on or before November 15, 1990,
to § 63.1316(b)(1)(i) located in the collec- cannot be used to generate credits un-
tion of material recovery sections less the level of control is increased
within the affected source where the after November 15, 1990. In this case,
uncontrolled organic HAP emissions credit will be allowed only for the in-
for said continuous process vents are crease in control after November 15,
greater than 0.12 kg organic HAP per 1990.
Mg of product and said continuous
(2) Group 1 emission points, identi-
process vents are controlled to a level
fied in paragraph (c)(3) of this section,
more stringent than the applicable
that are controlled by a reference con-
standard.
(ii) Continuous process vents subject trol technology cannot be used to gen-
to § 63.1316(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or erate credits unless the reference con-
(c)(1) located in the collection of proc- trol technology has been approved for
ess sections within the affected source use in a different manner and a higher
where the uncontrolled organic HAP nominal efficiency has been assigned
emissions from said continuous process according to the procedures in para-
vents are controlled to a level more graph (i) of this section.
stringent than the applicable standard. (3) Emission points for nonoperating
(6) The percent reduction for any TPPU cannot be used to generate cred-
storage vessel, batch process vent, ag- its. TPPU that are shutdown cannot be
gregate batch vent stream, continuous used to generate credits or debits.
process vent, and process wastewater (4) Maintenance wastewater cannot
stream from which emissions are re- be used to generate credits. Waste-
duced by pollution prevention meas- water streams treated in biological
ures shall be determined using the pro- treatment units cannot be used to gen-
cedures specified in paragraph (j) of erate credits. These two types of waste-
this section. water cannot be used to generate cred-
(i) For a Group 1 storage vessel, its or debits. For the purposes of this
batch process vent, aggregate batch section, the terms wastewater and
vent stream, continuous process vent, wastewater stream are used to mean
or process wastewater stream, the pol- process wastewater.
lution prevention measure must reduce (5) Emission points controlled to
emissions more than if the applicable comply with a State or Federal rule
reference control technology or stand- other than this subpart cannot be used
ard had been applied to the emission to generate credits, unless the level of
point instead of the pollution preven- control has been increased after No-
tion measure, except as provided in vember 15, 1990, to a level above what is
paragraph (c)(6)(ii) of this section. required by the other State or Federal
352
rule. Only the control above what is re- After the compliance date, actual oper-
quired by the other State or Federal ating data will be used for all debit and
rule will be credited. However, if an credit calculations.
emission point has been used to gen- (4) Demonstrate that debits cal-
erate emissions averaging credit in an culated for a quarterly (3-month) pe-
approved emissions average, and the riod according to paragraph (g) of this
emission point is subsequently made section are not more than 1.30 times
subject to a State or Federal rule other the credits for the same period cal-
than this subpart, the emission point culated according to paragraph (h) of
may continue to generate emissions this section. Compliance for the quar-
averaging credit for the purpose of ter shall be determined based on the
complying with the previously ap- ratio of credits and debits from that
proved emissions average. quarter, with 30 percent more debits
(e) For all emission points included than credits allowed on a quarterly
in an emissions average, the owner or basis.
operator shall perform the following (5) Record and report quarterly and
tasks: annual credits and debits in the Peri-
(1) Calculate and record monthly deb- odic Reports as specified in
its for all Group 1 emission points that § 63.1335(e)(6). Every fourth Periodic Re-
are controlled to a level less stringent port shall include a certification of
than the reference control technology compliance with the emissions aver-
or standard for those emission points. aging provisions as required by
Said Group 1 emission points are iden- § 63.1335(e)(6)(x)(C)(2).
tified in paragraphs (c)(3) through (c)(5) (f) Debits and credits shall be cal-
of this section. Equations in paragraph culated in accordance with the meth-
(g) of this section shall be used to cal- ods and procedures specified in para-
culate debits. graphs (g) and (h) of this section, re-
(2) Calculate and record monthly spectively, and shall not include emis-
credits for all Group 1 and Group 2 sions during periods of monitoring ex-
emission points that are over-con- cursions, as defined in § 63.1334(f). For
trolled to compensate for the debits. these periods, the calculation of
Equations in paragraph (h) of this sec- monthly credits and debits shall be ad-
tion shall be used to calculate credits. justed as specified in paragraphs (f)(1)
Emission points and controls that meet through (3) of this section.
the criteria of paragraph (c) of this sec- (1) No credits would be assigned to
tion may be included in the credit cal- the credit-generating emission point.
culation, whereas those described in (2) Maximum debits would be as-
paragraph (d) of this section shall not signed to the debit-generating emission
be included. point.
(3) Demonstrate that annual credits (3) The owner or operator may dem-
calculated according to paragraph (h) onstrate to the Administrator that full
of this section are greater than or or partial credits or debits should be
equal to debits calculated for the same assigned using the procedures in para-
annual compliance period according to graph (l) of this section.
paragraph (g) of this section. (g) Debits are generated by the dif-
(i) The owner or operator may choose ference between the actual emissions
to include more than the required num- from a Group 1 emission point that is
ber of credit-generating emission uncontrolled or is controlled to a level
points in an emissions average in order less stringent than the applicable ref-
to increase the likelihood of being in erence control technology or standard
compliance. and the emissions allowed for the
(ii) The initial demonstration in the Group 1 emission point. Said Group 1
Emissions Averaging Plan or operating emission points are identified in para-
permit application that credit-gener- graphs (c)(3) through (c)(5) of this sec-
ating emission points will be capable of tion. Debits shall be calculated as fol-
generating sufficient credits to offset lows:
the debits from the debit-generating (1) Source-wide debits shall be cal-
emission points shall be made under culated using Equation 28 of this sub-
representative operating conditions. part. Debits and all terms of Equation
353
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
28 of this subpart are in units of

megagrams per month:
( )
n n
Debits = ∑ ( ECPViACTUAL − ( 0.02 ) ECPViu ) + ∑ ECPVS jACTUAL − ECPVS jSTD
i =1 j=1
n n
+ ∑ ( ES iACTUAL − ( b ) ES iu ) + ∑ ( EWWiACTUAL − EWWic )
i =1 i =1
n n
+ ∑ ( EBPViACTUAL − ( 0.10 ) EBPViu ) + ∑ ( EABViACTUAL − ( 0.10 ) EABViu ) [ Eq. 28]
i =1 i =1
Where: emissions, BL = 0.05 for each Group 1

ECPViACTUAL = Emissions from each Group 1 storage vessel i subject to § 63.1314(a); and
continuous process vent i subject to BL = 0.02 for each storage vessel i subject
§ 63.1315 that is uncontrolled or is con- to § 63.1314(c).
trolled to a level less stringent than the EWWiACTUAL = Emissions from each Group 1
applicable reference control technology. wastewater stream i that is uncontrolled
ECPViACTUAL is calculated according to or is controlled to a level less stringent
paragraph (g)(2) of this section. than the applicable reference control
(0.02)ECPViu = Emissions from each Group 1 technology. EWWiACTUAL is calculated ac-
continuous process vent i subject to cording to paragraph (g)(5) of this sec-
§ 63.1315 if the applicable reference con- tion.
trol technology had been applied to the EWWic = Emissions from each Group 1 waste-
uncontrolled emissions. ECPViu is cal- water stream i if the reference control
culated according to paragraph (g)(2) of technology had been applied to the un-
this section. controlled emissions. EWWic is calculated
ECPVSjACTUAL = Emissions from Group 1 con- according to paragraph (g)(5) of this sec-
tinuous process vents subject to tion.
§ 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), EBPViACTUAL = Emissions from each Group 1
(b)(2)(ii), or (c)(1) located in the collec- batch process vent i that is uncontrolled
tion of process sections j within the af- or is controlled to a level less stringent
fected source that are uncontrolled or than the applicable standard.
controlled to a level less stringent than EBPVACTUAL is calculated according to
the applicable standard. ECPVSjACTUAL is paragraph (g)(6) of this section.
calculated according to paragraph (g)(3)
(0.10)EBPViu = Emissions from each Group 1
of this section.
batch process vent i if the applicable
ECPVSjSTD = Emissions from Group 1 contin-
standard had been applied to the uncon-
uous process vents subject to
trolled emissions. EBPViu is calculated
§ 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i),
according to paragraph (g)(6) of this sec-
(b)(2)(ii), or (c)(1) located in the collec-
tion.
tion of process sections j within the af-
fected source if the applicable standard EABViACTUAL = Emissions from each Group 1
had been applied to the uncontrolled aggregate batch vent stream i that is un-
emissions. ECPVSjSTD is calculated ac- controlled or is controlled to a level less
cording to paragraph (g)(3) of this sec- stringent than the applicable standard.
tion. EABPViACTUAL is calculated according to
ESiACTUAL = Emissions from each Group 1 paragraph (g)(7) of this section.
storage vessel i that is uncontrolled or is (0.10)EABViu = Emissions from each Group 1
controlled to a level less stringent than aggregate batch vent stream i if the ap-
the applicable reference control tech- plicable standard had been applied to the
nology or standard. ESiACTUAL is cal- uncontrolled emissions. EABViu is cal-
culated according to paragraph (g)(4) of culated according to paragraph (g)(7) of
this section. this section.
(BL)ESiu = Emissions from each Group 1 stor- n = The number of emission points being in-
age vessel i if the applicable reference cluded in the emissions average.
control technology or standard had been
applied to the uncontrolled emissions. (2) Emissions from continuous proc-

ESiu is calculated according to paragraph ess vents subject to § 63.1315 shall be
(g)(4) of this section. For calculating calculated as follows:
354
ER09MR99.008</GPH>
(i) For purposes of determining con- not be considered control devices); and
tinuous process vent stream flow rate, before discharge to the atmosphere.
organic HAP concentrations, and tem- Method 1 or 1A, 40 CFR part 60, appen-
perature, the sampling site shall be dix A, shall be used for selection of the
after the final product recovery device, sampling site.
if any recovery devices are present; be- (ii) ECPViu for each continuous proc-
fore any control device (for continuous ess vent i shall be calculated using
process vents, recovery devices shall Equation 29 of this subpart.
⎛ ⎞
( )Qh⎜⎜⎝ ∑ C M ⎟⎟⎠
n
ECPViu = 2.494 × 10
−9
j j [ Eq. 29]
j =1
Where: other change is made to the process or

ECPViu = Uncontrolled continuous process product recovery equipment or oper-
vent emission rate from continuous proc- ation such that the previously meas-
ess vent i, megagrams per month. ured values of Q and Cj are no longer
Q = Vent stream flow rate, dry standard representative, a new performance test
cubic meters per minute, measured using shall be conducted to determine new
Method 2, 2A, 2C, or 2D, 40 CFR part 60,
appendix A, as appropriate.
representative values of Q and Cj.
h = Monthly hours of operation during which These new values shall be used to cal-
positive flow is present in the continuous culate debits and credits from the time
process vent, hours per month. of the change forward, and the new val-
Cj = Concentration, parts per million by vol- ues shall be reported in the next Peri-
ume, dry basis, of organic HAP j as meas- odic Report.
ured by Method 18, 40 CFR part 60, appen- (iii) The following procedures and
dix A. equations shall be used to calculate
Mj = Molecular weight of organic HAP j, ECPViACTUAL:
gram per gram-mole.
(A) If the continuous process vent is
n = Number of organic HAP in stream.
not controlled by a control device or
(A) The values of Q and Cj shall be pollution prevention measure,
determined during a performance test ECPViACTUAL = ECPViu, where ECPViu is
conducted under representative oper- calculated according to the procedures
ating conditions. The values of Q and in paragraphs (g)(2)(i) and (g)(2)(ii) of
Cj shall be established in the Notifica- this section.
tion of Compliance Status and shall be (B) If the continuous process vent is
updated as provided in paragraph controlled using a control device or a
(g)(2)(ii)(B) of this section. pollution prevention measure achiev-
(B) If there is a change in capacity ing less than 98 percent reduction, cal-
utilization other than a change in culate ECPViACTUAL using Equation 30
monthly operating hours, or if any of this subpart.
⎛ Percent reduction ⎞
ECPViACTUAL = ECPViu ⎜ 1 − ⎟ [ Eq. 30]
⎝ 100% ⎠
(1) The percent reduction shall be § 63.116(b), the percent reduction shall
measured according to the procedures be 98 percent. If a noncombustion con-
in § 63.116 if a combustion control de- trol device is used, percent reduction
vice is used. For a flare meeting the shall be demonstrated by a perform-

ER12SE96.029</GPH>
criteria in § 63.116(a), or a boiler or ance test at the inlet and outlet of the
process heater meeting the criteria in device, or, if testing is not feasible, by
355
ER12SE96.028</GPH>
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
a control design evaluation and docu- Where:

mented engineering calculations. ECPVSjstd = Emissions if the applicable
(2) For determining debits from standard had been applied to the uncon-
Group 1 continuous process vents, trolled emissions, megagrams per month.
product recovery devices shall not be EFstd = 0.000018 Mg organic HAP/Mg of prod-
uct, if the collection of process sections
considered control devices and cannot
within the affected source is subject to
be assigned a percent reduction in cal- § 63.1316(b)(1)(i).
culating ECPViACTUAL. The sampling = 0.00002 Mg organic HAP/Mg of product, if
site for measurement of uncontrolled the collection of process sections within
emissions is after the final product re- the affected source is subject to § 63.1316
covery device. However, as provided in (b)(1)(ii) or (b)(2)(ii).
§ 63.113(a)(3), a Group 1 continuous = 0.00004 Mg organic HAP/Mg of product, if
process vent may add sufficient prod- the collection of process sections within
the affected source is subject to
uct recovery to raise the TRE index
§ 63.1316(b)(2)(i).
value above 1.0 or, for Group 1 contin- = 0.0000036 Mg organic HAP/Mg of product,
uous process vents at an existing af- if the collection of process sections with-
fected source producing MBS, above in the affected source is subject to
3.7, thereby becoming a Group 2 contin- § 63.1316(c)(1).
uous process vent. Such a continuous PPj = Polymer produced, Mg/month, for the
process vent would not be a Group 1 collection of process sections j within the
continuous process vent and would, affected source, as calculated according
to paragraph (g)(3)(ii)(B) of this section.
therefore, not be included in deter-
mining debits under this paragraph (B) The amount of polymer produced,
(g)(2)(iii)(B)(2). Mg per month, for the collection of
(3) Procedures for calculating the process sections j within the affected
percent reduction of pollution preven- source shall be determined by deter-
tion measures are specified in para- mining the weight of polymer pulled
graph (j) of this section. from the process line(s) during a 30-day
(3) Emissions from continuous proc- period. The polymer produced shall be
ess vents located in the collection of determined by direct measurement or
process sections within the affected by an alternate methodology, such as
source subject to § 63.1316 (b)(1)(i), materials balance. If an alternate
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) methodology is used, a description of
shall be calculated as follows: the methodology, including all proce-
(i) The total organic HAP emissions dures, data, and assumptions shall be
from continuous process vents located submitted as part of the Emissions
in the collection of process sections j Averaging Plan required by
within the affected source, § 63.1335(e)(4).
ECPVSjACTUAL, shall be calculated as (C) Alternatively, ECPVSjstd for con-
follows. The procedures in paragraph tinuous process vents located in the
(g)(2)(iii) of this section shall be used collection of process sections within
to determine the organic HAP emis- the affected source subject to
sions for each individual continuous § 63.1316(c)(1) may be calculated using
process vent, except that paragraph the procedures in paragraph (g)(2)(i)
(g)(2)(iii)(B)(2) of this section shall not and (g)(2)(ii) of this section to deter-
apply and the sampling site shall be mine the organic HAP emissions for
after those recovery devices installed each individual continuous process
as part of normal operation; before any vent, except that the sampling site
add-on control devices (i.e., those re- shall be after recovery devices in-
quired by regulation); and prior to dis- stalled as part of normal operation; be-
charge to the atmosphere. Then, indi- fore any add-on control devices (i.e.,
vidual continuous process vent emis- those required by regulation); and prior
sions shall be summed to determine to discharge to the atmosphere. Then,
ECPVSjACTUAL. individual continuous process vent
(ii)(A) ECPVSjstd shall be calculated emissions shall be summed and multi-
using Equation 31 of this subpart. plied by 0.02 to determine ECPVSjstd.
( )
(4) Emissions from storage vessels
ECPVS jstd = ( EFstd ) PPj [ Eq. 31] shall be calculated using the proce-
dures specified in § 63.150(g)(3).
356
ER12SE96.030</GPH>
(5) Emissions from wastewater tion prevention measure, EBPViACTUAL

streams shall be calculated using the = EBPViu, where EBPViu is calculated
procedures in § 63.150(g)(5). using the procedures in § 63.1323(b).
(6) Emissions from batch process (B) If the batch process vent is con-
vents shall be calculated as follows: trolled using a control device or a pol-
(i) EBPViu for each batch process lution prevention measure achieving
vent i shall be calculated using the pro- less than 90 percent reduction for the
cedures specified in § 63.1323(b).
batch cycle, calculate EBPViACTUAL
(ii) The following procedures and
using Equation 32 of this subpart,
equations shall be used to determine
EBPViACTUAL: where percent reduction is for the
(A) If the batch process vent is not batch cycle.
controlled by a control device or pollu-
EBPViACTUAL = EBPViu ⎜ 1 − ⎟ [ Eq. 32]
⎝ 100% ⎠
(1) The percent reduction for the (i) For purposes of determining ag-
batch cycle shall be calculated accord- gregate batch vent stream flow rate,
ing to the procedures in § 63.1325(c)(2). organic HAP concentrations, and tem-
(2) The percent reduction for control perature, the sampling site shall be be-
devices shall be calculated according to fore any control device and before dis-
the procedures in § 63.1325 (c)(2)(i) charge to the atmosphere. Method 1 or
through (c)(2)(iii). 1A, 40 CFR part 60, appendix A, shall be
(3) The percent reduction of pollution used for selection of the sampling site.
prevention measures shall be cal-
(ii) EABViu for each aggregate batch
culated using the procedures specified
vent stream i shall be calculated using
in paragraph (j) of this section.
(7) Emissions from aggregate batch Equation 33 of this subpart.
vent streams shall be calculated as fol-
lows:
⎛ ⎞
( )Qh⎜⎜⎝ ∑ C M ⎟⎟⎠
n
EABViu = 2.494 × 10
−9
j j [ Eq. 33]
j =1
Where: Mj = Molecular weight of organic HAP j,

EABViu = Uncontrolled aggregate batch vent gram per gram-mole.
stream emission rate from aggregate n = Number of organic HAP in the stream.
batch vent stream i, megagrams per
(A) The values of Q and Cj shall be
month.
Q = Vent stream flow rate, dry standard
determined during a performance test
cubic meters per minute, measured using conducted under representative oper-
Method 2, 2A, 2C, or 2D, 40 CFR part 60, ating conditions. The values of Q and
appendix A, as appropriate. Cj shall be established in the Notifica-
h = Monthly hours of operation during which tion of Compliance Status and shall be
positive flow is present from the aggre- updated as provided in paragraph
gate batch vent stream, hours per (g)(7)(ii)(B) of this section.
month.
Cj = Concentration, parts per million by vol-
(B) If there is a change in capacity
ume, dry basis, of organic HAP j as meas- utilization other than a change in
ER12SE96.032</GPH>
ured by Method 18, 40 CFR part 60, appen- monthly operating hours, or if any
dix A. other change is made to the process or
357
ER12SE96.031</GPH>
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
product recovery equipment or oper- (A) If the aggregate batch vent

ation such that the previously meas- stream is not controlled by a control
ured values of Q and Cj are no longer device or pollution prevention meas-
representative, a new performance test ure, EABViACTUAL = EABViu, where
shall be conducted to determine new EABViu is calculated according to the
representative values of Q and Cj. procedures in paragraphs (g)(7)(i) and
These new values shall be used to cal- (g)(7)(ii) of this section.
culate debits and credits from the time (B) If the aggregate batch vent
of the change forward, and the new val-
stream is controlled using a control de-
ues shall be reported in the next Peri-
vice or a pollution prevention measure
odic Report.
(iii) The following procedures and achieving less than 90 percent reduc-
equations shall be used to calculate tion, calculate EABViACTUAL using
EABViACTUAL: Equation 34 of this subpart.
EABViACTUAL = EABViu ⎜ 1 − ⎟ [ Eq. 34]
⎝ 100% ⎠
(1) The percent reduction for control after November 15, 1990 to a level more
devices shall be determined according stringent than what is required by this
to the procedures in § 63.1325(e). subpart or any other State or Federal
(2) The percent reduction for pollu- rule or statute. Said Group 1 and Group
tion prevention measures shall be cal- 2 emission points are identified in
culated according to the procedures paragraphs (c)(1) through (c)(5) of this
specified in paragraph (j) of this sec- section. Credits shall be calculated
tion. using Equation 35 of this subpart.
(h) Credits are generated by the dif- (1) Sourcewide credits shall be cal-
ference between emissions that are al- culated using Equation 35 of this sub-
lowed for each Group 1 and Group 2 part. Credits and all terms of Equation
emission point and the actual emis- 35 of this subpart are in units of
sions from that Group 1 or Group 2 megagrams per month, and the base-
emission point that has been controlled line date is November 15, 1990:
( )
n n
Credits = D ∑ (( 0.02 ) ECPV1iu − ECPV1iACTUAL ) + D ∑ ECPVS1 jSTD − ECPVS1 jACTUAL
i =1 j =1
( )
m m
+ D ∑ ( ECPV2 iBASE − ECPV 2 iACTUAL ) + D ∑ ECPVS2 jBASE − ECPVS2 jACTUAL
i =1 j =1
n m
+ D ∑ (( BL ) ES1iu − ES1iACTUAL ) + D ∑ ( ES2 iBASE − ES2 iACTUAL )
i =1 i =1
n m
+ D ∑ ( EWW1ic − EWW1iACTUAL ) + D ∑ ( EWW2 iBASE − EWW 2 iACTUAL )
i =1 i =1
n n
+ D ∑ (( 0.10 ) EBPV1iu − EBPV1iACTUAL ) + D ∑ (( 0.10 ) EABV1iu − EABV1iACTUAL )
i =1 i =1
m m
+ D ∑ ( EBPV2 iBASE − EBPV 2 iACTUAL ) + D ∑ ( EABV2 iBASE − EABV 2 iACTUAL ) [Eq. 35]
i =1 i =1
Where: generating emission point controlled by

D = Discount factor = 0.9 for all credit gener- a pollution prevention measure (i.e., no
discount provided).
ating emission points except those con-

ECPV1iACTUAL = Emissions for each Group 1
ER09MR99.009</GPH>
trolled by a pollution prevention meas-

ure; discount factor = 1.0 for each credit continuous process vent i subject to
§ 63.1315 that is controlled to a level more
358
ER12SE96.033</GPH>
stringent than the reference control calculating these emissions, BL = 0.05 for
technology. ECPV1iACTUAL is calculated each Group 1 storage vessel i subject to
according to paragraph (h)(2) of this sec- § 63.1314(a); and BL = 0.02 for each storage
tion. vessel i subject to § 63.1314(c).
(0.02)ECPV1iu = Emissions from each Group 1 ES2iACTUAL = Emissions from each Group 2
continuous process vent i subject to storage vessel i that is controlled.
§ 63.1315 if the applicable reference con- ES2iACTUAL is calculated according to
trol technology had been applied to the paragraph (h)(4) of this section.
uncontrolled emissions. ECPV1iu is cal- ES2iBASE = Emissions from each Group 2 stor-
culated according to paragraph (h)(2) of age vessel i at the baseline date. ES2iBASE
this section. is calculated according to paragraph
ECPVS1jSTD = Emissions from Group 1 con- (h)(4) of this section.
tinuous process vents subject to EWW1iACTUAL = Emissions from each Group 1
§ 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), wastewater stream i that is controlled to
(b)(2)(ii), or (c)(1) located in the collec- a level more stringent than the reference
tion of process sections j within the af- control technology. EWW1iACTUAL is cal-
fected source if the applicable standard culated according to paragraph (h)(5) of
had been applied to the uncontrolled this section.
emissions. ECPVS1jSTD is calculated ac- EWW1ic = Emissions from each Group 1
cording to paragraph (h)(3) of this sec- wastewater stream i if the reference con-
tion. trol technology had been applied to the
ECPVS1jACTUAL = Emissions from Group 1 uncontrolled emissions. EWW1ic is cal-
continuous process vents subject to culated according to paragraph (h)(5) of
§ 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), this section.
(b)(2)(ii), or (c)(1) located in the collec- EWW2iACTUAL = Emissions from each Group 2
tion of process sections j within the af- wastewater stream i that is controlled.
fected source that are controlled to a EWW2iACTUAL is calculated according to
level more stringent than the applicable paragraph (h)(5) of this section.
standard. ECPVS1jACTUAL is calculated ac- EWW2iBASE = Emissions from each Group 2
cording to paragraph (h)(3) of this sec- wastewater stream i at the baseline date.
tion. EWW2iBASE is calculated according to
ECPV2iACTUAL = Emissions from each Group 2 paragraph (h)(5) of this section.
continuous process vent i subject to (0.10)EBPV1iu = Emissions from each Group 1
§ 63.1315 that is controlled. ECPV2iACTUAL batch process vent i if the applicable
is calculated according to paragraph standard had been applied to the uncon-
(h)(2) of this section. trolled emissions. EBPV1iu is calculated
ECPV2iBASE = Emissions from each Group 2 according to paragraph (h)(6) of this sec-
continuous process vent i subject to tion.
§ 63.1315 at the baseline date. ECPV2iBASE EBPV1iACTUAL = Emissions from each Group 1
is calculated according to paragraph batch process vent i that is controlled to
(h)(2) of this section. a level more stringent than the applica-
ECPVS2jBASE = Emissions from Group 2 con- ble standard. EBPV1iACTUAL is calculated
tinuous process vents subject to according to paragraph (h)(6) of this sec-
§ 63.1316(b)(1)(i) located in the collection tion.
of material recovery sections j within (0.10)EABV1iu = Emissions from each Group 1
the affected source at the baseline date. aggregate batch vent stream i if the ap-
ECPVS2jBASE is calculated according to plicable standard had been applied to the
paragraph (h)(3) of this section. uncontrolled emissions. EABV1iu is cal-
ECPVS2jACTUAL = Emissions from Group 2 culated according to paragraph (h)(7) of
continuous process vents subject to this section.
§ 63.1316(b)(1)(i) located in the collection EABV1iACTUAL = Emissions from each Group 1
of material recovery sections j within aggregate batch vent stream i that is
the affected source that are controlled. controlled to a level more stringent than
ECPVS2jACTUAL is calculated according to the applicable standard. EABV1iACTUAL is
paragraph (h)(3) of this section. calculated according to paragraph (h)(7)
ES1iACTUAL = Emissions from each Group 1 of this section.
storage vessel i that is controlled to a EBPV2iBASE = Emissions from each Group 2
level more stringent than the applicable batch process vent i at the baseline date.
reference control technology or standard. EBPV2iBASE is calculated according to
ES1iACTUAL is calculated according to paragraph (h)(6) of this section.
paragraph (h)(4) of this section. EBPV2iACTUAL = Emissions from each Group 2
(BL)ES1iu = Emissions from each Group 1 batch process vent i that is controlled.
storage vessel i if the applicable ref- EBPV2iACTUAL is calculated according to
erence control technology or standard paragraph (h)(6) of this section.
had been applied to the uncontrolled EABV2iBASE = Emissions from each Group 2
emissions. ES1iu is calculated according aggregate batch vent stream i at the
to paragraph (h)(4) of this section. For baseline date. EABV2iBASE is calculated
359
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
according to paragraph (h)(7) of this sec- a different manner and assigned a high-
tion. er nominal efficiency according to the
EABV2iACTUAL = Emissions from each Group 2 procedures in paragraph (i) of this sec-
aggregate batch vent stream i that is
tion.
controlled. EABV2iACTUAL is calculated
according to paragraph (h)(7) of this sec- (iii) For an emission point controlled
tion. using a pollution prevention measure,
n = Number of Group 1 emission points in- the nominal efficiency for calculating
cluded in the emissions average. The credits shall be as determined as de-
value of n is not necessarily the same for scribed in paragraph (j) of this section.
continuous process vents, batch process (iv) For Group 1 and Group 2 batch
vents, aggregate batch vent streams, process vents and Group 1 and Group 2
storage vessels, wastewater streams, or
aggregate batch vent streams, the per-
the collection of process sections within
the affected source. cent reduction for calculating credits
m = Number of Group 2 emission points in- shall be the percent reduction deter-
cluded in the emissions average. The mined according to the procedures in
value of m is not necessarily the same paragraphs (h)(6)(ii) and (h)(6)(iii) of
for continuous process vents, batch proc- this section for batch process vents and
ess vents, aggregate batch vent streams, paragraphs (h)(7)(ii) and (h)(7)(iii) of
storage vessels, wastewater streams, or this section for aggregate batch vent
the collection of process sections within streams.
the affected source.
(2) Emissions from continuous proc-
(i) Except as specified in paragraph ess vents subject to § 63.1315 shall be de-
(h)(1)(iv) of this section, for an emis- termined as follows:
sion point controlled using a reference (i) Uncontrolled emissions from
control technology, the percent reduc- Group 1 continuous process vents
tion for calculating credits shall be no (ECPV1iu) shall be calculated according
greater than the nominal efficiency as- to the procedures and equation for
sociated with the reference control ECPViu in paragraphs (g)(2)(i) and
technology, unless a higher nominal ef- (g)(2)(ii) of this section.
ficiency is assigned as specified in (ii) Actual emissions from Group 1
paragraph (h)(1)(ii) of this section. continuous process vents controlled
(ii) For an emission point controlled using a technology with an approved
to a level more stringent than the ref- nominal efficiency greater than 98 per-
erence control technology, the nominal cent or a pollution prevention measure
efficiency for calculating credits shall achieving greater than 98 percent emis-
be assigned as described in paragraph sion reduction (ECPV1iACTUAL) shall be
(i) of this section. A reference control calculated using Equation 36 of this
technology may be approved for use in subpart.
⎛ Nominal efficiency % ⎞
ECPV1iACTUAL = ECPV1iu ⎜ 1 − ⎟ [ Eq. 36]
⎝ 100% ⎠
(iii) The following procedures shall recovery device applied as a pollution

be used to calculate actual emissions prevention project, or a pollution pre-
from Group 2 continuous process vents vention measure, where the control
(ECPV2iACTUAL): achieves a percent reduction less than
(A) For a Group 2 continuous process or equal to 98 percent reduction, use
vent controlled by a control device, a Equation 37 of this subpart.
ECPV 2 iACTUAL = ECPV 2 iu ⎜ 1 − ⎟ [ Eq. 37]
⎝ ⎠
ER12SE96.036</GPH>
100%
360
ER12SE96.035</GPH>
(1) ECPV2iu shall be calculated ac- ECPV2iu; however, the sampling site for
cording to the equations and proce- measurement of vent stream flow rate
dures for ECPViu in paragraphs (g)(2)(i) and organic HAP concentration shall
and (g)(2)(ii) of this section, except as be at the inlet of the recovery device.
provided in paragraph (h)(2)(iii)(A)(3) of (4) If a recovery device was added as
this section. part of a pollution prevention project,
(2) The percent reduction shall be the percent reduction shall be dem-
calculated according to the procedures
onstrated by conducting a performance
in paragraphs (g)(2)(iii)(B)(1) through
test at the inlet and outlet of that re-
(g)(2)(iii)(B)(3) of this section, except as
covery device.
provided in paragraph (h)(2)(iii)(A)(4) of
this section. (B) For a Group 2 continuous process
(3) If a recovery device was added as vent controlled using a technology
part of a pollution prevention project, with an approved nominal efficiency
ECPV2iu shall be calculated prior to greater than 98 percent or a pollution
that recovery device. The equation for prevention measure achieving greater
ECPViu in paragraph (g)(2)(ii) of this than 98 percent reduction, use Equa-
section shall be used to calculate tion 38 of this subpart.
⎛ Nominal efficiency % ⎞
ECPV 2 iACTUAL = ECPV 2 iu ⎜ 1 − ⎟ [ Eq. 38]
⎝ 100% ⎠
(iv) Emissions from Group 2 contin- culated according to the procedures

uous process vents at baseline shall be and equation for ECPViu in paragraphs
calculated as follows: (g)(2)(i) and (g)(2)(ii) of this section.
(A) If the continuous process vent (B) If the continuous process vent
was uncontrolled on November 15, 1990, was controlled on November 15, 1990,
ECPV2iBASE = ECPV2iu and shall be cal- use Equation 39 of this subpart.
ECPV 2 iBASE = ECPV 2 iu ⎜ 1 − ⎟ [ Eq. 39]
⎝ 100% ⎠
(1) ECPV2iu is calculated according to (i) Emissions from Group 1 contin-

the procedures and equation for ECPViu uous process vents located in the col-
in paragraphs (g)(2)(i) and (g)(2)(ii) of lection of process sections j within the
this section. affected source if the applicable stand-
(2) The percent reduction shall be ard had been applied to the uncon-
calculated according to the procedures trolled emissions (ECPVS1jstd) shall be
specified in paragraphs (g)(2)(iii)(B)(1) calculated according to paragraph
through (g)(2)(iii)(B)(3) of this section. (g)(3)(ii) of this section.
(C) If a recovery device was added as (ii) Actual emissions from Group 1
part of a pollution prevention project continuous process vents located in the
initiated after November 15, 1990, collection of process sections j within
ECPV2iBASE = ECPV2iu, where ECPV2iu is the affected source controlled to a
calculated according to paragraph level more stringent than the applica-
(h)(2)(iii)(A)(3) of this section. ble standard (ECPVS1jACTUAL) shall be
(3) Emissions from continuous proc- calculated using the procedures in
ess vents subject to § 63.1316(b)(1)(i), paragraphs (g)(3)(ii)(A) and (g)(3)(ii)(B)
ER12SE96.038</GPH>
(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) of this section, except that the actual
shall be determined as follows: emission level, Mg organic HAP/Mg of
361
ER12SE96.037</GPH>
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
product, shall be used as EFstd in Equa- the procedures in paragraphs

tion 31 of this subpart. Further, (g)(3)(ii)(A) and (g)(3)(ii)(B) of this sec-
ECPVS1jACTUAL for continuous process tion, except that the actual emission
vents subject to § 63.1316(c)(1) con- level, Mg organic HAP/Mg of product,
trolled in accordance with at baseline shall be used as EFstd in
§ 63.1316(c)(1)(iii) shall be calculated Equation 31 of this subpart.
using the procedures in paragraph (4)(i) Emissions from storage vessels
(h)(2)(ii) of this section for individual shall be calculated using the proce-
continuous process vents and then dures specified in § 63.150(h)(3).
summing said emissions to get (ii) Actual emissions from Group 1
ECPVS1jACTUAL, except that the sam- storage vessels at an existing affected
pling site shall be after recovery de- source producing ASA/AMSAN subject
vices installed as part of normal oper- to § 63.1314(c) using a technology with
ation; before any add-on control de- an approved nominal efficiency greater
vices (i.e., those required by regula- than 98 percent or a pollution preven-
tion); and prior to discharge to the at- tion measure achieving greater than 98
mosphere. percent emission reduction shall be
(iii) Actual emissions from Group 2 calculated using the procedures speci-
continuous process vents subject to fied in § 63.150(h)(3)(ii).
§ 63.1316(b)(1)(i) located in the collec- (5) Emissions from wastewater
tion of material recovery sections j streams shall be calculated using the
within the affected source procedures specified in § 63.150(h)(5).
(ECPVS2jACTUAL) shall be calculated (6) Emissions from batch process
using the procedures in paragraphs vents shall be determined as follows:
(g)(3)(ii)(A) and (g)(3)(ii)(B) of this sec- (i) Uncontrolled emissions from
tion, except that the actual emission Group 1 batch process vents (EBPV1iu)
level, Mg organic HAP/Mg of product, shall be calculated using the proce-
shall be used as EFstd in Equation 31 of dures § 63.1323(b).
this subpart. (ii) Actual emissions from Group 1
(iv) Emissions from Group 2 contin- batch process vents controlled to a
uous process vents subject to level more stringent than the standard
§ 63.1316(b)(1)(i) located in the collec- (EBPV1iACTUAL) shall be calculated
tion of material recovery sections j using Equation 40 of this subpart,
within the affected source at baseline where percent reduction is for the
(ECPVS2jBASE) shall be calculated using batch cycle:
EBPV1iACTUAL = EBPV1iu ⎜ 1 − ⎟ [ Eq. S 40]
⎝ 100% ⎠
(A) The percent reduction for the culated using the procedures specified
batch cycle shall be calculated accord- in paragraph (j) of this section.
ing to the procedures in § 63.1325(c)(2). (iii) Actual emissions from Group 2
(B) The percent reduction for control batch process vents (EBPV2iACTUAL)
devices shall be determined according shall be calculated using Equation 41 of
to the procedures in § 63.1325(c)(2)(i) this subpart and the procedures in
through (c)(2)(iii). paragraphs (h)(6)(ii)(A) through
(C) The percent reduction of pollu- (h)(6)(ii)(C) of this section. EBPV2iu
shall be calculated using the proce-
tion prevention measures shall be cal-
dures specified in § 63.1323(b).
EBPV 2 iACTUAL = EBPV 2 iu ⎜ 1 −

ER12SE96.040</GPH>
⎟ [ Eq. 41]
⎝ 100% ⎠
362
ER09MR99.010</GPH>
(iv) Emissions from Group 2 batch (B) If the batch process vent was con-
process vents at baseline (EBPV2iBASE) trolled on November 15, 1990, use Equa-
shall be calculated as follows: tion 42 of this subpart and the proce-
(A) If the batch process vent was un- dures in paragraphs (h)(6)(ii)(A)
controlled on November 15, 1990, through (h)(6)(ii)(C) of this section.
EBPV2iBASE = EBPV2iu and shall be cal- EBPV2iu shall be calculated using the
culated using the procedures specified procedures specified in § 63.1323(b).
in § 63.1323(b).
EBPV 2 iBASE = EBPV 2 iu ⎜ 1 − ⎟ [ Eq. 42 ]
⎝ 100% ⎠
(7) Emissions from aggregate batch EABViu in paragraphs (g)(7)(i) and

vent streams shall be determined as (g)(7)(ii) of this section.
follows: (ii) Actual emissions from Group 1
(i) Uncontrolled emissions from aggregate batch vent streams con-
Group 1 aggregate batch vent streams trolled to a level more stringent than
(EABV1iu) shall be calculated according the standard (EABV1iACTUAL) shall be
to the procedures and equation for calculated using Equation 43 of this
subpart:
EABV1iACTUAL = EABV1iu ⎜ 1 − ⎟ [ Eq. 43]
⎝ 100% ⎠
(A) The percent reduction for control (EABV2iACTUAL) shall be calculated

devices shall be determined according using Equation 44 of this subpart and
to the procedures in § 63.1325(e). the procedures in paragraphs
(B) The percent reduction of pollu- (h)(7)(ii)(A) through (h)(7)(ii)(B) of this
tion prevention measures shall be cal- section. EABV2iu shall be calculated ac-
culated using the procedures specified cording to the equations and proce-
in paragraph (j) of this section. dures for EABViu in paragraphs (g)(7)(i)
(iii) Actual emissions from Group 2 and (g)(7)(ii) of this section.
aggregate batch vent streams
EABV 2 iACTUAL = EABV 2 iu ⎜ 1 − ⎟ [ Eq. 44 ]
⎝ 100% ⎠
(iv) Emissions from Group 2 aggre- (B) If the aggregate batch vent
gate batch vent streams at baseline stream was controlled on November 15,
shall be calculated as follows: 1990, use Equation 45 of this subpart
ER12SE96.043</GPH>
(A) If the aggregate batch vent and the procedures in paragraphs

stream was uncontrolled on November (h)(7)(ii)(A) through (h)(7)(ii)(B) of this
15, 1990, EABV2iBASE = EABV2iu and section. EABV2iu shall be calculated ac-
shall be calculated according to the cording to the equations and proce-
procedures and equation for EABViu in dures for EABViu in paragraphs (g)(7)(i)
ER12SE96.042</GPH>
paragraphs (g)(7)(i) and (g)(7)(ii) of this and (g)(7)(ii) of this section.

section.
363
ER12SE96.041</GPH>
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
EABV 2 iBASE = EABV 2 iu ⎜ 1 − ⎟ [ Eq. 45]
⎝ 100% ⎠
(i) The following procedures shall be (iv) A description of the parameter or

followed to establish nominal effi- parameters to be monitored to ensure
ciencies for emission controls for stor- that the control technology will be op-
age vessels, continuous process vents, erated in conformance with its design
and process wastewater streams. The and an explanation of the criteria used
procedures in paragraphs (i)(1) through for selection of that parameter (or pa-
(i)(6) of this section shall be followed rameters).
for control technologies that are dif- (2) The Administrator shall deter-
ferent in use or design from the ref- mine within 120 days whether an appli-
erence control technologies and cation presents sufficient information
achieve greater percent reductions to determine nominal efficiency. The
than the percent efficiencies assigned Administrator reserves the right to re-
to the reference control technologies in quest specific data in addition to the
§ 63.111. items listed in paragraph (i)(1) of this
(1) In those cases where the owner or section.
operator is seeking permission to take (3) The Administrator shall deter-
credit for use of a control technology mine within 120 days of the submittal
that is different in use or design from of sufficient data whether a control
the reference control technology, and technology shall have a nominal effi-
the different control technology will be ciency and the level of that nominal ef-
used in more than three applications at ficiency. If, in the Administrator’s
a single plant-site, the owner or oper- judgment, the control technology
ator shall submit the information spec- achieves a level of emission reduction
ified in paragraphs (i)(1)(i) through greater than the reference control
(i)(1)(iv) of this section, as specified in technology for a particular kind of
§ 63.1335(e)(7)(ii), to the Director of the emission point, the Administrator will
EPA Office of Air Quality Planning and publish a FEDERAL REGISTER notice es-
Standards in writing: tablishing a nominal efficiency for the
(i) Emission stream characteristics control technology.
of each emission point to which the (4) The Administrator may grant per-
control technology is or will be applied mission to take emission credits for
including the kind of emission point, use of the control technology. The Ad-
flow, organic HAP concentration, and ministrator may also impose require-
all other stream characteristics nec- ments that may be necessary to ensure
essary to design the control technology operation and maintenance to achieve
or determine its performance. the specified nominal efficiency.
(ii) Description of the control tech- (5) In those cases where the owner or
nology including design specifications. operator is seeking permission to take
(iii) Documentation demonstrating credit for use of a control technology
to the Administrator’s satisfaction the that is different in use or design from
control efficiency of the control tech- the reference control technology and
nology. This may include performance the different control technology will be
test data collected using an appro- used in no more than three applica-
priate EPA Method or any other meth- tions at a single plant site, the owner
od validated according to Method 301, or operator shall submit the informa-
40 CFR part 63, appendix A, of this tion listed in paragraphs (i)(1)(i)
part. If it is infeasible to obtain test through (i)(1)(iv) of this section, as
data, documentation may include a de- specified in § 63.1335(e)(7)(ii), to the Ad-
sign evaluation and calculations. The ministrator.
engineering basis of the calculation (i) In these instances, use and condi-
procedures and all inputs and assumptions for use of the control technology
tions made in the calculations shall be may be approved by the permitting au-
documented. thority as part of an operating permit
364
ER12SE96.044</GPH>
application or modification. The per- (i) A pollution prevention measure is

mitting authority shall follow the pro- any practice that results in a lesser
cedures specified in paragraphs (i)(2) quantity of organic HAP emissions per
through (i)(4) of this section except unit of product released to the atmos-
that, in these instances, a FEDERAL phere prior to out-of-process recycling,
REGISTER notice is not required to es- treatment, or control of emissions,
tablish the nominal efficiency for the while the same product is produced.
different technology. (ii) Pollution prevention measures
(ii) If, in reviewing the application, may include: substitution of feedstocks
the permitting authority believes the that reduce organic HAP emissions; al-
control technology has broad applica- terations to the production process to
bility for use by other affected sources, reduce the volume of materials re-
the permitting authority shall submit leased to the environment; equipment
the information provided in the appli- modifications; housekeeping measures;
cation to the Director of the EPA Of- and in-process recycling that returns
fice of Air Quality Planning and Stand- waste materials directly to production
ards. The Administrator shall review as raw materials. Production cutbacks
the technology for broad applicability do not qualify as pollution prevention.
and may publish a FEDERAL REGISTER (2) The emission reduction efficiency
notice; however, this review shall not of pollution prevention measures im-
affect the permitting authority’s ap- plemented after November 15, 1990, may
proval of the nominal efficiency of the be used in calculating the actual emis-
control technology for the specific ap- sions from an emission point in the
plication. debit and credit equations in para-
(6) If, in reviewing an application for graphs (g) and (h) of this section.
a control technology for an emission (i) For pollution prevention meas-
point, the Administrator or permitting ures, the percent reduction used in the
authority determines the control tech- equations in paragraphs (g)(2) through
nology is not different in use or design (g)(7) of this section and paragraphs
from the reference control technology, (h)(2) through (h)(7) of this section is
the Administrator or permitting au- the percent difference between the
thority shall deny the application. monthly organic HAP emissions for
(j) The following procedures shall be each emission point after the pollution
used for calculating the efficiency (per- prevention measure for the most recent
cent reduction) of pollution prevention month versus monthly emissions from
measures for storage vessels, contin- the same emission point before the pol-
uous process vents, batch process lution prevention measure, adjusted by
vents, aggregate batch vent streams, the volume of product produced during
and wastewater streams: the two monthly periods.
(1) A pollution prevention measure is (ii) Equation 46 of this subpart shall
any practice that meets the criteria of be used to calculate the percent reduc-
paragraphs (j)(1)(i) and (j)(1)(ii) of this tion of a pollution prevention measure
section. for each emission point.
EB −
(E )(P )
pp B
Ppp
Percent reduction = 100% [ Eq. 46]
EB
Where: EB = Monthly emissions before the pollution

Percent reduction = Efficiency of pollution prevention measure, megagrams per
month, determined as specified in para-
prevention measure (percent organic

HAP reduction). graphs (j)(2)(ii)(A), (j)(2)(ii)(B), and
(j)(2)(ii)(C) of this section.
365
ER12SE96.045</GPH>
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
Epp = Monthly emissions after the pollution (A) The monthly emissions before the
prevention measure, megagrams per pollution prevention measure, EB, shall
month, as determined for the most re- be determined in a manner consistent
cent month, determined as specified in with the equations and procedures in
either paragraphs (j)(2)(ii)(D) or paragraphs (g)(2) and (g)(3) of this sec-
(j)(2)(ii)(E) of this section.
tion for continuous process vents, para-
PB = Monthly production before the pollu-
graph (g)(4) of this section for storage
tion prevention measure, megagrams per
month, during the same period over
vessels, paragraph (g)(6) of this section
which EB is calculated. for batch process vents, and paragraph
Ppp = Monthly production after the pollution (g)(7) of this section for aggregate
prevention measure, megagrams per batch vent streams.
month, as determined for the most re- (B) For wastewater, EB shall be cal-
cent month. culated using Equation 47 of this sub-
part:
n ⎡ ⎤
( )
S
E B = ∑ ⎢ 6.0 ∗10 Q Bi H Bi ∑ Fe m HAPBim ⎥
−8
[Eq. 47]
i =1 ⎢
⎣ m =1 ⎥⎦
Where: (C) If the pollution prevention meas-

n = Number of wastewater streams. ure was implemented prior to Sep-
QBi = Annual average flow rate for waste- tember 12, 1996 records may be used to
water stream i before the pollution pre- determine EB.
vention measure, defined and determined
according to § 63.144(c)(3), liters per
(D) The monthly emissions after the
minute, before implementation of the pollution prevention measure, Epp, may
pollution prevention measure. be determined during a performance
HBi = Number of hours per month that waste- test or by a design evaluation and doc-
water stream i was discharged before the umented engineering calculations.
pollution prevention measure, hours per Once an emissions-to-production ratio
month. has been established, the ratio can be
s = Total number of organic HAP in waste-
water stream i.
used to estimate monthly emissions
Fem = Fraction emitted of organic HAP m in from monthly production records.
wastewater from Table 34 of subpart G of (E) For wastewater, Epp shall be cal-
this part, dimensionless. culated using Equation 48 of this sub-
HAPBim = Annual average concentration of part and n, Qppi, Hppi, s, Fem, and
organic HAP m in wastewater stream i, HAPppim are defined and determined as
defined and determined according to
described in paragraph (j)(2)(ii)(B) of
paragraph § 63.150(g)(5)(i) of this section,
before the pollution prevention measure, this section, except that Qppi, Hppi, and
parts per million by weight, as measured HAPppim shall be determined after the
before the implementation of the pollu- pollution prevention measure has been
tion measure. implemented.
n ⎡ ⎤
( )
s
E pp = ∑ ⎢ 6.0 ∗10 Q ppi H ppi ∑ Fe m HAPppim ⎥
−8
[ Eq. 48]
i =1 ⎢
⎣ m =1 ⎥⎦
(iii) All equations, calculations, test prevention measure for each emission
procedures, test results, and other in- point shall be fully documented.
formation used to determine the per- (iv) The same pollution prevention
ER12SE96.047</GPH>
cent reduction achieved by a pollution measure may reduce emissions from

multiple emission points. In such
366
ER09MR99.011</GPH>
cases, the percent reduction in emis- would result if the emission points
sions for each emission point shall be were controlled according to §§ 63.1314,
calculated. 63.1315, 63.1316 through 63.1320, 63.1321,
(v) For the purposes of the equations and 63.1330.
in paragraphs (h)(2) through (h)(7) of (4) A hazard or risk equivalency dem-
this section used to calculate credits onstration shall:
for emission points controlled more (i) Be a quantitative, bona fide chem-
stringently than the reference control ical hazard or risk assessment;
technology or standard, the nominal (ii) Account for differences in chem-
efficiency of a pollution prevention ical hazard or risk to human health or
measure is equivalent to the percent the environment; and
reduction of the pollution prevention (iii) Meet any requirements set by
measure. When a pollution prevention the Administrator for such demonstra-
measure is used, the owner or operator tions.
of an affected source is not required to (l) For periods of parameter moni-
apply to the Administrator for a nomi- toring excursions, an owner or operator
nal efficiency and is not subject to may request that the provisions of
paragraph (i) of this section. paragraphs (l)(1) through (l)(4) of this
(k) The owner or operator shall dem- section be followed instead of the pro-
onstrate that the emissions from the cedures in paragraphs (f)(2)(i) and
emission points proposed to be included (f)(2)(ii) of this section.
in the emissions average will not result (1) The owner or operator shall notify
in greater hazard or, at the option of the Administrator of monitoring excur-
the Administrator, greater risk to sions in the Periodic Reports as re-
human health or the environment than quired in § 63.1335(e)(6).
if the emission points were controlled (2) The owner or operator shall dem-
according to the provisions in §§ 63.1314, onstrate that other types of moni-
63.1315, 63.1316 through 63.1320, 63.1321, toring data or engineering calculations
and 63.1330. are appropriate to establish that the
(1) This demonstration of hazard or control device for the emission point
risk equivalency shall be made to the was operating in such a fashion to war-
satisfaction of the Administrator. rant assigning full or partial credits
(i) The Administrator may require and debits. This demonstration shall be
owners and operators to use specific made to the Administrator’s satisfac-
methodologies and procedures for mak- tion, and the Administrator may estab-
ing a hazard or risk determination. lish procedures of demonstrating com-
(ii) The demonstration and approval pliance that are acceptable.
of hazard or risk equivalency shall be (3) The owner or operator shall pro-
made according to any guidance that vide documentation of the excursion
the Administrator makes available for and the other type of monitoring data
use. or engineering calculations to be used
(2) Owners and operators shall pro- to demonstrate that the control device
vide documentation demonstrating the for the emission point was operating in
hazard or risk equivalency of their pro- such a fashion to warrant assigning
posed emissions average in their oper- full or partial credits and debits.
ating permit application or in their (4) The Administrator may assign
Emissions Averaging Plan if an oper- full or partial credit and debits upon
ating permit application has not yet review of the information provided.
been submitted. (m) For each emission point included
(3) An Emissions Averaging Plan that in an emissions average, the owner or
does not demonstrate hazard or risk operator shall perform testing, moni-
equivalency to the satisfaction of the toring, recordkeeping, and reporting
Administrator shall not be approved. equivalent to that required for Group 1
The Administrator may require such emission points complying with
adjustments to the Emissions Aver- §§ 63.1314, 63.1315, 63.1316 through 63.1320,
aging Plan as are necessary in order to 63.1321, and 63.1330, as applicable. The
ensure that the emissions average will specific requirements for continuous
not result in greater hazard or risk to process vents, batch process vents, ag-
human health or the environment than gregate batch vent streams, storage
367
§ 63.1332 40 CFR Ch. I (7–1–16 Edition)
vessels, and wastewater operations (4) For each storage vessel controlled
that are included in an emissions aver- with an internal floating roof, external
age for an affected source are identified roof, or a closed vent system with a
in paragraphs (m)(1) through (m)(7) of control device, as appropriate to the
this section. control technique:
(1) For each continuous process vent (i) Perform the monitoring or inspec-
subject to § 63.1315 equipped with a tion procedures according to the proce-
flare, incinerator, boiler, or process dures specified in § 63.1314;
heater, as appropriate to the control (ii) Perform the reporting and record-
technique: keeping procedures according to the
(i) Determine whether the continuous procedures specified in § 63.1314; and
process vent is Group 1 or Group 2 ac- (iii) For closed vent systems with
cording to the procedures specified in control devices, conduct an initial de-
§ 63.1315; sign evaluation and submit an oper-
(ii) Conduct initial performance tests ating plan according to the procedures
to determine percent reduction accord- specified in § 63.1314.
ing to the procedures specified in (5) For wastewater emission points,
§ 63.1315; and as appropriate to the control tech-
(iii) Monitor the operating param- nique:
eters, keep records, and submit reports (i) For wastewater treatment proc-
according to the procedures specified esses, conduct tests according to the
in § 63.1315. procedures specified in § 63.1330;
(ii) Conduct inspections and moni-
(2) For each continuous process vent
toring according to the procedures
subject to § 63.1315 equipped with a car-
specified in § 63.1330;
bon adsorber, absorber, or condenser
(iii) Implement a recordkeeping pro-
but not equipped with a control device,
gram according to the procedures spec-
as appropriate to the control tech-
ified in § 63.1330; and
nique:
(iv) Implement a reporting program
(i) Determine the flow rate, organic
according to the procedures specified
HAP concentration, and TRE index
in § 63.1330.
value according to the procedures spec-
(6) For each batch process vent and
ified in § 63.1315; and
aggregate batch vent stream equipped
(ii) Monitor the operating param- with a control device, as appropriate to
eters, keep records, and submit reports the control technique:
according to the procedures specified (i) Determine whether the batch
in § 63.1315. process vent or aggregate batch vent
(3) For continuous process vents sub- stream is Group 1 or Group 2 according
ject to § 63.1316(b)(1)(i), (b)(1)(ii), to the procedures in § 63.1323;
(b)(2)(i), (b)(2)(ii), or (c)(1): (ii) Conduct performance tests ac-
(i) Determine whether the emissions cording to the procedures specified in
from the continuous process vents sub- § 63.1325;
ject to § 63.1316(b)(1)(i) located in the (iii) Conduct monitoring according to
collection of material recovery sec- the procedures specified in § 63.1324; and
tions within the affected source are (iv) Perform the recordkeeping and
greater than, equal to, or less than 0.12 reporting procedures according to the
kg organic HAP per Mg of product ac- procedures specified in §§ 63.1326 and
cording to the procedures specified in 63.1327.
§ 63.1318(b); (7) If an emission point in an emis-
(ii) Determine the emission rate, sions average is controlled using a pol-
ERHAP, for each collection of process lution prevention measure or a device
sections within the affected source ac- or technique for which no monitoring
cording to the procedures specified in parameters or inspection procedures
§ 63.1318(b); and are required by §§ 63.1314, 63.1315, 63.1316
(iii) [Reserved] through 63.1320, 63.1321, or 63.1330, the
(iv) Monitor the operating param- owner or operator shall submit the in-
eters, keep records, and submit reports formation specified in § 63.1335(f) for al-
according to the procedures specified ternate monitoring parameters or in-
in § 63.1317, § 63.1319, § 63.1320. spection procedures in the Emissions
368
Averaging Plan or operating permit ap- § 63.1335(e)(5); or the 6-month period

plication. that begins 3 months before the per-
(n) Records of all information re- formance test and ends 3 months after
quired to calculate emission debits and the performance test.
credits shall be retained for 5 years. (ii) Causing damage to equipment;
(o) Precompliance Reports, Emission necessitating that the owner or oper-
Averaging Plans, Notifications of Com- ator make product that does not meet
pliance Status, Periodic Reports, and an existing specification for sale to a
other reports shall be submitted as re- customer; or necessitating that the
quired by § 63.1335. owner or operator make product in ex-
[61 FR 48229, Sept. 12, 1996, as amended at 64 cess of demand.
FR 11549, Mar. 9, 1999; 79 FR 17367, Mar. 27, (2) The requirements in § 63.1335(e)(5)
2014] shall apply instead of the references in
§ 63.7(g) to the Notification of Compli-
§ 63.1333 Additional requirements for
performance testing. ance Status requirements in § 63.9(h).
(3) Because the site-specific test
(a) Performance tests shall be con- plans in § 63.7(c)(3) are not required,
ducted under such conditions as the § 63.7(h)(4)(ii) is not applicable.
Administrator specifies to the owner or
(4) The owner or operator shall notify
operator based on representative per-
the Administrator of the intention to
formance of the affected source for the
conduct a performance test at least 30
period being tested and in accordance
days before the performance test is
with § 63.7(a)(1), (a)(3), (d), (e)(2), (e)(4),
scheduled to allow the Administrator
(g), and (h), with the exceptions speci-
the opportunity to have an observer
fied in paragraphs (a)(1) through (5) of
present during the test. If after 30 days
this section and the additions specified
notice for an initially scheduled per-
in paragraphs (b) through (d) of this
formance test, there is a delay (due to
section. Representative conditions ex-
clude periods of startup and shutdown operational problems, etc.) in con-
unless specified by the Administrator ducting the scheduled performance
or an applicable subpart. The owner or test, the owner or operator of an af-
operator may not conduct performance fected facility shall notify the Admin-
tests during periods of malfunction. istrator as soon as possible of any
The owner or operator must record the delay in the original test date, either
process information that is necessary by providing at least 7 days prior no-
to document operating conditions dur- tice of the rescheduled date of the per-
ing the test and include in such record formance test, or by arranging a re-
an explanation to support that such scheduled date with the Administrator
conditions represent normal operation. by mutual agreement.
Upon request, the owner or operator (5) Performance tests shall be per-
shall make available to the Adminis- formed no later than 150 days after the
trator such records as may be nec- compliance dates specified in this sub-
essary to determine the conditions of part (i.e., in time for the results to be
performance tests. Sections 63.1314 included in the Notification of Compli-
through 63.1330 also contain specific ance Status), rather than according to
testing requirements. the time periods in § 63.7(a)(2) of sub-
(1) Performance tests shall be con- part A of this part.
ducted according to the provisions of (b) Each owner or operator of an ex-
§ 63.7(e)(2), except that performance isting affected source producing MBS
tests shall be conducted at maximum complying with § 63.1315(b)(2) shall de-
representative operating conditions termine compliance with the mass
achievable during one of the time peri- emission per mass product standard by
ods described in paragraph (a)(1)(i) of using Equation 49 of this subpart.
this section, without causing any of When determining Ei, when the provi-
the situations described in paragraph sions of § 63.116(c)(4) specify that Meth-
(a)(1)(ii) of this section to occur. od 18, 40 CFR part 60, appendix A, shall
(i) The 6-month period that ends 2 be used, Method 18 or Method 25A, 40
months before the Notification of Com- CFR part 60, appendix A, may be used
pliance Status is due, according to for the purposes of this subpart. The
369
§ 63.1333 40 CFR Ch. I (7–1–16 Edition)
use of Method 25A, 40 CFR part 60, ap- culated using the procedures specified in
pendix A, shall conform with the re- § 63.116(c)(4), kg/month.
quirements in paragraphs (b)(1) and PPM = Amount of polymer produced in one
(b)(2) of this section. During periods of month as determined by the procedures
specified in § 63.1318(b)(1)(ii), Mg/month.
startup or shutdown, as an alternative
n = Number of continuous process vents.
to using Equation 49 of this subpart,
the owner or operator may divide the (1) The organic HAP used as the cali-
emission rate of total organic HAP or bration gas for Method 25A, 40 CFR
TOC during startup or shutdown by the part 60, appendix A, shall be the single
rate of polymer produced from the organic HAP representing the largest
most recent performance test associ- percent by volume.
ated with a production rate greater (2) The use of Method 25A, 40 CFR
than zero to comply with the emission part 60, appendix A, is acceptable if the
limit. response from the high-level calibra-
n
tion gas is at least 20 times the stand-
∑ Ei
ard deviation of the response from the
zero calibration gas when the instru-
i =1
ER MBS = [Eq. 49] ment is zeroed on the most sensitive
PPM scale.
Where: (c) The owner or operator of an af-
fected source, complying with
ERMBS = Emission rate of organic HAP or
TOC from continuous process vents, kg/ § 63.1322(a)(3) shall determine compli-
Mg product. ance with the percent reduction re-
Ei = Emission rate of organic HAP or TOC quirement using Equation 50 of this
from continuous process vent i as cal- subpart.
⎡ n ⎤ n n
⎢ H j ∑ ( E i − E o ) j⎥ + ∑ H k E ku + ∑ AE unc
⎢ j=1 ⎥ k =1
PR = ⎣ ⎦ l =1
(100 ) [ Eq. 50 ]
⎛ n ⎞ n n
⎜ H j ∑ E i ⎟ + ∑ H k E ku + ∑ AE unc
⎜ ⎟
⎝ j=1 ⎠ k =1 l =1
Where: AEunc = Mass rate of TOC or total organic

PR = Percent reduction HAP of uncontrolled batch process vent
Hj = Number of operating hours in a year for l, calculated as specified in § 63.1325(f)(4),
control device j. kg/yr.
Ei = Mass rate of TOC or total organic HAP n = Number of control devices, uncontrolled
at the inlet of control device j, cal- continuous process vents and aggregate
culated as specified in § 63.1325(f), kg/hr. batch vent streams, and uncontrolled
This value includes all continuous proc- batch process vents. The value of n is not
ess vents, batch process vents, and aggre- necessarily the same for these three
gate batch vent streams routed to con- items.
trol device j.
Eo = Mass rate of TOC or total organic HAP (d) Data shall be reduced in accord-
at the outlet of control device j, cal- ance with the EPA approved methods
culated as specified in § 63.1325(f), kg/hr. specified in the applicable subpart or,
Hk = Number of hours of operation during if other test methods are used, the data
which positive flow is present in uncon-
trolled continuous process vent or aggre-
and methods shall be validated accord-
gate batch vent stream k, hr/yr. ing to the protocol in Method 301 of ap-
Eku = Mass rate of TOC or total organic HAP pendix A of this part.
of uncontrolled continuous process vent (e) Notwithstanding any other provi-
ER12se96.049</GPH>
or aggregate batch vent stream k, cal- sion of this subpart, if an owner or op-
culated as specified in § 63.1325(f)(4), kg/ erator of an affected source uses a flare
hr.
370
ER19JN00.041</MATH>
to comply with any of the require- § 63.1335(e)(3)(vii) for review and ap-
ments of this subpart, the owner or op- proval as part of the Precompliance
erator shall comply with paragraphs Report.
(e)(1) through (e)(3) of this section. The (1) The owner or operator shall oper-
owner or operator is not required to ate control and recovery devices such
conduct a performance test to deter- that the daily average of monitored pa-
mine percent emission reduction or rameters remains above the minimum
outlet organic HAP or TOC concentra- established level or below the max-
tion. If a compliance demonstration imum established level, except as oth-
has been conducted previously for a erwise stated in this subpart.
flare, using the techniques specified in (2) As specified in § 63.1335(e)(5), all
paragraphs (e)(1) through (e)(3) of this established levels, along with their
section, that compliance demonstra- supporting documentation and the defi-
tion may be used to satisfy the require- nition of an operating day, shall be
ments of this paragraph if either no de- submitted as part of the Notification of
liberate process changes have been Compliance Status.
made since the compliance demonstra- (3) Nothing in this section shall be
tion, or the results of the compliance construed to allow a monitoring pa-
demonstration reliably demonstrate rameter excursion caused by an activ-
compliance despite process changes. ity that violates other applicable pro-
(1) Conduct a visible emission test visions of subpart A, F, G, or H of this
using the techniques specified in part.
§ 63.11(b)(4); (b) Establishment of parameter moni-
(2) Determine the net heating value toring levels based exclusively on perform-
of the gas being combusted, using the ance tests. In cases where a performance
techniques specified in § 63.11(b)(6); and test is required by this subpart, or the
(3) Determine the exit velocity using owner or operator of the affected
the techniques specified in either source elects to do a performance test
§ 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), in accordance with the provisions of
where applicable) or § 63.11(b)(8), as ap- this subpart, and an owner or operator
propriate. elects to establish a parameter moni-
[61 FR 48229, Sept. 12, 1996, as amended at 65 toring level for a control, recovery, or
FR 38128, June 19, 2000; 79 FR 17637, Mar. 27, recapture device based exclusively on
2014] parameter values measured during the
performance test, the owner or oper-
§ 63.1334 Parameter monitoring levels ator of the affected source shall com-
and excursions. ply with the procedures in paragraphs
(a) Establishment of parameter moni- (b)(1) through (b)(4) of this section, as
toring levels. The owner or operator of a applicable.
control or recovery device that has one (1) [Reserved]
or more parameter monitoring level re- (2) Continuous process vents. During
quirements specified under this subpart initial compliance testing, the appro-
shall establish a maximum or min- priate parameter shall be continuously
imum level for each measured param- monitored during the required 1-hour
eter. If a performance test is required runs. The monitoring level(s) shall
by this subpart for a control device, then be established as the average of
the owner or operator shall use the the maximum (or minimum) point val-
procedures in either paragraph (b) or ues from the three test runs. The aver-
(c) of this section to establish the pa- age of the maximum values shall be
rameter monitoring level(s). If a per- used when establishing a maximum
formance test is not required by this level, and the average of the minimum
subpart for a control device, the owner values shall be used when establishing
or operator may use the procedures in a minimum level.
paragraph (b), (c) or (d) of this section (3) Batch process vents. The moni-
to establish the parameter monitoring toring level(s) shall be established
level(s). When using the procedures using the procedures specified in either
specified in paragraph (c) or (d) of this paragraph (b)(3)(i) or (b)(3)(ii) of this

section, the owner or operator shall section. The procedures specified in
submit the information specified in this paragraph (b)(3) may only be used
371
§ 63.1334 40 CFR Ch. I (7–1–16 Edition)
if the batch emission episodes, or por- culated for the entire batch cycle based
tions thereof, selected to be controlled on all values measured during each
were tested, and monitoring data were batch emission episode, or portion
collected, during the entire period in thereof, selected to be controlled.
which emissions were vented to the (ii) Instead of establishing a single
control device, as specified in level for the batch cycle, as described
§ 63.1325(c)(1)(i). If the owner or oper- in paragraph (b)(3)(i) of this section, an
ator chose to test only a portion of the owner or operator may establish sepa-
batch emission episode, or portion rate levels for each batch emission epi-
thereof, selected to be controlled, the sode, or portion thereof, selected to be
procedures in paragraph (c) of this sec- controlled. Each level shall be deter-
tion shall be used. mined as specified in paragraph
(i) If more than one batch emission (b)(3)(i)(A) of this section.
episode or more than one portion of a (iii) The batch cycle shall be defined
batch emission episode has been se- in the Notification of Compliance Sta-
lected to be controlled, a single level tus, as specified in § 63.1335(e)(5). Said
for the batch cycle shall be calculated definition shall include an identifica-
as follows: tion of each batch emission episode and
(A) The average monitored parameter the information required to determine
value shall be calculated for each batch parameter monitoring compliance for
emission episode, or portion thereof, in partial batch cycles (i.e., when part of
the batch cycle selected to be con- a batch cycle is accomplished during
trolled. The average shall be based on two different operating days).
all values measured during the re-
(4) Aggregate batch vent streams. For
quired performance test.
aggregate batch vent streams, the
(B) If the level to be established is a
monitoring level shall be established in
maximum operating parameter, the
accordance with paragraph (b)(2) of
level shall be defined as the minimum
this section.
of the average parameter values of the
batch emission episodes, or portions (c) Establishment of parameter moni-
thereof, in the batch cycle selected to toring levels based on performance tests,
be controlled (i.e., identify the emis- supplemented by engineering assessments
sion episode, or portion thereof, which and/or manufacturer’s recommendations.
requires the lowest parameter value in In cases where a performance test is re-
order to assure compliance. The aver- quired by this subpart, or the owner or
age parameter value that is necessary operator elects to do a performance
to assure compliance for that emission test in accordance with the provisions
episode, or portion thereof, shall be the of this subpart, and an owner or oper-
level for all emission episodes, or por- ator elects to establish a parameter
tions thereof, in the batch cycle, that monitoring level for a control, recov-
are selected to be controlled). ery, or recapture device under this
(C) If the level to be established is a paragraph (c), the owner or operator
minimum operating parameter, the shall supplement the parameter values
level shall be defined as the maximum measured during the performance test
of the average parameter values of the with engineering assessments and/or
batch emission episodes, or portions manufacturer’s recommendations. Per-
thereof, in the batch cycle selected to formance testing is not required to be
be controlled (i.e., identify the emis- conducted over the entire range of ex-
sion episode, or portion thereof, which pected parameter values.
requires the highest parameter value in (d) Establishment of parameter moni-
order to assure compliance. The aver- toring based on engineering assessments
age parameter value that is necessary and/or manufacturer’s recommendations.
to assure compliance for that emission In cases where a performance test is
episode, or portion thereof, shall be the not required by this subpart and an
level for all emission episodes, or por- owner or operator elects to establish a
tions thereof, in the batch cycle, that parameter monitoring level for a con-
are selected to be controlled). trol, recovery, or recapture device

(D) Alternatively, an average mon- under this paragraph (d), the deter-
itored parameter value shall be cal- mination of the parameter monitoring
372
level shall be based exclusively on en- data measurements made during the
gineering assessments and/or manufac- hour.
turer’s recommendations. (v) The periods listed in paragraphs
(e) [Reserved] (f)(1)(v)(A) and (B) of this section are
(f) Parameter monitoring excursion defi- not considered to be part of the period
nitions. (1) With respect to storage ves- of control or recovery device operation,
sels (where the applicable monitoring for the purposes of paragraphs (f)(1)(ii)
plan specifies continuous monitoring), and (iii) of this section.
continuous process vents, aggregate (A) Monitoring system breakdowns,
batch vent streams, and process waste- repairs, calibration checks, and zero
water streams, an excursion means any (low-level) and high-level adjustments;
of the three cases listed in paragraphs or
(f)(1)(i) through (f)(1)(iii) of this sec- (B) Periods of non-operation of the
tion. For a control or recovery device affected source (or portion thereof), re-
where multiple parameters are mon- sulting in cessation of the emissions to
itored, if one or more of the parameters which the monitoring applies.
meets the excursion criteria in para- (2) With respect to batch process
graphs (f)(1)(i) through (f)(1)(iii) of this vents, an excursion means one of the
section, this is considered a single ex- two cases listed in paragraphs (f)(2)(i)
cursion for the control or recovery de- and (f)(2)(ii) of this section. For a con-
vice. For each excursion, the owner or trol device where multiple parameters
operator shall be deemed out of compli- are monitored, if one or more of the pa-
ance with the provisions of this sub- rameters meets the excursion criteria
part. in either paragraph (f)(2)(i) or (f)(2)(ii)
(i) When the daily average value of of this section, this is considered a sin-
one or more monitored parameters is gle excursion for the control device.
above the maximum level or below the For each excursion, the owner or oper-
minimum level established for the ator shall be deemed out of compliance
given parameters. with the provisions of this subpart.
(ii) When the period of control or re- (i) When the batch cycle daily aver-
covery device operation, with the ex- age value of one or more monitored pa-
ception noted in paragraph (f)(1)(v) of rameters is above the maximum or
this section, is 4 hours or greater in an below the minimum established level
operating day, and monitoring data are for the given parameters.
insufficient, as defined in paragraph (ii) When monitoring data are insuffi-
(f)(1)(iv) of this section, to constitute a cient for an operating day. Monitoring
valid hour of data for at least 75 per- data shall be considered insufficient
cent of the operating hours. when measured values are not avail-
(iii) When the period of control or re- able for at least 75 percent of the 15-
covery device operation, with the ex- minute periods when batch emission
ception noted in paragraph (f)(1)(v) of episodes selected to be controlled are
this section, is less than 4 hours in an being vented to the control device dur-
operating day and more than two of ing the operating day, using the proce-
the hours during the period of oper- dures specified in paragraphs
ation do not constitute a valid hour of (f)(2)(ii)(A) through (f)(2)(ii)(D) of this
data due to insufficient monitoring section.
data, as defined in paragraph (f)(1)(iv) (A) Determine the total amount of
of this section. time during the operating day when
(iv) Monitoring data are insufficient batch emission episodes selected to be
to constitute a valid hour of data, as controlled are being vented to the con-
used in paragraphs (f)(1)(ii) and trol device.
(f)(1)(iii) of this section, if measured (B) Subtract the time during the pe-
values are unavailable for any of the riods of monitoring system break-
15-minute periods within the hour. For downs, repairs, calibration checks, and
data compression systems approved zero (low-level) and high-level adjust-
under § 63.1335(g)(3), monitoring data ments from the total amount of time
are insufficient to calculate a valid determined in paragraph (f)(2)(ii)(A) of
hour of data if there are less than four this section, to obtain the operating
373
§ 63.1334 40 CFR Ch. I (7–1–16 Edition)
time used to determine if monitoring able carbon canister before expiration

data are insufficient. of its rated service life), the moni-
(C) Determine the total number of 15- toring plan shall define an excursion in
minute periods in the operating time terms of the relevant operating re-
used to determine if monitoring data quirement.
are insufficient, as was determined in (4) With respect to continuous proc-
accordance with paragraph (f)(2)(ii)(B) ess vents complying with the mass
of this section. emissions per mass product require-
(D) If measured values are not avail- ments specified in § 63.1316(b)(1)(i)(A),
able for at least 75 percent of the total (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1)(i),
number of 15-minute periods deter- an excursion has occurred when the
mined in paragraph (f)(2)(ii)(C) of this mass emission rate calculated as speci-
section, the monitoring data are insuf- fied in § 63.1318(c) exceeds the appro-
ficient for the operating day. priate mass emissions per mass product
(3) For storage vessels where the ap- requirement. For each excursion, the
plicable monitoring plan does not owner or operator shall be deemed out
specify continuous monitoring, an ex- of compliance with the provisions of
cursion is defined in paragraph (f)(3)(i) this subpart.
or (ii) of this section, as applicable. For (5) With respect to continuous proc-
a control or recovery device where ess vents complying with the tempera-
multiple parameters are monitored, if ture limits for final condensers speci-
one or more of the parameters meets fied in § 63.1316(b)(1)(i)(B) or (c)(1)(ii),
the excursion criteria, this is consid- an excursion has occurred when the
ered a single excursion for the control daily average exit temperature exceeds
or recovery device. For each excursion, the appropriate condenser temperature
the owner or operator shall be deemed limit. For each excursion, the owner or
out of compliance with the provisions operator shall be deemed out of compli-
of this subpart.
ance with the provisions of this sub-
(i) If the monitoring plan specifies
part. The periods listed in paragraphs
monitoring a parameter and recording
(f)(5)(i) and (ii) of this section are not
its value at specific intervals (such as
considered to be part of the period of
every 15 minutes or every hour), either
operation for the condenser for pur-
of the cases listed in paragraph
poses of determining the daily average
(f)(3)(i)(A) or (f)(3)(i)(B) of this section
exit temperature.
is considered a single excursion for the
control device. For each excursion, the (i) Monitoring system breakdowns,
owner or operator shall be deemed out repairs, calibration checks, and zero
of compliance with the provisions of (low-level) and high-level adjustments;
this subpart. or
(A) When the average value of one or (ii) Periods of non-operation of the
more parameters, averaged over the affected source (or portion thereof), re-
duration of the filling period for the sulting in cessation of the emissions to
storage vessel, is above the maximum which the monitoring applies.
level or below the minimum level es- (6) With respect to new affected
tablished for the given parameters. sources producing SAN using a batch
(B) When monitoring data are insuffi- process, an excursion has occurred
cient. Monitoring data shall be consid- when the percent reduction calculated
ered insufficient when measured values using the procedures specified in
are not available for at least 75 percent § 63.1333(c) is less than 84 percent. For
of the specific intervals at which pa- each excursion, the owner or operator
rameters are to be monitored and re- shall be deemed out of compliance with
corded, according to the storage ves- the provisions of this subpart. The pe-
sel’s monitoring plan, during the filling riods listed in paragraphs (f)(6)(i) and
period for the storage vessel. (ii) of this section are not considered to
(ii) If the monitoring plan does not be part of the period of control or re-
specify monitoring a parameter and recovery device operation for purposes of
cording its value at specific intervals determining the percent reduction.

(for example, if the relevant operating (i) Monitoring system breakdowns,
requirement is to exchange a dispos- repairs, calibration checks, and zero
374
(low-level) and high-level adjustments; (b) Requirements of subpart A of this

or part. The owner or operator of an af-
(ii) Periods of non-operation of the fected source shall comply with the ap-
affected source (or portion thereof), re- plicable recordkeeping and reporting
sulting in cessation of the emissions to requirements in subpart A of this part
which the monitoring applies. as specified in Table 1 of this subpart.
(7) With respect to continuous proc- These requirements include, but are
ess vents complying with the mass not limited to, the requirements speci-
emissions per mass product require- fied in paragraphs (b)(1) and (b)(2) of
ment specified in § 63.1315(b)(2), an ex- this section.
cursion has occurred when the mass (1) Malfunction recordkeeping and re-
emission rate calculated as specified in porting. (i) Records of malfunctions.
§ 63.1333(b) exceeds the mass emissions The owner or operator shall keep the
per mass product requirement specified records specified in paragraphs
in § 63.1315(b)(2). For each excursion, (b)(1)(i)(A) through (C) of this section.
the owner or operator shall be deemed (A) In the event that an affected unit
out of compliance with the provisions fails to meet an applicable standard,
of this subpart. record the number of failures. For each
failure record the date, time, and dura-
[61 FR 48229, Sept. 12, 1996, as amended at 65 tion of each failure.
FR 38128, June 19, 2000; 79 FR 17368, Mar. 27, (B) For each failure to meet an appli-
2014] cable standard, record and retain a list
of the affected sources or equipment,
§ 63.1335 General recordkeeping and
reporting provisions. an estimate of the quantity of each
regulated pollutant emitted over any
(a) Data retention. Unless otherwise emission limit, and a description of the
specified in this subpart, the owner or method used to estimate the emissions.
operator of an affected source shall (C) Record actions taken to minimize
keep copies of all applicable records emissions in accordance with
and reports required by this subpart for § 63.1310(j)(4), and any corrective ac-
at least 5 years, as specified in para- tions taken to return the affected unit
graph (a)(1) of this section, with the ex- to its normal or usual manner of oper-
ception listed in paragraph (a)(2) of ation.
this section. (ii) Reports of malfunctions. If a source
(1) All applicable records shall be fails to meet an applicable standard,
maintained in such a manner that they report such events in the Periodic Re-
can be readily accessed. The most report. Report the number of failures to
cent 6 months of records shall be re- meet an applicable standard. For each
tained on site or shall be accessible instance, report the date, time, and du-
from a central location by computer or ration of each failure. For each failure
other means that provides access with- the report must include a list of the af-
in 2 hours after a request. The remain- fected sources or equipment, an esti-
ing 4 and one-half years of records may mate of the quantity of each regulated
be retained offsite. Records may be pollutant emitted over any emission
maintained in hard copy or computer- limit, and a description of the method
readable form including, but not lim- used to estimate the emissions.
ited to, on paper, microfilm, computer, (2) Application for approval of con-
floppy disk, magnetic tape, or micro- struction or reconstruction. For new af-
fiche. fected sources, each owner or operator
(2) If an owner or operator submits shall comply with the provisions in
copies of reports to the appropriate § 63.5 regarding construction and recon-
EPA Regional Office, the owner or op- struction, excluding the provisions
erator is not required to maintain cop- specified in § 63.5(d)(1)(ii)(H), (d)(1)(iii),
ies of reports. If the EPA Regional Of- (d)(2), and (d)(3)(ii).
fice has waived the requirement of (c) [Reserved]
§ 63.10(a)(4)(ii) for submittal of copies of (d) Recordkeeping and documentation.
reports, the owner or operator is not Owners or operators required to keep

required to maintain copies of those re- continuous records shall keep records
ports. as specified in paragraphs (d)(1)
375
§ 63.1335 40 CFR Ch. I (7–1–16 Edition)
through (10) of this section, unless an uous, or the number of hours of oper-
alternative recordkeeping system has ation per operating day if operation is
been requested and approved as speci- not continuous.
fied in paragraph (g) of this section, (ii) The operating day shall be the pe-
and except as provided in paragraph (h) riod the owner or operator specifies in
of this section. If a monitoring plan for the operating permit or the Notifica-
storage vessels pursuant to tion of Compliance Status for purposes
§ 63.1314(a)(9) requires continuous of determining daily average values or
records, the monitoring plan shall batch cycle daily average values of
specify which provisions, if any, of monitored parameters.
paragraphs (d)(1) through (10) of this (4)–(5) [Reserved]
section apply. As described in
(6) Records required when all recorded
§ 63.1314(a)(9), certain storage vessels
are not required to keep continuous values are within the established limits. If
records as specified in this paragraph. all recorded values for a monitored pa-
Owners and operators of such storage rameter during an operating day are
vessels shall keep records as specified above the minimum level or below the
in the monitoring plan required by maximum level established in the Noti-
§ 63.1314(a)(9). Paragraphs (d)(8) and fication of Compliance Status or oper-
(d)(9) of this section specify docu- ating permit, the owner or operator
mentation requirements. may record that all values were above
(1) The monitoring system shall the minimum level or below the max-
measure data values at least once imum level rather than calculating and
every 15 minutes. recording a daily average (or batch
(2) The owner or operator shall cycle daily average) for that operating
record either each measured data value day.
or block average values for 1 hour or (7) Monitoring data recorded during
shorter periods calculated from all periods identified in paragraphs
measured data values during each pe- (d)(7)(i) and (ii) of this section shall not
riod. If values are measured more fre- be included in any average computed
quently than once per minute, a single under this subpart. Records shall be
value for each minute may be used to kept of the times and durations of all
calculate the hourly (or shorter period) such periods and any other periods dur-
block average instead of all measured ing process or control device or recov-
values. Owners or operators of batch ery device operation when monitors are
process vents shall record each meas- not operating.
ured data value. (i) Monitoring system breakdowns,
(3) Daily average (or batch cycle repairs, calibration checks, and zero
daily average) values of each continu- (low-level) and high-level adjustments;
ously monitored parameter shall be or
calculated for each operating day as
(ii) Periods of non-operation of the
specified in paragraphs (d)(3)(i) through
affected source (or portion thereof), re-
(d)(3)(ii) of this section, except as spec-
sulting in cessation of the emissions to
ified in paragraphs (d)(6) and (d)(7) of
which the monitoring applies.
this section.
(i) The daily average value or batch (8) For continuous monitoring sys-
cycle daily average shall be calculated tems used to comply with this subpart,
as the average of all parameter values records documenting the completion of
recorded during the operating day, ex- calibration checks, and records docu-
cept as specified in paragraph (d)(7) of menting the maintenance of contin-
this section. For batch process vents, uous monitoring systems that are spec-
as specified in § 63.1326(e)(2)(i), only pa- ified in the manufacturer’s instruc-
rameter values measured during those tions or that are specified in other
batch emission episodes, or portions written procedures that provide ade-
thereof, in the batch cycle that the quate assurance that the equipment
owner or operator has chosen to con- would reasonably be expected to mon-
trol shall be used to calculate the aver- itor accurately.

age. The calculated average shall cover (9) The owner or operator of an af-
a 24-hour period if operation is contin- fected source granted a waiver under
376
§ 63.10(f) shall maintain the informa- of this section, as applicable. All re-
tion, if any, specified by the Adminis- ports required by this subpart, and the
trator as a condition of the waiver of schedule for their submittal, are listed
recordkeeping or reporting require- in Table 9 of this subpart.
ments. (1) Owners and operators shall not be
(10) For pressure relief devices in or- in violation of the reporting require-
ganic HAP service, keep records of the ments of this subpart for failing to sub-
information specified in paragraphs mit information required to be in-
(d)(10)(i) through (v) of this section, as cluded in a specified report if the owner
applicable. or operator meets the requirements in
(i) A list of identification numbers paragraphs (e)(1)(i) through (e)(1)(iii) of
for pressure relief devices that the this section. Examples of cir-
owner or operator elects to equip with cumstances where this paragraph may
a closed-vent system and control de- apply include information related to
vice, subject to the provisions in newly-added equipment or emission
§ 63.1331(a)(9)(iv). points, changes in the process, changes
(ii) A list of identification numbers in equipment required or utilized for
for pressure relief devices subject to compliance with the requirements of
the provisions in § 63.1331(a)(9)(i). this subpart, or changes in methods or
(iii) A list of identification numbers equipment for monitoring, record-
for pressure relief devices equipped keeping, or reporting.
with rupture disks, subject to the pro- (i) The information was not known in
visions in § 63.1331(a)(9)(ii)(B). time for inclusion in the report speci-
(iv) The dates and results of the fied by this subpart;
Method 21 of 40 CFR part 60, appendix
(ii) The owner or operator has been
A, monitoring following a pressure re-
diligent in obtaining the information;
lease for each pressure relief device
and
subject to the provisions in
§ 63.1331(a)(9)(i) and (ii). The results (iii) The owner or operator submits a
shall include: report according to the provisions of
(A) The background level measured paragraphs (e)(1)(iii)(A) through
during each compliance test. (e)(1)(iii)(C) of this section.
(B) The maximum instrument read- (A) If this subpart expressly provides
ing measured at each piece of equip- for supplements to the report in which
ment during each compliance test. the information is required, the owner
(v) For pressure relief devices in or- or operator shall submit the informa-
ganic HAP service subject to tion as a supplement to that report.
§ 63.1331(a)(9)(iii), keep records of each The information shall be submitted no
pressure release to the atmosphere, in- later than 60 days after it is obtained,
cluding the following information: unless otherwise specified in this sub-
(A) The source, nature, and cause of part.
the pressure release. (B) If this subpart does not expressly
(B) The date, time, and duration of provide for supplements, but the owner
the pressure release. or operator must submit a request for
(C) The quantity of total HAP emit- revision of an operating permit pursu-
ted during the pressure release and the ant to part 70 or part 71, due to cir-
calculations used for determining this cumstances to which the information
quantity. pertains, the owner or operator shall
(D) The actions taken to prevent this submit the information with the re-
pressure release. quest for revision to the operating per-
(E) The measures adopted to prevent mit.
future such pressure releases. (C) In any case not addressed by
(e) Reporting and notification. In addi- paragraph (e)(1)(iii)(A) or (e)(1)(iii)(B)
tion to the reports and notifications re- of this paragraph, the owner or oper-
quired by subpart A of this part as ator shall submit the information with
specified in Table 1 of this subpart, the the first Periodic Report, as required
owner or operator of an affected source by this subpart, which has a submis-

shall prepare and submit the reports sion deadline at least 60 days after the
listed in paragraphs (e)(3) through (9) information is obtained.
377
§ 63.1335 40 CFR Ch. I (7–1–16 Edition)
(2) All reports required under this quest approval to use engineering as-
subpart shall be sent to the Adminis- sessment to estimate emissions from a
trator at the appropriate address listed batch emissions episode, as described
in § 63.13. If acceptable to both the Ad- in § 63.1323(b)(6)(i)(C); or to request to
ministrator and the owner or operator establish parameter monitoring levels
of an affected source, reports may be according to the procedures contained
submitted on electronic media. in § 63.1334(c) or (d), the owner or oper-
(3) Precompliance Report. Owners or ator shall notify the Administrator at
operators of affected sources request- least 90 days before the planned change
ing an extension for compliance; re- is to be implemented; the change shall
questing approval to use alternative be considered approved if the Adminis-
monitoring parameters, alternative trator either approves the change in
continuous monitoring and record- writing, or fails to disapprove the
keeping or alternative controls; re- change in writing within 45 days of re-
questing approval to use engineering ceipt.
assessment to estimate emissions from (ii) A request for an extension for
a batch emissions episode, as described compliance, as specified in § 63.1311(e),
in § 63.1323(b)(6)(i)(C); or wishing to es- may be submitted in the
tablish parameter monitoring levels Precompliance Report. The request for
according to the procedures contained a compliance extension shall include
in § 63.1334(c) or (d), shall submit a the data outlined in § 63.6(i)(6)(i)(A),
Precompliance Report according to the (B), and (D), as required in
schedule described in paragraph § 63.1311(e)(1).
(e)(3)(i) of this section. The (iii) The alternative monitoring pa-
Precompliance Report shall contain rameter information required in para-
the information specified in paragraphs graph (f) of this section shall be sub-
(e)(3)(ii) through (e)(3)(viii) of this sec- mitted in the Precompliance Report if,
tion, as appropriate.
for any emission point, the owner or
(i) Submittal dates. The
operator of an affected source seeks to
Precompliance Report shall be sub-
comply through the use of a control
mitted to the Administrator no later
technique other than those for which
than December 19, 2000. If a
monitoring parameters are specified in
Precompliance Report was submitted
this subpart or in subpart G of this
prior to June 19, 2000 and no changes
part or seeks to comply by monitoring
need to be made to that Precompliance
a different parameter than those speci-
Report, the owner or operator shall re-
fied in this subpart or in subpart G of
submit the earlier report or submit no-
tification that the previously sub- this part.
mitted report is still valid. Unless the (iv) If the affected source seeks to
Administrator objects to a request sub- comply using alternative continuous
mitted in the Precompliance Report monitoring and recordkeeping as speci-
within 45 days after its receipt, the re- fied in paragraph (g) of this section,
quest shall be deemed approved. For the owner or operator shall submit a
new affected sources, the request for approval in the
Precompliance Report shall be sub- Precompliance Report.
mitted to the Administrator with the (v) The owner or operator shall re-
application for approval of construc- port the intent to use alternative emis-
tion or reconstruction required in para- sion standards to comply with the pro-
graph (b)(2) of this section. Supple- visions of this subpart in the
ments to the Precompliance Report Precompliance Report. The Adminis-
may be submitted as specified in para- trator may deem alternative emission
graph (e)(3)(ix) of this section. To sub- standards to be equivalent to the
mit a Precompliance Report for the standard required by the subpart,
first time after the compliance date to under the procedures outlined in
request an extension for compliance; § 63.6(g).
request approval to use alternative (vi) If a request for approval to use
monitoring parameters, alternative engineering assessment to estimate

continuous monitoring and record- emissions from a batch emissions epi-
keeping or alternative controls; re- sode, as described in § 63.1323(b)(6)(i)(C)
378
is being made, the information re- mation specified in paragraph (e)(4)(ii)

quired by § 63.1323(b)(6)(iii)(B) shall be of this section, unless the information
submitted in the Precompliance Re- required in paragraph (e)(4)(ii) of this
port. section is submitted with an operating
(vii) If an owner or operator estab- permit application. An owner or oper-
lishes parameter monitoring levels ac- ator of an affected source who submits
cording to the procedures contained in an operating permit application in-
§ 63.1334(c) or (d), the following infor- stead of an Emissions Averaging Plan
mation shall be submitted in the shall submit the information specified
Precompliance Report: in paragraph (e)(8) of this section. In
(A) Identification of which proce- addition, a supplement to the Emis-
dures (i.e., § 63.1334(c) or (d)) are to be sions Averaging Plan, as required
used; and under paragraph (e)(4)(iii) of this sec-
(B) A description of how the param- tion, is to be submitted whenever addi-
eter monitoring level is to be estab- tional alternative controls or operating
lished. If the procedures in § 63.1334(c) scenarios may be used to comply with
are to be used, a description of how this subpart. Updates to the Emissions
performance test data will be used Averaging Plan shall be submitted in
shall be included. accordance with paragraph (e)(4)(iv) of
(viii) [Reserved] this section.
(ix) Supplements to the (i) Submittal and approval. The Emis-
Precompliance Report may be sub- sions Averaging Plan shall be sub-
mitted as specified in paragraphs mitted no later than September 19,
(e)(3)(ix)(A) or (e)(3)(ix)(B) of this sec- 2000, and it is subject to Administrator
tion. Unless the Administrator objects approval. If an Emissions Averaging
to a request submitted in a supplement Plan was submitted prior to June 19,
to the Precompliance Report within 45 2000 and no changes need to be made to
days after its receipt, the request shall that Emissions Averaging Plan, the
be deemed approved. owner or operator shall re-submit the
(A) Supplements to the earlier plan or submit notification that
Precompliance Report may be sub- the previously submitted plan is still
mitted to clarify or modify informa- valid. The Administrator shall deter-
tion previously submitted. mine within 120 days whether the
(B) Supplements to the Emissions Averaging Plan submitted
Precompliance Report may be sub- presents sufficient information. The
mitted to request approval to use alter- Administrator shall either approve the
native monitoring parameters, as spec- Emissions Averaging Plan, request
ified in paragraph (e)(3)(iii) of this sec- changes, or request that the owner or
tion; to use alternative continuous operator submit additional informa-
monitoring and recordkeeping, as spection. Once the Administrator receives
ified in paragraph (e)(3)(iv) of this sec- sufficient information, the Adminis-
tion; to use alternative controls, as trator shall approve, disapprove, or re-
specified in paragraph (e)(3)(v) of this quest changes to the plan within 120
section; to use engineering assessment days.
to estimate emissions from a batch (ii) Information required. The Emis-
emissions episode, as specified in para- sions Averaging Plan shall contain the
graph (e)(3)(vi) of this section; or to es- information listed in paragraphs
tablish parameter monitoring levels (e)(4)(ii)(A) through (e)(4)(ii)(N) of this
according to the procedures contained section for all emission points included
in § 63.1334(c) or (d), as specified in in an emissions average.
paragraph (e)(3)(vii) of this section. (A) The required information shall
(4) Emissions Averaging Plan. For all include the identification of all emis-
existing affected sources using emission points in the planned emissions
sions averaging, an Emissions Aver- average and, where applicable, nota-
aging Plan shall be submitted for ap- tion of whether each storage vessel,
proval according to the schedule and continuous process vent, batch process
procedures described in paragraph vent, aggregate batch vent stream, and

(e)(4)(i) of this section. The Emissions process wastewater stream is a Group 1
Averaging Plan shall contain the infor- or Group 2 emission point, as defined in
379
§ 63.1335 40 CFR Ch. I (7–1–16 Edition)
§ 63.1312 or as designated under § 63.1332 § 63.1332(g) and (h). These parameter

(c)(3) through (c)(5). values shall be specified in the affected
(B) The required information shall source’s Emissions Averaging Plan (or
include the projected emission debits operating permit) as enforceable oper-
and credits for each emission point and ating conditions. Changes to these pa-
the sum for the emission points in- rameters shall be reported as required
volved in the average calculated ac- by paragraph (e)(4)(iv) of this section.
cording to § 63.1332. The projected cred- (3) The required documentation shall
its shall be greater than or equal to the include the estimated percent reduc-
projected debits, as required under tion if a control technology achieving a
§ 63.1332(e)(3). lower percent reduction than the effi-
(C) The required information shall ciency of the applicable reference con-
include the specific control technology trol technology or standard is or will
or pollution prevention measure that be applied to the emission point.
will be used for each emission point in- (4) The required documentation shall
cluded in the average and date of appli- include the anticipated nominal effi-
cation or expected date of application. ciency if a control technology achiev-
(D) The required information shall ing a greater percent emission reduc-
include the specific identification of tion than the efficiency of the ref-
each emission point affected by a pol- erence control technology is or will be
lution prevention measure. To be con- applied to the emission point. The pro-
sidered a pollution prevention measure, cedures in § 63.1332(i) shall be followed
the criteria in § 63.1332(j)(1) shall be to apply for a nominal efficiency, and
met. If the same pollution prevention the report specified in paragraph
measure reduces or eliminates emis- (e)(7)(ii) of this section shall be sub-
sions from multiple emission points in mitted with the Emissions Averaging
the average, the owner or operator Plan as specified in paragraph
shall identify each of these emission
(e)(7)(ii)(A) of this section.
points.
(5) The required documentation shall
(E) The required information shall
include the monitoring plan specified
include a statement that the compli-
ance demonstration, monitoring, in- in § 63.122(b), to include the information
spection, recordkeeping, and reporting specified in § 63.120(d)(2)(i) and in either
provisions in § 63.1332 (m), (n), and (o) § 63.120(d)(2)(ii) or (d)(2)(iii) for each
that are applicable to each emission storage vessel controlled with a closed-
point in the emissions average will be vent system using a control device
implemented beginning on or before other than a flare.
the date of compliance. (G) The information specified in
(F) The required information shall paragraph (f) of this section shall be in-
include documentation of the data list- cluded in the Emissions Averaging
ed in paragraphs (e)(4)(ii)(F)(1) through Plan for:
(e)(4)(ii)(F)(5) of this section for each (1) Each continuous process vent sub-
storage vessel and continuous process ject to § 63.1315 controlled by a pollu-
vent subject to § 63.1315 included in the tion prevention measure or control
average. technique for which monitoring param-
(1) The required documentation shall eters or inspection procedures are not
include the values of the parameters specified in § 63.114; and
used to determine whether the emis- (2) Each storage vessel controlled by
sion point is Group 1 or Group 2. Where pollution prevention or a control tech-
TRE index value is used for continuous nique other than an internal or exter-
process vent group determination, the nal floating roof or a closed vent sys-
estimated or measured values of the tem with a control device.
parameters used in the TRE equation (H) The required information shall
in § 63.115(d) and the resulting TRE include documentation of the data list-
index value shall be submitted. ed in paragraphs (e)(4)(ii)(H)(1) through
(2) The required documentation shall (e)(4)(ii)(H)(5) of this section for each
include the estimated values of all pa- collection of continuous process vents
rameters needed for input to the emis- located in a process section within the
sion debit and credit calculations in affected source subject to § 63.1316
380
(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (b)(2)(ii), or (c)(1) and for which no

(c)(1) included in the average. monitoring parameters or inspection
(1) For continuous process vents sub- procedures are specified in § 63.114, the
ject to § 63.1316(b)(1)(i), the required information specified in paragraph (f)
documentation shall include the values of this section, Alternative Monitoring
of the parameters used to determine Parameters, shall be included in the
whether the emission point is Group 1 Emissions Averaging Plan.
or Group 2. Continuous process vents (J) The required information shall in-
subject to § 63.1316 (b)(1)(ii), (b)(2)(i), clude documentation of the data listed
(b)(2)(ii), or (c)(1) are considered Group in paragraphs (e)(4)(ii)(J)(1) through
1 emission points for purposes of emis-
(e)(4)(ii)(J)(3) of this section for each
sions averaging, as specified in
batch process vent and aggregate batch
§ 63.1332(c)(5).
(2) The required documentation shall vent stream included in the average.
include the estimated values of all pa- (1) The required documentation shall
rameters needed for input to the emis- include the values of the parameters
sion debit and credit calculations in used to determine whether the emis-
§ 63.1332(g) and (h). These parameter sion point is Group 1 or Group 2.
values shall be specified in the affected (2) The required documentation shall
source’s Emissions Averaging Plan (or include the estimated values of all pa-
operating permit) as enforceable oper- rameters needed for input to the emis-
ating conditions. Changes to these pa- sion debit and credit calculations in
rameters shall be reported as required § 63.1332(g) and (h). These parameter
by paragraph (e)(4)(iv) of this section. values shall be specified in the affected
(3) For process sections generating source’s Emissions Averaging Plan (or
debits or credits by comparing actual operating permit) as enforceable oper-
emissions expressed as kg HAP emis- ating conditions. Changes to these pa-
sions per Mg of product to the applica- rameters shall be reported as required
ble standard, the required documenta- by paragraph (e)(4)(iv) of this section.
tion shall include the actual emission (3) For batch process vents, the re-
level expressed as kg HAP emissions
quired documentation shall include the
per Mg of product.
estimated percent reduction for the
(4) For process sections using com-
bustion control devices, the required batch cycle. For aggregate batch vent
documentation shall include the esti- streams, the required documentation
mated percent reduction if a control shall include the estimated percent re-
technology achieving a lower percent duction achieved on a continuous basis.
reduction than the efficiency of the ap- (K) For each pollution prevention
plicable reference control technology measure or control device used to re-
or standard is or will be applied to the duce air emissions of organic HAP from
emission point. batch process vents or aggregate batch
(5) For process sections using com- vent streams and for which no moni-
bustion control devices, the required toring parameters or inspection proce-
documentation shall include the an- dures are specified in § 63.1324, the in-
ticipated nominal efficiency if a con- formation specified in paragraph (f) of
trol technology achieving a greater this section, Alternative Monitoring
percent emission reduction than the ef- Parameters, shall be included in the
ficiency of the reference control tech- Emissions Averaging Plan.
nology is or will be applied to the emis- (L) The required information shall
sion point. The procedures in § 63.1332(i) include documentation of the data list-
shall be followed to apply for a nominal ed in paragraphs (e)(4)(ii)(L)(1) through
efficiency. (e)(4)(ii)(L)(4) of this section for each
(I) For each pollution prevention
process wastewater stream included in
measure or control device used to re-
the average.
duce air emissions of organic HAP from
each collection of continuous process (1) The required documentation shall
vents located in a process section with- include the data used to determine
in the affected source subject to whether the wastewater stream is a
§ 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), Group 1 or Group 2 wastewater stream.
381
§ 63.1335 40 CFR Ch. I (7–1–16 Edition)
(2) The required documentation shall (N) The required information shall
include the estimated values of all pa- include documentation of the data re-
rameters needed for input to the waste- quired by § 63.1332(k). The documenta-
water emission credit and debit cal- tion shall demonstrate that the emis-
culations in § 63.1332(g) and (h). These sions from the emission points pro-
parameter values shall be specified in posed to be included in the average will
the affected source’s Emissions Aver- not result in greater hazard or, at the
aging Plan (or operating permit) as en- option of the Administrator, greater
forceable operating conditions. risk to human health or the environ-
Changes to these parameters shall be ment than if the emission points were
reported as required by paragraph not included in an emissions average.
(e)(4)(iv) of this section. (iii) Supplement to Emissions Averaging
(3) The required documentation shall Plan. The owner or operator required
include the estimated percent reduc- to prepare an Emissions Averaging
tion if: Plan under paragraph (e)(4) of this sec-
(i) A control technology that tion shall also prepare a supplement to
achieves an emission reduction less the Emissions Averaging Plan for any
than or equal to the emission reduction additional alternative controls or oper-
that would otherwise have been ating scenarios that may be used to
achieved by a steam stripper designed achieve compliance.
to the specifications found in § 63.138(g) (iv) Updates to Emissions Averaging
is or will be applied to the wastewater Plan. The owner or operator of an af-
stream; fected source required to submit an
(ii) A control technology achieving Emissions Averaging Plan under para-
less than or equal to 95 percent emis- graph (e)(4) of this section shall also
sion reduction is or will be applied to submit written updates of the Emis-
the vapor stream(s) vented and col- sions Averaging Plan to the Adminis-
lected from the treatment processes; or trator for approval under the cir-
(iii) A pollution prevention measure cumstances described in paragraphs
is or will be applied. (e)(4)(iv)(A) through (e)(4)(iv)(C) of this
(4) The required documentation shall section unless the relevant information
include the anticipated nominal effi- has been included and submitted in an
ciency if the owner or operator plans to operating permit application or amend-
apply for a nominal efficiency under ment.
§ 63.1332(i). A nominal efficiency shall (A) The owner or operator who plans
be applied for if: to make a change listed in either para-
(i) A control technology that graph (e)(4)(iv)(A)(1) or (e)(4)(iv)(A)(2)
achieves an emission reduction greater of this section shall submit an Emis-
than the emission reduction that would sions Averaging Plan update at least
have been achieved by a steam stripper 120 days prior to making the change.
designed to the specifications found in (1) An Emissions Averaging Plan up-
§ 63.138(g), is or will be applied to the date shall be submitted whenever an
wastewater stream; or owner or operator elects to achieve
(ii) A control technology achieving compliance with the emissions aver-
greater than 95 percent emission reduc- aging provisions in § 63.1332 by using a
tion is or will be applied to the vapor control technique other than that spec-
stream(s) vented and collected from ified in the Emissions Averaging Plan
the treatment processes. or plans to monitor a different param-
(M) For each pollution prevention eter or operate a control device in a
measure, treatment process, or control manner other than that specified in the
device used to reduce air emissions of Emissions Averaging Plan.
organic HAP from wastewater and for (2) An Emissions Averaging Plan up-
which no monitoring parameters or in- date shall be submitted whenever an
spection procedures are specified in emission point or a TPPU is added to
§ 63.143, the information specified in an existing affected source and is
paragraph (f) of this section, Alter- planned to be included in an emissions
native Monitoring Parameters, shall be average, or whenever an emission point

included in the Emissions Averaging not included in the emissions average
Plan. described in the Emissions Averaging
382
Plan is to be added to an emissions av- subpart. For pressure relief devices

erage. The information in paragraph subject to the requirements of
(e)(4) of this section shall be updated to § 63.1331(a)(9)(iii), the owner or operator
include the additional emission point. shall submit the information listed in
(B) The owner or operator who has paragraph (e)(5)(xii) of this section in
made a change as defined in paragraph the Notification of Compliance Status
(e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this within 150 days after the first applica-
section shall submit an Emissions ble compliance date for pressure relief
Averaging Plan update within 90 days device monitoring.
after the information regarding the (i) The results of any emission point
change is known to the affected source. group determinations, process section
The update may be submitted in the applicability determinations, perform-
next quarterly periodic report if the ance tests, inspections, any other in-
change is made after the date the Noti- formation used to demonstrate compli-
fication of Compliance Status is due. ance, values of monitored parameters
(1) An Emissions Averaging Plan up- established during performance tests,
date shall be submitted whenever a and any other information required to
process change is made such that the be included in the Notification of Com-
group status of any emission point in pliance Status under §§ 63.1311(m),
an emissions average changes. 63.122, and 63.1314 for storage vessels,
(2) An Emissions Averaging Plan up- § 63.117 for continuous process vents,
date shall be submitted whenever a § 63.146 for process wastewater, §§ 63.1316
value of a parameter in the emission
through 63.1320 for continuous process
credit or debit equations in § 63.1332 (g)
vents subject to § 63.1316, § 63.1327 for
or (h) changes such that it is below the
batch process vents, § 63.1329 for process
minimum or above the maximum es-
contact cooling towers, and § 63.1332 for
tablished level specified in the Emis-
emission points included in an emis-
sions Averaging Plan and causes a de-
sions average. In addition, the owner or
crease in the projected credits or an in-
operator of an affected source shall
crease in the projected debits.
comply with paragraphs (e)(5)(i)(A) and
(C) The Administrator shall approve
(e)(5)(i)(B) of this section.
or request changes to the Emissions
Averaging Plan update within 120 days (A) For performance tests, group de-
of receipt of sufficient information re- terminations, and process section ap-
garding the change for emission points plicability determinations that are
included in emissions averages. based on measurements, the Notifica-
(5) Notification of Compliance Status. tion of Compliance Status shall include
For existing and new affected sources, one complete test report, as described
a Notification of Compliance Status in paragraph (e)(5)(i)(B) of this section,
shall be submitted. For equipment for each test method used for a par-
leaks subject to § 63.1331, the owner or ticular kind of emission point. For ad-
operator shall submit the information ditional tests performed for the same
required in § 63.182(c) in the Notifica- kind of emission point using the same
tion of Compliance Status within 150 method, the results and any other in-
days after the first applicable compli- formation, from the test report, that is
ance date for equipment leaks in the requested on a case-by-case basis by
affected source, and an update shall be the Administrator shall be submitted,
provided in the first Periodic Report but a complete test report is not re-
that is due at least 150 days after each quired.
subsequent applicable compliance date (B) A complete test report shall in-
for equipment leaks in the affected clude a brief process description, sam-
source. For all other emission points, pling site description, description of
including heat exchange systems, the sampling and analysis procedures and
Notification of Compliance Status any modifications to standard proce-
shall contain the information listed in dures, quality assurance procedures,
paragraphs (e)(5)(i) through (e)(5)(xi) of record of operating conditions during
this section, as applicable, and shall be the test, record of preparation of stand-
submitted no later than 150 days after ards, record of calibrations, raw data
the compliance dates specified in this sheets for field sampling, raw data
383
§ 63.1335 40 CFR Ch. I (7–1–16 Edition)
sheets for field and laboratory anal- values or batch cycle daily average val-
yses, documentation of calculations, ues of monitored parameters.
and any other information required by (D) For batch process vents, the re-
the test method. quired information shall include a defi-
(ii) For each monitored parameter nition of each batch cycle that requires
for which a maximum or minimum the control of one or more batch emis-
level is required to be established sion episodes during the cycle, as speci-
under § 63.114(e) for continuous process fied in § 63.1325(c)(2) and
vents, § 63.1324 for batch process vents § 63.1334(b)(3)(iii).
and aggregate batch vent streams, (iii) For emission points included in
§ 63.143(f) for process wastewater, an emissions average, the Notification
§ 63.1332(m) for emission points in emis- of Compliance Status shall contain the
sions averages, paragraph (e)(8) of this values of all parameters needed for
section, or paragraph (f) of this section, input to the emission credit and debit
the Notification of Compliance Status equations in § 63.1332 (g) and (h), cal-
shall contain the information specified culated or measured according to the
in paragraphs (e)(5)(ii)(A) through procedures in § 63.1332 (g) and (h), and
(e)(5)(ii)(D) of this section, unless this the resulting calculation of credits and
information has been established and debits for the first quarter of the year.
provided in the operating permit appli- The first quarter begins on the compli-
cation. Further, as described in ance date specified.
§ 63.1314(a)(9), for those storage vessels (iv) The determination of applica-
for which the monitoring plan required bility for flexible operation units as
by § 63.1314(a)(9) specifies compliance specified in § 63.1310(f).
with the provisions of § 63.1334, the (v) The parameter monitoring levels
owner or operator shall provide the infor flexible operation units, and the
formation specified in paragraphs basis on which these levels were se-
(e)(5)(ii)(A) through (e)(5)(ii)(D) of this lected, or a demonstration that these
section for each monitored parameter, levels are appropriate at all times, as
unless this information has been estab- specified in § 63.1310(f)(7).
lished and provided in the operating (vi) The results for each predominant
permit application. For those storage use determination made under
vessels for which the monitoring plan § 63.1310(g), for storage vessels assigned
required by § 63.1314(a)(9) does not re- to an affected source subject to this
quire compliance with the provisions of subpart.
§ 63.1334, the owner or operator shall (vii) The results for each predomi-
provide the information specified in nant use determination made under
§ 63.120(d)(3) as part of the Notification § 63.1310(h), for recovery operations
of Compliance Status, unless this infor- equipment assigned to an affected
mation has been established and pro- source subject to this subpart.
vided in the operating permit applica- (viii) For owners or operators of
tion. Group 2 batch process vents estab-
(A) The required information shall lishing a batch mass input limitation
include the specific maximum or min- as specified in § 63.1325(g), the affected
imum level of the monitored param- source’s operating year for purposes of
eter(s) for each emission point. determining compliance with the batch
(B) The required information shall mass input limitation.
include the rationale for the specific (ix) If any emission point is subject
maximum or minimum level for each to this subpart and to other standards
parameter for each emission point, in- as specified in § 63.1311, and if the provi-
cluding any data and calculations used sions of § 63.1311 allow the owner or op-
to develop the level and a description erator to choose which testing, moni-
of why the level indicates proper oper- toring, reporting, and recordkeeping
ation of the control device. provisions will be followed, then the
(C) The required information shall Notification of Compliance Status
include a definition of the affected shall indicate which rule’s require-
source’s operating day, as specified in ments will be followed for testing,

paragraph (d)(3)(ii) of this section, for monitoring, reporting, and record-
purposes of determining daily average keeping.
384
(x) An owner or operator who trans- the conditions listed in § 63.182(d), and
fers a Group 1 wastewater stream or re- for heat exchange systems subject to
sidual removed from a Group 1 waste- § 63.1328, the owner or operator shall
water stream for treatment pursuant submit the information specified in
to § 63.132(g) shall include in the Notifi- § 63.104(f)(2) as part of the Periodic Re-
cation of Compliance Status the name port required by this paragraph (e)(6).
and location of the transferee and a de- Section 63.1334 shall govern the use of
scription of the Group 1 wastewater monitoring data to determine compli-
stream or residual sent to the treat- ance for Group 1 emissions points and
ment facility. for Group 1 and Group 2 emission
(xi) An owner or operator complying points included in emissions averages
with paragraph (h)(1) of this section with the following exception: As dis-
shall notify the Administrator of the cussed in § 63.1314(a)(9), for storage ves-
election to comply with paragraph sels to which the provisions of § 63.1334
(h)(1) of this section as part of the No- do not apply, as specified in the moni-
tification of Compliance Status or as toring plan required by § 63.120(d)(2),
part of the appropriate Periodic Report the owner or operator is required to
as specified in paragraph (e)(6)(ix) of comply with the requirements set out
this section. in the monitoring plan, and monitoring
(xii) For pressure relief devices in or- records may be used to determine com-
ganic HAP service, a description of the pliance.
device or monitoring system to be im- (i) Except as specified in paragraphs
plemented, including the pressure re- (e)(6)(xi) and (e)(6)(xii) of this section, a
lief devices and process parameters to report containing the information in
be monitored (if applicable), a descrip- paragraph (e)(6)(ii) of this section or
tion of the alarms or other methods by containing the information in para-
which operators will be notified of a graphs (e)(6)(iii) through (e)(6)(x) of
pressure release, and a description of this section, as appropriate, shall be
how the owner or operator will deter- submitted semiannually no later than
mine the information to be recorded
60 days after the end of each 6-month
under paragraphs (d)(10)(v)(B) and (C)
period. The first report shall be sub-
of this section (i.e., the duration of the
mitted no later than 240 days after the
pressure release and the methodology
date the Notification of Compliance
and calculations for determining of the
Status is due and shall cover the 6-
quantity of total HAP emitted during
month period beginning on the date the
the pressure release). For existing and
Notification of Compliance Status is
new affected sources, the owner or op-
due.
erator shall submit Periodic Reports as
specified in paragraphs (e)(6)(i) through (ii) If none of the compliance excep-
(xiii) of this section. In addition, for tions specified in paragraphs (e)(6)(iii)
equipment leaks subject to § 63.1331, through (e)(6)(ix) of this section oc-
with the exception of § 63.1331(c), the curred during the 6-month period, the
owner or operator shall submit the in- Periodic Report required by paragraph
formation specified in § 63.182(d) under (e)(6)(i) of this section shall be a state-
the conditions listed in § 63.182(d), and ment that there were no compliance
for heat exchange systems subject to exceptions as described in this para-
§ 63.1328, the owner or operator shall graph for the 6-month period covered
submit the information specified in by that report and no activities speci-
§ 63.104(f)(2) as part of the Periodic Re- fied in paragraphs (e)(6)(iii) through
port required by this paragraph (e)(6). (e)(6)(ix) of this section occurred dur-
(6) Periodic Reports. For existing and ing the 6-month period covered by that
new affected sources, the owner or op- report.
erator shall submit Periodic Reports as (iii) For an owner or operator of an
specified in paragraphs (e)(6)(i) through affected source complying with the
(xiii) of this section. In addition, for provisions of §§ 63.1314 through 63.1330
equipment leaks subject to § 63.1331, for any emission point or process sec-
with the exception of § 63.1331(c), the tion, Periodic Reports shall include:
owner or operator shall submit the in- (A) All information specified in
formation specified in § 63.182(d) under § 63.122 for storage vessels; §§ 63.117 and
385
§ 63.1335 40 CFR Ch. I (7–1–16 Edition)
63.118 and § 63.1320 for continuous proc- (iv) For each batch process vent with
ess vents, as applicable; § 63.1327 for a batch mass input limitation, every
batch process vents and aggregate second Periodic Report shall include
batch vent streams; § 63.104 for heat ex- the mass of HAP or material input to
change systems; and § 63.146 for process the batch unit operation during the 12-
wastewater; month period covered by the preceding
(B) The daily average values or batch and current Periodic Reports, and a
cycle daily average values of mon- statement of whether the batch process
itored parameters for unexcused excur- vent was in or out of compliance with
sions, as defined in § 63.1334(f). For ex- the batch mass input limitation.
cursions caused by lack of monitoring (v) If any performance tests are re-
data, the start-time and duration of pe- ported in a Periodic Report, the fol-
riods when monitoring data were not lowing information shall be included:
collected shall be specified. (A) One complete test report shall be
(C) [Reserved] submitted for each test method used
(D) The information in paragraphs for a particular kind of emission point
(e)(6)(iii)(D)(1) through (e)(6)(iii)(D)(4) tested. A complete test report shall
of this section, as applicable: contain the information specified in
(1) Any supplements to the Emissions paragraph (e)(5)(i)(B) of this section.
Averaging Plan, as required in para- (B) For additional tests performed for
graph (e)(4)(iii) of this section; the same kind of emission point using
(2) Notification if a process change is the same method, results and any
made such that the group status of any other information, pertaining to the
emission point changes from Group 2 to performance test, that is requested on
Group 1. The owner or operator is not a case-by-case basis by the Adminis-
required to submit a notification of a trator shall be submitted, but a com-
process change if that process change plete test report is not required.
caused the group status of an emission (vi) Notification of a change in the
point to change from Group 1 to Group primary product of a TPPU, in accord-
2. However, until the owner or operator ance with the provisions in § 63.1310(f).
notifies the Administrator that the This includes a change in primary
group status of an emission point has product from one thermoplastic prod-
changed from Group 1 to Group 2, the uct to either another thermoplastic
owner or operator is required to con- product or to a non-thermoplastic
tinue to comply with the Group 1 re- product.
quirements for that emission point. (vii) The results for each change
This notification may be submitted at made to a predominant use determina-
any time. tion made under § 63.1310(g) for a stor-
(3) Notification if one or more emis- age vessel that is assigned to an af-
sion point(s) (other than equipment fected source subject to this subpart
leaks) or one or more TPPU is added to after the change.
an affected source. The owner or oper- (viii) The Periodic Report shall in-
ator shall submit the information con- clude the results for each change made
tained in paragraphs (e)(6)(iii)(D)(3)(i) to a predominant use determination
through (e)(6)(iii)(D)(3)(ii) of this sec- made under § 63.1310(h) for recovery op-
tion: erations equipment assigned to an af-
(i) A description of the addition to fected source subject to this subpart
the affected source; and after the change.
(ii) Notification of the group status of (ix) An owner or operator complying
the additional emission point or all with paragraph (h)(1) of this section
emission points in the TPPU. shall notify the Administrator of the
(4) For process wastewater streams election to comply with paragraph
sent for treatment pursuant to (h)(1) of this section as part of the Peri-
§ 63.132(g), reports of changes in the odic Report or as part of the Notifica-
identity of the treatment facility or tion of Compliance Status as specified
transferee. in paragraph (e)(5)(xi) of this section.
(E) The information in paragraph (x) An owner or operator electing not

(b)(1)(ii) of this section for reports of to retain daily average or batch cycle
malfunctions. daily average values under paragraph
386
(h)(2) of this section shall notify the (2) A certification of compliance with
Administrator as specified in para- all the emissions averaging provisions
graph (h)(2)(i) of this section. in § 63.1332.
(xi) The owner or operator of an af- (xii) The owner or operator of an af-
fected source shall submit quarterly re- fected source shall submit quarterly re-
ports for all emission points included ports for particular emission points
in an emissions average as specified in and process sections not included in an
paragraphs (e)(6)(xi)(A) through emissions average as specified in para-
(e)(6)(xi)(C) of this section. graphs (e)(6)(xii)(A) through
(A) The quarterly reports shall be (e)(6)(xii)(D) of this section.
submitted no later than 60 days after (A) The owner or operator of an af-
the end of each quarter. The first re- fected source shall submit quarterly re-
port shall be submitted with the Notifi- ports for a period of 1 year for an emis-
cation of Compliance Status no later sion point or process section that is
than 150 days after the compliance not included in an emissions average if:
date. (1) A control or recovery device for a
(B) The quarterly reports shall in- particular emission point or process
clude the information specified in para- section has one or more excursions, as
graphs (e)(6)(xi)(B)(1) through defined in § 63.1334(f), in two consecu-
(e)(6)(xi)(B)(7) of this section for all tive semiannual reporting periods; or
emission points included in an emis-
(2) The Administrator requests that
sions average.
the owner or operator submit quarterly
(1) The credits and debits calculated
reports for the emission point or proc-
each month during the quarter;
ess section.
(2) A demonstration that debits cal-
(B) The quarterly reports shall in-
culated for the quarter are not more
clude all information specified in para-
than 1.30 times the credits calculated
graphs (e)(6)(iii) through (e)(6)(ix) of
for the quarter, as required under
this section applicable to the emission
§ 63.1332(e)(4);
point or process section for which quar-
(3) The values of any inputs to the
terly reporting is required under para-
debit and credit equations in § 63.1332(g)
graph (e)(6)(xii)(A) of this section. In-
and (h) that change from month to
formation applicable to other emission
month during the quarter or that have
points within the affected source shall
changed since the previous quarter;
be submitted in the semiannual reports
(4) Results of any performance tests
required under paragraph (e)(6)(i) of
conducted during the reporting period
this section.
including one complete report for each
test method used for a particular kind (C) Quarterly reports shall be sub-
of emission point as described in para- mitted no later than 60 days after the
graph (e)(6)(v) of this section; end of each quarter.
(5) Reports of daily average (or batch (D) After quarterly reports have been
cycle daily average) values of mon- submitted for an emission point for 1
itored parameters for excursions as de- year without one or more excursions
fined in § 63.1334(f); occurring (during that year), the owner
(6) For excursions caused by lack of or operator may return to semiannual
monitoring data, the duration of peri- reporting for the emission point or
ods when monitoring data were not col- process section.
lected shall be specified; and (xiii) For pressure relief devices in
(7) Any other information the af- organic HAP service, Periodic Reports
fected source is required to report must include the information specified
under the operating permit or Emis- in paragraphs (e)(6)(xiii)(A) through (C)
sions Averaging Plan for the affected of this section.
source. (A) For pressure relief devices in or-
(C) Every fourth quarterly report ganic HAP service subject to
shall include the following: § 63.1331(a)(9), report confirmation that
(1) A demonstration that annual all monitoring to show compliance was
credits are greater than or equal to an- conducted within the reporting period.
nual debits as required by § 63.1332(e)(3); (B) For pressure relief devices in or-
and ganic HAP gas or vapor service subject
387
§ 63.1335 40 CFR Ch. I (7–1–16 Edition)
to § 63.1331(a)(9)(ii), report any instru- (iv) Owners or operators of TPPU or

ment reading of 500 ppm above back- emission points (other than equipment
ground or greater, more than 5 cal- leak components subject to § 63.1331)
endar days after the pressure release. that are subject to § 63.1310(i)(1) or (i)(2)
(C) For pressure relief devices in or- shall submit a report as specified in
ganic HAP service subject to paragraphs (e)(7)(iv)(A) and (B) of this
§ 63.1331(a)(9)(iii), report each pressure section.
release to the atmosphere, including (A) Reports shall include:
the following information: (1) A description of the process
(1) The source, nature, and cause of change or addition, as appropriate;
the pressure release. (2) The planned start-up date and the
(2) The date, time, and duration of appropriate compliance date, according
the pressure release. to § 63.1310(i)(1) or (2); and
(3) The quantity of total HAP emit- (3) Identification of the group status
ted during the pressure release and the of emission points (except equipment
method used for determining this quan- leak components subject to § 63.1331)
tity. specified in paragraphs
(4) The actions taken to prevent this (e)(7)(iv)(A)(3)(i) through
pressure release. (e)(7)(iv)(A)(3)(iii) of this section, as ap-
(5) The measures adopted to prevent plicable.
future such pressure releases. (i) All the emission points in the
(7) Other reports. Other reports shall added TPPU as described in
be submitted as specified in paragraphs § 63.1310(i)(1).
(e)(7)(i) through (e)(7)(iv) of this sec- (ii) All the emission points in an af-
tion. fected source designated as a new af-
(i) For storage vessels, the notifica- fected source under § 63.1310(i)(2)(i).
tions of inspections required by § 63.1314 (iii) All the added or created emission
shall be submitted as specified in points as described in § 63.1310(i)(2)(ii)
§ 63.122 (h)(1) and (h)(2). or (i)(2)(iii).
(ii) For owners or operators of af- (4) If the owner or operator wishes to
fected sources required to request ap- request approval to use alternative
proval for a nominal control efficiency monitoring parameters, alternative
for use in calculating credits for an continuous monitoring or record-
emissions average, the information keeping, alternative controls, engi-
specified in § 63.1332(i) shall be sub- neering assessment to estimate emis-
mitted as specified in paragraph sions from a batch emissions episode,
(e)(7)(ii)(A) or (B) of this section, as ap- or wishes to establish parameter moni-
propriate. toring levels according to the proce-
(A) If use of a nominal control effi- dures contained in § 63.1334(c) or (d), a
ciency is part of the initial Emissions Precompliance Report shall be sub-
Averaging Plan described in paragraph mitted in accordance with paragraph
(e)(4)(ii) of this section, the informa- (e)(7)(iv)(B) of this section.
tion shall be submitted with the Emis- (B) Reports shall be submitted as
sions Averaging Plan. specified in paragraphs (e)(7)(iv)(B)(1)
(B) If an owner or operator elects to through (e)(7)(iv)(B)(3) of this section,
use a nominal control efficiency after as appropriate.
submittal of the initial Emissions (1) Owners or operators of an added
Averaging Plan as described in para- TPPU subject to § 63.1310(i)(1) shall sub-
graph (e)(4)(ii) of this section, the in- mit a report no later than 180 days
formation shall be submitted at the prior to the compliance date for the
discretion of the owner or operator. TPPU.
(iii) When the conditions of (2) Owners or operators of an affected
§§ 63.1310(f)(3)(iii), 63.1310(f)(9), or source designated as a new affected
63.1310(f)(10)(iii) are met, reports of source under § 63.1310(i)(2)(i) shall sub-
changes to the primary product for a mit a report no later than 180 days
TPPU or process unit as required by prior to the compliance date for the af-
§§ 63.1310(f)(3)(iii), 63.1310(f)(9), or fected source.

63.1310(f)(10)(iii)(C), respectively, shall (3) Owners or operators of any emis-
be submitted. sion point (other than equipment leak
388
components subject to § 63.1331) subject test to the Administrator at the appro-

to § 63.1310(i)(2)(ii) or (i)(2)(iii) shall priate address listed in § 60.4.
submit a report no later than 180 days (f) Alternative monitoring parameters.
prior to the compliance date for those The owner or operator who has been di-
emission points. rected by any section of this subpart or
(8) Operating permit application. An any section of another subpart ref-
owner or operator who submits an op- erenced by this subpart, that expressly
erating permit application instead of referenced this paragraph (f) to set
an Emissions Averaging Plan or a unique monitoring parameters, or who
Precompliance Report shall include the requests approval to monitor a dif-
following information with the oper- ferent parameter than those specified
ating permit application: in § 63.1314 for storage vessels, § 63.1315
(i) The information specified in para- or § 63.1317, as appropriate, for contin-
graph (e)(4) of this section for points uous process vents, § 63.1321 for batch
included in an emissions average; and process vents and aggregate batch vent
(ii) The information specified in streams, or § 63.1330 for process waste-
paragraph (e)(3) of this section, water shall submit the information
Precompliance Report, as applicable. specified in paragraphs (f)(1) through
(9) Electronic reporting. Within 60 days (f)(3) of this section in the
after the date of completing each per- Precompliance Report, as required by
formance test (as defined in § 63.2), the paragraph (e)(3) of this section. The
owner or operator must submit the re- owner or operator shall retain for a pe-
sults of the performance tests, includ- riod of 5 years each record required by
ing any associated fuel analyses, re- paragraphs (f)(1) through (f)(3) of this
quired by this subpart according to the section.
methods specified in paragraphs (1) The required information shall in-
(e)(9)(i) or (ii) of this section. clude a description of the parameter(s)
(i) For data collected using test to be monitored to ensure the recovery
methods supported by the EPA-pro- device, control device, or pollution pre-
vided software, the owner or operator vention measure is operated in con-
shall submit the results of the perform- formance with its design and achieves
ance test to the EPA by direct com- the specified emission limit, percent
puter-to-computer electronic transfer reduction, or nominal efficiency, and
via EPA-provided software, unless oth- an explanation of the criteria used to
erwise approved by the Administrator. select the parameter(s).
Owners or operators, who claim that (2) The required information shall in-
some of the information being sub- clude a description of the methods and
mitted for performance tests is con- procedures that will be used to dem-
fidential business information (CBI), onstrate that the parameter indicates
must submit a complete file using proper operation, the schedule for this
EPA-provided software that includes demonstration, and a statement that
information claimed to be CBI on a the owner or operator will establish a
compact disk, flash drive, or other level for the monitored parameter as
commonly used electronic storage part of the Notification of Compliance
media to the EPA. The electronic Status report required in paragraph
media must be clearly marked as CBI (e)(5) of this section, unless this infor-
and mailed to U.S. EPA/OAPQS/CORE mation has already been included in
CBI Office, Attention: WebFIRE Ad- the operating permit application.
ministrator, MD C404–02, 4930 Old Page (3) The required information shall in-
Rd., Durham, NC 27703. The same file clude a description of the proposed
with the CBI omitted must be sub- monitoring, recordkeeping, and report-
mitted to the EPA by direct computer- ing system, to include the frequency
to-computer electronic transfer via and content of monitoring, record-
EPA-provided software. keeping, and reporting. Further, the
(ii) For any performance test con- rationale for the proposed monitoring,
ducted using test methods that are not recordkeeping, and reporting system
compatible with the EPA-provided shall be included if either condition in

software, the owner or operator shall paragraph (f)(3)(i) or (f)(3)(ii) of this
submit the results of the performance section is met:
389
§ 63.1335 40 CFR Ch. I (7–1–16 Edition)
(i) If monitoring and recordkeeping is (C) Justification for requesting an al-

not continuous; or ternative monitoring and record-
(ii) If reports of daily average values keeping system; and
will not be included in Periodic Re- (D) Demonstration to the Adminis-
ports when the monitored parameter trator’s satisfaction that the proposed
value is above the maximum level or monitoring frequency is sufficient to
below the minimum level as estab- represent control or recovery device
lished in the operating permit or the operating conditions, considering typ-
Notification of Compliance Status. ical variability of the specific process
(g) Alternative continuous monitoring and control or recovery device oper-
and recordkeeping. An owner or operating parameter being monitored.
ator choosing not to implement the (3) An owner or operator may request
provisions listed in § 63.1315 or § 63.1317, approval to use an automated data
as appropriate, for continuous process compression recording system that
vents, § 63.1321 for batch process vents does not record monitored operating
and aggregate batch vent streams, or parameter values at a set frequency,
§ 63.1330 for process wastewater, may but records all values that meet set
instead request approval to use alter- criteria for variation from previously
native continuous monitoring and rec- recorded values, in accordance with
ordkeeping provisions according to the paragraphs (g)(3)(i) and (g)(3)(ii) of this
procedures specified in paragraphs section.
(g)(1) through (g)(4) of this section. Re- (i) The requested system shall be de-
quests shall be submitted in the signed to:
Precompliance Report as specified in (A) Measure the operating parameter
paragraph (e)(3)(iv) of this section, if value at least once during every 15
not already included in the operating minute period;
permit application, and shall contain (B) Except for the monitoring of
batch process vents, calculate hourly
the information specified in paragraphs
average values each hour during peri-
(g)(2)(ii) and (g)(3)(ii) of this section, as
ods of operation;
applicable.
(C) Record the date and time when
(1) The provisions in § 63.8(f)(5)(i)
monitors are turned off or on;
shall govern the review and approval of
(D) Recognize unchanging data that
requests.
may indicate the monitor is not func-
(2) An owner or operator of an af- tioning properly, alert the operator,
fected source that does not have an and record the incident;
automated monitoring and recording (E) Calculate daily average (or batch
system capable of measuring param- cycle daily average) values of the mon-
eter values at least once every 15 min- itored operating parameter based on all
utes and that does not generate contin- measured data; and
uous records may request approval to (F) If the daily average is not an ex-
use a nonautomated system with less cursion, as defined in § 63.1334(f), the
frequent monitoring, in accordance data for that operating day may be
with paragraphs (g)(2)(i) and (g)(2)(ii) of converted to hourly average values and
this section. the four or more individual records for
(i) The requested system shall in- each hour in the operating day may be
clude manual reading and recording of discarded.
the value of the relevant operating pa- (ii) The request shall contain:
rameter no less frequently than once (A) A description of the monitoring
per hour. Daily average (or batch cycle system and data compression recording
daily average) values shall be cal- system, including the criteria used to
culated from these hourly values and determine which monitored values are
recorded. recorded and retained;
(ii) The request shall contain: (B) The method for calculating daily
(A) A description of the planned mon- averages and batch cycle daily aver-
itoring and recordkeeping system; ages; and
(B) Documentation that the affected (C) A demonstration that the system
source does not have an automated meets all criteria in paragraph (g)(3)(i)
monitoring and recording system; of this section.
390
(4) An owner or operator may request any period meeting the criteria in
approval to use other alternative moni- paragraphs (h)(1)(ii)(A) and (B) of this
toring systems according to the proce- section. All instances in an operating
dures specified in § 63.8(f)(4). day constitute a single occurrence.
(h) Reduced recordkeeping program. (A) The running average is above the
For any parameter with respect to any maximum or below the minimum es-
item of equipment, the owner or oper- tablished limits; and
ator may implement the recordkeeping (B) The running average is based on
requirements specified in paragraph at least six 1-hour average values.
(h)(1) or (h)(2) of this section as alter- (iii) The monitoring system is capa-
natives to the continuous operating pable of detecting unchanging data dur-
rameter monitoring and recordkeeping ing periods of operation, except in cir-
provisions that would otherwise apply cumstances where the presence of un-
under this subpart. The owner or oper- changing data is the expected oper-
ator shall retain for a period of 5 years ating condition based on past experi-
each record required by paragraph ence (e.g., pH in some scrubbers), and
(h)(1) or (h)(2) of this section, except as will alert the operator by alarm or
otherwise provided in paragraph other means. All instances of the alarm
(h)(1)(vi)(D) of this section. or other alert in an operating day con-
(1) The owner or operator may retain stitute a single occurrence.
only the daily average (or batch cycle (iv) The monitoring system will alert
daily average) value, and is not re- the owner or operator by an alarm or
quired to retain more frequent mon- other means, if the running average pa-
itored operating parameter values, for rameter value calculated under para-
a monitored parameter with respect to graph (h)(1)(ii) of this section reaches a
an item of equipment, if the require- set point that is appropriately related
ments of paragraphs (h)(1)(i) through to the established limit for the param-
(h)(1)(vi) of this section are met. An eter that is being monitored.
owner or operator electing to comply (v) The owner or operator shall verify
with the requirements of paragraph the proper functioning of the moni-
(h)(1) of this section shall notify the toring system, including its ability to
Administrator in the Notification of comply with the requirements of para-
Compliance Status as specified in paragraph (h)(1) of this section, at the
graph (e)(5)(xi) of this section or, if the times specified in paragraphs
Notification of Compliance Status has (h)(1)(v)(A) through (h)(1)(v)(C). The
already been submitted, in the Periodic owner or operator shall document that
Report immediately preceding imple- the required verifications occurred.
mentation of the requirements of para- (A) Upon initial installation.
graph (h)(1) of this section as specified (B) Annually after initial installa-
in paragraph (e)(6)(ix) of this section. tion.
(i) The monitoring system is capable (C) After any change to the program-
of detecting unrealistic or impossible ming or equipment constituting the
data during periods of operation (e.g., a monitoring system, which might rea-
temperature reading of ¥200 °C on a sonably be expected to alter the moni-
boiler), and will alert the operator by toring system’s ability to comply with
alarm or other means. All instances of the requirements of this section.
the alarm or other alert in an oper- (vi) The owner or operator shall re-
ating day constitute a single occur- tain the records identified in para-
rence. graphs (h)(1)(vi)(A) through
(ii) The monitoring system gen- (h)(1)(vi)(D) of this section.
erates, updated at least hourly (A) Identification of each parameter,
throughout each operating day, a run- for each item of equipment, for which
ning average of the monitoring values the owner or operator has elected to
that have been obtained during that comply with the requirements of para-
operating day, and the capability to graph (h) of this section.
observe this running average is readily (B) A description of the applicable
available to the Administrator on-site monitoring system(s), and of how com-

during the operating day. The owner or pliance will be achieved with each re-
operator shall record the occurrence of quirement of paragraphs (h)(1)(i)
391
§ 63.1336 40 CFR Ch. I (7–1–16 Edition)
through (h)(1)(v) of this section. The quired and/or approved by the Adminis-
description shall identify the location trator.
and format (e.g., on-line storage, log (i) If the owner or operator elects not
entries) for each required record. If the to retain the daily average (or batch
description changes, the owner or oper- cycle daily average) values, the owner
ator shall retain both the current and or operator shall notify the Adminis-
the most recent superseded description, trator in the next Periodic Report as
as provided in paragraph (a) of this sec- specified in paragraph (e)(6)(x) of this
tion, except as provided in paragraph section. The notification shall identify
(h)(1)(vi)(D) of this section. the parameter and unit of equipment.
(C) A description, and the date, of (ii) If, on any operating day after the
any change to the monitoring system owner or operator has ceased recording
that would reasonably be expected to daily average (or batch cycle daily av-
impair its ability to comply with the erage) values as provided in paragraph
requirements of paragraph (h)(1) of this (h)(2) of this section, there is an excur-
section. sion as defined in paragraph (h)(2)(iv)
of this section, the owner or operator
(D) Owners and operators subject to
shall immediately resume retaining
paragraph (h)(1)(vi)(B) of this section
the daily average (or batch cycle daily
shall retain the current description of
average) value for each operating day
the monitoring system as long as the
and shall notify the Administrator in
description is current. The current de-
the next Periodic Report. The owner or
scription shall, at all times, be re- operator shall continue to retain each
tained on-site or be accessible from a daily average (or batch cycle daily av-
central location by computer or other erage) value until another period of 6
means that provides access within 2 consecutive months has passed without
hours after a request. The owner or op- an excursion as defined in paragraph
erator shall retain all superseded de- (h)(2)(iv) of this section.
scriptions for at least 5 years after the (iii) The owner or operator shall re-
date of their creation. Superseded de- tain the records specified in paragraphs
scriptions shall be retained on-site (or (h)(1)(i) through (iii) of this section, for
accessible from a central location by the duration specified in this para-
computer or other means that provides graph (h). For any calendar week, if
access within 2 hours after a request) compliance with paragraphs (h)(1)(i)
for at least 6 months after their cre- through (iv) of this section does not re-
ation. Thereafter, superseded descrip- sult in retention of a record of at least
tions may be stored off-site. one occurrence or measured parameter
(2) If an owner or operator has elect- value, the owner or operator shall
ed to implement the requirements of record and retain at least one param-
paragraph (h)(1) of this section for a eter value during a period of operation.
monitored parameter with respect to (iv) For purposes of paragraph (h) of
an item of equipment and a period of 6 this section, an excursion means that
consecutive months has passed without the daily average (or batch cycle daily
an excursion as defined in paragraph average) value of monitoring data for a
(h)(2)(iv) of this section, the owner or parameter is greater than the max-
operator is no longer required to record imum, or less than the minimum estab-
the daily average (or batch cycle daily lished value.
average) value for any operating day
when the daily average (or batch cycle FR 11553, Mar. 9, 1999; 65 FR 38131, June 19,
daily average) value is less than the 2000; 66 FR 36939, July 16, 2001; 71 FR 20460,
maximum or greater than the min- Apr. 20, 2006; 79 FR 17368, Mar. 27, 2014]
imum established limit. With approval
by the Administrator, monitoring data § 63.1336 Implementation and enforce-
generated prior to the compliance date ment.
of this subpart shall be credited toward (a) This subpart can be implemented
the period of 6 consecutive months, if and enforced by the U.S. EPA, or a del-
the parameter limit and the moni- egated authority such as the applicable
toring accomplished during the period State, local, or Tribal agency. If the
prior to the compliance date was re- U.S. EPA Administrator has delegated
392
Environmental Protection Agency Pt. 63, Subpt. JJJ, Table 1
authority to a State, local, or Tribal through (v), (b)(6) through (7), (c)
agency, then that agency, in addition through (j), and 63.1328 through 63.1332.
to the U.S. EPA, has the authority to Where these standards reference an-
implement and enforce this subpart. other subpart, the cited provisions will
Contact the applicable U.S. EPA Re- be delegated according to the delega-
gional Office to find out if this subpart tion provisions of the referenced sub-
is delegated to a State, local, or Tribal part. Where these standards reference
agency. another subpart and modify the re-
(b) In delegating implementation and quirements, the requirements shall be
enforcement authority of this subpart modified as described in this subpart.
to a State, local, or Tribal agency Delegation of the modified require-
under subpart E of this part, the au- ments will also occur according to the
thorities contained in paragraph (c) of delegation provisions of the referenced
this section are retained by the Admin- subpart.
istrator of U.S. EPA and cannot be (2) Approval of major alternatives to
transferred to the State, local, or Trib- test methods for under § 63.7(e)(2)(ii)
al agency. and (f), as defined in § 63.90, and as re-
(c) The authorities that cannot be quired in this subpart.
delegated to State, local, or Tribal (3) Approval of major alternatives to
agencies are as specified in paragraphs monitoring under § 63.8(f), as defined in
(c)(1) through (4) of this section. § 63.90, and as required in this subpart.
(1) Approval of alternatives to the re-
(4) Approval of major alternatives to
quirements in §§ 63.1310 through 63.1311,
recordkeeping and reporting under
63.1313 through 63.1315(a)(1) through (9),
§ 63.10(f), as defined in § 63.90, and as re-
(11) through (18), (b) through (e),
quired in this subpart.
63.1316, 63.1321 through 63.1322,
63.1323(a), (b)(1) through (4), (b)(5)(iv) [68 FR 37357, June 23, 2003]
TABLE 1 TO SUBPART JJJ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO

SUBPART JJJ AFFECTED SOURCES
Applies to
Reference Explanation
Subpart JJJ
§ 63.1(a)(1) ......................................... Yes ........................... § 63.1312 specifies definitions in addition to or that supersede
definitions in § 63.2.
§ 63.1(a)(2) ......................................... Yes.
§ 63.1(a)(3) ......................................... Yes ........................... § 63.1311(g) through (l) and § 63.160(b) identify those standards
which may apply in addition to the requirements of subparts
JJJ and H of this part, and specify how compliance shall be
achieved.
§ 63.1(a)(4) ......................................... Yes ........................... Subpart JJJ (this table) specifies the applicability of each para-
graph in subpart A to subpart JJJ.
§ 63.1(a)(5) ......................................... No ............................. [Reserved.].
§ 63.1(a)(6) ......................................... Yes.
§ 63.1(a)(7)–(9) ................................... No ............................. [Reserved.].
§ 63.1(a)(10) ....................................... Yes.
§ 63.1(a)(11) ....................................... Yes.
§ 63.1(a)(12)–(14) ............................... Yes.
§ 63.1(b)(1) ......................................... No ............................. § 63.1310(a) contains specific applicability criteria.
§ 63.1(b)(2) ......................................... Yes.
§ 63.1(b)(3) ......................................... No ............................. § 63.1310(b) provides documentation requirements for TPPUs
not considered affected sources.
§ 63.1(c)(1) ......................................... Yes ........................... Subpart JJJ (this table) specifies the applicability of each para-
graph in subpart A to subpart JJJ.
§ 63.1(c)(2) ......................................... No ............................. Area sources are not subject to subpart JJJ.
§ 63.1(c)(3) ......................................... No ............................. [Reserved.].
§ 63.1(c)(4) ......................................... No ............................. [Reserved.].
§ 63.1(c)(5) ......................................... Yes ........................... Except that affected sources are not required to submit notifica-
tions that are not required by subpart JJJ.
§ 63.1(d) .............................................. No ............................. [Reserved.].
§ 63.1(e) .............................................. Yes.
§ 63.2 .................................................. Yes ........................... § 63.1312 specifies those subpart A definitions that apply to sub-
part JJJ.
§ 63.3 .................................................. Yes.
§ 63.4(a)(1)–(3) ................................... Yes.
§ 63.4(a)(4) ......................................... No ............................. [Reserved.].
393
Pt. 63, Subpt. JJJ, Table 1 40 CFR Ch. I (7–1–16 Edition)
Applies to
Subpart JJJ
§ 63.4(a)(5) ......................................... Yes.

§ 63.4(b) .............................................. Yes.
§ 63.4(c) .............................................. Yes.
§ 63.5(a)(1) ......................................... Yes ........................... Except the terms ‘‘source’’ and ‘‘stationary source’’ should be in-
terpreted as having the same meaning as ‘‘affected source.’’
§ 63.5(a)(2) ......................................... Yes.
§ 63.5(b)(1) ......................................... Yes ........................... Except § 63.1310(i) defines when construction or reconstruction
is subject to new source standards.
§ 63.5(b)(2) ......................................... No ............................. [Reserved.].
§ 63.5(b)(3) ......................................... Yes.
§ 63.5(b)(4) ......................................... Yes ........................... Except that the Initial Notification and § 63.9(b) requirements do
not apply.
§ 63.5(b)(5) ......................................... Yes.
§ 63.5(b)(6) ......................................... Yes ........................... Except that § 63.1310(i) defines when construction or recon-
struction is subject to new source standards.
§ 63.5(c) .............................................. No ............................. [Reserved.]
§ 63.5(d)(1)(i) ...................................... Yes ........................... Except that the references to the Initial Notification and
§ 63.9(b)(5) do not apply.
§ 63.5(d)(1)(ii) ..................................... Yes ........................... Except that § 63.5(d)(1)(ii)(H) does not apply.
§ 63.5(d)(1)(iii) .................................... No ............................. §§ 63.1335(e)(5) and 63.1331(a)(4) specify Notification of Com-
pliance Status requirements.
§ 63.5(d)(2) ......................................... No.
§ 63.5(d)(3) ......................................... Yes ........................... Except § 63.5(d)(3)(ii) does not apply, and equipment leaks sub-
ject to § 63.1331 are exempt.
§ 63.5(d)(4) ......................................... Yes.
§ 63.5(e) .............................................. Yes.
§ 63.5(f)(1) .......................................... Yes.
§ 63.5(f)(2) .......................................... Yes ........................... Except that where § 63.9(b)(2) is referred to, the owner or oper-
ator need not comply.
§ 63.6(a) .............................................. Yes.
§ 63.6(b)(1) ......................................... No ............................. The dates specified in § 63.1311(b) apply, instead.
§ 63.6(b)(2) ......................................... No.
§ 63.6(b)(3) ......................................... No.
§ 63.6(b)(4) ......................................... No.
§ 63.6(b)(5) ......................................... No.
§ 63.6(b)(6) ......................................... No ............................. [Reserved]
§ 63.6(b)(7) ......................................... No.
§ 63.6(c)(1) ......................................... Yes ........................... Except that § 63.1311 specifies the compliance date.
§ 63.6(c)(2) ......................................... No.
§ 63.6(c)(3) ......................................... No ............................. [Reserved]
§ 63.6(c)(4) ......................................... No ............................. [Reserved]
§ 63.6(c)(5) ......................................... Yes.
§ 63.6(d) .............................................. No ............................. [Reserved]
§ 63.6(e) .............................................. Yes ........................... Except as otherwise specified for individual paragraphs.
§ 63.6(e)(1)(i) ...................................... No ............................. See § 63.1310(j)(4) for general duty requirement.
§ 63.6(e)(1)(ii) ..................................... No.
§ 63.6(e)(1)(iii) .................................... Yes.
§ 63.6(e)(2) ......................................... Yes.
§ 63.6(e)(3) ......................................... No.
§ 63.6(f)(1) .......................................... No.
§ 63.6(f)(2) .......................................... Yes ........................... Except § 63.7(c), as referred to in § 63.6(f)(2)(iii)(D), does not
apply, and except that § 63.6(f)(2)(ii) does not apply to equip-
ment leaks subject to § 63.1331.
§ 63.6(f)(3) .......................................... Yes.
§ 63.6(g) .............................................. Yes.
§ 63.6(h) .............................................. No ............................. Subpart JJJ does not require opacity and visible emission stand-
ards.
§ 63.6(i)(1) .......................................... Yes.
§ 63.6(i)(2) .......................................... Yes.
§ 63.6(i)(3) .......................................... Yes.
§ 63.6(i)(4)(i)(A) .................................. Yes.
§ 63.6(i)(4)(i)(B) .................................. No ............................. Dates are specified in § 63.1311(e) and § 63.1335(e)(3)(i).
§ 63.6(i)(4)(ii) ...................................... No.
§ 63.6(i)(5)–(14) .................................. Yes.
§ 63.6(i)(15) ........................................ No ............................. [Reserved.].
§ 63.6(i)(16) ........................................ Yes.
§ 63.6(j) ............................................... Yes.
§ 63.7(a)(1) ......................................... Yes.
§ 63.7(a)(2) ......................................... No ............................. § 63.1335(e)(5) specifies the submittal dates of performance test
results for all emission points except equipment leaks; for

equipment leaks, compliance demonstration results are re-
ported in the Periodic Reports.
§ 63.7(a)(3) ......................................... Yes.
394
Applies to
Subpart JJJ
§ 63.7(b) .............................................. No ............................. § 63.1333(a)(4) specifies notification requirements.

§ 63.7(c) .............................................. No.
§ 63.7(d) .............................................. Yes.
§ 63.7(e)(1) ......................................... No ............................. See § 63.1333(a).
§ 63.7(e)(2) ......................................... Yes.
§ 63.7(e)(3) ......................................... No ............................. Subpart JJJ specifies requirements.
§ 63.7(e)(4) ......................................... Yes.
§ 63.7(f) .............................................. Yes ........................... Except that § 63.144(b)(5)(iii)(A) and (B) shall apply for process
wastewater. Also, because a site specific test plan is not re-
quired, the notification deadline in § 63.7(f)(2)(i) shall be 60
days prior to the performance test, and in § 63.7(f)(3), ap-
proval or disapproval of the alternative test method shall not
be tied to the site specific test plan.
§ 63.7(g) .............................................. Yes ........................... Except that the requirements in § 63.1335(e)(5) shall apply in-
stead of references to the Notification of Compliance Status
report in § 63.9(h). In addition, equipment leaks subject to
§ 63.1331 are not required to conduct performance tests.
§ 63.7(h) .............................................. Yes ........................... Except § 63.7(h)(4)(ii) is not applicable, because the site-specific
test plans in § 63.7(c)(2) are not required.
§ 63.8(a)(1) ......................................... Yes.
§ 63.8(a)(2) ......................................... No.
§ 63.8(a)(3) ......................................... No ............................. [Reserved]
§ 63.8(a)(4) ......................................... Yes.
§ 63.8(b)(1) ......................................... Yes.
§ 63.8(b)(2) ......................................... No ............................. Subpart JJJ specifies locations to conduct monitoring.
§ 63.8(b)(3) ......................................... Yes.
§ 63.8(c)(1) ......................................... Yes.
§ 63.8(c)(1)(i) ...................................... No.
§ 63.8(c)(1)(ii) ..................................... No.
§ 63.8(c)(1)(iii) ..................................... No.
§ 63.8(c)(2) ......................................... Yes.
§ 63.8(c)(3) ......................................... Yes.
§ 63.8(c)(4) ......................................... No ............................. § 63.1334 specifies monitoring frequency; not applicable to
equipment leaks because § 63.1331 does not require contin-
uous monitoring systems.
§ 63.8(c)(5)–(8) ................................... No.
§ 63.8(d) .............................................. No.
§ 63.8(e) .............................................. No.
§ 63.8(f)(1)–(3) .................................... Yes.
§ 63.8(f)(4)(i) ....................................... No ............................. Timeframe for submitting request is specified in § 63.1335(f) or
(g); not applicable to equipment leaks because § 63.1331
(through reference to subpart H) specifies acceptable alter-
native methods.
§ 63.8(f)(4)(ii) ...................................... No ............................. Contents of requests are specified in § 63.1335(f) or (g).
§ 63.8(f)(4)(iii) ..................................... No.
§ 63.8(f)(5)(i) ....................................... Yes.
§ 63.8(f)(5)(ii) ...................................... No.
§ 63.8(f)(5)(iii) ..................................... Yes.
§ 63.8(f)(6) .......................................... No ............................. Subpart JJJ does not require continuous emission monitors.
§ 63.8(g) .............................................. No ............................. Data reduction procedures specified in § 63.1335(d) and (h); not
applicable to equipment leaks.
§ 63.9(a) .............................................. Yes.
§ 63.9(b) .............................................. No ............................. Subpart JJJ does not require an initial notification.
§ 63.9(c) .............................................. Yes.
§ 63.9(d) .............................................. Yes.
§ 63.9(e) .............................................. No ............................. § 63.1333(a)(4) specifies notification deadline.
§ 63.9(f) .............................................. No ............................. Subpart JJJ does not require opacity and visible emission stand-
ards.
§ 63.9(g) .............................................. No.
§ 63.9(h) .............................................. No ............................. § 63.1335(e)(5) specifies Notification of Compliance Status re-
quirements.
§ 63.9(i) ............................................... Yes.
§ 63.9(j) ............................................... No.
§ 63.10(a) ........................................... Yes.
§ 63.10(b)(1) ....................................... No ............................. § 63.1335(a) specifies record retention requirements.
§ 63.10(b)(2) ....................................... No ............................. Subpart JJJ specifies recordkeeping requirements.
§ 63.10(b)(3) ....................................... No ............................. § 63.1310(b) requires documentation of sources that are not af-
fected sources.
§ 63.10(c) ............................................ No ............................. § 63.1335 specifies recordkeeping requirements.
§ 63.10(d)(1) ....................................... Yes.
§ 63.10(d)(2) ....................................... No ............................. § 63.1335(e) specifies performance test reporting requirements;

not applicable to equipment leaks.
§ 63.10(d)(3) ....................................... No ............................. Subpart JJJ does not require opacity and visible emission stand-
ards.
395
Applies to
Subpart JJJ
§ 63.10(d)(4) ....................................... Yes.

§ 63.10(d)(5) ....................................... No ............................. See § 63.1335(b)(1)(ii) for malfunction reporting requirements.
§ 63.10(e) ........................................... No ............................. § 63.1335 specifies reporting requirements.
§ 63.10(f) ............................................ Yes.
§ 63.11 ................................................ Yes ........................... § 63.11(b) specifies requirements for flares used to comply with
provisions of this subpart. § 63.1333(e) contains the require-
ments to conduct compliance demonstrations for flares subject
to this subpart. § 63.11(c), (d), and (e) specifies requirements
for an alternative work practice for equipment leaks.
§ 63.12 ................................................ Yes ........................... Except that the authority of § 63.1332(i) and the authority of
§ 63.177 (for equipment leaks) shall not be delegated to
States.
§§ 63.13–63.15 ................................... Yes.
[66 FR 36939, July 16, 2001, as amended at 71 FR 20460, Apr. 20, 2006; 73 FR 78214, Dec. 22, 2008;
79 FR 17371, Mar. 27, 2014]
TABLE 2 TO SUBPART JJJ OF PART 63—GROUP 1 STORAGE VESSELS AT EXISTING

AFFECTED SOURCES
Vapor pres-
Vessel capacity sure a
(cubic meters) (kilopascals)
75≤capacity 151 ........................................................................................................................................................ ≥13.1

151≤capacity ............................................................................................................................................................. ≥5.2
a Maximum true vapor pressure of total organic HAP at storage temperature.
[65 FR 38142, June 19, 2000]
TABLE 3 TO SUBPART JJJ OF PART 63—GROUP 1 STORAGE VESSELS AT EXISTING

AFFECTED SOURCES PRODUCING THE LISTED THERMOPLASTICS
Vapor pres-
Vessel capacity (cubic
Thermoplastic Chemical a sure b
meters) (kilopascals)
ASA/AMSAN c ......................................... styrene/acrylonitrile mixture ................... ≥3.78 ................................ ≥0.47

acrylonitrile ............................................. ≥75.7 ................................ ≥1.62
Polystyrene, continuous processes ........ all chemicals ........................................... <75.7 ............................... ≥14.2
≥75.7.
≥1.9
Nitrilec ..................................................... acrylonitrile ............................................. ≥13.25 .............................. ≥1.8
a Vessel capacity and vapor pressure criteria are specific to the listed chemical or to ‘‘all chemicals,’’ as indicated.
b Maximum true vapor pressure of total organic HAP at storage temperature.
c The applicability criteria in Table 2 of this subpart shall be used for chemicals not specifically listed in this table (i.e., Table 3).
[64 FR 11553, Mar. 9, 1999]
TABLE 4 TO SUBPART JJJ OF PART 63—GROUP 1 STORAGE VESSELS AT NEW

AFFECTED SOURCES
Vapor
Vessel capacity (cubic meters) pressure a
(kilopascals)
38 ≤capacity <151 ..................................................................................................................................................... ≥13.1

151 ≤capacity ............................................................................................................................................................ ≥0.7
a Maximum true vapor pressure of total organic HAP at storage temperature.
TABLE 5 TO SUBPART JJJ OF PART 63—GROUP 1 STORAGE VESSELS AT NEW

AFFECTED SOURCES PRODUCING THE LISTED THERMOPLASTICS
Vessel capacity Vapor pressure b
Thermoplastic Chemical a (cubic meters) (kilopascals)
ASA/AMSAN c ................................ Styrene/ acrylonitrile mixture ......... ≥3.78 ................................ ≥0.47

Acrylonitrile .................................... ≥75.7 ................................ ≥1.62
SAN, continuous d .......................... All chemicals ................................. ≥2,271 .............................. ≥0.5 and <0.7
396
Vessel capacity Vapor pressure b

Thermoplastic Chemical a (cubic meters) (kilopascals)
<151 ................................ ≥10

≥151 ................................. ≥0.7
Nitrile c
............................................ Acrylonitrile .................................... ≥13.25 .............................. ≥1.8
Polystyrene, continuous processes All chemicals ................................. ≥19.6 and <45.4 .............. ≥7.48
≥45.4 and <109.8 ............ ≥0.61
≥109.8 .............................. ≥0.53
ABS, continuous mass .................. Styrene .......................................... ≥45.43 .............................. ≥0.078
All other chemicals ........................ ≥38 and <45.43 ............... ≥13.1
≥45.43 .............................. ≥0.53
a Vessel capacity and vapor pressure criteria are specific to the listed chemical, to ‘‘all chemicals,’’ or to ‘‘all other chemicals,’’
as indicated.
b Maximum true vapor pressure of total organic HAP at storage temperature.
c The applicability criteria in Table 4 of this subpart shall be used for chemicals not specifically listed in this table (i.e., Table 5).
d The control level for the first two sets of applicability criteria are specified in 63.1314 as 90% and 98%, respectively. The con-
trol level for the third set of applicability criteria is the HON control level of 95%.
[64 FR 11553, Mar. 9, 1999]
TABLE 6 TO SUBPART JJJ OF PART 63—KNOWN ORGANIC HAP EMITTED FROM THE
PRODUCTION OF THERMOPLASTIC PRODUCTS
Organic HAP/chemical name
(CAS No.)
Thermoplastic
product/Sub- Acrylo- 1,3 Buta- 1,4- Ethylene Methyl
Acet- Styrene
category nitrile diene Dioxane Glycol Methanol metha-
aldehyde (100–42–
(107–13– (106–99– (123–91– (107–21– (67–56–1) crylate
(75–07–0) 5)
1) 0) 1) 1) (80–62–6)
ABS latex .............. ✔ ✔ ✔

ABS using a batch
emulsion process ✔ ✔ ✔
ABS using a batch
suspension proc-
ess ..................... ✔ ✔ ✔
ABS using a con-
tinuous emulsion
process .............. ✔ ✔ ✔
ABS using a con-
tinuous mass
process .............. ✔ ✔ ✔
ASA/AMSAN ......... ✔ ✔
EPS ....................... ✔
MABS .................... ✔ ✔ ✔
MBS ...................... ✔ ✔ ✔
Nitrile resin ............ ✔
PET using a batch
dimethyl
terephthalate
process .............. ✔ ✔ ✔ ✔
PET using a batch
terephthalic acid
process .............. ✔ ✔ ✔
PET using a con-
tinuous dimethyl
terephthalate
process .............. ✔ ✔ ✔ ✔
PET using a con-
tinuous tereph-
thalic acid proc-
ess ..................... ✔ ✔ ✔
PET using a con-
tinuous tereph-
thalic acid high
viscosity multiple
end finisher proc-
ess ..................... ✔ ✔ ✔
Polystyrene resin
using a batch
process .............. ✔
Polystyrene resin
using a contin-
uous process ..... ✔
397
Organic HAP/chemical name

(CAS No.)
Thermoplastic
product/Sub- Acrylo- 1,3 Buta- 1,4- Ethylene Methyl
Acet- Styrene
category nitrile diene Dioxane Glycol Methanol metha-
aldehyde (100–42–
(107–13– (106–99– (123–91– (107–21– (67–56–1) crylate
(75–07–0) 5)
1) 0) 1) 1) (80–62–6)
SAN using a batch

process .............. ✔ ✔
SAN using a con-
tinuous process ✔ ✔
CAS No. = Chemical Abstract Service Number.
ABS = Acrylonitrile butadiene styrene resin.
ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin.
EPS = expandable polystyrene resin.
MABS = methyl methacrylate acrylonitrile butadiene styrene resin.
PET = poly(ethylene terephthalate) resin.
SAN = styrene acrylonitrile resin.
MBS = methyl methacrylate butadiene styrene resin.
[66 FR 36942, July 16, 2001]
TABLE 7 TO SUBPART JJJ OF PART 63—GROUP 1 BATCH PROCESS VENTS AND AGGRE-
GATE BATCH VENT STREAMS—MONITORING, RECORDKEEPING, AND REPORTING
REQUIREMENTS
Recordkeeping and reporting requirements for mon-
Control device Parameters to be monitored itored parameters
Thermal incinerator ......................... Firebox temperature a ..................... 1. Continuous records as specified in

§ 63.1326(e)(1). b
2. Record and report the average firebox tempera-
ture measured during the performance test—
NCS. c
3. Record the batch cycle daily average firebox tem-
perature as specified in § 63.1326(e)(2).
4. Report all batch cycle daily average temperatures
that are below the minimum operating value estab-
lished in the NCS or operating permit and all in-
stances when monitoring data are not collected—
PR. d e
Catalytic incinerator ........................ Temperature upstream and down- 1. Continuous records as specified in
stream of the catalyst bed. § 63.1326(e)(1). b
2. Record and report the average upstream and bed
downstream temperatures and the average tem-
perature difference across the catalyst bed meas-
ured during the performance test—NCS. c
3. Record the batch cycle daily average upstream
temperature and temperature difference across
catalyst bed as specified in § 63.1326(e)(2).
4. Report all batch cycle daily average upstream
temperatures that are below the minimum up-
stream value established in the NCS or operating
permit—PR. d e
5. Report all batch cycle daily average temperature
differences across the catalyst bed that are below
the minimum difference established in the NCS or
operating permit—PR. d e
6. Report all instances when monitoring data are not
collected. e
Boiler or Process Heater with a de- Firebox temperature a ..................... 1. Continuous records as specified in
sign heat input capacity less than § 63.1326(e)(1). b
44 megawatts and where the 2. Record and report the average firebox tempera-
batch process vents or aggregate ture measured during the performance test—
batch vent streams are not intro- NCS. c
duced with or used as the pri- 3. Record the batch cycle daily average firebox tem-
mary fuel. perature as specified in § 63.1326(e)(2). d
4. Report all batch cycle daily average temperatures
that are below the minimum operating value estab-
lished in the NCS or operating permit and all in-

stances when monitoring data are not collected—
PR. d e
398

Flare ................................................ Presence of a flame at the pilot 1. Hourly records of whether the monitor was con-
light. tinuously operating during batch emission epi-
sodes, or portions thereof, selected for control and
whether a flame was continuously present at the
pilot light during said periods.
2. Record and report the presence of a flame at the
pilot light over the full period of the compliance de-
termination—NCS. c
3. Record the times and durations of all periods dur-
ing batch emission episodes, or portions thereof,
selected for control when all flames at the pilot
light of a flare are absent or the monitor is not op-
erating.
4. Report the times and durations of all periods dur-
ing batch emission episodes, or portions thereof,
selected for control when all flames at the pilot
light of a flare are absent—PR. d
Scrubber for halogenated batch a. pH of scrubber effluent, and ...... 1. Continuous records as specified in
process vents or aggregate batch § 63.1326(e)(1). b
vent strreams (Note: Controlled 2. Record and report the average pH of the scrubber
by a combustion device other effluent measured during the performance test—
than a flare). NCS. c
3. Record the batch cycle daily average pH of the
scrubber effluent as specified in § 63.1326(e)(2).
4. Report all batch cycle daily average pH values of
the scrubber effluent that are below the minimum
operating value established in the NCS or oper-
ating permit and all instances when monitoring
data are not collected—PR. d e
b. Scrubber liquid and gas flow 1. Records as specified in § 63.1326(e)(1). b
rates.
2. Record and report the scrubber liquid/gas ratio
averaged over the full period of the performance
test—NCS. c
3. Record the batch cycle daily average scrubber liq-
uid/gas ratio as specified in § 63.1326(e)(2).
4. Report all batch cycle daily average scrubber liq-
uid/gas ratios that are below the minimum value
established in the NCS or operating permit and all
instances when monitoring data are not col-
lected—PR. d e
Absorber f ........................................ a. Exit temperature of the absorb- 1. Continuous records as specified in
ing liquid, and. § 63.1326(e)(1). b
2. Record and report the average exit temperature of
the absorbing liquid measured during the perform-
ance test—NCS. c
3. Record the batch cycle daily average exit tem-
perature of the absorbing liquid as specified in
§ 63.1326(e)(2) for each batch cycle.
4. Report all the batch cycle daily average exit tem-
peratures of the absorbing liquid that are above
the maximum operating value established in the
NCS or operating permit and all instances when
monitoring data are not collected—PR. d e
b. Exit specific gravity for the ab- 1. Continuous records as specified in
sorbing liquid. § 63.1326(e)(1). b
2. Record and report the average exit specific gravity
measured during the performance test—NCS. c
3. Record the batch cycle daily average exit specific
gravity as specified in § 63.1326(e)(2).
4. Report all batch cycle daily average exit specific
gravity values that are above the maximum oper-
ating value established in the NCS or operating
permit and all instances when monitoring data are
not collected—PR. d e
Condenser f ..................................... Exit (product side) temperature ...... 1. Continuous records as specified in
§ 63.1326(e)(1). b
2. Record and report the average exit temperature

measured during the performance test—NCS. c
3. Record the batch cycle daily average exit tem-
perature as specified in § 63.1326(e)(2).
399

4. Report all batch cycle daily average exit tempera-

tures that are above the maximum operating value
established in the NCS or operating permit and all
instances when monitoring data are not col-
lected—PR. d e
Carbon Adsorber f ........................... a. Total regeneration steam flow or 1. Record the total regeneration steam flow or nitro-
nitrogen flow, or pressure (gauge gen flow, or pressure for each carbon bed regen-
or absolute) during carbon bed eration cycle.
regeneration cycle(s), and. 2. Record and report the total regeneration steam
flow or nitrogen flow, or pressure during carbon
bed regeneration cycle measured during the per-
formance test—NCS. c
3. Report all carbon bed regeneration cycles when
the total regeneration steam flow or nitrogen flow,
or pressure is above the maximum value estab-
lished in the NCS or operating permit—PR. d e
b. Temperature of the carbon bed 1. Record the temperature of the carbon bed after
after regeneration and within 15 each regeneration and within 15 minutes of com-
minutes of completing any cool- pleting any cooling cycle(s).
ing cycle(s).
2. Record and report the temperature of the carbon
bed after each regeneration and within 15 minutes
of completing any cooling cycle(s) measured dur-
ing the performance test—NCS. c
3. Report all carbon bed regeneration cycles when
the temperature of the carbon bed after regenera-
tion, or within 15 minutes of completing any cool-
ing cycle(s), is above the maximum value estab-
lished in the NCS or operating permit—PR. d e
All control devices ........................... a. Diversion to the atmosphere 1. Hourly records of whether the flow indicator was
from the control device or. operating during batch emission episodes, or por-
tions thereof, selected for control and whether a
diversion was detected at any time during said pe-
riods as specified in § 63.1326(e)(3).
2. Record and report the times of all periods during
batch emission episodes, or portions thereof, se-
lected for control when emissions are diverted
through a bypass line or the flow indicator is not
operating—PR. d
b. Monthly inspection of sealed 1. Records that monthly inspections were performed
valves.. as specified in § 63.1326(e)(4)(i).
2. Record and report all monthly inspections that
show the valves are in the diverting position or
that a seal has been broken—PR. d
Absorber, condenser, and carbon Concentration level or reading indi- 1. Continuous records as specified in
Adsorber (as an alternative to the cated by an organic monitoring § 63.1326(e)(1). b
requirements previously pre- device at the outlet of the control 2. Record and report the average batch vent con-
sented in this table). device. centration level or reading measured during the
performance test—NCS. c
3. Record the batch cycle daily average concentra-
tion level or reading as specified § 63.1326(e)(2).
4. Report all batch cycle daily average concentration
levels or readings that are above the maximum
value established in the NCS or operating permit
and all instances when monitoring data are not
collected—PR. d e
a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat
exchange is encountered.
b ‘‘Continuous records’’ is defined in § 63.111.
c NCS = Notification of Compliance Status described in § 63.1335(e)(5).
d PR = Periodic Reports described in § 63.1335(e)(6).
e The periodic reports shall include the duration of periods when monitoring data are not collected as specified in
§ 63.1335(e)(6)(iii)(C).
f Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of this table.
[66 FR 36939, July 16, 2001]

400
TABLE 8 TO SUBPART JJJ OF PART 63—OPERATING PARAMETERS FOR WHICH LEVELS

ARE REQUIRED TO BE ESTABLISHED FOR CONTINUOUS AND BATCH PROCESS VENTS
AND AGGREGATE BATCH VENT STREAMS
Device Parameters to be monitored Established operating parameter(s)
Thermal incinerator .............................. Firebox temperature ............................................ Minimum temperature.

Catalytic incinerator ............................. Temperature upstream and downstream of the Minimum upstream temperature; and
catalyst bed. minimum temperature difference
across the catalyst bed.
Boiler or process heater ...................... Firebox temperature ............................................ Minimum temperature.
Scrubber for halogenated vents .......... pH of scrubber effluent; and scrubber liquid and Minimum pH; and minimum liquid/
gas flow rates [§ 63.1324(b)(4)(ii)]. gas ratio.
Absorber .............................................. Exit temperature of the absorbing liquid; and Maximum temperature; and max-
exit specific gravity of the absorbing liquid. imum specific gravity.
Condenser ........................................... Exit temperature .................................................. Maximum temperature.
Carbon adsorber .................................. Total regeneration steam flow or nitrogen flow, Maximum flow or pressure; and max-
or pressure (gauge or absolute) a during car- imum temperature.
bon bed regeneration cycle; and temperature
of the carbon bed after regeneration (and
within 15 minutes of completing any cooling
cycle(s)).
Other devices (or as an alternate to HAP concentration level or reading at outlet of Maximum HAP concentration or
the requirements previously pre- device. reading.
sented in this table) b.
a 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers.
b Concentration is measured instead of an operating parameter.
[65 FR 38145, June 19, 2000]
TABLE 9 TO SUBPART JJJ OF PART 63—ROUTINE REPORTS REQUIRED BY THIS

SUBPART
Reference Description of report Due date
§ 63.1335(b) and subpart A ....................... Refer to Table 1 and subpart A .............. Refer to subpart A.
§ 63.1335(e)(3) .......................................... Precompliance Report a ........................... Existing affected sources—December
19, 2000. New affected sources—with
application for approval of construction
or reconstruction.
§ 63.1335(e)(4) .......................................... Emissions Averaging Plan ...................... September 19, 2000.
§ 63.1335(e)(4)(iv) ..................................... Updates to Emissions Averaging Plan .... 120 days prior to making the change ne-
cessitating the update.
§ 63.1335(e)(5) .......................................... Notification of Compliance Status b ......... Within 150 days after the compliance
date.
§ 63.1335(e)(6) .......................................... Periodic Reports ...................................... Semiannually, no later than 60 days
after the end of each 6-month period.
See § 63.1335(e)(6)(i) for the due date
for the first report.
§ 63.1335(e)(6)(xi) ..................................... Quarterly reports for Emissions Aver- No later than 60 days after the end of
aging. each quarter. First report is due with
the Notification of Compliance Status.
§ 63.1335(e)(6)(xii) ..................................... Quarterly reports upon request of the No later than 60 days after the end of
Administrator. each quarter.
§ 63.1335(e)(7)(i) ....................................... Storage Vessels Notification of Inspec- At least 30 days prior to the refilling of
tion. each storage vessel or the inspection
of each storage vessel.
§ 63.1335(e)(7)(ii) ...................................... Requests for Approval of a Nominal Initial submittal is due with the Emis-
Control Efficiency for Use in Emis- sions Averaging Plan specified in
sions Averaging. § 63.1335(e)(4)(ii); later submittals are
made at the discretion of the owner or
operator as specified in
§ 63.1335(e)(7)(ii) (B).
§ 63.1335(e)(7)(iii) ...................................... Notification of Change in the Primary 1. For notification under
Product. § 63.1310(f)(3)(ii)—notification sub-
mittal date at the discretion of the
owner or operator.c
2. For notification under
§ 63.1310(f)(4)(ii)—within 6 months of
making the determination.
a There may be two versions of this report due at different times; one for equipment subject to § 63.1331 and one for other
emission points subject to this subpart.
b There will be two versions of this report due at different times; one for equipment subject to § 63.1331 and one for other
emission points subject to this subpart.
401
§ 63.1340 40 CFR Ch. I (7–1–16 Edition)
c Note that the TPPU remains subject to this subpart until the notification under § 63.1310(f)(3)(i) is made.
[66 FR 36939, July 16, 2001]
Subpart KKK [Reserved] 60 of this chapter are not subject to

this subpart. Crushers are not covered
Subpart LLL—National Emission by this subpart regardless of their loca-
tion.
Standards for Hazardous Air (d) If you are subject to any of the
Pollutants From the Portland provisions of this subpart you are also
Cement Manufacturing Indus- subject to title V permitting require-
try ments.
SOURCE: 64 FR 31925, June 14, 1999, unless FR 10036, Feb. 12, 2013]
otherwise noted.
§ 63.1341 Definitions.
GENERAL
All terms used in this subpart that
§ 63.1340 What parts of my plant does are not defined in this section have the
this subpart cover? meaning given to them in the CAA and
(a) The provisions of this subpart in subpart A of this part.
apply to each new and existing port- Affirmative defense means, in the con-
land cement plant which is a major text of an enforcement proceeding, a
source or an area source as defined in response or defense put forward by a
§ 63.2. defendant, regarding which the defend-
(b) The affected sources subject to ant has the burden of proof, and the
this subpart are: merits of which are independently and
(1) Each kiln including alkali by- objectively evaluated in a judicial or
passes and inline coal mills, except for administrative proceeding.
kilns that burn hazardous waste and Alkali bypass means a duct between
are subject to and regulated under sub- the feed end of the kiln and the pre-
part EEE of this part; heater tower through which a portion
(2) Each clinker cooler at any port- of the kiln exit gas stream is with-
land cement plant; drawn and quickly cooled by air or
(3) Each raw mill at any portland ce- water to avoid excessive buildup of al-
ment plant; kali, chloride and/or sulfur on the raw
(4) Each finish mill at any portland feed. This may also be referred to as
cement plant; the ‘‘kiln exhaust gas bypass’’.
(5) Each raw material dryer at any Bagging system means the equipment
portland cement plant; which fills bags with portland cement.
(6) Each raw material, clinker, or fin- Bin means a manmade enclosure for
ished product storage bin at any port- storage of raw materials, clinker, or
land cement plant that is a major finished product prior to further proc-
source; essing at a portland cement plant.
(7) Each conveying system transfer Clinker means the product of the
point including those associated with process in which limestone and other
coal preparation used to convey coal materials are heated in the kiln and is
from the mill to the kiln at any port- then ground with gypsum and other
land cement plant that is a major materials to form cement.
source; Clinker cooler means equipment into
(8) Each bagging and bulk loading which clinker product leaving the kiln
and unloading system at any portland is placed to be cooled by air supplied by
cement plant that is a major source; a forced draft or natural draft supply
and system.
(9) Each open clinker storage pile at Continuous monitor means a device
any portland cement plant. which continuously samples the regu-
(c) Onsite sources that are subject to lated parameter specified in § 63.1350 of
standards for nonmetallic mineral this subpart without interruption,
processing plants in subpart OOO, part evaluates the detector response at
402
least once every 15 seconds, and com- Hazardous waste is defined in § 261.3 of
putes and records the average value at this chapter.
least every 60 seconds, except during In-line coal mill means those coal
allowable periods of calibration and ex- mills using kiln exhaust gases in their
cept as defined otherwise by the con- process. Coal mills with a heat source
tinuous emission monitoring system other than the kiln or coal mills using
performance specifications in appendix exhaust gases from the clinker cooler
B to part 60 of this chapter. are not an in-line coal mill.
Conveying system means a device for In-line kiln/raw mill means a system
transporting materials from one piece in a portland cement production proc-
of equipment or location to another lo- ess where a dry kiln system is inte-
cation within a facility. Conveying sys- grated with the raw mill so that all or
tems include but are not limited to the a portion of the kiln exhaust gases are
following: feeders, belt conveyors, used to perform the drying operation of
bucket elevators and pneumatic sys- the raw mill, with no auxiliary heat
tems. source used. In this system the kiln is
Conveying system transfer point means capable of operating without the raw
a point where any material including mill operating, but the raw mill cannot
but not limited to feed material, fuel, operate without the kiln gases, and
clinker or product, is transferred to or consequently, the raw mill does not
from a conveying system, or between generate a separate exhaust gas
separate parts of a conveying system. stream.
Kiln means a device, including any
Crusher means a machine designed to
associated preheater or precalciner de-
reduce large rocks from the quarry
vices, inline raw mills, inline coal mills
into materials approximately the size
or alkali bypasses that produces clink-
of gravel.
er by heating limestone and other ma-
Dioxins and furans (D/F)means tetra-, terials for subsequent production of
penta-, hexa-, hepta-, and octa- portland cement. Because the inline
chlorinated dibenzo dioxins and furans. raw mill and inline coal mill are con-
Facility means all contiguous or ad- sidered an integral part of the kiln, for
joining property that is under common purposes of determining the appro-
ownership or control, including prop- priate emissions limit, the term kiln
erties that are separated only by a road also applies to the exhaust of the inline
or other public right-of-way. raw mill and the inline coal mill.
Feed means the prepared and mixed Kiln exhaust gas bypass means alkali
materials, which include but are not bypass.
limited to materials such as limestone, Monovent means an exhaust configu-
clay, shale, sand, iron ore, mill scale, ration of a building or emission control
cement kiln dust and flyash, that are device (e. g. positive pressure fabric fil-
fed to the kiln. Feed does not include ter) that extends the length of the
the fuels used in the kiln to produce structure and has a width very small in
heat to form the clinker product. relation to its length (i. e., length to
Finish mill means a roll crusher, ball width ratio is typically greater than
and tube mill or other size reduction 5:1). The exhaust may be an open vent
equipment used to grind clinker to a with or without a roof, louvered vents,
fine powder. Gypsum and other mate- or a combination of such features.
rials may be added to and blended with New brownfield kiln, in-line kiln raw
clinker in a finish mill. The finish mill mill, or raw material dryer means a kiln,
also includes the air separator associ- in-line kiln/raw mill or raw material
ated with the finish mill. dryer for which construction is com-
Greenfield kiln, in-line kiln/raw mill, or menced at a plant site (where kilns
raw material dryer means a kiln, in-line and/or in-line kiln/raw mills were in
kiln/raw mill, or raw material dryer for operation prior to March 24, 1998) after
which construction is commenced at a March 24, 1998.
plant site (where no kilns and no in- New source means any source that
line kiln/raw mills were in operation at commenced construction or recon-

any time prior to March 24, 1998) after struction after May 6, 2009, for purposes
March 24, 1998. of determining the applicability of the
403
§ 63.1341 40 CFR Ch. I (7–1–16 Edition)
kiln, clinker cooler and raw material days. For demonstration of compliance
dryer emissions limits for mercury, with an emissions limit based on lbs-
PM, THC, and HCl. pollutant per production unit the 30-
One-minute average means the aver- day rolling average is calculated by
age of thermocouple or other sensor re- summing the hourly mass emissions
sponses calculated at least every 60 over the previous 30 operating days,
seconds from responses obtained at then dividing that sum by the total
least once during each consecutive 15 production during the same period.
second period. Run average means the average of the
Open clinker storage pile means a recorded parameter values for a run.
clinker storage pile on the ground for Shutdown means the cessation of kiln
more than three days that is not com- operation. Shutdown begins when feed
pletely enclosed in a building or struc- to the kiln is halted and ends when
ture. continuous kiln rotation ceases.
Operating day means any 24-hour pe- Sorbent means activated carbon,
riod beginning at 12:00 midnight during lime, or any other type of material in-
which the kiln produces any amount of jected into kiln exhaust for the pur-
clinker. For calculating the 30-day poses of capturing and removing any
rolling average emissions, kiln oper- hazardous air pollutant.
ating days do not include the hours of Startup means the time from when a
operation during startup or shutdown. shutdown kiln first begins firing fuel
Portland cement plant means any fa- until it begins producing clinker.
cility manufacturing portland cement. Startup begins when a shutdown kiln
Raw material dryer means an impact turns on the induced draft fan and be-
dryer, drum dryer, paddle-equipped gins firing fuel in the main burner.
rapid dryer, air separator, or other Startup ends when feed is being con-
equipment used to reduce the moisture tinuously introduced into the kiln for
content of feed or other materials. at least 120 minutes or when the feed
Raw mill means a ball and tube mill, rate exceeds 60 percent of the kiln de-
vertical roller mill or other size reduc- sign limitation rate, whichever occurs
tion equipment, that is not part of an first.
in-line kiln/raw mill, used to grind feed TEQ means the international method
to the appropriate size. Moisture may of expressing toxicity equivalents for
be added or removed from the feed dur- dioxins and furans as defined in U.S.
ing the grinding operation. If the raw EPA, Interim Procedures for Esti-
mill is used to remove moisture from mating Risks Associated with Expo-
feed materials, it is also, by definition, sures to Mixtures of Chlorinated
a raw material dryer. The raw mill also Dibenzo-p-dioxins and -dibenzofurans
includes the air separator associated (CDDs and CDFs) and 1989 Update,
with the raw mill. March 1989.
Rolling average means the weighted Total organic HAP means, for the pur-
average of all data, meeting QA/QC re- poses of this subpart, the sum of the
quirements or otherwise normalized, concentrations of compounds of form-
collected during the applicable aver- aldehyde, benzene, toluene, styrene, m-
aging period. The period of a rolling av- xylene, p-xylene, o-xylene, acetal-
erage stipulates the frequency of data dehyde, and naphthalene as measured
averaging and reporting. To dem- by EPA Test Method 320 or Method 18
onstrate compliance with an operating of appendix A to this part or ASTM
parameter a 30-day rolling average pe- D6348–03 1 or a combination of these
riod requires calculation of a new aver-
age value each operating day and shall 1 When using ASTM D6348–03, the following
include the average of all the hourly conditions must be met:

averages of the specific operating pa- (1) The test plan preparation and imple-
rameter. For demonstration of compli- mentation in the Annexes to ASTM D6348–03,
Sections A1 through A8 are mandatory; (2)
ance with an emissions limit based on For ASTM D6348–03 Annex A5 (Analyte Spik-
pollutant concentration a 30-day rolling Technique), the percent R must be deter-
ing average is comprised of the average mined for each target analyte (see Equation
of all the hourly average concentra- A5.5); (3) For the ASTM D6348–03 test data to
tions over the previous 30 operating be acceptable for a target analyte percent R
404
methods, as appropriate. If measure- § 63.1343 What standards apply to my

ment results for any pollutant are re- kilns, clinker coolers, raw material
ported as below the method detection dryers, and open clinker storage
level (e.g., laboratory analytical re- piles?
sults for one or more sample compo- (a) General. The provisions in this
nents are below the method defined an- section apply to each kiln and any al-
alytical detection level), you must use
kali bypass associated with that kiln,
the method detection level as the
clinker cooler, raw material dryer, and
measured emissions level for that pol-
lutant in calculating the total organic open clinker storage pile. All D/F, HCl,
HAP value. The measured result for a and total hydrocarbon (THC) emissions
multiple component analysis (e.g., ana- limit are on a dry basis. The D/F, HCl,
lytical values for multiple Method 18 and THC limits for kilns are corrected
fractions) may include a combination to 7 percent oxygen. All THC emissions
of method detection level data and an- limits are measured as propane. Stand-
alytical data reported above the meth- ards for mercury and THC are based on
od detection level. The owner or oper- a rolling 30-day average. If using a
ator of an affected source may request CEMS to determine compliance with
the use of other test methods to make the HCl standard, this standard is
this determination under paragraphs based on a rolling 30-day average. You
63.7(e)(2)(ii) and (f) of this part. must ensure appropriate corrections
Totally enclosed conveying system for moisture are made when measuring
transfer point means a conveying sys- flow rates used to calculate mercury
tem transfer point that is enclosed on emissions. The 30-day period means all
all sides, top, and bottom.
operating hours within 30 consecutive
[64 FR 31925, June 14, 1999, as amended at 67 kiln operating days excluding periods
FR 16619, Apr. 5, 2002; 75 FR 55051, Sept. 9, of startup and shutdown. All emissions
2010; 78 FR 10037, Feb. 12, 2013; 80 FR 44778,
limits for kilns, clinker coolers, and
July 27, 2015]
raw material dryers currently in effect
EMISSION STANDARDS AND OPERATING that are superseded by the limits below
LIMITS continue to apply until the compliance
date of the limits below, or until the
§ 63.1342 Standards: General. source certifies compliance with the
Table 1 to this subpart provides cross limits below, whichever is earlier.
references to the 40 CFR part 63, sub- (b) Kilns, clinker coolers, raw material
part A, general provisions, indicating dryers, raw mills, and finish mills. (1) The
the applicability of the general provi- emissions limits for these sources are
sions requirements to subpart LLL. shown in Table 1.
[71 FR 76549, Dec. 20, 2006]
TABLE 1—EMISSIONS LIMITS FOR KILNS, CLINKER COOLERS, RAW MATERIAL DRYERS, RAW AND
FINISH MILLS
And the units of
If your source is a And the operating And if is located at Your emissions The oxygen correc-
the emissions limit
(an): mode is: a: limits are: tion factor is:
are:
1. Existing kiln ...... Normal operation .. Major or area PM 1 0.07 .............. lb/ton clinker ......... NA.
source.
D/F 2 0.2 ................ ng/dscm (TEQ) ..... 7 percent.
Mercury 55 ............ lb/MM tons clinker NA.
THC 3 4 24 ............. ppmvd ................... 7 percent.
2. Existing kiln ...... Normal operation .. Major source ......... HCl 3 ..................... ppmvd ................... 7 percent.
3. Existing kiln ...... Startup and shut- Major or area Work practices NA ......................... NA.
down. source. (63.1346(g)).
must be 70 percent ≥R ≤130 percent; and (4) following equation: Reported Result = The
The percent R value for each compound must
measured concentration in the stack divided

be reported in the test report and all field by the calculated percent R value and then
measurements corrected with the calculated the whole term multiplied by 100.
percent R value for that compound using the
405
§ 63.1343 40 CFR Ch. I (7–1–16 Edition)
TABLE 1—EMISSIONS LIMITS FOR KILNS, CLINKER COOLERS, RAW MATERIAL DRYERS, RAW AND
FINISH MILLS—Continued
And the units of
If your source is a And the operating And if is located at Your emissions The oxygen correc-
the emissions limit
(an): mode is: a: limits are: tion factor is:
are:
4. New kiln ............ Normal operation .. Major or area PM 1 0.02 .............. lb/ton clinker ......... NA.
source.
D/F 2 0.2 ................ ng/dscm (TEQ) ..... 7 percent.
Mercury 21 ............ lb/MM tons clinker NA.
THC 3 4 24 ............. ppmvd ................... 7 percent.
5. New kiln ............ Normal operation .. Major source ......... HCl 3 ..................... ppmvd ................... 7 percent.
6. New kiln ............ Startup and shut- Major or area Work practices NA ......................... NA.
down. source. (63.1346(g)).
7. Existing clinker Normal operation .. Major or area PM 0.07 ................ lb/ton clinker ......... NA.
cooler. source.
8. Existing clinker Startup and shut- Major or area Work practices NA ......................... NA.
cooler. down. source. (63.1348(b)(9)).
9. New clinker Normal operation .. Major or area PM 0.02 ................ lb/ton clinker ......... NA.
cooler. source.
10. New clinker Startup and shut- Major or area Work practices NA ......................... NA.
cooler. down. source. (63.1348(b)(9)).
11. Existing or new Normal operation .. Major or area THC 3 4 24 ............. ppmvd ................... NA.
raw material source.
dryer.
12. Existing or new Startup and shut- Major or area Work practices NA ......................... NA.
raw material down. source. (63.1348(b)(9)).
dryer.
13. Existing or new All operating Major source ......... Opacity 10 ............ percent .................. NA.
raw or finish mill. modes.
1 The initial and subsequent PM performance tests are performed using Method 5 or 5I and consist of three test runs.
2 If the average temperature at the inlet to the first PM control device (fabric filter or electrostatic precipitator) during the D/F
performance test is 400 °F or less, this limit is changed to 0.40 ng/dscm (TEQ).
3 Measured as propane.
4 Any source subject to the 24 ppmvd THC limit may elect to meet an alternative limit of 12 ppmvd for total organic HAP.
(2) When there is an alkali bypass haust and/or alkali bypass and/or coal
and/or an inline coal mill with a sepa- mill exhaust with the kiln exhaust and
rate stack associated with a kiln, the send the combined exhaust to the PM
combined PM emissions from the kiln control device as a single stream may
and the alkali bypass stack and/or the meet an alternative PM emissions
inline coal mill stack are subject to limit. This limit is calculated using
the PM emissions limit. Existing kilns Equation 1 of this section:
that combine the clinker cooler ex-
Where: Qab = The exhaust flow of the alkali bypass

PMalt = Alternative PM emission limit for (dscf/ton feed).
commingled sources. Qcm = The exhaust flow of the coal mill (dscf/
0.006 = The PM exhaust concentration (gr/ ton feed).
dscf) equivalent to 0.070 lb per ton clink- 7000 = The conversion factor for grains (gr)
er where clinker cooler and kiln exhaust per lb.
gas are not combined.
1.65 = The conversion factor of ton feed per For new kilns that combine kiln ex-
ton clinker. haust, clinker cooler gas and/or coal
Qk = The exhaust flow of the kiln (dscf/ton mill and alkali bypass exhaust, the
feed).
Qc = The exhaust flow of the clinker cooler
limit is calculated using Equation 2 of
this section:
(dscf/ton feed).
406
ER27JY15.011</GPH>
Where: fugitive dust emissions from each open

PMalt = Alternative PM emission limit for clinker storage pile.
commingled sources. (2) For open clinker storage piles, the
0.002 = The PM exhaust concentration (gr/ operations and maintenance plan must
dscf) equivalent to 0.020 lb per ton clink- specify that one or more of the fol-
er where clinker cooler and kiln exhaust lowing control measures will be used to
gas are not combined.
1.65 = The conversion factor of ton feed per
minimize to the greatest extent prac-
ton clinker. ticable fugitive dust from open clinker
Qk = The exhaust flow of the kiln (dscf/ton storage piles: Locating the source in-
feed). side a partial enclosure, installing and
Qc = The exhaust flow of the clinker cooler operating a water spray or fogging sys-
(dscf/ton feed). tem, applying appropriate chemical
Qab = The exhaust flow of the alkali bypass dust suppression agents, use of a wind
(dscf/ton feed). barrier, compaction, use of tarpaulin or
Qcm = The exhaust flow of the coal mill (dscf/ other equally effective cover or use of a
ton feed).
vegetative cover. You must select, for
7000 = The conversion factor for gr per lb.
inclusion in the operations and mainte-
(c) Open clinker storage pile. The nance plan, the fugitive dust control
owner or operator of an open clinker measure or measures listed in this
storage pile must prepare, and operate paragraph that are most appropriate
in accordance with, the fugitive dust for site conditions. The plan must also
emissions control measures, described explain how the measure or measures
in their operation and maintenance selected are applicable and appropriate
plan (see § 63.1347 of this subpart), that for site conditions. In addition, the
is appropriate for the site conditions as plan must be revised as needed to re-
specified in paragraphs (c)(1) through flect any changing conditions at the
(3) of this section. The operation and source.
maintenance plan must also describe (3) Temporary piles of clinker that
the measures that will be used to mini- result from accidental spillage or
mize fugitive dust emissions from piles clinker storage cleaning operations
of clinker, such as accidental spillage, must be cleaned up within 3 days.
that are not part of open clinker stor- (d) Emission limits in effect prior to
age piles. September 9, 2010. Any source defined
(1) The operation and maintenance as an existing source in § 63.1351, and
plan must identify and describe the lo- that was subject to a PM, mercury,
cation of each current or future open THC, D/F, or opacity emissions limit
clinker storage pile and the fugitive prior to September 9, 2010, must con-
dust emissions control measures the tinue to meet the limits as shown in
owner or operator will use to minimize Table 2 until September 9, 2015.
TABLE 2—EMISSIONS LIMITS IN EFFECT PRIOR TO SEPTEMBER 9, 2010, FOR KILNS (ROWS 1–4),
CLINKER COOLERS (ROW 5), AND RAW MATERIAL DRYERS (ROWS 6–9)
Your emis-
And if it is lo- And the units of the
If your source is and sions limits
cated at emissions limit are:
are: 1
1. An existing it commenced con- A major PM–0.3 ........ lb/ton feed percent

kiln. struction or recon- source. Opacity–20 ng/dscm (TEQ)
struction on or D/F–0.2 2 ppmvd.
prior to December THC–50 3 4
2, 2005.
407
ER27JY15.012</GPH>
§ 63.1343 40 CFR Ch. I (7–1–16 Edition)
TABLE 2—EMISSIONS LIMITS IN EFFECT PRIOR TO SEPTEMBER 9, 2010, FOR KILNS (ROWS 1–4),
CLINKER COOLERS (ROW 5), AND RAW MATERIAL DRYERS (ROWS 6–9)—Continued
Your emis-
And if it is lo- And the units of the
If your source is and sions limits
cated at emissions limit are:
are: 1
2. An existing it commenced con- A major PM–0.3 ........ lb/ton feed percent

kiln. struction or recon- source. Opacity–20 ng/dscm (TEQ)
struction after De- D/F–0.2 2 ppmvd ug/dscm.
cember 2, 2005. THC–20 3 5
Mercury–41 6
3. An existing it commenced con- An area D/F–0.2 2 ...... ng/dscm (TEQ)
kiln. struction or recon- source. THC–50 3 4 ppmvd.
struction on or
prior to December
2, 2005.
4. An existing it commenced con- An area D/F–0.2 2 ...... ng/dscm (TEQ)
kiln. struction or recon- source. THC– ppmvd ug/dscm.
struction after De- 20 3 5
cember 2, 2005. Mercury–41 6
5. An existing NA ........................... A major PM–0.1 ........ lb/ton feed percent.
clinker cooler. source. Opacity–10
6. An Existing it commenced con- A major THC–50 3 4 ... ppmvd Percent.
raw material struction or recon- source. Opacity–10
dryer. struction on or
prior to December
2, 2005.
7. An Existing it commenced con- A major THC–20 3 5 ... ppmvd percent.
raw material struction or recon- source. Opacity–10
dryer. struction after De-
cember 2, 2005.
8. An Existing it commenced con- An area THC–50 3 4 ... ppmvd.
raw material struction or recon- source.
dryer. struction on or
prior to December
2, 2005.
9. An Existing it commenced con- An area THC–20 3 5 ... ppmvd.
raw material struction or recon- source.
dryer. struction after De-
cember 2, 2005.
1 All emission limits expressed as a concentration basis (ppmvd, ng/dscm) are corrected to
seven percent oxygen.
2 If the average temperature at the inlet to the first particulate matter control device (fabric filter
or electrostatic precipitator) during the D/F performance test is 400 °F or less, this limit is
changed to 0.4 ng/dscm (TEQ).
3 Measured as propane.
4 Only applies to Greenfield kilns or raw material dryers.
5 As an alternative, a source may demonstrate a 98 percent reduction in THC emissions from
the exit of the kiln or raw material dryer to discharge to the atmosphere. Inline raw mills are con-
sidered to be an integral part of the kiln.
6 As an alternative, a source may route the emissions through a packed bed or spray tower
wet scrubber with a liquid-to-gas ratio of 30 gallons per 1000 actual cubic feet per minute or
more and meet a site-specific emission limit based on the measured performance of the wet
scrubber.
408
[78 FR 10037, Feb. 12, 2013, as amended at 80 (3) If the in-line kiln/raw mill is
FR 44779, July 27, 2015] equipped with an alkali bypass, the ap-
plicable temperature limit for the al-
§ 63.1344 [Reserved] kali bypass specified in paragraph (b)
§ 63.1345 Emissions limits for affected of this section and established during
sources other than kilns; clinker the performance test, with or without
coolers; new and reconstructed raw the raw mill operating, is not exceeded,
material dryers. except during periods of startup/shut-
The owner or operator of each new or down when the temperature limit may
existing raw material, clinker, or fin- be exceeded by no more than 10 per-
ished product storage bin; conveying cent.
system transfer point; bagging system; (b) The temperature limit for af-
bulk loading or unloading system; raw fected sources meeting the limits of
and finish mills; and each existing raw paragraph (a) of this section or para-
material dryer, at a facility which is a graphs (a)(1) through (a)(3) of this sec-
major source subject to the provisions tion is determined in accordance with
of this subpart must not cause to be § 63.1349(b)(3)(iv).
discharged any gases from these af- (c) For an affected source subject to
fected sources which exhibit opacity in a D/F emissions limitation under
excess of 10 percent. § 63.1343 that employs sorbent injection
as an emission control technique for D/
[78 FR 10039, Feb. 12, 2013] F control, you must operate the sor-
bent injection system in accordance
§ 63.1346 Operating limits for kilns. with paragraphs (c)(1) and (2) of this
(a) The owner or operator of a kiln section.
subject to a D/F emissions limitation (1) The rolling three-hour average ac-
under § 63.1343 must operate the kiln tivated sorbent injection rate must be
such that the temperature of the gas at equal to or greater than the sorbent in-
the inlet to the kiln PM control device jection rate determined in accordance
(PMCD) and alkali bypass PMCD, if ap- with § 63.1349(b)(3)(vi).
plicable, does not exceed the applicable (2) You must either:
temperature limit specified in para- (i) Maintain the minimum activated
graph (b) of this section. The owner or carbon injection carrier gas flow rate,
operator of an in-line kiln/raw mill as a rolling three-hour average, based
subject to a D/F emissions limitation on the manufacturer’s specifications.
under § 63.1343 must operate the in-line These specifications must be docu-
kiln/raw mill, such that: mented in the test plan developed in
(1) When the raw mill of the in-line accordance with § 63.7(c), or
kiln/raw mill is operating, the applica- (ii) Maintain the minimum activated
ble temperature limit for the main in- carbon injection carrier gas pressure
line kiln/raw mill exhaust, specified in drop, as a rolling three-hour average,
paragraph (b) of this section and estab- based on the manufacturer’s specifica-
lished during the performance test tions. These specifications must be
when the raw mill was operating, is not documented in the test plan developed
exceeded, except during periods of in accordance with § 63.7(c).
startup and shutdown when the tem- (d) Except as provided in paragraph
perature limit may be exceeded by no (e) of this section, for an affected
more than 10 percent. source subject to a D/F emissions limi-
(2) When the raw mill of the in-line tation under § 63.1343 that employs car-
kiln/raw mill is not operating, the ap- bon injection as an emission control
plicable temperature limit for the technique you must specify and use the
main in-line kiln/raw mill exhaust, brand and type of sorbent used during
specified in paragraph (b) of this sec- the performance test until a subse-
tion and established during the per- quent performance test is conducted,
formance test when the raw mill was unless the site-specific performance
not operating, is not exceeded, except test plan contains documentation of
during periods of startup/shutdown key parameters that affect adsorption

when the temperature limit may be ex- and the owner or operator establishes
ceeded by no more than 10 percent. limits based on those parameters, and
409
§ 63.1347 40 CFR Ch. I (7–1–16 Edition)
the limits on these parameters are turned off during shutdown. Particu-
maintained. late control and all remaining devices
(e) For an affected source subject to that control hazardous air pollutants
a D/F emissions limitation under should be operational during startup
§ 63.1343 that employs carbon injection and shutdown.
as an emission control technique you (4) You must keep records as speci-
may substitute, at any time, a dif- fied in § 63.1355 during periods of start-
ferent brand or type of sorbent pro- up and shutdown.
vided that the replacement has equiva- [75 FR 55054, Sept. 9, 2010, as amended at 78
lent or improved properties compared FR 10039, Feb. 12, 2013; 80 FR 44781, July 27,
to the sorbent specified in the site-spe- 2015]
cific performance test plan and used in
the performance test. The owner or op- § 63.1347 Operation and maintenance
erator must maintain documentation plan requirements.
that the substitute sorbent will provide (a) You must prepare, for each af-
the same or better level of control as fected source subject to the provisions
the original sorbent. of this subpart, a written operations
(f) No kiln may use as a raw material and maintenance plan. The plan must
or fuel any fly ash where the mercury be submitted to the Administrator for
content of the fly ash has been in- review and approval as part of the ap-
creased through the use of activated plication for a part 70 permit and must
carbon, or any other sorbent, unless include the following information:
the facility can demonstrate that the (1) Procedures for proper operation
use of that fly ash will not result in an and maintenance of the affected source
increase in mercury emissions over and air pollution control devices in
baseline emissions (i.e., emissions not order to meet the emissions limits and
using the fly ash). The facility has the operating limits, including fugitive
burden of proving there has been no dust control measures for open clinker
emissions increase over baseline. Once piles of §§ 63.1343, 63.1345, and 63.1346.
the kiln is in compliance with a mer- Your operations and maintenance plan
cury emissions limit specified in must address periods of startup and
§ 63.1343, this paragraph no longer ap- shutdown.
plies. (2) Corrective actions to be taken
(g) During periods of startup and when required by paragraph
shutdown you must meet the require- § 63.1350(f)(3);
ments listed in (g)(1) through (4) of this (3) Procedures to be used during an
section. inspection of the components of the
(1) During startup you must use any combustion system of each kiln and
one or combination of the following each in-line kiln raw mill located at
clean fuels: natural gas, synthetic nat- the facility at least once per year.
ural gas, propane, distillate oil, syn- (b) Failure to comply with any provi-
thesis gas (syngas), and ultra-low sul- sion of the operations and maintenance
fur diesel (ULSD) until the kiln plan developed in accordance with this
reaches a temperature of 1200 degrees section is a violation of the standard.
Fahrenheit. [75 FR 55054, Sept. 9, 2010, as amended at 78
(2) Combustion of the primary kiln FR 10040, Feb. 12, 2013; 80 FR 44781, July 27,
fuel may commence once the kiln tem- 2015]
perature reaches 1200 degrees Fahr-
enheit. § 63.1348 Compliance requirements.
(3) All dry sorbent and activated car- (a) Initial Performance Test Require-
bon systems that control hazardous air ments. For an affected source subject to
pollutants must be turned on and oper- this subpart, you must demonstrate
ating at the time the gas stream at the compliance with the emissions stand-
inlet to the baghouse or ESP reaches ards and operating limits by using the
300 degrees Fahrenheit (five minute av- test methods and procedures in
erage) during startup. Temperature of §§ 63.1349 and 63.7. Any cement kiln that
the gas stream is to be measured at the has been subject to the requirements of
inlet of the baghouse or ESP every subpart CCCC or subpart DDDD of 40
minute. Such injection systems can be CFR Part 60, and is now electing to
410
cease burning nonhazardous solid mill is not operating. Determine the D/

waste and become subject to this sub- F TEQ concentration for each run and
part, must meet all the initial compli- calculate the arithmetic average of the
ance testing requirements each time it TEQ concentrations measured for the
becomes subject to this subpart, even if three runs to determine continuous
it was previously subject to this sub- compliance.
part. (ii) If you are subject to a D/F emis-
NOTE TO PARAGRAPH (a): The first day of sions limitation under § 63.1343(b), you
the 30 operating day performance test is the must demonstrate compliance with the
first day after the compliance date following temperature operating limits specified
completion of the field testing and data col- in § 63.1346 by using the performance
lection that demonstrates that the CPMS or test methods and procedures in
CEMS has satisfied the relevant CPMS per- § 63.1349(b)(3)(ii) through (b)(3)(iv). Use
formance evaluation or CEMS performance the arithmetic average of the tempera-
specification (e.g., PS 2, 12A, or 12B) accept-
ance criteria. The performance test period is tures measured during the three runs
complete at the end of the 30th consecutive to determine the applicable tempera-
operating day. See § 63.1341 for definition of ture limit.
operating day and § 63.1348(b)(1) for the CEMS (iii) If activated carbon injection is
operating requirements. The source has the used and you are subject to a D/F emis-
option of performing the compliance test sions limitation under § 63.1343(b), you
earlier then the compliance date if desired. must demonstrate compliance with the
(1) PM Compliance. If you are subject activated carbon injection rate oper-
to limitations on PM emissions under ating limits specified in § 63.1346 by
§ 63.1343(b), you must demonstrate com- using the performance test methods
pliance with the PM emissions stand- and procedures in § 63.1349(b)(3)(v).
ards by using the test methods and pro- (iv) If activated carbon injection is
cedures in § 63.1349(b)(1). used, you must also develop a carrier
(2) Opacity Compliance. If you are sub- gas parameter (either the carrier gas
ject to the limitations on opacity flow rate or the carrier gas pressure
under § 63.1345, you must demonstrate drop) during the initial performance
compliance with the opacity emissions test and updated during any subse-
standards by using the performance quent performance test conducted
test methods and procedures in under § 63.1349(b)(3) that meets the re-
§ 63.1349(b)(2). Use the maximum 6- quirements of § 63.1349(b)(3)(vi). Compli-
minute average opacity exhibited dur- ance is demonstrated if the system is
ing the performance test period to de- maintained within ±5 percent accuracy
termine whether the affected source is during the performance test deter-
in compliance with the standard. mined in accordance with the proce-
(3) D/F compliance. (i) If you are sub- dures and criteria submitted for review
ject to limitations on D/F emissions in your monitoring plan required in
under § 63.1343(b), you must dem- section 63.1350(p).
onstrate initial compliance with the D/ (4)(i) THC Compliance. If you are sub-
F emissions standards by using the per- ject to limitations on THC emissions
formance test methods and procedures under § 63.1343(b), you must dem-
in § 63.1349(b)(3). The owner or operator onstrate compliance with the THC
of a kiln with an in-line raw mill must emissions standards by using the per-
demonstrate initial compliance by conformance test methods and procedures
ducting separate performance tests in § 63.1349(b)(4)(i). You must use the
while the raw mill is operating and the average THC concentration obtained
raw mill is not operating. The D/F con- during the first 30 kiln operating days
centration must be determined for each after the compliance date of this rule
run and the arithmetic average of the to determine initial compliance.
concentrations measured for the three (ii) Total Organic HAP Emissions Tests.
runs must be calculated to determine If you elect to demonstrate compliance
compliance. The owner or operator of a with the total organic HAP emissions
kiln with an in-line raw mill must limit under § 63.1343(b) in lieu of the
demonstrate compliance by conducting THC emissions limit, you must dem-

separate performance tests while the onstrate compliance with the total or-
raw mill is operating and while the raw ganic HAP emissions standards by
411
§ 63.1348 40 CFR Ch. I (7–1–16 Edition)
using the performance test methods duration of each integrated sampling

and procedures in § 63.1349(b)(7. period, you may not be able to cal-
(iii) If you are demonstrating initial culate the 30 kiln operating day emis-
compliance, you must conduct the sep- sions value until several days after the
arate performance tests as specified in end of the 30 kiln operating day per-
§ 63.1349(b)(7) while the raw mill of the formance test period.
inline kiln/raw mill is operating and (ii) For example, a sorbent trap mon-
while the raw mill of the inline kiln/ itoring system producing an integrated
raw mill is not operating. 7-day sample will provide Hg con-
(iv) The time weighted average total centration data for each hour of the
organic HAP concentration measured first 28 kiln operating days (i.e., four
during the separate initial performance values spanning 7 days each) of a 30 op-
test specified by § 63.1349(b)(7) must be erating day period. The Hg concentra-
used to determine initial compliance. tion values for the hours of the last 2
(v) The time weighted average THC days of the 30 operating day period will
concentration measured during the ini- not be available for calculating the
tial performance test specified by emissions for the performance test pe-
§ 63.1349(b)(4) must be used to determine riod until at least five days after the
the site-specific THC limit. Using the end of the subject period.
fraction of time the inline kiln/raw (6) HCl Compliance. If you are subject
mill is on and the fraction of time that to limitations on HCl emissions under
the inline kiln/raw mill is off, calculate § 63.1343(b), you must demonstrate ini-
this limit as a time weighted average tial compliance with the HCl standards
of the THC levels measured during raw by using the performance test methods
mill on and raw mill off testing using and procedures in § 63.1349(b)(6).
one of the two approaches in (i) For an affected source that is
§ 63.1349(b)(7)(vii) or (viii) depending on equipped with a wet scrubber, tray
the level of organic HAP measured dur- tower or dry scrubber, you may dem-
ing the compliance test. onstrate initial compliance by con-
(5) Mercury Compliance. If you are ducting a performance test as specified
subject to limitations on mercury in § 63.1349(b)(6)(i). You must determine
emissions in § 63.1343(b), you must dem- the HCl concentration for each run and
onstrate compliance with the mercury calculate the arithmetic average of the
standards by using the performance concentrations measured for the three
test methods and procedures in runs to determine compliance. You
§ 63.1349(b)(5). You must demonstrate must also establish appropriate site-
compliance by operating a mercury specific operational parameter limits.
CEMS or a sorbent trap based CEMS. (ii) For an affected source that is not
Compliance with the mercury emis- equipped with a wet scrubber, tray
sions standard must be determined tower or dry scrubber, you must dem-
based on the first 30 operating days you onstrate initial compliance by oper-
operate a mercury CEMS or sorbent ating a CEMS as specified in
trap monitoring system after the com- § 63.1349(b)(6)(ii). You must use the av-
pliance date of this rule. erage of the hourly HCl values obtained
(i) In calculating a 30 operating day during the first 30 kiln operating days
emissions value using an integrating that occur after the compliance date of
sorbent trap CEMS, assign the average this rule to determine initial compli-
Hg emissions concentration deter- ance.
mined for an integrating period (e.g., 7 (7) Commingled Exhaust Requirements.
day sorbent trap monitoring system If the coal mill exhaust is commingled
sample) to each relevant hour of the with kiln exhaust in a single stack,
kiln operating days spanned by each you may demonstrate compliance with
integrated sample. Calculate the 30 the kiln emission limits by either:
kiln operating day emissions rate value (i) Performing required emissions
using the assigned hourly Hg emissions monitoring and testing on the commin-
concentrations and the respective flow gled coal mill and kiln exhaust, or
and production rate values collected (ii) Perform required emission moni-
during the 30 kiln operating day per- toring and testing of the kiln exhaust
formance test period. Depending on the prior to the reintroduction of the coal
412
mill exhaust, and also testing the kiln (3) Opacity Compliance. If you are sub-
exhaust diverted to the coal mill. All ject to the limitations on opacity
emissions must be added together for under § 63.1345, you must demonstrate
all emission points, and must not ex- compliance using the monitoring
ceed the limit per each pollutant as methods and procedures in § 63.1350(f)
listed in S63.1343(b). based on the maximum 6-minute aver-
(b) Continuous Monitoring Require- age opacity exhibited during the per-
ments. You must demonstrate compli- formance test period. You must ini-
ance with the emissions standards and tiate corrective actions within one
operating limits by using the perform- hour of detecting visible emissions
ance test methods and procedures in above the applicable limit.
§§ 63.1350 and 63.8 for each affected (i) COMS. If you install a COMS in
source. lieu of conducting the daily visible
(1) General Requirements. (i) You must emissions testing, you must dem-
monitor and collect data according to onstrate compliance using a COMS
§ 63.1350 and the site-specific moni- such that it is installed, operated, and
toring plan required by § 63.1350(p). maintained in accordance with the re-
(ii) Except for periods of startup and quirements of § 63.1350(f)(4)(i).
shutdown, monitoring system malfunc- (ii) Bag leak determination system
tions, repairs associated with moni- (BLDS). If you install a BLDS on a raw
toring system malfunctions, and re- mill or finish mill in lieu of conducting
quired monitoring system quality as- the daily visible emissions testing, you
surance or quality control activities must demonstrate compliance using a
(including, as applicable, calibration BLDS that is installed, operated, and
checks and required zero and span ad- maintained in accordance with the re-
justments), you must operate the mon- quirements of § 63.1350(f)(4)(ii).
itoring system and collect data at all (4) D/F Compliance. If you are subject
required intervals at all times the af- to a D/F emissions limitation under
fected source is operating. § 63.1343(b), you must demonstrate com-
(iii) You may not use data recorded pliance using a CMS that is installed,
during monitoring system startup, operated and maintained to record the
shutdown or malfunctions or repairs temperature of specified gas streams in
associated with monitoring system accordance with the requirements of
malfunctions in calculations used to § 63.1350(g).
report emissions or operating levels. A (5)(i) Activated Carbon Injection Com-
monitoring system malfunction is any pliance. If you use activated carbon in-
sudden, infrequent, not reasonably pre- jection to comply with the D/F emis-
ventable failure of the monitoring sys- sions limitation under § 63.1343(b), you
tem to provide valid data. Monitoring must demonstrate compliance using a
system failures that are caused in part CMS that is installed, operated, and
by poor maintenance or careless oper- maintained to record the rate of acti-
ation are not malfunctions. You must vated carbon injection in accordance
use all the data collected during all with the requirements § 63.1350(h)(1).
other periods in assessing the oper- (ii) If you use activated carbon injec-
ation of the control device and associ- tion to comply with the D/F emissions
ated control system. limitation under § 63.1343(b), you must
(iv) Clinker Production. If you are sub- demonstrate compliance using a CMS
ject to limitations on mercury emis- that is installed, operated and main-
sions (lb/MM tons of clinker) under tained to record the activated carbon
§ 63.1343(b), you must determine the injection system gas parameter in ac-
hourly production rate of clinker accordance with the requirements of
cording to the requirements of § 63.1350(h)(2).
§ 63.1350(d). (6) THC Compliance. (i) If you are sub-
(2) PM Compliance. If you are subject ject to limitations on THC emissions
to limitations on PM emissions under under § 63.1343(b), you must dem-
§ 63.1343(b), you must use the moni- onstrate compliance using the moni-
toring methods and procedures in toring methods and procedures in
§ 63.1350(b) and (d). § 63.1350(i) and (j).
413
§ 63.1348 40 CFR Ch. I (7–1–16 Edition)
(ii) THC must be measured either up- systems that control hazardous air pol-
stream of the coal mill or in the coal lutants must be turned on and oper-
mill stack. ating at the time the gas stream at the
(7) Mercury Compliance. (i) If you are inlet to the baghouse or ESP reaches
subject to limitations on mercury 300 degrees Fahrenheit (five minute av-
emissions in § 63.1343(b), you must dem- erage) during startup. Temperature of
onstrate compliance using the moni- the gas stream is to be measured at the
toring methods and procedures in inlet of the baghouse or ESP every
§ 63.1350(k). If you use an integrated minute. Such injection systems can be
sorbent trap monitoring system to de- turned off during shutdown. Particu-
termine ongoing compliance, use the late control and all remaining devices
procedures described in § 63.1348(a)(5) to that control hazardous air pollutants
assign hourly mercury concentration should be operational during startup
values and to calculate rolling 30 oper- and shutdown.
ating day emissions rates. Since you (c) Changes in operations. (1) If you
assign the mercury concentration plan to undertake a change in oper-
measured with the sorbent trap to each ations that may adversely affect com-
relevant hour respectively for each op- pliance with an applicable standard,
erating day of the integrated period, operating limit, or parametric moni-
you may schedule the sorbent trap toring value under this subpart, the
change periods to any time of the day source must conduct a performance
(i.e., the sorbent trap replacement need test as specified in § 63.1349(b).
not be scheduled at 12:00 midnight nor (2) In preparation for and while con-
must the sorbent trap replacements ducting a performance test required in
occur only at integral 24-hour inter- § 63.1349(b), you may operate under the
vals). planned operational change conditions
(ii) Mercury must be measured either for a period not to exceed 360 hours,
upstream of the coal mill or in the coal provided that the conditions in (c)(2)(i)
mill stack. through (c)(2)(iv) of this section are
(8) HCl Compliance. If you are subject met. You must submit temperature
to limitations on HCl emissions under and other monitoring data that are re-
§ 63.1343(b), you must demonstrate com- corded during the pretest operations.
pliance using the performance test (i) You must provide the Adminis-
methods and procedures in trator written notice at least 60 days
§ 63.1349(b)(6). prior to undertaking an operational
(i) For an affected source that is not change that may adversely affect com-
equipped with a wet scrubber, tray pliance with an applicable standard
tower or a dry sorbent injection sys- under this subpart for any source, or as
tem, you must demonstrate compliance soon as practicable where 60 days ad-
using the monitoring methods and pro- vance notice is not feasible. Notice pro-
cedures in § 63.1350(l)(1). vided under this paragraph must in-
(ii) For an affected source that is clude a description of the planned
equipped with a wet scrubber, tray change, the emissions standards that
tower or a dry sorbent injection sys- may be affected by the change, and a
tem, you may demonstrate compliance schedule for completion of the perform-
using the monitoring methods and pro- ance test required under paragraph
cedures in § 63.1350(l)(2). (c)(1) of this section, including when
(iii) HCl may be measured either up- the planned operational change period
stream of the coal mill or in the coal would begin.
mill stack. (ii) The performance test results
(iv) As an alternative to paragraph must be documented in a test report
(b)(8)(ii) of this section, you may use according to § 63.1349(a).
an SO2 CEMS to establish an SO2 oper- (iii) A test plan must be made avail-
ating level during your initial and re- able to the Administrator prior to per-
peat HCl performance tests and mon- formance testing, if requested.
itor the SO2 level using the procedures (iv) The performance test must be
in § 63.1350(l)(3). completed within 360 hours after the

(9) Startup and Shutdown Compliance. planned operational change period be-
All dry sorbent and activated carbon gins.
414
(d) General duty to minimize emissions. (2) Sampling location description(s);

At all times you must operate and (3) A description of sampling and an-
maintain any affected source, includ- alytical procedures and any modifica-
ing associated air pollution control tions to standard procedures;
equipment and monitoring equipment, (4) Test results;
in a manner consistent with safety and (5) Quality assurance procedures and
good air pollution control practices for results;
minimizing emissions. Determination (6) Records of operating conditions
of whether such operation and mainte- during the performance test, prepara-
nance procedures are being used will be tion of standards, and calibration pro-
based on information available to the cedures;
Administrator which may include, but
(7) Raw data sheets for field sampling
is not limited to, monitoring results,
and field and laboratory analyses;
review of operation and maintenance
(8) Documentation of calculations;
procedures, review of operation and
maintenance records, and inspection of (9) All data recorded and used to es-
the source. tablish parameters for monitoring; and
(10) Any other information required
[75 FR 55055, Sept. 9, 2010, as amended at 78 by the performance test method.
FR 10040, Feb. 12, 2013; 80 FR 44781, July 27,
2015]
(b)(1) PM emissions tests. The owner or
operator of a kiln and clinker cooler
MONITORING AND COMPLIANCE subject to limitations on PM emissions
PROVISIONS shall demonstrate initial compliance
by conducting a performance test using
§ 63.1349 Performance testing require- Method 5 or Method 5I at appendix A–
ments. 3 to part 60 of this chapter. You must
(a) You must document performance also monitor continuous performance
test results in complete test reports through use of a PM continuous para-
that contain the information required metric monitoring system (PM CPMS).
by paragraphs (a)(1) through (10) of this (i) For your PM CPMS, you will es-
section, as well as all other relevant in- tablish a site-specific operating limit.
formation. As described in § 63.7(c)(2)(i), If your PM performance test dem-
you must make available to the Ad- onstrates your PM emission levels to
ministrator prior to testing, if re- be below 75 percent of your emission
quested, the site-specific test plan to limit you will use the average PM
be followed during performance test- CPMS value recorded during the PM
ing. For purposes of determining ex- compliance test, the milliamp or dig-
haust gas flow rate to the atmosphere ital equivalent of zero output from
from an alkali bypass stack or a coal your PM CPMS, and the average PM
mill stack, you must either install, op- result of your compliance test to estab-
erate, calibrate and maintain an in- lish your operating limit. If your PM
strument for continuously measuring compliance test demonstrates your PM
and recording the exhaust gas flow rate emission levels to be at or above 75 per-
according to the requirements in para- cent of your emission limit you will
graphs § 63.1350(n)(1) through (10) of this use the average PM CPMS value re-
subpart or use the maximum design ex- corded during the PM compliance test
haust gas flow rate. For purposes of de- to establish your operating limit. You
termining the combined emissions will use the PM CPMS to demonstrate
from kilns equipped with an alkali by- continuous compliance with your oper-
pass or that exhaust kiln gases to a ating limit. You must repeat the per-
coal mill that exhausts through a sepa- formance test annually and reassess
rate stack, instead of installing a and adjust the site-specific operating
CEMS on the alkali bypass stack or limit in accordance with the results of
coal mill stack, you may use the re- the performance test.
sults of the initial and subsequent per- (A) Your PM CPMS must provide a 4–
formance test to demonstrate compli- 20 milliamp or digital signal output
ance with the relevant emissions limit. and the establishment of its relation-
(1) A brief description of the process ship to manual reference method meas-
and the air pollution control system; urements must be determined in units
415
§ 63.1349 40 CFR Ch. I (7–1–16 Edition)
of milliamps or the monitors digital (iii) If the average of your three

equivalent. Method 5 or 5I compliance test runs is
(B) Your PM CPMS operating range below 75 percent of your PM emission
must be capable of reading PM con- limit, you must calculate an operating
centrations from zero to a level equiva- limit by establishing a relationship of
lent to three times your allowable PM CPMS signal to PM concentration
emission limit. If your PM CPMS is an using the PM CPMS instrument zero,
auto-ranging instrument capable of the average PM CPMS values cor-
multiple scales, the primary range of responding to the three compliance
the instrument must be capable of test runs, and the average PM con-
reading PM concentration from zero to centration from the Method 5 or 5I
a level equivalent to three times your compliance test with the procedures in
allowable emission limit. (b)(1)(iii)(A) through (D) of this sec-
(C) During the initial performance
tion.
test or any such subsequent perform-
ance test that demonstrates compli- (A) Determine your PM CPMS instru-
ance with the PM limit, record and av- ment zero output with one of the fol-
erage all milliamp or digital output lowing procedures:
values from the PM CPMS for the peri- (1) Zero point data for in-situ instru-
ods corresponding to the compliance ments should be obtained by removing
test runs (e.g., average all your PM the instrument from the stack and
CPMS output values for three cor- monitoring ambient air on a test
responding Method 5I test runs). bench.
(ii) Determine your operating limit (2) Zero point data for extractive in-
as specified in paragraphs (b)(1)(iii) struments should be obtained by re-
through (iv) of this section. If your PM moving the extractive probe from the
performance test demonstrates your stack and drawing in clean ambient
PM emission levels to be below 75 per- air.
cent of your emission limit you will (3) The zero point may also be estab-
use the average PM CPMS value re- lished by performing manual reference
corded during the PM compliance test, method measurements when the flue
the milliamp or digital equivalent of gas is free of PM emissions or contains
zero output from your PM CPMS, and very low PM concentrations (e.g., when
the average PM result of your compli- your process is not operating, but the
ance test to establish your operating fans are operating or your source is
limit. If your PM compliance test dem-
combusting only natural gas) and plot-
onstrates your PM emission levels to
ting these with the compliance data to
be at or above 75 percent of your emis-
find the zero intercept.
sion limit you will use the average PM
CPMS value recorded during the PM (4) If none of the steps in paragraphs
compliance test to establish your oper- (b)(1)(iii)(A)(1) through (3) of this sec-
ating limit. You must verify an exist- tion are possible, you must use a zero
ing or establish a new operating limit output value provided by the manufac-
after each repeated performance test. turer.
You must repeat the performance test (B) Determine your PM CPMS instru-
at least annually and reassess and ad- ment average in milliamps or digital
just the site-specific operating limit in equivalent, and the average of your
accordance with the results of the per- corresponding three PM compliance
formance test. test runs, using equation 3.
Where: X1 = The PM CPMS data points for the three

runs constituting the performance test.
416
ER27JY15.013</GPH>
Y1 = The PM concentration value for the your three run average PM CPMS
three runs constituting the performance milliamp or digital signal value, and
test. your three run PM compliance test av-
n = The number of data points.
erage, determine a relationship of lb/
(C) With your instrument zero ex- ton-clinker per milliamp or digital sig-
pressed in milliamps or a digital value, nal value with Equation 4.
Where: (D) Determine your source specific

R = The relative lb/ton-clinker per milliamp 30-day rolling average operating limit
or digital equivalent for your PM CPMS. using the lb/ton-clinker per milliamp
Y1 = The three run average lb/ton-clinker PM or digital signal value from Equation 4
concentration.
X1 = The three run average milliamp or dig- in Equation 5, below. This sets your op-
ital equivalent output from your PM erating limit at the PM CPMS output
CPMS. value corresponding to 75 percent of
z = The milliamp or digital equivalent of your emission limit.
your instrument zero determined from
(b)(1)(iii)(A).
Where: (iv) If the average of your three PM

Ol = The operating limit for your PM CPMS compliance test runs is at or above 75
on a 30-day rolling average, in milliamps percent of your PM emission limit you
or the digital equivalent.
must determine your operating limit
L = Your source emission limit expressed in
lb/ton clinker. by averaging the PM CPMS milliamp
z = Your instrument zero in milliamps, or or digital equivalent output cor-
digital equivalent, determined from responding to your three PM perform-
(b)(1)(iii)(A). ance test runs that demonstrate com-
R = The relative lb/ton-clinker per milliamp, pliance with the emission limit using
or digital equivalent, for your PM CPMS,
from Equation 4. Equation 6.
Where: when the process is operating, and use

X1 = The PM CPMS data points for all runs all the PM CPMS data for calculations
i. when the source is not out-of-control.
ER27JY15.015</GPH> ER27JY15.016</GPH>
n = The number of data points. You must demonstrate continuous

Oh = Your site specific operating limit, in compliance by using all quality-as-
milliamps or the digital equivalent. sured hourly average data collected by
(v) To determine continuous oper- the PM CPMS for all operating hours
ating compliance, you must record the
PM CPMS output data for all periods
417
ER27JY15.014</GPH>
§ 63.1349 40 CFR Ch. I (7–1–16 Edition)
to calculate the arithmetic average op- ing average basis, updated at the end of
erating parameter in units of the oper- each new kiln operating day. Use Equa-
ating limit (milliamps or the digital tion 7 to determine the 30 kiln oper-
equivalent) on a 30 operating day roll- ating day average.
Where: determination of the ‘‘back half’’ for

Hpvi = The hourly parameter value for hour other purposes.
i. (vii) For PM performance test reports
n = The number of valid hourly parameter
used to set a PM CPMS operating
values collected over 30 kiln operating
days. limit, the electronic submission of the
test report must also include the make
(vi) For each performance test, con- and model of the PM CPMS instru-
duct at least three separate test runs ment, serial number of the instrument,
each while the mill is on and the mill analytical principle of the instrument
is off, under the conditions that exist (e.g. beta attenuation), span of the in-
when the affected source is operating struments primary analytical range,
at the level reasonably expected to
milliamp value or digital equivalent to
occur. Conduct each test run to collect
the instrument zero output, technique
a minimum sample volume of 2 dscm
by which this zero value was deter-
for determining compliance with a new
source limit and 1 dscm for determined, and the average milliamp or
mining compliance with an existing digital equivalent signals cor-
source limit. Calculate the time responding to each PM compliance test
weighted average of the results from run.
three consecutive runs, including appli- (viii) When there is an alkali bypass
cable sources as required by (b)(1)(viii), and/or an inline coal mill with a sepa-
to determine compliance. You need not rate stack associated with a kiln, the
determine the particulate matter col- main exhaust and alkali bypass and/or
lected in the impingers (‘‘back half’’) of inline coal mill must be tested simul-
the Method 5 or Method 5I particulate taneously and the combined emission
sampling train to demonstrate compli- rate of PM from the kiln and alkali by-
ance with the PM standards of this pass and/or inline coal mill must be
subpart. This shall not preclude the computed for each run using Equation
permitting authority from requiring a 8 of this section.
Where: (ix) The owner or operator of a kiln

ECm = Combined hourly emission rate of PM with an in-line raw mill and subject to
from the kiln and bypass stack and/or limitations on PM emissions shall
inline coal mill, lb/ton of kiln clinker demonstrate initial compliance by con-
production.
EK = Hourly emissions of PM emissions from
ducting separate performance tests
the kiln, lb. while the raw mill is under normal op-
EB = Hourly PM emissions from the alkali erating conditions and while the raw
bypass stack, lb. mill is not operating, and calculate the
EC = Hourly PM emissions from the inline time weighted average emissions. The
ER27JY15.018</GPH>
coal mill stack, lb.

P = Hourly clinker production, tons.
418
ER27JY15.017</GPH>
operating limit will then be deter- cluded in the performance test report
mined using 63.1349(b)(1)(i) of this sec- and will determine the applicable tem-
tion. perature limit in accordance with
(2) Opacity tests. If you are subject to § 63.1346(b), footnote 2.
limitations on opacity under this sub- (v)(A) If sorbent injection is used for
part, you must conduct opacity tests in D/F control, you must record the rate
accordance with Method 9 of appendix of sorbent injection to the kiln ex-
A–4 to part 60 of this chapter. The du- haust, and where applicable, the rate of
ration of the Method 9 performance sorbent injection to the alkali bypass
test must be 3 hours (30 6-minute aver- exhaust, continuously during the pe-
ages), except that the duration of the riod of the Method 23 test in accord-
Method 9 performance test may be re- ance with the conditions in
duced to 1 hour if the conditions of § 63.1350(m)(9), and include the contin-
paragraphs (b)(2)(i) and (ii) of this sec- uous injection rate record(s) in the per-
tion apply. For batch processes that formance test report. Determine the
are not run for 3-hour periods or sorbent injection rate parameters in
longer, compile observations totaling 3 accordance with paragraph (b)(3)(vi) of
hours when the unit is operating. this section.
(i) There are no individual readings (B) Include the brand and type of sor-
greater than 10 percent opacity; bent used during the performance test
(ii) There are no more than three in the performance test report.
readings of 10 percent for the first 1- (C) Maintain a continuous record of
hour period. either the carrier gas flow rate or the
(3) D/F Emissions Tests. If you are sub- carrier gas pressure drop for the dura-
ject to limitations on D/F emissions tion of the performance test. If the car-
under this subpart, you must conduct a rier gas flow rate is used, determine,
performance test using Method 23 of record, and maintain a record of the
appendix A–7 to part 60 of this chapter. accuracy of the carrier gas flow rate
If your kiln or in-line kiln/raw mill is monitoring system according to the
equipped with an alkali bypass, you procedures in appendix A to part 75 of
must conduct simultaneous perform- this chapter. If the carrier gas pressure
ance tests of the kiln or in-line kiln/ drop is used, determine, record, and
raw mill exhaust and the alkali bypass. maintain a record of the accuracy of
You may conduct a performance test of the carrier gas pressure drop moni-
the alkali bypass exhaust when the raw toring system according to the proce-
mill of the in-line kiln/raw mill is oper- dures in § 63.1350(m)(6).
ating or not operating. (vi) Calculate the run average sor-
(i) Each performance test must con- bent injection rate for each run and de-
sist of three separate runs conducted termine and include the average of the
under representative conditions. The run average injection rates in the per-
duration of each run must be at least 3 formance test report and determine the
hours, and the sample volume for each applicable injection rate limit in ac-
run must be at least 2.5 dscm (90 dscf). cordance with § 63.1346(c)(1).
(ii) The temperature at the inlet to (4) THC emissions test. (i) If you are
the kiln or in-line kiln/raw mill PMCD, subject to limitations on THC emis-
and, where applicable, the temperature sions, you must operate a CEMS in ac-
at the inlet to the alkali bypass PMCD cordance with the requirements in
must be continuously recorded during § 63.1350(i). For the purposes of con-
the period of the Method 23 test, and ducting the accuracy and quality as-
the continuous temperature record(s) surance evaluations for CEMS, the
must be included in the performance THC span value (as propane) is 50
test report. ppmvw and the reference method (RM)
(iii) Average temperatures must be is Method 25A of appendix A to part 60
calculated for each run of the perform- of this chapter.
ance test. (ii) Use the THC CEMS to conduct
(iv) The run average temperature the initial compliance test for the first
must be calculated for each run, and 30 kiln operating days of kiln operation
the average of the run average tem- after the compliance date of the rule.
peratures must be determined and in- See § 63.1348(a).
419
§ 63.1349 40 CFR Ch. I (7–1–16 Edition)
(iii) If kiln gases are diverted stack, you must calculate a kiln-spe-
through an alkali bypass or to a coal cific THC limit using Equation 9:
mill and exhausted through a separate
Where: CEMS or a sorbent trap monitoring

Cks = Kiln stack concentration (ppmvd). system in accordance with the require-
Qab = Alkali bypass flow rate (volume/hr). ments of § 63.1350(k). The initial com-
Cab = Alkali bypass concentration (ppmvd). pliance test must be based on the first
Qcm = Coal mill flow rate (volume/hr).
Ccm = Coal mill concentration (ppmvd). 30 kiln operating days in which the af-
Qks = Kiln stack flow rate (volume/hr). fected source operates using a mercury
CEMS or a sorbent trap monitoring
(iv) THC must be measured either up-
system after the compliance date of
stream of the coal mill or the coal mill
the rule. See § 63.1348(a).
stack.
(v) Instead of conducting the per- (i) If you are using a mercury CEMS
formance test specified in paragraph or a sorbent trap monitoring system,
(b)(4)of this section, you may conduct a you must install, operate, calibrate,
performance test to determine emis- and maintain an instrument for con-
sions of total organic HAP by following tinuously measuring and recording the
the procedures in paragraph (b)(7) of exhaust gas flow rate to the atmos-
this section. phere according to the requirements in
(5) Mercury Emissions Tests. If you are § 63.1350(k)(5).
subject to limitations on mercury (ii) Calculate the emission rate using
emissions, you must operate a mercury Equation 10 of this section:
Where: (i)(A) If the source is equipped with a

E30D = 30-day rolling emission rate of mer- wet scrubber, tray tower or dry scrub-
cury, lb/MM tons clinker. ber, you must conduct performance
Ci = Concentration of mercury for operating testing using Method 321 of appendix A
hour i, μg/scm.
Qi = Volumetric flow rate of effluent gas for
to this part unless you have installed a
operating hour i, where Ci and Qi are on CEMS that meets the requirements
the same basis (either wet or dry), scm/ § 63.1350(l)(1). For kilns with inline raw
hr. mills, testing should be conducted for
k = Conversion factor, 1 lb/454,000,000 μg. the raw mill on and raw mill off condi-
n = Number of kiln operating hours in the tions.
previous 30 kiln operating day period
where both C and Qi qualified data are
(B) You must establish site specific
available. parameter limits by using the CPMS
P = Total runs from the previous 30 days of required in § 63.1350(l)(1). For a wet
clinker production during the same time scrubber or tray tower, measure and
period as the mercury emissions meas- record the pressure drop across the
ured, million tons. scrubber and/or liquid flow rate and pH
(6) HCl emissions tests. For a source in intervals of no more than 15 minutes
subject to limitations on HCl emissions during the HCl test. Compute and
ER27JY15.020</GPH>
you must conduct performance testing record the 24-hour average pressure
by one of the following methods: drop, pH, and average scrubber water
420
ER27JY15.019</GPH>
flow rate for each sampling run in operates using an HCl CEMS. Hourly
which the applicable emissions limit is HCl concentration data must be ob-
met. For a dry scrubber, measure and tained according to § 63.1350(l).
record the sorbent injection rate in in- (iii) As an alternative to paragraph
tervals of no more than 15 minutes dur- (b)(6)(i)(B) of this section, you may
ing the HCl test. Compute and record choose to monitor SO2 emissions using
the 24-hour average sorbent injection a CEMS in accordance with the re-
rate and average sorbent injection rate quirements of § 63.1350(l)(3). You must
for each sampling run in which the ap- establish an SO2 operating limit equal
plicable emissions limit is met. to the average recorded during the HCl
(ii)(A) If the source is not controlled stack test where the HCl stack test run
by a wet scrubber, tray tower or dry result demonstrates compliance with
sorbent injection system, you must op- the emission limit. This operating
erate a CEMS in accordance with the limit will apply only for demonstrating
requirements of § 63.1350(l)(1). See HCl compliance.
§ 63.1348(a). (iv) If kiln gases are diverted through
(B) The initial compliance test must an alkali bypass or to a coal mill and
be based on the 30 kiln operating days exhausted through a separate stack,
that occur after the compliance date of you must calculate a kiln-specific HCl
this rule in which the affected source limit using Equation 11:
Where: § 63.1350(j). The duration of the per-

Cks = Kiln stack concentration (ppmvd). formance test must be at least 3 hours
Qab = Alkali bypass flow rate (volume/hr). and the average THC concentration (as
Cab = Alkali bypass concentration (ppmvd). calculated from the recorded output)
Qcm = Coal mill flow rate (volume/hr).
during the 3-hour test must be cal-
Ccm = Coal mill concentration (ppmvd).
Qks = Kiln stack flow rate (volume/hr). culated. You must establish your THC
operating limit and determine compli-
(7) Total Organic HAP Emissions Tests. ance with it according to paragraphs
Instead of conducting the performance (b)(7)(vii) and (viii) of this section. It is
test specified in paragraph (b)(4) of this permissible to extend the testing time
section, you may conduct a perform- of the organic HAP performance test if
ance test to determine emissions of you believe extended testing is re-
total organic HAP by following the quired to adequately capture organic
procedures in paragraphs (b)(7)(i)
HAP and/or THC variability over time.
through (v) of this section.
(iii) If your source has an in-line kiln/
(i) Use Method 320 of appendix A to
this part, Method 18 of Appendix A of raw mill you must use the fraction of
part 60, ASTM D6348–03 or a combina- time the raw mill is on and the frac-
tion to determine emissions of total or- tion of time that the raw mill is off and
ganic HAP. Each performance test calculate this limit as a weighted aver-
must consist of three separate runs age of the THC levels measured during
under the conditions that exist when three raw mill on and three raw mill
the affected source is operating at the off tests.
representative performance conditions (iv) If your organic HAP emissions
in accordance with § 63.7(e). Each run are below 75 percent of the organic
must be conducted for at least 1 hour. HAP standard and you determine your
(ii) At the same time that you are operating limit with paragraph
conducting the performance test for (b)(7)(vii) of this section your THC
total organic HAP, you must also de- CEMS must be calibrated and operated
termine a site-specific THC emissions on a measurement scale no greater

limit by operating a THC CEMS in ac- than 180 ppmvw, as carbon, or 60
cordance with the requirements of ppmvw as propane.
421
ER27JY15.021</GPH>
§ 63.1349 40 CFR Ch. I (7–1–16 Edition)
(v) If your kiln has an inline coal HAP compliance test results dem-
mill and/or an alkali bypass with sepa- onstrate that your average organic
rate stacks, you are required to meas- HAP emission levels are at or above 75
ure and account for oHAP emissions percent of your emission limit, your
from their separate stacks. You are re- operating limit is established as the
quired to measure oHAP at the coal average THC value recorded during the
mill inlet or outlet and you must also organic HAP performance test. You
measure oHAP at the alkali bypass must establish a new operating limit
outlet. You must then calculate a flow after each performance test. You must
weighted average oHAP concentration repeat the performance test no later
for all emission sources including the than 30 months following your last per-
inline coal mill and the alkali bypass. formance test and reassess and adjust
(vi) Your THC CEMS measurement the site-specific operating limit in ac-
scale must be capable of reading THC cordance with the results of the per-
concentrations from zero to a level formance test.
equivalent to two times your highest (viii) If the average organic HAP re-
THC emissions average determined sults for your three Method 18 and/or
during your performance test, includ- Method 320 performance test runs are
ing mill on or mill off operation. Note: below 75 percent of your organic HAP
This may require the use of a dual emission limit, you must calculate an
range instrument to meet this require- operating limit by establishing a rela-
ment and paragraph (b)(7)(iv) of this tionship of THC CEMS signal to the or-
section. ganic HAP concentration using the av-
(vii) Determine your operating limit erage THC CEMS value corresponding
as specified in paragraphs (b)(7)(viii) to the three organic HAP compliance
and (ix) of this section. If your organic test runs and the average organic HAP
HAP performance test demonstrates total concentration from the Method 18
your average organic HAP emission and/or Method 320 performance test
levels are below 75 percent of your runs with the procedures in
emission limit (9 ppmv) you will use (b)(7)(viii)(A) and (B) of this section.
the average THC value recorded during (A) Determine the THC CEMS aver-
the organic HAP performance test, and age values in ppmvw, and the average
the average total organic HAP result of of your corresponding three total or-
your performance test to establish ganic HAP compliance test runs, using
your operating limit. If your organic Equation 12.
Where: (B) You must use your three run av-

x̄ = The THC CEMS average values in erage THC CEMS value and your three
ppmvw. run average organic HAP concentra-
Xi = The THC CEMS data points for all three tion from your three Method 18 and/or
runs i. Method 320 compliance tests to deter-
Yi = The sum of organic HAP concentrations mine the operating limit. Use equation
for test runs i. and 13 to determine your operating limit in
n = The number of data points. units of ppmvw THC, as propane.
ER27JY15.023</GPH>
422
ER27JY15.022</GPH>
Where: tion 14 by averaging the THC CEMS
Tl = The 30-day operating limit for your THC output values corresponding to your
CEMS, ppmvw. three organic HAP performance test
Y1 = The average organic HAP concentration runs that demonstrate compliance with
from Eq. 12, ppmvd. the emission limit. If your new THC
X1 = The average THC CEMS concentration CEMS value is below your current op-
from Eq. 12, ppmvw.
erating limit, you may opt to retain
(ix) If the average of your three or- your current operating limit, but you
ganic HAP performance test runs is at must still submit all performance test
or above 75 percent of your organic and THC CEMS data according to the
HAP emission limit, you must deter- reporting requirements in paragraph
mine your operating limit using Equa- (d)(1) of this section.
Where: operating (‘‘mill on’’) and while the

X1 = The THC CEMS data points for all runs raw mill is not operating (‘‘mill off’’).
i. Using the fraction of time the raw mill
n = The number of data points. is on and the fraction of time that the
Th = Your site specific operating limit, in raw mill is off, calculate this limit as a
ppmvw THC.
weighted average of the THC levels
(x) If your kiln has an inline kiln/raw measured during raw mill on and raw
mill, you must conduct separate per- mill off compliance testing with Equa-
formance tests while the raw mill is tion 15.
Where: operating and the THC CEMS is not

R = Operating limit as THC, ppmvw. out-of-control. You must demonstrate
y = Average THC CEMS value during mill on continuous compliance by using all
operations, ppmvw. quality-assured hourly average data
t = Percentage of operating time with mill
on. collected by the THC CEMS for all op-
x = Average THC CEMS value during mill off erating hours to calculate the arith-
operations, ppmvw. metic average operating parameter in
(1-t) = Percentage of operating time with units of the operating limit (ppmvw) on
mill off. a 30 operating day rolling average
(xi) To determine continuous compli- basis, updated at the end of each new
ance with the THC operating limit, you kiln operating day. Use Equation 16 to
must record the THC CEMS output determine the 30 kiln operating day av-
data for all periods when the process is erage.
ER27JY15.025</GPH> ER27JY15.026</GPH>
423
ER27JY15.024</GPH>
§ 63.1349 40 CFR Ch. I (7–1–16 Edition)
Where: apply only for demonstrating HCl com-
Hpvi = The hourly parameter value for hour pliance.
i, ppmvw. (i) Use Method 321 of appendix A to
n = The number of valid hourly parameter this part to determine emissions of
values collected over 30 kiln operating HCl. Each performance test must con-
days.
sist of three separate runs under the
(xii) Use EPA Method 18 or Method conditions that exist when the affected
320 of appendix A to part 60 of this source is operating at the representa-
chapter to determine organic HAP tive performance conditions in accord-
emissions. For each performance test, ance with § 63.7(e). Each run must be
conduct at least three separate runs conducted for at least one hour.
under the conditions that exist when (ii) At the same time that you are
the affected source is operating at the conducting the performance test for
level reasonably expected to occur. If HCl, you must also determine a site-
your source has an in-line kiln/raw mill specific SO2 emissions limit by oper-
you must conduct three separate test ating an SO2 CEMS in accordance with
runs with the raw mill on, and three the requirements of § 63.1350(l). The du-
separate runs under the conditions ration of the performance test must be
that exist when the affected source is three hours and the average SO2 con-
operating at the level reasonably ex- centration (as calculated from the av-
pected to occur with the mill off. Con- erage output) during the 3-hour test
duct each Method 18 test run to collect must be calculated. You must establish
a minimum target sample equivalent your SO2 operating limit and deter-
to three times the method detection mine compliance with it according to
limit. Calculate the average of the re- paragraphs (b)(8)(vii) and (viii) of this
sults from three runs to determine section.
compliance. (iii) If your source has an in-line kiln/
(xiii) If the THC level exceeds by 10 raw mill you must use the fraction of
percent or more your site-specific THC time the raw mill is on and the frac-
emissions limit, you must tion of time that the raw mill is off and
(A) As soon as possible but no later calculate this limit as a weighted aver-
than 30 days after the exceedance, con- age of the SO2 levels measured during
duct an inspection and take corrective raw mill on and raw mill off testing.
action to return the THC CEMS meas- (iv) Your SO2 CEMS must be cali-
urements to within the established brated and operated according to the
value; and requirements of § 60.63(f).
(B) Within 90 days of the exceedance (v) Your SO2 CEMS measurement
or at the time of the 30 month compli- scale must be capable of reading SO2
ance test, whichever comes first, con- concentrations consistent with the re-
duct another performance test to de- quirements of § 60.63(f), including mill
termine compliance with the organic on or mill off operation.
HAP limit and to verify or re-establish (vi) If your kiln has an inline kiln/
your site-specific THC emissions limit. raw mill, you must conduct separate
(8) HCl Emissions Tests with SO2 performance tests while the raw mill is
Monitoring. If you choose to monitor operating (‘‘mill on’’) and while the
SO2 emissions using a CEMS to dem- raw mill is not operating (‘‘mill off’’).
onstrate HCl compliance, follow the Using the fraction of time the raw mill
procedures in (b)(8)(i) through (ix) of is on and the fraction of time that the
this section and in accordance with the raw mill is off, calculate this limit as a
requirements of § 63.1350(l)(3). You must weighted average of the HCl levels
establish an SO2 operating limit equal measured during raw mill on and raw
to the average recorded during the HCl mill off compliance testing with Equa-
stack test. This operating limit will tion 17.
424
ER27JY15.027</GPH>
Where: (A) Determine your SO2 CEMS in-
R = Operating limit as SO2, ppmvw. strument zero output with one of the
y = Average SO2 CEMS value during mill on following procedures:
operations, ppmvw. (1) Zero point data for in-situ instru-
t = Percentage of operating time with mill ments should be obtained by removing
on, expressed as a decimal. the instrument from the stack and
x = Average SO2 CEMS value during mill off monitoring ambient air on a test
operations, ppmvw. bench.
t¥1 = Percentage of operating time with
(2) Zero point data for extractive in-
mill off, expressed as a decimal.
struments may be obtained by remov-
(vii) If the average of your three HCl ing the extractive probe from the stack
compliance test runs is below 75 per- and drawing in clean ambient air.
cent of your HCl emission limit, you (3) The zero point may also be estab-
may as a compliance alternative, cal- lished by performing probe-flood intro-
culate an operating limit by estab- duction of high purity nitrogen or cer-
lishing a relationship of SO2 CEMS sig- tified zero air free of SO2.
nal to your HCl concentration cor- (4) If none of the steps in paragraphs
rected to 7 percent O2 by using the SO2 (b)(8)(vii)(A)(1) through (3) of this sec-
CEMS instrument zero, the average tion are possible, you must use a zero
SO2 CEMS values corresponding to the output value provided by the manufac-
three compliance test runs, and the av- turer.
erage HCl concentration from the HCl (B) Determine your SO2 CEMS in-
compliance test with the procedures in strument average ppm, and the average
(b)(8)(vii)(A) through (D) of this sec- of your corresponding three HCl com-
tion. pliance test runs, using equation 18.
Where: (C) With your instrument zero ex-

X1 = The SO2 CEMS data points for the three pressed in ppmv, your three run aver-
runs constituting the performance test. age SO2 CEMS expressed in ppmv, and
Y1 = The HCl emission concentration ex- your three run HCl compliance test av-
pressed as ppmv corrected to 7 percent O2 erage in ppm corrected to 7 percent O2,
for the three runs constituting the per- determine a relationship of ppm HCl
formance test. corrected to 7 percent O2 per ppm SO2
n = The number of data points. with Equation 19.
Where: (D) Determine your source specific

R = The relative HCl ppmv corrected to 7 30-day rolling average operating limit
percent O2 per ppm SO2 for your SO2 using ppm HCl corrected to 7 percent
CEMS. O2 per ppm SO2 value from Equation 19
Y1 = The three run average HCl concentra-
tion corrected to 7 percent O2.
in Equation 20, below. This sets your
X1 = The three run average ppm recorded by operating limit at the SO2 CEMS ppm
value corresponding to 75 percent of
your SO2 CEMS.

z = The instrument zero output ppm value. your emission limit.
ER27JY15.029</GPH>
425
ER27JY15.028</GPH>
§ 63.1349 40 CFR Ch. I (7–1–16 Edition)
Where: data for all periods when the process is

Ol = The operating limit for your SO2 CEMS operating and the SO2 CEMS is not
on a 30-day rolling average, in ppmv. out-of-control. You must demonstrate
L = Your source HCl emission limit ex- continuous compliance by using all
pressed in ppmv corrected to 7 percent
O2. quality-assured hourly average data
z = Your instrument zero in ppmv, deter- collected by the SO2 CEMS for all oper-
mined from (1)(i). ating hours to calculate the arithmetic
R = The relative oxygen corrected ppmv HCl average operating parameter in units
per ppmv SO2, for your SO2 CEMS, from of the operating limit (ppmvw) on a 30
Equation 19. operating day rolling average basis, up-
(viii) To determine continuous com- dated at the end of each new kiln oper-
pliance with the SO2 operating limit, ating day. Use Equation 21 to deter-
you must record the SO2 CEMS output mine the 30 kiln operating day average.
Where: duct another performance test to de-

Hpvi = The hourly parameter value for hour termine compliance with the HCl limit
i, ppmvw. and to verify or re-establish your site-
n = The number of valid hourly parameter specific SO2 emissions limit.
values collected over 30 kiln operating
days. (c) Performance test frequency. Except
as provided in § 63.1348(b), performance
(ix) Use EPA Method 321 of appendix tests are required at regular intervals
A to part 60 of this chapter to deter- for affected sources that are subject to
mine HCl emissions. For each perform- a dioxin, organic HAP or HCl emissions
ance test, conduct at least three sepa- limit. Performance tests required
rate runs under the conditions that every 30 months must be completed no
exist when the affected source is oper- more than 31 calendar months after the
ating at the level reasonably expected previous performance test except where
to occur. If your source has an in-line
that specific pollutant is monitored
kiln/raw mill you must conduct three
using CEMS; performance tests re-
separate test runs with the raw mill
quired every 12 months must be com-
on, and three separate runs under the
pleted no more than 13 calendar
conditions that exist when the affected
months after the previous performance
source is operating at the level reason-
test.
ably expected to occur with the mill
off. (d) Performance Test Reporting Re-
(x) If the SO2 level exceeds by 10 per- quirements. (1) You must submit the in-
cent or more your site-specific SO2 formation specified in paragraphs (d)(1)
emissions limit, you must: and (2) of this section no later than 60
(A) As soon as possible but no later days following the initial performance
than 30 days after the exceedance, con- test. All reports must be signed by a
duct an inspection and take corrective responsible official.
action to return the SO2 CEMS meas- (i) The initial performance test data
urements to within the established as recorded under paragraph (b) of this
value; section.
(B) Within 90 days of the exceedance (ii) The values for the site-specific
ER27JY15.031</GPH>
or at the time of the periodic compli- operating limits or parameters estab-

ance test, whichever comes first, con- lished pursuant to paragraphs (b)(1),
426
ER27JY15.030</GPH>
(3), (6), (7), and (8) of this section, as ap- 3 to part 60 of this chapter. You will
plicable, and a description, including use the PM CPMS to demonstrate con-
sample calculations, of how the oper- tinuous compliance with this operating
ating parameters were established dur- limit. You must repeat the perform-
ing the initial performance test. ance test annually and reassess and ad-
(2) As of December 31, 2011 and within just the site-specific operating limit in
60 days after the date of completing accordance with the results of the per-
each performance evaluation or test, as formance test using the procedures in
defined in § 63.2, conducted to dem- § 63.1349(b)(1) (i) through (vi) of this
onstrate compliance with any standard subpart. You must also repeat the test
covered by this subpart, you must sub- if you change the analytical range of
mit the relative accuracy test audit the instrument, or if you replace the
data and performance test data, except instrument itself or any principle ana-
opacity data, to the EPA by success- lytical component of the instrument
fully submitting the data electroni- that would alter the relationship of
cally to the EPA’s Central Data Ex- output signal to in-stack PM con-
change (CDX) by using the Electronic centration.
Reporting Tool(ERT) (see http:// (ii) To determine continuous compli-
www.epa.gov/ttn/chief/ert/ertltool.html/). ance, you must use the PM CPMS out-
(e) Conditions of performance tests.
put data for all periods when the proc-
Conduct performance tests under such
ess is operating and the PM CPMS is
conditions as the Administrator speci-
not out-of-control. You must dem-
fies to the owner or operator based on
onstrate continuous compliance by
representative performance of the af-
using all quality-assured hourly aver-
fected source for the period being test-
age data collected by the PM CPMS for
ed. Upon request, you must make
all operating hours to calculate the
available to the Administrator such
arithmetic average operating param-
records as may be necessary to deter-
eter in units of the operating limit
mine the conditions of performance
tests. (milliamps) on a 30 operating day roll-
ing average basis, updated at the end of
[75 FR 55057, Sept. 9, 2010, as amended at 78 each new kiln operating day.
FR 10040, Feb. 12, 2013; 80 FR 44781, July 27, (iii) For any exceedance of the 30
2015; 80 FR 54729, Sept. 11, 2015]
process operating day PM CPMS aver-
§ 63.1350 Monitoring requirements. age value from the established oper-
ating parameter limit, you must:
(a)(1) Following the compliance date,
(A) Within 48 hours of the exceed-
the owner or operator must dem-
ance, visually inspect the APCD;
onstrate compliance with this subpart
on a continuous basis by meeting the (B) If inspection of the APCD identi-
requirements of this section. fies the cause of the exceedance, take
(2) [Reserved] corrective action as soon as possible
(3) For each existing unit that is and return the PM CPMS measurement
equipped with a CMS, maintain the av- to within the established value; and
erage emissions or the operating pa- (C) Within 30 days of the exceedance
rameter values within the operating or at the time of the annual compli-
parameter limits established through ance test, whichever comes first, con-
performance tests. duct a PM emissions compliance test
(4) Any instance where the owner or to determine compliance with the PM
operator fails to comply with the con- emissions limit and to verify or re-es-
tinuous monitoring requirements of tablish the PM CPMS operating limit
this section is a violation. within 45 days. You are not required to
(b) PM monitoring requirements. (1)(i) conduct additional testing for any
PM CPMS. You will use a PM CPMS to exceedances that occur between the
establish a site-specific operating limit time of the original exceedance and the
corresponding to the results of the per- PM emissions compliance test required
formance test demonstrating compli- under this paragraph.
ance with the PM limit. You will con- (iv) PM CPMS exceedances leading to
duct your performance test using more than four required performance
Method 5 or Method 5I at appendix A– tests in a 12-month process operating
427
§ 63.1350 40 CFR Ch. I (7–1–16 Edition)
period (rolling monthly) constitute a (f) Opacity monitoring requirements. If

presumptive violation of this subpart. you are subject to a limitation on
(2) [Reserved] opacity under § 63.1345, you must con-
(c) [Reserved] duct required opacity monitoring in ac-
(d) Clinker production monitoring re- cordance with the provisions of para-
quirements. In order to determine clink- graphs (f)(1)(i) through (vii) of this sec-
er production, you must: tion and in accordance with your moni-
(1) Determine hourly clinker produc- toring plan developed under § 63.1350(p).
tion by one of two methods: You must also develop an opacity mon-
(i) Install, calibrate, maintain, and itoring plan in accordance with para-
operate a permanent weigh scale sys- graphs (p)(1) through (4) and paragraph
tem to measure and record weight (o)(5), if applicable, of this section.
rates in tons-mass per hour of the (1)(i) You must conduct a monthly 10-
amount of clinker produced. The sys- minute visible emissions test of each
tem of measuring hourly clinker pro- affected source in accordance with
duction must be maintained within ±5 Method 22 of appendix A–7 to part 60 of
percent accuracy, or this chapter. The performance test
(ii) Install, calibrate, maintain, and must be conducted while the affected
operate a permanent weigh scale sys- source is in operation.
tem to measure and record weight (ii) If no visible emissions are ob-
rates in tons-mass per hour of the served in six consecutive monthly tests
amount of feed to the kiln. The system for any affected source, the owner or
of measuring feed must be maintained operator may decrease the frequency of
within ±5 percent accuracy. Calculate performance testing from monthly to
your hourly clinker production rate semi-annually for that affected source.
using a kiln-specific feed to clinker If visible emissions are observed during
ratio based on reconciled clinker pro- any semi-annual test, you must resume
duction determined for accounting pur- performance testing of that affected
poses and recorded feed rates. Update source on a monthly basis and main-
this ratio monthly. Note that if this tain that schedule until no visible
ratio changes at clinker reconciliation, emissions are observed in six consecu-
you must use the new ratio going for- tive monthly tests.
ward, but you do not have to retro- (iii) If no visible emissions are ob-
actively change clinker production served during the semi-annual test for
rates previously estimated. any affected source, you may decrease
(iii) [Reserved] the frequency of performance testing
(2) Determine, record, and maintain a from semi-annually to annually for
record of the accuracy of the system of that affected source. If visible emis-
measuring hourly clinker production sions are observed during any annual
(or feed mass flow if applicable) before performance test, the owner or oper-
initial use (for new sources) or by the ator must resume performance testing
effective compliance date of this rule of that affected source on a monthly
(for existing sources). During each basis and maintain that schedule until
quarter of source operation, you must no visible emissions are observed in six
determine, record, and maintain a consecutive monthly tests.
record of the ongoing accuracy of the (iv) If visible emissions are observed
system of measuring hourly clinker during any Method 22 performance
production (or feed mass flow). test, of appendix A–7 to part 60 of this
(3) If you measure clinker production chapter, you must conduct 30 minutes
directly, record the daily clinker proof opacity observations, recorded at 15-
duction rates; if you measure the kiln second intervals, in accordance with
feed rates and calculate clinker pro- Method 9 of appendix A–4 to part 60 of
duction, record the hourly kiln feed this chapter. The Method 9 perform-
and clinker production rates. ance test, of appendix A–4 to part 60 of
(4) Develop an emissions monitoring this chapter, must begin within 1 hour
plan in accordance with paragraphs of any observation of visible emissions.

(p)(1) through (p)(4) of this section. (v) Any totally enclosed conveying
(e) [Reserved] system transfer point, regardless of the
428
location of the transfer point is not re- this chapter. The duration of the Meth-
quired to conduct Method 22 visible od 9 test must be 30 minutes.
emissions monitoring under this para- (3) If visible emissions are observed
graph. The enclosures for these trans- during any Method 22 visible emissions
fer points must be operated and main- test conducted under paragraphs (f)(1)
tained as total enclosures on a con- or (2) of this section, you must initiate,
tinuing basis in accordance with the fa- within one-hour, the corrective actions
cility operations and maintenance specified in your operation and mainte-
plan. nance plan as required in § 63.1347.
(vi) If any partially enclosed or (4) The requirements under para-
unenclosed conveying system transfer graph (f)(2) of this section to conduct
point is located in a building, you must daily Method 22 testing do not apply to
conduct a Method 22 performance test, any specific raw mill or finish mill
of appendix A–7 to part 60 of this chap- equipped with a COMS or BLDS.
ter, according to the requirements of (i) If the owner or operator chooses
paragraphs (f)(1)(i) through (iv) of this to install a COMS in lieu of conducting
section for each such conveying system the daily visible emissions testing re-
transfer point located within the build- quired under paragraph (f)(2) of this
ing, or for the building itself, according section, then the COMS must be in-
to paragraph (f)(1)(vii) of this section. stalled at the outlet of the PM control
(vii) If visible emissions from a build-
device of the raw mill or finish mill
ing are monitored, the requirements of
and the COMS must be installed, main-
paragraphs (f)(1)(i) through (f)(1)(iv) of
tained, calibrated, and operated as re-
this section apply to the monitoring of
quired by the general provisions in sub-
the building, and you must also test
part A of this part and according to
visible emissions from each side, roof,
PS–1 of appendix B to part 60 of this
and vent of the building for at least 10
chapter.
minutes.
(2)(i) For a raw mill or finish mill, (ii) If you choose to install a BLDS in
you must monitor opacity by con- lieu of conducting the daily visible
ducting daily visible emissions obser- emissions testing required under para-
vations of the mill sweep and air sepa- graph (f)(2) of this section, the require-
rator PM control devices (PMCD) of ments in paragraphs (m)(1) through
these affected sources in accordance (m)(4), (m)(10) and (m)(11) of this sec-
with the procedures of Method 22 of ap- tion apply.
pendix A–7 to part 60 of this chapter. (g) D/F monitoring requirements. If you
The duration of the Method 22 perform- are subject to an emissions limitation
ance test must be 6 minutes. on D/F emissions, you must comply
(ii) Within 24 hours of the end of the with the monitoring requirements of
Method 22 performance test in which paragraphs (g)(1) through (g)(6) and
visible emissions were observed, the paragraphs (m)(1) through (m)(4) of this
owner or operator must conduct a fol- section to demonstrate continuous
low up Method 22 performance test of compliance with the D/F emissions
each stack from which visible emis- standard. You must also develop an
sions were observed during the pre- emissions monitoring plan in accord-
vious Method 22 performance test. ance with paragraphs (p)(1) through
(iii) If visible emissions are observed (p)(4) of this section.
during the follow-up Method 22 per- (1) You must install, calibrate, main-
formance test required by paragraph tain, and continuously operate a CMS
(f)(2)(ii) of this section from any stack to record the temperature of the ex-
from which visible emissions were ob- haust gases from the kiln and alkali
served during the previous Method 22 bypass, if applicable, at the inlet to, or
performance test required by para- upstream of, the kiln and/or alkali by-
graph (f)(2)(i) of the section, you must pass PMCDs.
then conduct an opacity test of each (i) The temperature recorder re-
stack from which emissions were ob- sponse range must include zero and 1.5
served during the follow up Method 22 times the average temperature estab-
performance test in accordance with lished according to the requirements in
Method 9 of appendix A–4 to part 60 of § 63.1349(b)(3)(iv).
429
§ 63.1350 40 CFR Ch. I (7–1–16 Edition)
(ii) The calibration reference for the rolling average activated carbon injec-
temperature measurement must be a tion rate must begin anew, without
National Institute of Standards and considering previous recordings.
Technology calibrated reference ther- (2)(i) Install, operate, calibrate, and
mocouple-potentiometer system or al- maintain a continuous monitor to
ternate reference, subject to approval record the activated carbon injection
by the Administrator. system carrier gas parameter (either
(iii) The calibration of all the carrier gas flow rate or the carrier
thermocouples and other temperature gas pressure drop) established during
sensors must be verified at least once the D/F performance test in accordance
every three months. with § 63.1349(b)(3).
(2) You must monitor and continu- (ii) Each hour, calculate the three-
ously record the temperature of the ex- hour rolling average of the selected pa-
haust gases from the kiln and alkali rameter value for the previous 3 hours
bypass, if applicable, at the inlet to the of process operation using all of the
kiln and/or alkali bypass PMCD. one-minute data available (i.e., the
(3) The required minimum data col- CMS is not out-of-control.)
lection frequency must be one minute. (i) THC Monitoring Requirements. If
(4) Calculate the rolling three-hour you are subject to an emissions limita-
average temperature using the average tion on THC emissions, you must com-
of 180 successive one-minute average
ply with the monitoring requirements
temperatures. See § 63.1349(b)(3).
of paragraphs (i)(1) and (i)(2) and (m)(1)
(5) When the operating status of the
through (m)(4) of this section. You
raw mill of the in-line kiln/raw mill is
must also develop an emissions moni-
changed from off to on or from on to
toring plan in accordance with para-
off, the calculation of the three-hour
graphs (p)(1) through (p)(4) of this sec-
rolling average temperature must
tion.
begin anew, without considering pre-
vious recordings. (1) You must install, operate, and
(h) Monitoring requirements for sources maintain a THC continuous emission
using sorbent injection. If you are sub- monitoring system in accordance with
ject to an operating limit on D/F emis- Performance Specification 8 or Per-
sions that employs carbon injection as formance Specification 8A of appendix
an emission control technique, you B to part 60 of this chapter and comply
must comply with the additional moni- with all of the requirements for contin-
toring requirements of paragraphs uous monitoring systems found in the
(h)(1) and (h)(2) and paragraphs (m)(1) general provisions, subpart A of this
through (m)(4) and (m)(9) of this sec- part. The owner or operator must oper-
tion. You must also develop an emis- ate and maintain each CEMS according
sions monitoring plan in accordance to the quality assurance requirements
with paragraphs (p)(1) through (p)(4) of in Procedure 1 of appendix F in part 60
this section. of this chapter. For THC continuous
(1) Install, operate, calibrate, and emission monitoring systems certified
maintain a continuous monitor to under Performance Specification 8A,
record the rate of activated carbon in- conduct the relative accuracy test au-
jection. The accuracy of the rate meas- dits required under Procedure 1 in ac-
urement device must be ±1 percent of cordance with Performance Specifica-
the rate being measured. tion 8, Sections 8 and 11 using Method
(i) Verify the calibration of the de- 25A in appendix A to 40 CFR part 60 as
vice at least once every three months. the reference method; the relative ac-
(ii) Each hour, calculate the three- curacy must meet the criteria of Per-
hour rolling average activated carbon formance Specification 8, Section 13.2.
injection rate for the previous three (2) Performance tests on alkali by-
hours of process operation. See pass and coal mill stacks must be con-
§ 63.1349(b)(3). ducted using Method 25A in appendix A
(iii) When the operating status of the to 40 CFR part 60 and repeated every 30
raw mill of the in-line kiln/raw mill is months.

changed from off to on or from on to (j) Total organic HAP monitoring re-
off, the calculation of the three-hour quirements. If you are complying with
430
the total organic HAP emissions lim- (2) In order to quality assure data
its, you must continuously monitor measured above the span value, you
THC according to paragraph (i)(1) and must use one of the three options in
(2) of this section or in accordance with paragraphs (k)(2)(i) through (iii) of this
Performance Specification 8 or Per- section. Where the options in para-
formance Specification 8A of appendix graphs (k)(2)(i) through (iii) are em-
B to part 60 of this chapter and comply ployed while the kiln is operating in a
with all of the requirements for contin- mill-off mode, the ‘‘above span’’ de-
uous monitoring systems found in the scribed in paragraph (k)(2)(iii) may
general provisions, subpart A of this substitute for the daily upscale calibra-
part. You must operate and maintain tion provided the data normalization
each CEMS according to the quality as- process in paragraph (k)(2)(iii) are not
surance requirements in Procedure 1 of required. If data normalization is re-
appendix F in part 60 of this chapter. In quired, the normal daily upscale cali-
addition, your must follow the moni- bration check must be performed to
toring requirements in paragraphs quality assure the operation of the
(m)(1) through (4) of this section. You CEMS for that day. In this particular
must also develop an emissions moni- case, adjustments to CEMS normally
toring plan in accordance with para- required by Procedure 5 when a daily
graphs (p)(1) through (4) of this section. upscale does not meet the 5 percent cri-
(k) Mercury monitoring requirements. If terion are not required, unless para-
you have a kiln subject to an emissions graph (k)(2)(iii) of this section data
limitation on mercury emissions, you normalization is necessary and a subse-
must install and operate a mercury quent normal daily calibration check
continuous emissions monitoring sys- demonstrates the need for such adjust-
tem (Hg CEMS) in accordance with ment.
Performance Specification 12A (PS (i) Include a second span that encom-
12A) of appendix B to part 60 of this passes the Hg emission concentrations
chapter or an integrated sorbent trap expected to be encountered during
monitoring system in accordance with ‘‘mill off’’ conditions. This second span
Performance Specification 12B (PS 12B) may be rounded to a multiple of 5 μg/m3
of appendix B to part 60 of this chapter. of total mercury. The requirements of
You must monitor mercury continu- PS 12A, shall be followed for this sec-
ously according to paragraphs (k)(1) ond span with the exception that a
through (5) of this section. You must RATA with the mill off is not required.
also develop an emissions monitoring (ii) Quality assure any data above the
plan in accordance with paragraphs span value by proving instrument lin-
(p)(1) through (4) of this section. earity beyond the span value estab-
(1) You must use a span value for any lished in paragraph (k)(1) of this sec-
Hg CEMS that represents the mercury tion using the following procedure.
concentration corresponding to ap- Conduct a weekly ‘‘above span lin-
proximately two times the emissions earity’’ calibration challenge of the
standard and may be rounded up to the monitoring system using a reference
nearest multiple of 5 μg/m3 of total gas with a certified value greater than
mercury or higher level if necessary to your highest expected hourly con-
include Hg concentrations which may centration or greater than 75 percent of
occur (excluding concentrations during the highest measured hourly con-
in-line raw ‘‘mill off’’ operation). As centration. The ‘‘above span’’ reference
specified in PS 12A, Section 6.1.1, the gas must meet the requirements of PS
data recorder output range must in- 12A, Section 7.1 and must be introduced
clude the full range of expected Hg con- to the measurement system at the
centration values which would include probe. Record and report the results of
those expected during ‘‘mill off’’ condi- this procedure as you would for a daily
tions. Engineering judgments made and calibration. The ‘‘above span linearity’’
calculations used to determine the cor- challenge is successful if the value
responding span concentration from measured by the Hg CEMS falls within
the emission standard shall be docu- 10 percent of the certified value of the
mented in the site-specific monitoring reference gas. If the value measured by
plan and associated records. the Hg CEMS during the above span
431
§ 63.1350 40 CFR Ch. I (7–1–16 Edition)
linearity challenge exceeds ±10 percent cent of the highest expected hourly
of the certified value of the reference concentration measured during the pe-
gas, the monitoring system must be riod of measurements above span, and
evaluated and repaired and a new must be introduced at the probe. While
‘‘above span linearity’’ challenge met this target represents a desired con-
before returning the Hg CEMS to serv- centration range that is not always
ice, or data above span from the Hg achievable in practice, it is expected
CEMS must be subject to the quality that the intent to meet this range is
assurance procedures established in demonstrated by the value of the ref-
paragraph (k)(2)(iii) of this section. In erence gas. Expected values may in-
this manner all hourly average values clude ‘‘above span’’ calibrations done
exceeding the span value measured by
before or after the above span measure-
the Hg CEMS during the week fol-
ment period. Record and report the re-
lowing the above span linearity chal-
sults of this procedure as you would for
lenge when the CEMS response exceeds
±20 percent of the certified value of the a daily calibration. The ‘‘above span’’
reference gas must be normalized using calibration is successful if the value
Equation 22. measured by the Hg CEMS is within 20
(iii) Quality assure any data above percent of the certified value of the ref-
the span value established in paragraph erence gas. If the value measured by
(k)(1) of this section using the fol- the Hg CEMS exceeds 20 percent of the
lowing procedure. Any time two con- certified value of the reference gas,
secutive one-hour average measured then you must normalize the one-hour
concentrations of Hg exceeds the span average stack gas values measured
value you must, within 24 hours before above the span during the 24-hour pe-
or after, introduce a higher, ‘‘above riod preceding or following the ‘‘above
span’’ Hg reference gas standard to the span’’ calibration for reporting based
Hg CEMS. The ‘‘above span’’ reference on the Hg CEMS response to the ref-
gas must meet the requirements of PS erence gas as shown in equation 22
12A, Section 7.1, must target a con- below. Only one ‘‘above span’’ calibra-
centration level between 50 and 150 per- tion is needed per 24 hour period.
(3) You must operate and maintain (iii) For stack Hg concentrations ≤0.5
each Hg CEMS or an integrated sorbent μg/dscm and >0.1 μg/dscm, ≤50% of sec-
trap monitoring system according to tion 1 mass; and
the quality assurance requirements in (iv) For stack Hg concentrations ≤0.1
Procedure 5 of appendix F to part 60 of μg/dscm, no breakthrough criterion as-
this chapter. During the RATA of inte- suming all other QA/QC specifications
grated sorbent trap monitoring sys- are met.
tems required under Procedure 5, you (4) Relative accuracy testing of mer-
may apply the appropriate exception cury monitoring systems under PS 12A,
for sorbent trap section 2 breakthrough PS 12B, or Procedure 5 must be con-
in (k)(3)(i) through (iv) of this section: ducted at normal operating conditions.
(i) For stack Hg concentrations >1 μg/ If a facility has an inline raw mill, the
dscm, ≤10% of section 1 mass; testing must occur with the raw mill
(ii) For stack Hg concentrations ≤1 on.
μg/dscm and >0.5 μg/dscm, ≤20% of sec- (5) If you use a Hg CEMS or an inte-
tion 1 mass; grated sorbent trap monitoring system,

you must install, operate, calibrate,
432
ER11SE15.008</GPH>
and maintain an instrument for con- must monitor HCl emissions continu-
tinuously measuring and recording the ously according to paragraph (l)(1) or
exhaust gas flow rate to the atmos- (2) and paragraphs (m)(1) through (4) of
phere according to the requirements in this section or, if your kiln is con-
paragraphs (n)(1) through (10) of this trolled using a wet or dry scrubber or
section. If kiln gases are diverted tray tower, you alternatively may
through an alkali bypass or to a coal parametrically monitor SO2 emissions
mill and exhausted through separate continuously according to paragraph
stacks, you must account for the mer- (l)(3) of this section. You must also de-
cury emitted from those stacks by fol- velop an emissions monitoring plan in
lowing the procedures in (k)(5)(i) accordance with paragraphs (p)(1)
through (iv) of this section: through (4) of this section.
(i) Develop a mercury hourly mass (1) If you monitor compliance with
emissions rate by conducting perform- the HCl emissions limit by operating
ance tests annually, within 11 to 13 cal- an HCl CEMS, you must do so in ac-
endar months after the previous per- cordance with Performance Specifica-
formance test, using Method 29, or tion 15 (PS 15) of appendix B to part 60
Method 30B, to measure the concentra- of this chapter, or, upon promulgation,
tion of mercury in the gases exhausted in accordance with any other perform-
from the alkali bypass and coal mill. ance specification for HCl CEMS in ap-
(ii) On a continuous basis, determine pendix B to part 60 of this chapter. You
the mass emissions of mercury in lb/hr must operate, maintain, and quality
from the alkali bypass and coal mill assure a HCl CEMS installed and cer-
exhausts by using the mercury hourly tified under PS 15 according to the
emissions rate, the exhaust gas flow quality assurance requirements in Pro-
rate and hourly mercury emission rate cedure 1 of appendix F to part 60 of this
to calculate hourly mercury emissions chapter except that the Relative Accu-
in lb/hr. racy Test Audit requirements of Proce-
(iii) Sum the hourly mercury emis- dure 1 must be replaced with the vali-
sions from the kiln, alkali bypass and dation requirements and criteria of
coal mill to determine total mercury sections 11.1.1 and 12.0 of PS 15. When
emissions. Using hourly clinker pro- promulgated, if you choose to install
duction, calculate the hourly emissions and operate an HCl CEMS in accord-
rate in pounds per ton of clinker to de- ance with PS 18 of appendix B to part
termine your 30 day rolling average. 60 of this chapter, you must operate,
(iv) If mercury emissions from the maintain and quality assure the HCl
coal mill and alkali bypass are below CEMS using the associated Procedure 6
the method detection limit for two of appendix F to part 60 of this chapter.
consecutive annual performance tests, For any performance specification that
you may reduce the frequency of the you use, you must use Method 321 of
performance tests of coal mills and al- appendix A to part 63 of this chapter as
kali bypasses to once every 30 months. the reference test method for con-
If the measured mercury concentration ducting relative accuracy testing. The
exceeds the method detection limit, span value and calibration require-
you must revert to testing annually ments in paragraphs (l)(1)(i) and (ii) of
until two consecutive annual tests are this section apply to HCl CEMS other
below the method detection limit. than those installed and certified under
(6) If you operate an integrated sor- PS 15.
bent trap monitoring system con- (i) You must use a measurement span
forming to PS 12B, you may use a mon- value for any HCl CEMS of 0–10 ppmvw
itoring period at least 24 hours but no unless the monitor is installed on a
longer than 168 hours in length. You kiln without an inline raw mill. Kilns
should use a monitoring period that is without an inline raw mill may use a
a multiple of 24 hours (except during higher span value sufficient to quantify
relative accuracy testing as allowed in all expected emissions concentrations.
PS 12B). The HCl CEMS data recorder output
(l) HCl Monitoring Requirements. If range must include the full range of ex-
you are subject to an emissions limita- pected HCl concentration values which
tion on HCl emissions in § 63.1343, you would include those expected during
433
§ 63.1350 40 CFR Ch. I (7–1–16 Edition)
‘‘mill off’’ conditions. The cor- response exceeding ±20 percent of the
responding data recorder range shall be certified value of the reference gas re-
documented in the site-specific moni- quires that all above span hourly aver-
toring plan and associated records. ages during the week following the
(ii) In order to quality assure data above span linearity challenge must be
measured above the span value, you normalized using Equation 23.
must use one of the three options in (C) Quality assure any data above the
paragraphs (l)(1)(ii)(A) through (C) of span value established in paragraph
this section. (l)(1)(i) of this section using the fol-
(A) Include a second span that en- lowing procedure. Any time two con-
compasses the HCl emission concentra- secutive one-hour average measured
tions expected to be encountered dur- concentration of HCl exceeds the span
ing ‘‘mill off’’ conditions. This second value you must, within 24 hours before
span may be rounded to a multiple of 5 or after, introduce a higher, ‘‘above
ppm of total HCl. The requirements of span’’ HCl reference gas standard to
the appropriate HCl monitor perform- the HCl CEMS. The ‘‘above span’’ ref-
ance specification shall be followed for erence gas must meet the requirements
this second span with the exception of the applicable performance speci-
that a RATA with the mill off is not fication and target a concentration
required. level between 50 and 150 percent of the
(B) Quality assure any data above the highest expected hourly concentration
span value by proving instrument lin- measured during the period of measure-
earity beyond the span value estab- ments above span, and must be intro-
lished in paragraph (l)(1)(i) of this sec- duced at the probe. While this target
tion using the following procedure. represents a desired concentration
Conduct a weekly ‘‘above span lin- range that is not always achievable in
earity’’ calibration challenge of the practice, it is expected that the intent
monitoring system using a reference to meet this range is demonstrated by
gas with a certified value greater than the value of the reference gas. Ex-
your highest expected hourly con- pected values may include above span
centration or greater than 75 percent of calibrations done before or after the
the highest measured hourly con- above-span measurement period.
centration. The ‘‘above span’’ reference Record and report the results of this
gas must meet the requirements of the procedure as you would for a daily cali-
applicable performance specification bration. The ‘‘above span’’ calibration
and must be introduced to the meas- is successful if the value measured by
urement system at the probe. Record the HCl CEMS is within 20 percent of
and report the results of this procedure the certified value of the reference gas.
as you would for a daily calibration. If the value measured by the HCl CEMS
The ‘‘above span linearity’’ challenge is not within 20 percent of the certified
is successful if the value measured by value of the reference gas, then you
the HCl CEMS falls within 10 percent of must normalize the stack gas values
the certified value of the reference gas. measured above span as described in
If the value measured by the HCl CEMS paragraph (l)(1)(ii)(D) of this section.
during the above span linearity chal- (D) In the event that the ‘‘above
lenge exceeds 10 percent of the certified span’’ calibration is not successful (i.e.,
value of the reference gas, the moni- the HCl CEMS measured value is not
toring system must be evaluated and within 20 percent of the certified value
repaired and a new ‘‘above span lin- of the reference gas), then you must
earity’’ challenge met before returning normalize the one-hour average stack
the HCl CEMS to service, or data above gas values measured above the span
span from the HCl CEMS must be sub- during the 24-hour period preceding or
ject to the quality assurance proce- following the ‘above span’ calibration
dures established in paragraph for reporting based on the HCl CEMS
(l)(1)(ii)(D) of this section. Any HCl response to the reference gas as shown
CEMS above span linearity challenge in Equation 23:
434
Only one ‘‘above span’’ calibration is (2) You must conduct all monitoring
needed per 24-hour period. in continuous operation at all times
(2) Install, operate, and maintain a that the unit is operating.
CMS to monitor wet scrubber or tray (3) Determine the 1-hour block aver-
tower parameters, as specified in para- age of all recorded readings.
graphs (m)(5) and (7) of this section, (4) Record the results of each inspec-
and dry scrubber, as specified in para- tion, calibration, and validation check.
graph (m)(9) of this section. (5) Liquid flow rate monitoring require-
(3) If the source is equipped with a ments. If you have an operating limit
wet or dry scrubber or tray tower, and that requires the use of a flow meas-
you choose to monitor SO2 emissions, urement device, you must meet the re-
monitor SO2 emissions continuously quirements in paragraphs (m)(5)(i)
according to the requirements of through (iv) of this section.
§ 60.63(e) and (f) of part 60 subpart F of (i) Locate the flow sensor and other
this chapter. If SO2 levels increase necessary equipment in a position that
above the 30-day rolling average SO2 provides a representative flow.
operating limit established during your (ii) Use a flow sensor with a measure-
performance test, you must: ment sensitivity of 2 percent of the
(i) As soon as possible but no later flow rate.
than 48 hours after you exceed the es- (iii) Reduce swirling flow or abnor-
tablished SO2 value conduct an inspec- mal velocity distributions due to up-
tion and take corrective action to re- stream and downstream disturbances.
turn the SO2 emissions to within the (iv) Conduct a flow sensor calibration
operating limit; and check at least semiannually.
(ii) Within 60 days of the exceedance (6) Specific pressure monitoring require-
or at the time of the next compliance ments. If you have an operating limit
test, whichever comes first, conduct an that requires the use of a pressure
HCl emissions compliance test to de- measurement device, you must meet
termine compliance with the HCl emis- the requirements in paragraphs
sions limit and to verify or re-establish (m)(6)(i) through (vi) of this section.
the SO2 CEMS operating limit. (i) Locate the pressure sensor(s) in a
(m) Parameter monitoring requirements. position that provides a representative
If you have an operating limit that re- measurement of the pressure.
quires the use of a CMS, you must in- (ii) Minimize or eliminate pulsating
stall, operate, and maintain each con- pressure, vibration, and internal and
tinuous parameter monitoring system external corrosion.
(CPMS) according to the procedures in (iii) Use a gauge with a minimum tol-
paragraphs (m)(1) through (4) of this erance of 1.27 centimeters of water or a
section by the compliance date speci- transducer with a minimum tolerance
fied in § 63.1351. You must also meet the of 1 percent of the pressure range.
applicable specific parameter moni- (iv) Check pressure tap pluggage
toring requirements in paragraphs daily.
(m)(5) through (11) that are applicable (v) Using a manometer, check gauge
to you. calibration quarterly and transducer
(1) The CMS must complete a min- calibration monthly.
imum of one cycle of operation for (vi) Conduct calibration checks any
each successive 15-minute period. You time the sensor exceeds the manufac-
must have a minimum of four succes- turer’s specified maximum operating

sive cycles of operation to have a valid pressure range or install a new pres-
hour of data. sure sensor.
435
ER27JY15.033</GPH>
§ 63.1350 40 CFR Ch. I (7–1–16 Edition)
(7) Specific pH monitoring requirements. tions of 10 or fewer milligrams per ac-

If you have an operating limit that re- tual cubic meter.
quires the use of a pH measurement de- (iv) The BLDS sensor must provide
vice, you must meet the requirements output of relative or absolute PM load-
in paragraphs (m)(7)(i) through (iii) of ings.
this section. (v) The BLDS must be equipped with
(i) Locate the pH sensor in a position a device to continuously record the
that provides a representative meas- output signal from the sensor.
urement of wet scrubber or tray tower (vi) The BLDS must be equipped with
effluent pH. an alarm system that will alert an op-
(ii) Ensure the sample is properly erator automatically when an increase
mixed and representative of the fluid in relative PM emissions over a preset
to be measured. level is detected. The alarm must be lo-
(iii) Check the pH meter’s calibration cated such that the alert is detected
on at least two points every 8 hours of and recognized easily by an operator.
process operation. (vii) For positive pressure fabric fil-
(8) [Reserved] ter systems that do not duct all com-
(9) Mass flow rate (for sorbent injection) partments of cells to a common stack,
monitoring requirements. If you have an a BLDS must be installed in each
operating limit that requires the use of baghouse compartment or cell.
equipment to monitor sorbent injec- (viii) Where multiple bag leak detec-
tion rate (e.g., weigh belt, weigh hop- tors are required, the system’s instru-
per, or hopper flow measurement de- mentation and alarm may be shared
vice), you must meet the requirements among detectors.
in paragraphs (m)(9)(i) through (iii) of (11) For each BLDS, the owner or op-
this section. These requirements also erator must initiate procedures to de-
apply to the sorbent injection equip- termine the cause of every alarm with-
ment of a dry scrubber. in 8 hours of the alarm. The owner or
(i) Locate the device in a position(s) operator must alleviate the cause of
that provides a representative meas- the alarm within 24 hours of the alarm
urement of the total sorbent injection by taking whatever corrective action(s)
rate. are necessary. Corrective actions may
(ii) Install and calibrate the device in include, but are not limited to the fol-
accordance with manufacturer’s proce- lowing:
dures and specifications. (i) Inspecting the fabric filter for air
(iii) At least annually, calibrate the leaks, torn or broken bags or filter
device in accordance with the manufac- media, or any other condition that
turer’s procedures and specifications. may cause an increase in PM emis-
(10) Bag leak detection monitoring re- sions;
quirements. If you elect to use a fabric (ii) Sealing off defective bags or filter
filter bag leak detection system to media;
comply with the requirements of this (iii) Replacing defective bags or filter
subpart, you must install, calibrate, media or otherwise repairing the con-
maintain, and continuously operate a trol device;
BLDS as specified in paragraphs (iv) Sealing off a defective fabric fil-
(m)(10)(i) through (viii) of this section. ter compartment;
(i) You must install and operate a (v) Cleaning the BLDS probe or oth-
BLDS for each exhaust stack of the erwise repairing the BLDS; or
fabric filter. (vi) Shutting down the process pro-
(ii) Each BLDS must be installed, op- ducing the PM emissions.
erated, calibrated, and maintained in a (n) Continuous Flow Rate Monitoring
manner consistent with the manufac- System. You must install, operate, cali-
turer’s written specifications and rec- brate, and maintain instruments, ac-
ommendations and in accordance with cording to the requirements in para-
the guidance provided in EPA–454/R–98– graphs (n)(1) through (10) of this sec-
015, September 1997. tion, for continuously measuring and
(iii) The BLDS must be certified by recording the stack gas flow rate to
the manufacturer to be capable of de- allow determination of the pollutant
tecting PM emissions at concentra- mass emissions rate to the atmosphere
436
from sources subject to an emissions of appendix B to part 60 of the chapter

limitation that has a pounds per ton of with the exceptions in paragraphs
clinker unit and that is required to be (n)(8)(i) and (n)(8)(ii) of this section.
monitored by a CEMS. (i) The relative accuracy test is to
(1) You must install each sensor of evaluate the flow rate monitoring sys-
the flow rate monitoring system in a tem alone rather than a continuous
location that provides representative emission rate monitoring system.
measurement of the exhaust gas flow (ii) The relative accuracy of the flow
rate at the sampling location of the rate monitoring system shall be no
mercury CEMS, taking into account greater than 10 percent of the mean
the manufacturer’s recommendations. value of the reference method data.
The flow rate sensor is that portion of (9) You must verify the accuracy of
the system that senses the volumetric the flow rate monitoring system at
flow rate and generates an output pro- least once per year by repeating the
portional to that flow rate. relative accuracy test specified in
(2) The flow rate monitoring system paragraph (n)(8).
must be designed to measure the ex- (10) You must operate the flow rate
haust flow rate over a range that ex- monitoring system and record data
tends from a value of at least 20 per- during all periods of operation of the
cent less than the lowest expected ex- affected facility including periods of
haust flow rate to a value of at least 20 startup, shutdown, and malfunction,
percent greater than the highest ex- except for periods of monitoring sys-
pected exhaust flow rate. tem malfunctions, repairs associated
(3) [Reserved] with monitoring system malfunctions,
(4) The flow rate monitoring system and required monitoring system qual-
must be equipped with a data acquisi- ity assurance or quality control activi-
tion and recording system that is capa- ties (including, as applicable, calibra-
ble of recording values over the entire tion checks and required zero and span
range specified in paragraph (n)(2) of adjustments).
this section. (o) Alternate monitoring requirements
(5) The signal conditioner, wiring, approval. You may submit an applica-
power supply, and data acquisition and tion to the Administrator for approval
recording system for the flow rate of alternate monitoring requirements
monitoring system must be compatible to demonstrate compliance with the
with the output signal of the flow rate emission standards of this subpart sub-
sensors used in the monitoring system. ject to the provisions of paragraphs
(6) The flow rate monitoring system (o)(1) through (6) of this section.
must be designed to complete a min- (1) The Administrator will not ap-
imum of one cycle of operation for prove averaging periods other than
each successive 15-minute period. those specified in this section, unless
(7) The flow rate sensor must have you document, using data or informa-
provisions to determine the daily zero tion, that the longer averaging period
and upscale calibration drift (CD) (see will ensure that emissions do not ex-
sections 3.1 and 8.3 of Performance ceed levels achieved during the per-
Specification 2 in appendix B to Part 60 formance test over any increment of
of this chapter for a discussion of CD). time equivalent to the time required to
(i) Conduct the CD tests at two ref- conduct three runs of the performance
erence signal levels, zero (e.g., 0 to 20 test.
percent of span) and upscale (e.g., 50 to (2) If the application to use an alter-
70 percent of span). nate monitoring requirement is ap-
(ii) The absolute value of the dif- proved, you must continue to use the
ference between the flow monitor re- original monitoring requirement until
sponse and the reference signal must be approval is received to use another
equal to or less than 3 percent of the monitoring requirement.
flow monitor span. (3) You must submit the application
(8) You must perform an initial rel- for approval of alternate monitoring
ative accuracy test of the flow rate requirements no later than the notifi-
monitoring system according to Sec- cation of performance test. The appli-
tion 8.2 of Performance Specification 6 cation must contain the information
437
§ 63.1350 40 CFR Ch. I (7–1–16 Edition)
specified in paragraphs (o)(3)(i) through essary to demonstrate compliance with

(iii) of this section: the emission standards of this subpart.
(i) Data or information justifying the (p) Development and submittal (upon
request, such as the technical or eco- request) of monitoring plans. If you dem-
nomic infeasibility, or the imprac- onstrate compliance with any applica-
ticality of using the required approach; ble emissions limit through perform-
(ii) A description of the proposed al- ance stack testing or other emissions
ternative monitoring requirement, in- monitoring, you must develop a site-
cluding the operating parameter to be specific monitoring plan according to
monitored, the monitoring approach the requirements in paragraphs (p)(1)
and technique, the averaging period for through (4) of this section. This re-
the limit, and how the limit is to be quirement also applies to you if you pe-
calculated; and tition the EPA Administrator for alter-
(iii) Data or information docu- native monitoring parameters under
menting that the alternative moni- paragraph (o) of this section and
toring requirement would provide § 63.8(f). If you use a BLDS, you must
equivalent or better assurance of com- also meet the requirements specified in
pliance with the relevant emission paragraph (p)(5) of this section.
standard. (1) For each CMS required in this sec-
tion, you must develop, and submit to
(4) The Administrator will notify you
the permitting authority for approval
of the approval or denial of the applica-
upon request, a site-specific moni-
tion within 90 calendar days after re-
toring plan that addresses paragraphs
ceipt of the original request, or within
(p)(1)(i) through (iii) of this section.
60 calendar days of the receipt of any You must submit this site-specific
supplementary information, whichever monitoring plan, if requested, at least
is later. The Administrator will not ap- 30 days before your initial performance
prove an alternate monitoring applica- evaluation of your CMS.
tion unless it would provide equivalent (i) Installation of the CMS sampling
or better assurance of compliance with probe or other interface at a measure-
the relevant emission standard. Before ment location relative to each affected
disapproving any alternate monitoring process unit such that the measure-
application, the Administrator will ment is representative of control of the
provide: exhaust emissions (e.g., on or down-
(i) Notice of the information and stream of the last control device);
findings upon which the intended dis- (ii) Performance and equipment spec-
approval is based; and ifications for the sample interface, the
(ii) Notice of opportunity for you to pollutant concentration or parametric
present additional supporting informa- signal analyzer, and the data collection
tion before final action is taken on the and reduction systems; and
application. This notice will specify (iii) Performance evaluation proce-
how much additional time is allowed dures and acceptance criteria (e.g.,
for you to provide additional sup- calibrations).
porting information. (2) In your site-specific monitoring
(5) You are responsible for submit- plan, you must also address paragraphs
ting any supporting information in a (p)(2)(i) through (iii) of this section.
timely manner to enable the Adminis- (i) Ongoing operation and mainte-
trator to consider the application prior nance procedures in accordance with
to the performance test. Neither sub- the general requirements of § 63.8(c)(1),
mittal of an application, nor the Ad- (c)(3), and (c)(4)(ii);
ministrator’s failure to approve or dis- (ii) Ongoing data quality assurance
approve the application relieves you of procedures in accordance with the gen-
the responsibility to comply with any eral requirements of § 63.8(d); and
provision of this subpart. (iii) Ongoing recordkeeping and re-
(6) The Administrator may decide at porting procedures in accordance with
any time, on a case-by-case basis that the general requirements of § 63.10(c),
additional or alternative operating (e)(1), and (e)(2)(i).

limits, or alternative approaches to es- (3) You must conduct a performance
tablishing operating limits, are nec- evaluation of each CMS in accordance
438
with your site-specific monitoring except for the open clinker pile re-
plan. quirements will be September 9, 2015.
(4) You must operate and maintain (d) The compliance date for new
the CMS in continuous operation ac- sources is February 12, 2013, or startup,
cording to the site-specific monitoring whichever is later.
plan. (e) The compliance date for existing
(5) BLDS monitoring plan. Each moni- sources with the requirements for open
toring plan must describe the items in clinker storage piles in § 63.1343(c) is
paragraphs (p)(5)(i) through (v) of this February 12, 2014.
section. At a minimum, you must re- [76 FR 2836, Jan. 18, 2011, as amended at 78
tain records related to the site-specific FR 10053, Feb. 12, 2013]
monitoring plan and information dis-
cussed in paragraphs (m)(1) through (4), § 63.1352 Additional test methods.
(m)(10) and (11) of this section for a pe- (a) If you are conducting tests to de-
riod of 5 years, with at least the first 2 termine the rates of emission of HCl
years on-site; from kilns and associated bypass
(i) Installation of the BLDS; stacks at portland cement manufac-
(ii) Initial and periodic adjustment of turing facilities, for use in applica-
the BLDS, including how the alarm bility determinations under § 63.1340,
set-point will be established; you may use Method 320 or Method 321
(iii) Operation of the BLDS, includ- of appendix A of this part.
ing quality assurance procedures; (b) Owners or operators conducting
(iv) How the BLDS will be main- tests to determine the rates of emis-
tained, including a routine mainte- sion of specific organic HAP from raw
nance schedule and spare parts inven- material dryers, and kilns at Portland
tory list; cement manufacturing facilities, solely
(v) How the BLDS output will be re- for use in applicability determinations
corded and stored. under § 63.1340 of this subpart are per-
mitted to use Method 320 of appendix A
[75 FR 55059, Sept. 9, 2010, as amended at 76 to this part, or Method 18 of appendix
FR 2836, Jan. 18, 2011; 78 FR 10048, Feb. 12, A to part 60 of this chapter.
2013; 80 FR 44788, July 27, 2015; 80 FR 54729,
Sept. 11, 2015] [75 FR 55063, Sept. 9, 2010, as amended at 78
FR 10053, Feb. 12, 2013]
§ 63.1351 Compliance dates.
NOTIFICATION, REPORTING AND
(a) The compliance date for any af- RECORDKEEPING
fected existing source subject to any
rule requirements that were in effect § 63.1353 Notification requirements.
before December 20, 2006, is: (a) The notification provisions of 40
(1) June 14, 2002, for sources that CFR part 63, subpart A that apply and
commenced construction before or on those that do not apply to owners and
March 24, 1998, or operators of affected sources subject to
(2) June 14, 1999 or startup for sources this subpart are listed in Table 1 of this
that commenced construction after subpart. If any State requires a notice
March 24, 1998. that contains all of the information re-
(b) The compliance date for any af- quired in a notification listed in this
fected existing source subject to any section, the owner or operator may
rule requirements that became effec- send the Administrator a copy of the
tive on December 20, 2006, is: notice sent to the State to satisfy the
(1) December 21, 2009, for sources that requirements of this section for that
commenced construction after Decem- notification.
ber 2, 2005 and before or on December (b) Each owner or operator subject to
20, 2006, or the requirements of this subpart shall
(2) Startup for sources that com- comply with the notification require-
menced construction after December ments in § 63.9 as follows:
20, 2006. (1) Initial notifications as required by
(c) The compliance date for existing § 63.9(b) through (d). For the purposes
sources for all the requirements that of this subpart, a Title V or 40 CFR
became effective on February 12, 2013, part 70 permit application may be used
439
§ 63.1354 40 CFR Ch. I (7–1–16 Edition)
in lieu of the initial notification results of performance tests as part of

quired under § 63.9(b), provided the the notification of compliance status.
same information is contained in the (2) As required by § 63.10(d)(3), the
permit application as required by owner or operator of an affected source
§ 63.9(b), and the State to which the shall report the opacity results from
permit application has been submitted tests required by § 63.1349.
has an approved operating permit pro- (3) As required by § 63.10(d)(4), the
gram under part 70 of this chapter and owner or operator of an affected source
has received delegation of authority who is required to submit progress re-
from the EPA. Permit applications ports as a condition of receiving an ex-
shall be submitted by the same due tension of compliance under § 63.6(i)
dates as those specified for the initial shall submit such reports by the dates
notification. specified in the written extension of
(2) Notification of performance tests, compliance.
as required by §§ 63.7 and 63.9(e). (4)–(5) [Reserved]
(3) Notification of opacity and visible (6) As required by § 63.10(e)(2), the
emission observations required by owner or operator shall submit a writ-
§ 63.1349 in accordance with §§ 63.6(h)(5) ten report of the results of the per-
and 63.9(f). formance evaluation for the continuous
(4) Notification, as required by monitoring system required by § 63.8(e).
§ 63.9(g), of the date that the contin- The owner or operator shall submit the
uous emission monitor performance report simultaneously with the results
evaluation required by § 63.8(e) is sched- of the performance test.
uled to begin. (7) As required by § 63.10(e)(2), the
(5) Notification of compliance status, owner or operator of an affected source
as required by § 63.9(h). using a continuous opacity monitoring
(6) Within 48 hours of an exceedance system to determine opacity compli-
that triggers retesting to establish ance during any performance test re-
compliance and new operating limits, quired under § 63.7 and described in
notify the appropriate permitting § 63.6(d)(6) shall report the results of
agency of the planned performance the continuous opacity monitoring sys-
tests. The notification requirements of tem performance evaluation conducted
§§ 63.7(b) and 63.9(e) do not apply to re- under § 63.8(e).
testing required for exceedances under (8) As required by § 63.10(e)(3), the
this subpart. owner or operator of an affected source
equipped with a continuous emission
[64 FR 31925, June 14, 1999, as amended at 78 monitor shall submit an excess emis-
FR 10053, Feb. 12, 2013] sions and continuous monitoring sys-
tem performance report for any event
§ 63.1354 Reporting requirements.
when the continuous monitoring sys-
(a) The reporting provisions of sub- tem data indicate the source is not in
part A of this part that apply and those compliance with the applicable emis-
that do not apply to owners or opera- sion limitation or operating parameter
tors of affected sources subject to this limit.
subpart are listed in Table 1 of this (9) The owner or operator shall sub-
subpart. If any State requires a report mit a summary report semiannually to
that contains all of the information re- the EPA via the Compliance and Emis-
quired in a report listed in this section, sions Data Reporting Interface
the owner or operator may send the (CEDRI). (CEDRI can be accessed
Administrator a copy of the report sent through the EPA’s Central Data Ex-
to the State to satisfy the require- change (CDX) (www.epa.gov/cdx).) You
ments of this section for that report. must use the appropriate electronic re-
(b) The owner or operator of an af- port in CEDRI for this subpart. Instead
fected source shall comply with the re- of using the electronic report in CEDRI
porting requirements specified in § 63.10 for this subpart, you may submit an al-
of the general provisions of this part ternate electronic file consistent with
63, subpart A as follows: the extensible markup language (XML)

(1) As required by § 63.10(d)(2), the schema listed on the CEDRI Web site
owner or operator shall report the re- (http://www.epa.gov/ttn/chief/cedri/
440
index.html), once the XML schema is must submit relative accuracy test
available. If the reporting form specific audit (RATA) data to the EPA’s CDX
to this subpart is not available in by using CEDRI in accordance with
CEDRI at the time that the report is paragraph (b)(9) of this section. Only
due, you must submit the report the RATA pollutants that can be docu-
Administrator at the appropriate ad- mented with the ERT (as listed on the
dress listed in § 63.13. You must begin ERT Web site) are subject to this re-
submitting reports via CEDRI no later quirement. For any performance eval-
than 90 days after the form becomes uations with no corresponding RATA
available in CEDRI. The reports must pollutants listed on the ERT Web site,
be submitted by the deadline specified you must submit the results of the per-
in this subpart, regardless of the meth- formance evaluation to the Adminis-
od in which the reports are submitted. trator at the appropriate address listed
The report must contain the informa- in § 63.13.
tion specified in § 63.10(e)(3)(vi). In addi- (ix) For PM performance test reports
tion, the summary report shall include: used to set a PM CPMS operating
(i) All exceedances of maximum con- limit, the electronic submission of the
trol device inlet gas temperature lim- test report must also include the make
its specified in § 63.1346(a) and (b); and model of the PM CPMS instru-
(ii) Notification of any failure to ment, serial number of the instrument,
calibrate thermocouples and other analytical principle of the instrument
temperature sensors as required under (e.g. beta attenuation), span of the in-
§ 63.1350(g)(1)(iii) of this subpart; and struments primary analytical range,
(iii) Notification of any failure to milliamp value equivalent to the in-
maintain the activated carbon injec- strument zero output, technique by
tion rate, and the activated carbon in- which this zero value was determined,
jection carrier gas flow rate or pressure and the average milliamp signals cor-
drop, as applicable, as required under responding to each PM compliance test
§ 63.1346(c)(2). run.
(iv) Notification of failure to conduct
(x) All reports required by this sub-
any combustion system component in-
part not subject to the requirements in
spections conducted within the report-
paragraphs (b)(9) introductory text and
ing period as required under
§ 63.1347(a)(3). (b)(9)(viii) of this section must be sent
(v) Any and all failures to comply to the Administrator at the appro-
with any provision of the operation and priate address listed in § 63.13. The Ad-
maintenance plan developed in accord- ministrator or the delegated authority
ance with § 63.1347(a). may request a report in any form suit-
(vi) For each PM CPMS, HCl, Hg, and able for the specific case (e.g., by com-
THC CEMS, D/F temperature moni- monly used electronic media such as
toring system, or Hg sorbent trap mon- Excel spreadsheet, on CD or hard copy).
itoring system, within 60 days after the The Administrator retains the right to
reporting periods, you must report all require submittal of reports subject to
of the calculated 30-operating day roll- paragraph (b)(9) introductory text and
ing average values derived from the (b)(9)(viii) of this section in paper for-
CPMS, CEMS, CMS, or Hg sorbent trap mat.
monitoring systems. (10) If the total continuous moni-
(vii) In response to each violation of toring system downtime for any CEM
an emissions standard or established or any continuous monitoring system
operating parameter limit, the date, (CMS) for the reporting period is ten
duration and description of each viola- percent or greater of the total oper-
tion and the specific actions taken for ating time for the reporting period, the
each violation including inspections, owner or operator shall submit an ex-
corrective actions and repeat perform- cess emissions and continuous moni-
ance tests and the results of those ac- toring system performance report
tions. along with the summary report.
(viii) Within 60 days after the date of (c) Reporting a failure to meet a
completing each CEMS performance standard due to a malfunction. For
evaluation test as defined in § 63.2, you each failure to meet a standard or
441
§ 63.1355 40 CFR Ch. I (7–1–16 Edition)
emissions limit caused by a malfunc- a waiver of recordkeeping or reporting

tion at an affected source, you must re- requirements.
port the failure in the semi-annual (c) In addition to the recordkeeping
compliance report required by requirements in paragraph (b) of this
§ 63.1354(b)(9). The report must contain section, the owner or operator of an af-
the date, time and duration, and the fected source equipped with a contin-
cause of each event (including un- uous monitoring system shall maintain
known cause, if applicable), and a sum all records required by § 63.10(c).
of the number of events in the report-
(d) [Reserved]
ing period. The report must list for
each event the affected source or (f) You must keep records of the date,
equipment, an estimate of the volume time and duration of each startup or
of each regulated pollutant emitted shutdown period for any affected
over the emission limit for which the source that is subject to a standard
source failed to meet a standard, and a during startup or shutdown that differs
description of the method used to esti- from the standard applicable at other
mate the emissions. The report must times, and the quantity of feed and fuel
also include a description of actions used during the startup or shutdown
taken by an owner or operator during a period.
malfunction of an affected source to (g)(1) You must keep records of the
minimize emissions in accordance with date, time and duration of each mal-
§ 63.1348(d), including actions taken to function that causes an affected source
correct a malfunction. to fail to meet an applicable standard;
[64 FR 31925, June 14, 1999, as amended at 75 if there was also a monitoring malfunc-
FR 55063, Sept. 9, 2010; 78 FR 10053, Feb. 12, tion, the date, time and duration of the
2013; 80 FR 44790, July 27, 2015] monitoring malfunction; the record
must list the affected source or equip-
§ 63.1355 Recordkeeping requirements.
ment, an estimate of the volume of
(a) The owner or operator shall main- each regulated pollutant emitted over
tain files of all information (including the standard for which the source
all reports and notifications) required failed to meet a standard, and a de-
by this section recorded in a form suit- scription of the method used to esti-
able and readily available for inspec-
mate the emissions.
tion and review as required by
§ 63.10(b)(1). The files shall be retained (2) You must keep records of actions
for at least five years following the taken during periods of malfunction to
date of each occurrence, measurement, minimize emissions in accordance with
maintenance, corrective action, report, § 63.1348(d) including corrective actions
or record. At a minimum, the most re- to restore malfunctioning process and
cent two years of data shall be retained air pollution control and monitoring
on site. The remaining three years of equipment to its normal or usual man-
data may be retained off site. The files ner of operation.
may be maintained on microfilm, on a (h) For each exceedance from an
computer, on floppy disks, on magnetic emissions standard or established oper-
tape, or on microfiche. ating parameter limit, you must keep
(b) The owner or operator shall main- records of the date, duration and de-
tain records for each affected source as scription of each exceedance and the
required by § 63.10(b)(2) and (b)(3) of this specific actions taken for each exceed-
part; and ance including inspections, corrective
(1) All documentation supporting ini- actions and repeat performance tests
tial notifications and notifications of and the results of those actions.
compliance status under § 63.9;
(2) All records of applicability deter- [64 FR 31925, June 14, 1999, as amended at 71
mination, including supporting anal- FR 76552, Dec. 20, 2006; 75 FR 55064, Sept. 9,
yses; and 2010; 78 FR 10053, Feb. 12, 2013; 80 FR 44791,
(3) If the owner or operator has been July 27, 2015]
granted a waiver under § 63.8(f)(6), any

information demonstrating whether a
source is meeting the requirements for
442
Environmental Protection Agency Pt. 63, Subpt. LLL, Table 1
OTHER is delegated to a State, local, or Tribal

agency.
§ 63.1356 Sources with multiple emis- (b) In delegating implementation and
sions limit or monitoring require- enforcement authority of this subpart
ments.
to a State, local, or Tribal agency
If you have an affected source subject under subpart E of this part, the au-
to this subpart with a different emis- thorities contained in paragraph (c) of
sions limit or requirement for the same this section are retained by the Admin-
pollutant under another regulation in istrator of U.S. EPA and cannot be
title 40 of this chapter, once you are in transferred to the State, local, or Trib-
compliance with the most stringent al agency.
emissions limit or requirement, you (c) The authorities that cannot be
are not subject to the less stringent re- delegated to State, local, or Tribal
quirement. Until you are in compliance agencies are as specified in paragraphs
with the more stringent limit, the less (c)(1) through (4) of this section.
stringent limit continues to apply.
(1) Approval of alternatives to the re-
[80 FR 44791, July 27, 2015] quirements in §§ 63.1340, 63.1342 through
63.1348, and 63.1351.
§ 63.1357 [Reserved] (2) Approval of major alternatives to
§ 63.1358 Implementation and enforce- test methods under § 63.7(e)(2)(ii) and
ment. (f), as defined in § 63.90, and as required
in this subpart.
(a) This subpart can be implemented
(3) Approval of major alternatives to
and enforced by the U.S. EPA, or a del-
monitoring under § 63.8(f), as defined in
egated authority such as the applicable
§ 63.90, and as required in this subpart.
State, local, or Tribal agency. If the
U.S. EPA Administrator has delegated (4) Approval of major alternatives to
authority to a State, local, or Tribal recordkeeping and reporting under
agency, then that agency, in addition § 63.10(f), as defined in § 63.90, and as re-
to the U.S. EPA, has the authority to quired in this subpart.
implement and enforce this subpart. [68 FR 37359, June 23, 2003]
Contact the applicable U.S. EPA Re-
gional Office to find out if this subpart § 63.1359 [Reserved]
TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

Citation Requirement Applies to subpart LLL Explanation
63.1(a)(1)–(4) ........................... Applicability ............................ Yes.

63.1(a)(5) ................................. ................................................ No ........................................... [Reserved].
63.1(a)(6)–(8) ........................... Applicability ............................ Yes.
63.1(a)(9) ................................. ................................................ No ........................................... [Reserved].
63.1(a)(10)–(14) ....................... Applicability ............................ Yes.
63.1(b)(1) ................................. Initial Applicability Determina- No ........................................... § 63.1340 specifies applica-
tion. bility.
63.1(b)(2)–(3) ........................... Initial Applicability Determina- Yes.
tion.
63.1(c)(1) ................................. Applicability After Standard Yes.
Established.
63.1(c)(2) ................................. Permit Requirements ............. Yes ......................................... Area sources must obtain
Title V permits.
63.1(c)(3) ................................. ................................................ No ........................................... [Reserved].
63.1(c)(4)–(5) ........................... Extensions, Notifications ........ Yes.
63.1(d) ..................................... ................................................ No ........................................... [Reserved].
63.1(e) ..................................... Applicability of Permit Pro- Yes.
gram.
63.2 .......................................... Definitions .............................. Yes ......................................... Additional definitions in
§ 63.1341.
63.3(a)–(c) ............................... Units and Abbreviations ......... Yes.
63.4(a)(1)–(3) ........................... Prohibited Activities ................ Yes.
63.4(a)(4) ................................. ................................................ No ........................................... [Reserved].
63.4(a)(5) ................................. Compliance date .................... Yes.

63.4(b)–(c) ............................... Circumvention, Severability ... Yes.
63.5(a)(1)–(2) ........................... Construction/Reconstruction .. Yes.
63.5(b)(1) ................................. Compliance Dates .................. Yes.
443
Pt. 63, Subpt. LLL, Table 1 40 CFR Ch. I (7–1–16 Edition)
63.5(b)(2) ................................. ................................................ No ........................................... [Reserved].

63.5(b)(3)–(6) ........................... Construction Approval, Appli- Yes.
cability.
63.5(c) ...................................... ................................................ No ........................................... [Reserved].
63.5(d)(1)–(4) ........................... Approval of Construction/Re- Yes.
construction.
63.5(e) ..................................... Approval of Construction/Re- Yes.
construction.
63.5(f)(1)–(2) ............................ Approval of Construction/Re- Yes.
construction.
63.6(a) ..................................... Compliance for Standards Yes.
and Maintenance.
63.6(b)(1)–(5) ........................... Compliance Dates .................. Yes.
63.6(b)(6) ................................. ................................................ No ........................................... [Reserved].
63.6(b)(7) ................................. Compliance Dates .................. Yes.
63.6(c)(1)–(2) ........................... Compliance Dates .................. Yes.
63.6(c)(3)–(4) ........................... ................................................ No ........................................... [Reserved].
63.6(c)(5) ................................. Compliance Dates .................. Yes.
63.6(d) ..................................... ................................................ No ........................................... [Reserved].
63.6(e)(1)–(2) ........................... Operation & Maintenance ...... No ........................................... See § 63.1348(d) for general
duty requirement. Any ref-
erence to § 63.6(e)(1)(i) in
other General Provisions or
in this subpart is to be
treated as a cross-ref-
erence to § 63.1348(d).
63.6(e)(3) ................................. Startup, Shutdown Malfunc- No ........................................... Your operations and mainte-
tion Plan. nance plan must address
periods of startup and shut-
down. See § 63.1347(a)(1).
63.6(f)(1) .................................. Compliance with Emission No ........................................... Compliance obligations speci-
Standards. fied in subpart LLL.
63.6(f)(2)–(3) ............................ Compliance with Emission Yes.
Standards.
63.6(g)(1)–(3) ........................... Alternative Standard .............. Yes.
63.6(h)(1) ................................. Opacity/VE Standards ............ No ........................................... Compliance obligations speci-
fied in subpart LLL.
63.6(h)(2) ................................. Opacity/VE Standards ............ Yes.
63.6(h)(3) ................................. ................................................ No ........................................... [Reserved].
63.6(h)(4)–(h)(5)(i) ................... Opacity/VE Standards ............ Yes.
63.6(h)(5)(ii)–(iv) ...................... Opacity/VE Standards ............ No ........................................... Test duration specified in sub-
part LLL.
63.6(i)(1)–(14) .......................... Extension of Compliance ....... Yes.
63.6(i)(15) ................................ ................................................ No ........................................... [Reserved].
63.6(i)(16) ................................ Extension of Compliance ....... Yes.
63.6(j) ....................................... Exemption from Compliance .. Yes.
63.7(a)(1)–(3) ........................... Performance Testing Require- Yes ......................................... § 63.1349 has specific re-
ments. quirements.
63.7(b) ..................................... Notification period .................. Yes ......................................... Except for repeat perform-
ance test caused by an ex-
ceedance. See
§ 63.1353(b)(6).
63.7(c) ...................................... Quality Assurance/Test Plan Yes.
63.7(d) ..................................... Testing Facilities .................... Yes.
63.7(e)(1) ................................. Conduct of Tests .................... No ........................................... See § 63.1349(e). Any ref-
erence to 63.7(e)(1) in
erence to § 63.1349(e).
63.7(e)(2)–(4) ........................... Conduct of tests ..................... Yes.
63.7(f) ...................................... Alternative Test Method ......... Yes.
63.7(g) ..................................... Data Analysis ......................... Yes.
63.7(h) ..................................... Waiver of Tests ...................... Yes.
63.8(a)(1) ................................. Monitoring Requirements ....... Yes.
63.8(a)(2) ................................. Monitoring .............................. No ........................................... § 63.1350 includes CEMS re-
quirements.
63.8(a)(3) ................................. ................................................ No ........................................... [Reserved].
63.8(a)(4) ................................. Monitoring .............................. No ........................................... Flares not applicable.
63.8(b)(1)–(3) ........................... Conduct of Monitoring ............ Yes.
444
Environmental Protection Agency Pt. 63, Subpt. LLL, Table 1
63.8(c)(1)–(8) ........................... CMS Operation/Maintenance Yes ......................................... Temperature and activated

carbon injection monitoring
data reduction requirements
given in subpart LLL.
63.8(d) ..................................... Quality Control ....................... Yes, except for the reference
to the SSM Plan in the last
sentence.
63.8(e) ..................................... Performance Evaluation for Yes.
CMS.
63.8(f)(1)–(5) ............................ Alternative Monitoring Method Yes ......................................... Additional requirements in
§ 63.1350(l).
63.8(f)(6) .................................. Alternative to RATA Test ....... Yes.
63.8(g) ..................................... Data Reduction ...................... Yes.
63.9(a) ..................................... Notification Requirements ...... Yes.
63.9(b)(1)–(5) ........................... Initial Notifications .................. Yes.
63.9(c) ...................................... Request for Compliance Ex- Yes.
tension.
63.9(d) ..................................... New Source Notification for Yes.
Special Compliance Re-
quirements.
63.9(e) ..................................... Notification of performance Yes ......................................... Except for repeat perform-
test. ance test caused by an ex-
ceedance. See
§ 63.1353(b)(6).
63.9(f) ...................................... Notification of VE/Opacity Yes ......................................... Notification not required for
Test. VE/opacity test under
§ 63.1350(e) and (j).
63.9(g) ..................................... Additional CMS Notifications Yes.
63.9(h)(1)–(3) ........................... Notification of Compliance Yes.
Status.
63.9(h)(4) ................................. ................................................ No ........................................... [Reserved].
63.9(h)(5)–(6) ........................... Notification of Compliance Yes.
Status.
63.9(i) ....................................... Adjustment of Deadlines ........ Yes.
63.9(j) ....................................... Change in Previous Informa- Yes.
tion.
63.10(a) ................................... Recordkeeping/Reporting ...... Yes.
63.10(b)(1) ............................... General Recordkeeping Re- Yes.
quirements.
63.10(b)(2)(i)–(ii) ...................... General Recordkeeping Re- No ........................................... See § 63.1355(g) and (h).
quirements.
63.10(b)(2)(iii) .......................... General Recordkeeping Re- Yes.
quirements.
63.10(b)(2)(iv)–(v) .................... General Recordkeeping Re- No.
quirements.
63.10(b)(2)(vi)–(ix) ................... General Recordkeeping Re- Yes.
quirements.
63.10(c)(1) ............................... Additional CMS Record- Yes ......................................... PS–8A supersedes require-
keeping. ments for THC CEMS.
63.10(c)(1) ............................... Additional CMS Record- Yes ......................................... PS–8A supersedes require-
63.10(c)(2)–(4) ......................... ................................................ No ........................................... [Reserved].
63.10(c)(5)–(8) ......................... Additional CMS Record- Yes ......................................... PS–8A supersedes require-
63.10(c)(9) ............................... ................................................ No ........................................... [Reserved].
63.10(c)(10)–(15) ..................... Additional CMS Record- Yes ......................................... PS–8A supersedes require-
63.10(d)(1) ............................... General Reporting Require- Yes.
ments.
63.10(d)(2) ............................... Performance Test Results ..... Yes.
63.10(d)(3) ............................... Opacity or VE Observations .. Yes.
63.10(d)(4) ............................... Progress Reports ................... Yes.
63.10(d)(5) ............................... Startup, Shutdown, Malfunc- No ........................................... See § 63.1354(c) for reporting
tion Reports. requirements. Any ref-
erence to § 63.10(d)(5) in
erence to § 63.1354(c).
63.10(e)(1)–(2) ......................... Additional CMS Reports ........ Yes.
63.10(e)(3) ............................... Excess Emissions and CMS Yes ......................................... Exceedances are defined in
Performance Reports. subpart LLL.
63.10(e)(3)(vii) and (viii) .......... Excess Emissions and CMS No ........................................... Superseded by
Performance Reports. 63.1354(b)(10).
445
§ 63.1360 40 CFR Ch. I (7–1–16 Edition)
63.10(f) .................................... Waiver for Recordkeeping/Re- Yes.

porting.
63.11(a)–(b) ............................. Control Device Requirements No ........................................... Flares not applicable.
63.12(a)–(c) ............................. State Authority and Delega- Yes.
tions.
63.13(a)–(c) ............................. State/Regional Addresses ..... Yes.
63.14(a)–(b) ............................. Incorporation by Reference ... Yes.
63.15(a)–(b) ............................. Availability of Information ....... Yes.
[80 FR 44791, July 27, 2015]
Subpart MMM—National Emission part A of this part that apply to an

Standards for Hazardous Air owner or operator of an affected source
subject to this subpart, and clarifies
Pollutants for Pesticide Active specific provisions in subpart A of this
Ingredient Production part as necessary for this subpart.
(d) Exemptions from the requirements of
SOURCE: 64 FR 33589, June 23, 1999, unless this subpart. The provisions of this sub-
otherwise noted. part do not apply to:
§ 63.1360 Applicability. (1) Research and development facili-
ties;
(a) Definition of affected source. The (2) PAI process units that are subject
affected source subject to this subpart to subpart F of this part;
is the facility-wide collection of pes- (3) Production of ethylene;
ticide active ingredient manufacturing
(4) Coal tar distillation; and
process units (PAI process units) that
(5) The following emission points
process, use, or produce HAP, and are
listed:
located at a plant site that is a major
source, as defined in section 112(a) of (i) Storm water from segregated sew-
the CAA. An affected source also in- ers;
cludes waste management units, heat (ii) Water from fire-fighting and del-
exchange systems, and cooling towers uge systems, including testing of such
that are associated with the PAI proc- systems;
ess units. Exemptions from an affected (iii) Spills;
source are specified in paragraph (d) of (iv) Water from safety showers;
this section. (v) Noncontact steam boiler blow-
(b) New source applicability. A new af- down and condensate;
fected source subject to this subpart (vi) Laundry water;
and to which the requirements for new (vii) Vessels storing material that
sources apply is defined according to contains no organic HAP or contains
the criteria in paragraph (b)(1) or (2) of organic HAP as impurities only; and
this section. (viii) Equipment, as defined in
(1) An affected source for which con- § 63.1363, that is intended to operate in
struction or reconstruction commenced organic HAP service for less than 300
after November 10, 1997. hours during the calendar year.
(2) Any dedicated PAI process unit (e) Applicability of this subpart. (1)
that meets the criteria specified in Each provision set forth in this subpart
paragraphs (b)(2)(i) and (ii) of this sec- shall apply at all times except during
tion. periods of non-operation of the affected
(i) For which construction, as defined source (or specific portion thereof) re-
in § 63.1361, commenced after November sulting in cessation of the emissions to
10, 1997, or reconstruction commenced which this subpart applies.
after September 20, 2002. (i) The startup, shutdown, or mal-
(ii) That has the potential to emit 10 function precludes the ability of the
tons/yr of any one HAP or 25 tons/yr of owner or operator of an affected source
combined HAP. to comply with one or more specific

(c) General provisions. Table 1 of this emission limitations to which a par-
subpart specifies the provisions of sub- ticular emission point is subject; and
446
(ii) The owner or operator follows the (2) Unless otherwise excluded under
provisions for periods of startup, shut- paragraph (f)(1) of this section, the
down, and malfunction, as specified in storage vessel is part of a PAI process
§§ 63.1367(a)(3) and 63.1368(i). unit if either the input to the vessel
(2) The provisions set forth in § 63.1363 from the PAI process unit is greater
shall apply at all times except during than or equal to the input from any
periods of nonoperation of the PAI other PAI or non-PAI process unit, or
process unit (or specific portion there- the output from the vessel to the PAI
of) in which the lines are drained and process unit is greater than or equal to
depressurized resulting in the cessation the output to any other PAI or non-
of the emissions to which § 63.1363 ap- PAI process unit. If the greatest input
plies. to and/or output from a shared storage
(3) The owner or operator shall not vessel is the same for two or more
shut down items of equipment that are process units, including one or more
required or utilized for compliance PAI process units, the owner or oper-
with the emissions limitations of this ator must assign the storage vessel to
subpart during times when emissions any one of the PAI process units that
(or, where applicable, wastewater meet this condition.
streams or residuals) are being routed (3) Unless otherwise excluded under
to such items of equipment, if the shut- paragraph (f)(1) of this section, where a
down would contravene emissions limi- storage vessel is located in a tank farm
tations of this subpart applicable to (including a marine tank farm), the ap-
such items of equipment. plicability of this subpart shall be de-
termined according to the provisions in
(4) General duty. At all times, the
paragraphs (f)(3)(i) through (iii) of this
owner or operator must operate and
section.
maintain any affected source, includ-
(i) The storage vessel in the tank
ing associated air pollution control
farm is not subject to the provisions of
equipment and monitoring equipment,
this subpart if the greatest input to or
in a manner consistent with safety and
output from the storage vessel is for a
good air pollution control practices for
non-PAI process unit. The input and
minimizing emissions. The general output shall be determined among only
duty to minimize emissions does not those process units that share the stor-
require the owner or operator to make age vessel and that do not have an in-
any further efforts to reduce emissions tervening storage vessel for that prod-
if levels required by the applicable uct (or raw material, as appropriate).
standard have been achieved. Deter- (ii) Except for storage vessels in a
mination of whether a source is oper- tank farm excluded in accordance with
ating in compliance with operation and paragraph (f)(3)(i) of this section, appli-
maintenance requirements will be cability of this subpart shall be deter-
based on information available to the mined according to the provisions in
Administrator, which may include, but paragraphs (f)(3)(ii)(A) through (C) of
is not limited to, monitoring results, this section.
review of operation and maintenance (A) Except as specified in paragraph
procedures, review of operation and (f)(3)(ii)(C) of this section, this subpart
maintenance records, and inspection of does not apply to the storage vessel in
the source. a tank farm if each PAI process unit
(f) Storage vessel applicability deter- that receives material from or sends
mination. An owner or operator shall material to the storage vessel has an
follow the procedures specified in para- intervening storage vessel for that ma-
graphs (f)(1) through (5) of this section terial.
to determine whether a storage vessel (B) Except as specified in paragraph
is part of the affected source to which (f)(3)(ii)(C) of this section, a storage
this subpart applies. vessel in a tank farm shall be assigned
(1) If a storage vessel is already sub- to the PAI process unit that receives
ject to another subpart of 40 CFR part the greatest amount of material from
63 on June 23, 1999, the storage vessel or sends the greatest amount of mate-
shall belong to the process unit subject rial to the storage vessel and does not
to the other subpart. have an intervening storage vessel. If
447
§ 63.1360 40 CFR Ch. I (7–1–16 Edition)
two or more PAI process units have the tion of integral intermediate as a PAI
same input to or output from the stor- process unit subject to this subpart.
age vessel in the tank farm, then the Any storage vessel containing the in-
storage vessel in the tank farm may be termediate is assigned to a PAI process
assigned to any one of the PAI process unit according to the procedures in
units that meet this condition. paragraph (f) of this section. Any proc-
(C) As an alternative to the require- ess tank containing the intermediate is
ments specified in paragraphs part of the process unit used to produce
(f)(3)(ii)(A) and (B) of this section, even the intermediate.
if an intervening storage vessel is (h) Applicability of process units in-
present, an owner or operator may cluded in a process unit group. An owner
elect to assign a storage vessel in a or operator may elect to develop proc-
tank farm to the PAI process unit that ess unit groups in accordance with
sends the most material to or receives paragraph (h)(1) of this section. For the
the most material from the storage PAI process units in these process unit
vessel. If two or more PAI process groups, the owner or operator may
units have the same input to or output comply with the provisions in overlap-
from the storage vessel in the tank ping MACT standards, as specified in
farm, then the storage vessel in the paragraphs (h)(2) through (4) of this
tank farm may be assigned to any one section, as an alternative means of
of the PAI process units that meet this demonstrating compliance with the
condition. provisions of this subpart.
(iii) With respect to a process unit, (1) Develop, revise, and document
an intervening storage vessel means a changes in a process unit group in ac-
storage vessel connected by hard-pip- cordance with the procedures specified
ing to the process unit and to the stor- in paragraphs (h)(1)(i) through (vi) of
age vessel in the tank farm so that the this section.
product or raw material entering or
(i) Initially identify a non-dedicated
leaving the process flows into (or from)
PAI process unit that is operating on
the intervening storage vessel and does
December 23, 2003 or a date after De-
not flow directly into (or from) the
storage vessel in the tank farm. cember 23, 2003, and identify all proc-
(4) If use varies from year to year, essing equipment that is part of this
then use for the purposes of this sub- PAI process unit, based on descriptions
part for existing sources shall be based in operating scenarios.
on the utilization that occurred during (ii) Add to the group any other non-
the year preceding June 23, 1999, or if dedicated PAI and non-dedicated non-
the storage vessel was not in operation PAI process units expected to be oper-
during that year, the use shall be based ated in the 5 years after the date speci-
on the expected use in the 5 years after fied in paragraph (h)(1)(i) of this sec-
startup. This determination shall be tion, provided they satisfy the criteria
reported as part of an operating permit specified in paragraphs (h)(1)(ii)(A)
application or as otherwise specified by through (C) of this section. Also iden-
the permitting authority. tify all of the processing equipment
(5) If the storage vessel begins receiv- used for each process unit based on in-
ing material from (or sending material formation from operating scenarios
to) another process unit, or ceasing to and other applicable documentation.
receive material from (or send material (A) Each PAI process unit that is
to) a PAI process unit, or if there is a added to a group must have some proc-
significant change in the use of the essing equipment that is part of one or
storage vessel, the owner or operator more PAI process units that are al-
shall reevaluate the ownership deter- ready in the process unit group.
mination for the storage vessel. (B) Each non-PAI process unit that is
(g) Designating production of an inter- added to a group must have some proc-
mediate as a PAI process unit. Except as essing equipment that is also part of
specified in paragraph (d) of this sec- one or more of the PAI process units in
tion, an owner or operator may elect to the group.

designate production of any inter- (C) No process unit may be part of
mediate that does not meet the defini- more than one process unit group.
448
(iii) The initial process unit group process unit(s) within the process unit
consists of all of the processing equip- group, except for the following:
ment for the process units identified in (i) The emission limit standard for
paragraphs (h)(1)(i) and (ii) of this sec- process vents in § 63.1362(b)(2)(i) shall
tion. apply in place of § 63.1254(a)(2);
(iv) If compliance is to be dem- (ii) When the dates of April 2, 1997
onstrated in accordance with para- and April 2, 2007 are provided in
graph (h)(3) of this section, determine § 63.1254(a)(3)(ii), the dates of November
the primary product of the process unit 10, 1997 and November 10, 2007, respec-
group according to the procedures spectively, shall apply for purposes of this
ified in paragraphs (h)(1)(iv)(A) subpart MMM; and
through (C) of this section. (iii) Requirements in § 63.1367(a)(5) re-
(A) The primary product is the type garding application for approval of
of product (e.g., PAI, pharmaceutical construction or reconstruction shall
product, thermoplastic resin, etc.) that apply in place of the provisions in
is expected to be produced for the § 63.1259(a)(5).
greatest operating time in the 5-year (3) If the primary product of a proc-
period specified in paragraph (h)(1)(i) of ess unit group is determined to be a
this section. type of material that is subject to an-
(B) If the process unit group produces other subpart of 40 CFR part 63 on June
multiple products equally based on op- 23, 1999 or startup of the first process
erating time, then the primary product unit after formation of the process unit
is the product with the greatest pro- group, whichever is later, the owner or
duction on a mass basis over the 5-year operator may elect to comply with the
period specified in paragraph (h)(1)(i) of other subpart for any PAI process unit
this section. within the process unit group, subject
(C) The primary product of the group to the requirement in this paragraph
must be redetermined if the owner or (h)(3). Emissions from PAI Group 1
operator does not intend to make that process vents, as defined in § 63.1361,
product in the future or if it has not must be reduced in accordance with the
been made for 5 years. The results of control requirements for Group 1 vents
the redetermination must be recorded as specified in the alternative subpart.
as specified in § 63.1367(b) and reported The criteria in the alternative subpart
in a Periodic report no later than the for determining which process vents
report covering the period for the end must be controlled do not apply for the
of the 5th year as specified in purposes of this paragraph (h)(3).
§ 63.1368(g)(2). If the primary product (4) The requirements for new and re-
changes, the owner or operator must constructed sources in the alternative
either demonstrate compliance with subpart apply to all PAI process units
the applicable subpart as specified in in the process unit group if, and only
paragraph (h)(3) of this section or dem- if, the affected source under the alter-
onstrate compliance with the provi- native subpart meets the requirements
sions of this subpart MMM. for construction or reconstruction.
(v) Add process units developed in the (i) Overlap with other regulations—(1)
future in accordance with the condi- Compliance with other MACT standards.
tions specified in paragraphs (i) After the compliance dates specified
(h)(1)(ii)(A) through (C) of this section. in § 63.1364, an affected source subject
(vi) Maintain records of changes in to the provisions of this subpart that is
the process units in each process unit also subject to the provisions of any
group as specified in § 63.1367(b)(9), and other subpart of 40 CFR part 63 may
maintain reports as specified in elect, to the extent the subparts are
§ 63.1368(f)(9) and (g)(2)(ix). consistent, under which subpart to
(2) If any of the products produced in maintain records and report to EPA.
the process unit group are subject to 40 The affected source shall identify in
CFR part 63, subpart GGG (Pharma- the Notification of Compliance Status
ceuticals MACT), the owner or oper- report required by § 63.1368(f) under

ator may elect to comply with the re- which authority such records will be
quirements of subpart GGG for the PAI maintained.
449
§ 63.1360 40 CFR Ch. I (7–1–16 Edition)
(ii) After the compliance dates speci- required to comply only with the provi-
fied in § 63.1364, at an offsite reloading sions of this subpart MMM.
or cleaning facility subject to (4) Overlap with subpart I. After the
§ 63.1362(b)(6), compliance with the compliance dates specified in § 63.1364,
emission standards and associated ini- for all equipment within a process unit
tial compliance monitoring, record- that contains equipment subject to
keeping, and reporting provisions of subpart I of this part, an owner or oper-
any other subpart of 40 CFR part 63 ator may elect to comply with either
constitutes compliance with the provi- the provisions of this subpart MMM or
sions of § 63.1362(b)(6)(vii)(B) or (C). The the provisions of subpart H of this part.
owner or operator of the affected stor- The owner or operator shall identify in
age vessel shall identify in the Notifi- the Notification of Compliance Status
cation of Compliance Status report re- report required by § 63.1368(f) the provi-
quired by § 63.1368(f) the subpart of 40 sions with which the owner or operator
CFR part 63 with which the owner or elects to comply.
operator of the offsite reloading or (5) Overlap with RCRA regulations for
cleaning facility complies. wastewater. After the compliance dates
(2) Overlap with RCRA subparts AA, specified in § 63.1364, the owner or oper-
BB, and/or CC. After the compliance ator of an affected wastewater stream
dates specified in § 63.1364, if any af- that is also subject to provisions in 40
fected source subject to this subpart is CFR parts 260 through 272 shall comply
also subject to monitoring, record- with the more stringent control re-
keeping, and reporting requirements in quirements (e.g., waste management
40 CFR part 264, subpart AA, BB, or CC, units, numerical treatment standards,
or is subject to monitoring and record- etc.) and the more stringent testing,
keeping requirements in 40 CFR part monitoring, recordkeeping, and report-
265, subpart AA, BB, or CC, and the ing requirements that overlap between
owner or operator complies with the the provisions of this subpart and the
periodic reporting requirements under provisions of 40 CFR parts 260 through
40 CFR part 264, subpart AA, BB, or CC 272. The owner or operator shall keep a
that would apply to the device if the record of the information used to de-
facility had final-permitted status, the termine which requirements were the
owner or operator may elect to comply most stringent and shall submit this
either with the monitoring, record- information if requested by the Admin-
keeping, and reporting requirements of istrator.
this subpart, or with the monitoring, (6) Overlap with NSPS subparts III,
recordkeeping, and reporting require- NNN, and RRR. After the compliance
ments in 40 CFR parts 264 and/or 265, as dates specified in § 63.1364, if an owner
described in this paragraph, which or operator of a process vent subject to
shall constitute compliance with the this subpart MMM that is also subject
monitoring, recordkeeping, and report- to the provisions of 40 CFR part 60, sub-
ing requirements of this subpart. If the part III, or subpart NNN, or subpart
owner or operator elects to comply RRR, elects to reduce organic HAP
with the monitoring, recordkeeping, emissions from the process vent by 98
and reporting requirements in 40 CFR percent as specified in
parts 264 and/or 265, the owner or oper- § 63.1362(b)(2)(iii)(A), then the owner or
ator shall report all excursions as re- operator is required to comply only
quired by § 63.1368(g). The owner or op- with the provisions of this subpart
erator shall identify in the Notification MMM. Otherwise, the owner or oper-
of Compliance Status report required ator shall comply with the provisions
by § 63.1368(f) the monitoring, record- in both this subpart MMM and the pro-
keeping, and reporting authority under visions in 40 CFR part 60, subparts III,
which the owner or operator will com- NNN, and RRR, as applicable.
ply. (j) Meaning of periods of time. All
(3) Overlap with NSPS subpart Kb. terms in this subpart MMM that define
After the compliance dates specified in a period of time for completion of re-
§ 63.1364, a Group 1 or Group 2 storage quired tasks (e.g., weekly, monthly,

vessel that is also subject to the provi- quarterly, annual), unless specified
sions of 40 CFR part 60, subpart Kb, is otherwise in the section or subsection
450
that imposes the requirement, refer to may be assessed if the owner or oper-
the standard calendar periods. ator fails to meet their burden of prov-
(1) Notwithstanding time periods ing all of the requirements in the af-
specified in the subpart MMM for com- firmative defense. The affirmative de-
pletion of required tasks, such time pe- fense shall not be available for claims
riods may be changed by mutual agree- for injunctive relief.
ment between the owner and operator (1) Assertion of affirmative defense. To
and the Administrator, as specified in establish the affirmative defense in
subpart A of this part (e.g., a period any action to enforce such a standard,
could begin on the compliance date or the owner or operator must timely
another date, rather than on the first meet the reporting requirements in
day of the standard period). For each paragraph (k)(2) of this section, and
time period that is changed by agree- must prove by a preponderance of evi-
ment, the revised period shall remain dence that:
in effect until it is changed. A new re- (i) The violation:
quest is not necessary for each recur- (A) Was caused by a sudden, infre-
ring period. quent, and unavoidable failure of air
(2) Where the period specified for pollution control equipment, process
compliance is a standard calendar pe- equipment, or a process to operate in a
riod, if the initial compliance date oc- normal or usual manner; and
curs after the beginning of the period, (B) Could not have been prevented
compliance shall be required according through careful planning, proper design
to the schedule specified in paragraph or better operation and maintenance
(j)(2)(i) or (ii) of this section, as appro- practices; and
priate. (C) Did not stem from any activity or
(i) Compliance shall be required be- event that could have been foreseen
fore the end of the standard calendar and avoided, or planned for; and
period within which the compliance (D) Was not part of a recurring pat-
deadline occurs, if there remain at tern indicative of inadequate design,
least 3 days for tasks that must be per- operation, or maintenance; and
formed weekly, at least 2 weeks for (ii) Repairs were made as expedi-
tasks that must be performed monthly, tiously as possible when a violation oc-
at least 1 month for tasks that must be curred; and
performed each quarter, or at least 3 (iii) The frequency, amount, and du-
months for tasks that must be per- ration of the violation (including any
formed annually; or bypass) were minimized to the max-
(ii) In all other cases, compliance imum extent practicable; and
shall be required before the end of the (iv) If the violation resulted from a
first full standard calendar period bypass of control equipment or a proc-
within which the initial compliance ess, then the bypass was unavoidable to
deadline occurs. prevent loss of life, personal injury, or
(3) In all instances where a provision severe property damage; and
of this subpart MMM requires comple- (v) All possible steps were taken to
tion of a task during each of multiple minimize the impact of the violation
successive periods, an owner or oper- on ambient air quality, the environ-
ator may perform the required task at ment, and human health; and
any time during the specified period, (vi) All emissions monitoring and
provided the task is conducted at a rea- control systems were kept in operation
sonable interval after completion of if at all possible, consistent with safety
the task in the previous period. and good air pollution control prac-
(k) Affirmative defense for violation of tices; and
emission standards during malfunction. (vii) All of the actions in response to
In response to an action to enforce the the violation were documented by
standards set forth in this subpart, the properly signed, contemporaneous op-
owner or operator may assert an af- erating logs; and
firmative defense to a claim for civil (viii) At all times, the affected source
penalties for violations of such stand- was operated in a manner consistent

ards that are caused by malfunction, as with good practices for minimizing
defined at § 63.2. Appropriate penalties emissions; and
451
§ 63.1361 40 CFR Ch. I (7–1–16 Edition)
(ix) A written root cause analysis has combination thereof that reduces the
been prepared, the purpose of which is mass of HAP emitted to the air. The
to determine, correct, and eliminate equipment may consist of an individual
the primary causes of the malfunction device or a series of devices. Examples
and the violation resulting from the include incinerators, carbon adsorption
malfunction event at issue. The anal- units, condensers, flares, boilers, proc-
ysis shall also specify, using best moni- ess heaters, and gas absorbers. Process
toring methods and engineering judg- condensers are not considered air pol-
ment, the amount of any emissions lution control devices or control de-
that were the result of the malfunc- vices.
tion. Bag dump means equipment into
(2) Report. The owner or operator which bags or other containers con-
seeking to assert an affirmative de- taining a powdered, granular, or other
fense shall submit a written report to solid feedstock material are emptied. A
the Administrator, with all necessary bag dump is part of the process.
supporting documentation, that ex-
Batch emission episode means a dis-
plains how it has met the requirements
crete venting episode that is associated
set forth in paragraph (k)(1) of this sec-
with a single unit operation. A unit op-
tion. This affirmative defense report
shall be included in the first periodic eration may have more than one batch
compliance report, deviation report, or emission episode. For example, a batch
excess emission report otherwise re- distillation unit operation may consist
quired after the initial occurrence of of batch emission episodes associated
the violation of the relevant standard with charging and heating. Charging
(which may be the end of any applica- the vessel with HAP will result in one
ble averaging period). If such compli- discrete batch emission episode that
ance, deviation report or excess emis- will last through the duration of the
sion report is due less than 45 days charge and will have an average
after the initial occurrence of the vio- flowrate equal to the rate of the
lation, the affirmative defense report charge. Another discrete batch emis-
may be included in the second compli- sion episode will result from the expul-
ance, deviation report or excess emission of expanded vapor as the contents
sion report due after the initial occur- of the vessel are heated.
rence of the violation of the relevant Batch operation means a noncontin-
standard. uous operation involving intermittent
or discontinuous feed into PAI or inte-
gral intermediate manufacturing
FR 59340, Sept. 20, 2002; 79 FR 17371, Mar. 27,
2014] equipment, and, in general, involves
the emptying of the equipment after
§ 63.1361 Definitions. the batch operation ceases and prior to
Terms used in this subpart are de- beginning a new operation. Addition of
fined in the CAA, in subpart A of this raw material and withdrawal of prod-
part, or in this section. If the same uct do not occur simultaneously in a
term is defined in subpart A of this batch operation. A batch process con-
part and in this section, it shall have sists of a series of batch operations.
the meaning given in this section for Bench-scale batch process means a
the purposes of this subpart MMM. batch process (other than a research
Affirmative defense means, in the con- and development facility) that is capa-
text of an enforcement proceeding, a ble of being located on a laboratory
response or defense put forward by a bench top. This bench-scale equipment
defendant, regarding which the defend- will typically include reagent feed ves-
ant has the burden of proof, and the sels, a small reactor and associated
merits of which are independently and product separator, recovery and hold-
objectively evaluated in a judicial or ing equipment. These processes are
administrative proceeding. only capable of producing small quan-
Air pollution control device or control tities of product.
device means equipment installed on a Block means a time period equal to,
process vent, storage vessel, waste- at a maximum, the duration of a single
water treatment exhaust stack, or batch.
452
Car seal means a seal that is placed At an affected source, changing raw
on a device that is used to change the materials processed and reconfiguring
position of a valve (e.g., from opened to non-dedicated equipment to create a
closed) in such a way that the position non-dedicated PAI process unit do not
of the valve cannot be changed without constitute construction.
breaking the seal. Consumption means the quantity of
Cleaning operation means routine all HAP raw materials entering a proc-
rinsing, washing, or boil-off of equip- ess in excess of the theoretical amount
ment in batch operations between used as reactant, assuming 100 percent
batches. stoichiometric conversion. The raw
Closed-loop system means an enclosed materials include reactants, solvents,
system that returns process fluid to and any other additives. If HAP are
the process and is not vented to the at- generated in the process as well as
mosphere except through a closed-vent added as raw material, consumption in-
system. cludes the quantity generated in the
Closed-purge system means a system process.
or combination of system and portable Container, as used in the wastewater
containers, to capture purged liquids. provisions, means any portable waste
Containers must be covered or closed management unit that has a capacity
when not being filled or emptied. greater than or equal to 0.1 m3 in which
Closed-vent system means a system a material is stored, transported, treat-
that is not open to the atmosphere and ed, or otherwise handled. Examples of
is composed of piping, ductwork, con- containers are drums, barrels, tank
nections, and, if necessary, flow induc- trucks, barges, dumpsters, tank cars,
ing devices that transport gas or vapor dump trucks, and ships.
from an emission point to a control de- Continuous process means a process
vice. where the inputs and outputs flow con-
Combustion device means an indi- tinuously throughout the duration of
vidual unit of equipment, such as a the process. Continuous processes typi-
flare, incinerator, process heater, or cally approach steady state.
boiler, used for the combustion of or- Continuous seal means a seal that
ganic HAP vapors. forms a continuous closure that com-
Connector means flanged, screwed, or pletely covers the space between the
other joined fittings used to connect wall of the storage vessel and the edge
two pipe lines or a pipe line and a piece of the floating roof. A continuous seal
of equipment. A common connector is a may be a vapor-mounted, liquid-
flange. Joined fittings welded com- mounted, or metallic shoe seal.
pletely around the circumference of Controlled HAP emissions means the
the interface are not considered con- quantity of HAP components dis-
nectors for the purpose of this regula- charged to the atmosphere from an air
tion. For the purpose of reporting and pollution control device.
record keeping, connector means Cover, as used in the wastewater pro-
joined fittings that are not inacces- visions, means a device or system
sible, ceramic, or ceramic-lined as de- which is placed on or over a waste
scribed in § 63.1255(b)(1)(vii) and management unit containing waste-
63.1255(f)(3). water or residuals so that the entire
Construction means the onsite fab- surface area is enclosed to minimize
rication, erection, or installation of an air emissions. A cover may have open-
affected source or dedicated PAI proc- ings necessary for operation, inspec-
ess unit. Addition of new equipment to tion, and maintenance of the waste
an affected source does not constitute management unit such as access hatch-
construction, provided the new equip- es, sampling ports, and gauge wells
ment is not a dedicated PAI process provided that each opening is closed
unit with the potential to emit 10 tons/ when not in use. Examples of covers in-
yr of any one HAP or 25 tons/yr of com- clude a fixed roof installed on a waste-
bined HAP, but it may constitute re- water tank, a lid installed on a con-
construction of the affected source or tainer, and an air-supported enclosure

PAI process unit if it satisfies the defi- installed over a waste management
nition of reconstruction in this section. unit.
453
§ 63.1361 40 CFR Ch. I (7–1–16 Edition)
Dedicated PAI process unit means a supported by the liquid being con-
PAI process unit constructed from tained, and is equipped with a contin-
equipment that is fixed in place and de- uous seal or seals to close the space be-
signed and operated to produce only a tween the roof edge and waste manage-
single product or co-products. The ment unit or storage vessel wall.
equipment is not designed to be recon- Flow indicator means a device that in-
figured to create different process dicates whether gas flow is, or whether
units, and it is not operated with dif- the valve position would allow gas flow
ferent raw materials so as to produce to be, present in a line.
different products. Formulation of pesticide products
Double block and bleed system means means the mixing, blending, or diluting
two block valves connected in series of a PAI with one or more other PAI or
with a bleed valve or line that can vent inert ingredients.
the line between the two block valves. Group 1 process vent means any proc-
Duct work means a conveyance sys- ess vent from a process at an existing
tem such as those commonly used for or new affected source for which the
heating and ventilation systems. It is uncontrolled organic HAP emissions
often made of sheet metal and often from the sum of all process vents are
has sections connected by screws or greater than or equal to 0.15 Mg/yr and/
crimping. Hard-piping is not ductwork. or the uncontrolled hydrogen chloride
Equipment, for purposes of § 63.1363,
(HCl) and chlorine emissions from the
means each pump, compressor, agita-
sum of all process vents are greater
tor, pressure relief device, sampling
than or equal to 6.8 Mg/yr.
connection system, open-ended valve
or line, valve, connector, and instru- Group 1 storage vessel means a storage
mentation system in organic hazardous vessel at an existing affected source
air pollutant service. with a capacity equal to or greater
External floating roof means a pon- than 75 m3 and storing material with a
toon-type or double-deck type cover maximum true vapor pressure greater
that rests on the liquid surface in a than or equal to 3.45 kPa, a storage
storage tank or waste management vessel at a new affected source with a
unit with no fixed roof. capacity equal to or greater than 40 m3
FIFRA means the Federal Insecti- and storing material with a maximum
cide, Fungicide, and Rodenticide Act. true vapor pressure greater than or
Fill or filling means the introduction equal to 16.5 kPa, or a storage vessel at
of organic HAP into a storage tank or a new affected source with a capacity
the introduction of a wastewater greater than or equal to 75 m3 and stor-
stream or residual into a waste man- ing material with a maximum true
agement unit, but not necessarily to vapor pressure greater than or equal to
complete capacity. 3.45 kPa.
First attempt at repair means to take Group 1 wastewater stream means
action for the purpose of stopping or process wastewater at an existing or
reducing leakage of organic material new source that meets the criteria for
to the atmosphere. Group 1 status in § 63.132(c) for com-
Fixed roof means a cover that is pounds in Table 9 of subpart G of this
mounted on a waste management unit part or a maintenance wastewater
or storage tank in a stationary manner stream that contains 5.3 Mg of com-
and that does not move with fluctua- pounds in Table 9 of subpart G of this
tions in liquid level. part per discharge event.
Flame ionization detector (FID) means Group 2 process vent means any proc-
a device in which the measured change ess vent that does not meet the defini-
in conductivity of a standard flame tion of a Group 1 process vent.
(usually hydrogen) due to the insertion Group 2 storage vessel means a storage
of another gas or vapor is used to de- vessel that does not meet the defini-
tect the gas or vapor. tion of a Group 1 storage vessel.
Floating roof means a cover con- Group 2 wastewater stream means any
sisting of a double deck, pontoon single wastewater stream that does not meet
deck, internal floating cover or covered the definition of a Group 1 wastewater
floating roof, which rests upon and is stream.
454
Group of processes means all of the In liquid service means that a piece of
equipment associated with processes in equipment in organic HAP service is
a building, processing area, or facility- not in gas/vapor service.
wide. A group of processes may consist In organic hazardous air pollutant or in
of a single process. organic HAP service means that a piece
Halogenated compounds means organic of equipment either contains or con-
compounds that contain chlorine tacts a fluid (liquid or gas) that is at
atoms. least 5 percent by weight of total or-
Halogenated vent stream means a proc- ganic HAP as determined according to
ess, storage vessel, or waste manage- the provisions of § 63.180(d) of subpart H
ment unit vent stream determined to of this part. The provisions of § 63.180(d)
have a concentration of halogenated of subpart H of this part also specify
compounds of greater than 20 ppmv, as how to determine that a piece of equip-
determined through process knowledge, ment is not in organic HAP service.
test results using Method 18 of 40 CFR In vacuum service means that equip-
part 60, appendix A, or test results ment is operating at an internal pres-
using any other test method that has sure which is at least 5 kPa below am-
been validated according to the proce- bient pressure.
dures in Method 301 of appendix A of In-situ sampling systems means non-
this part. extractive samplers or in-line sam-
Hard-piping means piping or tubing plers.
that is manufactured and properly in- Individual drain system means the sta-
stalled using good engineering judg- tionary system used to convey waste-
ment and standards, such as ANSI B31– water streams or residuals to a waste
3. management unit or to discharge or
Impurity means a substance that is disposal. The term includes: hard pip-
produced coincidentally with the prod- ing; all process drains and junction
uct(s), or is present in a raw material. boxes; and associated sewer lines, other
An impurity does not serve a useful junction boxes, manholes, sumps, and
purpose in the production or use of the lift stations conveying wastewater
product(s) and is not isolated. streams or residuals. A segregated
In gas/vapor service means that a stormwater sewer system, which is a
piece of equipment in organic HAP drain and collection system designed
service contains a gas or vapor at oper- and operated for the sole purpose of
ating conditions. collecting rainfall-runoff at a facility,
In heavy liquid service means that a and which is segregated from all other
piece of equipment in organic HAP individual drain systems, is excluded
service is not in gas/vapor service or in from this definition.
light liquid service. Instrumentation system means a group
In light liquid service means that a of equipment components used to con-
piece of equipment in organic HAP dition and convey a sample of the proc-
service contains a liquid that meets ess fluid to analyzers and instruments
the following conditions: for the purpose of determining process
(1) The vapor pressure of one or more operating conditions (e.g., composi-
of the organic compounds is greater tion, pressure, flow, etc.). Valves and
than 0.3 kPa at 20 °C; connectors are the predominant type of
(2) The total concentration of the equipment used in instrumentation
pure organic compounds constituents systems; however, other types of equip-
having a vapor pressure greater than ment may also be included in these
0.3 kPa at 20 °C is equal to or greater systems. Only valves nominally 0.5
than 20 percent by weight of the total inches and smaller and connectors
process stream; and nominally 0.75 inches and smaller in di-
(3) The fluid is a liquid at operating ameter are considered instrumentation
conditions. systems for the purposes of this sub-
NOTE: To definition of ‘‘In light liquid serv- part. Valves greater than nominally 0.5
ice: Vapor pressures may be determined by inches and connectors greater than
the methods described in 40 CFR 60.485(e)(1). nominally 0.75 inches associated with
455
§ 63.1361 40 CFR Ch. I (7–1–16 Edition)
instrumentation systems are not con- Liquids dripping means any visible
sidered part of instrumentation sys- leakage from the seal including drip-
tems and must be monitored individ- ping, spraying, misting, clouding, and
ually. ice formation. Indications of liquid
Integral intermediate means an inter- dripping include puddling or new stains
mediate for which 50 percent or more of that are indicative of an existing evap-
the annual production is used in on- orated drip.
site production of any PAI(s) and that Maintenance wastewater means waste-
is not stored before being used in the water generated by the draining of
production of another integral inter- process fluid from components in the
mediate or the PAI(s). For the purposes PAI process unit into an individual
of this definition, an intermediate is drain system prior to or during mainte-
stored if it is discharged to a storage nance activities. Maintenance waste-
vessel and at least one of the following water can be generated through
conditions is met: the processing equip- planned or unplanned shutdowns and
ment that discharges to the storage during periods not associated with a
vessel is shutdown before the proc- shutdown. Examples of activities that
essing equipment that withdraws from can generate maintenance wastewaters
the storage vessel is started up; during include descaling of heat exchanger
an annual period, the material must be tubing bundles, cleaning of distillation
stored in the vessel for at least 30 days column traps, draining of low legs and
before being used to make a PAI; or the high point bleeds, draining of pumps
processing equipment that discharges into an individual drain system, and
to the storage vessel is located in a draining of portions of the PAI process
separate building (or processing area) unit for repair.
of the plant than the processing equip-
Malfunction means any sudden, infre-
ment that uses material from the stor-
quent, and not reasonably preventable
age vessel as a feedstock, and control
failure of air pollution control equip-
equipment is not shared by the two
ment, emissions monitoring equip-
processing areas. Any process unit that
ment, process equipment, or a process
produces an intermediate and is sub-
to operate in a normal or usual manner
ject to subpart F of this part is not an
which causes, or has the potential to
integral intermediate.
Intermediate means an organic com- cause, the emission limitations in an
pound that is manufactured in a proc- applicable standard to be exceeded.
ess and that is further processed or Failures that are caused all or in part
modified in one or more additional by poor maintenance or careless oper-
steps to ultimately produce a PAI. ation are not malfunctions.
Internal floating roof means a cover Maximum true vapor pressure means
that rests or floats on the liquid sur- the equilibrium partial pressure ex-
face (but not necessarily in complete erted by the total organic HAP in the
contact with it) inside a storage tank stored or transferred liquid at the tem-
or waste management unit that has a perature equal to the highest calendar-
permanently affixed roof. month average of the liquid storage or
Junction box means a manhole or ac- transferred temperature for liquids
cess point to a wastewater sewer sys- stored or transferred above or below
tem line or a lift station. the ambient temperature or at the
Large control device means a control local maximum monthly average tem-
device that controls process vents, and perature as reported by the National
the total HAP emissions into the con- Weather Service for liquids stored or
trol device from all sources are greater transferred at the ambient tempera-
than or equal to 10 tons/yr. ture, as determined:
Liquid-mounted seal means a foam- or (1) In accordance with methods de-
liquid-filled seal mounted in contact scribed in Chapter 19.2 of the American
with the liquid between the wall of the Petroleum Institute’s Manual of Petro-
storage vessel or waste management leum Measurement Standards, Evapo-
unit and the floating roof. The seal is rative Loss From Floating-Roof Tanks
mounted continuously around the tank (incorporated by reference as specified
or unit. in § 63.14 in subpart A of this part); or
456
(2) As obtained from standard ref- Pesticide active ingredient or PAI

erence texts; or means any material that is an active
(3) As determined by the American ingredient within the meaning of
Society for Testing and Materials FIFRA section 2(a); that is used to
Method D2879–97, Test Method for produce an insecticide, herbicide, or
Vapor Pressure-Temperature Relation- fungicide end use pesticide product;
ship and Initial Decomposition Tem- that consists of one or more organic
perature of Liquids by Isoteniscope (in- compounds; and that must be labeled
corporated by reference as specified in in accordance with 40 CFR part 156 for
§ 63.14 of subpart A of this part); or transfer, sale, or distribution. These
(4) Any other method approved by materials are typically described by
the Administrator. North American Industrial Classifica-
Metallic shoe seal or mechanical shoe tion System (NAICS) Codes 325199 and
seal means metal sheets that are held 32532 (i.e., previously known as Stand-
vertically against the wall of the stor- ard Industrial Classification System
age tank by springs, weighted levers, Codes 2869 and 2879). These materials
or other mechanisms and connected to are identified by product classification
the floating roof by braces or other codes 01, 21, 02, 04, 44, 07, 08, and 16 in
means. A flexible coated fabric (enve- block 19 on the 1999 version of EPA
lope) spans the annular space between form 3540–16, the Pesticides Report for
Pesticide-Producing Establishments.
the metal sheet and the floating roof.
The materials represented by these
Non-dedicated PAI process unit means
codes are: insecticides; insecticide-fun-
a process unit that is not a dedicated
gicides; fungicides; herbicides; herbi-
PAI process unit.
cide-fungicides; plant regulators; defo-
Nonrepairable means that it is tech- liants, desiccants; or multi-use active
nically infeasible to repair a piece of ingredients.
equipment from which a leak has been Pesticide active ingredient manufac-
detected without a process shutdown. turing process unit (PAI process unit)
Open-ended valve or line means any means a process unit that is used to
valve, except pressure relief valves, produce a material that is primarily
having one side of the valve seat in used as a PAI or integral intermediate.
contact with process fluid and one side A PAI process unit consists of: the
open to atmosphere, either directly or process, as defined in this subpart; as-
through open piping. sociated storage vessels, as determined
Operating scenario, for the purposes of by the procedures in § 63.1360(f); equip-
reporting and recordkeeping, means a ment identified in § 63.1362(k); con-
description of a PAI process unit, in- nected piping and ducts; and compo-
cluding: identification of each waste- nents such as pumps, compressors, agi-
water point of determination (POD) tators, pressure relief devices, sam-
and process vent, their associated pling connection systems, open-ended
emissions episodes and durations, and valves or lines, valves, connectors, and
their associated level of control and instrumentation systems. A material is
control devices, as applicable; calcula- primarily used as a PAI or integral in-
tions and engineering analyses re- termediate if more than 50 percent of
quired to demonstrate compliance; and the projected annual production from a
a description of operating and/or test- process unit in the 3 years after June
ing conditions for any associated con- 23, 1999 or startup, whichever is later,
trol device. is used as a PAI or integral inter-
Organic compound, as used in the defi- mediate; recordkeeping is required if
nitions of intermediate and PAI, means the material is used as a PAI or inte-
any compound that contains both car- gral intermediate, but not as the pri-
bon and hydrogen with or without mary use. If the primary use changes
other elements. to a PAI or integral intermediate, the
Organic HAP means those HAP listed process unit becomes a PAI process
in section 112(b) of the CAA that are unit unless it is already subject to the
measured according to the procedures HON. If the primary use changes from
of Method 18 or Method 25A, 40 CFR a PAI or integral intermediate to an-
part 60, appendix A. other use, the process unit remains a
457
§ 63.1361 40 CFR Ch. I (7–1–16 Edition)
PAI process unit. Any process tank Process means a logical grouping of
containing an integral intermediate is processing equipment which collec-
part of the PAI process unit used to tively function to produce a product.
produce the integral intermediate. A For the purpose of this subpart, a PAI
process unit that produces an inter- process includes all, or a combination
mediate that is not an integral inter- of, reaction, recovery, separation, puri-
mediate may be designated as a PAI fication, treatment, cleaning, and
process unit according to the proce- other activities or unit operations
dures of § 63.1360(g). Formulation of which are used to produce a PAI or in-
pesticide products is not considered tegral intermediate. Ancillary activi-
part of a PAI process unit. Quality as- ties are not considered a PAI process or
surance and quality control labora- any part of a PAI process. Ancillary ac-
tories are not considered part of a PAI tivities include boilers and inciner-
process unit. ators (not used to comply with the pro-
Plant site means all contiguous or ad- visions of § 63.1362), chillers or refrig-
joining property that is under common eration systems, and other equipment
control, including properties that are and activities that are not directly in-
separated only by a road or other pub- volved (i.e., they operate within a
lic right-of-way. Common control in- closed system and materials are not
cludes properties that are owned, combined with process fluids) in the
leased, or operated by the same entity, processing of raw materials or the
parent entity, subsidiary, or any com- manufacturing of a PAI. A PAI process
bination thereof. and all integral intermediate processes
Point of determination (POD) means for which 100 percent of the annual pro-
each point where a wastewater stream duction is used in the production of the
exits the PAI process unit. PAI may be linked together and de-
NOTE TO DEFINITION OF ‘‘POINT OF DETER- fined as a single PAI process unit.
MINATION’’: The regulation allows determina- Process condenser means a condenser
tion of the characteristics of a wastewater whose primary purpose is to recover
stream: at the point of determination; or material as an integral part of a unit
downstream of the point of determination if operation. The condenser must cause a
corrections are made for changes in flow rate vapor-to-liquid phase change for peri-
and annual average concentration of Table 9
ods during which the temperature of
compounds as determined in § 63.144 of sub-
part G of this part. Such changes include: liquid in the process equipment is at or
losses by air emissions, reduction of annual above its boiling or bubble point. Ex-
average concentration or changes in flow amples of process condensers include
rate by mixing with other water or waste- distillation condensers, reflux con-
water streams, and reduction in flow rate or densers, and condensers used in strip-
annual average concentration by treating or ping or flashing operation. In a series
otherwise handling the wastewater stream to of condensers, all condensers up to and
remove or destroy HAP.
including the first condenser with an
Pressure release means the emission of exit gas temperature below the boiling
materials resulting from the system or bubble point of the liquid in the
pressure being greater than the set process equipment are considered to be
pressure of the pressure relief device. process condensers. All condensers in
This release can be one release or a se- line prior to the vacuum source are in-
ries of releases over a short time period cluded in this definition.
due to a malfunction in the process. Process shutdown means a work prac-
Pressure relief device or valve means a tice or operational procedure that
safety device used to prevent operating stops production from a process or part
pressures from exceeding the maximum of a process during which it is tech-
allowable working pressure of the proc- nically feasible to clear process mate-
ess equipment. A common pressure re- rial from a process or part of a process
lief device is a spring-loaded pressure consistent with safety constraints and
relief valve. Devices that are actuated during which repairs can be effected.
either by a pressure of less than or An unscheduled work practice or oper-
equal to 2.5 pounds per square inch ational procedure that stops produc-
gauge or by a vacuum are not pressure tion from a process or part of a process
relief devices. for less than 24 hours is not a process
458
shutdown. An unscheduled work prac- through the vent contains less than 50
tice or operational procedure that ppmv HAP, as determined through
would stop production from a process process knowledge that no HAP are
or part of a process for a shorter period present in the emission stream; using
of time than would be required to clear an engineering assessment as discussed
the process or part of the process of in § 63.1365(c)(2)(ii); from test data col-
materials and start up the process, and lected using Method 18 of 40 CFR part
would result in greater emissions than 60, appendix A; or from test data col-
delay of repair of leaking components lected using any other test method
until the next scheduled process shut- that has been validated according to
down, is not a process shutdown. The the procedures in Method 301 of appen-
use of spare equipment and technically dix A of this part. Process vents do not
feasible bypassing of equipment with- include vents on storage vessels regu-
out stopping production are not proc- lated under § 63.1362(c), vents on waste-
ess shutdowns. water emission sources regulated under
Process tank means a tank that is § 63.1362(d), or pieces of equipment regu-
used within a process to collect mate- lated under § 63.1363.
rial discharged from a feedstock stor- Process wastewater means wastewater
age vessel or equipment within the which, during manufacturing or proc-
process before the material is trans- essing, comes into direct contact with,
ferred to other equipment within the or results from, the production or use
process or a product storage vessel. In of any raw material, intermediate
many process tanks, unit operations product, finished product, by-product,
such as reactions and blending are con- or waste product. Examples include:
ducted. Other process tanks, such as product tank drawdown or feed tank
surge control vessels and bottom re- drawdown; water formed during a
ceivers, however, may not involve unit chemical reaction or used as a
operations. reactant; water used to wash impuri-
Process unit means the equipment as- ties from organic products or
sembled and connected by pipes or reactants; water used to clean process
ducts to process raw materials and to equipment; water used to cool or
manufacture an intended product. quench organic vapor streams through
Process unit group means a group of direct contact; and condensed steam
process units that manufacture PAI from jet ejector systems pulling vacu-
and products other than PAI by alter- um on vessels containing organics.
nating raw materials or operating con- Product means the compound(s) or
ditions, or by reconfiguring process chemical(s) that are produced or manu-
equipment. A process unit group is de- factured as the intended output of a
termined according to the procedures process unit. Impurities and wastes are
specified in § 63.1360(g). not considered products.
Process vent means a point of emis- Product dryer means equipment that
sion from processing equipment to the is used to remove moisture or other
atmosphere or a control device. The liquid from granular, powdered, or
vent may be the release point for an other solid PAI or integral inter-
emission stream associated with an in- mediate products prior to storage, for-
dividual unit operation, or it may be mulation, shipment, or other uses. The
the release point for emission streams product dryer is part of the process.
from multiple unit operations that Product dryer vent means a process
have been manifolded together into a vent from a product dryer through
common header. Examples of process which a gas stream containing gaseous
vents include, but are not limited to, pollutants (i.e., organic HAP, HCl, or
vents on condensers used for product chlorine), particulate matter, or both
recovery, bottom receivers, surge con- are released to the atmosphere or are
trol vessels, reactors, filters, cen- routed to a control device.
trifuges, process tanks, and product Production-indexed HAP consumption
dryers. A vent is not considered to be a factor (HAP factor) is the result of di-
process vent for a given emission epi- viding the annual consumption of total
sode if the undiluted and uncontrolled HAP by the annual production rate, per
emission stream that is released process.
459
§ 63.1361 40 CFR Ch. I (7–1–16 Edition)
Production-indexed VOC consumption (as defined in § 63.111 of subpart G of

factor (VOC factor) is the result of di- this part) that is removed from a
viding the annual consumption of total wastewater stream by a waste manage-
VOC by the annual production rate, per ment unit or treatment process that
process. does not destroy organics (non-
Publicly owned treatment works destructive unit). Examples of residu-
(POTW) is defined at 40 CFR part als from nondestructive wastewater
403.3(0). management units include the organic
Reactor means a device or vessel in layer and bottom residue removed by a
which one or more chemicals or decanter or organic-water separator
reactants, other than air, are combined and the overheads from a steam strip-
or decomposed in such a way that their per or air stripper. Examples of mate-
molecular structures are altered and rials which are not residuals include:
one or more new organic compounds silt; mud; leaves; bottoms from a steam
are formed. stripper or air stripper; and sludges,
Reconfiguration means disassembly of ash, or other materials removed from
processing equipment for a particular wastewater being treated by destruc-
non-dedicated process unit and re- tive devices such as biological treat-
assembly of that processing equipment ment units and incinerators.
in a different sequence, or in combina-
Safety device means a closure device
tion with other equipment, to create a
such as a pressure relief valve, fran-
different non-dedicated process unit.
gible disc, fusible plug, or any other
Reconstruction, as used in § 63.1360(b),
type of device which functions exclu-
shall have the meaning given in § 63.2,
sively to prevent physical damage or
except that ‘‘affected or previously un-
permanent deformation to a unit or its
affected stationary source’’ shall mean
either ‘‘affected facility’’ or ‘‘PAI proc- air emission control equipment by
ess unit.’’ venting gases or vapors directly to the
Recovery device, as used in the waste- atmosphere during unsafe conditions
water provisions, means an individual resulting from an unplanned, acci-
unit of equipment capable of, and nor- dental, or emergency event. For the
mally used for the purpose of, recov- purposes of this subpart, a safety de-
ering chemicals for fuel value (i.e., net vice is not used for routine venting of
positive heating value), use, reuse, or gases or vapors from the vapor
for sale for fuel value, use, or reuse. headspace underneath a cover such as
Examples of equipment that may be re- during filling of the unit or to adjust
covery devices include organic removal the pressure in this vapor headspace in
devices such as decanters, strippers, or response to normal daily diurnal ambi-
thin-film evaporation units. To be a re- ent temperature fluctuations. A safety
covery device, a decanter and any device is designed to remain in a closed
other equipment based on the oper- position during normal operations and
ating principle of gravity separation open only when the internal pressure,
must receive only multi-phase liquid or another relevant parameter, exceeds
streams. the device threshold setting applicable
Repaired means that equipment is ad- to the air emission control equipment
justed, or otherwise altered, to elimi- as determined by the owner or operator
nate a leak as defined in the applicable based on manufacturer recommenda-
paragraphs of § 63.1363. tions, applicable regulations, fire pro-
Research and development facility tection and prevention codes, standard
means any stationary source whose engineering codes and practices, or
primary purpose is to conduct research other requirements for the safe han-
and development, where the operations dling of flammable, combustible, explo-
are under the close supervision of tech- sive, reactive, or hazardous materials.
nically trained personnel, and is not Sampling connection system means an
engaged in the manufacture of prod- assembly of equipment within a proc-
ucts for commercial sale, except in a de ess unit used during periods of rep-
minimis manner. resentative operation to take samples

Residual means any liquid or solid of the process fluid. Equipment used to
material containing Table 9 compounds take nonroutine grab samples is not
460
considered a sampling connection sys- piece of equipment or a control device

tem. that is subject to this subpart.
Sensor means a device that measures Storage vessel means a tank or other
a physical quantity or the change in a vessel that is used to store organic liq-
physical quantity, such as tempera- uids that contain one or more HAP and
ture, pressure, flow rate, pH, or liquid that has been assigned, according to
level. the procedures in § 63.1360(f) or (g), to a
Set pressure means the pressure at PAI process unit that is subject to this
which a properly operating pressure re- subpart MMM. The following are not
lief device begins to open to relieve considered storage vessels for the pur-
atypical process system operating pres- poses of this subpart:
sure. (1) Vessels permanently attached to
Sewer line means a lateral, trunk motor vehicles such as trucks, railcars,
line, branch line, or other conduit in- barges, or ships;
cluding, but not limited to, grates, (2) Pressure vessels designed to oper-
trenches, etc., used to convey waste- ate in excess of 204.9 kilopascals and
water streams or residuals to a down- without emissions to the atmosphere;
stream waste management unit. (3) Vessels storing material that con-
Shutdown means the cessation of op- tains no organic HAP or contains or-
eration of a continuous PAI process ganic HAP only as impurities;
unit for any purpose. Shutdown also (4) Wastewater storage tanks;
means the cessation of a batch PAI (5) Process tanks; and
process unit or any related individual (6) Nonwastewater waste tanks.
piece of equipment required or used to Supplemental gases means any non-
comply with this part or for emptying affected gaseous streams (streams that
and degassing storage vessels for peri- are not from process vents, storage ves-
odic maintenance, replacement of sels, equipment or waste management
equipment, repair, or any other pur- units) that contain less than 50 ppmv
pose not excluded from this definition. TOC and less than 50 ppmv total HCl
Shutdown does not apply to cessation and chlorine, as determined through
of a batch PAI process unit at the end process knowledge, and are combined
of a campaign or between batches (e.g., with an affected vent stream. Supple-
for rinsing or washing equipment), for mental gases are often used to main-
routine maintenance, or for other rou- tain pressures in manifolds or for fire
tine operations. and explosion protection and preven-
Small control device means a control tion. Air required to operate combus-
device that controls process vents, and tion device burner(s) is not considered
the total HAP emissions into the con- a supplemental gas.
trol device from all sources are less Surface impoundment means a waste
than 10 tons of HAP per year. management unit which is a natural
Startup means the setting in oper- topographic depression, manmade ex-
ation of a continuous PAI process unit cavation, or diked area formed pri-
for any purpose, the first time a new or marily of earthen materials (although
reconstructed batch PAI process unit it may be lined with manmade mate-
begins production, or, for new equip- rials), which is designed to hold an ac-
ment added, including equipment used cumulation of liquid wastes or waste
to comply with this subpart, the first containing free liquids. A surface im-
time the equipment is put into oper- poundment is used for the purpose of
ation. For batch process units, startup treating, storing, or disposing of waste-
does not apply to the first time the water or residuals, and is not an injec-
equipment is put into operation at the tion well. Examples of surface im-
start of a campaign to produce a prod- poundments are equalization, settling,
uct that has been produced in the past, and aeration pits, ponds, and lagoons.
after a shutdown for maintenance, or Total organic compounds (TOC) means
when the equipment is put into oper- those compounds measured according
ation as part of a batch within a cam- to the procedures of Method 18 or

paign. As used in § 63.1363, startup Method 25A, 40 CFR part 60, appendix
means the setting in operation of a A.
461
§ 63.1362 40 CFR Ch. I (7–1–16 Edition)
Treatment process means a specific pers, or thin-film evaporation units. If

technique that removes or destroys the such equipment is a recovery device,
organics in a wastewater or residual then it is part of a PAI process unit
stream such as a steam stripping unit, and is not a waste management unit.
thin-film evaporation unit, waste in- Wastewater means water that meets
cinerator, biological treatment unit, or either of the conditions described in
any other process applied to waste- paragraph (1) or (2) of this definition
water streams or residuals to comply and is discarded from a PAI process
with § 63.138 of subpart G of this part. unit that is at an affected source:
Most treatment processes are con- (1) Is generated from a PAI process or
ducted in tanks. Treatment processes a scrubber used to control emissions
are a subset of waste management from a PAI process and contains either:
units. (i) An annual average concentration
Uncontrolled HAP emissions means a of compounds in Table 9 of subpart G of
gas stream containing HAP which has this part of at least 5 ppmw and has an
exited the process (or process con- average flow rate of 0.02 L/min or
denser, if any), but which has not yet greater; or
been introduced into an air pollution (ii) An annual average concentration
control device to reduce the mass of of compounds in Table 9 of subpart G of
HAP in the stream. If the process vent this part of at least 10,000 ppmw at any
is not routed to an air pollution con- flow rate;
trol device, uncontrolled emissions are (2) Is generated from a PAI process
those HAP emissions released to the unit as a result of maintenance activi-
atmosphere. ties and contains at least 5.3 Mg of
Unit operation means those processing compounds listed in Table 9 of subpart
steps that occur within distinct equip- G of this part per individual discharge
ment that are used, among other event.
things, to prepare reactants, facilitate Wastewater tank means a stationary
reactions, separate and purify prod- waste management unit that is de-
ucts, and recycle materials. Equipment signed to contain an accumulation of
used for these purposes includes, but is wastewater or residuals and is con-
not limited to, reactors, distillation structed primarily of nonearthen mate-
units, extraction columns, absorbers, rials (e.g., wood, concrete, steel, plas-
decanters, dryers, condensers, and fil- tic) which provide structural support.
tration equipment. Wastewater tanks used for flow equali-
Vapor-mounted seal means a contin- zation are included in this definition.
uous seal that completely covers the Water seal controls means a seal pot,
annular space between the wall of the p-leg trap, or other type of trap filled
storage tank or waste management with water (e.g., flooded sewers that
unit and the edge of the floating roof, maintain water levels adequate to pre-
and is mounted such that there is a vent air flow through the system) that
vapor space between the stored liquid creates a water barrier between the
and the bottom of the seal. sewer line and the atmosphere. The
Volatile organic compounds are defined water level of the seal must be main-
in 40 CFR 51.100. tained in the vertical leg of a drain in
Waste management unit means the order to be considered a water seal.
equipment, structure(s), and/or de- [64 FR 33589, June 23, 1999, as amended at
vice(s) used to convey, store, treat, or Nov. 21, 2001; 67 FR 59343, Sept. 20, 2002; 71 FR
dispose of wastewater streams or re- 20460, Apr. 20, 2006; 79 FR 17372, Mar. 27, 2014]
siduals. Examples of waste manage-
ment units include wastewater tanks, § 63.1362 Standards.
surface impoundments, individual (a) On and after the compliance dates
drain systems, and biological waste- specified in § 63.1364, each owner or op-
water treatment units. Examples of erator of an affected source subject to
equipment that may be waste manage- the provisions of this subpart shall
ment units include containers, air flo- control HAP emissions to the levels
tation units, oil-water separators or or- specified in this section and in § 63.1363,
ganic-water separators, or organic reas summarized in Table 2 of this sub-
moval devices such as decanters, strip- part.
462
(b) Process vents. (1) The owner or op- greater than or equal to 90 percent by
erator of an existing source shall com- weight but less than 98 percent by
ply with the requirements of para- weight, then the control device must
graphs (b)(2) and (3) of this section. The be operated to reduce inlet emissions
owner or operator of a new source shall of total organic HAP by 90 percent by
comply with the requirements of para- weight or greater.
graphs (b)(4) and (5) of this section. (iii) Excluding process vents that are
Compliance with paragraphs (b)(2) subject to the requirements in para-
through (b)(5) of this section shall be graph (b)(2)(ii) of this section, uncon-
demonstrated through the applicable trolled organic HAP emissions from
test methods and initial compliance the sum of all process vents within a
procedures in § 63.1365 and the moni- process shall be reduced by 90 percent
toring requirements in § 63.1366. or greater by weight.
(2) Organic HAP emissions from existing (iv) As an alternative to the require-
sources. The owner or operator of an ex- ments in paragraphs (b)(2)(ii) and (iii)
isting affected source must comply of this section, uncontrolled organic
with the requirements in either para- HAP emissions from any process vent
graph (b)(2)(i) of this section or with may be reduced in accordance with any
the requirements in paragraphs of the provisions in paragraphs
(b)(2)(ii) through (iv) of this section. (b)(2)(iv)(A) through (D) of this section.
(i) The uncontrolled organic HAP All remaining process vents within a
emission rate shall not exceed 0.15 Mg/ process must be controlled in accord-
yr from the sum of all process vents ance with paragraphs (b)(2)(ii) and (iii)
within a process. of this section.
(ii) (A) Except as provided in para- (A) To outlet concentrations less
graph (b)(2)(ii)(B) of this section, un- than or equal to 20 ppmv; or
controlled organic HAP emissions from (B) By a flare that meets the require-
a process vent shall be reduced by 98 ments of § 63.11(b); or
percent by weight or greater if the (C) By a control device specified in
flow-weighted average flowrate for the § 63.1365(a)(4); or
vent as calculated using Equation 1 of (D) In accordance with the alter-
this subpart is less than or equal to the native standard specified in paragraph
flowrate calculated using Equation 2 of (b)(6) of this section.
this subpart. (3) HCl and Cl2 emissions from existing
sources. For each process, the owner or
n
∑ (D i )(FR i )
operator of an existing source shall
comply with the requirements of either
i =1
FR a = n
( Eq. 1) paragraph (b)(3)(i) or (ii) of this sec-
tion.
∑ Di (i) The uncontrolled HCl and Cl2
emissions, including HCl generated
i =1
from the combustion of halogenated
FR = 0.02 ∗ (HL ) − 1,000 ( Eq. 2) process vent emissions, from the sum
Where: of all process vents within a process
shall not exceed 6.8 Mg/yr.
FRa = flow-weighted average flowrate for the
vent, scfm (ii) HCl and Cl2 emissions, including
Di = duration of each emission event, min HCl generated from combustion of hal-
FRi = flowrate of each emission event, scfm ogenated process vent emissions, from
n = number of emission events the sum of all process vents within a
FR = flowrate, scfm process shall be reduced by 94 percent
HL = annual uncontrolled organic HAP emis- or greater or to outlet concentrations
sions, lb/yr, as defined in § 63.1361
less than or equal to 20 ppmv.
(B) If the owner or operator can dem- (4) Organic HAP emissions from new
onstrate that a control device, in- sources. For each process, the owner or
stalled on or before November 10, 1997 operator of a new source shall comply
on a process vent otherwise subject to with the requirements of either para-
the requirements of paragraph graph (b)(4)(i) or (ii) of this section.

ER23JN99.001</GPH>
(b)(2)(ii)(A) of this section, reduces (i) The uncontrolled organic HAP

inlet emissions of total organic HAP by emissions shall not exceed 0.15 Mg/yr
463
ER23JN99.000</GPH>
§ 63.1362 40 CFR Ch. I (7–1–16 Edition)
from the sum of all process vents with- device or series of control devices, the
in a process. control device(s) must achieve an out-
(ii) The uncontrolled organic HAP let TOC concentration, as calibrated on
emissions from the sum of all process methane or the predominant HAP, of 50
vents within a process at a new af- ppmv or less, and an outlet concentra-
fected source that are not controlled tion of HCl and Cl2 of 50 ppmv or less.
according to any of the requirements of Any process vents within a process
paragraphs (b)(4)(ii)(A) through (C) or that are not routed to such a control
(b)(6) of this section shall be reduced by device or series of control devices must
98 weight percent or greater. be controlled in accordance with the
(A) To outlet concentrations less provisions of paragraph (b)(2)(ii), (iii),
than or equal to 20 ppmv; or (iv), (b)(3)(ii), (b)(4)(ii), (b)(5)(ii) or (iii)
(B) By a flare that meets the require- of this section, as applicable.
ments of § 63.11(b); or (c) Storage vessels. (1) The owner or
(C) By a control device specified in operator shall either determine the
§ 63.1365(a)(4). group status of a storage vessel or des-
(5) HCl and Cl2 emissions from new ignate it as a Group 1 storage vessel. If
sources. For each process, the owner or the owner or operator elects to des-
operator of a new source shall comply ignate the storage vessel as a Group 1
with the requirements of either para- storage vessel, the owner or operator is
graph (b)(5)(i), (ii), or (iii) of this sec- not required to determine the max-
tion. imum true vapor pressure of the mate-
(i) The uncontrolled HCl and Cl2 rial stored in the storage vessel.
emissions, including HCl generated (2) Standard for existing sources. Ex-
from combustion of halogenated proc- cept as specified in paragraphs (c)(4),
ess vent emissions, from the sum of all (5), and (6) of this section, the owner or
process vents within a process shall not operator of a Group 1 storage vessel at
exceed 6.8 Mg/yr. an existing affected source, as defined
(ii) If HCl and Cl2 emissions, includ- in § 63.1361, shall equip the affected
ing HCl generated from combustion of storage vessel with one of the fol-
halogenated process vent emissions, lowing:
from the sum of all process vents with- (i) A fixed roof and internal floating
in a process are greater than 6.8 Mg/yr roof, or
and less than or equal to 191 Mg/yr, (ii) An external floating roof, or
these HCl and Cl2 emissions shall be re- (iii) An external floating roof con-
duced by 94 percent or to an outlet converted to an internal floating roof, or
centration less than or equal to 20 (iv) A closed vent system meeting the
ppmv. conditions of paragraph (j) of this sec-
(iii) If HCl and Cl2 emissions, includ- tion and a control device that meets
ing HCl generated from combustion of any of the following conditions:
halogenated process vent emissions, (A) Reduces organic HAP emissions
from the sum of all process vents with- by 95 percent by weight or greater; or
in a process are greater than 191 Mg/yr, (B) Reduces organic HAP emissions
these HCl and Cl2 emissions shall be re- to outlet concentrations of 20 ppmv or
duced by 99 percent or greater or to an less; or
outlet concentration less than or equal (C) Is a flare that meets the require-
to 20 ppmv. ments of § 63.11(b); or
(6) Alternative standard. As an alter- (D) Is a control device specified in
native to the provisions in paragraphs § 63.1365(a)(4).
(b)(2) through (5) of this section, the (3) Standard for new sources. Except as
owner or operator may route emissions specified in paragraphs (c)(4), (5), and
from a process vent to a combustion (6) of this section, the owner or oper-
control device achieving an outlet TOC ator of a Group 1 storage vessel at a
concentration, as calibrated on meth- new source, as defined in § 63.1361, shall
ane or the predominant HAP, of 20 equip the affected storage vessel in ac-
ppmv or less, and an outlet concentra- cordance with any one of paragraphs
tion of HCl and Cl2 of 20 ppmv or less. (c)(2)(i) through (iv) of this section.
If the owner or operator is routing (4) Alternative standard. As an alter-
emissions to a non-combustion control native to the provisions in paragraphs
464
(c)(2) and (3) of this section, the owner are connected to the storage tank’s
or operator of an existing or new af- vapor collection system.
fected source may route emissions (iv) No pressure relief device on the
from storage vessels to a combustion storage tank or on the railcar or tank
control device achieving an outlet TOC truck shall open during loading or as a
concentration, as calibrated on meth- result of diurnal temperature changes
ane or the predominant HAP, of 20 (breathing losses).
ppmv or less, and an outlet concentra- (v) Pressure relief devices on affected
tion of hydrogen chloride and chlorine storage tanks must be set to no less
of 20 ppmv or less. If the owner or oper- than 2.5 psig at all times to prevent
ator is routing emissions to a non-com- breathing losses. The owner or oper-
bustion control device or series of con- ator shall record the setting as speci-
trol devices, the control device(s) must fied in § 63.1367(b)(8) and comply with
achieve an outlet TOC concentration, the following requirements for each
as calibrated on methane or the pre- pressure relief valve:
dominant HAP, of 50 ppmv or less, and (A) The pressure relief valve shall be
an outlet concentration of HCl and Cl2 monitored quarterly using the method
of 50 ppmv or less. described in § 63.180(b).
(5) Planned routine maintenance. The (B) An instrument reading of 500
owner or operator is exempt from the ppmv or greater defines a leak.
specifications in paragraphs (c)(2) (C) When a leak is detected, it shall
through (4) of this section during peri- be repaired as soon as practicable, but
ods of planned routine maintenance of no later than 5 days after it is de-
the control device that do not exceed tected, and the owner or operator shall
240 hr/yr. The owner or operator may comply with the recordkeeping re-
submit an application to the Adminis- quirements of § 63.1363(g)(4)(i) through
trator requesting an extension of this (iv).
time limit to a total of 360 hr/yr. The (vi) Railcars or tank trucks that de-
application must explain why the ex- liver HAP to an affected storage tank
tension is needed, it must indicate that must be reloaded or cleaned at a facil-
no material will be added to the stor- ity that utilizes one of the following
age vessel between the time the 240-hr control techniques:
limit is exceeded and the control de- (A) The railcar or tank truck must be
vice is again operational, and it must connected to a closed vent system with
be submitted at least 60 days before the a control device that reduces inlet
240-hr limit will be exceeded. emissions of HAP by 90 percent by
(6) Vapor balancing alternative. As an weight or greater; or
alternative to the requirements in (B) A vapor balancing system de-
paragraphs (c)(2) and (3) of this section, signed and operated to collect organic
the owner or operator of an existing or HAP vapor displaced from the tank
new affected source may implement truck or railcar during reloading must
vapor balancing in accordance with be used to route the collected HAP
paragraphs (c)(6)(i) through (vii) of this vapor to the storage tank from which
section. the liquid being transferred originated.
(i) The vapor balancing system must (vii) The owner or operator of the fa-
be designed and operated to route or- cility where the railcar or tank truck
ganic HAP vapors displaced from load- is reloaded or cleaned must comply
ing of the storage tank to the railcar with the following requirements:
or tank truck from which the storage (A) Submit to the owner or operator
tank is filled. of the affected storage tank and to the
(ii) Tank trucks and railcars must Administrator a written certification
have a current certification in accord- that the reloading or cleaning facility
ance with the U.S. Department of will meet the requirements of this sec-
Transportation pressure test require- tion. The certifying entity may revoke
ments of 49 CFR part 180 for tank the written certification by sending a
trucks and 49 CFR 173.31 for railcars. written statement to the owner or op-
(iii) Hazardous air pollutants must erator of the affected storage tank giv-
only be unloaded from tank trucks or ing at least 90 days notice that the cer-
railcars when vapor collection systems tifying entity is rescinding acceptance
465
§ 63.1362 40 CFR Ch. I (7–1–16 Edition)
of responsibility for compliance with shall apply for the purposes of this sub-
the requirements of this paragraph part.
(c)(6)(vii)(A). (ii) When December 31, 1992, is re-
(B) If complying with paragraph ferred to in § 63.119 of subpart G of this
(c)(6)(vi)(A) of this section, dem- part, November 10, 1997 shall apply for
onstrate initial compliance in accord- the purposes of this subpart.
ance with § 63.1365(d), demonstrate con- (iii) When April 22, 1994 is referred to
tinuous compliance in accordance with in § 63.119 of subpart G of this part,
§ 63.1366, keep records as specified in June 23, 1999 shall apply for the pur-
§ 63.1367, and prepare reports as speci- poses of this subpart.
fied in § 63.1368. (iv) When the phrase ‘‘the compliance
(C) If complying with paragraph date specified in § 63.100 of subpart F of
(c)(6)(vi)(B) of this section, keep this part’’ is referred to in § 63.120 of
records of: subpart G of this part, the phrase ‘‘the
(1) The equipment to be used and the compliance date specified in § 63.1364’’
procedures to be followed when reload- shall apply for the purposes of this sub-
ing the railcar or tank truck and dis- part.
placing vapors to the storage tank (3) To request approval to monitor al-
from which the liquid originates, and ternative parameters, as referred to in
§ 63.146(a) of subpart G of this part, the
(2) Each time the vapor balancing
owner or operator shall comply with
system is used to comply with para-
the procedures in § 63.8(f) of subpart A
graph (c)(6)(vi)(B) of this section.
of this part, as referred to in
(7) Compliance with the provisions of § 63.1366(b)(4), instead of the procedures
paragraphs (c)(2) and (3) of this section in § 63.151(f) or (g) of subpart G of this
is demonstrated using the initial com- part.
pliance procedures in § 63.1365(d) and (4) When the Notification of Compli-
the monitoring requirements in ance Status report requirements con-
§ 63.1366. Compliance with the outlet tained in § 63.152(b) of subpart G of this
concentrations in paragraph (c)(4) of part are referred to in § 63.146 of sub-
this section shall be determined by the part G of this part, the Notification of
initial compliance provisions in Compliance Status report require-
§ 63.1365(a)(5) and the continuous emis- ments in § 63.1368(f) shall apply for the
sion monitoring requirements of purposes of this subpart.
§ 63.1366(b)(5). (5) When the recordkeeping require-
(d) Wastewater. The owner or operator ments contained in § 63.152(f) of subpart
of each affected source shall comply G of this part are referred to in
with the requirements of §§ 63.132 § 63.147(d) of subpart G of this part, the
through 63.147, with the differences recordkeeping requirements in § 63.1367
noted in paragraphs (d)(1) through (16) shall apply for the purposes of this sub-
of this section for the purposes of this part.
subpart. (6) When the Periodic report require-
(1) When the determination of ments contained in § 63.152(c) of subpart
equivalence criteria in § 63.102(b) is re- G of this part are referred to in §§ 63.146
ferred to in §§ 63.132, 63.133, and 63.137 of and 63.147 of subpart G of this part, the
subpart G of this part, the provisions in Periodic report requirements contained
§ 63.6(g) of subpart A of this part shall in § 63.1368(g) shall apply for the pur-
apply. poses of this subpart.
(2) When the storage tank require- (7) When the term ‘‘process waste-
ments contained in §§ 63.119 through water’’ is referred to in §§ 63.132
63.123 are referred to in §§ 63.132 through through 63.147 of subpart G of this part,
63.147, §§ 63.119 through 63.123 are appli- the term ‘‘wastewater’’ as defined in
cable, with the exception of the dif- § 63.1361 shall apply for the purposes of
ferences noted in paragraphs (d)(2)(i) this subpart.
through (iv) of this section. (8) When the term ‘‘Group 1 waste-
(i) When the term ‘‘storage vessel’’ is water stream’’ is used in §§ 63.132
used in §§ 63.119 through 63.123 of sub- through 63.147 of subpart G of this part,
part G of this part, the definition of the definition of the term ‘‘Group 1
the term ‘‘storage vessel’’ in § 63.1361 wastewater stream’’ in § 63.1361 shall
466
apply for both new sources and existing site treatment operation not owned or
sources for the purposes of this sub- operated by the owner or operator of
part. the source generating the wastewater
(9) The requirements in §§ 63.132 (or residual) if the transferee manages
through 63.147 for compounds listed on and treats the wastewater stream or
Table 8 of subpart G of this part shall residual in accordance with paragraphs
not apply for the purposes of this sub- (d)(14)(i) through (iv) of this section.
part. (i) Treat the wastewater stream or
(10) When the total load of Table 9 residual in a biological treatment unit
compounds in the sum of all process in accordance with §§ 63.138 and 63.145.
wastewater from PAI process units at a (ii) Cover the waste management
new affected source is 2,100 Mg/yr (2,300 units up to the activated sludge unit.
tons/yr) or more, the owner or operator Alternatively, covers are not required
shall reduce, by removal or destruc- if the owner or operator demonstrates
tion, the mass flow rate of all com- that less than 5 percent of the total
pounds in Table 9 of subpart G of this HAP listed in Table 3 to subpart GGG
part in all wastewater (process and of this part is emitted.
maintenance wastewater) by 99 percent (iii) Inspect covers as specified in
or more. Alternatively, the owner or § 63.1366(h).
operator may treat the wastewater in a (iv) The reference in § 63.132(g)(2) to
unit identified in and complying with ‘‘§ 63.102(b) of subpart F’’ does not apply
§ 63.138(h) of subpart G of this part. The for the purposes of this subpart.
removal/destruction efficiency shall be (15) When § 63.133 refers to Table 10 to
determined by the procedures specified subpart G of this part, the maximum
in § 63.145(c) of subpart G of this part, true vapor pressures in the table shall
for noncombustion processes, or be limited to the HAP listed in Table 9
§ 63.145(d) of subpart G of this part, for to subpart G of this part.
combustion processes. (16) When the inspection, record-
(11) The compliance date for the af- keeping, and reporting requirements
fected source subject to the provisions contained in § 63.148 are referred to in
of this section is specified in § 63.1364. §§ 63.132 through 63.147, the inspection
(12) As an alternative to using Meth- requirements in § 63.1366(h), the record-
od 18 of 40 CFR part 60, as specified in keeping requirements in § 63.1367(f), and
§§ 63.139(c)(1)(ii) and 63.145(i)(2), the the reporting requirements in
owner or operator may elect to use § 63.1368(g)(2)(iii) and (xi) shall apply for
Method 25 or Method 25A of 40 CFR the purposes of this subpart.
part 60, as specified in § 63.1365(b). (e) Bag dumps and product dryers. (1)
(13) The requirement to correct out- The owner or operator shall reduce par-
let concentrations from combustion de- ticulate matter emissions to a con-
vices to 3 percent oxygen in centration not to exceed 0.01 gr/dscf
§ 63.139(c)(1)(ii) shall apply only if sup- from product dryers that dry a PAI or
plemental gases are combined with af- integral intermediate that is a HAP.
fected vent streams, and the proce- (2) The owner or operator shall re-
dures in § 63.1365(a)(7)(i) apply instead duce particulate matter emissions to a
of the procedures in § 63.145(i)(6) to de- concentration not to exceed 0.01 gr/dscf
termine the percent oxygen correction. from bag dumps that introduce to a
If emissions are controlled with a PAI process unit a feedstock that is a
vapor recovery system as specified in solid material and a HAP, excluding
§ 63.139(c)(2), the owner or operator bag dumps where the feedstock con-
must correct for supplemental gases as tains HAP only as impurities.
specified in § 63.1365(a)(7)(ii). (3) Gaseous HAP emissions from
(14) As an alternative to the manage- product dryers and bag dumps shall be
ment and treatment options specified controlled in accordance with the pro-
in § 63.132(g)(2), any Group 1 wastewater visions for process vent emissions in
stream (or residual removed from a paragraph (b) of this section.
Group 1 wastewater stream) that con- (f) Heat exchange systems. Unless one
tains less than 50 ppmw of HAP listed or more of the conditions specified in
in Table 2 to subpart GGG of this part § 63.104(a)(1) through (6) of subpart F of
may be transferred offsite or to an on- this part are met, an owner or operator
467
§ 63.1362 40 CFR Ch. I (7–1–16 Edition)
shall monitor each heat exchange sys- centage basis). For any reduction in
tem that is used to cool process equip- the HAP factor that is achieved by re-
ment in PAI process units that are part ducing a HAP that is not a VOC, the
of an affected source as defined in VOC factor may not be increased.
§ 63.1360(a) according to the provisions (3) As an alternative to the provi-
in either § 63.104(b) or (c) of subpart F sions in paragraph (g)(2) of this section,
of this part. When the term ‘‘chemical the owner or operator may combine
manufacturing process unit’’ is used in pollution prevention with emissions
§ 63.104(c) of subpart F of this part, the control as specified in paragraphs
term ‘‘PAI process unit’’ shall apply (g)(3)(i) and (ii) of this section.
for the purposes of this subpart. When- (i) The HAP factor shall be reduced
ever a leak is detected, the owner or as specified in paragraph (g)(2) of this
operator shall comply with the require- section except that a reduction of at
ments in § 63.104(d) of subpart F of this least 50 percent shall apply for the pur-
part. Delay of repair of heat exchange poses of this paragraph.
systems for which leaks have been de- (ii) The total annual HAP emissions
tected is allowed in accordance with from the PAI process unit shall be re-
the provisions of § 63.104(e) of subpart F duced by an amount that, when divided
of this part. by the annual production rate and
(g) Pollution prevention alternative. added to the reduction of the HAP fac-
Except as provided in paragraph (g)(1) tor yields a value of at least 85 percent
of this section, for a process that has of the baseline HAP factor. The total
an initial startup before November 10, annual VOC emissions from the process
1997, an owner or operator may choose unit must be reduced by an amount
to meet the pollution prevention alter- equivalent to the reduction in HAP
native requirement specified in either emissions for each HAP that is a VOC
paragraph (g)(2) or (3) of this section (the equivalence is determined on a
for any PAI process unit, in lieu of the mass basis). For HAP emissions reduc-
requirements specified in paragraphs tions that are achieved by reducing a
(b), (c), (d), and (e) of this section and HAP that is not a VOC, the total an-
in § 63.1363. Compliance with the re- nual VOC emissions may not be in-
quirements of paragraphs (g)(2) and (3) creased. The reduction in HAP air
of this section shall be demonstrated emissions must be achieved using one
through the procedures in §§ 63.1365(g) of the following control devices:
and 63.1366(f). (A) Combustion control devices such
(1) A HAP must be controlled accord- as incinerators, flares, or process heat-
ing to the requirements of paragraphs ers.
(b), (c), (d), and (e) of this section and (B) Control devices such as con-
§ 63.1363 if it is generated in the PAI densers and carbon adsorbers whose re-
process unit or an associated control covered product is destroyed or shipped
device and it is not part of the produc- offsite for destruction.
tion-indexed HAP consumption factor (C) Any control device that does not
(HAP factor). ultimately allow for recycling of mate-
(2) The HAP factor shall be reduced rial back to the PAI process unit.
by at least 85 percent from a 3-year av- (D) Any control device for which the
erage baseline beginning no earlier owner or operator can demonstrate
than the 1987 through 1989 calendar that the use of the device in control-
years. Alternatively, for a process that ling HAP emissions will have no effect
has been operating for less than 3 years on the HAP factor for the PAI process
but more than 1 year, the baseline fac- unit.
tor may be calculated for the time pe- (h) Emissions averaging provisions. Ex-
riod from startup of the process until cept as provided in paragraphs (h)(1)
the present. For any reduction in the through (7) of this section, the owner
HAP factor achieved by reducing a or operator of an existing affected fa-
HAP that is also a VOC, an equivalent cility may choose to comply with the
reduction in the production-indexed emission standards in paragraphs (b),
VOC consumption factor (VOC factor) (c), and (d) of this section by using
is also required (the equivalence is de- emissions averaging procedures speci-
termined on a mass basis, not a per- fied in § 63.1365(h) for organic HAP
468
emissions from any storage vessel, tion of 50 ppmw, may not be used in
process, or waste management unit any averaging group.
that is part of an affected source sub- (4) Maintenance wastewater streams,
ject to this subpart. wastewater streams treated in biologi-
(1) A State may restrict the owner or cal treatment units, and Group 2
operator of an existing source to use wastewater streams that are not man-
only the procedures in paragraphs (b), aged as specified in §§ 63.133 through
(c), and (d) of this section to comply 63.137 may not be included in any aver-
with the emission standards where aging group.
State authorities prohibit averaging of (5) Processes which have been perma-
HAP emissions. nently shut down and storage vessels
(2) Group 1 emission points that are permanently taken out of HAP service
controlled as specified in paragraphs may not be included in any averaging
(h)(2)(i) through (iii) of this section group.
may not be used to calculate emissions (6) Emission points already con-
averaging credits, unless the equip- trolled on or before November 15, 1990
ment is approved for use in a different may not be used to generate emissions
manner from that specified in para- averaging credits, unless the level of
graphs (b) through (d) of this section, control has been increased after No-
and a nominal efficiency has been as- vember 15, 1990. In these cases, credit
signed according to the procedures in will be allowed only for the increase in
§ 63.150(i). The nominal efficiency must control after November 15, 1990.
exceed the percent reduction required (7) Emission points controlled to
by paragraphs (b) and (c) of this section comply with a State or Federal rule
for process vents and storage vessels, other than this subpart may not be in-
respectively, exceed the percent reduc- cluded in an emissions averaging
tion required in § 63.139(c) for control group, unless the level of control has
devices used to control emissions vent- been increased after November 15, 1990,
ed from waste management units, and above what is required by the other
exceed the percent reduction required State or Federal rule. Only the control
in § 63.138(e) or (f) for wastewater treat- above what is required by the other
ment processes. State or Federal rule will be credited.
(i) Storage vessels controlled with an However, if an emission point has been
internal floating roof meeting the spec- used to generate emissions averaging
ifications of § 63.119(b), an external credit in an approved emissions aver-
floating roof meeting the specifications age, and the point is subsequently
of § 63.119(c), or an external floating made subject to a State or Federal rule
roof converted to an internal floating other than this subpart, the point can
meeting the specifications of § 63.119(d). continue to generate emissions aver-
(ii) Emission points controlled with a aging credit for the purpose of com-
flare. plying with the previously approved
(iii) Wastewater streams that are average.
managed in waste management units (i) Opening of a safety device. The
that are controlled as specified in owner or operator that opens a safety
§§ 63.133 through 63.137, treated using a device, as defined in § 63.1361, is not ex-
steam stripper meeting the specifica- empt from applicable standards in
tions of § 63.138(d), and emissions from order to avoid unsafe conditions. If
the steam stripper are controlled in a opening a safety device results in the
control device that meets the percent failure to meet any applicable stand-
reduction requirements specified in ard, the owner or operator must still
§ 63.139(c). comply with the general duty to mini-
(3) Process vents and storage vessels mize emissions. If opening a safety de-
controlled with a control device to an vice results in a deviation or excess
outlet concentration of 20 ppmv or 50 emissions, such events must be re-
ppmv, as specified in paragraph ported as specified in § 63.1368(i). If the
(b)(2)(iv)(A), (b)(3)(ii), (b)(6), owner or operator attributes the event
(c)(2)(iv)(B), or (c)(4) of this section, to a malfunction and intends to assert

and wastewater streams controlled in a an affirmative defense, the owner or
treatment unit to an outlet concentra- operator is subject to § 63.1360(k).
469
§ 63.1362 40 CFR Ch. I (7–1–16 Edition)
(j) Closed-vent systems. The owner or than or equal to 1,000 ppm by weight of
operator of a closed-vent system that compounds in Table 9 of subpart G of
contains bypass lines that could divert this part at an annual average flow
a vent stream away from a control de- rate greater than or equal to 10 liters
vice used to comply with the require- per minute; or
ments in paragraphs (b) through (d) of (ii) Is a tank that receives one or
this section shall comply with the re- more streams that contain water with
quirements of Table 3 of this subpart a total annual average concentration
and paragraph (j)(1) or (2) of this sec- greater than or equal to 1,000 ppm by
tion. Equipment such as low leg drains, weight of compounds in Table 9 of sub-
high point bleeds, analyzer vents, open-
part G of this part at an annual aver-
ended valves or lines, rupture disks and
age flowrate greater than or equal to 10
pressure relief valves needed for safety
purposes are not subject to this para- liters per minute. The owner or oper-
graph. ator of the source shall determine the
(1) Install, calibrate, maintain, and characteristics of the stream as speci-
operate a flow indicator that is capable fied in paragraphs (k)(5)(ii)(A) and (B)
of determining whether vent stream of this section.
flow is present and taking frequent, (A) The characteristics of the stream
periodic readings. Records shall be being received shall be determined at
maintained as specified in § 63.1367(f)(1). the inlet to the tank.
The flow indicator shall be installed at (B) The characteristics shall be de-
the entrance to any bypass line that termined according to the procedures
could divert the vent stream away in § 63.144(b) and (c) of subpart G of this
from the control device to the atmos- part.
phere; or (l) Exemption for RCRA treatment
(2) Secure the bypass line valve in units. An owner or operator shall be ex-
the closed position with a car-seal or empt from the initial compliance dem-
lock-and-key type configuration. onstrations and monitoring provisions
Records shall be maintained as speci- in §§ 63.1365 and 63.1366 and the associ-
fied in § 63.1367(f)(2).
ated recordkeeping and reporting re-
(k) Control requirements for certain liq-
quirements in §§ 63.1367 and 63.1368 for
uid streams in open systems within a PAI
process unit. (1) The owner or operator emissions from process vents, storage
shall comply with the provisions of vessels, and waste management units
Table 4 of this subpart, for each item of that are discharged to the following de-
equipment meeting all the criteria vices:
specified in paragraphs (k)(2) through (1) A boiler or process heater burning
(4) of this section and either paragraph hazardous waste for which the owner or
(k)(5)(i) or (ii) of this section. operator:
(2) The item of equipment is of a type (i) Has been issued a final permit
identified in Table 4 of this subpart; under 40 CFR part 270 and complies
(3) The item of equipment is part of a with the requirements of 40 CFR part
PAI process unit as defined in § 63.1361; 266, subpart H; or
(4) The item of equipment is con- (ii) Has certified compliance with the
trolled less stringently than in Table 4 interim status requirements of 40 CFR
of this subpart, and the item of equip- part 266, subpart H.
ment is not otherwise exempt from (2) A hazardous waste incinerator for
controls by the provisions of this sub- which the owner or operator has been
part or subpart A of this part; issued a final permit under 40 CFR part
(5) The item of equipment:
270 and complies with the requirements
(i) Is a drain, drain hub, manhole, lift
of 40 CFR part 264, subpart O, or has
station, trench, pipe, or oil/water sepa-
certified compliance with the interim
rator that conveys water with a total
annual average concentration greater status requirements of 40 CFR part 265,
than or equal to 10,000 ppm by weight subpart O.
of compounds in Table 9 of subpart G of [64 FR 33589, June 23, 1999, as amended at 67

this part at any flowrate; or a total an- FR 59343, Sept. 20, 2002; 68 FR 37358, June 23,
nual average concentration greater 2003; 79 FR 17372, Mar. 27, 2014]
470
§ 63.1363 Standards for equipment 300 hours per calendar year, is excluded
leaks. from the requirements of this section if
(a) General equipment leak require- it is identified as required in paragraph
ments. (1) The provisions of this section (g)(9) of this section.
apply to ‘‘equipment’’ as defined in (10) When each leak is detected by
§ 63.1361. The provisions of this section visual, audible, or olfactory means, or
also apply to any closed-vent systems by monitoring as described in § 63.180(b)
and control devices required by this or (c) of subpart H of this part, the fol-
section. lowing requirements apply:
(2) Consistency with other regulations. (i) A weatherproof and readily visible
After the compliance date for a proc- identification, marked with the equip-
ess, equipment subject to both this sec- ment identification number, shall be
tion and either of the following will be attached to the leaking equipment.
required to comply only with the provi- (ii) The identification on a valve in
sions of this subpart: light liquid or gas/vapor service may be
(i) 40 CFR part 60.
removed after it has been monitored as
(ii) 40 CFR part 61.
(3) [Reserved] specified in paragraph (e)(7)(iii) of this
(4) The provisions in § 63.1(a)(3) of section, and no leak has been detected
subpart A of this part do not alter the during the follow-up monitoring. If an
provisions in paragraph (a)(2) of this owner or operator elects to comply
section. with § 63.174(c)(1)(i), the identification
(5) Lines and equipment not con- on a connector may be removed after it
taining process fluids are not subject has been monitored as specified in
to the provisions of this section. Utili- § 63.174(c)(1)(i) and no leak is detected
ties, and other nonprocess lines, such during that monitoring.
as heating and cooling systems which (iii) The identification on equipment,
do not combine their materials with except as specified in paragraph
those in the processes they serve, are (a)(10)(ii) of this section, may be re-
not considered to be part of a process. moved after it has been repaired.
(6) The provisions of this section do (b) References. The owner or operator
not apply to bench-scale processes, re- shall comply with the provisions of
gardless of whether the processes are subpart H of this part as specified in
located at the same plant site as a paragraphs (b)(1) through (3) of this
process subject to the provisions of this section and with paragraph (b)(4) of
subpart MMM. this section for pressure relief devices.
(7) Each piece of equipment to which When the term ‘‘process unit’’ is used
this section applies shall be identified in subpart H of this part, it shall mean
such that it can be distinguished read- any group of processes for the purposes
ily from equipment that is not subject of this subpart. Groups of processes as
to this section. Identification of the used in this subpart may be any indi-
equipment does not require physical vidual process or combination of proc-
tagging of the equipment. For example, esses.
the equipment may be identified on a
(1) Sections 63.160, 63.161, 63.162,
plant site plan, in log entries, or by
63.163, 63.167, 63.168, 63.170, 63.173, 63.175,
designation of process boundaries by
63.176, 63.181, and 63.182 of subpart H of
some form of weatherproof identifica-
tion. If changes are made to the af- this part shall not apply for the pur-
fected source subject to the leak detec- poses of this subpart MMM. The owner
tion requirements, equipment identi- or operator shall comply with the pro-
fication for each type of component visions specified in paragraphs (b)(1)(i)
shall be updated, if needed, within 15 through (viii) of this section.
calendar days of the end of each moni- (i) Sections 63.160 and 63.162 of sub-
toring period for that component. part H of this part shall not apply, in-
(8) Equipment that is in vacuum stead the owner or operator shall com-
service is excluded from the require- ply with paragraph (a) of this section;
ments of this section. (ii) Section 63.161 of subpart H of this

(9) Equipment that is in organic HAP part shall not apply, instead the owner
service, but is in such service less than or operator shall comply with § 63.1361;
471
§ 63.1363 40 CFR Ch. I (7–1–16 Edition)
(iii) Sections 63.163 and 63.173 of sub- (A) The repair is technically infeasi-
part H of this part shall not apply, in- ble without a process shutdown. Repair
stead the owner or operator shall com- of this equipment shall occur by the
ply with paragraph (c) of this section; end of the next scheduled process shut-
(iv) Section 63.167 of subpart H of this down.
part shall not apply, instead the owner (B) The owner or operator determines
or operator shall comply with para- that repair personnel would be exposed
graph (d) of this section; to an immediate danger if attempting
(v) Section 63.168 of subpart H of this to repair without a process shutdown.
part shall not apply, instead the owner Repair of this equipment shall occur by
or operator shall comply with para- the end of the next scheduled process
graph (e) of this section; shutdown.
(vi) Section 63.170 of subpart H of this (ii) Section 63.172, Closed-vent sys-
part shall not apply, instead the owner tems and control devices, shall apply
or operator shall comply with for closed-vent systems used to comply
§ 63.1362(b); with this section, and for control de-
(vii) Section 63.181 of subpart H of vices used to comply with this section
this part shall not apply, instead the only, except:
owner or operator shall comply with (A) Section 63.172(k) and (l) shall not
paragraph (g) of this section; and apply. The owner or operator shall in-
(viii) Section 63.182 of subpart H of
stead comply with paragraph (f) of this
this part shall not apply, instead the
section.
owner or operator shall comply with
(B) Owners or operators may, instead
paragraph (h) of this section.
of complying with the provisions of
(2) The owner or operator shall com-
§ 63.172(f), design a closed-vent system
ply with §§ 63.164, 63.166, 63.169, 63.177,
to operate at a pressure below atmos-
and 63.179 of subpart H of this part in
pheric pressure. The system shall be
their entirety, except that when these
equipped with at least one pressure
sections reference other sections of
gauge or other pressure measurement
subpart H of this part, the owner or op-
device that can be read from a readily
erator shall comply with the revised
accessible location to verify that nega-
sections as specified in paragraphs
tive pressure is being maintained in
(b)(1), (3), and (4) of this section. Sec-
the closed-vent system when the asso-
tion 63.164 of subpart H of this part ap-
ciated control device is operating.
plies to compressors. Section 63.166 of
subpart H of this part applies to sam- (iii) Section 63.174, Connectors, shall
pling connection systems. Section apply except:
63.169 of subpart H of this part applies (A) Section 63.174(b), (f), (g), and (h)
to: pumps, valves, connectors, and agi- shall not apply. In place of § 63.174(b),
tators in heavy liquid service; instru- the owner or operator shall comply
mentation systems; and pressure relief with paragraphs (b)(3)(iii)(C) through
devices in liquid service. Section 63.177 (G) of this section. In place of § 63.174(f),
of subpart H of this subpart applies to (g), and (h), the owner or operator shall
general alternative means of emission comply with paragraph (f) of this sec-
limitation. Section 63.179 of subpart H tion.
of this part applies to alternative (B) Days that the connectors are not
means of emission limitation for en- in organic HAP service shall not be
closed-vented process units. considered part of the 3-month period
(3) The owner or operator shall com- in § 63.174(c).
ply with §§ 63.171, 63.172, 63.174, 63.178, (C) If the percent leaking connectors
and 63.180 of subpart H of this part with in a group of processes was greater
the differences specified in paragraphs than or equal to 0.5 percent during the
(b)(3)(i) through (v) of this section. initial monitoring period, monitoring
(i) Section 63.171, Delay of repair, shall be performed once per year until
shall apply except § 63.171(a) shall not the percent leaking connectors is less
apply. Delay of repair of equipment for than 0.5 percent.
which leaks have been detected is al- (D) If the percent leaking connectors
lowed if one of the following conditions in the group of processes was less than
exist: 0.5 percent, but equal to or greater
472
than 0.25 percent, during the last re- than 0.35 percent, the monitoring pro-
quired monitoring period, monitoring gram shall revert at that time to the
shall be performed once every 4 years. appropriate monitoring frequency spec-
An owner or operator may comply with ified in paragraph (b)(3)(iii)(D), (E), or
the requirements of this paragraph by (F) of this section.
monitoring at least 40 percent of the (iv) Section 63.178, shall apply, except
connectors in the first 2 years and the as specified in paragraphs (b)(3)(iv)(A)
remainder of the connectors within the and (B) of this section.
next 2 years. The percent leaking con- (A) Section 63.178(b), requirements
nectors will be calculated for the total for pressure testing, shall apply to all
of all monitoring performed during the processes, not just batch processes.
4-year period. (B) For pumps, the phrase ‘‘at the
(E) The owner or operator shall in- frequencies specified in Table 1 of this
crease the monitoring frequency to subpart’’ in § 63.178(c)(3)(iii) shall mean
once every 2 years for the next moni- ‘‘quarterly’’ for the purposes of this
toring period if leaking connectors subpart.
comprise at least 0.5 percent but less (v) Section 63.180 of subpart H of this
than 1.0 percent of the connectors mon- part, Test methods and procedures,
itored within either the 4 years speci- shall apply except § 63.180(b)(4)(ii)(A)
fied in paragraph (b)(3)(iii)(D) of this through (C) of subpart H of this part
section, the first 4 years specified in shall not apply. Calibration gases shall
paragraph (b)(3)(iii)(G) of this section, be a mixture of methane and air at a
or the entire 8 years specified in para- concentration of approximately, but
graph (b)(3)(iii)(G) of this section. At less than, 10,000 parts per million meth-
the end of that 2-year monitoring pe- ane for agitators, 2,000 parts per mil-
riod, the owner or operator shall mon- lion for pumps, and 500 parts per mil-
itor once per year while the percent lion for all other equipment, except as
leaking connectors is greater than or provided in § 63.180(b)(4)(iii) of subpart
equal to 0.5 percent; if the percent H of this part.
leaking connectors is less than 0.5 per- (4) Requirements for pressure relief de-
cent, the owner or operator may again vices. Except as specified in paragraph
elect to monitor in accordance with (b)(4)(iv) of this section, the owner or
paragraph (b)(3)(iii)(D) or (G) of this operator must comply with the oper-
section, as applicable. ating and pressure release require-
(F) If an owner or operator comments specified in paragraphs (b)(4)(i)
plying with the requirements of para- and (ii) of this section for pressure re-
graph (b)(3)(iii)(D) or (G) of this section lief devices in organic HAP gas or
for a group of processes determines vapor service. Except as specified in
that 1 percent or greater of the connec- paragraph (b)(4)(iv) of this section, the
tors are leaking, the owner or operator owner or operator must also comply
shall increase the monitoring fre- with the pressure release management
quency to one time per year. The requirements specified in paragraph
owner or operator may again elect to (b)(4)(iii) of this section for all pressure
use the provisions of paragraph relief devices in organic HAP service.
(b)(3)(iii)(D) or (G) of this section after (i) Operating requirements. Except dur-
a monitoring period in which less than ing a pressure release event, operate
0.5 percent of the connectors are deter- each pressure relief device in organic
mined to be leaking. HAP gas or vapor service with an in-
(G) Monitoring shall be required once strument reading of less than 500 ppm
every 8 years, if the percent leaking above background as detected by Meth-
connectors in the group of process od 21 of 40 CFR part 60, appendix A.
units was less than 0.25 percent during (ii) Pressure release requirements. For
the last required monitoring period. An pressure relief devices in organic HAP
owner or operator shall monitor at gas or vapor service, comply with para-
least 50 percent of the connectors in graphs (b)(4)(ii)(A) or (B) of this sec-
the first 4 years and the remainder of tion, as applicable.
the connectors within the next 4 years. (A) If the pressure relief device does
If the percent leaking connectors in not consist of or include a rupture
the first 4 years is equal to or greater disk, conduct instrument monitoring,
473
§ 63.1363 40 CFR Ch. I (7–1–16 Edition)
as detected by Method 21 of 40 CFR (iv) Pressure relief devices routed to a

part 60, appendix A, no later than 5 cal- control device, process, or drain system. If
endar days after the pressure release to a pressure relief device in organic HAP
verify that the pressure relief device is service is designed and operated to
operating with an instrument reading route all pressure releases through a
of less than 500 ppm above background, closed vent system to a control device,
except as provided in § 63.171. process, or drain system, the owner or
(B) If the pressure relief device con- operator is not required to comply with
sists of or includes a rupture disk, in- paragraphs (b)(4)(i), (ii), or (iii) (if ap-
stall a replacement disk as soon as plicable) of this section. Both the
practicable after a pressure release, but closed vent system and control device
no later than 5 calendar days after the (if applicable) must meet the require-
pressure release, except as provided in ments of § 63.172. The drain system (if
§ 63.171. applicable) must meet the require-
(iii) Pressure release management. Ex- ments of § 63.136.
cept as specified in paragraph (b)(4)(iv) (c) Standards for pumps in light liquid
of this section, pressure releases to the service and agitators in gas/vapor service
atmosphere from pressure relief de- and in light liquid service. (1) The provi-
vices in organic HAP service are pro- sions of this section apply to each
hibited, and the owner or operator pump that is in light liquid service,
must comply with the requirements and to each agitator in gas/vapor serv-
specified in paragraphs (b)(4)(iii)(A) ice or in light liquid service.
and (B) of this section for all pressure (2)(i) Monitoring. Each pump and agi-
relief devices in organic HAP service. tator subject to this section shall be
(A) For each pressure relief device in monitored quarterly to detect leaks by
organic HAP service, the owner or op- the method specified in § 63.180(b), ex-
erator must equip each pressure relief cept as provided in §§ 63.177, 63.178,
device with a device(s) or use a moni- paragraph (f) of this section, and para-
toring system that is capable of: graphs (c)(5) through (9) of this section.
(1) Identifying the pressure release; (ii) Leak definition. The instrument
(2) Recording the time and duration reading, as determined by the method
of each pressure release; and as specified in § 63.180(b) of subpart H of
(3) Notifying operators immediately this part, that defines a leak is:
that a pressure release is occurring. (A) For agitators, an instrument
The device or monitoring system may reading of 10,000 parts per million or
be either specific to the pressure relief greater.
device itself or may be associated with (B) For pumps, an instrument read-
the process system or piping, sufficient ing of 2,000 parts per million or greater.
to indicate a pressure release to the at- (iii) Visual inspections. Each pump
mosphere. Examples of these types of and agitator shall be checked by visual
devices and systems include, but are inspection each calendar week for indi-
not limited to, a rupture disk indications of liquids dripping from the
cator, magnetic sensor, motion detec- pump or agitator seal. If there are indi-
tor on the pressure relief valve stem, cations of liquids dripping from the
flow monitor, or pressure monitor. seal at the time of the weekly inspec-
(B) If any pressure relief device in or- tion, the owner or operator shall follow
ganic HAP service releases to atmos- the procedure specified in either para-
phere as a result of a pressure release graph (c)(2)(iii)(A) or (B) of this section
event, the owner or operator must cal- prior to the next weekly inspection.
culate the quantity of organic HAP re- (A) The owner or operator shall mon-
leased during each pressure release itor the pump or agitator by the meth-
event and report this quantity as re- od specified in § 63.180(b). If the instru-
quired in paragraph (h)(3)(v) of this ment reading indicates a leak as speci-
section. Calculations may be based on fied in paragraph (c)(2)(ii) of this sec-
data from the pressure relief device tion, a leak is detected.
monitoring alone or in combination (B) The owner or operator shall

with process parameter monitoring eliminate the visual indications of liq-
data and process knowledge. uids dripping.
474
(3) Repair provisions. (i) When a leak percent calculations shall be made on
is detected pursuant to paragraph the same basis.
(c)(2)(i), (c)(2)(iii)(A), (c)(5)(iv)(A), or (ii) If, calculated on a 1–year rolling
(c)(5)(vi)(B) of this section, it shall be average, 10 percent or more of the
repaired as soon as practicable, but not pumps in a group of processes (or 3
later than 15 calendar days after it is pumps in a group of processes with
detected, except as provided in para- fewer than 30 pumps) leak, the owner
graph (b)(3)(i) of this section. or operator shall monitor each pump
(ii) A first attempt at repair shall be once per month, until the calculated 1–
year rolling average value drops below
after the leak is detected. First at-
10 percent (or three pumps in a group
tempts at repair include, but are not
of processes with fewer than 30 pumps).
limited to, the following practices
where practicable: (iii) The number of pumps in a group
(A) Tightening of packing gland nuts. of processes shall be the sum of all the
(B) Ensuring that the seal flush is op- pumps in organic HAP service, except
erating at design pressure and tem- that pumps found leaking in a contin-
perature. uous process within 1 quarter after
(4) Calculation of percent leakers. (i) startup of the pump shall not count in
The owner or operator shall decide no the percent leaking pumps calculation
later than the end of the first moni- for that one monitoring period only.
toring period what groups of processes (iv) Percent leaking pumps shall be
will be developed. Once the owner or determined using Equation 3 of this
operator has decided, all subsequent subpart:
[ ]
%PL = ( PL − PS ) / ( PT − PS ) × 100 ( Eq. 3)
Where: (B) Equipped with a barrier fluid

%PL = percent leaking pumps degassing reservoir that is connected
PL = number of pumps found leaking as de- by a closed-vent system to a control
termined through quarterly monitoring device that complies with the require-
as required in paragraphs (c)(2)(i) and (ii) ments of paragraph (b)(3)(ii) of this sec-
of this section. tion; or
PT = total pumps in organic HAP service, in- (C) Equipped with a closed-loop sys-
cluding those meeting the criteria in
tem that purges the barrier fluid into a
paragraphs (c)(5) and (6) of this section
PS = number of pumps in a continuous proc-
process stream.
ess leaking within 1 quarter of startup (ii) The barrier fluid is not in light
during the current monitoring period liquid service.
(iii) Each barrier fluid system is
(5) Exemptions. Each pump or agitator equipped with a sensor that will detect
equipped with a dual mechanical seal failure of the seal system, the barrier
system that includes a barrier fluid fluid system, or both.
system and meets the requirements (iv) Each pump/agitator is checked
specified in paragraphs (c)(5)(i) through by visual inspection each calendar
(vii) is exempt from the requirements week for indications of liquids dripping
of paragraphs (c)(1) through (c)(4)(iii) from the pump/agitator seal. If there
of this section, except as specified in are indications of liquids dripping from
paragraphs (c)(5)(iv)(A) and (vii) of this the pump or agitator seal at the time
section. of the weekly inspection, the owner or
(i) Each dual mechanical seal system operator shall follow the procedures
is: specified in either paragraph
(A) Operated with the barrier fluid at (c)(5)(iv)(A) or (B) of this section prior
a pressure that is at all times greater to the next required inspection.

than the pump/agitator stuffing box (A) The owner or operator shall mon-
pressure; or itor the pump or agitator using the
475
ER23JN99.002</GPH>
§ 63.1363 40 CFR Ch. I (7–1–16 Edition)
method specified in § 63.180(b) to deter- ually inspected as often as practicable

mine if there is a leak of organic HAP and at least monthly.
in the barrier fluid. If the instrument (9) If more than 90 percent of the
reading indicates a leak, as specified in pumps in a group of processes meet the
paragraph (c)(2)(ii) of this section, a criteria in either paragraph (c)(5) or (6)
leak is detected. of this section, the group of processes
(B) The owner or operator shall is exempt from the requirements of
eliminate the visual indications of liq- paragraph (c)(4) of this section.
uids dripping. (d) Standards: open-ended valves or
(v) Each sensor as described in para- lines. (1)(i) Each open-ended valve or
graph (c)(5)(iii) of this section is ob- line shall be equipped with a cap, blind
served daily or is equipped with an flange, plug, or a second valve, except
alarm unless the pump is located with- as provided in § 63.177 of subpart H of
in the boundary of an unmanned plant this part and paragraphs (d)(4) through
site. (6) of this section.
(vi)(A) The owner or operator deter- (ii) The cap, blind flange, plug, or
mines, based on design considerations second valve shall seal the open end at
and operating experience, criteria ap- all times except during operations re-
plicable to the presence and frequency quiring process fluid flow through the
of drips and to the sensor that indicate open-ended valve or line, or during
failure of the seal system, the barrier maintenance or repair. The cap, blind
fluid system, or both. flange, plug, or second valve shall be in
(B) If indications of liquids dripping place within 1 hour of cessation of op-
from the pump/agitator seal exceed the erations requiring process fluid flow
criteria established in paragraph through the open-ended valve or line,
(c)(5)(vi)(A) of this section, or if, based or within 1 hour of cessation of mainte-
on the criteria established in para- nance or repair.
graph (c)(5)(vi)(A) of this section, the (2) Each open-ended valve or line
sensor indicates failure of the seal sys- equipped with a second valve shall be
tem, the barrier fluid system, or both, operated in a manner such that the
a leak is detected. valve on the process fluid end is closed
(vii) When a leak is detected pursu- before the second valve is closed.
ant to paragraph (c)(5)(iv)(A) or (vi)(B) (3) When a double block and bleed
of this section, the leak must be re- system is being used, the bleed valve or
paired as specified in paragraph (c)(3) line may remain open during oper-
of this section. ations that require venting the line be-
(6) Any pump/agitator that is de- tween the block valves but shall com-
signed with no externally actuated ply with paragraph (d)(1) of this section
shaft penetrating the pump/agitator at all other times.
housing is exempt from the require- (4) Open-ended valves or lines in an
ments of paragraphs (c)(1) through (3) emergency shutdown system which are
of this section. designed to open automatically in the
(7) Any pump/agitator equipped with event of a process upset are exempt
a closed-vent system capable of cap- from the requirements of paragraphs
turing and transporting any leakage (d)(1) through (3) of this section.
from the seal or seals back to the proc- (5) Open-ended valves or lines con-
ess or to a control device that complies taining materials which would
with the requirements of paragraph autocatalytically polymerize are ex-
(b)(3)(ii) of this section is exempt from empt from the requirements of para-
the requirements of paragraphs (c)(2) graphs (d)(1) through (3) of this section.
through (5) of this section. (6) Open-ended valves or lines con-
(8) Any pump/agitator that is located taining materials which could cause an
within the boundary of an unmanned explosion, serious overpressure, or
plant site is exempt from the weekly other safety hazard if capped or
visual inspection requirement of para- equipped with a double block and bleed
graphs (c)(2)(iii) and (c)(5)(iv) of this system as specified in paragraphs (d)(1)
section, and the daily requirements of through (3) of this section are exempt
paragraph (c)(5)(v) of this section, pro- from the requirements of paragraphs
vided that each pump/agitator is vis- (d)(1) through (3) of this section.
476
(e) Standards: valves in gas/vapor serv- owner or operator may elect to mon-
ice and in light liquid service. (1) The itor each valve once every 2 years.
provisions of this section apply to (5) Calculation of percent leakers. For a
valves that are either in gas/vapor group of processes to which this sub-
service or in light liquid service. part applies, the owner or operator
(2) For existing and new affected may choose to subdivide the valves in
sources, all valves subject to this sec- the applicable group of processes and
tion shall be monitored, except as pro- apply the provisions of paragraph (e)(4)
vided in paragraph (f) of this section of this section to each subgroup. If the
and in § 63.177 of subpart H of this part, owner or operator elects to subdivide
by no later than 1 year after the com- the valves in the applicable group of
pliance date. processes, then the provisions of para-
(3) Monitoring. The owner or operator graphs (e)(5)(i) through (viii) of this
of a source subject to this section shall section apply.
monitor all valves, except as provided (i) The overall performance of total
in paragraph (f) of this section and in valves in the applicable group of proc-
§ 63.177 of subpart H of this part, at the esses must be less than 2 percent leak-
intervals specified in paragraph (e)(4) ing valves, as detected according to
of this section and shall comply with paragraphs (e)(3)(i) and (ii) of this sec-
all other provisions of this section, ex- tion and as calculated according to
cept as provided in paragraph (b)(3)(i) paragraphs (e)(6)(ii) and (iii) of this
of this section and §§ 63.178 and 63.179 of section.
subpart H of this part. (ii) The initial assignment or subse-
(i) The valves shall be monitored to quent reassignment of valves to sub-
detect leaks by the method specified in groups shall be governed by the provi-
§ 63.180(b) of subpart H of this part. sions of paragraphs (e)(5)(ii) (A)
through (C) of this section.
(ii) An instrument reading of 500
(A) The owner or operator shall de-
parts per million or greater defines a
termine which valves are assigned to
leak.
each subgroup. Valves with less than 1
(4) Subsequent monitoring frequencies. year of monitoring data or valves not
After conducting the initial survey re- monitored within the last 12 months
quired in paragraph (e)(2) of this sec- must be placed initially into the most
tion, the owner or operator shall mon- frequently monitored subgroup until at
itor valves for leaks at the intervals least 1 year of monitoring data have
specified below: been obtained.
(i) For a group of processes with 2 (B) Any valve or group of valves can
percent or greater leaking valves, cal- be reassigned from a less frequently
culated according to paragraph (e)(6) of monitored subgroup to a more fre-
this section, the owner or operator quently monitored subgroup provided
shall monitor each valve once per that the valves to be reassigned were
month, except as specified in paragraph monitored during the most recent mon-
(e)(9) of this section. itoring period for the less frequently
(ii) For a group of processes with less monitored subgroup. The monitoring
than 2 percent leaking valves, the results must be included with the less
owner or operator shall monitor each frequently monitored subgroup’s moni-
valve once each quarter, except as pro- toring event and associated next per-
vided in paragraphs (e)(4)(iii) through cent leaking valves calculation for
(v) of this section. that group.
(iii) For a group of processes with (C) Any valve or group of valves can
less than 1 percent leaking valves, the be reassigned from a more frequently
owner or operator may elect to mon- monitored subgroup to a less fre-
itor each valve once every 2 quarters. quently monitored subgroup provided
(iv) For a group of processes with less that the valves to be reassigned have
than 0.5 percent leaking valves, the not leaked for the period of the less fre-
owner or operator may elect to mon- quently monitored subgroup (e.g., for
itor each valve once every 4 quarters. the last 12 months, if the valve or
(v) For a group of processes with less group of valves is to be reassigned to a
than 0.25 percent leaking valves, the subgroup being monitored annually).
477
§ 63.1363 40 CFR Ch. I (7–1–16 Edition)
Nonrepairable valves may not be reas- and the valves assigned to each sub-
signed to a less frequently monitored group.
subgroup. (vi) Semiannual reports. In addition to
(iii) The owner or operator shall de- the information required by paragraph
termine every 6 months if the overall (h)(3) of this section, the owner or oper-
performance of total valves in the ap- ator shall submit in the Periodic re-
plicable group of processes is less than ports the information specified in para-
2 percent leaking valves and so indi- graphs (e)(5)(vi)(A) and (B) of this sec-
cate the performance in the next Peri- tion.
odic report. If the overall performance (A) Valve reassignments occurring
of total valves in the applicable group during the reporting period, and
of processes is 2 percent leaking valves (B) Results of the semiannual overall
or greater, the owner or operator shall performance calculation required by
revert to the program required in para- paragraph (e)(5)(iii) of this section.
graphs (e)(2) through (4) of this section. (vii) To determine the monitoring
The overall performance of total valves frequency for each subgroup, the cal-
in the applicable group of processes culation procedures of paragraph
shall be calculated as a weighted aver- (e)(6)(iii) of this section shall be used.
age of the percent leaking valves of (viii) Except for the overall perform-
each subgroup according to Equation 4 ance calculations required by para-
of this subpart: graphs (e)(5)(i) and (iii) of this section,
each subgroup shall be treated as if it
∑ (%VL i × Vi )
n
were a process for the purposes of ap-
plying the provisions of this section.
i =1
%VLO = n
( Eq. 4) (6)(i) The owner or operator shall de-
cide no later than the implementation
∑ Vi date of this subpart or upon revision of
i =1 an operating permit how to group the
Where: processes. Once the owner or operator
%VLO = overall performance of total valves has decided, all subsequent percentage
in the applicable group of processes calculations shall be made on the same
%VLi = percent leaking valves in subgroup i, basis.
most recent value calculated according (ii) Percent leaking valves for each
to the procedures in paragraphs (e)(6)(ii) group of processes or subgroup shall be
and (iii) of this section
Vi = number of valves in subgroup i
determined using Equation 5 of this
n = number of subgroups subpart:
(iv) Records. In addition to records re- %VL = [VL / VT ] × 100 ( Eq. 5)
quired by paragraph (g) of this section,
the owner or operator shall maintain Where:
records specified in paragraphs %VL = percent leaking valves
(e)(5)(iv)(A) through (D) of this section. VL = number of valves found leaking exclud-
(A) Which valves are assigned to each ing nonrepairables as provided in para-
subgroup, graph (e)(6)(iv)(A) of this section
(B) Monitoring results and calcula- VT = total valves monitored, in a monitoring
tions made for each subgroup for each period excluding valves monitored as re-
quired by paragraph (e)(7)(iii) of this sec-
monitoring period,
tion
(C) Which valves are reassigned and
when they were reassigned, and (iii) When determining monitoring
(D) The results of the semiannual frequency for each group of processes
overall performance calculation re- or subgroup subject to monthly, quar-
quired in paragraph (e)(5)(iii) of this terly, or semiannual monitoring fre-
section. quencies, the percent leaking valves
(v) The owner or operator shall no- shall be the arithmetic average of the
tify the Administrator no later than 30 percent leaking valves from the last
days prior to the beginning of the next two monitoring periods. When deter-
monitoring period of the decision to mining monitoring frequency for each

ER23JN99.004</GPH>
subgroup valves. The notification shall group of processes or subgroup subject

identify the participating processes to annual or biennial (once every 2
478
ER23JN99.003</GPH>
years) monitoring frequencies, the per- toring may be performed to satisfy the
cent leaking valves shall be the arith- requirements of paragraph (e)(7)(iii) of
metic average of the percent leaking this section, regardless of whether the
valves from the last three monitoring timing of the monitoring period for
periods. periodic monitoring coincides with the
(iv)(A) Nonrepairable valves shall be time specified in paragraph (e)(7)(iii) of
included in the calculation of percent this section.
leaking valves the first time the valve (C) If a leak is detected by moni-
is identified as leaking and nonrepair- toring that is conducted pursuant to
able and as required to comply with paragraph (e)(7)(iii) of this section, the
paragraph (e)(6)(iv)(B) of this section. owner or operator shall follow the pro-
Otherwise, a number of nonrepairable visions of paragraphs (e)(7)(iii)(C)(1)
valves (identified and included in the and (2) of this section to determine
percent leaking calculation in a pre- whether that valve must be counted as
vious period) up to a maximum of 1 a leaking valve for purposes of para-
percent of the total number of valves graph (e)(6) of this section.
in organic HAP service at a process (1) If the owner or operator elects to
may be excluded from calculation of use periodic monitoring required by
percent leaking valves for subsequent paragraphs (e)(2) through (4) of this
monitoring periods. section to satisfy the requirements of
(B) If the number of nonrepairable paragraph (e)(7)(iii) of this section,
valves exceeds 1 percent of the total then the valve shall be counted as a
number of valves in organic HAP serv- leaking valve.
ice at a process, the number of non- (2) If the owner or operator elects to
repairable valves exceeding 1 percent of use other monitoring prior to the peri-
the total number of valves in organic odic monitoring required by para-
HAP service shall be included in the graphs (e)(2) through (4) of this section
calculation of percent leaking valves. to satisfy the requirements of para-
(7) Repair provisions. (i) When a leak graph (e)(7)(iii) of this section, then the
is detected, it shall be repaired as soon valve shall be counted as a leaking
as practicable, but no later than 15 cal- valve unless it is repaired and shown
endar days after the leak is detected, by periodic monitoring not to be leak-
except as provided in paragraph ing.
(b)(3)(i) of this section. (8) First attempts at repair include,
(ii) A first attempt at repair shall be but are not limited to, the following
made no later than 5 calendar days practices where practicable:
after each leak is detected. (i) Tightening of bonnet bolts,
(iii) When a leak is repaired, the (ii) Replacement of bonnet bolts,
valve shall be monitored at least once (iii) Tightening of packing gland
within the first 3 months after its re- nuts, and
pair. Days that the valve is not in or- (iv) Injection of lubricant into lubri-
ganic HAP service shall not be consid- cated packing.
ered part of this 3-month period. The (9) Any equipment located at a plant
monitoring required by this paragraph site with fewer than 250 valves in or-
is in addition to the monitoring re- ganic HAP service in the affected
quired to satisfy the definitions of ‘‘resource is exempt from the require-
paired’’ and ‘‘first attempt at repair.’’ ments for monthly monitoring speci-
(A) The monitoring shall be con- fied in paragraph (e)(4)(i) of this sec-
ducted as specified in § 63.180(b) and (c) tion. Instead, the owner or operator
as appropriate, to determine whether shall monitor each valve in organic
the valve has resumed leaking. HAP service for leaks once each quar-
(B) Periodic monitoring required by ter, or comply with paragraph
paragraphs (e)(2) through (4) of this (e)(4)(iii), (iv), or (v) of this section, ex-
section may be used to satisfy the re- cept as provided in paragraph (f) of this
quirements of paragraph (e)(7)(iii) of section.
this section, if the timing of the moni- (f) Unsafe to monitor, difficult-to-mon-
toring period coincides with the time itor, and inaccessible equipment. (1)
specified in paragraph (e)(7)(iii) of this Equipment that is designated as un-
section. Alternatively, other moni- safe-to-monitor, difficult-to-monitor,
479
§ 63.1363 40 CFR Ch. I (7–1–16 Edition)
or inaccessible is exempt from the re- ment is not accessible in a safe manner
quirements as specified in paragraphs when it is in organic HAP service;
(f)(1)(i) through (iv) of this section pro- (ii) At a new affected source, an
vided the owner or operator meets the owner or operator may designate no
requirements specified in paragraph more than 3 percent of valves as dif-
(f)(2), (3), or (4) of this section, as appli- ficult-to-monitor.
cable. All equipment, except connec- (iii) The owner or operator of valves,
tors that meet the requirements in agitators, or pumps designated as dif-
paragraph (f)(4) of this section, must be ficult-to-monitor must have a written
assigned to a group of processes. Ce- plan that requires monitoring of the
ramic or ceramic-lined connectors are equipment at least once per calendar
subject to the same requirements as in- year or on the periodic monitoring
accessible connectors. schedule otherwise applicable to the
(i) For pumps and agitators, para- group of processes in which the equip-
graphs (c)(2), (3), and (4) of this section ment is located, whichever is less fre-
do not apply. quent. For any part of a closed-vent
(ii) For valves, paragraphs (e)(2) system designated as difficult-to-mon-
through (7) of this section do not apply. itor, the owner or operator must have a
(iii) For connectors, § 63.174(b) written plan that requires inspection of
through (e) and paragraphs (b)(3)(iii)(C) the closed-vent system at least once
through (G) of this section do not every 5 years.
apply. (4) Inaccessible, ceramic, or ceramic-
(iv) For closed-vent systems, lined connectors. (i) A connector may be
§ 63.172(f)(1), (f)(2), and (g) do not apply. designated as inaccessible if it is:
(2) Equipment that is unsafe-to-monitor. (A) Buried;
(i) Valves, connectors, agitators, and (B) Insulated in a manner that pre-
any part of closed-vent systems may be vents access to the equipment by a
designated as unsafe-to-monitor if the monitor probe;
owner or operator determines that (C) Obstructed by equipment or pip-
monitoring personnel would be exposed ing that prevents access to the equip-
to an immediate danger as a con- ment by a monitor probe;
sequence of complying with the moni- (D) Unable to be reached from a
toring requirements identified in para- wheeled scissor-lift or hydraulic-type
graphs (f)(1)(i) through (iii) of this sec- scaffold which would allow access to
tion, or the inspection requirements equipment up to 7.6 meters above the
identified in paragraph (f)(1)(iv) of this ground; or
section. (E) Not able to be accessed at any
(ii) The owner or operator of equip- time in a safe manner to perform moni-
ment that is designated as unsafe-to- toring. Unsafe access includes, but is
monitor must have a written plan that not limited to, the use of a wheeled
requires monitoring of the equipment scissor-lift on unstable or uneven ter-
as frequently as practicable during rain, the use of a motorized man-lift
safe-to-monitor times. For valves, con- basket in areas where an ignition po-
nectors, and agitators, monitoring tential exists, or access would require
shall not be more frequent than the near proximity to hazards such as elec-
periodic monitoring schedule otherwise trical lines, or would risk damage to
applicable to the group of processes in equipment.
which the equipment is located. For (F) Would require elevating the mon-
closed-vent systems, inspections shall itoring personnel more than 2 meters
not be more frequent than annually. above a permanent support surface or
(3) Equipment that is difficult-to-mon- would require the erection of scaffold.
itor. (i) A valve, agitator, pump, or any (ii) At a new affected source, an
part of a closed-vent system may be owner or operator may designate no
designated as difficult-to-monitor if more than 3 percent of connectors as
the owner or operator determines that inaccessible.
the equipment cannot be monitored or (iii) If any inaccessible, ceramic, or
inspected without elevating the moni- ceramic-lined connector is observed by

toring personnel more than 2 meters visual, audible, olfactory, or other
above a support surface or the equip- means to be leaking, the leak shall be
480
repaired as soon as practicable, but no (C) Physical tagging of the equip-

later than 15 calendar days after the ment is not required to indicate that it
leak is detected, except as provided in is in organic HAP service. Equipment
paragraph (b)(3)(i) of this section. subject to the provisions of this section
(iv) Any connector that is inacces- may be identified on a plant site plan,
sible or that is ceramic or ceramic- in log entries, or by other appropriate
lined is exempt from the recordkeeping methods.
and reporting requirements of para- (ii)(A) A list of identification num-
graphs (g) and (h) of this section. bers for equipment that the owner or
(g) Recordkeeping requirements. (1) An operator elects to equip with a closed-
owner or operator of more than one vent system and control device, subject
group of processes subject to the provi- to the provisions of paragraphs
sions of this section may comply with (b)(4)(iv) or (c)(7) of this section or
the recordkeeping requirements for the § 63.164(h).
groups of processes in one record- (B) A list of identification numbers
keeping system if the system identifies for compressors that the owner or oper-
with each record the program being im-
ator elects to designate as operating
plemented (e.g., quarterly monitoring)
with an instrument reading of less
for each type of equipment. All records
than 500 parts per million above back-
and information required by this sec-
tion shall be maintained in a manner ground, under the provisions of
that can be readily accessed at the § 63.164(i) of subpart H of this part.
plant site. This could include phys- (iii)(A) A list of identification num-
ically locating the records at the plant bers for pressure relief devices subject
site or accessing the records from a to the provisions in paragraph (b)(4)(i)
central location by computer at the of this section.
plant site. (B) A list of identification numbers
(2) General recordkeeping. Except as for pressure relief devices equipped
provided in paragraph (g)(5) of this sec- with rupture disks, subject to the pro-
tion, the following information per- visions of paragraph (b)(4)(ii)(B) of this
taining to all equipment subject to the section.
requirements in this section shall be (iv) Identification of instrumentation
recorded: systems subject to the provisions of
(i)(A) A list of identification numbers this section. Individual components in
for equipment (except instrumentation an instrumentation system need not be
systems) subject to the requirements of identified.
this section. Connectors, except those (v) The following information shall
subject to paragraph (f) of this section, be recorded for each dual mechanical
need not be individually identified if seal system:
all connectors in a designated area or (A) Design criteria required by para-
length of pipe subject to the provisions graph (c)(5)(vi)(A) of this section and
of this section are identified as a § 63.164(e)(2) of subpart H of this part,
group, and the number of subject con- and an explanation of the design cri-
nectors is indicated. The list for each teria; and
type of equipment shall be completed
(B) Any changes to these criteria and
no later than the completion of the ini-
the reasons for the changes.
tial survey required for that compo-
nent. The list of identification numbers (vi) A list of equipment designated as
shall be updated, if needed, to incor- unsafe-to-monitor or difficult-to-mon-
porate equipment changes within 15 itor under paragraph (f) of this section
calendar days of the completion of and a copy of the plan for monitoring
each monitoring survey for the type of this equipment.
equipment component monitored. (vii) A list of connectors removed
(B) A schedule for monitoring con- from and added to the process, as de-
nectors subject to the provisions of scribed in § 63.174(i)(1) of subpart H of
§ 63.174(a) of subpart H of this part and this part, and documentation of the in-
valves subject to the provisions of tegrity of the weld for any removed
paragraph (e)(4) of this section. connectors, as required in § 63.174(j) of
481
§ 63.1363 40 CFR Ch. I (7–1–16 Edition)
subpart H of this part. This is not re- within 15 calendar days after discovery
quired unless the net credits for re- of the leak.
moved connectors is expected to be (A) The owner or operator may de-
used. velop a written procedure that identi-
(viii) For batch processes that the fies the conditions that justify a delay
owner or operator elects to monitor as of repair. The written procedures must
provided under § 63.178(c) of subpart H be maintained at the plant site. Rea-
of this part, a list of equipment added sons for delay of repair may be docu-
to batch product processes since the mented by citing the relevant sections
last monitoring period required in of the written procedure.
§ 63.178(c)(3)(ii) and (iii) of subpart H of (B) If delay of repair was caused by
this part. This list must be completed depletion of stocked parts, there must
for each type of equipment within 15 be documentation that the spare parts
calendar days of the completion of the were sufficiently stocked onsite before
each monitoring survey for the type of depletion and the reason for depletion.
equipment monitored. (vi) If repairs were delayed, dates of
(3) Records of visual inspections. For process shutdowns that occur while the
visual inspections of equipment subject equipment is unrepaired.
to the provisions of paragraphs (vii)(A) If the alternative in
(c)(2)(iii) and (c)(5)(iv) of this section, § 63.174(c)(1)(ii) of subpart H of this part
the owner or operator shall document is not in use for the monitoring period,
that the inspection was conducted and identification, either by list, location
the date of the inspection. The owner (area or grouping), or tagging of con-
or operator shall maintain records as nectors disturbed since the last moni-
specified in paragraph (g)(4) of this sec- toring period required in § 63.174(b) of
tion for leaking equipment identified subpart H of this part, as described in
in this inspection, except as provided § 63.174(c)(1) of subpart H of this part.
(B) The date and results of follow-up
in paragraph (g)(5) of this section.
monitoring as required in § 63.174(c) of
These records shall be retained for 5
subpart H of this part. If identification
years.
of disturbed connectors is made by lo-
(4) Monitoring records. When each leak
cation, then all connectors within the
is detected as specified in paragraphs
designated location shall be monitored.
(c) and (e) of this section and §§ 63.164,
(viii) The date and results of the
63.169, 63.172, and 63.174 of subpart H of
monitoring required in § 63.178(c)(3)(i)
this part, the owner or operator shall
of subpart H of this part for equipment
record the information specified in
added to a batch process since the last
paragraphs (g)(4)(i) through (ix) of this monitoring period required in
section. All records shall be retained § 63.178(c)(3)(ii) and (iii) of subpart H of
for 5 years, in accordance with the re- this part. If no leaking equipment is
quirements of § 63.10(b)(1) of subpart A found in this monitoring, the owner or
of this part. operator shall record that the inspec-
(i) The instrument and the equip- tion was performed. Records of the ac-
ment identification number and the op- tual monitoring results are not re-
erator name, initials, or identification quired.
number. (ix) Copies of the periodic reports as
(ii) The date the leak was detected specified in paragraph (h)(3) of this sec-
and the date of first attempt to repair tion, if records are not maintained on a
the leak. computerized data base capable of gen-
(iii) The date of successful repair of erating summary reports from the
the leak. records.
(iv) If postrepair monitoring is re- (5) Records of pressure tests. The owner
quired, maximum instrument reading or operator who elects to pressure test
measured by Method 21 of 40 CFR part a process equipment train and supply
60, appendix A, after it is successfully lines between storage and processing
repaired or determined to be nonrepair- areas to demonstrate compliance with
able. this section is exempt from the re-

(v) ‘‘Repair delayed’’ and the reason quirements of paragraphs (g)(2), (3), (4),
for the delay if a leak is not repaired and (6) of this section. Instead, the
482
owner or operator shall maintain sure relief device subject to the provi-
records of the following information: sions in paragraphs (b)(4)(i) and (ii) of
(i) The identification of each product, this section. The results shall include:
or product code, produced during the (i) The background level measured
calendar year. It is not necessary to during each compliance test.
identify individual items of equipment (ii) The maximum instrument read-
in the process equipment train. ing measured at each piece of equip-
(ii) Records demonstrating the pro- ment during each compliance test.
portion of the time during the calendar (7) Records for closed-vent systems. The
year the equipment is in use in the owner or operator shall maintain
process that is subject to the provi- records of the information specified in
sions of this subpart. Examples of suit-
paragraphs (g)(7)(i) through (iii) of this
able documentation are records of time
section for closed-vent systems and
in use for individual pieces of equip-
control devices subject to the provi-
ment or average time in use for the
sions of paragraph (b)(3)(ii) of this sec-
process unit. These records are not re-
tion. The records specified in para-
quired if the owner or operator does
not adjust monitoring frequency by the graph (g)(7)(i) of this section shall be
time in use, as provided in retained for the life of the equipment.
§ 63.178(c)(3)(iii) of subpart H of this The records specified in paragraphs
part. (g)(7)(ii) and (iii) of this section shall
(iii) Physical tagging of the equip- be retained for 5 years.
ment to identify that it is in organic (i) The design specifications and per-
HAP service and subject to the provi- formance demonstrations specified in
sions of this section is not required. paragraphs (g)(7)(i)(A) through (D) of
Equipment in a process subject to the this section.
provisions of this section may be iden- (A) Detailed schematics, design spec-
tified on a plant site plan, in log en- ifications of the control device, and
tries, or by other appropriate methods. piping and instrumentation diagrams.
(iv) The dates of each pressure test (B) The dates and descriptions of any
required in § 63.178(b) of subpart H of changes in the design specifications.
this part, the test pressure, and the (C) The flare design (i.e., steam as-
pressure drop observed during the test. sisted, air assisted, or nonassisted) and
(v) Records of any visible, audible, or the results of the compliance dem-
olfactory evidence of fluid loss. onstration required by § 63.11(b) of sub-
(vi) When a process equipment train part A of this part.
does not pass two consecutive pressure (D) A description of the parameter or
tests, the following information shall parameters monitored, as required in
be recorded in a log and kept for 2 paragraph (b)(3)(ii) of this section, to
years: ensure that control devices are oper-
(A) The date of each pressure test ated and maintained in conformance
and the date of each leak repair at- with their design and an explanation of
tempt.
why that parameter (or parameters)
(B) Repair methods applied in each
was selected for the monitoring.
attempt to repair the leak.
(C) The reason for the delay of repair. (ii) Records of operation of closed-
(D) The expected date for delivery of vent systems and control devices.
the replacement equipment and the ac- (A) Dates and durations when the
tual date of delivery of the replace- closed-vent systems and control de-
ment equipment. vices required in paragraph (c) of this
(E) The date of successful repair. section and §§ 63.164 through 63.166 of
(6) Records of compressor and pressure subpart H of this part are not operated
relief device compliance tests. The dates as designed as indicated by the mon-
and results of each compliance test re- itored parameters, including periods
quired for compressors subject to the when a flare pilot light system does
provisions in § 63.164(i) and the dates not have a flame.
and results of the Method 21 of 40 CFR (B) Dates and durations during which
part 60, appendix A, monitoring fol- the monitoring system or monitoring
lowing a pressure release for each pres- device is inoperative.
483
§ 63.1363 40 CFR Ch. I (7–1–16 Edition)
(C) Dates and durations of startups For pressure relief devices in organic
and shutdowns of control devices re- HAP service subject to paragraph
quired in paragraph (c) of this section (b)(4)(iii) of this section, keep records
and §§ 63.164 through 63.166 of subpart H of each pressure release to the atmos-
of this part. phere, including the following informa-
(iii) Records of inspections of closed- tion:
vent systems subject to the provisions (i) The source, nature, and cause of
of § 63.172 of subpart H of this part. the pressure release.
(A) For each inspection conducted in (ii) The date, time, and duration of
accordance with the provisions of the pressure release.
§ 63.172(f)(1) or (2) of subpart H of this (iii) The quantity of total HAP emit-
part during which no leaks were de- ted during the pressure release and the
tected, a record that the inspection calculations used for determining this
was performed, the date of the inspec- quantity.
tion, and a statement that no leaks (iv) The actions taken to prevent this
were detected. pressure release.
(B) For each inspection conducted in (v) The measures adopted to prevent
accordance with the provisions of future such pressure releases.
§ 63.172(f)(1) or (f)(2) of subpart H of this (h) Reporting Requirements. (1) Each
part during which leaks were detected, owner or operator of a source subject
the information specified in paragraph to this section shall submit the reports
(g)(4) of this section shall be recorded. listed in paragraphs (h)(1)(i) and (ii) of
(8) Records for components in heavy liq- this section.
uid service. Information, data, and anal- (i) A Notification of Compliance Sta-
ysis used to determine that a piece of tus report described in paragraph (h)(2)
equipment or process is in heavy liquid of this section, and
service shall be recorded. Such a deter- (ii) Periodic reports described in
mination shall include an analysis or paragraph (h)(3) of this section.
demonstration that the process fluids (2) Notification of compliance status re-
do not meet the criteria of ‘‘in light port. Each owner or operator of a
liquid or gas/vapor service.’’ Examples source subject to this section shall sub-
of information that could document mit the information specified in para-
this include, but are not limited to, graphs (h)(2)(i) through (iii) of this sec-
records of chemicals purchased for the tion in the Notification of Compliance
process, analyses of process stream Status report described in § 63.1368(f).
composition, engineering calculations, For pressure relief devices subject to
or process knowledge. the requirements of paragraph
(9) Records of exempt components. Iden- (b)(4)(iii) of this section, the owner or
tification, either by list, location (area operator shall submit the information
or group), or other method of equip- listed in paragraph (h)(2)(iv) of this
ment in organic HAP service less than section in the Notification of Compli-
300 hr/yr subject to the provisions of ance Status within 150 days after the
this section. first applicable compliance date for
(10) Records of alternative means of pressure relief device monitoring. Sec-
compliance determination. Owners and tion 63.9(j) of subpart A of this part
operators choosing to comply with the shall not apply to the Notification of
requirements of § 63.179 of subpart H of Compliance Status report.
this part shall maintain the following (i) The notification shall provide the
records: information listed in paragraphs
(i) Identification of the process(es) (h)(2)(i)(A) through (C) of this section
and the organic HAP they handle. for each group of processes subject to
(ii) A schematic of the process, enclo- the requirements of paragraphs (b)
sure, and closed-vent system. through (g) of this section.
(iii) A description of the system used (A) Identification of the group of
to create a negative pressure in the en- processes.
closure to ensure that all emissions are (B) Approximate number of each
routed to the control device. equipment type (e.g., valves, pumps) in

(11) Records of pressure releases to the organic HAP service, excluding equip-
atmosphere from pressure relief devices. ment in vacuum service.
484
(C) Method of compliance with the subsequent Periodic report shall cover
standard (for example, ‘‘monthly leak the 6-month period following the pre-
detection and repair’’ or ‘‘equipped ceding period.
with dual mechanical seals’’). (ii) For equipment complying with
(ii) The notification shall provide the the provisions of paragraphs (b)
information listed in paragraphs through (g) of this section, the Periodic
(h)(2)(ii)(A) and (B) of this section for report shall contain the summary in-
each process subject to the require- formation listed in paragraphs
ments of paragraph (b)(3)(iv) of this (h)(3)(ii)(A) through (L) of this section
section and § 63.178(b) of subpart H of for each monitoring period during the
this part. 6-month period.
(A) Products or product codes subject (A) The number of valves for which
to the provisions of this section, and leaks were detected as described in
(B) Planned schedule for pressure paragraph (e)(2) of this section, the per-
testing when equipment is configured
cent leakers, and the total number of
for production of products subject to
valves monitored;
the provisions of this section.
(iii) The notification shall provide (B) The number of valves for which
the information listed in paragraphs leaks were not repaired as required in
(h)(2)(iii)(A) and (B) of this section for paragraph (e)(7) of this section, identi-
each process subject to the require- fying the number of those that are de-
ments in § 63.179 of subpart H of this termined nonrepairable;
part. (C) The number of pumps and agi-
(A) Process identification. tators for which leaks were detected as
(B) A description of the system used described in paragraph (c)(2) of this
to create a negative pressure in the en- section, the percent leakers, and the
closure and the control device used to total number of pumps and agitators
comply with the requirements of para- monitored;
graph (b)(3)(ii) of this section. (D) The number of pumps and agi-
(iv) For pressure relief devices in or- tators for which leaks were not re-
ganic HAP service, a description of the paired as required in paragraph (c)(3) of
device or monitoring system to be im- this section;
plemented, including the pressure re- (E) The number of compressors for
lief devices and process parameters to which leaks were detected as described
be monitored (if applicable), a descrip- in § 63.164(f) of subpart H of this part;
tion of the alarms or other methods by (F) The number of compressors for
which operators will be notified of a which leaks were not repaired as re-
pressure release, and a description of quired in § 63.164(g) of subpart H of this
how the owner or operator will deter- part;
mine the information to be recorded (G) The number of connectors for
under paragraphs (g)(11)(ii) and (iii) of which leaks were detected as described
this section (i.e., the duration of the in § 63.174(a) of subpart H of this part,
pressure release and the methodology
the percent of connectors leaking, and
and calculations for determining of the
the total number of connectors mon-
quantity of total HAP emitted during
itored;
the pressure release).
(3) Periodic reports. The owner or op- (H) The number of connectors for
erator of a source subject to this sec- which leaks were not repaired as re-
tion shall submit Periodic reports. quired in § 63.174(d) of subpart H of this
(i) A report containing the informa- part, identifying the number of those
tion in paragraphs (h)(3)(ii) through (v) that are determined nonrepairable;
of this section shall be submitted semi- (I) The facts that explain any delay
annually. The first Periodic report of repairs and, where appropriate, why
shall be submitted no later than 240 a process shutdown was technically in-
days after the date the Notification of feasible.
Compliance Status report is due and (J) The results of all monitoring to
shall cover the 6-month period begin- show compliance with §§ 63.164(i) and
ning on the date the Notification of 63.172(f) conducted within the semi-
Compliance Status report is due. Each annual reporting period.
485
§ 63.1364 40 CFR Ch. I (7–1–16 Edition)
(K) If applicable, the initiation of a (3) The quantity of total HAP emit-
monthly monitoring program under ei- ted during the pressure release and the
ther paragraph (c)(4)(ii) or paragraph method used for determining this quan-
(e)(4)(i)(A) of this section. tity.
(L) If applicable, notification of a (4) The actions taken to prevent this
change in connector monitoring alter- pressure release.
natives as described in § 63.174(c)(1) of (5) The measures adopted to prevent
subpart H of this part. future such pressure releases.
(iii) For owners or operators electing [64 FR 33589, June 23, 1999, as amended at 67
to meet the requirements of § 63.178(b) FR 59345, Sept. 20, 2002; 79 FR 17372, Mar. 27,
of subpart H of this part, the Periodic 2014]
report shall include the information
listed in paragraphs (h)(3)(iii) (A) § 63.1364 Compliance dates.
through (E) of this section for each (a) Compliance dates for existing
process. sources. (1) An owner or operator of an
(A) Product process equipment train existing affected source must comply
identification; with the provisions in this subpart (ex-
(B) The number of pressure tests con- cept § 63.1363(b)(4)(iii)) by December 23,
ducted; 2003. Compliance with the pressure re-
(C) The number of pressure tests lief device monitoring provisions of
where the equipment train failed either § 63.1363(b)(4)(iii) shall occur no later
the retest or two consecutive pressure than March 27, 2017.
tests; (2) Pursuant to section 112(i)(3)(B) of
(D) The facts that explain any delay the CAA, an owner or operator of an
of repairs; and existing source may request an exten-
(E) The results of all monitoring to sion of up to 1 additional year to com-
determine compliance with § 63.172(f) of ply with the provisions of this subpart
subpart H of this part. if the additional time is needed for the
(iv) Any change in the information installation of controls.
submitted under paragraph (h)(2) of (i) For purposes of this subpart, a re-
this section shall be provided in the quest for an extension shall be sub-
next Periodic report. mitted no later than 120 days prior to
(v) For pressure relief devices in or- the compliance date specified in para-
ganic HAP service, Periodic Reports graph (a)(1) of this section, except as
must include the information specified provided in paragraph (a)(2)(ii) of this
in paragraphs (h)(3)(v)(A) through (C) section. The dates specified in § 63.6(i)
of this section. of subpart A of this part for submittal
(A) For pressure relief devices in or- of requests for extensions shall not
ganic HAP service subject to paragraph apply to sources subject to this sub-
(b)(4) of this section, report confirma- part.
tion that all monitoring to show com- (ii) An owner or operator may submit
pliance was conducted within the re- a compliance extension request after
porting period. the date specified in paragraph (a)(1)(i)
(B) For pressure relief devices in or- of this section provided the need for
ganic HAP gas or vapor service subject the compliance extension arose after
to paragraph (b)(4)(ii) of this section, that date and before the otherwise ap-
report any instrument reading of 500 plicable compliance date, and the need
ppm above background or greater, arose due to circumstances beyond rea-
more than 5 calendar days after the sonable control of the owner or oper-
pressure release. ator. This request shall include the
(C) For pressure relief devices in or- data described in § 63.6(i)(8)(A), (B), and
ganic HAP service subject to paragraph (D) of subpart A of this part.
(b)(4)(iii) of this section, report each (b) Compliance dates for new and re-
pressure release to the atmosphere, in- constructed sources. An owner or oper-
cluding the following information: ator of a new or reconstructed affected
(1) The source, nature, and cause of source must comply with the provi-
the pressure release. sions of this subpart (except

(2) The date, time, and duration of § 63.1363(b)(4)(iii)) on June 23, 1999 or
the pressure release. upon startup, whichever is later. New
486
or reconstructed affected sources that the only inlet to the control device, the
commenced construction after Novem- efficiency demonstration also must
ber 10, 1997, but on or before January 9, consider all other vapors, gases, and
2012, must be in compliance with the liquids, other than fuels, received by
pressure relief device monitoring provi- the control device.
sions of § 63.1363(b)(4)(iii) no later than (i) For an enclosed combustion device
March 27, 2017. New or reconstructed used to comply with the provisions of
sources that commenced construction § 63.1362(b)(2)(iv), (b)(4)(ii), (c)(2)(iv)(B),
after January 9, 2012, must be in com- or (c)(3) with a minimum residence
pliance with the pressure relief device time of 0.5 seconds and a minimum
monitoring provisions of temperature of 760 °C, the design eval-
§ 63.1363(b)(4)(iii) upon initial startup or uation must document that these con-
by March 27, 2014, whichever is later. ditions exist.
[64 FR 33589, June 23, 1999, as amended at 67 (ii) For a combustion control device
FR 13511, Mar. 22, 2002; 67 FR 38203, June 3, that does not satisfy the criteria in
2002; 79 FR 17374, Mar. 27, 2014] paragraph (a)(1)(i) of this section, the
design evaluation must document con-
§ 63.1365 Test methods and initial com- trol efficiency and address the fol-
pliance procedures. lowing characteristics, depending on
(a) General. Except as specified in the type of control device:
paragraph (a)(4) of this section, the (A) For a thermal vapor incinerator,
procedures specified in paragraphs (c), the design evaluation must consider
(d), (e), (f), and (g) of this section are the autoignition temperature of the or-
required to demonstrate initial compli- ganic HAP, must consider the vent
ance with § 63.1362(b), (c), (d), (f), and stream flow rate, and must establish
(g), respectively. The provisions in the design minimum and average tem-
paragraph (a)(1) of this section apply to perature in the combustion zone and
design evaluations that are used to the combustion zone residence time.
demonstrate compliance with the (B) For a catalytic vapor incinerator,
standards for process vents and storage the design evaluation must consider
vessels. The provisions in paragraph the vent stream flow rate and must es-
(a)(2) of this section apply to perform- tablish the design minimum and aver-
ance tests that are specified in para- age temperatures across the catalyst
graphs (c), (d), and (e) of this section. bed inlet and outlet.
The provisions in paragraph (a)(3) of (C) For a boiler or process heater, the
this section describe initial compliance design evaluation must consider the
procedures for flares. The provisions in vent stream flow rate, must establish
paragraph (a)(5) of this section are used the design minimum and average flame
to demonstrate initial compliance with zone temperatures and combustion
the alternative standards specified in zone residence time, and must describe
§ 63.1362(b)(6) and (c)(4). The provisions the method and location where the
in paragraph (a)(6) of this section are vent stream is introduced into the
used to comply with the outlet con- flame zone.
centration requirements specified in (iii) For a condenser, the design eval-
§ 63.1362(b)(2)(iv)(A), (b)(3)(ii), uation must consider the vent stream
(b)(4)(ii)(A), (b)(5)(ii), and (b)(5)(iii). flow rate, relative humidity, and tem-
(1) Design evaluation. To demonstrate perature, and must establish the max-
that a control device meets the re- imum temperature of the condenser ex-
quired control efficiency, a design eval- haust vent stream and the cor-
uation must address the composition responding outlet organic HAP com-
and HAP concentration of the vent pound concentration level or emission
stream entering the control device. A rate for which the required reduction is
design evaluation also must address achieved.
other vent stream characteristics and (iv) For a carbon adsorption system
control device operating parameters as that regenerates the carbon bed di-
specified in any one of paragraphs rectly onsite in the control device such
(a)(1)(i) through (vii) of this section, as a fixed-bed adsorber, the design

depending on the type of control device evaluation must consider the vent
that is used. If the vent stream is not stream flow rate, relative humidity,
487
§ 63.1365 40 CFR Ch. I (7–1–16 Edition)
and temperature, and must establish tion is the sum of the concentrations of
the design exhaust vent stream organic the individual components. If compli-
compound concentration level, adsorp- ance is being determined based on TOC,
tion cycle time, number of carbon beds the owner or operator shall compute
and their capacities, type and working TOC for each run using Equation 6 of
capacity of activated carbon used for this subpart. If compliance is being de-
the carbon beds, design total regenera- termined based on total organic HAP,
tion stream mass or volumetric flow the owner or operator shall compute
over the period of each complete car- total organic HAP using Equation 6 of
bon bed regeneration cycle, design car- this subpart, except that only organic
bon bed temperature after regenera- HAP compounds shall be summed;
tion, design carbon bed regeneration
when determining compliance with the
time, and design service life of carbon.
wastewater provisions of § 63.1362(d),
For vacuum desorption, the pressure
drop must be included. the organic HAP compounds shall con-
(v) For a carbon adsorption system sist of the organic HAP compounds in
that does not regenerate the carbon Table 9 of subpart G of this part.
bed directly onsite in the control de-
1 m⎛ n ⎞
∑ ∑
vice such as a carbon canister, the de-
sign evaluation must consider the vent CG T = ⎜ CGSi, j ⎟ ( Eq. 6)
stream mass or volumetric flow rate, m j=1 ⎝ i =1 ⎠
relative humidity, and temperature, Where:
and must establish the design exhaust
CGT = total concentration of TOC or organic
vent stream organic compound con- HAP in vented gas stream, average of
centration level, capacity of the carbon samples, dry basis, ppmv
bed, type and working capacity of acti- CGSi, j = concentration of sample compo-
vated carbon used for the carbon bed, nents in vented gas stream for sample j,
and design carbon replacement interval dry basis, ppmv
based on the total carbon working ca- n = number of compounds in the sample
pacity of the control device and source m = number of samples in the sample run.
operating schedule.
(vi) For a scrubber, the design eval- (3) Initial compliance using flares.
uation must consider the vent stream When a flare is used to comply with the
composition, constituent concentra- standards, the owner or operator shall
tions, liquid-to-vapor ratio, scrubbing comply with the provisions in § 63.11(b)
liquid flow rate and concentration, of subpart A of this part.
temperature, and the reaction kinetics (i) The initial compliance determina-
of the constituents with the scrubbing tion shall consist of a visible emissions
liquid. The design evaluation must es- determination using Method 22 of 40
tablish the design exhaust vent stream CFR part 60, appendix A, as described
organic compound concentration level in § 63.11(b)(4) of subpart A of this part,
and must include the additional infor- and a determination of net heating
mation in paragraphs (a)(1)(vi)(A) and value of gas being combusted and exit
(B) of this section for trays and a velocity to comply with the require-
packed column scrubber. ments of § 63.11(b)(6) through (8) of sub-
(A) Type and total number of theo- part A of this part. The net heating
retical and actual trays; value and exit velocity shall be based
(B) Type and total surface area of
on the results of performance testing
packing for entire column, and for in-
under the conditions described in para-
dividual packed sections if column con-
graphs (b)(10) and (11) of this section.
tains more than one packed section.
(vii) For fabric filters, the design (ii) An owner or operator is not re-
evaluation must include the pressure quired to conduct a performance test
drop through the device and the net to determine percent emission reduc-
gas-to-cloth ratio (i.e., cubic feet of gas tion or outlet organic HAP or TOC con-
per square feet of cloth). centration when a flare is used.
(2) Calculation of TOC or total organic (4) Exemptions from compliance dem-
HAP concentration. The TOC concentra- onstrations. An owner or operator using
tion or total organic HAP concentra-
488
ER20SE02.024</MATH>
any control device specified in para- 63.1363 will be demonstrated, the owner
graphs (a)(4)(i) through (ii) of this sec- or operator must correct the outlet
tion is exempt from the initial compli- concentration as specified in para-
ance provisions in paragraphs (c), (d), graphs (a)(7)(i) and (ii) of this section.
and (e) of this section. (i) Combustion device. Except as speci-
(i) A boiler or process heater with a fied in § 63.1366(b)(5)(ii)(A), if the vent
design heat input capacity of 44 stream is controlled with a combustion
megawatts or greater. device, the owner or operator must
(ii) A boiler or process heater into comply with the provisions in para-
which the emission stream is intro- graphs (a)(7)(i)(A) through (C) of this
duced with the primary fuel. section.
(5) Initial compliance with alternative (A) To comply with a TOC or total
standard. Initial compliance with the organic HAP outlet concentration
alternative standards in § 63.1362(b)(6) standard in § 63.1362(b)(2)(iv)(A),
and (c)(4) for combustion devices is (b)(4)(ii)(A), (b)(6), (c)(2)(iv)(B), (c)(4),
demonstrated when the outlet TOC (d)(13), or § 63.172, the actual TOC out-
concentration is 20 ppmv or less, and let concentration must be corrected to
the outlet HCl and chlorine concentra- 3 percent oxygen.
tion is 20 ppmv or less. Initial compli- (B) If the inlet stream to the combus-
ance with the alternative standards in tion device contains any HCl, chlorine,
§ 63.1362(b)(6) and (c)(4) for noncombus- or halogenated compounds, and the
tion devices is demonstrated when the owner or operator elects to comply
outlet TOC concentration is 50 ppmv or with a total HCl and chlorine outlet
less, and the outlet HCl and chlorine concentration standard in
concentration is 50 ppmv or less. To § 63.1362(b)(3)(ii), (b)(5)(ii), (b)(5)(iii),
demonstrate initial compliance, the (b)(6), or (c)(4), the actual total HCl and
owner or operator shall be in compli- chlorine outlet concentration must be
ance with the monitoring provisions in corrected to 3 percent oxygen.
§ 63.1366(b)(5) on the initial compliance (C) The integrated sampling and
date. The owner or operator shall use analysis procedures of Method 3B of 40
Method 18 to determine the predomi- CFR part 60, appendix A, shall be used
nant organic HAP in the emission to determine the actual oxygen con-
stream if the TOC monitor is cali- centration (%O2d). The samples shall be
brated on the predominant HAP. taken during the same time that the
(6) Initial compliance with the 20 ppmv TOC, total organic HAP, and total HCl
outlet limit. Initial compliance with the and chlorine samples are taken. The
20 ppmv TOC or total organic HAP con- concentration corrected to 3 percent
centration is demonstrated when the oxygen (Cd) shall be computed using
outlet TOC or total organic HAP con- Equation 7 of this subpart:
centration is 20 ppmv or less. Initial
compliance with the 20 ppmv HCl and ⎛ 17.9 ⎞
chlorine concentration is demonstrated Cc = Cm ⎜ ⎟ ( Eq. 7)
when the outlet HCl and chlorine con- ⎝ 20.9 − %O 2 d ⎠
centration is 20 ppmv or less. To dem- Where:
onstrate initial compliance, the oper-
Cc = concentration of TOC, total organic
ator shall use applicable test methods HAP, or total HCl and chlorine corrected
described in paragraphs (b)(1) through to 3 percent oxygen, dry basis, ppmv
(9) of this section, and test under con- Cm = total concentration of TOC, total or-
ditions described in paragraph (b)(10) or ganic HAP, or total HCl and chlorine in
(11) of this section, as applicable. The the vented gas stream, average of sam-
owner or operator shall comply with ples, dry basis, ppmv
the monitoring provisions in %O2d = concentration of oxygen measured in
§ 63.1366(b)(1) through (5) on the initial vented gas stream, dry basis, percent by
volume.
compliance date.
(7) Outlet concentration correction for (ii) Noncombustion devices. If a control
supplemental gases. If supplemental device other than a combustion device,
gases are added to a vent stream for and not in series with a combustion de-
which compliance with an outlet con- vice, is used to comply with a TOC,
centration standard in § 63.1362 or total organic HAP, or total HCl and
489
ER20SE02.025</MATH>
§ 63.1365 40 CFR Ch. I (7–1–16 Edition)
chlorine outlet concentration standard, (4) Method 4 of appendix A of 40 CFR

the owner or operator must correct the part 60 shall be used for stack gas
actual concentration for supplemental moisture.
gases using Equation 8 of this subpart. (5) Concentration measurements
shall be adjusted to negate the dilution
⎛ V + Va ⎞ effects of introducing nonaffected gas-
Ca = C m ⎜ s ⎟ ( Eq. 8) eous streams into the vent streams
⎝ Va ⎠ prior to control or measurement. The
following methods are specified for
Where:
concentration measurements of or-
Ca = corrected outlet TOC, total organic ganic compounds:
HAP, or total HCl and chlorine con- (i) Method 18 of appendix A of 40 CFR
centration, dry basis, ppmv
part 60 may be used to determine HAP
Cm = actual TOC, total organic HAP, or total
concentration in any control device ef-
HCl and chlorine concentration measured
at control device outlet, dry basis, ppmv ficiency determination.
Va = total volumetric flow rate of affected (ii) Method 25 of appendix A of 40
streams vented to the control device CFR part 60 may be used to determine
Vs = total volumetric flow rate of supple- total gaseous nonmethane organic con-
mental gases. centration for control efficiency deter-
minations in combustion devices.
(b) Test methods and conditions. When (iii) Method 25A of appendix A of 40
testing is conducted to measure emis- CFR part 60 may be used to determine
sions from an affected source, the test the HAP or TOC concentration for con-
methods specified in paragraphs (b)(1) trol device efficiency determinations
through (9) of this section shall be under the conditions specified in Meth-
used. Compliance and performance od 25 of appendix A of 40 CFR part 60
tests shall be performed under such for direct measurement of an effluent
conditions as the Administrator speci- with a flame ionization detector, or in
fies to the owner or operator based on demonstrating compliance with the 20
representative performance of the af- ppmv TOC outlet standard. If Method
fected source for the period being test- 25A of appendix A of 40 CFR part 60 is
ed and as specified in paragraphs (b)(10) used to determine the concentration of
and (11) of this section. Representative TOC for the 20 ppmv standard, the in-
conditions exclude periods of startup strument shall be calibrated on meth-
and shutdown unless specified by the ane or the predominant HAP. If cali-
Administrator or an applicable sub- brating on the predominant HAP, the
part. The owner or operator may not use of Method 25A of appendix A of 40
conduct performance tests during peri- CFR part 60 shall comply with para-
ods of malfunction. The owner or oper- graphs (b)(5)(i)(A) through (C) of this
ator must record the process informa- section.
tion that is necessary to document op- (A) The organic HAP used as the cali-
erating conditions during the test and bration gas for Method 25A, 40 CFR
part 60, appendix A, shall be the single
include in such record an explanation
organic HAP representing the largest
to support that such conditions rep-
percent by volume.
resent normal operation. Upon request,
(B) The use of Method 25A, 40 CFR
the owner or operator shall make
part 60, appendix A, is acceptable if the
available to the Administrator such response from the high level calibra-
records as may be necessary to deter- tion gas is at least 20 times the stand-
mine the conditions of performance ard deviation of the response from the
tests. zero calibration gas when the instru-
(1) Method 1 or 1A of appendix A of 40 ment is zeroed on the most sensitive
CFR part 60 shall be used for sample scale.
and velocity traverses. (C) The span value of the analyzer
(2) Method 2, 2A, 2C, or 2D of appen- must be less than 100 ppmv.
dix A of 40 CFR part 60 shall be used for (6) The methods in either paragraph
velocity and volumetric flow rates. (b)(6)(i) or (ii) of this section shall be
(3) Method 3 of appendix A of 40 CFR used to determine the concentration,
part 60 shall be used for gas analysis. in mg/dscm, of total HCl and chlorine.
490
ER20SE02.026</MATH>
Concentration measurements shall be ing the sample collection, storage, and

adjusted to negate the dilution effects preparation steps.
of introducing nonaffected gaseous (B) Documentation of specific quality
streams into the vent streams prior to assurance procedures followed during
control or measurement. sampling, sample preparation, sample
(i) Method 26 or 26A of 40 CFR part 60, introduction, and analysis.
appendix A. (C) Measurement of the average accu-
(ii) Any other method if the method racy and precision of the specific pro-
or data have been validated according cedures, including field duplicates and
to the applicable procedures of Method field spiking of the material source be-
301 of appendix A of this part. fore or during sampling with com-
(7) Method 5 of appendix A of 40 CFR pounds having similar chemical char-
part 60 shall be used to determine the acteristics to the target analytes.
concentration of particulate matter in (9) Method 22 of appendix A of 40 CFR
exhaust gas streams from bag dumps part 60 shall be used to determine visi-
and product dryers. ble emissions from flares.
(10) Testing conditions for continuous
(8) Wastewater analysis shall be con-
processes. Testing of process vents on
ducted in accordance with
equipment operating as part of a con-
§ 63.144(b)(5)(i) through (iii) or as speci-
tinuous process shall consist of three
fied in paragraph (b)(8)(i) or (ii) of this
one-hour runs. Gas stream volumetric
section.
flow rates shall be measured every 15
(i) As an alternative to the methods minutes during each 1-hour run. Or-
specified in § 63.144(b)(5)(i), an owner or ganic HAP concentration shall be de-
operator may conduct wastewater termined from samples collected in an
analyses using Method 1666 or 1671 of 40 integrated sample over the duration of
CFR part 136, appendix A, and comply each one-hour test run, or from grab
with the sampling protocol require- samples collected simultaneously with
ments specified in § 63.144(b)(5)(ii). The the flow rate measurements (every 15
validation requirements specified in minutes). If an integrated sample is
§ 63.144(b)(5)(iii) do not apply if an collected for laboratory analysis, the
owner or operator uses Method 1666 or sampling rate shall be adjusted propor-
1671 of 40 CFR part 136, appendix A. tionally to reflect variations in flow
(ii) As an alternative to the methods rate. For continuous gas streams, the
specified in § 63.144(b)(5)(i), an owner or emission rate used to determine com-
operator may use procedures specified pliance shall be the average emission
in Method 8260 or 8270 in ‘‘Test Methods rate of the three test runs.
for Evaluating Solid Waste, Physical/ (11) Testing conditions for batch proc-
Chemical Methods,’’ EPA Publication esses. Testing of emissions on equip-
N

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CFR 2016 Title40 Vol13

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Title 40

Revised as of July 1, 2016

Containing a codification of documents

Published by the Office of the Federal Register

Legal Status and Use of Seals and Logos

Use of ISBN Prefix

U.S. GOVERNMENT PUBLISHING OFFICE

U.S. Superintendent of Documents • Washington, DC 20402–0001

Phone: toll-free (866) 512-1800; DC area (202) 512-1800

Chapter I—Environmental Protection Agency (Continued) ............ 3

Table of CFR Titles and Chapters ....................................................... 699

Alphabetical List of Agencies Appearing in the CFR ......................... 719

List of CFR Sections Affected ............................................................. 729

To cite the regulations in

Title 40—PROTECTION OF ENVIRONMENT is composed of thirty-seven volumes.

Chapter I—Environmental Protection Agency appears in all thirty-seven vol-

CHAPTER I—Environmental Protection Agency (Continued) 63

EDITORIAL NOTE: Nomenclature changes to chapter I appear at 65 FR 47324, 47325, Aug. 2,

SUBCHAPTER C—AIR PROGRAMS (CONTINUED)

PART 63—NATIONAL EMISSION EMISSIONS STANDARDS AND OPERATING LIMITS

MONITORING AND COMPLIANCE PROVISIONS Subpart GGG—National Emission

63.1214 Implementation and enforcement. TABLE 4 TO SUBPART GGG OF PART 63—MONI-

63.1295–63.1296 [Reserved] mine compliance.

63.1342 Standards: General.

furans. production of lightweight aggregate

relation to its length (i.e., length to term demonstration of an innovative

(2) Where the operations are under § 63.1202 [Reserved]

toring system), dry basis, corrected to

(ii) Hydrocarbons in excess of 10 parts rected to 7 percent oxygen, and re-

rolling average (monitored continu- of this section.

continuous emissions monitoring sys- Qsdk = volumetric flowrate of kiln effluent

dibenzofurans. You must use the equa- standards on a time-weighted average

ply with the mercury, semivolatile time.

must conduct performance testing on flowrate limits established under para-

plan submitted under § 63.1207(e). The dscm corrected to 7 percent oxygen; or

(1) For dioxins and furans: as provided in paragraph (c)(2) of this

limit under paragraph (c)(8)(ii)(A) of graphs (a)(1)(ii)(B)(2) and (a)(1)(ii)(B)(3)

(B) For a standard in the subpart is consistent with the requirements of

for the purposes of pretesting or com- hydrocarbon standard. An acceptable

hourly rolling average hydrocarbon graph (b)(7)(ii)(B) of this section, if you

(9) Alternative standards for existing or paragraph (b)(9)(i)(A) of this section

on the intended disapproval to submit itored by a CEMS or COMS or oper-

feed cutoff requirements continue to under paragraph (c)(2)(v)(B)(1) of this

(4) Although the automatic waste quirements of paragraph (c)(3) of this

(vi) To maintain control room oper- (B) A particulate matter detection

corrective measures and notification air baghouses, and positive pressure

leak detector shall be installed down- (iv) Excessive exceedances notification.

system probe, or otherwise repairing rameter limits under § 63.1209(m)(1)(iv)

of your determination of whether mul- (B) Revising set-points established with

of the comprehensive performance test centration that exceeds the PM emis-

(vii) PMDS corrective measures require- rective action is required, then no

dioxin/furan comprehensive perform- (A) Was initiated after 54 months

that a time extension is warranted must submit to the Administrator a

‘‘waiver’’ would be implemented as an quests for the initial comprehensive

assist the Administrator in making lutants that would reasonably not be

be used, sampling and monitoring fre- achieved steady-state operations under

(xii) Documentation justifying the 63.1209(k)(2)(i).

erating parameter limits you establish (v) A detailed description of sampling

the system, the equipment to be used, carbon injection or a carbon bed is

(2) Confirmatory performance test. If with the mercury, semivolatile metals,

Where: Fluorides from Mineral Calcining Ex-

part 63 of this chapter, or ASTM D od to determine feedstream concentra-

supplementary information that you the feed concentration standard under