Professional Documents
Culture Documents
Protection of Environment
Part 63 (§§ 63.1200 to 63.1439)
As of July 1, 2021
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U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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Table of Contents
Page
Explanation ................................................................................................ v
Title 40:
Finding Aids:
iii
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Cite this Code: CFR
iv
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Explanation
The Code of Federal Regulations is a codification of the general and permanent
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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
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The Federal Register Index is issued monthly in cumulative form. This index
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OLIVER A. POTTS,
Director,
Office of the Federal Register
July 1, 2021
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vii
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THIS TITLE
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.
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ix
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Title 40—Protection of
Environment
(This book contains part 63, §§ 63.1200 to 63.1439)
Part
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CHAPTER I—ENVIRONMENTAL PROTECTION
AGENCY (CONTINUED)
Part Page
63 National emission standards for hazardous air pol-
lutants for source categories (Continued) ............ 5
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SUBCHAPTER C—AIR PROGRAMS (CONTINUED)
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Pt. 63 40 CFR Ch. I (7–1–21 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-
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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 TABLE 2 TO SUBPART LLL OF PART 63—1989
1 STORAGE VESSELS AT NEW AFFECTED TOXIC EQUIVALENCY FACTORS (TEFS)
SOURCES PRODUCING THE LISTED THERMO-
PLASTICS Subpart MMM—National Emission Stand-
TABLE 6 TO SUBPART JJJ OF PART 63—KNOWN ards for Hazardous Air Pollutants for
ORGANIC HAP EMITTED FROM THE PRO- Pesticide Active Ingredient Production
DUCTION OF THERMOPLASTIC PRODUCTS
TABLE 7 TO SUBPART JJJ OF PART 63—GROUP 63.1360 Applicability.
1 BATCH PROCESS VENTS AND AGGREGATE 63.1361 Definitions.
BATCH VENT STREAMS—MONITORING, REC- 63.1362 Standards.
ORDKEEPING, AND REPORTING REQUIRE- 63.1363 Standards for equipment leaks.
MENTS 63.1364 Compliance dates.
TABLE 8 TO SUBPART JJJ OF PART 63—OPER- 63.1365 Test methods and initial compliance
ATING PARAMETERS FOR WHICH LEVELS procedures.
ARE REQUIRED TO BE ESTABLISHED FOR 63.1366 Monitoring and inspection require-
CONTINUOUS AND BATCH PROCESS VENTS ments.
AND AGGREGATE BATCH VENT STREAMS 63.1367 Recordkeeping requirements.
TABLE 9 TO SUBPART JJJ OF PART 63—ROU- 63.1368 Reporting requirements.
TINE REPORTS REQUIRED BY THIS SUBPART 63.1369 Implementation and enforcement.
TABLE 1 TO SUBPART MMM OF PART 63—GEN-
Subpart KKK [Reserved] ERAL PROVISIONS APPLICABILITY TO SUB-
PART MMM.
Subpart LLL—National Emission Standards TABLE 2 TO SUBPART MMM OF PART 63—
for Hazardous Air Pollutants From the STANDARDS FOR NEW AND EXISTING PAI
Portland Cement Manufacturing Indus- SOURCES.
TABLE 3 TO SUBPART MMM OF PART 63—MON-
try
ITORING REQUIREMENTS FOR CONTROL DE-
GENERAL VICES.
TABLE 4 TO SUBPART MMM OF PART 63—CON-
63.1340 What parts of my plant does this TROL REQUIREMENTS FOR ITEMS OF EQUIP-
subpart cover? MENT THAT MEET THE CRITERIA OF
63.1341 Definitions. § 63.1362(k).
EMISSION STANDARDS AND OPERATING LIMITS Subpart NNN—National Emission Standards
63.1342 Standards: General. for Hazardous Air Pollutants for Wool
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Pt. 63 40 CFR Ch. I (7–1–21 Edition)
63.1381 Definitions. TABLE 3 TO SUBPART OOO OF PART 63—BATCH
63.1382 Emission standards. PROCESS VENT MONITORING REQUIRE-
63.1383 Monitoring requirements. MENTS
63.1384 Performance test requirements. TABLE 4 TO SUBPART OOO OF PART 63—OPER-
63.1385 Test methods and procedures. ATING PARAMETER LEVELS
63.1386 Notification, recordkeeping, and re- TABLE 5 TO SUBPART OOO OF PART 63—RE-
porting requirements. PORTS REQUIRED BY THIS SUBPART
63.1387 Compliance dates. TABLE 6 TO SUBPART OOO OF PART 63—COEF-
63.1388 Implementation and enforcement. FICIENTS FOR TOTAL RESOURCE EFFEC-
63.1389 Startups and shutdowns. TIVENESS
63.1390–63.1399 [Reserved]
TABLE 1 TO SUBPART NNN OF PART 63—APPLI- Subpart PPP—National Emission Standards
CABILITY OF GENERAL PROVISIONS (40 CFR for Hazardous Air Pollutant Emissions
PART 63, SUBPART A) TO SUBPART NNN. for Polyether Polyols Production
TABLE 2 TO SUBPART NNN OF PART 63—EMIS-
SIONS LIMITS AND COMPLIANCE DATES 63.1420 Applicability and designation of af-
APPENDIX A TO SUBPART NNN OF PART 63— fected sources.
METHOD FOR THE DETERMINATION OF LOI 63.1421 Implementation and enforcement.
APPENDIX B TO SUBPART NNN OF PART 63— 63.1422 Compliance dates and relationship of
FREE FORMALDEHYDE ANALYSIS OF INSULA- this rule to existing applicable rules.
TION RESINS BY HYDROXYLAMINE HYDRO-
63.1423 Definitions.
CHLORIDE
63.1424 Emission standards.
APPENDIX C TO SUBPART NNN OF PART 63— 63.1425 Process vent control requirements.
63.1426 Process vent requirements for deter-
METHOD FOR THE DETERMINATION OF PROD-
mining organic HAP concentration, con-
UCT DENSITY
trol efficiency, and aggregated organic
HAP emission reduction for a PMPU.
Subpart OOO—National Emission Stand-
63.1427 Process vent requirements for proc-
ards for Hazardous Air Pollutant Emis- esses using extended cookout as an epox-
sions: Manufacture of Amino/Phenolic ide emission reduction technique.
Resins 63.1428 Process vent requirements for group
determination of PMPUs using a non-
63.1400 Applicability and designation of af- epoxide organic HAP to make or modify
fected sources. the product.
63.1401 Compliance schedule. 63.1429 Process vent monitoring require-
63.1402 Definitions. ments.
63.1403 Emission standards. 63.1430 Process vent reporting and record-
63.1404 Storage vessel provisions. keeping requirements.
63.1405 Continuous process vent provisions. 63.1431 Process vent annual epoxides emis-
63.1406 Reactor batch process vent provi- sion factor plan requirements.
sions. 63.1432 Storage vessel provisions.
63.1407 Non-reactor batch process vent pro- 63.1433 Wastewater provisions.
visions. 63.1434 Equipment leak provisions.
63.1408 Aggregate batch vent stream provi- 63.1435 Heat exchanger provisions.
sions. 63.1436 [Reserved]
63.1409 Heat exchange system provisions. 63.1437 Additional requirements for per-
63.1410 Equipment leak provisions. formance testing.
63.1411 [Reserved] 63.1438 Parameter monitoring levels and ex-
63.1412 Continuous process vent applica- cursions.
bility assessment procedures and meth- 63.1439 General recordkeeping and reporting
ods. provisions.
63.1413 Compliance demonstration proce- TABLE 1 TO SUBPART PPP OF PART 63—APPLI-
dures. CABILITY OF GENERAL PROVISIONS TO SUB-
63.1414 Test methods and emission esti- PART PPP AFFECTED SOURCES
mation equations. TABLE 2 TO SUBPART PPP OF PART 63—APPLI-
63.1415 Monitoring requirements. 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-
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ORGANIC HAZARDOUS AIR POLLUTANTS ESS VENTS FROM BATCH UNIT OPER-
(HAP) FROM THE MANUFACTURE OF AMINO/ ATIONS—MONITORING, RECORDKEEPING,
PHENOLIC RESINS AND REPORTING REQUIREMENTS
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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,
waste lightweight aggregate kilns, haz-
AND REPORTING REQUIREMENTS
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).
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§ 63.1201 40 CFR Ch. I (7–1–21 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
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Existing source means any affected used in commerce, and that burns haz-
source that is not a new source. ardous waste at any time.
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Environmental Protection Agency § 63.1201
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
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§ 63.1202 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1203
ously with a continuous emissions (ii) You must specify one or more
monitoring system), dry basis, cor- POHCs that are representative of the
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§ 63.1204 40 CFR Ch. I (7–1–21 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
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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
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Environmental Protection Agency § 63.1204
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§ 63.1204 40 CFR Ch. I (7–1–21 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-
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Environmental Protection Agency § 63.1204
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§ 63.1205 40 CFR Ch. I (7–1–21 Edition)
performance test plan must include, at (ii) Rapid quench of the combustion
a minimum, information describing the gas temperature at the exit of the
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Environmental Protection Agency § 63.1205
(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 pro- per 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
kpayne on VMOFRWIN702 with $$_JOB
(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
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§ 63.1206 40 CFR Ch. I (7–1–21 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-
kpayne on VMOFRWIN702 with $$_JOB
two significant figures. Although you quately detect bag leaks, in lieu of the
must perform intermediate calcula- requirement for the higher detection
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Environmental Protection Agency § 63.1206
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.
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§ 63.1206 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1206
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
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§ 63.1206 40 CFR Ch. I (7–1–21 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-
kpayne on VMOFRWIN702 with $$_JOB
opacity standards) do not apply while sible after correlation testing is com-
you conduct particulate matter CEMS pleted.
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Environmental Protection Agency § 63.1206
low volatility metal alternative stand- ardous waste burning lightweight ag-
ard petitions that you submit under gregate kilns is defined as:
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§ 63.1206 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
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Environmental Protection Agency § 63.1206
(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-
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§ 63.1206 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
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;
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Environmental Protection Agency § 63.1206
(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
kpayne on VMOFRWIN702 with $$_JOB
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.
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§ 63.1206 40 CFR Ch. I (7–1–21 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-
kpayne on VMOFRWIN702 with $$_JOB
the operating requirements in this sec- ministrator will specify how much
tion and § 63.1209 time you will have after being notified
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Environmental Protection Agency § 63.1206
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§ 63.1206 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1206
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.
kpayne on VMOFRWIN702 with $$_JOB
tive pressure are maintained as is rea- (i) You must establish training pro-
sonably feasible. grams for all categories of personnel
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§ 63.1206 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
ance date, control room operators must as reference material following comple-
achieve full certification; tion of the course.
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Environmental Protection Agency § 63.1206
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§ 63.1206 40 CFR Ch. I (7–1–21 Edition)
the bag leak detection system; or that are linked to the automatic waste
(6) Shutting down the combustor. feed cutoff system under paragraph
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Environmental Protection Agency § 63.1206
(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
kpayne on VMOFRWIN702 with $$_JOB
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§ 63.1206 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
ever is greater. For reference method the regulatory authority, in the con-
data that were obtained from runs dur- tinuous monitoring system test plan,
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Environmental Protection Agency § 63.1206
that document compliance with the sion standard is not by itself evidence
PM emission standard. that the standard has been exceeded.
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§ 63.1207 40 CFR Ch. I (7–1–21 Edition)
(C) If inspection of the emission con- most likely to reflect daily maximum
trol device demonstrates that no cor- operating variability, similar to a
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Environmental Protection Agency § 63.1207
of this subpart provided that the pre- tion. The date of commencement of the
vious testing: initial comprehensive performance test
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§ 63.1207 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
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Environmental Protection Agency § 63.1207
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
kpayne on VMOFRWIN702 with $$_JOB
extension of time to conduct the per- performance test, you must submit
formance test at a later date. your Documentation of Compliance to
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§ 63.1207 40 CFR Ch. I (7–1–21 Edition)
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
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Environmental Protection Agency § 63.1207
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§ 63.1207 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1207
ance tests; and the dioxin/furan and librium, you must sample and analyze
mercury performance tests if activated the recycled particulate matter hourly
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§ 63.1207 40 CFR Ch. I (7–1–21 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.
kpayne on VMOFRWIN702 with $$_JOB
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
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Environmental Protection Agency § 63.1207
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 com- prehensive 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-
kpayne on VMOFRWIN702 with $$_JOB
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
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§ 63.1207 40 CFR Ch. I (7–1–21 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 re- quirements. 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,
kpayne on VMOFRWIN702 with $$_JOB
you determine (based on CEM record- low volatile metals, or hydrogen chlo-
ings, results of analyses of stack sam- ride/chlorine gas emission standards
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Environmental Protection Agency § 63.1207
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,
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§ 63.1208 40 CFR Ch. I (7–1–21 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 stand- ards. 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,
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Environmental Protection Agency § 63.1208
(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 ⎦
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>
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§ 63.1209 40 CFR Ch. I (7–1–21 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 re- test while the affected source is oper-
quirements under § 63.8(c)(3). The re- ating at the highest load or capacity
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Environmental Protection Agency § 63.1209
(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
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ter, the one-minute average must be sources that come into compliance on
recorded as 500 ppmv. The one-minute the regulatory compliance date.
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§ 63.1209 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
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
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Environmental Protection Agency § 63.1209
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
kpayne on VMOFRWIN702 with $$_JOB
ating record. The plan must specify at chlorine in the following feedstreams
a minimum: to document compliance with the
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§ 63.1209 40 CFR Ch. I (7–1–21 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-
kpayne on VMOFRWIN702 with $$_JOB
eter monitoring requirements to docu- ceipt of the original request and within
ment compliance with the emission 60 calendar days after receipt of any
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Environmental Protection Agency § 63.1209
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
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§ 63.1209 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
particulate matter control device. (i) For the average of the maximum hourly
sources other than a lightweight aggre- rolling averages for each run.
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Environmental Protection Agency § 63.1209
(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-
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§ 63.1209 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
(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
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Environmental Protection Agency § 63.1209
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
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§ 63.1209 40 CFR Ch. I (7–1–21 Edition)
(l)(1)(iv)(C) of this section, when com- the Administrator. The review will
plying with the hazardous waste consider in particular whether:
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Environmental Protection Agency § 63.1209
(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
kpayne on VMOFRWIN702 with $$_JOB
levels during the performance test, you under § 63.1206(c)(9) of this chapter for
must either: process control, you must ensure that
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§ 63.1209 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1209
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
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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.
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§ 63.1209 40 CFR Ch. I (7–1–21 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
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erage feedrate each hour with this 60- lieu of establishing feedrate limits as
minute feedrate measurement. specified in paragraphs (n)(2)(ii)
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Environmental Protection Agency § 63.1209
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
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its on operations during the com- that you document in the site-specific
prehensive performance test, unless the test plan as an appropriate surrogate
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§ 63.1209 40 CFR Ch. I (7–1–21 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.
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a limit on minimum carrier fluid (gas (i) The otherwise applicable require-
or liquid) flowrate or nozzle pressure ments promulgated under sections 112
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Environmental Protection Agency § 63.1210
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:
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§ 63.1210 40 CFR Ch. I (7–1–21 Edition)
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.
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Environmental Protection Agency § 63.1210
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
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§ 63.1211 40 CFR Ch. I (7–1–21 Edition)
public to discuss the anticipated ac- (iii) A brief description of the source
tivities described in the draft NIC for and proposed operations, including the
achieving compliance with the emis- address or a map (e.g., a sketched or
sion standards of this subpart. You copied street map) of the source loca-
must post a sign-in sheet or otherwise tion;
provide a voluntary opportunity for (iv) A statement encouraging people
attendees to provide their names and to contact the source at least 72 hours
addresses. before the meeting if they need special
(2) You must submit a summary of access to participate in the meeting;
the meeting, along with the list of
(v) A statement describing how the
attendees and their addresses devel-
draft NIC (and final NIC, if requested)
oped under paragraph (b)(1) of this sec-
tion, and copies of any written com- can be obtained; and
ments or materials submitted at the (vi) The name, address, and telephone
meeting, to the Administrator as part number of a contact person for the
of the final NIC, in accordance with NIC.
paragraph (b)(1)(iii) of this section; (5) The requirements of this para-
(3) You must provide public notice of graph do not apply to sources that in-
the NIC meeting at least 30 days prior tend to cease burning hazardous waste
to the meeting and you must maintain, prior to or on the compliance date.
and provide to the Administrator upon (d) Notification of compliance. (1) The
request, documentation of the notice. Notification of Compliance status re-
You must provide public notice in all quirements of § 63.9(h) apply, except
of the following forms: that:
(i) Newspaper advertisement. You must (i) The notification is a Notification
publish a notice in a newspaper of gen- of Compliance, rather than compliance
eral circulation in the county or equiv- status;
alent jurisdiction of your facility. In
(ii) The notification is required for
addition, you must publish the notice
the initial comprehensive performance
in newspapers of general circulation in
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
(iv) Notice to the facility mailing list. are no longer applicable.
You must provide a copy of the notice
(3) The Notification of Compliance
to the facility mailing list in accord-
requirements of § 63.1207(j) also apply.
ance with § 124.10(c)(1)(ix) of this chap-
ter. [64 FR 53038, Sept. 30, 1999, as amended at 64
(4) You must include all of the fol- FR 63211, Nov. 19, 1999; 65 FR 42301, July 10,
lowing in the notices required under 2000; 66 FR 24272, May 14, 2001; 67 FR 6992,
paragraph (c)(3) of this section: Feb. 14, 2002; 70 FR 59552, Oct. 12, 2005; 73 FR
(i) The date, time, and location of the 18982, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008]
meeting;
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(ii) A brief description of the purpose § 63.1211 What are the recordkeeping
of the meeting; and reporting requirements?
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Environmental Protection Agency § 63.1211
(a) Summary of reporting requirements. You must submit the following reports to
the Administrator:
Reference Report
(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.
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§ 63.1212 40 CFR Ch. I (7–1–21 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:
[64 FR 53038, Sept. 30, 1999, as amended at 64
(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
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Environmental Protection Agency § 63.1213
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-
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§ 63.1214 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1215
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§ 63.1215 40 CFR Ch. I (7–1–21 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
limit on total chlorine and chloride
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Environmental Protection Agency § 63.1215
(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;
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§ 63.1215 40 CFR Ch. I (7–1–21 Edition)
1996: 600 parts per million by volume, determined under paragraph (c)(3) of
combined emissions, expressed as chlo- this section; or
ride (Cl(¥)) equivalent, dry basis and (B) The annual average HCl-equiva-
corrected to 7 percent oxygen; lent emission rate for each on-site haz-
(vi) For lightweight aggregate kilns ardous waste combustor is below the
that are new or reconstructed sources annual average HCl-equivalent emis-
after April 19, 1996: 600 parts per mil- sion rate limit you calculate based on
lion by volume, combined emissions, a site-specific compliance demonstra-
expressed as chloride (Cl(¥)) equivalent, tion under paragraph (c)(4) of this sec-
dry basis and corrected to 7 percent ox- tion.
ygen.
(3) Look-up table analysis. Look-up ta-
(c) Eligibility demonstration—(1) Gen- bles for the eligibility demonstration
eral. (i) You must perform an eligibility are provided as Tables 1 and 2 to this
demonstration to determine whether
section.
the total chlorine emission rates you
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 (ii) Table 2 presents annual average
eligibility demonstration whether each HCl-equivalent emission rate limits for
combustor may exceed the 1-hour HCl- sources located in simple elevated ter-
equivalent emission rate limit absent rain. For purposes of this analysis,
an hourly rolling average limit on the simple elevated terrain is terrain that
feedrate of total chlorine and chloride, rises to a level exceeding one half the
as provided by paragraph (d) of this stack height, but that does not exceed
section. the stack height, within a distance of
(2) Definition of eligibility. (i) Eligi- 50 stack heights.
bility for the risk-based total chlorine (iii) To determine the annual average
standard is determined by comparing HCl-equivalent emission rate limit for
the annual average HCl-equivalent a source from the look-up table, you
emission rate for the total chlorine must use the stack height and stack di-
emission rate you select for each com- ameter for your hazardous waste com-
bustor to the annual average HCl- bustors and the distance between the
equivalent emission rate limit.
stack and the property boundary.
(ii) The annual average HCl-equiva-
(iv) If any of these values for stack
lent emission rate limit ensures that
height, stack diameter, and distance to
the Hazard Index for chronic exposure
nearest property boundary do not
from HCl and chlorine emissions from
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-
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Environmental Protection Agency § 63.1215
n
HC1-Equivalent Emission Rate Limit Adjusted i
∑i =1 HCI-Equivalent Emission Rate Limit Tablei
≤ 1.0
and where people congregate for work, (2) 1-hour average HCl-equivalent emis-
school, or recreation; sion rate limit. You must establish the
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§ 63.1215 40 CFR Ch. I (7–1–21 Edition)
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
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§ 63.1215 40 CFR Ch. I (7–1–21 Edition)
ance alternative by the compliance after April 12, 2007, or a solid fuel boiler
date. or liquid fuel boiler that is an area
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Environmental Protection Agency § 63.1215
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 re- ference 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-
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hour average HCl-equivalent emission plying with the MACT standard for
rate limit. total chlorine under § 63.1209(o), except
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§ 63.1215 40 CFR Ch. I (7–1–21 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-
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Environmental Protection Agency § 63.1215
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.
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§ 63.1215 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1215
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§ 63.1215 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1216
[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:
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§ 63.1216 40 CFR Ch. I (7–1–21 Edition)
mium combined, except for an area Win = mass feedrate of one POHC in a waste
source as defined under § 63.2, emissions feedstream; and
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Environmental Protection Agency § 63.1216
Wout = mass emission rate of the same POHC (i) You must not discharge or cause
present in exhaust emissions prior to re- combustion gases to be emitted into
lease to the atmosphere.
the atmosphere that contain cadmium,
(2) 99.9999% DRE. If you burn the lead, and selenium in excess of 180 μgm/
dioxin-listed hazardous wastes F020, dscm, combined emissions, corrected to
F021, F022, F023, F026, or F027 (see 7 percent oxygen; and,
§ 261.31 of this chapter), you must (ii) You must not discharge or cause
achieve a DRE of 99.9999% for each combustion gases to be emitted into
POHC that you designate under para- the atmosphere that contain antimony,
graph (c)(3) of this section. You must arsenic, beryllium, chromium, cobalt,
demonstrate this DRE performance on manganese, and nickel in excess of 380
POHCs that are more difficult to incin- μgm/dscm, combined emissions, cor-
erate than tetra-, penta-, and rected to 7 percent oxygen.
hexachlorodibenzo-p-dioxins and
(3) Alternative metal emission con-
dibenzofurans. You must use the equa-
tion in paragraph (c)(1) of this section trol requirements for new solid fuel
to calculate DRE for each POHC. In ad- boilers. (i) You must not discharge or
dition, you must notify the Adminis- cause combustion gases to be emitted
trator of your intent to incinerate haz- into the atmosphere that contain cad-
ardous wastes F020, F021, F022, F023, mium, lead, and selenium in excess of
F026, or F027. 180 μgm/dscm, combined emissions, cor-
(3) Principal organic hazardous con- rected to 7 percent oxygen; and,
stituents (POHCs). (i) You must treat (ii) You must not discharge or cause
the POHCs in the waste feed that you combustion gases to be emitted into
specify under paragraph (c)(3)(ii) of the atmosphere that contain antimony,
this section to the extent required by arsenic, beryllium, chromium, cobalt,
paragraphs (c)(1) and (c)(2) of this sec- manganese, and nickel in excess of 190
tion. μgm/dscm, combined emissions, cor-
(ii) You must specify one or more rected to 7 percent oxygen.
POHCs that are representative of the (4) Operating limits. Semivolatile and
most difficult to destroy organic com- low volatile metal operating parameter
pounds in your hazardous waste limits must be established to ensure
feedstream. You must base this speci- compliance with the alternative emis-
fication on the degree of difficulty of sion limitations described in para-
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-
sults of hazardous waste analyses or apply to lead, cadmium, and selenium,
other data and information. combined, and low volatile metal
(d) Significant figures. The emission feedrate limits apply to arsenic, beryl-
limits provided by paragraphs (a) and lium, chromium, antimony, cobalt,
(b) of this section are presented with manganese, and nickel, combined.
two significant figures. Although you (f) Elective standards for area sources.
must perform intermediate calcula- Area sources as defined under § 63.2 are
tions using at least three significant subject to the standards for cadmium
figures, you may round the resultant and lead, the standards for arsenic, be-
emission levels to two significant fig- ryllium, and chromium, the standards
ures to document compliance. for hydrogen chloride and chlorine, and
(e) Alternative to the particulate matter the standards for particulate matter
standard—(1) General. In lieu of com- under this section if they elect under
plying with the particulate matter § 266.100(b)(3) of this chapter to comply
standards of this section, you may with those standards in lieu of the
elect to comply with the following al- standards under 40 CFR 266.105, 266.106,
ternative metal emission control re- and 266.107 to control those pollutants.
quirement:
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(2) Alternative metal emission control [70 FR 59565, Oct. 12, 2005]
requirements for existing solid fuel boilers.
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§ 63.1217 40 CFR Ch. I (7–1–21 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-
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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:
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Environmental Protection Agency § 63.1217
(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
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§ 63.1217 40 CFR Ch. I (7–1–21 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%
ternative metal emission control re-
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
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dition, you must notify the Adminis- with a heating value of 10,000 Btu/lb or
trator of your intent to incinerate haz- greater:
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Environmental Protection Agency § 63.1218
(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
kpayne on VMOFRWIN702 with $$_JOB
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
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§ 63.1218 40 CFR Ch. I (7–1–21 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
kpayne on VMOFRWIN702 with $$_JOB
(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
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Environmental Protection Agency § 63.1219
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
kpayne on VMOFRWIN702 with $$_JOB
101
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§ 63.1219 40 CFR Ch. I (7–1–21 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
μgm/dscm, combined emissions, cor-
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
kpayne on VMOFRWIN702 with $$_JOB
102
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Environmental Protection Agency § 63.1219
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-
ternative metal emission control re-
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.
kpayne on VMOFRWIN702 with $$_JOB
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
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§ 63.1220 40 CFR Ch. I (7–1–21 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
μgm/dscm, combined emissions, cor-
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
(monitored continuously with a contin-
§ 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
(monitored continuously with a contin-
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-
kpayne on VMOFRWIN702 with $$_JOB
(MTEC) in excess of 120 μg/dscm; pass duct or midkiln gas sampling sys-
(3) For cadmium and lead, both: tem, either:
104
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Environmental Protection Agency § 63.1220
105
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§ 63.1220 40 CFR Ch. I (7–1–21 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 re- present 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 destruc- tion 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
kpayne on VMOFRWIN702 with $$_JOB
itored continuously with a continuous paragraphs (c)(1) and (c)(2) of this sec-
monitoring system), dry basis, cor- tion.
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Environmental Protection Agency § 63.1220
(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
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§ 63.1221 40 CFR Ch. I (7–1–21 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:
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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
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Environmental Protection Agency § 63.1221
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
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Pt. 63, Subpt. EEE, App. 40 CFR Ch. I (7–1–21 Edition)
[67 FR 6994, Feb. 14, 2002, as amended at 85 FR 73897, Nov. 19, 2020]
APPENDIX TO SUBPART EEE OF PART rent with certain reference method (RM)
63—QUALITY ASSURANCE PROCE- analyses as specified in the applicable RM’s.
DURES FOR CONTINUOUS EMISSIONS
b. Because the control and corrective ac-
tion function encompasses a variety of poli-
MONITORS USED FOR HAZARDOUS cies, specifications, standards, and correc-
WASTE COMBUSTORS tive measures, this procedure treats QC re-
quirements in general terms to allow each
1. Applicability and Principle source owner or operator to develop a QC
1.1 Applicability. These quality assurance system that is most effective and efficient
requirements are used to evaluate the effec- for the circumstances.
tiveness of quality control (QC) and quality
2. Definitions
assurance (QA) procedures and the quality of
data produced by continuous emission moni- 2.1 Continuous Emission Monitoring System
toring systems (CEMS) that are used for de- (CEMS). The total equipment required for
termining compliance with the emission the determination of a pollutant concentra-
standards on a continuous basis as specified tion. The system consists of the following
in the applicable regulation. The QA proce- major subsystems:
dures specified by these requirements rep- 2.1.1 Sample Interface. That portion of the
resent the minimum requirements necessary CEMS used for one or more of the following:
for the control and assessment of the quality sample acquisition, sample transport, and
of CEMS data used to demonstrate compli- sample conditioning, or protection of the
ance with the emission standards provided monitor from the effects of the stack efflu-
under this subpart EEE of part 63. Owners ent.
and operators must meet these minimum re- 2.1.2 Pollutant Analyzer. That portion of
quirements and are encouraged to develop the CEMS that senses the pollutant con-
and implement a more extensive QA pro- centration and generates a proportional out-
gram. These requirements supersede those put.
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
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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.
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Environmental Protection Agency Pt. 63, Subpt. EEE, App.
2.5 Calibration Standard. Calibration 1. QA responsibilities (including maintain-
standards produce a known and unchanging ing records, preparing reports, reviewing re-
response when presented to the pollutant an- ports).
alyzer portion of the CEMS, and are used to 2. Schedules for the daily checks, periodic
calibrate the drift or response of the ana- audits, and preventive maintenance.
lyzer. 3. Check lists and data sheets.
2.6 Relative Accuracy Test Audit (RATA). 4. Preventive maintenance procedures.
Comparison of CEMS measurements to ref- 5. Description of the media, format, and lo-
erence method measurements in order to cation of all records and reports.
evaluate relative accuracy following proce- 6. Provisions for a review of the CEMS data
dures and specification given in the appro- at least once a year. Based on the results of
priate performance specification. the review, the owner or operator must re-
2.7 Absolute Calibration Audit (ACA). vise or update the QA plan, if necessary.
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
standards to challenge the CEMS and assess 4.1 CD and ZD Requirement. Owners and
accuracy. operators must check, record, and quantify
2.8 Rolling Average. The average emis- the ZD and the CD at least once daily (ap-
sions, based on some (specified) time period, proximately 24 hours) in accordance with the
calculated every minute from a one-minute method prescribed by the manufacturer. The
average of four measurements taken at 15- CEMS calibration must, at a minimum, be
second intervals. adjusted whenever the daily ZD or CD ex-
ceeds the limits in the Performance Speci-
3. QA/QC Requirements fications. If, on any given ZD and/or CD
3.1 QC Requirements. a. Each owner or check the ZD and/or CD exceed(s) two times
operator must develop and implement a QC the limits in the Performance Specifications,
program. At a minimum, each QC program or if the cumulative adjustment to the ZD
must include written procedures describing and/or CD (see Section 4.2) exceed(s) three
in detail complete, step-by-step procedures times the limits in the Performance Speci-
and operations for the following activities. fications, hazardous waste burning must im-
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
written procedures must be revised or the 5. Performance Evaluation for CO, O2, and HC
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
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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.
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Pt. 63, Subpt. EEE, App. 40 CFR Ch. I (7–1–21 Edition)
When a performance test is also required CEMS must be operational while the indi-
under § 63.1207 to document compliance with vidual CEMS is being calibrated.
emission standards, the RATA must coincide 6.3 Span of the CEMS.
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
span value must be documented by the
6.1 Performance Specifications. CEMS used
CEMS manufacturer with laboratory data.
by owners and operators of HWCs must com-
6.4.1 Moisture Correction. Method 4 of ap-
ply with the following performance specifica-
pendix A, part 60 of this chapter, must be
tions in appendix B to part 60 of this chapter:
used to determine moisture content of the
stack gasses.
TABLE I: PERFORMANCE SPECIFICATIONS FOR 6.4.2 Oxygen Correction Factor. Measured
CEMS pollutant levels must be corrected for the
amount of oxygen in the stack according to
Per-
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;
Pm = measured concentration of the pollut-
6.2 Downtime due to Calibration. Facilities
ant, dry basis;
may continue to burn hazardous waste for a
E = volume fraction of oxygen in the com-
maximum of 20 minutes while calibrating
bustion air fed into the device, on a dry
the CEMS. If all CEMS are calibrated at
basis (normally 21 percent or 0.21 if only
once, the facility must have twenty minutes
air is fed);
to calibrate all the CEMS. If CEMS are cali-
Y = measured fraction of oxygen on a dry
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Environmental Protection Agency § 63.1250
within an hour for reasons such as facility
OCF = 14/( E − Y) downtime or CEMS calibration. If at least
6.4.3 Temperature Correction. Correction two measurements (30 minutes of data) are
values for temperature are obtainable from available, an hourly average must be cal-
standard reference materials. culated. The n-hour rolling average is cal-
6.5 Rolling Average. A rolling average is culated by averaging the n most recent hour-
the arithmetic average of all one-minute ly averages.
averages over the averaging period. 6.6 Units of the Standards for the Pur-
6.5.1 One-Minute Average for CO and HHC poses of Recording and Reporting Emissions.
CEMS. One-minute averages are the arith- Emissions must be recorded and reported ex-
metic average of the four most recent 15-sec- pressed after correcting for oxygen, tempera-
ond observations and must be calculated ture, and moisture. Emissions must be re-
using the following equation: ported in metric, but may also be reported in
the English system of units, at 7 percent ox-
4 ygen, 20 °C, and on a dry basis.
ci
c=∑ 6.7 Rounding and Significant Figures.
Emissions must be rounded to two signifi-
i =1 4 cant figures using ASTM procedure E–29–90
Where: or its successor. Rounding must be avoided
c̄ = the one minute average prior to rounding for the reported value.
ci = a fifteen-second observation from the
CEM 7. Bibliography
Fifteen second observations must not be 1. 40 CFR part 60, appendix F, ‘‘Quality As-
rounded or smoothed. Fifteen-second obser- surance Procedures: Procedure 1. Quality As-
vations may be disregarded only as a result surance Requirements for Gas continuous
of a failure in the CEMS and allowed in the Emission Monitoring Systems Used For
source’s quality assurance plan at the time Compliance Determination’’.
of the CEMS failure. One-minute averages [64 FR 53038, Sept. 30, 1999, as amended at 65
must not be rounded, smoothed, or dis- FR 42301, July 10, 2000]
regarded.
6.5.2 Ten Minute Rolling Average Equa-
tion. The ten minute rolling average must be Subpart FFF [Reserved]
calculated using the following equation:
than CO and THC. The averaging period for (ii) Are located at a plant site that is
CEMS other than CO and THC CEMS must a major source as defined in section
be calculated as a rolling average of all one- 112(a) of the Act; and
hour values over the averaging period. An
hourly average is comprised of 4 measure- (iii) Process, use, or produce HAP.
(2) Determination of the applicability
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§ 63.1250 40 CFR Ch. I (7–1–21 Edition)
as otherwise specified by the permit- tank (i.e., said PMPU or process unit
ting authority. has the predominant use of the storage
(b) New source applicability. A new af- tank).
fected source subject to this subpart (3) If predominant use cannot be de-
and to which the requirements for new termined for a storage tank that is
sources apply is: An affected source for shared among process units (including
which construction or reconstruction at least one PMPU), then the owner or
commenced after April 2, 1997, and the operator shall assign the storage tank
standard was applicable at the time of to any one of the PMPU’s that shares
construction or reconstruction; or a it and is also subject to this subpart.
pharmaceutical manufacturing process (4) If the predominant use of a stor-
unit (PMPU) dedicated to manufac- age tank varies from year to year, then
turing a single product that has the po- predominant use shall be determined
tential to emit 10 tons per year of any based on the utilization that occurred
one HAP or 25 tons per year of com- during the year preceding September
bined HAP for which construction com- 21, 1998 for existing affected sources.
menced after April 2, 1997 or recon- For new affected sources, predominant
struction commenced after October 21, use will be based on the first year after
1999. initial startup. The determination of
(c) General provisions. Table 1 of this predominant use shall be reported in
subpart specifies and clarifies the pro- the Notification of Compliance Status
visions of subpart A of this part that required by § 63.1260(f). If the predomi-
apply to an owner or operator of an af- nant use changes, the redetermination
fected source subject to this subpart. of predominant use shall be reported in
The provisions of subpart A specified in the next Periodic report.
Table 1 are the only provisions of sub-
(5) If the storage tank begins receiv-
part A that apply to an affected source
ing material from (or sending material
subject to this subpart.
to) another PMPU, or ceases to receive
(d) Processes exempted from the affected
material from (or send material to) a
source. The provisions of this subpart
PMPU, or if the applicability of this
do not apply to research and develop-
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- change in the use of the storage tank
termine to which PMPU a storage tank that could reasonably change the pre-
shall belong. If an owner or operator dominant use, the owner or operator
produces only pharmaceutical prod- shall reevaluate the applicability of
ucts, the procedures specified in para- this subpart to the storage tank and re-
graphs (e)(1) through (5) of this section port such changes to EPA in the next
are required only to determine applica- Periodic report.
bility and demonstrate compliance (f) Compliance dates. The compliance
with the pollution-prevention alter- dates for affected sources are as fol-
native specified in § 63.1252(e), or to de- lows:
termine new source applicability for a (1) An owner or operator of an exist-
PMPU dedicated to manufacturing a ing affected source must comply with
single product as specified in paragraph the provisions of this subpart no later
(b) of this section. than October 21, 2002.
(1) If a storage tank is dedicated to a (2) An owner or operator of a new or
single PMPU, the storage tank shall reconstructed affected source must
belong to that PMPU. comply with the provisions of this sub-
(2) If a storage tank is shared among part on August 29, 2000 or upon startup,
process units (including at least one whichever is later.
PMPU), then the storage tank shall be- (3) Notwithstanding the requirements
long to the process unit located on the of paragraph (f)(2) of this section, a
same plant site as the storage tank new source which commences construc-
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that has the greatest annual volume tion or reconstruction after April 2,
input into or output from the storage 1997 and before September 21, 1998 shall
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Environmental Protection Agency § 63.1250
not be required to comply with this (ii) An owner or operator may submit
subpart until September 21, 2001 if: a compliance extension request after
(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
not be required to comply with this this subpart shall not apply during pe-
subpart until October 21, 2002 if: riods of nonoperation of the PMPU (or
(i) The requirements of this subpart specific portion thereof) in which the
are more stringent than the require- lines are drained and depressurized re-
ments of this subpart in effect before sulting in the cessation of the emis-
August 29, 2000; and sions to which § 63.1255 of this subpart
(ii) The owner or operator complies applies.
with the requirements of this subpart (2) The owner or operator shall not
in effect before August 29, 2000 during shut down items of equipment that are
the period between startup and October required or utilized for compliance
21, 2002. with the emissions limitations of this
(5) Notwithstanding the requirements subpart during times when emissions
of paragraph (f)(2) of this section, a (or, where applicable, wastewater
new source which commences construc- streams or residuals) are being routed
tion or reconstruction after April 10, to such items of equipment, if the shut-
2000 and before August 29, 2000 shall not down would contravene emissions limi-
be required to comply with this sub- tations of this subpart applicable to
part until August 29, 2001 if: such items of equipment. This para-
(i) The requirements of this subpart graph does not apply if the owner or
are more stringent than the require- operator must shut down the equip-
ments published on April 10, 2000 (65 FR ment to avoid damage to a PMPU or
19152); and portion thereof.
(ii) The owner or operator complies (3) At all times, each owner or oper-
with the requirements of this subpart
ator must operate and maintain any af-
in effect before August 29, 2000 during
fected source subject to the require-
the period between startup and August
ments of this subpart, including associ-
29, 2001.
(6) Pursuant to section 112(i)(3)(B) of ated air pollution control equipment
the Act, an owner or operator may re- and monitoring equipment, in a man-
quest an extension allowing the exist- ner consistent with safety and good air
ing source up to 1 additional year to pollution control practices for mini-
comply with section 112(d) standards. mizing emissions. The general duty to
(i) For purposes of this subpart, a re- minimize emissions does not require
quest for an extension shall be sub- the owner or operator to make any fur-
mitted no later than 120 days prior to ther efforts to reduce emissions if lev-
the compliance dates specified in para- els required by this standard have been
graphs (f) (1) through (5) of this sec- achieved. Determination of whether
tion, except as provided in paragraph such operation and maintenance proce-
(f)(6)(ii) of this section. The dates spec- dures are being used will be based on
ified in § 63.6(i) for submittal of re- information available to the Adminis-
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quests for extensions shall not apply to trator which may include, but is not
sources subject to this subpart. limited to, monitoring results, review
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§ 63.1250 40 CFR Ch. I (7–1–21 Edition)
emissions on ambient air quality, the (1) Compliance with other MACT stand-
environment, and human health; ards. (i) After the compliance dates
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Environmental Protection Agency § 63.1250
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§ 63.1251 40 CFR Ch. I (7–1–21 Edition)
§ 63.1425 (b), (c)(1), (c)(3), (d), and/or (f). Affirmative defense means, in the con-
For any pharmaceutical manufacturing text of an enforcement proceeding, a
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Environmental Protection Agency § 63.1251
response or a defense put forward by a sibly other emission episodes that may
defendant, regarding which the defend- occur from the vessel or other process
ant has the burden of proof, and the equipment, depending on process oper-
merits of which are independently and ations.
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 sels, a small reactor and associated
in the wastewater provisions in product separator, recovery and hold-
§ 63.1256, means the total mass of par- ing equipment. These processes are
tially soluble and/or soluble HAP com- only capable of producing small quan-
pounds in a wastewater stream during tities of product.
the calendar year divided by the total Block means a time period that com-
mass of the wastewater stream dis- prises a single batch.
charged during the same calendar year, Boiler means any enclosed combus-
as determined according to the proce- tion device that extracts useful energy
dures specified in § 63.1257(e)(1) (i) and in the form of steam and is not an in-
(ii). cinerator. Boiler also means any indus-
Automated monitoring and recording trial furnace as defined in 40 CFR
system means any means of measuring 260.10.
values of monitored parameters and Centralized combustion control device
creating a hard copy or computer (CCCD) means enclosed combustion de-
record of the measured values that vices that are used to control process
does not require manual reading of vent emissions from non-dedicated
monitoring instruments and manual PMPU’s at a facility. Centralized com-
transcription of data values. Auto- bustion control devices may also be
mated monitoring and recording sys- used to control emissions from source
tems include, but are not limited to, types including, but not limited to,
computerized systems and strip charts. storage tanks, waste management
Batch emission episode means a dis- units, and equipment leaks.
crete venting episode that may be asso- Cleaning operation means routine
ciated with a single unit operation. A rinsing, washing, or boil-off of equip-
unit operation may have more than ment in batch operations between
one batch emission episode. For exam- batches.
ple, a displacement of vapor resulting Closed biological treatment process
from the charging of a vessel with HAP means a tank or surface impoundment
will result in a discrete emission epi- where biological treatment occurs and
sode that will last through the dura- air emissions from the treatment proc-
tion of the charge and will have an av- ess are routed to either a control de-
erage flowrate equal to the rate of the vice by means of a closed-vent system
charge. If the vessel is then heated, or by means of hard-piping. The tank
there will also be another discrete or surface impoundment has a fixed
emission episode resulting from the ex- roof, as defined in this section, or a
pulsion of expanded vapor. Both emis- floating flexible membrane cover that
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sion episodes may occur in the same meets the requirements specified in
vessel or unit operation. There are pos- § 63.1256(c).
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Environmental Protection Agency § 63.1251
ery system to either aid the processing Halogen atoms mean atoms of chlo-
of the drug delivery system during its rine or fluorine.
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§ 63.1251 40 CFR Ch. I (7–1–21 Edition)
contacts a fluid (liquid or gas) that is systems for the purposes of this sub-
at least 5 percent by weight of total or- part. Valves greater than nominally 0.5
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Environmental Protection Agency § 63.1251
inches and connectors greater than umn traps, draining of pumps into an
nominally 0.75 inches associated with individual drain system, and draining
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
storage tank or waste management (1) In accordance with methods de-
unit and the floating roof. The seal is scribed in Chapter 19.2 of the American
mounted continuously around the tank Petroleum Institute’s Manual of Petro-
or unit. leum Measurement Standards, Evapo-
Liquids dripping means any visible rative Loss From Floating-Roof Tanks
leakage from the seal including drip- (incorporated by reference as specified
ping, spraying, misting, clouding, and in § 63.14); or
ice formation. Indications of liquid (2) As obtained from standard ref-
dripping include puddling or new stains erence texts; or
that are indicative of an existing evap- (3) As determined by the American
orated drip. Society for Testing and Materials
Maintenance wastewater means waste- Method D2879–97, Test Method for
water generated by the draining of Vapor Pressure-Temperature Relation-
process fluid from components in the ship and Initial Decomposition Tem-
pharmaceutical manufacturing process perature of Liquids by Isoteniscope (in-
unit into an individual drain system in corporated by reference as specified in
preparation for or during maintenance § 63.14); or
activities. Maintenance wastewater (4) Any other method approved by
can be generated during planned and the Administrator.
unplanned shutdowns and during peri- Metallic shoe seal or mechanical shoe
ods not associated with a shutdown. seal means metal sheets that are held
Examples of activities that can gen- vertically against the wall of the stor-
erate maintenance wastewater include age tank by springs, weighted levers,
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§ 63.1251 40 CFR Ch. I (7–1–21 Edition)
means. A flexible coated fabric (enve- Partially soluble HAP means a HAP
lope) spans the annular space between listed in Table 2 of this subpart.
the metal sheet and the floating roof. Pharmaceutical manufacturing oper-
Nondedicated formulation operations ations means the facilitywide collec-
means equipment used to formulate tion of PMPU and any other equipment
numerous products. such as heat exchanger systems, waste-
Nondedicated recovery device(s) means water and waste management units, or
a recovery device that receives mate- cooling towers that are not associated
rial from more than one PMPU. with an individual PMPU, but that are
Nonrepairable means that it is tech- located at a facility for the purpose of
nically infeasible to repair a piece of manufacturing pharmaceutical prod-
equipment from which a leak has been ucts and are under common control.
detected without a process shutdown. Pharmaceutical manufacturing process
Open biological treatment process unit (PMPU) means the process, as de-
means a biological treatment process fined in this subpart, and any associ-
that is not a closed biological treat- ated storage tanks, equipment identi-
ment process as defined in this section. fied in § 63.1252(f), and components such
Open-ended valve or line means any as pumps, compressors, agitators, pres-
valve, except pressure relief valves, sure relief devices, sampling connec-
having one side of the valve seat in tion systems, open-ended valves or
contact with process fluid and one side lines, valves, connectors, and instru-
open to atmosphere, either directly or mentation systems that are used in the
through open piping. manufacturing of a pharmaceutical
Operating scenario for the purposes of product.
reporting and recordkeeping, means Pharmaceutical product means any of
any specific operation of a PMPU and the following materials, excluding any
includes for each process: 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-
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this definition, shall constitute a new cludes properties that are owned,
operating scenario. leased, or operated by the same entity,
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Environmental Protection Agency § 63.1251
parent entity, subsidiary, or any com- in a contiguous area within the af-
bination thereof. fected source are considered single
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-
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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
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Environmental Protection Agency § 63.1251
(2) Is, unless otherwise specified in to the air emission control equipment
applicable provisions of § 63.1255, mon- as determined by the owner or operator
itored as specified in § 63.180(b) and (c) based on manufacturer recommenda-
as appropriate, to verify that emissions tions, applicable regulations, fire pro-
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
liquid or solid material that is removed tem.
from a wastewater stream by a waste Sensor means a device that measures
management unit or treatment process a physical quantity or the change in a
that does not destroy organics (non- physical quantity, such as tempera-
destructive unit). Examples of residu- ture, pressure, flow rate, pH, or liquid
als from nondestructive waste manage- level.
ment units are: the organic layer and Set pressure means the pressure at
bottom residue removed by a decanter which a properly operating pressure re-
or organic-water separator and the lief device begins to open to relieve
overheads from a steam stripper or air atypical process system operating pres-
stripper. Examples of materials which sure.
are not residuals are: silt; mud; leaves; Sewer line means a lateral, trunk
bottoms from a steam stripper or air line, branch line, or other conduit in-
stripper; and sludges, ash, or other ma- cluding, but not limited to, grates,
terials removed from wastewater being trenches, etc., used to convey waste-
treated by destructive devices such as water streams or residuals to a down-
biological treatment units and inciner- stream waste management unit.
ators. Shutdown means the cessation of op-
Safety device means a closure device eration of a continuous process for any
such as a pressure relief valve, fran-
purpose. Shutdown also means the ces-
gible disc, fusible plug, or any other
sation of a batch process or any related
type of device which functions exclu-
individual piece of equipment required
sively to prevent physical damage or
or used to comply with this subpart as
permanent deformation to a unit or its
air emission control equipment by a result of a malfunction or for replace-
venting gases or vapors directly to the ment of equipment, repair, or any
atmosphere during unsafe conditions other purpose not excluded from this
resulting from an unplanned, acci- definition. Shutdown also applies to
dental, or emergency event. For the emptying and degassing storage ves-
purposes of this subpart, a safety de- sels. Shutdown does not apply to ces-
vice is not used for routine venting of sation of a batch process at the end of
gases or vapors from the vapor a campaign, for routine maintenance,
headspace underneath a cover such as for rinsing or washing of equipment be-
during filling of the unit or to adjust tween batches, or other routine oper-
the pressure in this vapor headspace in ations.
response to normal daily diurnal ambi- Single-seal system means a floating
ent temperature fluctuations. A safety roof having one continuous seal that
device is designed to remain in a closed completely covers the space between
position during normal operations and the wall of the storage tank and the
open only when the internal pressure, edge of the floating roof. This seal may
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§ 63.1251 40 CFR Ch. I (7–1–21 Edition)
Small control device means a control (5) Process tanks (including product
device that controls total HAP emis- tanks and isolated intermediate
sions of less than 10 tons/yr, before con- tanks).
trol. Supplemental gases are any gaseous
Soluble HAP means a HAP listed in streams that are not defined as process
Table 3 of this subpart. vents, or closed-vent systems from
Standard batch means a batch process wastewater management and treat-
operated within a range of operating ment units, storage tanks, or equip-
conditions that are documented in an ment components and that contain less
operating scenario. Emissions from a than 50 ppmv TOC, as determined
standard batch are based on the oper- through process knowledge, that are
ating conditions that result in highest introduced into vent streams or mani-
emissions. The standard batch defines folds. Air required to operate combus-
the uncontrolled and controlled emis- tion device burner(s) is not considered
sions for each emission episode defined supplemental gas.
under the operating scenario. Surface impoundment means a waste
Startup means the setting in oper- management unit which is a natural
ation of a continuous process unit for topographic depression, manmade ex-
any purpose; the first time a new or re- cavation, or diked area formed pri-
constructed batch process unit begins marily of earthen materials (although
production; for new equipment added, it may be lined with manmade mate-
including equipment used to comply rials), which is designed to hold an ac-
with this subpart, the first time the cumulation of liquid wastes or waste
equipment is put into operation; or, for containing free liquids. A surface im-
the introduction of a new product/proc- poundment is used for the purpose of
ess, the first time the product or proc- treating, storing, or disposing of waste-
ess is run in equipment. For batch water or residuals, and is not an injec-
process units, startup does not apply to tion well. Examples of surface im-
the first time the equipment is put into poundments are equalization, settling,
operation at the start of a campaign to and aeration pits, ponds, and lagoons.
produce a product that has been pro- System flowrate means the flowrate of
duced in the past, after a shutdown for gas entering the control device.
maintenance, or when the equipment is Total organic compounds (TOC) means
put into operation as part of a batch those compounds measured according
within a campaign. As used in § 63.1255, to the procedures of Method 18 or
startup means the setting in operation Method 25A, 40 CFR part 60, appendix
of a piece of equipment or a control de- A.
vice that is subject to this subpart. Treatment process means a specific
Storage tank means a tank or other technique that removes or destroys the
vessel that is used to store organic liq- organics in a wastewater or residual
uids that contain one or more HAP as stream such as a steam stripping unit,
raw material feedstocks. Storage tank thin-film evaporation unit, waste in-
also means a tank or other vessel in a cinerator, biological treatment unit, or
tank farm that receives and accumu- any other process applied to waste-
lates used solvent from multiple water streams or residuals to comply
batches of a process or processes for with § 63.1256. Most treatment processes
purposes of solvent recovery. The fol- are conducted in tanks. Treatment
lowing are not considered storage processes are a subset of waste man-
tanks for the purposes of this subpart: agement units.
(1) Vessels permanently attached to Uncontrolled HAP emissions means a
motor vehicles such as trucks, railcars, gas stream containing HAP which has
barges, or ships; exited the process (or process con-
(2) Pressure vessels designed to oper- denser, if any), but which has not yet
ate in excess of 204.9 kilopascals and been introduced into an air pollution
without emissions to the atmosphere; control device to reduce the mass of
(3) Vessels storing organic liquids HAP in the stream. If the process vent
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that contain HAP only as impurities; is not routed to an air pollution con-
(4) Wastewater storage tanks; and trol device, uncontrolled emissions are
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Environmental Protection Agency § 63.1252
uge systems, including testing of such shall comply with the requirements of
systems; Table 4 to this subpart and paragraph
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§ 63.1252 40 CFR Ch. I (7–1–21 Edition)
(b)(1) or (2) of this section. Equipment (1) A State may prohibit averaging of
such as low leg drains, high point HAP emissions and require the owner
bleeds, analyzer vents, open-ended or operator of an existing source to
valves or lines, rupture disks and pres- comply with the provisions in §§ 63.1253
sure relief valves needed for safety pur- and 63.1254.
poses are not subject to this paragraph. (2) Only emission sources subject to
(1) Install, calibrate, maintain, and the requirements of § 63.1253(b)(1) or
operate a flow indicator that deter- (c)(1)(i) or § 63.1254(a)(1)(i) may be in-
mines whether vent stream flow is cluded in any averaging group.
present at least once every 15 minutes. (3) Processes which have been perma-
Records shall be maintained as speci- nently shutdown or storage tanks per-
fied in § 63.1259(i)(6)(i). The flow indi- manently taken out of HAP service
cator shall be installed at the entrance may not be included in any averaging
to any bypass line that could divert the group.
vent stream away from the control de- (4) Processes and storage tanks al-
vice to the atmosphere; or ready controlled on or before November
(2) Secure the bypass line valve in 15, 1990 may not be included in an emis-
the closed position with a car seal or sions averaging group, except where
lock and key type configuration. A vis- the level of control is increased after
ual inspection of the seal or closure November 15, 1990. In these cases, the
mechanism shall be performed at least uncontrolled emissions shall be the
once every month to ensure that the controlled emissions as calculated on
valve is maintained in the closed posi- November 15, 1990 for the purpose of de-
tion and the vent stream is not di- termining the uncontrolled emissions
verted through the bypass line. as specified in § 63.1257(g) and (h).
Records shall be maintained as speci- (5) Emission points controlled to
fied in § 63.1259(i)(6)(ii). comply with a State or Federal rule
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
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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
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Environmental Protection Agency § 63.1252
the test methods and compliance pro- factor is also required. For any reduc-
cedures specified in § 63.1257(g). tion in the HAP factor that is achieved
(8) Compliance with the emission by reducing a HAP that is not a VOC,
standards in § 63.1254(a)(1)(i) shall be the VOC factor may not be increased.
satisfied when the annual percent re- (3) Both requirements specified in
duction efficiency is greater than or paragraphs (e)(3)(i) and (ii) of this sec-
equal to 93 percent, as demonstrated tion are met.
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-
ferring the step offsite (to another production rate, in kg/yr, and added to
manufacturing location). the reduction of the production-in-
(1) The HAP that are generated in dexed HAP consumption factor, in kg/
the PMPU that are not part of the pro- kg, yields a value of at least 75 percent
duction-indexed consumption factor of the average baseline HAP produc-
must be controlled according to the re- tion-indexed consumption factor estab-
quirements of §§ 63.1253, 63.1254, 63.1255, lished according to paragraph (e)(3)(i)
and 63.1256. The hydrogen halides that of this section according to the equa-
are generated as a result of combustion tion provided in § 63.1257(f)(2)(ii)(A).
control of emissions must be controlled The total PMPU VOC emissions shall
according to the requirements of para- be reduced by an amount calculated ac-
graph (g)(1) of this section. cording to the equation provided in
(2) The production-indexed HAP con- § 63.1257(f)(2)(ii)(B). The annual reduc-
sumption factor (kg HAP consumed/kg tion in HAP and VOC air emissions
produced) shall be reduced by at least must be due to the use of the following
75 percent from a 3 year average base- control devices:
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.
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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
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§ 63.1252 40 CFR Ch. I (7–1–21 Edition)
that the use of the device in control- mined according to the procedures in
ling HAP emissions will have no effect § 63.1257(e)(1)(ii).
on the production-indexed consumption (ii) Is a tank that receives one or
factor for the PMPU. more streams that contain water with
(4) The owner or operator may com- an annual average concentration great-
ply with the requirements in either er than or equal to 1,300 ppmw of par-
paragraph (e)(2) or (3) of this section tially soluble HAP compounds, or
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 duction device such as, but not limited
processes. to, a scrubber, before it is discharged
(iii) Nondedicated formulation and to the atmosphere. The halogen reduc-
solvent recovery processes may not be tion device must reduce emissions by
merged with any other processes. the amounts specified in either para-
(f) Control requirements for certain liq- graph (g)(1) or (2) of this section.
uid streams in open systems within a (1) A halogen reduction device after
PMPU. (1) The owner or operator shall the combustion control device must re-
comply with the provisions of Table 5 duce overall emissions of hydrogen
of this subpart, for each item of equip- halides and halogens, as defined in
ment meeting all the criteria specified § 63.1251, by 95 percent or to a con-
in paragraphs (f)(2) through (4) and ei- centration less than or equal to 20
ther paragraph (f)(5)(i) or (ii) of this ppmv.
section. (2) A halogen reduction device lo-
(2) The item of equipment is of a type cated before the combustion control
identified in Table 5 of this subpart; device must reduce the halogen atom
(3) The item of equipment is part of a content of the vent stream to a con-
PMPU, as defined in § 63.1251; centration less than or equal to 20
(4) The item of equipment is con- ppmv.
trolled less stringently than in Table 5 (h) Planned routine maintenance for
of this subpart and the item of equip- centralized combustion control devices.
ment is not otherwise exempt from The owner or operator may operate
controls by the provisions of this sub- non-dedicated PMPU’s during periods
part or subpart A of this part; and of planned routine maintenance for
(5) The item of equipment: CCCD in accordance with the provi-
(i) Is a drain, drain hub, manhole, lift sions specified in paragraphs (h)(1)
station, trench, pipe, or oil/water sepa- through (6) of this section.
rator that conveys water with an an- (1) For equipment leaks and waste-
nual average concentration greater water emissions that normally are con-
than or equal to 1,300 parts per million trolled by the CCCD, if any, the owner
by weight (ppmw) of partially soluble or operator must continue to comply
HAP compounds; or an annual average with the requirements in
concentration greater than or equal to §§ 63.1255(b)(4)(ii) and 63.1256(h), respec-
5,200 ppmw of partially soluble and/or tively, using other control devices dur-
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soluble HAP compounds. The annual ing the planned routine maintenance
average concentration shall be deter- period for the CCCD.
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Environmental Protection Agency § 63.1253
(2) During the planned routine main- § 63.1253 Standards: Storage tanks.
tenance period, the owner or operator (a) Except as provided in paragraphs
must route emissions from process (d), (e), and (f) of this section, the
vents with organic HAP emissions owner or operator of a storage tank
greater than 15 pounds per day (lb/day) meeting the criteria of paragraph (a)(1)
through a closed-vent system to a con- of this section is subject to the require-
denser that meets the conditions speci- ments of paragraph (b) of this section.
fied in paragraphs (h)(2)(i) through (iii) Except as provided in paragraphs (d),
of this section. (e), and (f) of this section, the owner or
(i) The outlet gas temperature must operator of a storage tank meeting the
be less than ¥50 °C (¥58 °F) when the criteria of paragraph (a)(2) of this sec-
emission stream contains organic HAP tion is subject to the requirements of
with a partial pressure greater than 20 paragraph (c) of this section. Compli-
kPa (2.9 psia). ance with the provisions of paragraphs
(ii) The outlet gas temperature must (b) and (c) of this section is dem-
be less than ¥5 °C (23 °F) when the onstrated using the initial compliance
emission stream contains organic HAP procedures in § 63.1257(c) and the moni-
with a partial pressure less than or toring requirements in § 63.1258.
equal to 20 kPa (2.9 psia). (1) A storage tank with a design ca-
(iii) The HAP partial pressures in pacity greater than or equal to 38 m3
paragraphs (h)(2)(i) and (ii) of this sec- but less than 75 m3 storing a liquid for
tion must be determined at 25 °C. which the maximum true vapor pres-
(3) The owner or operator must route sure of total HAP is greater than or
HCl emissions from process vents with equal to 13.1 kPa.
HCl emissions greater than 15 lb/day (2) A storage tank with a design ca-
through a closed-vent system to a pacity greater than or equal to 75 m3
caustic scrubber, and the pH of the storing a liquid for which the max-
scrubber effluent must be maintained imum true vapor pressure of total HAP
at or above 9. is greater than or equal to 13.1 kPa.
(4) For the purposes of the emission (b) The owner or operator of a stor-
calculations required in paragraphs age tank shall equip the affected stor-
(h)(2) and (3) of this section, the term age tank with either a fixed roof with
‘‘process vent’’ shall mean each vent internal floating roof, an external
from a unit operation. The emission floating roof, an external floating roof
calculation shall not be performed on converted to an internal floating roof,
the aggregated emission stream from or a closed-vent system meeting the
multiple unit operations that are conditions of § 63.1252(b) with a control
manifolded together into a common device that meets any of the following
header. Once an affected process vent conditions:
has been controlled in accordance with (1) Reduces inlet emissions of total
this section, it is no longer subject to HAP by 90 percent by weight or great-
the requirements of this section or er;
§ 63.1254 during the routine mainte- (2) Reduces emissions to outlet con-
nance period. centrations less than or equal to 20
(5) The total period of planned rou- ppmv as TOC and less than or equal to
tine maintenance, during which non- 20 ppmv as hydrogen halides and
dedicated PMPU’s that are normally halogens;
controlled by the CCCD continue to op- (3) Is an enclosed combustion device
erate, and process vent emissions are that provides a minimum residence
controlled as specified in paragraphs time of 0.5 seconds at a minimum tem-
(h)(2) and (3) of this section, must not perature of 760 °C;
exceed 240 hours in any 365-day period. (4) Is a flare that meets the require-
(6) While being controlled as specified ments of § 63.11(b); or
in paragraphs (h)(2) and (3) of this sec- (5) Is a control device specified in
tion, the process vents may not be used § 63.1257(a)(4).
in emissions averaging. (c) The owner or operator of a stor-
age tank shall equip the affected stor-
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§ 63.1253 40 CFR Ch. I (7–1–21 Edition)
floating roof, an external floating roof tion for control devices do not apply
converted to an internal floating roof, during periods of planned routine
or a closed-vent system meeting the maintenance. Periods of planned rou-
conditions of § 63.1252(b) with a control tine maintenance of the control de-
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 20 240-hour limit will be exceeded.
ppmv as TOC and less than or equal to (f) Vapor balancing alternative. As an
20 ppmv as hydrogen halides and alternative to the requirements in
halogens; paragraphs (b) and (c) of this section,
(3) Is an enclosed combustion device the owner or operator of an existing or
that provides a minimum residence new affected source may implement
time of 0.5 seconds at a minimum tem- vapor balancing in accordance with
perature of 760 °C; paragraphs (f)(1) through (7) of this sec-
(4) Is a flare that meets the require- tion.
ments of § 63.11(b); or
(1) The vapor balancing system must
(5) Is a control device specified in
be designed and operated to route or-
§ 63.1257(a)(4).
ganic HAP vapors displaced from load-
(d) As an alternative standard, the
ing of the storage tank to the railcar
owner or operator of an existing or new
or tank truck from which the storage
affected source may comply with the
tank is filled.
storage tank standards by routing stor-
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 vapor collection system.
ppmv or less, and an outlet concentra- (4) No pressure relief device on the
tion of hydrogen halides and halogens storage tank, or on the railcar, or tank
of 50 ppmv or less. Compliance with the truck shall open during loading or as a
outlet concentrations shall be deter- result of diurnal temperature changes
mined by the initial compliance proce- (breathing losses).
dures of § 63.1257(c)(4) and the contin- (5) Pressure relief devices on affected
uous emission monitoring require- storage tanks must be set to no less
ments of § 63.1258(b)(5). than 2.5 psig at all times to prevent
(e) Planned routine maintenance. The breathing losses. The owner or oper-
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Environmental Protection Agency § 63.1254
the requirements for each pressure re- and prepare reports as specified in
lief valve in paragraphs (f)(5)(i) § 63.1260.
through (iii) of this section: (iii) If complying with paragraph
(i) The pressure relief valve shall be (f)(6)(ii) of this section, keep records of:
monitored quarterly using the method (A) The equipment to be used and the
described in § 63.180(b). procedures to be followed when reload-
(ii) An instrument reading of 500 ing the railcar or tank truck and dis-
ppmv or greater defines a leak. placing vapors to the storage tank
(iii) When a leak is detected, it shall from which the liquid originates, and
(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- [63 FR 50326, Sept. 21, 1998, as amended at 65
quirements of § 63.1255(g)(4)(i) through FR 52601, Aug. 29, 2000; 66 FR 40132, Aug. 2,
(iv). 2001; 70 FR 25669, May 13, 2005]
(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)
of this section or paragraphs (a)(2) and
(i) The railcar or tank truck must be
(3) of this section. Initial compliance
connected to a closed-vent system with
with the required emission limits or re-
a control device that reduces inlet
ductions in paragraphs (a)(1) through
emissions of HAP by 90 percent by
(3) of this section is demonstrated in
weight or greater; or
accordance with the initial compliance
(ii) A vapor balancing system de- procedures described in § 63.1257(d), and
signed and operated to collect organic continuous compliance is dem-
HAP vapor displaced from the tank onstrated in accordance with the moni-
truck or railcar during reloading must toring requirements described in
be used to route the collected HAP § 63.1258.
vapor to the storage tank from which (1) Process-based emission reduction re-
the liquid being transferred originated. quirement. (i) Uncontrolled HAP emis-
(7) The owner or operator of the facil- sions from the sum of all process vents
ity where the railcar or tank truck is within a process that are not subject to
reloaded or cleaned must comply with the requirements of paragraph (a)(3) of
the requirements in paragraph (f)(7)(i) this section shall be reduced by 93 per-
through (iii) of this section: cent or greater by weight, or as speci-
(i) Submit to the owner or operator fied in paragraph (a)(1)(ii) of this sec-
of the affected storage tank and to the tion. Notification of changes in the
Administrator a written certification compliance method shall be reported
that the reloading or cleaning facility according to the procedures in
will meet the requirements of this sec- § 63.1260(h).
tion. The certifying entity may revoke (ii) Any one or more vents within a
the written certification by sending a process may be controlled in accord-
written statement to the owner or op- ance with any of the procedures in
erator of the affected storage tank giv- paragraphs (a)(1)(ii)(A) through (D) of
ing at least 90 days notice that the cer- this section. All other vents within the
tifying entity is rescinding acceptance process must be controlled as specified
of responsibility for compliance with in paragraph (a)(1)(i) of this section.
the requirements of this paragraph (A) To outlet concentrations less
(b)(7). than or equal to 20 ppmv as TOC and
(ii) If complying with paragraph less than or equal to 20 ppmv as hydro-
(f)(6)(i) of this section, demonstrate gen halides and halogens;
initial compliance in accordance with (B) By a flare that meets the require-
§ 63.1257(c), demonstrate continuous ments of § 63.11(b);
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§ 63.1254 40 CFR Ch. I (7–1–21 Edition)
(D) In accordance with the alter- FRa = flow-weighted average flowrate for the
native standard specified in paragraph vent, scfm
(c) of this section. Di = duration of each emission event, min
FRi = flowrate of each emission event, scfm
(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/
not exceed 900 kilograms (kg) in any yr, as defined in § 63.1251
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 conditions specified in paragraphs
∑ (D i )(FR i ) (a)(1)(ii)(A) through (D) of this section
by April 2, 2007, or 15 years after
i =1
FR a = n
( Eq. 1) issuance of the preconstruction permit,
∑ (D i ) whichever is later.
(B) Process operations. If a process
i =1 meets all of the conditions specified in
ER29AU00.001</MATH>
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Environmental Protection Agency § 63.1254
was achieved on or before April 2, 1997. (ii) Comply with the requirements of
This level of control is demonstrated paragraphs (a)(1) through (3) of this
using the same procedures that are section by using other means.
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-
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§ 63.1255 40 CFR Ch. I (7–1–21 Edition)
is demonstrated in accordance with the ess, equipment subject to both this sec-
monitoring requirements described in tion and either of the following will be
§ 63.1258. required to comply only with the provi-
(2) Annual mass limit. The actual HAP sions of this subpart:
emissions from the sum of all process (i) 40 CFR part 60.
vents for which the owner or operator (ii) 40 CFR part 61.
is not complying with paragraph (b)(1) (3) [Reserved]
of this section are limited to 900 kg in (4) The provisions in § 63.1(a)(3) of
any 365-day period. subpart A of this part do not alter the
(c) Alternative standard. As an alter- provisions in paragraph (a)(2) of this
native standard, the owner or operator section.
of an existing or new affected source (5) Lines and equipment not con-
may comply with the process vent taining process fluids are not subject
standards by routing vents from a to the provisions of this section. Utili-
process to a combustion control device ties, and other nonprocess lines, such
achieving an outlet TOC concentration, as heating and cooling systems which
as calibrated on methane or the pre- do not combine their materials with
dominant HAP, of 20 ppmv or less, and those in the processes they serve, are
an outlet concentration of hydrogen not considered to be part of a process.
halides and halogens of 20 ppmv or less. (6) The provisions of this section do
If the owner or operator is routing not apply to bench-scale processes, re-
emissions to a noncombustion control gardless of whether the processes are
device, it must achieve an outlet TOC located at the same plant site as a
concentration, as calibrated on meth- process subject to the provisions of this
ane or the predominant HAP, of 50 subpart.
ppmv or less, and an outlet concentra- (7) Equipment to which this section
tion of hydrogen halides and halogens applies shall be identified such that it
of 50 ppmv or less. Any process vents can be distinguished readily from
within a process that are not routed to equipment that is not subject to this
this control device must be controlled section. Identification of the equip-
in accordance with the provisions of ment does not require physical tagging
paragraph (a) or (b) of this section, as of the equipment. For example, the
applicable. Initial compliance with the equipment may be identified on a plant
outlet concentrations is demonstrated site plan, in log entries, or by designa-
in accordance with the initial compli- tion of process boundaries by some
ance procedures described in form of weatherproof identification. If
§ 63.1257(d)(1)(iv), and continuous com- changes are made to the affected
pliance is demonstrated in accordance source subject to the leak detection re-
with the emission monitoring require- quirements, equipment identification
ments described in § 63.1258(b)(5). for each type of component shall be up-
[65 FR 52601, Aug. 29, 2000, as amended at 66 dated, if needed, within 90 calendar
FR 40132, Aug. 2, 2001] days or by the next Periodic Report
following the end of the monitoring pe-
§ 63.1255 Standards: Equipment leaks. riod for that component, whichever is
(a) General equipment leak require- later.
ments. (1) The provisions of this section (8) Equipment that is in vacuum
apply to pumps, compressors, agi- service is excluded from the require-
tators, pressure relief devices, sam- ments of this section.
pling connection systems, open-ended (9) Equipment that is in organic HAP
valves or lines, valves, connectors, in- service, but is in such service less than
strumentation systems, control de- 300 hours per calendar year, is excluded
vices, and closed-vent systems required from the requirements of this section if
by this section that are intended to op- it is identified as required in paragraph
erate in organic hazardous air pollut- (g)(9) of this section.
ant service 300 hours or more during (10) When each leak is detected by
the calendar year within a source sub- visual, audible, or olfactory means, or
ject to the provisions of this subpart. by monitoring as described in § 63.180(b)
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Environmental Protection Agency § 63.1255
(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
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formed weekly, at least 2 weeks for shall comply with paragraph (a) of this
tasks that must be performed monthly, section;
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§ 63.1255 40 CFR Ch. I (7–1–21 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
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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
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Environmental Protection Agency § 63.1255
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-
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§ 63.1255 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1255
(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.
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§ 63.1255 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1255
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-
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subgroup valves. The notification shall cent leaking valves shall be the arith-
identify the participating processes metic average of the percent leaking
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§ 63.1255 40 CFR Ch. I (7–1–21 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
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
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,
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Environmental Protection Agency § 63.1255
times, but not more frequently than (D) Unable to be reached from a
annually. wheeled scissor-lift or hydraulic-type
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Environmental Protection Agency § 63.1255
average time in use for the process process shutdowns that occur while the
unit. equipment is unrepaired.
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§ 63.1255 40 CFR Ch. I (7–1–21 Edition)
and the pressure drop observed during the results of the compliance dem-
the test. onstration required by § 63.11(b).
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Environmental Protection Agency § 63.1255
(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
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tification, either by list, location (area (B) Planned schedule for pressure
or group) of equipment in organic HAP testing when equipment is configured
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§ 63.1255 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1256
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§ 63.1256 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1256
(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 certifi- cation 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-
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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
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§ 63.1256 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1256
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
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§ 63.1256 40 CFR Ch. I (7–1–21 Edition)
from a synthetic membrane material uid and each closure device shall be se-
that is either: cured in the closed position. Opening of
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Environmental Protection Agency § 63.1256
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 re- moved 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.
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§ 63.1256 40 CFR Ch. I (7–1–21 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
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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).
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Environmental Protection Agency § 63.1256
(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
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flexible shield (or other enclosure water seal is properly designed and re-
which restricts wind motion across the stricts ventilation.
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§ 63.1256 40 CFR Ch. I (7–1–21 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-
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(1) The owner or operator shall main- tained under negative pressure, the
tain one of the following: owner or operator is not required to
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Environmental Protection Agency § 63.1256
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
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Environmental Protection Agency § 63.1256
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-
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§ 63.1256 40 CFR Ch. I (7–1–21 Edition)
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,
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Environmental Protection Agency § 63.1256
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§ 63.1256 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1257
§ 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
[63 FR 50326, Sept. 21, 1998, as amended at 65
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
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§ 63.1257 40 CFR Ch. I (7–1–21 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-
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mined based on total organic HAP, the vented gas stream, dry basis, percent by
owner or operator shall compute total volume
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Environmental Protection Agency § 63.1257
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
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§ 63.1257 40 CFR Ch. I (7–1–21 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 con- trol 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.
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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
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Environmental Protection Agency § 63.1257
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
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§ 63.1257 40 CFR Ch. I (7–1–21 Edition)
dures in paragraph (b)(10)(vi) of this let of the control device for standard
section. conditions of 20 °C: where:
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Environmental Protection Agency § 63.1257
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
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Environmental Protection Agency § 63.1257
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
n
∑ ((Pi ∗)(x i )(MWi ))
i =1
E= × Δη (Eq. 13)
(( )( ))
m
760 − ∑ Pj ∗ x j
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j=1
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§ 63.1257 40 CFR Ch. I (7–1–21 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
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
point, and Pa2 must be determined at
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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
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Environmental Protection Agency § 63.1257
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 ⎠
VPT ⎛ 1 1⎞
N avg = ⎜ + ⎟ ( Eq. 19)
2 R ⎝ T1 T2 ⎠
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
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§ 63.1257 40 CFR Ch. I (7–1–21 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>
182
ER21SE98.018</GPH>
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Environmental Protection Agency § 63.1257
Pnc2 = final partial pressure of the non- n = number of HAP compounds
condensable gas, as calculated using i = identifier for a HAP compound
Equation 24 of this subpart
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
R = ideal gas law constant
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)
Equation 24 of this subpart
R = ideal gas law constant
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)
ER21SE98.024</GPH>
183
ER29AU00.006</GPH>
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§ 63.1257 40 CFR Ch. I (7–1–21 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
⎜ P1 − ∑ Pj ⎟
n
E=
V
× 1n ⎜
j=1 ⎟ × ∑ ( Pi )(MWi ) ( Eq. 32)
⎜ ⎟ i =1
( )
m
( R )(T )
⎜ P2 − ∑ Pj ⎟
⎝ j=1 ⎠
⎛ n ⎞
⎜ ∑ Pi MWi ⎟
( La )( t ) ⎜ i =1 ⎟
E= (Eq. 33)
MWnc ⎜ m ⎟
⎜ Psystem − ∑ Pj ⎟
⎝ j=1 ⎠
184
ER02AU01.034</MATH>
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Environmental Protection Agency § 63.1257
V=
(W )(R)(T)
g
(P )(MW )
( Eq. 34)
T g
⎛ PS1 PS 2 ⎞
E = B×⎜ − ⎟ ( Eq. 35)
⎝ 100 − PS1 100 − PS 2 ⎠
⎛ V ⎛ n ⎞ ⎞
E=⎜ × ⎜ ∑ ( Pi )(MWi )⎟ 1 − e − Ft / v ⎟
⎝ RT ⎝ i =1 ⎠ ⎠
( ) ( Eq. 36)
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>
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§ 63.1257 40 CFR Ch. I (7–1–21 Edition)
186
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Environmental Protection Agency § 63.1257
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
i = identifier for a HAP compound
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>
187
ER21SE98.033</GPH>
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§ 63.1257 40 CFR Ch. I (7–1–21 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.
j = identifier for a condensable compound
(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 ⎠ ⎠⎠
188
ER21SE98.039</GPH>
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Environmental Protection Agency § 63.1257
189
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§ 63.1257 40 CFR Ch. I (7–1–21 Edition)
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
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Environmental Protection Agency § 63.1257
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.
kpayne on VMOFRWIN702 with $$_JOB
nonoperation shall not constitute rep- (i) Compounds not used or produced
resentative conditions. The owner or by the PMPU; or
191
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§ 63.1257 40 CFR Ch. I (7–1–21 Edition)
192
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Environmental Protection Agency § 63.1257
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-
kpayne on VMOFRWIN702 with $$_JOB
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
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§ 63.1257 40 CFR Ch. I (7–1–21 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)
194
ER21SE98.040</GPH>
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Environmental Protection Agency § 63.1257
ρ ⎛ p ⎞
QMWa = 6 ⎜∑
p ∗ 10 ⎝ k =1
( )
Q a , k ∗ C T ,a , k ⎟
⎠
( Eq. 47)
195
ER21SE98.043</GPH>
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§ 63.1257 40 CFR Ch. I (7–1–21 Edition)
⎛ n ⎞
⎝ i =1
(
QMG b = K 2 ∗ ⎜ ∑ CG b,i ∗ MWi ⎟ ∗ QG b
⎠
) ( Eq. 48)
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>
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Environmental Protection Agency § 63.1257
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 solu- tion, 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
197
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§ 63.1257 40 CFR Ch. I (7–1–21 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
198
ER21SE98.047</GPH>
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Environmental Protection Agency § 63.1257
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§ 63.1257 40 CFR Ch. I (7–1–21 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)
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
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Environmental Protection Agency § 63.1257
201
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§ 63.1257 40 CFR Ch. I (7–1–21 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>
ER21SE98.052</GPH>
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ER21SE98.051</GPH>
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Environmental Protection Agency § 63.1258
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-
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§ 63.1258 40 CFR Ch. I (7–1–21 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.
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thermal incinerator, the owner or oper- (2) The temperature monitoring de-
ator shall establish the minimum tem- vice must be calibrated annually.
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Environmental Protection Agency § 63.1258
(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-
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§ 63.1258 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1258
cluded in the next Periodic report after ator must evaluate the volumetric flow
kpayne on VMOFRWIN702 with $$_JOB
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
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§ 63.1258 40 CFR Ch. I (7–1–21 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 op- tion 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
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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
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Environmental Protection Agency § 63.1258
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§ 63.1258 40 CFR Ch. I (7–1–21 Edition)
(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
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Environmental Protection Agency § 63.1259
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§ 63.1259 40 CFR Ch. I (7–1–21 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.
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trolled emissions for each nonstandard (c) Records of operating scenarios. The
batch; and owner or operator of an affected source
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Environmental Protection Agency § 63.1259
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§ 63.1259 40 CFR Ch. I (7–1–21 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
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or closed-vent system that contains by- that repair could not be effected with-
pass lines that could divert a vent out a shutdown.
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Environmental Protection Agency § 63.1260
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§ 63.1260 40 CFR Ch. I (7–1–21 Edition)
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
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Environmental Protection Agency § 63.1260
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 re- port. 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-
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§ 63.1260 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency Pt. 63, Subpt. GGG, Table 1
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(c)(6) .................. Reclassification ........................................ Yes.
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;
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Pt. 63, Subpt. GGG, Table 1 40 CFR Ch. I (7–1–21 Edition)
63.3 ........................... Units and abbreviations. .......................... Yes ..................... Other units used in subpart GGG are
defined in that subpart.
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
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Environmental Protection Agency Pt. 63, Subpt. GGG, Table 1
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 .............. Yes ..................... For change in major source status only.
63.9(k) ....................... Electronic reporting procedures .............. Yes ..................... Only as specified in § 63.9(j).
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
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requirements.
63.10(c)(11) .............. Malfunction corrective action record- No ....................... Subpart GGG specifies recordkeeping
keeping requirement. requirements.
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Pt. 63, Subpt. GGG, Table 2 40 CFR Ch. I (7–1–21 Edition)
[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; 85 FR 73897, Nov. 19, 2020]
1,1-Dimethylhydrazine. Dinitrotoluene.
1,4-Dioxane. Ethylene glycol dimethyl ether.
Acetonitrile. Ethylene glycol monobutyl ether acetate.
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Environmental Protection Agency Pt. 63, Subpt. GGG, Table 5
Compound Compound
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 com- pleting 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.
Drain or drain hub .......... (a) Tightly fitting solid cover (TFSC); or
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Pt. 63, Subpt. GGG, Table 6 40 CFR Ch. I (7–1–21 Edition)
(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
(b) TFSC with a vent to either a process or to a control device meeting the requirements of
§ 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
(b) TFSC 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.
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.
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.
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Environmental Protection Agency Pt. 63, Subpt. GGG, Table 8
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).
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Pt. 63, Subpt. GGG, Table 9 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1270
Biorate (K1),
Compound name L/g MLVSS-hr
year.
transports natural gas prior to the
point of custody transfer or to a nat- (i)–(iii) [Reserved]
227
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§ 63.1270 40 CFR Ch. I (7–1–21 Edition)
(2) Facilities that only transport nat- (1) Except as specified in paragraphs
ural gas shall calculate the maximum (d)(3) through (4) of this section, the
natural gas throughput as the highest owner or operator of an affected
annual natural gas throughput over the source, the construction or reconstruc-
5 years prior to June 17, 1999, multi- tion of which commenced before Feb-
plied by a factor of 1.2. ruary 6, 1998, shall achieve compliance
(3) The owner or operator shall main- with this provisions of the subpart no
tain records of the annual facility nat- later than June 17, 2002 except as pro-
ural gas throughput each year and vided for in § 63.6(i). The owner or oper-
upon request, submit such records to ator of an area source, the construc-
the Administrator. If the facility an- tion or reconstruction of which com-
nual natural gas throughput increases menced before February 6, 1998, that
above the maximum natural gas increases its emissions of (or its poten-
throughput calculated in paragraph tial to emit) HAP such that the source
(a)(1) or (a)(2) of this section, the max- becomes a major source that is subject
imum natural gas throughput must be to this subpart shall comply with this
recalculated using the higher through- subpart 3 years after becoming a major
put multiplied by a factor of 1.2. 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
(3) of this section. 2011, must achieve compliance no later
(1) Each large glycol dehydration than October 15, 2015, except as pro-
unit; vided in § 63.6(i).
(2) Each small glycol dehydration (4) Each affected small glycol dehy-
unit for which construction com- dration unit, as defined in § 63.1271, lo-
menced on or before August 23, 2011, is cated at a major source, that com-
an existing small glycol dehydration menced construction on or after Au-
unit. gust 23, 2011, must achieve compliance
(3) Each small glycol dehydration immediately upon initial startup or
unit for which construction com- October 15, 2012, whichever is later.
menced after August 23, 2011, is a new (e) An owner or operator of an af-
small glycol dehydration unit. fected source that is a major source or
(c) The owner or operator of a facil- is located at a major source and is sub-
ity that does not contain an affected ject to the provisions of this subpart is
source, as specified in paragraph (b) of also subject to 40 CFR part 70 or part 71
this section, is not subject to the re- permitting requirements.
quirements of this subpart. (f) Exemptions. A facility with a
(d) The owner or operator of each af- facilitywide actual annual average nat-
fected source shall achieve compliance ural gas throughput less than 28.3 thou-
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with the provisions of this subpart by sand standard cubic meters per day,
the following dates: where glycol dehydration units are the
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Environmental Protection Agency § 63.1271
only HAP emission source, is not sub- Continuous recorder means a data re-
ject to the requirements of this sub- cording device that either records an
part. Records shall be maintained as instantaneous data value at least once
required in § 63.10(b)(3). every hour or records hourly or more
frequent block average values.
[64 FR 32648, June 17, 1999, as amended at 66
FR 34555, June 29, 2001; 66 FR 49300, Sept. 27,
Control device means any equipment
2001; 67 FR 8204, Feb. 22, 2002; 77 FR 49584, used for recovering or oxidizing HAP or
Aug. 16, 2012; 85 FR 73898, Nov. 19, 2020] volatile organic compound (VOC) va-
pors. Such equipment includes, but is
§ 63.1271 Definitions. not limited to, absorbers, carbon ab-
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
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§ 63.1271 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1271
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
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instrument used to indicate the con- the Act or the regulations promulgated
centration level of organic compounds thereunder are concerned; and
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§ 63.1272 40 CFR Ch. I (7–1–21 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 accord- ing 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:
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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
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Environmental Protection Agency § 63.1274
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
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§ 63.1275 40 CFR Ch. I (7–1–21 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.
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Environmental Protection Agency § 63.1275
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.
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§§ 63.1276–63.1280 40 CFR Ch. I (7–1–21 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,
[64 FR 32648, June 17, 1999, as amended at 66
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
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the control device to the atmosphere; the mass content of either TOC or total
or HAP in the gases vented to the device
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Environmental Protection Agency § 63.1281
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§ 63.1281 40 CFR Ch. I (7–1–21 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).
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(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
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Environmental Protection Agency § 63.1282
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
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§ 63.1282 40 CFR Ch. I (7–1–21 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.
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demonstrations for small glycol dehydra- (d) Control device performance test pro-
tion units. This paragraph (c) applies to cedures. This paragraph applies to the
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Environmental Protection Agency § 63.1282
(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),
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§ 63.1282 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1282
(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
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ER17JN99.011</GPH>
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§ 63.1282 40 CFR Ch. I (7–1–21 Edition)
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
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Environmental Protection Agency § 63.1282
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-
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zone and the combustion zone resi- tion level, capacity of the carbon bed,
dence time. type and working capacity of activated
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§ 63.1282 40 CFR Ch. I (7–1–21 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
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(1) The owner or operator shall estab- the control device and associated con-
lish a site specific maximum or min- trol system.
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Environmental Protection Agency § 63.1282
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§ 63.1282 40 CFR Ch. I (7–1–21 Edition)
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
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Environmental Protection Agency § 63.1282
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 deter- mined 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
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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
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§ 63.1282 40 CFR Ch. I (7–1–21 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.
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Environmental Protection Agency § 63.1283
(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
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§ 63.1283 40 CFR Ch. I (7–1–21 Edition)
(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:
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Environmental Protection Agency § 63.1283
(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
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§ 63.1283 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1283
(B) If the owner or operator uses a dures documented in the GRI report
condenser design analysis in accord- entitled, ‘‘Atmospheric Rich/Lean
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§ 63.1284 40 CFR Ch. I (7–1–21 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-
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away from the control device to the at- nance, corrective action, report or pe-
mosphere. riod.
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Environmental Protection Agency § 63.1284
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.
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§ 63.1284 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1285
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
[64 FR 32648, June 17, 1999, as amended at 66
(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 ini- tion.
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
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§ 63.1285 40 CFR Ch. I (7–1–21 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
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averaged over the full period of the accordance with the requirements of
performance test. § 63.1283(d).
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Environmental Protection Agency § 63.1285
(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
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§ 63.1285 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1286
(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-
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§ 63.1287 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency Pt. 63, Subpt. HHH, Table 2
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Pt. 63, Subpt. HHH, Table 2 40 CFR Ch. I (7–1–21 Edition)
266
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Environmental Protection Agency § 63.1291
[77 FR 49597, Aug. 16, 2012, as amended at 85 FR 73898, Nov. 19, 2020]
267
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§ 63.1292 40 CFR Ch. I (7–1–21 Edition)
with the requirements of this section does not undergo regeneration, but is
on or before November 13, 2014. replaced.
(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
pletely around the circumference of
48087, Aug. 15, 2014]
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 ac- tion equipment and associated piping,
tivated carbon. For the purposes of this ductwork, etc.; and curing and storage
subaprt, a carbon adsorption system is areas.
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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
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Environmental Protection Agency § 63.1292
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§ 63.1293 40 CFR Ch. I (7–1–21 Edition)
vessels do not include vessels with ca- (1) The pump shall be a sealless
pacities smaller than 38 cubic meters pump; or
(or 10,000 gallons). (2) The pump shall be a submerged
Transfer pump means all pumps used pump system meeting the require-
to transport diisocyanates that are not ments in paragraphs (b)(2)(i) through
metering pumps. (iii) of this section.
[63 FR 53996, Oct. 7, 1998, as amended at 79 FR (i) The pump shall be completely im-
48087, Aug. 15, 2014] mersed in bis(2-ethylhexyl)phthalate
(DEHP, CAS #118–81–7),
§ 63.1293 Standards for slabstock flexi- 2(methyloctyl)phthalate (DINP, CAS
ble polyurethane foam production. #68515–48–0), or another neutral oil.
Each owner or operator of a new or (ii) The pump shall be visually mon-
existing slabstock affected source shall itored weekly to detect leaks,
comply with §§ 63.1294, 63.1297, and (iii) When a leak is detected, it shall
63.1298. be repaired in accordance with the pro-
cedures in paragraphs (b)(2)(iii)(A) and
[79 FR 48087, Aug. 15, 2014]
(B) of this section, except as provided
§ 63.1294 Standards for slabstock flexi- in paragraph (d) of this section.
ble polyurethane foam production— (A) The leak shall be repaired as soon
diisocyanate emissions. as practicable, but not later than 15
Each new and existing slabstock af- calendar days after it is detected.
fected source shall comply with the (B) A first attempt at repair shall be
provisions of this section. made no later than 5 calendar days
(a) Diisocyanate storage vessels. after the leak is detected. First at-
Diisocyanate storage vessels shall be tempts at repair include, but are not
equipped with either a system meeting limited to, the following practices
the requirements in paragraph (a)(1) of where practicable:
this section, or a carbon adsorption (1) Tightening of packing gland nuts.
system meeting the requirements of (2) Ensuring that the seal flush is op-
paragraph (a)(2) of this section. erating at design pressure and tem-
(1) The storage vessel shall be perature.
equipped with a vapor return line from (c) Other components in diisocyanate
the storage vessel to the tank truck or service. If evidence of a leak is found by
rail car that is connected during un- visual, audible, or an instrumental de-
loading. tection method, it shall be repaired as
(i) During each unloading event, the soon as practicable, but not later than
vapor return line shall be inspected for 15 calendar days after it is detected, ex-
leaks by visual, audible, or an instru- cept as provided in paragraph (d) of
mental detection method. this section. The first attempt at re-
(ii) When a leak is detected, it shall pair shall be made no later than 5 cal-
be repaired as soon as practicable, but endar days after each leak is detected.
not later than the subsequent unload- (d) Delay of repair. (1) Delay of repair
ing event. of equipment for which leaks have been
(2) The storage vessel shall be detected is allowed for equipment that
equipped with a carbon adsorption sys- is isolated from the process and that
tem, meeting the monitoring require- does not remain in diisocyanate serv-
ments of § 63.1303(a), that routes dis- ice.
placed vapors through activated carbon (2) Delay of repair for valves and con-
before being discharged to the atmos- nectors is also allowed if:
phere. The owner or operator shall re- (i) The owner or operator determines
place the existing carbon with fresh that diisocyanate emissions of purged
carbon upon indication of break- material resulting from immediate re-
through before the next unloading pair are greater than the fugitive emis-
event. sions likely to result from delay of re-
(b) Transfer pumps in diisocyanate pair, and
service. Each transfer pump in (ii) The purged material is collected
diisocyanate service shall meet the re- and destroyed or recovered in a control
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quirements of paragraph (b)(1) or (b)(2) device when repair procedures are ef-
of this section. fected, and
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Environmental Protection Agency § 63.1303
shall not be used in a molded flexible (ii) The design analysis shall estab-
polyurethane foam source process. lish the outlet organic concentration
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§ 63.1304 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1306
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 con- formance 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.
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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]
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§ 63.1307 40 CFR Ch. I (7–1–21 Edition)
tion number, shall be attached to the (g) The owner or operator of an af-
leaking equipment. fected source subject to § 63.1300 or
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Environmental Protection Agency § 63.1308
§ 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 com- plying 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
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§ 63.1309 40 CFR Ch. I (7–1–21 Edition)
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]
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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 re- quirements in §§ 63.1290 to 63.1307.
quirements in §§ 63.1290 to 63.1307. These ta-
§ 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
§ 63.9(k) ......................................................... Yes Only as specified in § 63.9(j).
§ 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
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[63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014; 85 FR 73898, Nov. 19, 2020]
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Pt. 63, Subpt. III, Table 2 40 CFR Ch. I (7–1–21 Edition)
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.
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Environmental Protection Agency § 63.1310
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§ 63.1310 40 CFR Ch. I (7–1–21 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 non- process 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
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Environmental Protection Agency § 63.1310
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
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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
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§ 63.1310 40 CFR Ch. I (7–1–21 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
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product, whichever is shorter, shall de- of this subpart during the production
termine if the process unit is subject to of that product.
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Environmental Protection Agency § 63.1310
ments) in accordance with § 63.1334(a) produced in the process unit in the fu-
that would apply for all products. ture.
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§ 63.1310 40 CFR Ch. I (7–1–21 Edition)
(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
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Environmental Protection Agency § 63.1310
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 as- signed.
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-
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§ 63.1310 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1310
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§ 63.1310 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1311
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 re- lief 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
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§ 63.1311 40 CFR Ch. I (7–1–21 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-
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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
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Environmental Protection Agency § 63.1311
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-
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this subpart does not restart or reset part Q of this part shall comply with
the ‘‘compliance clock’’ as it relates to both subparts.
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§ 63.1311 40 CFR Ch. I (7–1–21 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-
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in which certain requirements from quest is not necessary for each recur-
other regulations also apply for the ring period.
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§ 63.1312 40 CFR Ch. I (7–1–21 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-
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Environmental Protection Agency § 63.1312
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-
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§ 63.1312 40 CFR Ch. I (7–1–21 Edition)
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
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Environmental Protection Agency § 63.1312
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-
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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
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§ 63.1312 40 CFR Ch. I (7–1–21 Edition)
ephthalic acid with ethylene glycol to directly or after passing through one or
form the intermediate monomer bis-(2- more control, recovery, or recapture
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Environmental Protection Agency § 63.1312
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
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alone, or the storage of raw or recov- as control devices shall not be consid-
ered materials. ered recovery operations equipment.
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Environmental Protection Agency § 63.1313
rosion properties (whether or not the (7) Section 63.1331 for equipment
continuous process vent stream con- leaks;
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§ 63.1313 40 CFR Ch. I (7–1–21 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
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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.
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Environmental Protection Agency § 63.1314
(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
[61 FR 48229, Sept. 12, 1996, as amended at 65
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.
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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
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§ 63.1315 40 CFR Ch. I (7–1–21 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 re- sources.
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-
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Environmental Protection Agency § 63.1315
(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
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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
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§ 63.1315 40 CFR Ch. I (7–1–21 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)
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Environmental Protection Agency § 63.1315
(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 de- scribed 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.
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0.005 standard cubic meter per minute; (ii) Instead of measuring total or-
and ganic HAP or TOC concentrations at
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§ 63.1315 40 CFR Ch. I (7–1–21 Edition)
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.
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Environmental Protection Agency § 63.1315
(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
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itoring provisions of § 63.1317, the test- stream, comply with §§ 63.1321 through
ing and compliance demonstration pro- 63.1327 as specified in paragraphs
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§ 63.1316 40 CFR Ch. I (7–1–21 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-
[61 FR 48229, Sept. 12, 1996, as amended at 64
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
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Environmental Protection Agency § 63.1316
311
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§ 63.1316 40 CFR Ch. I (7–1–21 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
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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
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Environmental Protection Agency § 63.1317
313
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§ 63.1318 40 CFR Ch. I (7–1–21 Edition)
continuous process vent, Ei, shall be shall use the procedures specified in
determined according to the proce- paragraph (b)(1) of this section.
314
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Environmental Protection Agency § 63.1320
(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.
[61 FR 48229, Sept. 12, 1996, as amended at 65
(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-
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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
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§ 63.1321 40 CFR Ch. I (7–1–21 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 de- for the flare.
termination of group status (i.e., Group (ii) Halogenated batch process vents,
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1/Group 2) under § 63.1323 is not re- as defined in § 63.1312, shall not be vent-
quired. ed to a flare.
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Environmental Protection Agency § 63.1322
(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
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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
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§ 63.1322 40 CFR Ch. I (7–1–21 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
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process vent with annual emissions level established as the batch mass
greater than or equal to the level speci- input limitation.
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Environmental Protection Agency § 63.1323
(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
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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
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§ 63.1323 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1323
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 ⎥
⎢ ⎥ ⎣ ⎦
⎢ ⎥
⎢ ⎥
⎢ ⎥
⎢⎣ ⎥⎦
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§ 63.1323 40 CFR Ch. I (7–1–21 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
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
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Environmental Protection Agency § 63.1323
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]
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§ 63.1323 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1323
( )
n
AE = ∑ ( N i ) E cycle [ Eq. 13]
or chemical laws or properties. Exam-
ples of analytical methods include, but
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i
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§ 63.1323 40 CFR Ch. I (7–1–21 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),
(ii) The volumetric flow rate of a rep-
or (C) of this section.
resentative batch emission episode
(A) Experimentally obtained activity
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.
AFRepisode = Average batch vent flow rate for
A batch process vent with annual emis- 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.
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Environmental Protection Agency § 63.1323
i =1
AFR = n
[Eq. 15]
∑ (DUR i )
i =1
⎢n m ⎥
( ) ( )( )
E halogen = K ⎢∑ ∑ C avg j L j, i M j, i ⎥ AFR
ER19JN00.033</MATH>
[ Eq. 17]
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⎢⎣ j=1 i =1 ⎥⎦
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§ 63.1323 40 CFR Ch. I (7–1–21 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
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(1) Examples of process changes in- group status by repeating the proce-
clude the changes listed in paragraphs dures specified in paragraphs (b)
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Environmental Protection Agency § 63.1324
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
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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),
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§ 63.1324 40 CFR Ch. I (7–1–21 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
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(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
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Environmental Protection Agency § 63.1324
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 regenera- tion 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-
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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
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§ 63.1325 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1325
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
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ances and process stoichiometry. Pre- organic HAP representing the largest
vious test results may be used provided percent by volume of the emissions.
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§ 63.1325 40 CFR Ch. I (7–1–21 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]
⎢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>
334
ER19JN00.035</MATH>
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Environmental Protection Agency § 63.1325
⎡ 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 ⎥⎦
n n
∑ E inlet,i − ∑ E outlet,i
R= i =1
n
i =1
(100 ) [ Eq. 25]
∑ E inlet,i
i =1
ER12SE96.023</GPH>
335
ER12SE96.022</GPH>
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§ 63.1325 40 CFR Ch. I (7–1–21 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
336
ER19JN00.039</MATH>
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Environmental Protection Agency § 63.1325
(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
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§ 63.1326 40 CFR Ch. I (7–1–21 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.
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Environmental Protection Agency § 63.1326
(iii) Periods when all pilot flames control device as required by § 63.1324(f)
were absent. for parameters specified in § 63.1324(c)
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§ 63.1326 40 CFR Ch. I (7–1–21 Edition)
(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
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Environmental Protection Agency § 63.1327
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 main- ing 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.
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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
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§ 63.1327 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1329
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-
[61 FR 48229, Sept. 12, 1996, as amended at 65
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-
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§ 63.1329 40 CFR Ch. I (7–1–21 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)
344
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Environmental Protection Agency § 63.1330
(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
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§ 63.1330 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1331
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.
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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
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§ 63.1331 40 CFR Ch. I (7–1–21 Edition)
348
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Environmental Protection Agency § 63.1331
349
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§ 63.1332 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1332
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 sec- tion.
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
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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
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§ 63.1332 40 CFR Ch. I (7–1–21 Edition)
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
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Environmental Protection Agency § 63.1332
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-
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emission points shall be made under culated using Equation 28 of this sub-
representative operating conditions. part. Debits and all terms of Equation
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§ 63.1332 40 CFR Ch. I (7–1–21 Edition)
( )
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
354
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Environmental Protection Agency § 63.1332
(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
⎛ 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-
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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
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§ 63.1332 40 CFR Ch. I (7–1–21 Edition)
( )
(4) Emissions from storage vessels
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ECPVS jstd = ( EFstd ) PPj [ Eq. 31] shall be calculated using the proce-
dures specified in § 63.150(g)(3).
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Environmental Protection Agency § 63.1332
⎛ Percent reduction ⎞
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
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
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§ 63.1332 40 CFR Ch. I (7–1–21 Edition)
⎛ Percent reduction ⎞
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
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Environmental Protection Agency § 63.1332
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.
kpayne on VMOFRWIN702 with $$_JOB
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
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§ 63.1332 40 CFR Ch. I (7–1–21 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% ⎠
⎛ Percent reduction ⎞
ECPV 2 iACTUAL = ECPV 2 iu ⎜ 1 − ⎟ [ Eq. 37]
⎝ ⎠
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ER12SE96.036</GPH>
100%
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Environmental Protection Agency § 63.1332
(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% ⎠
⎛ Percent reduction ⎞
ECPV 2 iBASE = ECPV 2 iu ⎜ 1 − ⎟ [ Eq. 39]
⎝ 100% ⎠
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
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§ 63.1332 40 CFR Ch. I (7–1–21 Edition)
⎛ Percent reduction ⎞
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).
⎛ Percent reduction ⎞
EBPV 2 iACTUAL = EBPV 2 iu ⎜ 1 −
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ER12SE96.040</GPH>
⎟ [ Eq. 41]
⎝ 100% ⎠
362
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Environmental Protection Agency § 63.1332
(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).
⎛ Percent reduction ⎞
EBPV 2 iBASE = EBPV 2 iu ⎜ 1 − ⎟ [ Eq. 42 ]
⎝ 100% ⎠
⎛ Percent reduction ⎞
EABV1iACTUAL = EABV1iu ⎜ 1 − ⎟ [ Eq. 43]
⎝ 100% ⎠
⎛ Percent reduction ⎞
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>
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§ 63.1332 40 CFR Ch. I (7–1–21 Edition)
⎛ Percent reduction ⎞
EABV 2 iBASE = EABV 2 iu ⎜ 1 − ⎟ [ Eq. 45]
⎝ 100% ⎠
tions made in the calculations shall be may be approved by the permitting au-
documented. thority as part of an operating permit
364
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Environmental Protection Agency § 63.1332
EB −
(E )(P )
pp B
Ppp
Percent reduction = 100% [ Eq. 46]
EB
365
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§ 63.1332 40 CFR Ch. I (7–1–21 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 ⎥⎦
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
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ER12SE96.047</GPH>
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Environmental Protection Agency § 63.1332
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
kpayne on VMOFRWIN702 with $$_JOB
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
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§ 63.1332 40 CFR Ch. I (7–1–21 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-
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Environmental Protection Agency § 63.1333
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
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§ 63.1333 40 CFR Ch. I (7–1–21 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
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.
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ER19JN00.041</MATH>
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Environmental Protection Agency § 63.1334
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
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§ 63.1334 40 CFR Ch. I (7–1–21 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
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(D) Alternatively, an average mon- under this paragraph (d), the deter-
itored parameter value shall be cal- mination of the parameter monitoring
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Environmental Protection Agency § 63.1334
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
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§ 63.1334 40 CFR Ch. I (7–1–21 Edition)
374
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Environmental Protection Agency § 63.1335
required to maintain copies of those re- continuous records shall keep records
ports. as specified in paragraphs (d)(1)
375
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§ 63.1335 40 CFR Ch. I (7–1–21 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.
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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
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Environmental Protection Agency § 63.1335
§ 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-
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shall prepare and submit the reports sion deadline at least 60 days after the
listed in paragraphs (e)(3) through (9) information is obtained.
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§ 63.1335 40 CFR Ch. I (7–1–21 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
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§ 63.1335 40 CFR Ch. I (7–1–21 Edition)
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
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§ 63.1335 40 CFR Ch. I (7–1–21 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
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Environmental Protection Agency § 63.1335
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
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§ 63.1335 40 CFR Ch. I (7–1–21 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 in- for 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,
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Environmental Protection Agency § 63.1335
(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:
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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
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§ 63.1335 40 CFR Ch. I (7–1–21 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
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(b)(1)(ii) of this section for reports of to retain daily average or batch cycle
malfunctions. daily average values under paragraph
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Environmental Protection Agency § 63.1335
(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.
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nual debits as required by § 63.1332(e)(3); (B) For pressure relief devices in or-
and ganic HAP gas or vapor service subject
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§ 63.1335 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1335
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§ 63.1335 40 CFR Ch. I (7–1–21 Edition)
source does not have an automated meets all criteria in paragraph (g)(3)(i)
monitoring and recording system; of this section.
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Environmental Protection Agency § 63.1335
(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 pa- ble 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 para- graph (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-
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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)
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§ 63.1336 40 CFR Ch. I (7–1–21 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
[61 FR 48229, Sept. 12, 1996, as amended at 64
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
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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
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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]
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(c)(6) ......................................... Yes.
§ 63.1(d) .............................................. No ............................. [Reserved].
§ 63.1(e) .............................................. Yes.
§ 63.2 .................................................. Yes ........................... § 63.1312 specifies those subpart A definitions that apply to sub-
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part JJJ.
§ 63.3 .................................................. Yes.
§ 63.4(a)(1)–(3) ................................... Yes.
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Pt. 63, Subpt. JJJ, Table 1 40 CFR Ch. I (7–1–21 Edition)
Applies to
Reference Explanation
Subpart JJJ
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Environmental Protection Agency Pt. 63, Subpt. JJJ, Table 1
Applies to
Reference Explanation
Subpart JJJ
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Pt. 63, Subpt. JJJ, Table 2 40 CFR Ch. I (7–1–21 Edition)
Applies to
Reference Explanation
Subpart JJJ
§ 63.10(d)(3) ....................................... No ............................. Subpart JJJ does not require opacity and visible emission stand-
ards.
§ 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; 85 FR 73898, Nov. 19, 2020]
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Environmental Protection Agency Pt. 63, Subpt. JJJ, Table 6
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)
Polystyrene resin
using a batch
process .............. ✔
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Pt. 63, Subpt. JJJ, Table 7 40 CFR Ch. I (7–1–21 Edition)
Polystyrene resin
using a contin-
uous process ..... ✔
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.
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
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Environmental Protection Agency Pt. 63, Subpt. JJJ, Table 7
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
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Pt. 63, Subpt. JJJ, Table 7 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency Pt. 63, Subpt. JJJ, Table 9
§ 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
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§ 63.1340 40 CFR Ch. I (7–1–21 Edition)
c Note that the TPPU remains subject to this subpart until the notification under § 63.1310(f)(3)(i) is made.
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Environmental Protection Agency § 63.1341
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.
Crusher means a machine designed to Kiln means a device, including any
reduce large rocks from the quarry associated preheater or precalciner de-
into materials approximately the size vices, inline raw mills, inline coal mills
of gravel. or alkali bypasses that produces clink-
Dioxins and furans (D/F) means tetra- er by heating limestone and other ma-
, penta-, hexa-, hepta-, and octa- terials for subsequent production of
chlorinated dibenzo dioxins and furans. portland cement. Because the inline
Facility means all contiguous or ad- raw mill and inline coal mill are con-
joining property that is under common sidered an integral part of the kiln, for
ownership or control, including prop- purposes of determining the appro-
erties that are separated only by a road priate emissions limit, the term kiln
or other public right-of-way. also applies to the exhaust of the inline
Feed means the prepared and mixed raw mill and the inline coal mill.
materials, which include but are not Kiln exhaust gas bypass means alkali
limited to materials such as limestone, bypass.
clay, shale, sand, iron ore, mill scale, Monovent means an exhaust configu-
cement kiln dust and flyash, that are ration of a building or emission control
fed to the kiln. Feed does not include device (e. g. positive pressure fabric fil-
the fuels used in the kiln to produce ter) that extends the length of the
heat to form the clinker product. structure and has a width very small in
Finish mill means a roll crusher, ball relation to its length (i. e., length to
and tube mill or other size reduction width ratio is typically greater than
equipment used to grind clinker to a 5:1). The exhaust may be an open vent
fine powder. Gypsum and other mate- with or without a roof, louvered vents,
rials may be added to and blended with or a combination of such features.
clinker in a finish mill. The finish mill New brownfield kiln, in-line kiln raw
also includes the air separator associ- mill, or raw material dryer means a kiln,
ated with the finish mill. in-line kiln/raw mill or raw material
Greenfield kiln, in-line kiln/raw mill, or dryer for which construction is com-
raw material dryer means a kiln, in-line menced at a plant site (where kilns
kiln/raw mill, or raw material dryer for and/or in-line kiln/raw mills were in
which construction is commenced at a operation prior to March 24, 1998) after
plant site (where no kilns and no in- March 24, 1998.
line kiln/raw mills were in operation at New source means any source that
any time prior to March 24, 1998) after commenced construction or recon-
March 24, 1998. struction after May 6, 2009, for purposes
Hazardous waste is defined in § 261.3 of of determining the applicability of the
this chapter. kiln, clinker cooler and raw material
In-line coal mill means a coal mill dryer emissions limits for mercury,
using kiln exhaust gases in their proc- PM, THC, and HCl.
ess. A coal mill with a heat source One-minute average means the aver-
other than the kiln or a coal mill using age of thermocouple or other sensor re-
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exhaust gases from the clinker cooler sponses calculated at least every 60
is not an in-line coal mill. seconds from responses obtained at
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§ 63.1341 40 CFR Ch. I (7–1–21 Edition)
least once during each consecutive 15 then dividing that sum by the total
second period. production during the same period.
Open clinker storage pile means a Run average means the average of the
clinker storage pile on the ground for recorded parameter values for a run.
more than three days that is not com- Shutdown means the cessation of kiln
pletely enclosed in a building or struc- operation. Shutdown begins when feed
ture. to the kiln is halted and ends when
Operating day means any 24-hour pe- continuous kiln rotation ceases.
riod beginning at 12:00 midnight during Sorbent means activated carbon,
which the kiln produces any amount of lime, or any other type of material in-
clinker. For calculating the 30-day jected into kiln exhaust for the pur-
rolling average emissions, kiln oper- poses of capturing and removing any
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. The 1989 Toxic Equivalency
Rolling average means the weighted Factors (TEFs) used to determine the
average of all data, meeting QA/QC re- dioxin and furan TEQs are listed in
quirements or otherwise normalized, Table 2 to subpart LLL of Part 63.
collected during the applicable aver- Total organic HAP means, for the pur-
aging period. The period of a rolling av- poses of this subpart, the sum of the
erage stipulates the frequency of data concentrations of compounds of form-
averaging and reporting. To dem- aldehyde, benzene, toluene, styrene, m-
onstrate compliance with an operating xylene, p-xylene, o-xylene, acetal-
dehyde, and naphthalene as measured
parameter a 30-day rolling average pe-
by EPA Test Method 320 or Method 18
riod requires calculation of a new aver-
of appendix A to this part or ASTM
age value each operating day and shall
D6348–03 1 or a combination of these
include the average of all the hourly
averages of the specific operating pa- 1 When using ASTM D6348–03, the following
rameter. For demonstration of compli-
conditions must be met:
ance with an emissions limit based on (1) The test plan preparation and imple-
pollutant concentration a 30-day roll- mentation in the Annexes to ASTM D6348–03,
ing average is comprised of the average Sections A1 through A8 are mandatory; (2)
of all the hourly average concentra- For ASTM D6348–03 Annex A5 (Analyte Spik-
tions over the previous 30 operating ing Technique), the percent R must be deter-
days. For demonstration of compliance mined for each target analyte (see Equation
A5.5); (3) For the ASTM D6348–03 test data to
with an emissions limit based on lbs-
be acceptable for a target analyte percent R
pollutant per production unit the 30- must be 70 percent ≥R ≤130 percent; and (4)
day rolling average is calculated by
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Environmental Protection Agency § 63.1343
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 20.2 ................ 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)).
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.
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percent R value for that compound using the by the calculated percent R value and then
following equation: Reported Result = The the whole term multiplied by 100.
measured concentration in the stack divided
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§ 63.1343 40 CFR Ch. I (7–1–21 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:
(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-
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Environmental Protection Agency § 63.1346
other equally effective cover or use of a under § 63.1343 must operate the in-line
vegetative cover. You must select, for kiln/raw mill, such that:
407
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§ 63.1346 40 CFR Ch. I (7–1–21 Edition)
(1) When the raw mill of the in-line mented in the test plan developed in
kiln/raw mill is operating, the applica- accordance with § 63.7(c), or
ble temperature limit for the main in- (ii) Maintain the minimum activated
line kiln/raw mill exhaust, specified in carbon injection carrier gas pressure
paragraph (b) of this section and estab- drop, as a rolling three-hour average,
lished during the performance test based on the manufacturer’s specifica-
when the raw mill was operating, is not tions. These specifications must be
exceeded, except during periods of documented in the test plan developed
startup and shutdown when the tem- in accordance with § 63.7(c).
perature limit may be exceeded by no (d) Except as provided in paragraph
more than 10 percent. (e) of this section, for an affected
(2) When the raw mill of the in-line source subject to a D/F emissions limi-
kiln/raw mill is not operating, the ap- tation under § 63.1343 that employs car-
plicable temperature limit for the
bon injection as an emission control
main in-line kiln/raw mill exhaust,
technique you must specify and use the
specified in paragraph (b) of this sec-
brand and type of sorbent used during
tion and established during the per-
the performance test until a subse-
formance test when the raw mill was
not operating, is not exceeded, except quent performance test is conducted,
during periods of startup/shutdown unless the site-specific performance
when the temperature limit may be ex- test plan contains documentation of
ceeded by no more than 10 percent. key parameters that affect adsorption
(3) If the in-line kiln/raw mill is and the owner or operator establishes
equipped with an alkali bypass, the ap- limits based on those parameters, and
plicable temperature limit for the al- the limits on these parameters are
kali bypass specified in paragraph (b) maintained.
of this section and established during (e) For an affected source subject to
the performance test, with or without a D/F emissions limitation under
the raw mill operating, is not exceeded, § 63.1343 that employs carbon injection
except during periods of startup/shut- as an emission control technique you
down when the temperature limit may may substitute, at any time, a dif-
be exceeded by no more than 10 per- ferent brand or type of sorbent pro-
cent. vided that the replacement has equiva-
(b) The temperature limit for af- lent or improved properties compared
fected sources meeting the limits of to the sorbent specified in the site-spe-
paragraph (a) of this section or para- cific performance test plan and used in
graphs (a)(1) through (a)(3) of this sec- the performance test. The owner or op-
tion is determined in accordance with erator must maintain documentation
§ 63.1349(b)(3)(iv). that the substitute sorbent will provide
(c) For an affected source subject to the same or better level of control as
a D/F emissions limitation under the original sorbent.
§ 63.1343 that employs sorbent injection (f) No kiln may use as a raw material
as an emission control technique for D/ or fuel any fly ash where the mercury
F control, you must operate the sor- content of the fly ash has been in-
bent injection system in accordance creased through the use of activated
with paragraphs (c)(1) and (2) of this carbon, or any other sorbent, unless
section. the facility can demonstrate that the
(1) The rolling three-hour average ac- use of that fly ash will not result in an
tivated sorbent injection rate must be increase in mercury emissions over
equal to or greater than the sorbent in-
baseline emissions (i.e., emissions not
jection rate determined in accordance
using the fly ash). The facility has the
with § 63.1349(b)(3)(vi).
burden of proving there has been no
(2) You must either:
emissions increase over baseline. Once
(i) Maintain the minimum activated
the kiln is in compliance with a mer-
carbon injection carrier gas flow rate,
cury emissions limit specified in
as a rolling three-hour average, based
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Environmental Protection Agency § 63.1348
must address periods of startup and (1) PM Compliance. If you are subject
shutdown. to limitations on PM emissions under
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§ 63.1348 40 CFR Ch. I (7–1–21 Edition)
drop) during the initial performance (5) Mercury Compliance. If you are
test and updated during any subse- subject to limitations on mercury
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Environmental Protection Agency § 63.1348
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
duration of each integrated sampling mill exhaust, and also testing the kiln
period, you may not be able to cal- exhaust diverted to the coal mill. All
culate the 30 kiln operating day emis- emissions must be added together for
sions value until several days after the all emission points, and must not ex-
end of the 30 kiln operating day per- ceed the limit per each pollutant as
formance test period. listed in § 63.1343(b).
(ii) For example, a sorbent trap mon- (b) Continuous Monitoring Require-
itoring system producing an integrated ments. You must demonstrate compli-
7-day sample will provide Hg con- ance with the emissions standards and
centration data for each hour of the operating limits by using the perform-
first 28 kiln operating days (i.e., four ance test methods and procedures in
values spanning 7 days each) of a 30 op- §§ 63.1350 and 63.8 for each affected
erating day period. The Hg concentra- source.
tion values for the hours of the last 2 (1) General Requirements. (i) You must
days of the 30 operating day period will monitor and collect data according to
not be available for calculating the § 63.1350 and the site-specific moni-
emissions for the performance test pe- toring plan required by § 63.1350(p).
riod until at least five days after the (ii) Except for periods of startup and
end of the subject period. shutdown, monitoring system malfunc-
(6) HCl Compliance. If you are subject tions, repairs associated with moni-
to limitations on HCl emissions under toring system malfunctions, and re-
§ 63.1343(b), you must demonstrate ini- quired monitoring system quality as-
tial compliance with the HCl standards surance or quality control activities
by using the performance test methods (including, as applicable, calibration
and procedures in § 63.1349(b)(6). checks and required zero and span ad-
(i) For an affected source that is justments), you must operate the mon-
equipped with a wet scrubber, tray itoring system and collect data at all
tower or dry scrubber, you may dem- required intervals at all times the af-
onstrate initial compliance by con- fected source is operating.
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ducting a performance test as specified (iii) You may not use data recorded
in § 63.1349(b)(6)(i). You must determine during monitoring system startup,
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§ 63.1348 40 CFR Ch. I (7–1–21 Edition)
system (CMS) that is installed, oper- (8) HCl Compliance. If you are subject
ated and maintained to record the tem- to limitations on HCl emissions under
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Environmental Protection Agency § 63.1349
§ 63.1343(b), you must demonstrate com- and other monitoring data that are re-
pliance using the performance test corded during the pretest operations.
methods and procedures in (i) You must provide the Adminis-
§ 63.1349(b)(6). trator written notice at least 60 days
(i) For an affected source that is not prior to undertaking an operational
equipped with a wet scrubber, tray change that may adversely affect com-
tower or a dry sorbent injection sys- pliance with an applicable standard
tem, you must demonstrate compliance under this subpart for any source, or as
using the monitoring methods and pro- soon as practicable where 60 days ad-
cedures in § 63.1350(l)(1). vance notice is not feasible. Notice pro-
(ii) For an affected source that is vided under this paragraph must in-
equipped with a wet scrubber, tray clude a description of the planned
tower or a dry sorbent injection sys- change, the emissions standards that
tem, you may demonstrate compliance may be affected by the change, and a
using the monitoring methods and pro- schedule for completion of the perform-
cedures in § 63.1350(l)(2). ance test required under paragraph
(iii) HCl may be measured either up- (c)(1) of this section, including when
stream of the coal mill or in the coal the planned operational change period
mill stack. would begin.
(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.
systems that control hazardous air pol- (d) General duty to minimize emissions.
lutants must be turned on and oper- At all times you must operate and
ating at the time the gas stream at the maintain any affected source, includ-
inlet to the baghouse or ESP reaches ing associated air pollution control
300 degrees Fahrenheit (five minute av- equipment and monitoring equipment,
erage) during startup. Temperature of in a manner consistent with safety and
the gas stream is to be measured at the good air pollution control practices for
inlet of the baghouse or ESP every minimizing emissions. Determination
minute. Such injection systems can be of whether such operation and mainte-
turned off during shutdown. Particu- nance procedures are being used will be
late control and all remaining devices based on information available to the
that control hazardous air pollutants Administrator which may include, but
should be operational during startup is not limited to, monitoring results,
and shutdown. review of operation and maintenance
(c) Changes in operations. (1) If you procedures, review of operation and
plan to undertake a change in oper- maintenance records, and inspection of
ations that may adversely affect com- the source.
pliance with an applicable standard,
[75 FR 55055, Sept. 9, 2010, as amended at 78
operating limit, or parametric moni- FR 10040, Feb. 12, 2013; 80 FR 44781, July 27,
toring value under this subpart, the 2015; 83 FR 35132, July 25, 2018]
source must conduct a performance
test as specified in § 63.1349(b). MONITORING AND COMPLIANCE
(2) In preparation for and while con- PROVISIONS
ducting a performance test required in
§ 63.1349(b), you may operate under the § 63.1349 Performance testing require-
planned operational change conditions ments.
for a period not to exceed 360 hours, (a) You must document performance
provided that the conditions in (c)(2)(i) test results in complete test reports
kpayne on VMOFRWIN702 with $$_JOB
through (c)(2)(iv) of this section are that contain the information required
met. You must submit temperature by paragraphs (a)(1) through (10) of this
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§ 63.1349 40 CFR Ch. I (7–1–21 Edition)
section, as well as all other relevant in- If your PM performance test dem-
formation. As described in § 63.7(c)(2)(i), onstrates your PM emission levels to
you must make available to the Ad- be below 75 percent of your emission
ministrator prior to testing, if re- limit you will use the average PM
quested, the site-specific test plan to CPMS value recorded during the PM
be followed during performance test- compliance test, the milliamp or dig-
ing. For purposes of determining ex- ital equivalent of zero output from
haust gas flow rate to the atmosphere your PM CPMS, and the average PM
from an alkali bypass stack or a coal result of your compliance test to estab-
mill stack, you must either install, op- lish your operating limit. If your PM
erate, calibrate and maintain an in- compliance test demonstrates your PM
strument for continuously measuring emission levels to be at or above 75 per-
and recording the exhaust gas flow rate cent of your emission limit you will
according to the requirements in para- use the average PM CPMS value re-
graphs § 63.1350(n)(1) through (10) of this corded during the PM compliance test
subpart or use the maximum design ex- to establish your operating limit. You
haust gas flow rate. For purposes of de- will use the PM CPMS to demonstrate
termining the combined emissions continuous compliance with your oper-
from kilns equipped with an alkali by- ating limit. You must repeat the per-
pass or that exhaust kiln gases to a formance test annually and reassess
coal mill that exhausts through a sepa- and adjust the site-specific operating
rate stack, instead of installing a limit in accordance with the results of
CEMS on the alkali bypass stack or the performance test.
coal mill stack, you may use the re- (A) Your PM CPMS must provide a 4–
sults of the initial and subsequent per- 20 milliamp or digital signal output
formance test to demonstrate compli- and the establishment of its relation-
ance with the relevant emissions limit. ship to manual reference method meas-
(1) A brief description of the process urements must be determined in units
and the air pollution control system; of milliamps or the monitors digital
(2) Sampling location description(s); equivalent.
(3) A description of sampling and an- (B) Your PM CPMS operating range
alytical procedures and any modifica- must be capable of reading PM con-
tions to standard procedures; centrations from zero to a level equiva-
(4) Test results; lent to three times your allowable
(5) Quality assurance procedures and emission limit. If your PM CPMS is an
results; auto-ranging instrument capable of
(6) Records of operating conditions multiple scales, the primary range of
during the performance test, prepara- the instrument must be capable of
tion of standards, and calibration pro- reading PM concentration from zero to
cedures; a level equivalent to three times your
(7) Raw data sheets for field sampling allowable emission limit.
and field and laboratory analyses; (C) During the initial performance
(8) Documentation of calculations; test or any such subsequent perform-
(9) All data recorded and used to es- ance test that demonstrates compli-
tablish parameters for monitoring; and ance with the PM limit, record and av-
(10) Any other information required erage all milliamp or digital output
by the performance test method. values from the PM CPMS for the peri-
(b)(1) PM emissions tests. The owner or ods corresponding to the compliance
operator of a kiln and clinker cooler test runs (e.g., average all your PM
subject to limitations on PM emissions CPMS output values for three cor-
shall demonstrate initial compliance responding Method 5I test runs).
by conducting a performance test using (ii) Determine your operating limit
Method 5 or Method 5I at appendix A– as specified in paragraphs (b)(1)(iii)
3 to part 60 of this chapter. You must through (iv) of this section. If your PM
also monitor continuous performance performance test demonstrates your
through use of a PM continuous para- PM emission levels to be below 75 per-
metric monitoring system (PM CPMS). cent of your emission limit you will
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(i) For your PM CPMS, you will es- use the average PM CPMS value re-
tablish a site-specific operating limit. corded during the PM compliance test,
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Environmental Protection Agency § 63.1349
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§ 63.1349 40 CFR Ch. I (7–1–21 Edition)
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).
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Environmental Protection Agency § 63.1349
n = The number of valid hourly parameter inline raw mill and a clinker cooler are
values collected over 30 kiln operating comingled, then the comingled exhaust
days.
stream must be tested with the raw
(vi) For each performance test, con- mill on and the raw mill off.
duct at least three separate test runs (vii) For PM performance test reports
under the conditions that exist when used to set a PM CPMS operating
the affected source is operating at the limit, the electronic submission of the
level reasonably expected to occur. test report must also include the make
Conduct each test run to collect a min- and model of the PM CPMS instru-
imum sample volume of 2 dscm for de- ment, serial number of the instrument,
termining compliance with a new analytical principle of the instrument
source limit and 1 dscm for deter- (e.g. beta attenuation), span of the in-
mining compliance with an existing struments primary analytical range,
source limit. Calculate the time milliamp value or digital equivalent to
weighted average of the results from the instrument zero output, technique
three consecutive runs, including appli-
by which this zero value was deter-
cable sources as required by paragraph
mined, and the average milliamp or
(b)(1)(viii) of this section, to determine
digital equivalent signals cor-
compliance. You need not determine
the particulate matter collected in the responding to each PM compliance test
impingers ‘‘back half’’ of the Method 5 run.
or Method 5I particulate sampling (viii) When there is an alkali bypass
train to demonstrate compliance with and/or an inline coal mill with a sepa-
the PM standards of this subpart. This rate stack associated with a kiln, the
shall not preclude the permitting au- main exhaust and alkali bypass and/or
thority from requiring a determination inline coal mill must be tested simul-
of the ‘‘back half’’ for other purposes. taneously and the combined emission
For kilns with inline raw mills, testing rate of PM from the kiln and alkali by-
must be conducted while the raw mill pass and/or inline coal mill must be
is on and while the raw mill is off. If computed for each run using Equation
the exhaust streams of a kiln with an 8 of this section.
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§ 63.1349 40 CFR Ch. I (7–1–21 Edition)
(ii) There are no more than three uous injection rate record(s) in the per-
readings of 10 percent for the first 1- formance test report. Determine the
hour period. sorbent injection rate parameters in
(3) D/F Emissions Tests. If you are sub- accordance with paragraph (b)(3)(vi) of
ject to limitations on D/F emissions this section.
under this subpart, you must conduct a (B) Include the brand and type of sor-
performance test using Method 23 of bent used during the performance test
appendix A–7 to part 60 of this chapter. in the performance test report.
If your kiln or in-line kiln/raw mill is (C) Maintain a continuous record of
equipped with an alkali bypass, you either the carrier gas flow rate or the
must conduct simultaneous perform- carrier gas pressure drop for the dura-
ance tests of the kiln or in-line kiln/ tion of the performance test. If the car-
raw mill exhaust and the alkali bypass. rier gas flow rate is used, determine,
You may conduct a performance test of record, and maintain a record of the
the alkali bypass exhaust when the raw accuracy of the carrier gas flow rate
mill of the in-line kiln/raw mill is oper- monitoring system according to the
ating or not operating. procedures in appendix A to part 75 of
(i) Each performance test must con- this chapter. If the carrier gas pressure
sist of three separate runs conducted drop is used, determine, record, and
under representative conditions. The maintain a record of the accuracy of
duration of each run must be at least 3 the carrier gas pressure drop moni-
hours, and the sample volume for each toring system according to the proce-
run must be at least 2.5 dscm (90 dscf). dures in § 63.1350(m)(6).
(ii) The temperature at the inlet to
the kiln or in-line kiln/raw mill PMCD, (vi) Calculate the run average sor-
and, where applicable, the temperature bent injection rate for each run and de-
at the inlet to the alkali bypass PMCD termine and include the average of the
must be continuously recorded during run average injection rates in the per-
the period of the Method 23 test, and formance test report and determine the
the continuous temperature record(s) applicable injection rate limit in ac-
must be included in the performance cordance with § 63.1346(c)(1).
test report. (4) THC emissions test. (i) If you are
(iii) Average temperatures must be subject to limitations on THC emis-
calculated for each run of the perform- sions, you must operate a CEMS in ac-
ance test. cordance with the requirements in
(iv) The run average temperature § 63.1350(i). For the purposes of con-
must be calculated for each run, and ducting the accuracy and quality as-
the average of the run average tem- surance evaluations for CEMS, the
peratures must be determined and in- THC span value (as propane) is 50 to 60
cluded in the performance test report ppmvw and the reference method (RM)
and will determine the applicable tem- is Method 25A of appendix A to part 60
perature limit in accordance with of this chapter.
§ 63.1346(b). (ii) Use the THC CEMS to conduct
(v)(A) If sorbent injection is used for the initial compliance test for the first
D/F control, you must record the rate 30 kiln operating days of kiln operation
of sorbent injection to the kiln ex- after the compliance date of the rule.
haust, and where applicable, the rate of See § 63.1348(a).
sorbent injection to the alkali bypass (iii) If kiln gases are diverted
exhaust, continuously during the pe- through an alkali bypass or to a coal
riod of the Method 23 test in accord- mill and exhausted through a separate
ance with the conditions in stack, you must calculate a kiln-spe-
§ 63.1350(m)(9), and include the contin- cific THC limit using Equation 9:
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Environmental Protection Agency § 63.1349
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:
the raw mill on and raw mill off condi- this rule in which the affected source
tions. operates using an HCl CEMS. Hourly
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Environmental Protection Agency § 63.1349
with the HCl limit, record and average tion. You must verify an existing oper-
the indicated ppm HCl output values ating limit or establish a new oper-
from the HCl CPMS for each of the six ating limit for each kiln, after each re-
periods corresponding to the compli- peated performance test.
ance test runs (e.g., average each of (C) If the average of your three Meth-
your HCl CPMS output values for six od 321 compliance test runs (for kilns
corresponding Method 321 test runs). without an inline raw mill) or the time
With the average values of the six test weighted average of your six Method
runs, calculate the average of the three 321 compliance test runs (for an kiln
mill on test runs and the average of the with an inline raw mill) is below 75 per-
three mill off test runs. Calculate the cent of your HCl emission limit, you
time weighted result using the average must calculate an operating limit by
of the three mill on tests and the aver- establishing a relationship of the aver-
age of the three mill off tests and the age HCl CPMS indicated ppm to the
previous annual ratio of mill on/mill Method 321 test average HCl concentra-
off operations. Kilns without an inline tion using the HCl CPMS instrument
raw mill will conduct three compliance zero, the average HCl CPMS indicated
tests and calculate the average mon- values corresponding to the three (for
itor output values corresponding to kilns without inline raw mills) or time
these three test runs and not use time weighted HCl CPMS indicated values
weighted values to determine their site corresponding to the six (for kilns with
specific operating limit. inline raw mills) compliance test runs,
(B) Determine your operating limit and the average HCl concentration (for
as specified in paragraphs (b)(6)(i) or kilns without raw mills) or average
(iii) of this section. If your HCl per- time weighted HCl concentration (for
formance test demonstrates your HCl kilns with inline raw mills) from the
emission levels to be below 75 percent Method 321 compliance test with the
of your emission limit, kilns with
procedures in paragraphs (b)(6)(v)(C)(1)
inline raw mills will use the time
through (5) of this section.
weighted average indicated HCl ppm
concentration CPMS value recorded (1) Determine your HCl CPMS instru-
during the HCl compliance test, the ment zero output with one of the fol-
zero value output from your HCl lowing procedures:
CPMS, and the time weighted average (i) Zero point data for in situ instru-
HCl result of your compliance test to ments should be obtained by removing
establish your operating limit. Kilns the instrument from the stack and
without inline raw mills will not use a monitoring ambient air on a test
time weighted average value to estab- bench.
lish their operating limit. If your time (ii) If neither of the steps in para-
weighted HCl compliance test dem- graphs (b)(6)(v)(C)(1)(i) through (ii) of
onstrates your HCl emission levels to this section are possible, you must use
be at or above 75 percent of your emis- a zero output value provided by the
sion limit, you will use the time manufacturer.
weighted HCl CPMS indicated ppm (2) If your facility does not have an
value recorded during the HCl compli- inline raw mill you will determine your
ance test to establish your operating HCl CPMS indicated average in HCl
limit. Kilns without inline raw mills ppm, and the average of your cor-
will not use time weighted compliance responding three HCl compliance test
test results to make this determina- runs, using equation 11a.
kpayne on VMOFRWIN702 with $$_JOB
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§ 63.1349 40 CFR Ch. I (7–1–21 Edition)
Where: (3) You will determine your HCl
Xi = The HCl CPMS data points for the three CPMS indicated average in HCl ppm,
(or six) runs constituting the perform- and the average of your corresponding
ance test; HCl compliance test runs, using equa-
Yi = The HCl concentration value for the tion 11b. If you have an inline raw mill,
three (or six) runs constituting the per- use this same equation to calculate a
formance test; and second three-test average for your mill
n = The number of data points. off CPMS and compliance test data.
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Environmental Protection Agency § 63.1349
R = The relative performance test concentra- ppmvd@7% O2) you must determine
tion per indicated ppm for your HCl your operating limit by averaging the
CPMS, from Equation 11c. HCl CPMS output corresponding to
(D) If the average of your HCl compli- your HCl performance test runs that
ance test runs is at or above 75 percent demonstrate compliance with the emis-
of your HCl emission limit (2.25 sion limit using Equation 11e.
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§ 63.1349 40 CFR Ch. I (7–1–21 Edition)
a = Average indicated HCl CPMS value dur- operating limit with paragraph
ing mill off operations ppm; and (b)(7)(vii) of this section your THC
(1¥t) = Fraction of operating time with mill CEMS must be calibrated and operated
off.
on a measurement scale no greater
(H) Paragraph (b)(6)(v) of this section than 180 ppmvw, as carbon, or 60
expires on July 25, 2017 at which time ppmvw as propane.
the owner or operator must dem- (v) If your kiln has an inline coal
onstrate compliance with paragraphs mill and/or an alkali bypass with sepa-
(b)(6)(i), (ii), or (iii). rate stacks, you are required to meas-
(7) Total Organic HAP Emissions Tests. ure and account for oHAP emissions
Instead of conducting the performance from their separate stacks. You are re-
test specified in paragraph (b)(4) of this quired to measure oHAP at the coal
section, you may conduct a perform- mill inlet or outlet and you must also
ance test to determine emissions of measure oHAP at the alkali bypass
total organic HAP by following the outlet. You must then calculate a flow
procedures in paragraphs (b)(7)(i) weighted average oHAP concentration
through (v) of this section. for all emission sources including the
(i) Use Method 320 of appendix A to inline coal mill and the alkali bypass.
this part, Method 18 of Appendix A of (vi) Your THC CEMS measurement
part 60, ASTM D6348–03 or a combina- scale must be capable of reading THC
tion to determine emissions of total or- concentrations from zero to a level
ganic HAP. Each performance test equivalent to two times your highest
must consist of three separate runs THC emissions average determined
under the conditions that exist when during your performance test, includ-
the affected source is operating at the ing mill on or mill off operation. Note:
representative performance conditions This may require the use of a dual
in accordance with § 63.7(e). Each run range instrument to meet this require-
must be conducted for at least 1 hour. ment and paragraph (b)(7)(iv) of this
(ii) At the same time that you are section.
conducting the performance test for (vii) Determine your operating limit
total organic HAP, you must also de- as specified in paragraphs (b)(7)(viii)
termine a site-specific THC emissions and (ix) of this section. If your organic
limit by operating a THC CEMS in ac- HAP performance test demonstrates
cordance with the requirements of your average organic HAP emission
§ 63.1350(j). The duration of the per- levels are below 75 percent of your
formance test must be at least 3 hours emission limit (9 ppmv) you will use
and the average THC concentration (as the average THC value recorded during
calculated from the recorded output) the organic HAP performance test, and
during the 3-hour test must be cal- the average total organic HAP result of
culated. You must establish your THC your performance test to establish
operating limit and determine compli- your operating limit. If your organic
ance with it according to paragraphs HAP compliance test results dem-
(b)(7)(vii) and (viii) of this section. It is onstrate that your average organic
permissible to extend the testing time HAP emission levels are at or above 75
of the organic HAP performance test if percent of your emission limit, your
you believe extended testing is re- operating limit is established as the
quired to adequately capture organic average THC value recorded during the
HAP and/or THC variability over time. organic HAP performance test. You
(iii) If your source has an in-line kiln/ must establish a new operating limit
raw mill you must use the fraction of after each performance test. You must
time the raw mill is on and the frac- repeat the performance test no later
tion of time that the raw mill is off and than 30 months following your last per-
calculate this limit as a weighted aver- formance test and reassess and adjust
age of the THC levels measured during the site-specific operating limit in ac-
three raw mill on and three raw mill cordance with the results of the per-
off tests. formance test.
(iv) If your organic HAP emissions (viii) If the average organic HAP re-
kpayne on VMOFRWIN702 with $$_JOB
are below 75 percent of the organic sults for your three Method 18 and/or
HAP standard and you determine your Method 320 performance test runs are
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Environmental Protection Agency § 63.1349
below 75 percent of your organic HAP and/or Method 320 performance test
emission limit, you must calculate an runs with the procedures in
operating limit by establishing a rela- (b)(7)(viii)(A) and (B) of this section.
tionship of THC CEMS signal to the or- (A) Determine the THC CEMS aver-
ganic HAP concentration using the av- age value in ppmvw, and the average of
erage THC CEMS value corresponding your corresponding three total organic
to the three organic HAP compliance HAP compliance test runs, using Equa-
test runs and the average organic HAP tion 12.
total concentration from the Method 18
i.
n = The number of data points.
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§ 63.1349 40 CFR Ch. I (7–1–21 Edition)
(x) If your kiln has an inline kiln/raw is on and the fraction of time that the
mill, you must conduct separate per- raw mill is off, calculate this limit as a
formance tests while the raw mill is weighted average of the THC levels
operating (‘‘mill on’’) and while the measured during raw mill on and raw
raw mill is not operating (‘‘mill off’’). mill off compliance testing with Equa-
Using the fraction of time the raw mill tion 15.
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Environmental Protection Agency § 63.1349
this section and in accordance with the paragraphs (b)(8)(vii) and (viii) of this
requirements of § 63.1350(l)(3). You must section.
establish an SO2 operating limit equal (iii) If your source has an in-line kiln/
to the average recorded during the HCl raw mill you must use the fraction of
stack test. This operating limit will time the raw mill is on and the frac-
apply only for demonstrating HCl com- tion of time that the raw mill is off and
pliance. calculate this limit as a weighted aver-
(i) Use Method 321 of appendix A to age of the SO2 levels measured during
this part to determine emissions of raw mill on and raw mill off testing.
HCl. Each performance test must con- (iv) Your SO2 CEMS must be cali-
sist of three separate runs under the brated and operated according to the
conditions that exist when the affected requirements of § 60.63(f).
source is operating at the representa- (v) Your SO2 CEMS measurement
tive performance conditions in accord- scale must be capable of reading SO2
ance with § 63.7(e). Each run must be concentrations consistent with the re-
conducted for at least one hour. quirements of § 60.63(f), including mill
(ii) At the same time that you are on or mill off operation.
conducting the performance test for (vi) If your kiln has an inline kiln/
HCl, you must also determine a site- raw mill, you must conduct separate
specific SO2 emissions limit by oper- performance tests while the raw mill is
ating an SO2 CEMS in accordance with operating (‘‘mill on’’) and while the
the requirements of § 63.1350(l). The du- raw mill is not operating (‘‘mill off’’).
ration of the performance test must be Using the fraction of time that the raw
three hours and the average SO2 con- mill is on and the fraction of time that
centration (as calculated from the av- the raw mill is off, calculate this limit
erage output) during the 3-hour test as a weighted average of the SO2 levels
must be calculated. You must establish measured during raw mill on and raw
your SO2 operating limit and deter- mill off compliance testing with Equa-
mine compliance with it according to tion 17.
erage HCl concentration from the HCl output value provided by the manufac-
compliance test with the procedures in turer.
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§ 63.1349 40 CFR Ch. I (7–1–21 Edition)
(B) Determine your SO2 CEMS in- compliance test runs, using Equation
strument average ppmv, and the aver- 18.
age of your corresponding three HCl
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Environmental Protection Agency § 63.1350
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§ 63.1350 40 CFR Ch. I (7–1–21 Edition)
the instrument, or if you replace the rates in tons-mass per hour of the
instrument itself or any principle ana- amount of clinker produced. The sys-
lytical component of the instrument tem of measuring hourly clinker pro-
that would alter the relationship of duction must be maintained within ±5
output signal to in-stack PM con- percent accuracy, or
centration. (ii) Install, calibrate, maintain, and
(ii) To determine continuous compli- operate a permanent weigh scale sys-
ance, you must use the PM CPMS out- tem to measure and record weight
put data for all periods when the proc- rates in tons-mass per hour of the
ess is operating and the PM CPMS is amount of feed to the kiln. The system
not out-of-control. You must dem- of measuring feed must be maintained
onstrate continuous compliance by within ±5 percent accuracy. Calculate
using all quality-assured hourly aver- your hourly clinker production rate
age data collected by the PM CPMS for using a kiln-specific feed to clinker
all operating hours to calculate the ratio based on reconciled clinker pro-
arithmetic average operating param- duction determined for accounting pur-
eter in units of the operating limit poses and recorded feed rates. Update
(milliamps) on a 30 operating day roll- this ratio monthly. Note that if this
ing average basis, updated at the end of ratio changes at clinker reconciliation,
each new kiln operating day. you must use the new ratio going for-
(iii) For any exceedance of the 30 ward, but you do not have to retro-
process operating day PM CPMS aver- actively change clinker production
age value from the established oper- rates previously estimated.
ating parameter limit, you must: (iii) [Reserved]
(A) Within 48 hours of the exceed-
(2) Determine, record, and maintain a
ance, visually inspect the APCD;
record of the accuracy of the system of
(B) If inspection of the APCD identi-
measuring hourly clinker production
fies the cause of the exceedance, take
(or feed mass flow if applicable) before
corrective action as soon as possible
initial use (for new sources) or by the
and return the PM CPMS measurement
effective compliance date of this rule
to within the established value; and
(C) Within 30 days of the exceedance (for existing sources). During each
or at the time of the annual compli- quarter of source operation, you must
ance test, whichever comes first, con- determine, record, and maintain a
duct a PM emissions compliance test record of the ongoing accuracy of the
to determine compliance with the PM system of measuring hourly clinker
emissions limit and to verify or re-es- production (or feed mass flow).
tablish the PM CPMS operating limit (3) If you measure clinker production
within 45 days. You are not required to directly, record the daily clinker pro-
conduct additional testing for any duction rates; if you measure the kiln
exceedances that occur between the feed rates and calculate clinker pro-
time of the original exceedance and the duction, record the hourly kiln feed
PM emissions compliance test required and clinker production rates.
under this paragraph. (4) Develop an emissions monitoring
(iv) PM CPMS exceedances leading to plan in accordance with paragraphs
more than four required performance (p)(1) through (p)(4) of this section.
tests in a 12-month process operating (e) [Reserved]
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-
kpayne on VMOFRWIN702 with $$_JOB
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.
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Environmental Protection Agency § 63.1350
(1)(i) You must conduct a monthly 10- of appendix A–7 to part 60 of this chap-
minute visible emissions test of each ter, according to the requirements of
affected source in accordance with paragraphs (f)(1)(i) through (iv) of this
Method 22 of appendix A–7 to part 60 of section for each such conveying system
this chapter. The performance test transfer point located within the build-
must be conducted while the affected ing, or for the building itself, according
source is in operation. to paragraph (f)(1)(vii) of this section.
(ii) If no visible emissions are ob- (vii) If visible emissions from a build-
served in six consecutive monthly tests ing are monitored, the requirements of
for any affected source, the owner or paragraphs (f)(1)(i) through (f)(1)(iv) of
operator may decrease the frequency of this section apply to the monitoring of
performance testing from monthly to the building, and you must also test
semi-annually for that affected source. visible emissions from each side, roof,
If visible emissions are observed during and vent of the building for at least 10
any semi-annual test, you must resume minutes.
performance testing of that affected (2)(i) For a raw mill or finish mill,
source on a monthly basis and main- you must monitor opacity by con-
tain that schedule until no visible ducting daily visible emissions obser-
emissions are observed in six consecu- vations of the mill sweep and air sepa-
tive monthly tests. rator PM control devices (PMCD) of
(iii) If no visible emissions are ob- these affected sources in accordance
served during the semi-annual test for with the procedures of Method 22 of ap-
any affected source, you may decrease pendix A–7 to part 60 of this chapter.
the frequency of performance testing The duration of the Method 22 perform-
from semi-annually to annually for ance test must be 6 minutes.
that affected source. If visible emis-
(ii) Within 24 hours of the end of the
sions are observed during any annual
Method 22 performance test in which
performance test, the owner or oper-
visible emissions were observed, the
ator must resume performance testing
owner or operator must conduct a fol-
of that affected source on a monthly
low up Method 22 performance test of
basis and maintain that schedule until
no visible emissions are observed in six each stack from which visible emis-
consecutive monthly tests. sions were observed during the pre-
(iv) If visible emissions are observed vious Method 22 performance test.
during any Method 22 performance (iii) If visible emissions are observed
test, of appendix A–7 to part 60 of this during the follow-up Method 22 per-
chapter, you must conduct 30 minutes formance test required by paragraph
of opacity observations, recorded at 15- (f)(2)(ii) of this section from any stack
second intervals, in accordance with from which visible emissions were ob-
Method 9 of appendix A–4 to part 60 of served during the previous Method 22
this chapter. The Method 9 perform- performance test required by para-
ance test, of appendix A–4 to part 60 of graph (f)(2)(i) of the section, you must
this chapter, must begin within 1 hour then conduct an opacity test of each
of any observation of visible emissions. stack from which emissions were ob-
(v) Any totally enclosed conveying served during the follow up Method 22
system transfer point, regardless of the performance test in accordance with
location of the transfer point is not re- Method 9 of appendix A–4 to part 60 of
quired to conduct Method 22 visible this chapter. The duration of the Meth-
emissions monitoring under this para- od 9 test must be 30 minutes.
graph. The enclosures for these trans- (3) If visible emissions are observed
fer points must be operated and main- during any Method 22 visible emissions
tained as total enclosures on a con- test conducted under paragraphs (f)(1)
tinuing basis in accordance with the fa- or (2) of this section, you must initiate,
cility operations and maintenance within one-hour, the corrective actions
plan. specified in your operation and mainte-
(vi) If any partially enclosed or nance plan as required in § 63.1347.
unenclosed conveying system transfer (4) The requirements under para-
kpayne on VMOFRWIN702 with $$_JOB
point is located in a building, you must graph (f)(2) of this section to conduct
conduct a Method 22 performance test, daily Method 22 testing do not apply to
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§ 63.1350 40 CFR Ch. I (7–1–21 Edition)
any specific raw mill or finish mill bypass, if applicable, at the inlet to the
equipped with a COMS or BLDS. kiln and/or alkali bypass PMCD.
(i) If the owner or operator chooses (3) The required minimum data col-
to install a COMS in lieu of conducting lection frequency must be one minute.
the daily visible emissions testing re- (4) Every hour, record the calculated
quired under paragraph (f)(2) of this rolling three-hour average temperature
section, then the COMS must be in- using the average of 180 successive one-
stalled at the outlet of the PM control minute average temperatures. See
device of the raw mill or finish mill § 63.1349(b)(3).
and the COMS must be installed, main-
(5) When the operating status of the
tained, calibrated, and operated as re-
raw mill of the in-line kiln/raw mill is
quired by the general provisions in sub-
changed from off to on or from on to
part A of this part and according to
PS–1 of appendix B to part 60 of this off, the calculation of the three-hour
chapter. rolling average temperature must
(ii) If you choose to install a BLDS in begin anew, without considering pre-
lieu of conducting the daily visible vious recordings.
emissions testing required under para- (h) Monitoring requirements for sources
graph (f)(2) of this section, the require- using sorbent injection. If you are sub-
ments in paragraphs (m)(1) through ject to an operating limit on D/F emis-
(m)(4), (m)(10) and (m)(11) of this sec- sions that employs carbon injection as
tion apply. an emission control technique, you
(g) D/F monitoring requirements. If you must comply with the additional moni-
are subject to an emissions limitation toring requirements of paragraphs
on D/F emissions, you must comply (h)(1) and (h)(2) and paragraphs (m)(1)
with the monitoring requirements of through (m)(4) and (m)(9) of this sec-
paragraphs (g)(1) through (5) and (m)(1) tion. You must also develop an emis-
through (4) of this section to dem- sions monitoring plan in accordance
onstrate continuous compliance with with paragraphs (p)(1) through (p)(4) of
the D/F emissions standard. You must this section.
also develop an emissions monitoring (1) Install, operate, calibrate, and
plan in accordance with paragraphs maintain a continuous monitor to
(p)(1) through (4) of this section. record the rate of activated carbon in-
(1) You must install, calibrate, main- jection. The accuracy of the rate meas-
tain, and continuously operate a CMS urement device must be ±1 percent of
to record the temperature of the ex- the rate being measured.
haust gases from the kiln and alkali (i) Verify the calibration of the de-
bypass, if applicable, at the inlet to, or vice at least once every three months.
upstream of, the kiln and/or alkali by- (ii) Each hour, calculate the three-
pass PMCDs.
hour rolling average activated carbon
(i) The temperature recorder re-
injection rate for the previous three
sponse range must include zero and 1.5
hours of process operation. See
times the average temperature estab-
§ 63.1349(b)(3).
lished according to the requirements in
§ 63.1349(b)(3)(iv). (iii) When the operating status of the
(ii) The calibration reference for the raw mill of the in-line kiln/raw mill is
temperature measurement must be a changed from off to on or from on to
National Institute of Standards and off, the calculation of the three-hour
Technology calibrated reference ther- rolling average activated carbon injec-
mocouple-potentiometer system or al- tion rate must begin anew, without
ternate reference, subject to approval considering previous recordings.
by the Administrator. (2)(i) Install, operate, calibrate, and
(iii) The calibration of all maintain a continuous monitor to
thermocouples and other temperature record the activated carbon injection
sensors must be verified at least once system carrier gas parameter (either
every three months. the carrier gas flow rate or the carrier
(2) You must monitor and continu- gas pressure drop) established during
kpayne on VMOFRWIN702 with $$_JOB
ously record the temperature of the ex- the D/F performance test in accordance
haust gases from the kiln and alkali with § 63.1349(b)(3).
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Environmental Protection Agency § 63.1350
part. You must operate and maintain ond span with the exception that a
each CEMS according to the quality as- RATA with the mill off is not required.
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§ 63.1350 40 CFR Ch. I (7–1–21 Edition)
(ii) Quality assure any data above the 10 percent of the certified value of the
span value by proving instrument lin- reference gas. If the value measured by
earity beyond the span value estab- the Hg CEMS during the above span
lished in paragraph (k)(1) of this sec- linearity challenge exceeds ±10 percent
tion using the following procedure. of the certified value of the reference
Conduct a weekly ‘‘above span lin- gas, the monitoring system must be
earity’’ calibration challenge of the evaluated and repaired and a new
monitoring system using a reference ‘‘above span linearity’’ challenge met
gas with a certified value greater than before returning the Hg CEMS to serv-
your highest expected hourly con- ice, or data above span from the Hg
centration or greater than 75 percent of CEMS must be subject to the quality
the highest measured hourly con- assurance procedures established in
centration. The ‘‘above span’’ reference paragraph (k)(2)(iii) of this section. In
gas must meet the requirements of PS this manner all hourly average values
12A, Section 7.1 and must be introduced exceeding the span value measured by
to the measurement system at the the Hg CEMS during the week fol-
probe. Record and report the results of lowing the above span linearity chal-
this procedure as you would for a daily lenge when the CEMS response exceeds
calibration. The ‘‘above span linearity’’ ±20 percent of the certified value of the
challenge is successful if the value reference gas must be normalized using
measured by the Hg CEMS falls within Equation 22.
(iii) Quality assure any data above the Hg CEMS exceeds 20 percent of the
the span value established in paragraph certified value of the reference gas,
(k)(1) of this section using the fol- then you must normalize the one-hour
lowing procedure. Any time two con- average stack gas values measured
secutive 1-hour average measured con- above the span during the 24-hour pe-
centrations of Hg exceeds the span riod preceding or following the ‘‘above
value you must, within 24 hours before span’’ calibration for reporting based
or after, introduce a higher, ‘‘above on the Hg CEMS response to the ref-
span’’ Hg reference gas standard to the erence gas as shown in Equation 22.
Hg CEMS. The ‘‘above span’’ reference
Only one ‘‘above span’’ calibration is
gas must meet the requirements of PS
needed per 24-hour period.
12A, Section 7.1, must target a con-
centration level between 50 and 150 per- (3) You must operate and maintain
cent of the highest expected hourly each Hg CEMS or an integrated sorbent
concentration measured during the pe- trap monitoring system according to
riod of measurements above span, and the quality assurance requirements in
must be introduced at the probe. While Procedure 5 of appendix F to part 60 of
this target represents a desired con- this chapter. During the RATA of inte-
centration range that is not always grated sorbent trap monitoring sys-
achievable in practice, it is expected tems required under Procedure 5, you
that the intent to meet this range is may apply the appropriate exception
demonstrated by the value of the ref- for sorbent trap section 2 breakthrough
erence gas. Expected values may in- in (k)(3)(i) through (iv) of this section:
clude ‘‘above span’’ calibrations done (i) For stack Hg concentrations >1 μg/
before or after the above span measure- dscm, ≤10% of section 1 mass;
ment period. Record and report the re- (ii) For stack Hg concentrations ≤1
sults of this procedure as you would for μg/dscm and >0.5 μg/dscm, ≤20% of sec-
a daily calibration. The ‘‘above span’’ tion 1 mass;
calibration is successful if the value
(iii) For stack Hg concentrations ≤0.5
measured by the Hg CEMS is within 20
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Environmental Protection Agency § 63.1350
(iv) For stack Hg concentrations ≤0.1 until two consecutive annual tests are
μg/dscm, no breakthrough criterion as- below the method detection limit.
suming all other QA/QC specifications (6) If you operate an integrated sor-
are met. bent trap monitoring system con-
(4) Relative accuracy testing of mer- forming to PS 12B, you may use a mon-
cury monitoring systems under PS 12A, itoring period at least 24 hours but no
PS 12B, or Procedure 5 must be con- longer than 168 hours in length. You
ducted at normal operating conditions. should use a monitoring period that is
If a facility has an inline raw mill, the a multiple of 24 hours (except during
testing must occur with the raw mill relative accuracy testing as allowed in
on. PS 12B).
(5) If you use a Hg CEMS or an inte- (l) HCl Monitoring Requirements. If
grated sorbent trap monitoring system, you are subject to an emissions limita-
you must install, operate, calibrate, tion on HCl emissions in § 63.1343, you
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 (PS) 15 or PS 18 of appendix B to
Method 30B, to measure the concentra- part 60 of this chapter, or, upon pro-
tion of mercury in the gases exhausted mulgation, in accordance with any
from the alkali bypass and coal mill. other performance specification for
(ii) On a continuous basis, determine HCl CEMS in appendix B to part 60 of
the mass emissions of mercury in lb/hr this chapter. You must operate, main-
from the alkali bypass and coal mill tain, and quality assure a HCl CEMS
exhausts by using the mercury hourly installed and certified under PS 15 ac-
emissions rate and the exhaust gas cording to the quality assurance re-
flow rate to calculate hourly mercury quirements in Procedure 1 of appendix
emissions in lb/hr. F to part 60 of this chapter except that
(iii) Sum the hourly mercury emis- the Relative Accuracy Test Audit re-
sions from the kiln, alkali bypass and quirements of Procedure 1 must be re-
coal mill to determine total mercury placed with the validation require-
emissions. Using hourly clinker pro- ments and criteria of sections 11.1.1
duction, calculate the hourly emissions and 12.0 of PS 15. If you choose to in-
rate in pounds per ton of clinker to de- stall and operate an HCl CEMS in ac-
termine your 30 day rolling average. cordance with PS 18, 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 this part as the reference
kali bypasses to once every 30 months. test method for conducting relative ac-
If the measured mercury concentration curacy testing. The span value and
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§ 63.1350 40 CFR Ch. I (7–1–21 Edition)
HCl CEMS other than those installed value of the reference gas, the moni-
and certified under PS 15 or PS 18. toring system must be evaluated and
(i) You must use a measurement span repaired and a new ‘‘above span lin-
value for any HCl CEMS of 0–10 ppmvw earity’’ challenge met before returning
unless the monitor is installed on a the HCl CEMS to service, or data above
kiln without an inline raw mill. Kilns span from the HCl CEMS must be sub-
without an inline raw mill may use a ject to the quality assurance proce-
higher span value sufficient to quantify dures established in paragraph
all expected emissions concentrations. (l)(1)(ii)(D) of this section. Any HCl
The HCl CEMS data recorder output CEMS above span linearity challenge
range must include the full range of ex- response exceeding ±20 percent of the
pected HCl concentration values which certified value of the reference gas re-
would include those expected during quires that all above span hourly aver-
‘‘mill off’’ conditions. The cor- ages during the week following the
responding data recorder range shall be above span linearity challenge must be
documented in the site-specific moni- normalized using Equation 23.
toring plan and associated records. (C) Quality assure any data above the
(ii) In order to quality assure data span value established in paragraph
measured above the span value, you (l)(1)(i) of this section using the fol-
must use one of the three options in lowing procedure. Any time two con-
paragraphs (l)(1)(ii)(A) through (C) of secutive one-hour average measured
this section. concentration of HCl exceeds the span
(A) Include a second span that en- value you must, within 24 hours before
compasses the HCl emission concentra- or after, introduce a higher, ‘‘above
tions expected to be encountered dur- span’’ HCl reference gas standard to
ing ‘‘mill off’’ conditions. This second the HCl CEMS. The ‘‘above span’’ ref-
span may be rounded to a multiple of 5 erence gas must meet the requirements
ppm of total HCl. The requirements of of the applicable performance speci-
the appropriate HCl monitor perform- fication and target a concentration
ance specification shall be followed for level between 50 and 150 percent of the
this second span with the exception highest expected hourly concentration
that a RATA with the mill off is not measured during the period of measure-
required. ments above span, and must be intro-
(B) Quality assure any data above the duced at the probe. While this target
span value by proving instrument lin- represents a desired concentration
earity beyond the span value estab- range that is not always achievable in
lished in paragraph (l)(1)(i) of this sec- practice, it is expected that the intent
tion using the following procedure. to meet this range is demonstrated by
Conduct a weekly ‘‘above span lin- the value of the reference gas. Ex-
earity’’ calibration challenge of the pected values may include above span
monitoring system using a reference calibrations done before or after the
gas with a certified value greater than above-span measurement period.
your highest expected hourly con- Record and report the results of this
centration or greater than 75 percent of procedure as you would for a daily cali-
the highest measured hourly con- bration. The ‘‘above span’’ calibration
centration. The ‘‘above span’’ reference is successful if the value measured by
gas must meet the requirements of the the HCl CEMS is within 20 percent of
applicable performance specification the certified value of the reference gas.
and must be introduced to the meas- If the value measured by the HCl CEMS
urement system at the probe. Record is not within 20 percent of the certified
and report the results of this procedure value of the reference gas, then you
as you would for a daily calibration. must normalize the stack gas values
The ‘‘above span linearity’’ challenge measured above span as described in
is successful if the value measured by paragraph (l)(1)(ii)(D) of this section.
the HCl CEMS falls within 10 percent of (D) In the event that the ‘‘above
the certified value of the reference gas. span’’ calibration is not successful (i.e.,
If the value measured by the HCl CEMS the HCl CEMS measured value is not
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during the above span linearity chal- within 20 percent of the certified value
lenge exceeds 10 percent of the certified of the reference gas), then you must
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Environmental Protection Agency § 63.1350
normalize the one-hour average stack for reporting based on the HCl CEMS
gas values measured above the span response to the reference gas as shown
during the 24-hour period preceding or in Equation 23:
following the ‘above span’ calibration
Only one ‘‘above span’’ calibration is ment to within the established value;
needed per 24-hour period. and
(2) Install, operate, and maintain a (iii) Within 30 days of the exceedance
CMS to monitor wet scrubber or tray or at the time of the annual compli-
tower parameters, as specified in para- ance test, whichever comes first, con-
graphs (m)(5) and (7) of this section, duct an HCl emissions compliance test
and dry scrubber, as specified in para- to determine compliance with the HCl
graph (m)(9) of this section. emissions limit and to verify or rees-
(3) If the source is equipped with a tablish the HCl CPMS operating limit
wet or dry scrubber or tray tower, and within 45 days. You are not required to
you choose to monitor SO2 emissions, conduct additional testing for any
monitor SO2 emissions continuously exceedances that occur between the
according to the requirements of time of the original exceedance and the
§ 60.63(e) and (f) of this chapter. If SO2 HCl emissions compliance test required
levels increase above the 30-day rolling under this paragraph.
average SO2 operating limit estab- (iv) HCl CPMS exceedances leading
lished during your performance test by to more than four required perform-
10 percent or more, you must: ance tests in a 12-month process oper-
ating period (rolling monthly) con-
(i) As soon as possible but no later
stitute a presumptive violation of this
than 30 days after you exceed the es-
subpart.
tablished SO2 value conduct an inspec-
(m) Parameter monitoring requirements.
tion and take corrective action to re-
If you have an operating limit that re-
turn the SO2 emissions to within the
quires the use of a CMS, you must in-
operating limit; and
stall, operate, and maintain each con-
(ii) Within 90 days of the exceedance tinuous parameter monitoring system
or at the time of the next compliance (CPMS) according to the procedures in
test, whichever comes first, conduct an paragraphs (m)(1) through (4) of this
HCl emissions compliance test to de- section by the compliance date speci-
termine compliance with the HCl emis- fied in § 63.1351. You must also meet the
sions limit and to verify or re-establish applicable specific parameter moni-
the SO2 CEMS operating limit. toring requirements in paragraphs
(4) If you monitor continuous per- (m)(5) through (11) that are applicable
formance through the use of an HCl to you.
CPMS according to paragraphs (1) The CMS must complete a min-
(b)(6)(v)(A) through (H) of § 63.1349, for imum of one cycle of operation for
any exceedance of the 30 kiln operating each successive 15-minute period. You
day HCl CPMS average value from the must have a minimum of four succes-
established operating limit, you must: sive cycles of operation to have a valid
(i) Within 48 hours of the exceedance, hour of data.
visually inspect the APCD; (2) You must conduct all monitoring
(ii) If inspection of the APCD identi- in continuous operation at all times
fies the cause of the exceedance, take that the unit is operating.
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corrective action as soon as possible (3) Determine the 1-hour block aver-
and return the HCl CPMS measure- age of all recorded readings.
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§ 63.1350 40 CFR Ch. I (7–1–21 Edition)
(4) Record the results of each inspec- (iii) Check the pH meter’s calibration
tion, calibration, and validation check. on at least two points every 8 hours of
(5) Liquid flow rate monitoring require- process operation.
ments. If you have an operating limit (8) [Reserved]
that requires the use of a flow meas- (9) Mass flow rate (for sorbent injection)
urement device, you must meet the re- monitoring requirements. If you have an
quirements in paragraphs (m)(5)(i) operating limit that requires the use of
through (iv) of this section. equipment to monitor sorbent injec-
(i) Locate the flow sensor and other tion rate (e.g., weigh belt, weigh hop-
necessary equipment in a position that per, or hopper flow measurement de-
provides a representative flow. vice), you must meet the requirements
(ii) Use a flow sensor with a measure- in paragraphs (m)(9)(i) through (iii) of
ment sensitivity of 2 percent of the this section. These requirements also
flow rate. apply to the sorbent injection equip-
(iii) Reduce swirling flow or abnor- ment of a dry scrubber.
mal velocity distributions due to up- (i) Locate the device in a position(s)
stream and downstream disturbances. that provides a representative meas-
(iv) Conduct a flow sensor calibration urement of the total sorbent injection
check at least semiannually. rate.
(6) Specific pressure monitoring require- (ii) Install and calibrate the device in
ments. If you have an operating limit accordance with manufacturer’s proce-
that requires the use of a pressure dures and specifications.
measurement device, you must meet (iii) At least annually, calibrate the
the requirements in paragraphs device in accordance with the manufac-
(m)(6)(i) through (vi) of this section. turer’s procedures and specifications.
(i) Locate the pressure sensor(s) in a (10) Bag leak detection monitoring re-
position that provides a representative quirements. If you elect to use a fabric
measurement of the pressure. filter bag leak detection system to
(ii) Minimize or eliminate pulsating comply with the requirements of this
pressure, vibration, and internal and subpart, you must install, calibrate,
external corrosion. maintain, and continuously operate a
(iii) Use a gauge with a minimum tol- BLDS as specified in paragraphs
erance of 1.27 centimeters of water or a (m)(10)(i) through (viii) of this section.
transducer with a minimum tolerance (i) You must install and operate a
of 1 percent of the pressure range. BLDS for each exhaust stack of the
(iv) Check pressure tap pluggage fabric filter.
daily. (ii) Each BLDS must be installed, op-
(v) Using a manometer, check gauge erated, calibrated, and maintained in a
calibration quarterly and transducer manner consistent with the manufac-
calibration monthly. turer’s written specifications and rec-
(vi) Conduct calibration checks any ommendations and in accordance with
time the sensor exceeds the manufac- the guidance provided in EPA–454/R–98–
turer’s specified maximum operating 015, September 1997.
pressure range or install a new pres- (iii) The BLDS must be certified by
sure sensor. the manufacturer to be capable of de-
(7) Specific pH monitoring requirements. tecting PM emissions at concentra-
If you have an operating limit that re- tions of 10 or fewer milligrams per ac-
quires the use of a pH measurement de- tual cubic meter.
vice, you must meet the requirements (iv) The BLDS sensor must provide
in paragraphs (m)(7)(i) through (iii) of output of relative or absolute PM load-
this section. ings.
(i) Locate the pH sensor in a position (v) The BLDS must be equipped with
that provides a representative meas- a device to continuously record the
urement of wet scrubber or tray tower output signal from the sensor.
effluent pH. (vi) The BLDS must be equipped with
(ii) Ensure the sample is properly an alarm system that will alert an op-
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Environmental Protection Agency § 63.1350
level is detected. The alarm must be lo- the system that senses the volumetric
cated such that the alert is detected flow rate and generates an output pro-
and recognized easily by an operator. portional to that flow rate.
(vii) For positive pressure fabric fil- (2) The flow rate monitoring system
ter systems that do not duct all com- must be designed to measure the ex-
partments of cells to a common stack, haust flow rate over a range that ex-
a BLDS must be installed in each tends from a value of at least 20 per-
baghouse compartment or cell. cent less than the lowest expected ex-
(viii) Where multiple bag leak detec- haust flow rate to a value of at least 20
tors are required, the system’s instru- percent greater than the highest ex-
mentation and alarm may be shared pected exhaust flow rate.
among detectors. (3) [Reserved]
(11) For each BLDS, the owner or op- (4) The flow rate monitoring system
erator must initiate procedures to de- must be equipped with a data acquisi-
termine the cause of every alarm with- tion and recording system that is capa-
in 8 hours of the alarm. The owner or ble of recording values over the entire
operator must alleviate the cause of range specified in paragraph (n)(2) of
the alarm within 24 hours of the alarm this section.
by taking whatever corrective action(s) (5) The signal conditioner, wiring,
are necessary. Corrective actions may power supply, and data acquisition and
include, but are not limited to the fol- recording system for the flow rate
lowing: monitoring system must be compatible
(i) Inspecting the fabric filter for air with the output signal of the flow rate
leaks, torn or broken bags or filter sensors used in the monitoring system.
media, or any other condition that
(6) The flow rate monitoring system
may cause an increase in PM emis-
must be designed to complete a min-
sions;
imum of one cycle of operation for
(ii) Sealing off defective bags or filter
each successive 15-minute period.
media;
(7) The flow rate sensor must have
(iii) Replacing defective bags or filter
provisions to determine the daily zero
media or otherwise repairing the con-
and upscale calibration drift (CD) (see
trol device;
sections 3.1 and 8.3 of Performance
(iv) Sealing off a defective fabric fil-
Specification 2 in appendix B to Part 60
ter compartment;
of this chapter for a discussion of CD).
(v) Cleaning the BLDS probe or oth-
erwise repairing the BLDS; or (i) Conduct the CD tests at two ref-
(vi) Shutting down the process pro- erence signal levels, zero (e.g., 0 to 20
ducing the PM emissions. percent of span) and upscale (e.g., 50 to
(n) Continuous Flow Rate Monitoring 70 percent of span).
System. You must install, operate, cali- (ii) The absolute value of the dif-
brate, and maintain instruments, ac- ference between the flow monitor re-
cording to the requirements in para- sponse and the reference signal must be
graphs (n)(1) through (10) of this sec- equal to or less than 3 percent of the
tion, for continuously measuring and flow monitor span.
recording the stack gas flow rate to (8) You must perform an initial rel-
allow determination of the pollutant ative accuracy test of the flow rate
mass emissions rate to the atmosphere monitoring system according to Sec-
from sources subject to an emissions tion 8.2 of Performance Specification 6
limitation that has a pounds per ton of of appendix B to part 60 of the chapter
clinker unit and that is required to be with the exceptions in paragraphs
monitored by a CEMS. (n)(8)(i) and (n)(8)(ii) of this section.
(1) You must install each sensor of (i) The relative accuracy test is to
the flow rate monitoring system in a evaluate the flow rate monitoring sys-
location that provides representative tem alone rather than a continuous
measurement of the exhaust gas flow emission rate monitoring system.
rate at the sampling location of the (ii) The relative accuracy of the flow
mercury CEMS, taking into account rate monitoring system shall be no
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§ 63.1350 40 CFR Ch. I (7–1–21 Edition)
(9) You must verify the accuracy of the limit, and how the limit is to be
the flow rate monitoring system at calculated; and
least once per year by repeating the (iii) Data or information docu-
relative accuracy test specified in menting that the alternative moni-
paragraph (n)(8). toring requirement would provide
(10) You must operate the flow rate equivalent or better assurance of com-
monitoring system and record data pliance with the relevant emission
during all periods of operation of the standard.
affected facility including periods of (4) The Administrator will notify you
startup, shutdown, and malfunction, of the approval or denial of the applica-
except for periods of monitoring sys- tion within 90 calendar days after re-
tem malfunctions, repairs associated
ceipt of the original request, or within
with monitoring system malfunctions,
60 calendar days of the receipt of any
and required monitoring system qual-
supplementary information, whichever
ity assurance or quality control activi-
ties (including, as applicable, calibra- is later. The Administrator will not ap-
tion checks and required zero and span prove an alternate monitoring applica-
adjustments). tion unless it would provide equivalent
(o) Alternate monitoring requirements or better assurance of compliance with
approval. You may submit an applica- the relevant emission standard. Before
tion to the Administrator for approval disapproving any alternate monitoring
of alternate monitoring requirements application, the Administrator will
to demonstrate compliance with the provide:
emission standards of this subpart sub- (i) Notice of the information and
ject to the provisions of paragraphs findings upon which the intended dis-
(o)(1) through (6) of this section. approval is based; and
(1) The Administrator will not ap- (ii) Notice of opportunity for you to
prove averaging periods other than present additional supporting informa-
those specified in this section, unless tion before final action is taken on the
you document, using data or informa- application. This notice will specify
tion, that the longer averaging period how much additional time is allowed
will ensure that emissions do not ex- for you to provide additional sup-
ceed levels achieved during the per- porting information.
formance test over any increment of (5) You are responsible for submit-
time equivalent to the time required to ting any supporting information in a
conduct three runs of the performance timely manner to enable the Adminis-
test. trator to consider the application prior
(2) If the application to use an alter- to the performance test. Neither sub-
nate monitoring requirement is ap-
mittal of an application, nor the Ad-
proved, you must continue to use the
ministrator’s failure to approve or dis-
original monitoring requirement until
approve the application relieves you of
approval is received to use another
the responsibility to comply with any
monitoring requirement.
provision of this subpart.
(3) You must submit the application
for approval of alternate monitoring (6) The Administrator may decide at
requirements no later than the notifi- any time, on a case-by-case basis that
cation of performance test. The appli- additional or alternative operating
cation must contain the information limits, or alternative approaches to es-
specified in paragraphs (o)(3)(i) through tablishing operating limits, are nec-
(iii) of this section: essary to demonstrate compliance with
(i) Data or information justifying the the emission standards of this subpart.
request, such as the technical or eco- (p) Development and submittal (upon
nomic infeasibility, or the imprac- request) of monitoring plans. If you dem-
ticality of using the required approach; onstrate compliance with any applica-
(ii) A description of the proposed al- ble emissions limit through perform-
ternative monitoring requirement, in- ance stack testing or other emissions
cluding the operating parameter to be monitoring, you must develop a site-
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Environmental Protection Agency § 63.1351
through (4) of this section. This re- tain records related to the site-specific
quirement also applies to you if you pe- monitoring plan and information dis-
tition the EPA Administrator for alter- cussed in paragraphs (m)(1) through (4),
native monitoring parameters under (m)(10) and (11) of this section for a pe-
paragraph (o) of this section and riod of 5 years, with at least the first 2
§ 63.8(f). If you use a BLDS, you must years on-site;
also meet the requirements specified in (i) Installation of the BLDS;
paragraph (p)(5) of this section. (ii) Initial and periodic adjustment of
(1) For each CMS required in this sec- the BLDS, including how the alarm
tion, you must develop, and submit to set-point will be established;
the permitting authority for approval (iii) Operation of the BLDS, includ-
upon request, a site-specific moni- ing quality assurance procedures;
toring plan that addresses paragraphs
(iv) How the BLDS will be main-
(p)(1)(i) through (iii) of this section.
tained, including a routine mainte-
You must submit this site-specific
monitoring plan, if requested, at least nance schedule and spare parts inven-
30 days before your initial performance tory list;
evaluation of your CMS. (v) How the BLDS output will be re-
(i) Installation of the CMS sampling corded and stored.
probe or other interface at a measure- [75 FR 55059, Sept. 9, 2010, as amended at 76
ment location relative to each affected FR 2836, Jan. 18, 2011; 78 FR 10048, Feb. 12,
process unit such that the measure- 2013; 80 FR 44788, July 27, 2015; 80 FR 54729,
ment is representative of control of the Sept. 11, 2015; 81 FR 48361, July 25, 2016; 82 FR
exhaust emissions (e.g., on or down- 28565, June 23, 2017; 82 FR 39673, Aug. 22, 2017;
stream of the last control device); 83 FR 35133, July 25, 2018]
(ii) Performance and equipment spec-
ifications for the sample interface, the § 63.1351 Compliance dates.
pollutant concentration or parametric (a) The compliance date for any af-
signal analyzer, and the data collection fected existing source subject to any
and reduction systems; and rule requirements that were in effect
(iii) Performance evaluation proce- before December 20, 2006, is:
dures and acceptance criteria (e.g., (1) June 14, 2002, for sources that
calibrations). commenced construction before or on
(2) In your site-specific monitoring March 24, 1998, or
plan, you must also address paragraphs (2) June 14, 1999 or startup for sources
(p)(2)(i) through (iii) of this section. that commenced construction after
(i) Ongoing operation and mainte- March 24, 1998.
nance procedures in accordance with (b) The compliance date for any af-
the general requirements of § 63.8(c)(1), fected existing source subject to any
(c)(3), and (c)(4)(ii); rule requirements that became effec-
(ii) Ongoing data quality assurance tive on December 20, 2006, is:
procedures in accordance with the gen-
(1) December 21, 2009, for sources that
eral requirements of § 63.8(d); and
commenced construction after Decem-
(iii) Ongoing recordkeeping and re-
ber 2, 2005 and before or on December
porting procedures in accordance with
20, 2006, or
the general requirements of § 63.10(c),
(e)(1), and (e)(2)(i). (2) Startup for sources that com-
(3) You must conduct a performance menced construction after December
evaluation of each CMS in accordance 20, 2006.
with your site-specific monitoring (c) The compliance date for existing
plan. sources for all the requirements that
(4) You must operate and maintain became effective on February 12, 2013,
the CMS in continuous operation ac- except for the open clinker pile re-
cording to the site-specific monitoring quirements will be September 9, 2015.
plan. (d) The compliance date for new
(5) BLDS monitoring plan. Each moni- sources is February 12, 2013, or startup,
toring plan must describe the items in whichever is later.
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paragraphs (p)(5)(i) through (v) of this (e) The compliance date for existing
section. At a minimum, you must re- sources with the requirements for open
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§ 63.1352 40 CFR Ch. I (7–1–21 Edition)
clinker storage piles in § 63.1343(c) is gram under part 70 of this chapter and
February 12, 2014. has received delegation of authority
[76 FR 2836, Jan. 18, 2011, as amended at 78
from the EPA. Permit applications
FR 10053, Feb. 12, 2013] shall be submitted by the same due
dates as those specified for the initial
§ 63.1352 Additional test methods. notification.
(a) If you are conducting tests to de- (2) Notification of performance tests,
termine the rates of emission of HCl as required by §§ 63.7 and 63.9(e).
(3) Notification of opacity and visible
from kilns and associated bypass
emission observations required by
stacks at portland cement manufac-
§ 63.1349 in accordance with §§ 63.6(h)(5)
turing facilities, for use in applica-
and 63.9(f).
bility determinations under § 63.1340,
(4) Notification, as required by
you may use Method 320 or Method 321
§ 63.9(g), of the date that the contin-
of appendix A of this part.
uous emission monitor performance
(b) Owners or operators conducting
evaluation required by § 63.8(e) is sched-
tests to determine the rates of emis-
uled to begin.
sion of specific organic HAP from raw
(5) Notification of compliance status,
material dryers, and kilns at Portland
as required by § 63.9(h).
cement manufacturing facilities, solely
(6) Within 48 hours of an exceedance
for use in applicability determinations
that triggers retesting to establish
under § 63.1340 of this subpart are per-
compliance and new operating limits,
mitted to use Method 320 of appendix A
notify the appropriate permitting
to this part, or Method 18 of appendix
agency of the planned performance
A to part 60 of this chapter.
tests. The notification requirements of
[75 FR 55063, Sept. 9, 2010, as amended at 78 §§ 63.7(b) and 63.9(e) do not apply to re-
FR 10053, Feb. 12, 2013] testing required for exceedances under
this subpart.
NOTIFICATION, REPORTING AND
RECORDKEEPING [64 FR 31925, June 14, 1999, as amended at 78
FR 10053, Feb. 12, 2013]
§ 63.1353 Notification requirements.
§ 63.1354 Reporting requirements.
(a) The notification provisions of 40
CFR part 63, subpart A that apply and (a) The reporting provisions of sub-
those that do not apply to owners and part A of this part that apply and those
operators of affected sources subject to that do not apply to owners or opera-
this subpart are listed in Table 1 of this tors of affected sources subject to this
subpart. If any State requires a notice subpart are listed in Table 1 of this
that contains all of the information re- subpart. If any State requires a report
quired in a notification listed in this that contains all of the information re-
section, the owner or operator may quired in a report listed in this section,
send the Administrator a copy of the the owner or operator may send the
notice sent to the State to satisfy the Administrator a copy of the report sent
requirements of this section for that to the State to satisfy the require-
notification. ments of this section for that report.
(b) Each owner or operator subject to (b) The owner or operator of an af-
the requirements of this subpart shall fected source shall comply with the re-
comply with the notification require- porting requirements specified in § 63.10
ments in § 63.9 as follows: of the general provisions of this part
(1) Initial notifications as required by 63, subpart A as follows:
§ 63.9(b) through (d). For the purposes (1) As required by § 63.10(d)(2), the
of this subpart, a Title V or 40 CFR owner or operator shall report the re-
part 70 permit application may be used sults of performance tests as part of
in lieu of the initial notification re- the notification of compliance status.
quired under § 63.9(b), provided the (2) As required by § 63.10(d)(3), the
same information is contained in the owner or operator of an affected source
permit application as required by shall report the opacity results from
§ 63.9(b), and the State to which the tests required by § 63.1349.
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Environmental Protection Agency § 63.1354
who is required to submit progress re- priate address listed in § 63.13. You
ports as a condition of receiving an ex- must begin submitting reports via
tension of compliance under § 63.6(i) CEDRI no later than 90 days after the
shall submit such reports by the dates form becomes available in CEDRI. The
specified in the written extension of excess emissions and summary reports
compliance. must be submitted no later than 60
(4)–(5) [Reserved] days after the end of the reporting pe-
(6) As required by § 63.10(e)(2), the riod, regardless of the method in which
owner or operator shall submit a writ- the reports are submitted. The report
ten report of the results of the per- must contain the information specified
formance evaluation for the continuous in § 63.10(e)(3)(vi). In addition, the sum-
monitoring system required by § 63.8(e).
mary report shall include:
The owner or operator shall submit the
report simultaneously with the results (i) All exceedances of maximum con-
of the performance test. trol device inlet gas temperature lim-
(7) As required by § 63.10(e)(2), the its specified in § 63.1346(a) and (b);
owner or operator of an affected source (ii) Notification of any failure to
using a continuous opacity monitoring calibrate thermocouples and other
system to determine opacity compli- temperature sensors as required under
ance during any performance test re- § 63.1350(g)(1)(iii) of this subpart; and
quired under § 63.7 and described in (iii) Notification of any failure to
§ 63.6(d)(6) shall report the results of maintain the activated carbon injec-
the continuous opacity monitoring sys- tion rate, and the activated carbon in-
tem performance evaluation conducted jection carrier gas flow rate or pressure
under § 63.8(e). drop, as applicable, as required under
(8) As required by § 63.10(e)(3), the § 63.1346(c)(2).
owner or operator of an affected source (iv) Notification of failure to conduct
equipped with a continuous emission any combustion system component in-
monitor shall submit an excess emis- spections conducted within the report-
sions and continuous monitoring sys- ing period as required under
tem performance report for any event
§ 63.1347(a)(3).
when the continuous monitoring sys-
tem data indicate the source is not in (v) Any and all failures to comply
compliance with the applicable emis- with any provision of the operation and
sion limitation or operating parameter maintenance plan developed in accord-
limit. ance with § 63.1347(a).
(9) The owner or operator shall sub- (vi) For each PM CPMS, HCl, Hg, and
mit a summary report semiannually THC CEMS, SO2 CEMS, or Hg sorbent
within 60 days of the reporting period trap monitoring system, within 60 days
to the EPA via the Compliance and after the reporting periods, you must
Emissions Data Reporting Interface report all of the calculated 30-oper-
(CEDRI). (CEDRI can be accessed ating day rolling average values de-
through the EPA’s Central Data Ex- rived from the CPMS, CEMS, CMS, or
change (CDX) (https://cdx.epa.gov/). You Hg sorbent trap monitoring systems.
must use the appropriate electronic re- (vii) In response to each violation of
port in CEDRI for this subpart. Instead an emissions standard or established
of using the electronic report in CEDRI operating parameter limit, the date,
for this subpart, you may submit an al- duration and description of each viola-
ternate electronic file consistent with tion and the specific actions taken for
the extensible markup language (XML) each violation including inspections,
schema listed on the CEDRI website corrective actions and repeat perform-
(https://www.epa.gov/electronic-reporting-
ance tests and the results of those ac-
air-emissions/compliance-and-emissions-
tions.
data-reporting-interface-cedri), once the
XML schema is available. If the report- (10) If the total continuous moni-
ing form specific to this subpart is not toring system downtime for any CEM
available in CEDRI at the time that or any CMS for the reporting period is
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the report is due, you must submit the 10 percent or greater of the total oper-
report the Administrator at the appro- ating time for the reporting period, the
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§ 63.1355 40 CFR Ch. I (7–1–21 Edition)
owner or operator shall submit an ex- (b)(11)(i) of this section must be sent to
cess emissions and continuous moni- the Administrator at the appropriate
toring system performance report address listed in § 63.13. The Adminis-
along with the summary report. trator or the delegated authority may
(11)(i) You must submit the informa- request a report in any form suitable
tion specified in paragraphs for the specific case (e.g., by commonly
(b)(11)(i)(A) and (B) of this section no used electronic media such as Excel
later than 60 days following the initial spreadsheet, on CD or hard copy). The
performance test. All reports must be Administrator retains the right to re-
signed by a responsible official. quire submittal of reports subject to
(A) The initial performance test data paragraphs (b)(9) introductory text and
as recorded under § 63.1349(a). (b)(11)(i) of this section in paper for-
(B) The values for the site-specific mat.
operating limits or parameters estab- (c) For each failure to meet a stand-
lished pursuant to § 63.1349(b)(1), (3), (6), ard or emissions limit caused by a mal-
(7), and (8), as applicable, and a descrip- function at an affected source, you
tion, including sample calculations, of must report the failure in the semi-an-
how the operating parameters were es- nual compliance report required by
tablished during the initial perform- § 63.1354(b)(9). The report must contain
ance test. the date, time and duration, and the
(C) As of December 31, 2011, and with- cause of each event (including un-
in 60 days after the date of completing known cause, if applicable), and a sum
each performance evaluation or test, as of the number of events in the report-
defined in § 63.2, conducted to dem- ing period. The report must list for
onstrate compliance with any standard each event the affected source or
covered by this subpart, you must sub- equipment, an estimate of the amount
mit the relative accuracy test audit of each regulated pollutant emitted
data and performance test data, except over the emission limit for which the
opacity data, to the EPA by success- source failed to meet a standard, and a
fully submitting the data electroni- description of the method used to esti-
cally via CEDRI and by using the Elec- mate the emissions. The report must
tronic Reporting Tool (ERT) (see also include a description of actions
https://www.epa.gov/electronic-reporting- taken by an owner or operator during a
air-emissions/electronic-reporting-tool- malfunction of an affected source to
ert). For any performance evaluations
minimize emissions in accordance with
with no corresponding RATA pollut-
§ 63.1348(d), including actions taken to
ants listed on the ERT website, you
correct a malfunction.
must submit the results of the per-
formance evaluation to the Adminis- [64 FR 31925, June 14, 1999, as amended at 75
trator at the appropriate address listed FR 55063, Sept. 9, 2010; 78 FR 10053, Feb. 12,
in § 63.13. 2013; 80 FR 44790, July 27, 2015; 83 FR 35135,
(ii) For PM performance test reports July 25, 2018]
used to set a PM CPMS operating
limit, the electronic submission of the § 63.1355 Recordkeeping requirements.
test report must also include the make (a) The owner or operator shall main-
and model of the PM CPMS instru- tain files of all information (including
ment, serial number of the instrument, all reports and notifications) required
analytical principle of the instrument by this section recorded in a form suit-
(e.g. beta attenuation), span of the in- able and readily available for inspec-
struments primary analytical range, tion and review as required by
milliamp value equivalent to the in- § 63.10(b)(1). The files shall be retained
strument zero output, technique by for at least five years following the
which this zero value was determined, date of each occurrence, measurement,
and the average milliamp signals cor- maintenance, corrective action, report,
responding to each PM compliance test or record. At a minimum, the most re-
run. cent two years of data shall be retained
(12) All reports required by this sub- on site. The remaining three years of
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part not subject to the requirements in data may be retained off site. The files
paragraphs (b)(9) introductory text and may be maintained on microfilm, on a
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Environmental Protection Agency § 63.1358
to restore malfunctioning process and this section are retained by the Admin-
air pollution control and monitoring istrator of U.S. EPA and cannot be
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§ 63.1359 40 CFR Ch. I (7–1–21 Edition)
transferred to the State, local, or Trib- (f), as defined in § 63.90, and as required
al agency. in this subpart.
(c) The authorities that cannot be (3) Approval of major alternatives to
delegated to State, local, or Tribal monitoring under § 63.8(f), as defined in
agencies are as specified in paragraphs § 63.90, and as required in this subpart.
(c)(1) through (4) of this section. (4) Approval of major alternatives to
(1) Approval of alternatives to the re- recordkeeping and reporting under
quirements in §§ 63.1340, 63.1342 through § 63.10(f), as defined in § 63.90, and as re-
quired in this subpart.
63.1348, and 63.1351.
(2) Approval of major alternatives to [68 FR 37359, June 23, 2003]
test methods under § 63.7(e)(2)(ii) and
§ 63.1359 [Reserved]
in this subpart is to be
treated as a cross-ref-
erence to § 63.1348(d).
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Environmental Protection Agency Pt. 63, Subpt. LLL, Table 1
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(h)(6) ................................. Opacity/VE Standards ............ Yes.
63.6(h)(7) ................................. Opacity/VE Standards ............ Yes.
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
other General Provisions or
in this subpart is to be
treated as a cross-ref-
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.
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
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Pt. 63, Subpt. LLL, Table 2 40 CFR Ch. I (7–1–21 Edition)
[80 FR 44791, July 27, 2015, as amended at 83 FR 35135, July 25, 2018; 83 FR 38036, Aug. 3, 2018;
85 FR 73898, Nov. 19, 2020]
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Environmental Protection Agency § 63.1360
owner or operator of an affected source shall apply at all times except during
subject to this subpart, and clarifies periods of nonoperation of the PAI
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§ 63.1360 40 CFR Ch. I (7–1–21 Edition)
process unit (or specific portion there- process unit is greater than or equal to
of) in which the lines are drained and the output to any other PAI or non-
depressurized resulting in the cessation PAI process unit. If the greatest input
of the emissions to which § 63.1363 ap- to and/or output from a shared storage
plies. vessel is the same for two or more
(3) The owner or operator shall not process units, including one or more
shut down items of equipment that are PAI process units, the owner or oper-
required or utilized for compliance ator must assign the storage vessel to
with the emissions limitations of this any one of the PAI process units that
subpart during times when emissions meet this condition.
(or, where applicable, wastewater (3) Unless otherwise excluded under
streams or residuals) are being routed paragraph (f)(1) of this section, where a
to such items of equipment, if the shut- storage vessel is located in a tank farm
down would contravene emissions limi- (including a marine tank farm), the ap-
tations of this subpart applicable to plicability of this subpart shall be de-
such items of equipment. 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
(2) Unless otherwise excluded under two or more PAI process units have the
paragraph (f)(1) of this section, the same input to or output from the stor-
storage vessel is part of a PAI process age vessel in the tank farm, then the
unit if either the input to the vessel storage vessel in the tank farm may be
from the PAI process unit is greater assigned to any one of the PAI process
than or equal to the input from any units that meet this condition.
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Environmental Protection Agency § 63.1360
(f)(3)(ii)(A) and (B) of this section, even part of the process unit used to produce
if an intervening storage vessel is the intermediate.
present, an owner or operator may (h) Applicability of process units in-
elect to assign a storage vessel in a cluded in a process unit group. An owner
tank farm to the PAI process unit that or operator may elect to develop proc-
sends the most material to or receives ess unit groups in accordance with
the most material from the storage paragraph (h)(1) of this section. For the
vessel. If two or more PAI process PAI process units in these process unit
units have the same input to or output groups, the owner or operator may
from the storage vessel in the tank comply with the provisions in overlap-
farm, then the storage vessel in the ping MACT standards, as specified in
tank farm may be assigned to any one paragraphs (h)(2) through (4) of this
of the PAI process units that meet this section, as an alternative means of
condition. demonstrating compliance with the
(iii) With respect to a process unit, provisions of this subpart.
an intervening storage vessel means a (1) Develop, revise, and document
storage vessel connected by hard-pip- changes in a process unit group in ac-
ing to the process unit and to the stor- cordance with the procedures specified
age vessel in the tank farm so that the in paragraphs (h)(1)(i) through (vi) of
product or raw material entering or this section.
leaving the process flows into (or from) (i) Initially identify a non-dedicated
the intervening storage vessel and does PAI process unit that is operating on
not flow directly into (or from) the December 23, 2003 or a date after De-
storage vessel in the tank farm. cember 23, 2003, and identify all proc-
essing equipment that is part of this
(4) If use varies from year to year,
PAI process unit, based on descriptions
then use for the purposes of this sub-
in operating scenarios.
part for existing sources shall be based
(ii) Add to the group any other non-
on the utilization that occurred during
dedicated PAI and non-dedicated non-
the year preceding June 23, 1999, or if
PAI process units expected to be oper-
the storage vessel was not in operation
ated in the 5 years after the date speci-
during that year, the use shall be based
fied in paragraph (h)(1)(i) of this sec-
on the expected use in the 5 years after
tion, provided they satisfy the criteria
startup. This determination shall be specified in paragraphs (h)(1)(ii)(A)
reported as part of an operating permit through (C) of this section. Also iden-
application or as otherwise specified by tify all of the processing equipment
the permitting authority. used for each process unit based on in-
(5) If the storage vessel begins receiv- formation from operating scenarios
ing material from (or sending material and other applicable documentation.
to) another process unit, or ceasing to (A) Each PAI process unit that is
receive material from (or send material added to a group must have some proc-
to) a PAI process unit, or if there is a essing equipment that is part of one or
significant change in the use of the more PAI process units that are al-
storage vessel, the owner or operator ready in the process unit group.
shall reevaluate the ownership deter- (B) Each non-PAI process unit that is
mination for the storage vessel. added to a group must have some proc-
(g) Designating production of an inter- essing equipment that is also part of
mediate as a PAI process unit. Except as one or more of the PAI process units in
specified in paragraph (d) of this sec- the group.
tion, an owner or operator may elect to (C) No process unit may be part of
designate production of any inter- more than one process unit group.
mediate that does not meet the defini- (iii) The initial process unit group
tion of integral intermediate as a PAI consists of all of the processing equip-
process unit subject to this subpart. ment for the process units identified in
Any storage vessel containing the in- paragraphs (h)(1)(i) and (ii) of this sec-
termediate is assigned to a PAI process tion.
unit according to the procedures in (iv) If compliance is to be dem-
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paragraph (f) of this section. Any proc- onstrated in accordance with para-
ess tank containing the intermediate is graph (h)(3) of this section, determine
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§ 63.1360 40 CFR Ch. I (7–1–21 Edition)
the primary product of the process unit tively, shall apply for purposes of this
group according to the procedures spec- subpart MMM; and
ified in paragraphs (h)(1)(iv)(A) (iii) Requirements in § 63.1367(a)(5) re-
through (C) of this section. garding application for approval of
(A) The primary product is the type construction or reconstruction shall
of product (e.g., PAI, pharmaceutical apply in place of the provisions in
product, thermoplastic resin, etc.) that § 63.1259(a)(5).
is expected to be produced for the (3) If the primary product of a proc-
greatest operating time in the 5-year ess unit group is determined to be a
period specified in paragraph (h)(1)(i) of type of material that is subject to an-
this section. other subpart of 40 CFR part 63 on June
(B) If the process unit group produces 23, 1999 or startup of the first process
multiple products equally based on op- unit after formation of the process unit
erating time, then the primary product group, whichever is later, the owner or
is the product with the greatest pro- operator may elect to comply with the
duction on a mass basis over the 5-year other subpart for any PAI process unit
period specified in paragraph (h)(1)(i) of within the process unit group, subject
this section. to the requirement in this paragraph
(C) The primary product of the group (h)(3). Emissions from PAI Group 1
must be redetermined if the owner or process vents, as defined in § 63.1361,
operator does not intend to make that must be reduced in accordance with the
product in the future or if it has not control requirements for Group 1 vents
been made for 5 years. The results of as specified in the alternative subpart.
the redetermination must be recorded The criteria in the alternative subpart
as specified in § 63.1367(b) and reported for determining which process vents
in a Periodic report no later than the must be controlled do not apply for the
report covering the period for the end purposes of this paragraph (h)(3).
of the 5th year as specified in (4) The requirements for new and re-
§ 63.1368(g)(2). If the primary product constructed sources in the alternative
changes, the owner or operator must subpart apply to all PAI process units
either demonstrate compliance with in the process unit group if, and only
the applicable subpart as specified in if, the affected source under the alter-
paragraph (h)(3) of this section or dem- native subpart meets the requirements
onstrate compliance with the provi- for construction or reconstruction.
sions of this subpart MMM. (i) Overlap with other regulations—(1)
(v) Add process units developed in the Compliance with other MACT standards.
future in accordance with the condi- (i) After the compliance dates specified
tions specified in paragraphs in § 63.1364, an affected source subject
(h)(1)(ii)(A) through (C) of this section. to the provisions of this subpart that is
(vi) Maintain records of changes in also subject to the provisions of any
the process units in each process unit other subpart of 40 CFR part 63 may
group as specified in § 63.1367(b)(9), and elect, to the extent the subparts are
maintain reports as specified in consistent, under which subpart to
§ 63.1368(f)(9) and (g)(2)(ix). maintain records and report to EPA.
(2) If any of the products produced in The affected source shall identify in
the process unit group are subject to 40 the Notification of Compliance Status
CFR part 63, subpart GGG (Pharma- report required by § 63.1368(f) under
ceuticals MACT), the owner or oper- which authority such records will be
ator may elect to comply with the re- maintained.
quirements of subpart GGG for the PAI (ii) After the compliance dates speci-
process unit(s) within the process unit fied in § 63.1364, at an offsite reloading
group, except for the following: or cleaning facility subject to
(i) The emission limit standard for § 63.1362(b)(6), compliance with the
process vents in § 63.1362(b)(2)(i) shall emission standards and associated ini-
apply in place of § 63.1254(a)(2); tial compliance monitoring, record-
(ii) When the dates of April 2, 1997 keeping, and reporting provisions of
and April 2, 2007 are provided in any other subpart of 40 CFR part 63
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Environmental Protection Agency § 63.1360
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
required to comply only with the provi- that imposes the requirement, refer to
sions of this subpart MMM. the standard calendar periods.
(4) Overlap with subpart I. After the (1) Notwithstanding time periods
compliance dates specified in § 63.1364, specified in the subpart MMM for com-
for all equipment within a process unit pletion of required tasks, such time pe-
that contains equipment subject to riods may be changed by mutual agree-
subpart I of this part, an owner or oper- ment between the owner and operator
ator may elect to comply with either and the Administrator, as specified in
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the provisions of this subpart MMM or subpart A of this part (e.g., a period
the provisions of subpart H of this part. could begin on the compliance date or
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§ 63.1360 40 CFR Ch. I (7–1–21 Edition)
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
first full standard calendar period (iv) If the violation resulted from a
within which the initial compliance bypass of control equipment or a proc-
deadline occurs. ess, then the bypass was unavoidable to
(3) In all instances where a provision prevent loss of life, personal injury, or
of this subpart MMM requires comple- severe property damage; and
tion of a task during each of multiple (v) All possible steps were taken to
successive periods, an owner or oper- minimize the impact of the violation
ator may perform the required task at on ambient air quality, the environ-
any time during the specified period, ment, and human health; and
provided the task is conducted at a rea- (vi) All emissions monitoring and
sonable interval after completion of control systems were kept in operation
the task in the previous period. if at all possible, consistent with safety
(k) Affirmative defense for violation of and good air pollution control prac-
emission standards during malfunction. tices; and
In response to an action to enforce the (vii) All of the actions in response to
standards set forth in this subpart, the the violation were documented by
owner or operator may assert an af- properly signed, contemporaneous op-
firmative defense to a claim for civil erating logs; and
penalties for violations of such stand- (viii) At all times, the affected source
ards that are caused by malfunction, as was operated in a manner consistent
defined at § 63.2. Appropriate penalties with good practices for minimizing
may be assessed if the owner or oper- emissions; and
ator fails to meet their burden of prov- (ix) A written root cause analysis has
ing all of the requirements in the af- been prepared, the purpose of which is
firmative defense. The affirmative de- to determine, correct, and eliminate
fense shall not be available for claims the primary causes of the malfunction
for injunctive relief. and the violation resulting from the
(1) Assertion of affirmative defense. To malfunction event at issue. The anal-
establish the affirmative defense in ysis shall also specify, using best moni-
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any action to enforce such a standard, toring methods and engineering judg-
the owner or operator must timely ment, the amount of any emissions
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Environmental Protection Agency § 63.1361
that were the result of the malfunc- lution control devices or control de-
tion. vices.
(2) Report. The owner or operator Bag dump means equipment into
seeking to assert an affirmative de- which bags or other containers con-
fense shall submit a written report to taining a powdered, granular, or other
the Administrator, with all necessary solid feedstock material are emptied. A
supporting documentation, that ex- bag dump is part of the process.
plains how it has met the requirements Batch emission episode means a dis-
set forth in paragraph (k)(1) of this sec- crete venting episode that is associated
tion. This affirmative defense report with a single unit operation. A unit op-
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-
ance, deviation report or excess emis- discrete batch emission episode that
sion report is due less than 45 days will last through the duration of the
after the initial occurrence of the vio- charge and will have an average
lation, the affirmative defense report flowrate equal to the rate of the
may be included in the second compli- charge. Another discrete batch emis-
ance, deviation report or excess emis- sion episode will result from the expul-
sion report due after the initial occur- sion of expanded vapor as the contents
rence of the violation of the relevant of the vessel are heated.
standard. Batch operation means a noncontin-
uous operation involving intermittent
[64 FR 33589, June 23, 1999, as amended at 67
FR 59340, Sept. 20, 2002; 79 FR 17371, Mar. 27, or discontinuous feed into PAI or inte-
2014] gral intermediate manufacturing
equipment, and, in general, involves
§ 63.1361 Definitions. the emptying of the equipment after
Terms used in this subpart are de- the batch operation ceases and prior to
fined in the CAA, in subpart A of this beginning a new operation. Addition of
part, or in this section. If the same raw material and withdrawal of prod-
term is defined in subpart A of this uct do not occur simultaneously in a
part and in this section, it shall have batch operation. A batch process con-
the meaning given in this section for sists of a series of batch operations.
the purposes of this subpart MMM. Bench-scale batch process means a
Affirmative defense means, in the con- batch process (other than a research
text of an enforcement proceeding, a and development facility) that is capa-
response or defense put forward by a ble of being located on a laboratory
defendant, regarding which the defend- bench top. This bench-scale equipment
ant has the burden of proof, and the will typically include reagent feed ves-
merits of which are independently and sels, a small reactor and associated
objectively evaluated in a judicial or product separator, recovery and hold-
administrative proceeding. ing equipment. These processes are
Air pollution control device or control only capable of producing small quan-
device means equipment installed on a tities of product.
process vent, storage vessel, waste- Block means a time period equal to,
water treatment exhaust stack, or at a maximum, the duration of a single
combination thereof that reduces the batch.
mass of HAP emitted to the air. The
Car seal means a seal that is placed
equipment may consist of an individual
on a device that is used to change the
device or a series of devices. Examples
include incinerators, carbon adsorption position of a valve (e.g., from opened to
units, condensers, flares, boilers, proc- closed) in such a way that the position
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ess heaters, and gas absorbers. Process of the valve cannot be changed without
condensers are not considered air pol- breaking the seal.
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§ 63.1361 40 CFR Ch. I (7–1–21 Edition)
non-dedicated PAI process unit do not signed and operated to produce only a
constitute construction. single product or co-products. The
456
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Environmental Protection Agency § 63.1361
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 Group 1 storage vessel means a storage
or line, valve, connector, and instru- vessel at an existing affected source
mentation system in organic hazardous
with a capacity equal to or greater
air pollutant service.
than 75 m3 and storing material with a
External floating roof means a pon-
maximum true vapor pressure greater
toon-type or double-deck type cover
than or equal to 3.45 kPa, a storage
that rests on the liquid surface in a
vessel at a new affected source with a
storage tank or waste management
capacity equal to or greater than 40 m3
unit with no fixed roof.
and storing material with a maximum
FIFRA means the Federal Insecti-
true vapor pressure greater than or
cide, Fungicide, and Rodenticide Act.
equal to 16.5 kPa, or a storage vessel at
Fill or filling means the introduction
a new affected source with a capacity
of organic HAP into a storage tank or
greater than or equal to 75 m3 and stor-
the introduction of a wastewater
ing material with a maximum true
stream or residual into a waste man-
vapor pressure greater than or equal to
agement unit, but not necessarily to
3.45 kPa.
complete capacity.
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.
supported by the liquid being con- Group of processes means all of the
tained, and is equipped with a contin- equipment associated with processes in
uous seal or seals to close the space be- a building, processing area, or facility-
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tween the roof edge and waste manage- wide. A group of processes may consist
ment unit or storage vessel wall. of a single process.
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§ 63.1361 40 CFR Ch. I (7–1–21 Edition)
of equipment either contains or con- site production of any PAI(s) and that
tacts a fluid (liquid or gas) that is at is not stored before being used in the
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Environmental Protection Agency § 63.1361
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§ 63.1361 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1361
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
downstream of the point of determination if material as an integral part of a unit
corrections are made for changes in flow rate operation. The condenser must cause a
and annual average concentration of Table 9 vapor-to-liquid phase change for peri-
compounds as determined in § 63.144 of sub- ods during which the temperature of
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-
water streams, and reduction in flow rate or distillation condensers, reflux con-
annual average concentration by treating or densers, and condensers used in strip-
otherwise handling the wastewater stream to ping or flashing operation. In a series
remove or destroy HAP. of condensers, all condensers up to and
Pressure release means the emission of including the first condenser with an
materials resulting from the system exit gas temperature below the boiling
pressure being greater than the set or bubble point of the liquid in the
pressure of the pressure relief device. process equipment are considered to be
This release can be one release or a se- process condensers. All condensers in
ries of releases over a short time period line prior to the vacuum source are in-
due to a malfunction in the process. cluded in this definition.
Pressure relief device or valve means a Process shutdown means a work prac-
safety device used to prevent operating tice or operational procedure that
pressures from exceeding the maximum stops production from a process or part
allowable working pressure of the proc- of a process during which it is tech-
ess equipment. A common pressure re- nically feasible to clear process mate-
lief device is a spring-loaded pressure rial from a process or part of a process
relief valve. Devices that are actuated consistent with safety constraints and
either by a pressure of less than or during which repairs can be effected.
equal to 2.5 pounds per square inch An unscheduled work practice or oper-
gauge or by a vacuum are not pressure ational procedure that stops produc-
relief devices. tion from a process or part of a process
Process means a logical grouping of for less than 24 hours is not a process
processing equipment which collec- shutdown. An unscheduled work prac-
tively function to produce a product. tice or operational procedure that
For the purpose of this subpart, a PAI would stop production from a process
process includes all, or a combination or part of a process for a shorter period
of, reaction, recovery, separation, puri- of time than would be required to clear
fication, treatment, cleaning, and the process or part of the process of
other activities or unit operations materials and start up the process, and
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which are used to produce a PAI or in- would result in greater emissions than
tegral intermediate. Ancillary activi- delay of repair of leaking components
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§ 63.1361 40 CFR Ch. I (7–1–21 Edition)
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-
sion from processing equipment to the Product dryer means equipment that
atmosphere or a control device. The is used to remove moisture or other
vent may be the release point for an liquid from granular, powdered, or
emission stream associated with an in- other solid PAI or integral inter-
dividual unit operation, or it may be mediate products prior to storage, for-
the release point for emission streams mulation, shipment, or other uses. The
from multiple unit operations that product dryer is part of the process.
have been manifolded together into a Product dryer vent means a process
common header. Examples of process vent from a product dryer through
vents include, but are not limited to, which a gas stream containing gaseous
vents on condensers used for product pollutants (i.e., organic HAP, HCl, or
recovery, bottom receivers, surge con- chlorine), particulate matter, or both
trol vessels, reactors, filters, cen- are released to the atmosphere or are
trifuges, process tanks, and product routed to a control device.
dryers. A vent is not considered to be a Production-indexed HAP consumption
process vent for a given emission epi- factor (HAP factor) is the result of di-
sode if the undiluted and uncontrolled viding the annual consumption of total
emission stream that is released HAP by the annual production rate, per
through the vent contains less than 50 process.
ppmv HAP, as determined through Production-indexed VOC consumption
process knowledge that no HAP are factor (VOC factor) is the result of di-
present in the emission stream; using viding the annual consumption of total
an engineering assessment as discussed VOC by the annual production rate, per
in § 63.1365(c)(2)(ii); from test data col- process.
lected using Method 18 of 40 CFR part Publicly owned treatment works
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60, appendix A; or from test data col- (POTW) is defined at 40 CFR part
lected using any other test method 403.3(0).
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Environmental Protection Agency § 63.1361
als from nondestructive wastewater ture, pressure, flow rate, pH, or liquid
management units include the organic level.
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§ 63.1361 40 CFR Ch. I (7–1–21 Edition)
Set pressure means the pressure at subpart MMM. The following are not
which a properly operating pressure re- considered storage vessels for the pur-
lief device begins to open to relieve poses of this subpart:
atypical process system operating pres- (1) Vessels permanently attached to
sure. motor vehicles such as trucks, railcars,
Sewer line means a lateral, trunk barges, or ships;
line, branch line, or other conduit in- (2) Pressure vessels designed to oper-
cluding, but not limited to, grates, ate in excess of 204.9 kilopascals and
trenches, etc., used to convey waste- without emissions to the atmosphere;
water streams or residuals to a down- (3) Vessels storing material that con-
stream waste management unit. tains no organic HAP or contains or-
Shutdown means the cessation of op- ganic HAP only as impurities;
eration of a continuous PAI process (4) Wastewater storage tanks;
unit for any purpose. Shutdown also (5) Process tanks; and
means the cessation of a batch PAI (6) Nonwastewater waste tanks.
process unit or any related individual Supplemental gases means any non-
piece of equipment required or used to affected gaseous streams (streams that
comply with this part or for emptying are not from process vents, storage ves-
and degassing storage vessels for peri- sels, equipment or waste management
odic maintenance, replacement of units) that contain less than 50 ppmv
equipment, repair, or any other pur- TOC and less than 50 ppmv total HCl
pose not excluded from this definition. and chlorine, as determined through
Shutdown does not apply to cessation process knowledge, and are combined
of a batch PAI process unit at the end with an affected vent stream. Supple-
of a campaign or between batches (e.g., mental gases are often used to main-
for rinsing or washing equipment), for tain pressures in manifolds or for fire
routine maintenance, or for other rou- and explosion protection and preven-
tine operations. tion. Air required to operate combus-
Small control device means a control tion device burner(s) is not considered
device that controls process vents, and a supplemental gas.
the total HAP emissions into the con- Surface impoundment means a waste
trol device from all sources are less management unit which is a natural
than 10 tons of HAP per year. topographic depression, manmade ex-
Startup means the setting in oper- cavation, or diked area formed pri-
ation of a continuous PAI process unit marily of earthen materials (although
for any purpose, the first time a new or it may be lined with manmade mate-
reconstructed batch PAI process unit rials), which is designed to hold an ac-
begins production, or, for new equip- cumulation of liquid wastes or waste
ment added, including equipment used containing free liquids. A surface im-
to comply with this subpart, the first poundment is used for the purpose of
time the equipment is put into oper- treating, storing, or disposing of waste-
ation. For batch process units, startup water or residuals, and is not an injec-
does not apply to the first time the tion well. Examples of surface im-
equipment is put into operation at the poundments are equalization, settling,
start of a campaign to produce a prod- and aeration pits, ponds, and lagoons.
uct that has been produced in the past, Total organic compounds (TOC) means
after a shutdown for maintenance, or those compounds measured according
when the equipment is put into oper- to the procedures of Method 18 or
ation as part of a batch within a cam- Method 25A, 40 CFR part 60, appendix
paign. As used in § 63.1363, startup A.
means the setting in operation of a Treatment process means a specific
piece of equipment or a control device technique that removes or destroys the
that is subject to this subpart. organics in a wastewater or residual
Storage vessel means a tank or other stream such as a steam stripping unit,
vessel that is used to store organic liq- thin-film evaporation unit, waste in-
uids that contain one or more HAP and cinerator, biological treatment unit, or
that has been assigned, according to any other process applied to waste-
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Environmental Protection Agency § 63.1362
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 re- as summarized in Table 2 of this sub-
moval devices such as decanters, strip- part.
pers, or thin-film evaporation units. If (b) Process vents. (1) The owner or op-
such equipment is a recovery device, erator of an existing source shall com-
then it is part of a PAI process unit ply with the requirements of para-
and is not a waste management unit. graphs (b)(2) and (3) of this section. The
Wastewater means water that meets owner or operator of a new source shall
either of the conditions described in comply with the requirements of para-
paragraph (1) or (2) of this definition graphs (b)(4) and (5) of this section.
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ER23JN99.001</GPH>
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Environmental Protection Agency § 63.1362
(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 con-
verted 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,
from the sum of all process vents with- (A) Reduces organic HAP emissions
in a process are greater than 191 Mg/yr, by 95 percent by weight or greater; or
these HCl and Cl2 emissions shall be re- (B) Reduces organic HAP emissions
duced by 99 percent or greater or to an to outlet concentrations of 20 ppmv or
outlet concentration less than or equal less; or
to 20 ppmv. (C) Is a flare that meets the require-
(6) Alternative standard. As an alter- ments of § 63.11(b); or
native to the provisions in paragraphs (D) Is a control device specified in
(b)(2) through (5) of this section, the § 63.1365(a)(4).
owner or operator may route emissions (3) Standard for new sources. Except as
from a process vent to a combustion specified in paragraphs (c)(4), (5), and
control device achieving an outlet TOC (6) of this section, the owner or oper-
concentration, as calibrated on meth- ator of a Group 1 storage vessel at a
ane or the predominant HAP, of 20 new source, as defined in § 63.1361, shall
ppmv or less, and an outlet concentra- equip the affected storage vessel in ac-
tion of HCl and Cl2 of 20 ppmv or less. cordance with any one of paragraphs
If the owner or operator is routing (c)(2)(i) through (iv) of this section.
emissions to a non-combustion control (4) Alternative standard. As an alter-
device or series of control devices, the native to the provisions in paragraphs
control device(s) must achieve an out- (c)(2) and (3) of this section, the owner
let TOC concentration, as calibrated on or operator of an existing or new af-
methane or the predominant HAP, of 50 fected source may route emissions
ppmv or less, and an outlet concentra- from storage vessels to a combustion
tion of HCl and Cl2 of 50 ppmv or less. control device achieving an outlet TOC
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§ 63.1362 40 CFR Ch. I (7–1–21 Edition)
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
owner or operator is exempt from the (B) An instrument reading of 500
specifications in paragraphs (c)(2) ppmv or greater defines a leak.
through (4) of this section during peri- (C) When a leak is detected, it shall
ods of planned routine maintenance of be repaired as soon as practicable, but
the control device that do not exceed no later than 5 days after it is de-
240 hr/yr. The owner or operator may tected, and the owner or operator shall
submit an application to the Adminis- comply with the recordkeeping re-
trator requesting an extension of this quirements of § 63.1363(g)(4)(i) through
time limit to a total of 360 hr/yr. The (iv).
application must explain why the ex- (vi) Railcars or tank trucks that de-
tension is needed, it must indicate that liver HAP to an affected storage tank
no material will be added to the stor- must be reloaded or cleaned at a facil-
age vessel between the time the 240-hr ity that utilizes one of the following
limit is exceeded and the control de- control techniques:
vice is again operational, and it must (A) The railcar or tank truck must be
be submitted at least 60 days before the connected to a closed vent system with
240-hr limit will be exceeded. a control device that reduces inlet
(6) Vapor balancing alternative. As an
emissions of HAP by 90 percent by
alternative to the requirements in
weight or greater; or
paragraphs (c)(2) and (3) of this section,
the owner or operator of an existing or (B) A vapor balancing system de-
new affected source may implement signed and operated to collect organic
vapor balancing in accordance with HAP vapor displaced from the tank
paragraphs (c)(6)(i) through (vii) of this truck or railcar during reloading must
section. be used to route the collected HAP
(i) The vapor balancing system must vapor to the storage tank from which
be designed and operated to route or- the liquid being transferred originated.
ganic HAP vapors displaced from load- (vii) The owner or operator of the fa-
ing of the storage tank to the railcar cility where the railcar or tank truck
or tank truck from which the storage is reloaded or cleaned must comply
tank is filled. with the following requirements:
(ii) Tank trucks and railcars must (A) Submit to the owner or operator
have a current certification in accord- of the affected storage tank and to the
ance with the U.S. Department of Administrator a written certification
Transportation pressure test require- that the reloading or cleaning facility
ments of 49 CFR part 180 for tank will meet the requirements of this sec-
trucks and 49 CFR 173.31 for railcars. tion. The certifying entity may revoke
(iii) Hazardous air pollutants must the written certification by sending a
only be unloaded from tank trucks or
written statement to the owner or op-
railcars when vapor collection systems
erator of the affected storage tank giv-
are connected to the storage tank’s
vapor collection system. ing at least 90 days notice that the cer-
(iv) No pressure relief device on the tifying entity is rescinding acceptance
storage tank or on the railcar or tank of responsibility for compliance with
truck shall open during loading or as a the requirements of this paragraph
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Environmental Protection Agency § 63.1362
(B) If complying with paragraph part, November 10, 1997 shall apply for
(c)(6)(vi)(A) of this section, dem- the purposes of this subpart.
onstrate initial compliance in accord- (iii) When April 22, 1994 is referred to
ance with § 63.1365(d), demonstrate con- in § 63.119 of subpart G of this part,
tinuous compliance in accordance with June 23, 1999 shall apply for the pur-
§ 63.1366, keep records as specified in poses of this subpart.
§ 63.1367, and prepare reports as speci- (iv) When the phrase ‘‘the compliance
fied in § 63.1368. date specified in § 63.100 of subpart F of
(C) If complying with paragraph this part’’ is referred to in § 63.120 of
(c)(6)(vi)(B) of this section, keep subpart G of this part, the phrase ‘‘the
records of: compliance date specified in § 63.1364’’
(1) The equipment to be used and the shall apply for the purposes of this sub-
procedures to be followed when reload- part.
ing the railcar or tank truck and dis- (3) To request approval to monitor al-
placing vapors to the storage tank ternative parameters, as referred to in
from which the liquid originates, and § 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
§ 63.1366. Compliance with the outlet ance Status report requirements con-
concentrations in paragraph (c)(4) of tained in § 63.152(b) of subpart G of this
this section shall be determined by the part are referred to in § 63.146 of sub-
initial compliance provisions in part G of this part, the Notification of
§ 63.1365(a)(5) and the continuous emis- Compliance Status report require-
sion monitoring requirements of ments in § 63.1368(f) shall apply for the
§ 63.1366(b)(5). purposes of this subpart.
(d) Wastewater. The owner or operator (5) When the recordkeeping require-
of each affected source shall comply ments contained in § 63.152(f) of subpart
with the requirements of §§ 63.132 G of this part are referred to in
through 63.147, with the differences § 63.147(d) of subpart G of this part, the
noted in paragraphs (d)(1) through (16) recordkeeping requirements in § 63.1367
of this section for the purposes of this shall apply for the purposes of this sub-
subpart. part.
(1) When the determination of (6) When the Periodic report require-
equivalence criteria in § 63.102(b) is re- ments contained in § 63.152(c) of subpart
ferred to in §§ 63.132, 63.133, and 63.137 of G of this part are referred to in §§ 63.146
subpart G of this part, the provisions in and 63.147 of subpart G of this part, the
§ 63.6(g) of subpart A of this part shall Periodic report requirements contained
apply. in § 63.1368(g) shall apply for the pur-
(2) When the storage tank require- poses of this subpart.
ments contained in §§ 63.119 through (7) When the term ‘‘process waste-
63.123 are referred to in §§ 63.132 through water’’ is referred to in §§ 63.132
63.147, §§ 63.119 through 63.123 are appli- through 63.147 of subpart G of this part,
cable, with the exception of the dif- the term ‘‘wastewater’’ as defined in
ferences noted in paragraphs (d)(2)(i) § 63.1361 shall apply for the purposes of
through (iv) of this section. this subpart.
(i) When the term ‘‘storage vessel’’ is (8) When the term ‘‘Group 1 waste-
used in §§ 63.119 through 63.123 of sub- water stream’’ is used in §§ 63.132
part G of this part, the definition of through 63.147 of subpart G of this part,
the term ‘‘storage vessel’’ in § 63.1361 the definition of the term ‘‘Group 1
shall apply for the purposes of this sub- wastewater stream’’ in § 63.1361 shall
part. apply for both new sources and existing
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(ii) When December 31, 1992, is re- sources for the purposes of this sub-
ferred to in § 63.119 of subpart G of this part.
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§ 63.1362 40 CFR Ch. I (7–1–21 Edition)
operated by the owner or operator of tem that is used to cool process equip-
the source generating the wastewater ment in PAI process units that are part
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Environmental Protection Agency § 63.1362
centage basis). For any reduction in emissions from any storage vessel,
the HAP factor that is achieved by re- process, or waste management unit
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§ 63.1362 40 CFR Ch. I (7–1–21 Edition)
tion of 50 ppmw, may not be used in (j) Closed-vent systems. The owner or
any averaging group. operator of a closed-vent system that
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Environmental Protection Agency § 63.1363
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 liters per minute. The owner or oper-
purposes are not subject to this para- ator of the source shall determine the
graph. characteristics of the stream as speci-
(1) Install, calibrate, maintain, and fied in paragraphs (k)(5)(ii)(A) and (B)
operate a flow indicator that is capable of this section.
of determining whether vent stream (A) The characteristics of the stream
flow is present and taking frequent, being received shall be determined at
periodic readings. Records shall be the inlet to the tank.
maintained as specified in § 63.1367(f)(1). (B) The characteristics shall be de-
The flow indicator shall be installed at termined according to the procedures
the entrance to any bypass line that in § 63.144(b) and (c) of subpart G of this
could divert the vent stream away part.
from the control device to the atmos- (l) Exemption for RCRA treatment
phere; or units. An owner or operator shall be ex-
(2) Secure the bypass line valve in empt from the initial compliance dem-
the closed position with a car-seal or onstrations and monitoring provisions
lock-and-key type configuration. in §§ 63.1365 and 63.1366 and the associ-
Records shall be maintained as speci- ated recordkeeping and reporting re-
fied in § 63.1367(f)(2). quirements in §§ 63.1367 and 63.1368 for
(k) Control requirements for certain liq- emissions from process vents, storage
uid streams in open systems within a PAI vessels, and waste management units
process unit. (1) The owner or operator that are discharged to the following de-
shall comply with the provisions of vices:
Table 4 of this subpart, for each item of (1) A boiler or process heater burning
equipment meeting all the criteria hazardous waste for which the owner or
specified in paragraphs (k)(2) through operator:
(4) of this section and either paragraph (i) Has been issued a final permit
(k)(5)(i) or (ii) of this section. under 40 CFR part 270 and complies
(2) The item of equipment is of a type with the requirements of 40 CFR part
identified in Table 4 of this subpart; 266, subpart H; or
(3) The item of equipment is part of a (ii) Has certified compliance with the
PAI process unit as defined in § 63.1361; interim status requirements of 40 CFR
(4) The item of equipment is con- part 266, subpart H.
trolled less stringently than in Table 4 (2) A hazardous waste incinerator for
of this subpart, and the item of equip- which the owner or operator has been
ment is not otherwise exempt from issued a final permit under 40 CFR part
controls by the provisions of this sub- 270 and complies with the requirements
part or subpart A of this part; of 40 CFR part 264, subpart O, or has
(5) The item of equipment: certified compliance with the interim
(i) Is a drain, drain hub, manhole, lift status requirements of 40 CFR part 265,
station, trench, pipe, or oil/water sepa- subpart O.
rator that conveys water with a total [64 FR 33589, June 23, 1999, as amended at 67
annual average concentration greater FR 59343, Sept. 20, 2002; 68 FR 37358, June 23,
than or equal to 10,000 ppm by weight 2003; 79 FR 17372, Mar. 27, 2014]
of compounds in Table 9 of subpart G of
this part at any flowrate; or a total an- § 63.1363 Standards for equipment
nual average concentration greater leaks.
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than or equal to 1,000 ppm by weight of (a) General equipment leak require-
compounds in Table 9 of subpart G of ments. (1) The provisions of this section
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Environmental Protection Agency § 63.1363
or operator shall comply with para- (B) The owner or operator determines
graph (d) of this section; that repair personnel would be exposed
(v) Section 63.168 of subpart H of this to an immediate danger if attempting
part shall not apply, instead the owner to repair without a process shutdown.
or operator shall comply with para- Repair of this equipment shall occur by
graph (e) of this section; the end of the next scheduled process
(vi) Section 63.170 of subpart H of this shutdown.
part shall not apply, instead the owner (ii) Section 63.172, Closed-vent sys-
or operator shall comply with tems and control devices, shall apply
§ 63.1362(b); for closed-vent systems used to comply
(vii) Section 63.181 of subpart H of with this section, and for control de-
this part shall not apply, instead the vices used to comply with this section
owner or operator shall comply with only, except:
paragraph (g) of this section; and (A) Section 63.172(k) and (l) shall not
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 (iii) Section 63.174, Connectors, shall
subpart H of this part applies to sam- apply except:
pling connection systems. Section (A) Section 63.174(b), (f), (g), and (h)
63.169 of subpart H of this part applies shall not apply. In place of § 63.174(b),
to: pumps, valves, connectors, and agi- the owner or operator shall comply
tators in heavy liquid service; instru- with paragraphs (b)(3)(iii)(C) through
mentation systems; and pressure relief (G) of this section. In place of § 63.174(f),
devices in liquid service. Section 63.177 (g), and (h), the owner or operator shall
of subpart H of this subpart applies to comply with paragraph (f) of this sec-
general alternative means of emission tion.
limitation. Section 63.179 of subpart H (B) Days that the connectors are not
of this part applies to alternative in organic HAP service shall not be
means of emission limitation for en- considered part of the 3-month period
closed-vented process units. in § 63.174(c).
(3) The owner or operator shall com- (C) 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 of subpart H of this part with than or equal to 0.5 percent during the
the differences specified in paragraphs initial monitoring period, monitoring
(b)(3)(i) through (v) of this section. shall be performed once per year until
(i) Section 63.171, Delay of repair, the percent leaking connectors is less
shall apply except § 63.171(a) shall not than 0.5 percent.
apply. Delay of repair of equipment for (D) If the percent leaking connectors
which leaks have been detected is al- in the group of processes was less than
lowed if one of the following conditions 0.5 percent, but equal to or greater
exist: than 0.25 percent, during the last re-
(A) The repair is technically infeasi- quired monitoring period, monitoring
ble without a process shutdown. Repair shall be performed once every 4 years.
of this equipment shall occur by the An owner or operator may comply with
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end of the next scheduled process shut- the requirements of this paragraph by
down. monitoring at least 40 percent of the
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§ 63.1363 40 CFR Ch. I (7–1–21 Edition)
connectors in the first 2 years and the (iv) Section 63.178, shall apply, except
remainder of the connectors within the as specified in paragraphs (b)(3)(iv)(A)
next 2 years. The percent leaking con- and (B) of this section.
nectors will be calculated for the total (A) Section 63.178(b), requirements
of all monitoring performed during the for pressure testing, shall apply to all
4-year period. processes, not just batch processes.
(E) The owner or operator shall in- (B) For pumps, the phrase ‘‘at the
crease the monitoring frequency to frequencies specified in Table 1 of this
once every 2 years for the next moni- subpart’’ in § 63.178(c)(3)(iii) shall mean
toring period if leaking connectors ‘‘quarterly’’ for the purposes of this
comprise at least 0.5 percent but less subpart.
than 1.0 percent of the connectors mon- (v) Section 63.180 of subpart H of this
itored within either the 4 years speci- part, Test methods and procedures,
fied in paragraph (b)(3)(iii)(D) of this shall apply except § 63.180(b)(4)(ii)(A)
section, the first 4 years specified in through (C) of subpart H of this part
paragraph (b)(3)(iii)(G) of this section, shall not apply. Calibration gases shall
or the entire 8 years specified in para- be a mixture of methane and air at a
graph (b)(3)(iii)(G) of this section. At concentration of approximately, but
the end of that 2-year monitoring pe- less than, 10,000 parts per million meth-
riod, the owner or operator shall mon- ane for agitators, 2,000 parts per mil-
itor once per year while the percent lion for pumps, and 500 parts per mil-
leaking connectors is greater than or lion for all other equipment, except as
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 com- ments 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,
than 0.35 percent, the monitoring pro- as detected by Method 21 of 40 CFR
gram shall revert at that time to the part 60, appendix A, no later than 5 cal-
appropriate monitoring frequency spec- endar days after the pressure release to
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ified in paragraph (b)(3)(iii)(D), (E), or verify that the pressure relief device is
(F) of this section. operating with an instrument reading
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Environmental Protection Agency § 63.1363
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 (b)(4)(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- (c) Standards for pumps in light liquid
cept as specified in paragraph (b)(4)(iv) service and agitators in gas/vapor service
of this section, pressure releases to the and in light liquid service. (1) The provi-
atmosphere from pressure relief de- sions of this section apply to each
vices in organic HAP service are pro- pump that is in light liquid service,
hibited, and the owner or operator and to each agitator in gas/vapor serv-
must comply with the requirements ice or in light liquid service.
specified in paragraphs (b)(4)(iii)(A) (2)(i) Monitoring. Each pump and agi-
and (B) of this section for all pressure tator subject to this section shall be
relief devices in organic HAP service. monitored quarterly to detect leaks by
(A) For each pressure relief device in the method specified in § 63.180(b), ex-
organic HAP service, the owner or op- cept as provided in §§ 63.177, 63.178,
erator must equip each pressure relief paragraph (f) of this section, and para-
device with a device(s) or use a moni- graphs (c)(5) through (9) of this section.
toring system that is capable of:
(ii) Leak definition. The instrument
(1) Identifying the pressure release;
reading, as determined by the method
(2) Recording the time and duration
as specified in § 63.180(b) of subpart H of
of each pressure release; and
this part, that defines a leak is:
(3) Notifying operators immediately
(A) For agitators, an instrument
that a pressure release is occurring.
reading of 10,000 parts per million or
The device or monitoring system may
greater.
be either specific to the pressure relief
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 indi- cations 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.
(iv) Pressure relief devices routed to a (3) Repair provisions. (i) When a leak
control device, process, or drain system. If is detected pursuant to paragraph
a pressure relief device in organic HAP (c)(2)(i), (c)(2)(iii)(A), (c)(5)(iv)(A), or
service is designed and operated to (c)(5)(vi)(B) of this section, it shall be
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route all pressure releases through a repaired as soon as practicable, but not
closed vent system to a control device, later than 15 calendar days after it is
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§ 63.1363 40 CFR Ch. I (7–1–21 Edition)
[ ]
%PL = ( PL − PS ) / ( PT − PS ) × 100 ( Eq. 3)
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Environmental Protection Agency § 63.1363
criteria in either paragraph (c)(5) or (6) valves that are either in gas/vapor
of this section, the group of processes service or in light liquid service.
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§ 63.1363 40 CFR Ch. I (7–1–21 Edition)
(2) For existing and new affected the applicable group of processes and
sources, all valves subject to this sec- apply the provisions of paragraph (e)(4)
tion shall be monitored, except as pro- of this section to each subgroup. If the
vided in paragraph (f) of this section owner or operator elects to subdivide
and in § 63.177 of subpart H of this part, the valves in the applicable group of
by no later than 1 year after the com- processes, then the provisions of para-
pliance date. graphs (e)(5)(i) through (viii) of this
(3) Monitoring. The owner or operator section apply.
of a source subject to this section shall (i) The overall performance of total
monitor all valves, except as provided valves in the applicable group of proc-
in paragraph (f) of this section and in esses must be less than 2 percent leak-
§ 63.177 of subpart H of this part, at the ing valves, as detected according to
intervals specified in paragraph (e)(4) paragraphs (e)(3)(i) and (ii) of this sec-
of this section and shall comply with tion and as calculated according to
all other provisions of this section, ex- paragraphs (e)(6)(ii) and (iii) of this
cept as provided in paragraph (b)(3)(i) section.
of this section and §§ 63.178 and 63.179 of (ii) The initial assignment or subse-
subpart H of this part. quent reassignment of valves to sub-
(i) The valves shall be monitored to groups shall be governed by the provi-
detect leaks by the method specified in sions of paragraphs (e)(5)(ii) (A)
§ 63.180(b) of subpart H of this part. 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
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 itoring period for the less frequently
than 2 percent leaking valves, the monitored subgroup. The monitoring
owner or operator shall monitor each results must be included with the less
valve once each quarter, except as pro- frequently monitored subgroup’s moni-
vided in paragraphs (e)(4)(iii) through toring event and associated next per-
(v) of this section. cent leaking valves calculation for
(iii) For a group of processes with that group.
less than 1 percent leaking valves, the (C) Any valve or group of valves can
owner or operator may elect to mon- be reassigned from a more frequently
itor each valve once every 2 quarters. monitored subgroup to a less fre-
(iv) For a group of processes with less quently monitored subgroup provided
than 0.5 percent leaking valves, the that the valves to be reassigned have
owner or operator may elect to mon- not leaked for the period of the less fre-
itor each valve once every 4 quarters. quently monitored subgroup (e.g., for
(v) For a group of processes with less the last 12 months, if the valve or
than 0.25 percent leaking valves, the group of valves is to be reassigned to a
owner or operator may elect to mon- subgroup being monitored annually).
itor each valve once every 2 years. Nonrepairable valves may not be reas-
(5) Calculation of percent leakers. For a signed to a less frequently monitored
group of processes to which this sub- subgroup.
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part applies, the owner or operator (iii) The owner or operator shall de-
may choose to subdivide the valves in termine every 6 months if the overall
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Environmental Protection Agency § 63.1363
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
subgroup valves. The notification shall group of processes or subgroup subject
identify the participating processes to annual or biennial (once every 2
and the valves assigned to each sub- years) monitoring frequencies, the per-
group. cent leaking valves shall be the arith-
(vi) Semiannual reports. In addition to metic average of the percent leaking
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ER23JN99.004</GPH>
the information required by paragraph valves from the last three monitoring
(h)(3) of this section, the owner or oper- periods.
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§ 63.1363 40 CFR Ch. I (7–1–21 Edition)
timing of the monitoring period for vided the owner or operator meets the
periodic monitoring coincides with the requirements specified in paragraph
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Environmental Protection Agency § 63.1363
(f)(2), (3), or (4) of this section, as appli- more than 3 percent of valves as dif-
cable. All equipment, except connec- ficult-to-monitor.
tors that meet the requirements in (iii) The owner or operator of valves,
paragraph (f)(4) of this section, must be agitators, or pumps designated as dif-
assigned to a group of processes. Ce- ficult-to-monitor must have a written
ramic or ceramic-lined connectors are plan that requires monitoring of the
subject to the same requirements as in- equipment at least once per calendar
accessible connectors. year or on the periodic monitoring
(i) For pumps and agitators, para- schedule otherwise applicable to the
graphs (c)(2), (3), and (4) of this section group of processes in which the equip-
do not apply. ment is located, whichever is less fre-
(ii) For valves, paragraphs (e)(2) quent. For any part of a closed-vent
through (7) of this section do not apply. system designated as difficult-to-mon-
(iii) For connectors, § 63.174(b) itor, the owner or operator must have a
through (e) and paragraphs (b)(3)(iii)(C) written plan that requires inspection of
through (G) of this section do not the closed-vent system at least once
apply. every 5 years.
(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
ment is not accessible in a safe manner repaired as soon as practicable, but no
when it is in organic HAP service; later than 15 calendar days after the
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§ 63.1363 40 CFR Ch. I (7–1–21 Edition)
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Environmental Protection Agency § 63.1363
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.
in paragraph (g)(5) of this section. (B) The date and results of follow-up
These records shall be retained for 5 monitoring as required in § 63.174(c) of
years. subpart H of this part. If identification
(4) Monitoring records. When each leak of disturbed connectors is made by lo-
is detected as specified in paragraphs cation, then all connectors within the
(c) and (e) of this section and §§ 63.164, designated location shall be monitored.
63.169, 63.172, and 63.174 of subpart H of (viii) The date and results of the
this part, the owner or operator shall monitoring required in § 63.178(c)(3)(i)
record the information specified in of subpart H of this part for equipment
paragraphs (g)(4)(i) through (ix) of this added to a batch process since the last
section. All records shall be retained monitoring period required in
for 5 years, in accordance with the re- § 63.178(c)(3)(ii) and (iii) of subpart H of
quirements of § 63.10(b)(1) of subpart A this part. If no leaking equipment is
of this part. found in this monitoring, the owner or
(i) The instrument and the equip- operator shall record that the inspec-
ment identification number and the op- tion was performed. Records of the ac-
erator name, initials, or identification tual monitoring results are not re-
number. quired.
(ii) The date the leak was detected (ix) Copies of the periodic reports as
and the date of first attempt to repair specified in paragraph (h)(3) of this sec-
the leak. tion, if records are not maintained on a
(iii) The date of successful repair of computerized data base capable of gen-
the leak. erating summary reports from the
(iv) If postrepair monitoring is re- records.
quired, maximum instrument reading (5) Records of pressure tests. The owner
measured by Method 21 of 40 CFR part or operator who elects to pressure test
60, appendix A, after it is successfully a process equipment train and supply
repaired or determined to be nonrepair- lines between storage and processing
able. areas to demonstrate compliance with
(v) ‘‘Repair delayed’’ and the reason this section is exempt from the re-
for the delay if a leak is not repaired quirements of paragraphs (g)(2), (3), (4),
within 15 calendar days after discovery and (6) of this section. Instead, the
of the leak. owner or operator shall maintain
(A) The owner or operator may de- records of the following information:
velop a written procedure that identi- (i) The identification of each product,
fies the conditions that justify a delay or product code, produced during the
of repair. The written procedures must calendar year. It is not necessary to
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§ 63.1363 40 CFR Ch. I (7–1–21 Edition)
(ii) Records demonstrating the pro- (ii) The maximum instrument read-
portion of the time during the calendar ing measured at each piece of equip-
year the equipment is in use in the ment during each compliance test.
process that is subject to the provi- (7) Records for closed-vent systems. The
sions of this subpart. Examples of suit- owner or operator shall maintain
able documentation are records of time records of the information specified in
in use for individual pieces of equip- paragraphs (g)(7)(i) through (iii) of this
ment or average time in use for the section for closed-vent systems and
process unit. These records are not re- control devices subject to the provi-
quired if the owner or operator does sions of paragraph (b)(3)(ii) of this sec-
not adjust monitoring frequency by the tion. The records specified in para-
time in use, as provided in graph (g)(7)(i) of this section shall be
§ 63.178(c)(3)(iii) of subpart H of this retained for the life of the equipment.
part. The records specified in paragraphs
(iii) Physical tagging of the equip- (g)(7)(ii) and (iii) of this section shall
ment to identify that it is in organic be retained for 5 years.
HAP service and subject to the provi- (i) The design specifications and per-
sions of this section is not required. formance demonstrations specified in
Equipment in a process subject to the paragraphs (g)(7)(i)(A) through (D) of
provisions of this section may be iden- this section.
tified on a plant site plan, in log en- (A) Detailed schematics, design spec-
tries, or by other appropriate methods. ifications of the control device, and
(iv) The dates of each pressure test piping and instrumentation diagrams.
required in § 63.178(b) of subpart H of (B) The dates and descriptions of any
this part, the test pressure, and the changes in the design specifications.
pressure drop observed during the test. (C) The flare design (i.e., steam as-
(v) Records of any visible, audible, or sisted, air assisted, or nonassisted) and
olfactory evidence of fluid loss. the results of the compliance dem-
(vi) When a process equipment train onstration required by § 63.11(b) of sub-
does not pass two consecutive pressure part A of this part.
tests, the following information shall (D) A description of the parameter or
be recorded in a log and kept for 2 parameters monitored, as required in
years: paragraph (b)(3)(ii) of this section, to
(A) The date of each pressure test ensure that control devices are oper-
and the date of each leak repair at- ated and maintained in conformance
tempt. with their design and an explanation of
(B) Repair methods applied in each why that parameter (or parameters)
attempt to repair the leak. was selected for the monitoring.
(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.
sure relief device subject to the provi- (C) Dates and durations of startups
sions in paragraphs (b)(4)(i) and (ii) of and shutdowns of control devices re-
this section. The results shall include: quired in paragraph (c) of this section
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(i) The background level measured and §§ 63.164 through 63.166 of subpart H
during each compliance test. of this part.
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Environmental Protection Agency § 63.1363
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§ 63.1363 40 CFR Ch. I (7–1–21 Edition)
(ii) The notification shall provide the (ii) For equipment complying with
information listed in paragraphs the provisions of paragraphs (b)
(h)(2)(ii)(A) and (B) of this section for through (g) of this section, the Periodic
each process subject to the require- report shall contain the summary in-
ments of paragraph (b)(3)(iv) of this formation listed in paragraphs
section and § 63.178(b) of subpart H of (h)(3)(ii)(A) through (L) of this section
this part. for each monitoring period during the
(A) Products or product codes subject 6-month period.
to the provisions of this section, and (A) The number of valves for which
(B) Planned schedule for pressure leaks were detected as described in
testing when equipment is configured paragraph (e)(2) of this section, the per-
for production of products subject to cent leakers, and the total number of
the provisions of this section. valves monitored;
(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). (H) The number of connectors for
(3) Periodic reports. The owner or op- which leaks were not repaired as re-
erator of a source subject to this sec- quired in § 63.174(d) of subpart H of this
tion shall submit Periodic reports. part, identifying the number of those
(i) A report containing the informa- that are determined nonrepairable;
tion in paragraphs (h)(3)(ii) through (v) (I) The facts that explain any delay
of this section shall be submitted semi- of repairs and, where appropriate, why
annually. The first Periodic report a process shutdown was technically in-
shall be submitted no later than 240 feasible.
days after the date the Notification of (J) The results of all monitoring to
Compliance Status report is due and show compliance with §§ 63.164(i) and
shall cover the 6-month period begin- 63.172(f) conducted within the semi-
ning on the date the Notification of annual reporting period.
Compliance Status report is due. Each (K) If applicable, the initiation of a
subsequent Periodic report shall cover monthly monitoring program under ei-
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the 6-month period following the pre- ther paragraph (c)(4)(ii) or paragraph
ceding period. (e)(4)(i)(A) of this section.
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Environmental Protection Agency § 63.1364
method used for determining this quan- ber 10, 1997, but on or before January 9,
tity. 2012, must be in compliance with the
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§ 63.1365 40 CFR Ch. I (7–1–21 Edition)
pressure relief device monitoring provi- liquids, other than fuels, received by
sions of § 63.1363(b)(4)(iii) no later than the control device.
March 27, 2017. New or reconstructed (i) For an enclosed combustion device
sources that commenced construction used to comply with the provisions of
after January 9, 2012, must be in com- § 63.1362(b)(2)(iv), (b)(4)(ii), (c)(2)(iv)(B),
pliance with the pressure relief device or (c)(3) with a minimum residence
monitoring provisions of time of 0.5 seconds and a minimum
§ 63.1363(b)(4)(iii) upon initial startup or temperature of 760 °C, the design eval-
by March 27, 2014, whichever is later. uation must document that these con-
ditions exist.
[64 FR 33589, June 23, 1999, as amended at 67
FR 13511, Mar. 22, 2002; 67 FR 38203, June 3, (ii) For a combustion control device
2002; 79 FR 17374, Mar. 27, 2014] that does not satisfy the criteria in
paragraph (a)(1)(i) of this section, the
§ 63.1365 Test methods and initial com- design evaluation must document con-
pliance procedures. trol efficiency and address the fol-
(a) General. Except as specified in lowing characteristics, depending on
paragraph (a)(4) of this section, the the type of control device:
procedures specified in paragraphs (c), (A) For a thermal vapor incinerator,
(d), (e), (f), and (g) of this section are the design evaluation must consider
required to demonstrate initial compli- the autoignition temperature of the or-
ance with § 63.1362(b), (c), (d), (f), and ganic HAP, must consider the vent
(g), respectively. The provisions in stream flow rate, and must establish
paragraph (a)(1) of this section apply to the design minimum and average tem-
design evaluations that are used to perature in the combustion zone and
demonstrate compliance with the the combustion zone residence time.
standards for process vents and storage (B) For a catalytic vapor incinerator,
vessels. The provisions in paragraph the design evaluation must consider
(a)(2) of this section apply to perform- the vent stream flow rate and must es-
ance tests that are specified in para- tablish the design minimum and aver-
graphs (c), (d), and (e) of this section. age temperatures across the catalyst
The provisions in paragraph (a)(3) of bed inlet and outlet.
this section describe initial compliance (C) For a boiler or process heater, the
procedures for flares. The provisions in design evaluation must consider the
paragraph (a)(5) of this section are used vent stream flow rate, must establish
to demonstrate initial compliance with the design minimum and average flame
the alternative standards specified in zone temperatures and combustion
§ 63.1362(b)(6) and (c)(4). The provisions zone residence time, and must describe
in paragraph (a)(6) of this section are the method and location where the
used to comply with the outlet con- vent stream is introduced into the
centration requirements specified in flame zone.
§ 63.1362(b)(2)(iv)(A), (b)(3)(ii), (iii) For a condenser, the design eval-
(b)(4)(ii)(A), (b)(5)(ii), and (b)(5)(iii). uation must consider the vent stream
(1) Design evaluation. To demonstrate flow rate, relative humidity, and tem-
that a control device meets the re- perature, and must establish the max-
quired control efficiency, a design eval- imum temperature of the condenser ex-
uation must address the composition haust vent stream and the cor-
and HAP concentration of the vent responding outlet organic HAP com-
stream entering the control device. A pound concentration level or emission
design evaluation also must address rate for which the required reduction is
other vent stream characteristics and achieved.
control device operating parameters as (iv) For a carbon adsorption system
specified in any one of paragraphs that regenerates the carbon bed di-
(a)(1)(i) through (vii) of this section, rectly onsite in the control device such
depending on the type of control device as a fixed-bed adsorber, the design
that is used. If the vent stream is not evaluation must consider the vent
the only inlet to the control device, the stream flow rate, relative humidity,
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Environmental Protection Agency § 63.1365
tion is the sum of the concentrations of ance provisions in paragraphs (c), (d),
the individual components. If compli- and (e) of this section.
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§ 63.1365 40 CFR Ch. I (7–1–21 Edition)
(i) A boiler or process heater with a (i) Combustion device. Except as speci-
design heat input capacity of 44 fied in § 63.1366(b)(5)(ii)(A), if the vent
megawatts or greater. stream is controlled with a combustion
(ii) A boiler or process heater into device, the owner or operator must
which the emission stream is intro- comply with the provisions in para-
duced with the primary fuel. graphs (a)(7)(i)(A) through (C) of this
(5) Initial compliance with alternative section.
standard. Initial compliance with the (A) To comply with a TOC or total
alternative standards in § 63.1362(b)(6) organic HAP outlet concentration
and (c)(4) for combustion devices is standard in § 63.1362(b)(2)(iv)(A),
demonstrated when the outlet TOC (b)(4)(ii)(A), (b)(6), (c)(2)(iv)(B), (c)(4),
concentration is 20 ppmv or less, and (d)(13), or § 63.172, the actual TOC out-
the outlet HCl and chlorine concentra- let concentration must be corrected to
tion is 20 ppmv or less. Initial compli- 3 percent oxygen.
ance with the alternative standards in (B) If the inlet stream to the combus-
§ 63.1362(b)(6) and (c)(4) for noncombus- tion device contains any HCl, chlorine,
tion devices is demonstrated when the or halogenated compounds, and the
outlet TOC concentration is 50 ppmv or owner or operator elects to comply
less, and the outlet HCl and chlorine with a total HCl and chlorine outlet
concentration is 50 ppmv or less. To concentration standard in
demonstrate initial compliance, the § 63.1362(b)(3)(ii), (b)(5)(ii), (b)(5)(iii),
owner or operator shall be in compli- (b)(6), or (c)(4), the actual total HCl and
ance with the monitoring provisions in chlorine outlet concentration must be
§ 63.1366(b)(5) on the initial compliance corrected to 3 percent oxygen.
date. The owner or operator shall use (C) The integrated sampling and
Method 18 to determine the predomi- analysis procedures of Method 3B of 40
nant organic HAP in the emission CFR part 60, appendix A, shall be used
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-
onstrate initial compliance, the oper- Where:
ator shall use applicable test methods Cc = concentration of TOC, total organic
described in paragraphs (b)(1) through HAP, or total HCl and chlorine corrected
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
compliance date. volume.
(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
63.1363 will be demonstrated, the owner chlorine outlet concentration standard,
or operator must correct the outlet the owner or operator must correct the
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Environmental Protection Agency § 63.1365
effects of introducing nonaffected gas- (i) Method 26 or 26A of 40 CFR part 60,
eous streams into the vent streams appendix A.
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§ 63.1365 40 CFR Ch. I (7–1–21 Edition)
(ii) Any other method if the method cedures, including field duplicates and
or data have been validated according field spiking of the material source be-
to the applicable procedures of Method fore or during sampling with com-
301 of appendix A of this part. pounds having similar chemical char-
(7) Method 5 of appendix A of 40 CFR acteristics to the target analytes.
part 60 shall be used to determine the (9) Method 22 of appendix A of 40 CFR
concentration of particulate matter in part 60 shall be used to determine visi-
exhaust gas streams from bag dumps ble emissions from flares.
and product dryers. (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-
No. SW–846, Third Edition, September ment where the flow of gaseous emis-
1986, as amended by Update I, Novem- sions is intermittent (batch operations)
ber 15, 1992. An owner or operator also shall be conducted at absolute peak-
may use any more recent, updated case conditions or hypothetical peak-
version of Method 8260 or 8270 approved case conditions, as specified in para-
by EPA. For the purpose of using graphs (b)(11)(i) and (ii) of this section,
Method 8260 or 8270 to comply with this respectively. Gas stream volumetric
subpart, the owner or operator must flow rates shall be measured at 15-
maintain a formal quality assurance minute intervals. Organic HAP, TOC,
program consistent with either Section or HCl and chlorine concentration shall
8 of Method 8260 or Method 8270. This be determined from samples collected
program must include the elements re- in an integrated sample over the dura-
lated to measuring the concentrations tion of the test, or from grab samples
of volatile compounds that are speci- collected simultaneously with the flow
fied in paragraphs (b)(8)(ii)(A) through rate measurements (every 15 minutes).
(C) of this section. If an integrated sample is collected for
(A) Documentation of site-specific laboratory analysis, the sampling rate
procedures to minimize the loss of shall be adjusted proportionally to re-
compounds due to volatilization, bio- flect variations in flow rate. In all
degradation, reaction, or sorption dur- cases, a site-specific test plan shall be
ing the sample collection, storage, and submitted to the Administrator for ap-
preparation steps. proval prior to testing in accordance
(B) Documentation of specific quality with § 63.7(c). The test plan shall in-
assurance procedures followed during clude the emissions profile described in
sampling, sample preparation, sample paragraph (b)(11)(iii) of this section.
introduction, and analysis. The term ‘‘HAP mass loading’’ as used
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Environmental Protection Agency § 63.1365
either organic or HCl and chlorine, (iii) Emissions profile. The owner or
that the control device is intended to operator may choose to perform tests
control. only during those periods of the peak-
(i) Absolute peak-case. If the most case episode(s) that the owner or oper-
challenging conditions for the control ator selects to control as part of
device occur under maximum HAP achieving the required emission reduc-
load, the absolute peak-case conditions tion. Except as specified in paragraph
shall be characterized by the criteria (b)(11)(iii)(D) of this section, the owner
presented in paragraph (b)(11)(i)(A) or or operator shall develop an emission
(B) of this section. Otherwise, absolute profile for the vent to the control de-
peak-case conditions are defined by the vice that describes the characteristics
conditions in paragraph (b)(11)(i)(C) of of the vent stream at the inlet to the
this section. control device under either absolute or
(A) The period in which the inlet to hypothetical peak-case conditions. The
the control device will contain at least emissions profile shall be developed
50 percent of the maximum HAP mass based on the applicable procedures de-
load that may be vented to the control scribed in paragraphs (b)(11)(iii)(A)
device over any 8-hour period. An emis- through (C) of this section, as required
sion profile as described in paragraph by paragraphs (b)(11)(i) and (ii) of this
(b)(11)(iii)(A) of this section shall be section.
used to identify the 8-hour period that (A) Emissions profile by process. The
includes the maximum projected HAP emissions profile must consider all
load. emission episodes that could con-
(B) A 1-hour period of time in which tribute to the vent stack for a period of
the inlet to the control device will con- time that is sufficient to include all
tain the highest hourly HAP mass processes venting to the stack and
loading rate that may be vented to the shall consider production scheduling.
control device. An emission profile as The profile shall describe the HAP load
described in paragraph (b)(11)(iii)(A) of to the device that equals the highest
this section shall be used to identify sum of emissions from the episodes
the 1-hour period of maximum HAP that can vent to the control device dur-
loading. ing the period of absolute peak-case
(C) The period of time when a condi- conditions specified in paragraph
tion other than the maximum HAP (b)(11)(i)(A), (B), or (C) as appropriate.
load is most challenging for the control Emissions per episode shall be cal-
device. These conditions include, but culated using the procedures specified
are not limited to the following: in paragraph (c)(2) of this section.
(1) Periods when the streams contain When complying with paragraph
the highest combined VOC and HAP (b)(11)(i)(B) of this section, emissions
hourly load, as described by the emis- per episode shall be divided by the du-
sion profiles in paragraph (b)(11)(iii) of ration of the episode if the duration of
this section; or the episode is longer than 1 hour.
(2) Periods when the streams contain (B) Emission profile by equipment. The
HAP constituents that approach the emission profile must consist of emis-
limits of solubility for scrubbing sions that meet or exceed the highest
media; or hourly HAP load that would be ex-
(3) Periods when the streams contain pected under actual processing condi-
HAP constituents that approach the tions. The profile shall describe equip-
limits of adsorptivity for carbon ad- ment configurations used to generate
sorption systems. the emission events, volatility of mate-
(ii) Hypothetical peak-case. Hypo- rials processed in the equipment, and
thetical peak-case conditions are simu- the rationale used to identify and char-
lated test conditions that, at a min- acterize the emission events. The emis-
imum, contain the highest total aver- sions may be based on using a com-
age hourly HAP load of emissions that pound more volatile than compounds
would be predicted to be vented to the actually used in the process(es), and
control device from the emissions pro- the emissions may be generated from
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§ 63.1365 40 CFR Ch. I (7–1–21 Edition)
(C) Emission profile by capture and con- scribed in paragraphs (c)(1) through (3)
trol device limitation. The emission pro- of this section.
file shall consider the capture and con- (1) Compliance with the process vent
trol system limitations and the highest standards in § 63.1362(b) shall be dem-
hourly emissions that can be routed to onstrated in accordance with the provi-
the control device, based on maximum sions specified in paragraphs (c)(1)(i)
flow rate and concentrations possible through (viii) of this section.
because of limitations on conveyance (i) Initial compliance with the emis-
and control equipment (e.g., fans, LEL sion limit cutoffs in § 63.1362(b)(2)(i) and
alarms and safety bypasses). (b)(4)(i) is demonstrated when the un-
(D) Exemptions. The owner or oper- controlled organic HAP emissions from
ator is not required to develop an emis- the sum of all process vents within a
sion profile under the circumstances process are less than or equal to 0.15
described in paragraph (b)(11)(iii)(D)(1) Mg/yr. Uncontrolled HAP emissions
or (2) of this section. shall be determined using the proce-
(1) If all process vents for a process dures described in paragraph (c)(2) of
are controlled using a control device or this section.
series of control devices that reduce (ii) Initial compliance with the emis-
HAP emissions by 98 percent or more, sion limit cutoffs in § 63.1362(b)(3)(i) and
no other emission streams are vented (b)(5)(i) is demonstrated when the un-
to the control device when it is used to controlled HCl and Cl2 emissions from
control emissions from the subject the sum of all process vents within a
process, and the performance test is process are less than or equal to 6.8 Mg/
conducted over the entire batch cycle. yr. Initial compliance with the emis-
sion limit cutoffs in § 63.1362(b)(5)(ii)
(2) If a control device is used to com-
and (iii) is demonstrated when the un-
ply with the outlet concentration limit
controlled HCl and Cl2 emissions are
for process vent emission streams from
greater than or equal to 6.8 Mg/yr or
a single process (but not necessarily all
greater than or equal to 191 Mg/yr, re-
of the process vents from that process),
spectively. Uncontrolled emissions
no other emission streams are vented
shall be determined using the proce-
to the control device while it is used to dures described in paragraph (c)(2) of
control emissions from the subject this section.
process, and the performance test is (iii) Initial compliance with the or-
conducted over the entire batch cycle. ganic HAP percent reduction require-
(iv) Test duration. Three runs, at a ments specified in § 63.1362(b)(2)(ii),
minimum of 1 hour each, are required (iii), and (b)(4)(ii) is demonstrated by
for performance testing. When com- determining controlled HAP emissions
plying with a percent reduction stand- using the procedures described in para-
ard, each test run may be a maximum graph (c)(3) of this section, deter-
of either 24 hours or the duration of the mining uncontrolled HAP emissions
longest batch controlled by the control using the procedures described in para-
device, whichever is shorter, and each graph (c)(2) of this section, and calcu-
run must include the same absolute or lating the applicable percent reduc-
hypothetical peak-case conditions, as tion. As an alternative, if the condi-
defined in paragraph (b)(11)(i) or (ii) of tions specified in paragraph
this section. When complying with an (b)(11)(iii)(D)(1) of this section are met,
outlet concentration limit, each run initial compliance may be dem-
must include the same absolute or hy- onstrated by showing the control de-
pothetical peak-case conditions, as de- vice reduces emissions by 98 percent by
fined in paragraph (b)(11)(i) or (ii) of weight or greater using the procedures
this section, and the duration of each specified in paragraph (c)(3) of this sec-
run may not exceed the duration of the tion.
applicable peak-case condition. (iv) Initial compliance with the HCl
(c) Initial compliance with process vent and Cl2 percent reduction requirements
provisions. The owner or operator of an specified in § 63.1362(b)(3)(ii), (b)(5)(ii),
affected source shall demonstrate com- and (b)(5)(iii) is demonstrated by deter-
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pliance with the process vent standards mining controlled emissions of HCl and
in § 63.1362(b) using the procedures de- Cl2 using the procedures described in
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Environmental Protection Agency § 63.1365
paragraph (c)(3) of this section, deter- (A) Individual HAP partial pressures
mining uncontrolled emissions of HCl in multicomponent systems shall be
and Cl2 using the procedures described determined in accordance with the
in paragraph (c)(2) of this section, and methods specified in paragraphs
calculating the applicable percent re- (c)(2)(i)(A)(1) through (3) of this sec-
duction. tion. Chemical property data may be
(v) Initial compliance with the outlet obtained from standard references.
concentration limits in (1) If the components are miscible in
§ 63.1362(b)(2)(iv)(A), (b)(3)(ii), one another, use Raoult’s law to cal-
(b)(4)(ii)(A), (b)(5)(ii) and (iii) is dem- culate the partial pressures;
onstrated when the outlet TOC or total (2) If the solution is a dilute aqueous
organic HAP concentration is 20 ppmv mixture, use Henry’s law constants to
or less and the outlet HCl and chlorine calculate partial pressures;
concentration is 20 ppmv or less. The (3) If Raoult’s law or Henry’s law are
owner or operator shall demonstrate not appropriate or available, use any of
compliance by fulfilling the require- the methods specified in paragraphs
ments in paragraph (a)(6) of this sec- (c)(2)(i)(A) (3)(i) through (iii) of this sec-
tion. If an owner or operator elects to tion.
develop an emissions profile by process (i) Use experimentally obtained ac-
as described in paragraph (b)(11)(iii)(A) tivity coefficients;
of this section, uncontrolled emissions (ii) Use models such as the group-con-
shall be determined using the proce- tribution models to predict activity co-
dures in paragraph (c)(2) of this sec- efficients;
tion. (iii) Assume the components of the
(vi) Initial compliance with the alter- system behave independently and use
native standard in § 63.1362(b)(6) is dem- the summation of all vapor pressures
onstrated by fulfilling the require- from the HAP as the total HAP partial
ments in paragraph (a)(5) of this sec- pressure;
tion. (B) Charging or filling. Emissions from
(vii) Initial compliance when using a vapor displacement due to transfer of
flare is demonstrated by fulfilling the material to a vessel shall be calculated
requirements in paragraph (a)(3) of this using Equation 9 of this subpart:
section.
(viii) No initial compliance dem- n
× ∑ ( Pi )(MWi )
(V)
onstration is required for control de- E= ( Eq. 9)
vices specified in § 63.1362(l). ( R )( T ) i =1
(2) Uncontrolled emissions. The owner Where:
or operator referred to from paragraphs E = mass of HAP emitted
(c)(1)(i) through (v) of this section shall Pi = partial pressure of the individual HAP
calculate uncontrolled emissions ac- V = volume of gas displaced from the vessel
cording to the procedures described in R = ideal gas law constant
paragraph (c)(2)(i) or (ii) of this sec- T = temperature of the vessel vapor space;
tion, as appropriate. absolute
(i) Emission estimation procedures. The MWi = molecular weight of the individual
HAP
owner or operator shall determine un-
controlled HAP emissions using emis- (C) Purging. Emissions from purging
sion measurements and/or calculations shall be calculated using Equation 10 of
for each batch emission episode accord- this subpart, except that for purge flow
ing to the engineering evaluation rates greater than 100 scfm, the mole
methodology in paragraphs (c)(2)(i)(A) fraction of HAP will be assumed to be
through (H) of this section. 25 percent of the saturated value.
n
⎛ (V)(t) ⎞ PT
E = ∑ Pi MWi × ⎜ ⎟× ( Eq. 10)
⎝ (R)(T) ⎠
( )
m
i =1 PT − ∑ Pj
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§ 63.1365 40 CFR Ch. I (7–1–21 Edition)
Where: temperature less than the boiling point
E = mass of HAP emitted shall be calculated using the proce-
V = purge flow rate at the temperature and dures in either paragraph (c)(2)(i)(D)(1),
pressure of the vessel vapor space (2), or (4) of this section, as appro-
R = ideal gas law constant priate. If the contents of a vessel are
T = temperature of the vessel vapor space; heated to the boiling point, emissions
absolute
while boiling are assumed to be zero if
Pi = partial pressure of the individual HAP
Pj = partial pressure of individual conden-
the owner or operator is complying
sable compounds (including HAP) with the provisions in paragraph
PT = pressure of the vessel vapor space (d)(2)(i)(C)(3) of this section.
MWi = molecular weight of the individual (1) If the final temperature to which
HAP the vessel contents are heated is lower
t = time of purge than 50 K below the boiling point of the
n = number of HAP compounds in the emis- HAP in the vessel, then emissions shall
sion stream be calculated using Equations 11
m = number of condensable compounds (in- through 14 of this subpart.
cluding HAP) in the emission stream.
(i) The mass of HAP emitted per epi-
(D) Heating. Emissions caused by sode shall be calculated using Equation
heating the contents of a vessel to a 11 of this subpart:
n n
∑ (Pi ) T1 ∑ (Pi ) T 2
i =1 i =1
+
Pa 1 Pa 2
E= × Δη × MWHAP ( Eq. 11)
2
( )
n = number of HAP compounds in the dis- m
placed vapor Pa n = Pa atm − ∑ Pj (Eq. 13)
Tn
(ii) The moles of noncondensable gas j=1
displaced shall be calculated using Where:
Equation 12 of this subpart: Pan = partial pressure of noncondensable gas
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Environmental Protection Agency § 63.1365
(iv) The average molecular weight of culated using Equation 14 of this sub-
HAP in the displaced gas shall be cal- part:
⎛ ⎞
⎛
( ) ⎞⎟
m
PT − ∑ Pi,1
⎜ ⎜ ⎟
⎟ − ( n HAP,2 − n HAP,1 )⎟
i =1
E = MWHAP × ⎜ N avg × 1n⎜ ( Eq. 15)
( ) ⎟⎠
m
⎜ ⎜ PT − ∑ Pi,2 ⎟
⎝ ⎝ i =1 ⎠
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§ 63.1365 40 CFR Ch. I (7–1–21 Edition)
Where: culated using Equation 16 of this sub-
E = mass of HAP vapor displaced from the part.
vessel being heated
Navg = average gas space molar volume dur- VPT ⎛ 1 1⎞
ing the heating process, as calculated N avg = ⎜ + ⎟ (Eq. 16)
using Equation 16 of this subpart 2R ⎝ 1
T T2⎠
PT = total pressure in the vessel
Pi, 1 = partial pressure of the individual HAP Where:
compounds at T1 Navg = average gas space molar volume dur-
Pi, 2 = partial pressure of the individual HAP ing the heating process
compounds at T2 V = volume of free space in vessel
MWHAP = average molecular weight of the PT = total pressure in the vessel
HAP compounds, as calculated using R = ideal gas law constant
Equation 14 of this subpart T1 = initial temperature of the vessel con-
nHAP, 1 = number of moles of total HAP in the tents, absolute
vessel headspace at T1 T2 = final temperature of the vessel contents,
nHAP, 2 = number of moles of total HAP in the absolute
vessel headspace at T2 (iii) The difference in the number of
m = number of HAP compounds in the emis- moles of total HAP in the vessel
sion stream.
headspace between the initial and final
(ii) The average gas space molar vol- temperatures is calculated using Equa-
ume during the heating process is cal- tion 17 of this subpart.
n n
(n HAP,2 − n HAP,1 ) = (R)(T
V
)
∑ Pi,2 −
V
∑
(R)(T1 ) i =1