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Electronic Code of Federal Regulations

e-CFR Data is current as of April 21, 2014

Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)


Subpart AA—National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants


Contents
§63.600   Applicability.
§63.601   Definitions.
§63.602   Standards for existing sources.
§63.603   Standards for new sources.
§63.604   Operating requirements.
§63.605   Monitoring requirements.
§63.606   Performance tests and compliance provisions.
§63.607   Notification, recordkeeping, and reporting requirements.
§63.608   Applicability of general provisions.
§63.609   Compliance dates.
§63.610   Exemption from new source performance standards.
§63.611   Implementation and enforcement.
Appendix A to Subpart AA of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart AA

§63.600   Applicability.

(a) Except as provided in paragraphs (c), (d), and (e) of this section, the requirements of this subpart apply to the owner or operator of each phosphoric acid manufacturing plant.

(b) The requirements of this subpart apply to emissions of hazardous air pollutants (HAPs) emitted from the following new or existing affected sources at a phosphoric acid manufacturing plant:

(1) Each wet-process phosphoric acid process line. The requirements of this subpart apply to the following emission points which are components of a wet-process phosphoric acid process line: reactors, filters, evaporators, and hot wells;

(2) Each evaporative cooling tower at a phosphoric acid manufacturing plant;

(3) Each phosphate rock dryer located at a phosphoric acid manufacturing plant;

(4) Each phosphate rock calciner located at a phosphoric acid manufacturing plant;

(5) Each superphosphoric acid process line. The requirements of this subpart apply to the following emission points which are components of a superphosphoric acid process line: evaporators, hot wells, acid sumps, and cooling tanks; and

(6) Each purified acid process line. The requirements of this subpart apply to the following emission points which are components of a purified phosphoric acid process line: solvent extraction process equipment, solvent stripping and recovery equipment, seal tanks, carbon treatment equipment, cooling towers, storage tanks, pumps and process piping.

(c) The requirements of this subpart do not apply to the owner or operator of a new or existing phosphoric acid manufacturing plant that is not a major source as defined in §63.2.

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

(e) The emission limitations and operating parameter requirements of this subpart do not apply during periods of startup, shutdown, or malfunction, as those terms are defined in §63.2, provided that the source is operated in accordance with §63.6(e)(1)(i).

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001; 71 FR 20457, Apr. 20, 2006]

§63.601   Definitions.

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

Equivalent P2O5 feed means the quantity of phosphorus, expressed as phosphorous pentoxide, fed to the process.

Evaporative cooling tower means an open water recirculating device that uses fans or natural draft to draw or force ambient air through the device to remove heat from process water by direct contact.

Exceedance means a departure from an indicator range established under this subpart, consistent with any averaging period specified for averaging the results of the monitoring.

HAP metals mean those metals and their compounds (in particulate or volatile form) that are included on the list of hazardous air pollutants in section 112 of the Clean Air Act. HAP metals include, but are not limited to: antimony, arsenic, beryllium, cadmium, chromium, lead, manganese, nickel, and selenium expressed as particulate matter as measured by the methods and procedures in this subpart or an approved alternative method. For the purposes of this subpart, HAP metals are expressed as particulate matter as measured by 40 CFR part 60, appendix A, Method 5.

Phosphate rock calciner means the equipment used to remove moisture and organic matter from phosphate rock through direct or indirect heating.

Phosphate rock dryer means the equipment used to reduce the moisture content of phosphate rock through direct or indirect heating.

Phosphate rock feed means all material entering any phosphate rock dryer or phosphate rock calciner including moisture and extraneous material as well as the following ore materials: fluorapatite, hydroxylapatite, chlorapatite, and carbonateapatite.

Purified phosphoric acid process line means any process line which uses a HAP as a solvent in the separation of impurities from the product acid for the purposes of rendering that product suitable for industrial, manufacturing or food grade uses.

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

Superphosphoric acid process line means any process line which concentrates wet-process phosphoric acid to 66 percent or greater P2O5 content by weight.

Total fluorides means elemental fluorine and all fluoride compounds, including the HAP hydrogen fluoride, as measured by reference methods specified in 40 CFR part 60, appendix A , Method 13 A or B, or by equivalent or alternative methods approved by the Administrator pursuant to §63.7(f).

Wet process phosphoric acid process line means any process line manufacturing phosphoric acid by reacting phosphate rock and acid.

§63.602   Standards for existing sources.

(a) Wet process phosphoric acid process line. On and after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain total fluorides in excess of 10.0 gram/metric ton of equivalent P2O5 feed (0.020 lb/ton).

(b) Superphosphoric acid process line—(1) Vacuum evaporation process. On and after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain total fluorides in excess of 5.0 gram/metric ton of equivalent P2O5 feed (0.010 lb/ton).

(2) Submerged combustion process. On and after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain total fluorides in excess of 100.0 gram/metric ton of equivalent P2O5 feed (0.20 lb/ton).

(c) Phosphate rock dryer. On or after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain particulate matter in excess of 0.10750 kilogram/metric ton of phosphate rock feed (0.2150 lb/ton).

(d) Phosphate rock calciner. On or after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain particulate matter in excess of 0.1810 gram per dry standard cubic meter (g/dscm) (0.080 grains per dry standard cubic foot (gr/dscf)).

(e) Evaporative cooling tower. No owner or operator shall introduce into any evaporative cooling tower any liquid effluent from any wet scrubbing device installed to control emissions from process equipment. Each owner or operator of an affected source subject to this paragraph (e) must certify to the Administrator annually that he/she has complied with the requirements contained in this section.

(f) Purified phosphoric acid process line. (1) Each owner or operator subject to the provisions of this subpart shall comply with the provisions of subpart H of this part.

(2) For any existing purified phosphoric acid process line, any of the following shall constitute a violation of this subpart:

(i) A thirty day average of daily concentration measurements of methyl isobutyl ketone in excess of twenty parts per million for each product acid stream.

(ii) A thirty day average of daily concentration measurements of methyl isobutyl ketone in excess of thirty parts per million for each raffinate stream.

(iii) A daily average chiller stack exit gas stream temperature in excess of fifty degrees Fahrenheit.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 40579, June 12, 2002; 67 FR 40817, June 13, 2002]

§63.603   Standards for new sources.

(a) Wet process phosphoric acid process line. On and after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain total fluorides in excess of 6.750 gram/metric ton of equivalent P2O5 feed (0.01350 lb/ton).

(b) Superphosphoric acid process line. On and after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain total fluorides in excess of 4.350 gram/metric ton of equivalent P2O5 feed (0.00870 lb/ton).

(c) Phosphate rock dryer. On or after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain particulate matter in excess of 0.030 kilogram/megagram of phosphate rock feed (0.060 lb/ton).

(d) Phosphate rock calciner. On or after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected source any gases which contain particulate matter in excess of 0.0920 gram per dry standard cubic meter (g/dscm) [0.040 grain per dry standard cubic foot (gr/dscf)].

(e) Evaporative cooling tower. No owner or operator shall introduce into any evaporative cooling tower any liquid effluent from any wet scrubbing device installed to control emissions from process equipment. Each owner or operator of an affected source subject to this paragraph (e) must certify to the Administrator annually that he/she has complied with the requirements contained in this section.

(f) Purified phosphoric acid process line. (1) Each owner or operator subject to the provisions of this subpart shall comply with the provisions of subpart H of this part.

(2) For any new purified phosphoric acid process line, any of the following shall constitute a violation of this subpart:

(i) A thirty day average of daily concentration measurements of methyl isobutyl ketone in excess of twenty parts per million for each product acid stream.

(ii) A thirty day average of daily concentration measurements of methyl isobutyl ketone in excess of thirty parts per million for each raffinate stream.

(iii) A daily average chiller stack exit gas stream temperature in excess of fifty degrees Fahrenheit.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001]

§63.604   Operating requirements.

On or after the date on which the performance test required to be conducted by §§63.7 and 63.606 is required to be completed, the owner/operator using a wet scrubbing emission control system must maintain daily averages of the pressure drop across each scrubber and of the flow rate of the scrubbing liquid to each scrubber within the allowable ranges established pursuant to the requirements of §63.605(d)(1) or (2).

[67 FR 40818, June 13, 2002]

§63.605   Monitoring requirements.

(a)(1) Each owner or operator of a new or existing wet-process phosphoric acid process line or superphosphoric acid process line subject to the provisions of this subpart shall install, calibrate, maintain, and operate a monitoring system which can be used to determine and permanently record the mass flow of phosphorus-bearing feed material to the process. The monitoring system shall have an accuracy of ±5 percent over its operating range.

(2) Each owner or operator of a new or existing phosphate rock dryer or phosphate rock calciner subject to the provisions of this subpart shall install, calibrate, maintain, and operate a monitoring system which can be used to determine and permanently record either the mass flow of phosphorus-bearing feed material to the dryer or calciner, or the mass flow of product from the dryer or calciner. The monitoring system shall have an accuracy of ±5 percent over its operating range. Since the emissions limits under §§63.602(c) and 63.603(c) for the phosphate rock dryer are in the format of kilogram/megagram (lb/ton) of phosphate rock feed, during performance testing required in §63.606, the owner or operator that chooses to operate a monitoring system to determine and permanently record the mass flow of product from the dryer must either simultaneously monitor the dryer feed rate and dryer output rate, or monitor the dryer output rate and the dryer input and output moisture contents and calculate the corresponding dryer input rate.

(b)(1) Each owner or operator of a new or existing wet-process phosphoric acid process line or superphosphoric acid process line subject to the provisions of this subpart shall maintain a daily record of equivalent P2O5 feed by first determining the total mass rate in metric ton/hour of phosphorus bearing feed using a monitoring system for measuring mass flowrate which meets the requirements of paragraph (a) of this section and then by proceeding according to §63.606(c)(3).

(2) Each owner or operator of a new or existing phosphate rock calciner or phosphate rock dryer subject to the provisions of this subpart shall maintain a daily record of the following:

(i) For owners and operators that monitor the mass flow of phosphorus-bearing feed material to the dryer or calciner, a daily record of phosphate rock feed by determining the total mass rate in metric ton/hour of phosphorus-bearing feed using a monitoring system for measuring mass flowrate which meets the requirements of paragraph (a)(2) of this section.

(ii) For owners and operators that monitor the mass flow of product from the dryer or calciner, a daily record of product by determining the total mass rate in metric ton/hour of product using a monitoring system for measuring mass flowrate which meets the requirements of paragraph (a)(2) of this section.

(c) Each owner or operator of a new or existing wet-process phosphoric acid process line, superphosphoric acid process line, phosphate rock dryer or phosphate rock calciner using a wet scrubbing emission control system shall install, calibrate, maintain, and operate the following monitoring systems:

(1) A monitoring system which continuously measures and permanently records the pressure drop across each scrubber in the process scrubbing system in 15-minute block averages. The monitoring system shall be certified by the manufacturer to have an accuracy of ±5 percent over its operating range.

(2) A monitoring system which continuously measures and permanently records the flow rate of the scrubbing liquid to each scrubber in the process scrubbing system in 15-minute block averages. The monitoring system shall be certified by the manufacturer to have an accuracy of ±5 percent over its operating range.

(d) Following the date on which the performance test required in §63.606 is completed, the owner or operator of a new or existing affected source using a wet scrubbing emission control system and subject to emissions limitations for total fluorides or particulate matter contained in this subpart must establish allowable ranges for operating parameters using the methodology of either paragraph (d)(1) or (2) of this section:

(1) The allowable range for the daily averages of the pressure drop across each scrubber and of the flow rate of the scrubbing liquid to each scrubber in the process scrubbing system is ±20 percent of the baseline average value determined as a requirement of §63.606(c)(4), (d)(4), or (e)(2). The Administrator retains the right to reduce the ±20 percent adjustment to the baseline average values of operating ranges in those instances where performance test results indicate that a source's level of emissions is near the value of an applicable emissions standard, but, in no instance shall the adjustment be reduced to less than ±10 percent. The owner or operator must notify the Administrator of the baseline average value and must notify the Administrator each time that the baseline value is changed as a result of the most recent performance test. When a source using the methodology of this paragraph is retested, the owner or operator shall determine whether new allowable ranges of baseline average values will be based upon the new performance test or (if the new performance test results are within the previously established range) whether there will be no change in the operating parameters derived from previous tests. When a source using the methodology of this paragraph is retested and the performance test results are submitted to the Administrator pursuant to §§63.607(c)(1), 63.7(g)(1), and/or 63.10(d)(2), the owner or operator will indicate whether the operating range will be based on the new performance test or the previously established range. If the Administrator has not denied approval of the new operating ranges within 30 days of submission of the performance test results, the new ranges shall be deemed approved and the new baseline value shall then be effective on the 31st day following submission.

(2) The owner or operator of any new or existing affected source shall establish, and provide to the Administrator for approval, allowable ranges for the daily averages of the pressure drop across and of the flow rate of the scrubbing liquid to each scrubber in the process scrubbing system for the purpose of assuring compliance with this subpart. Allowable ranges may be based upon baseline average values recorded during previous performance tests using the test methods required in §63.606(c)(4), (d)(4), or (e)(2). As an alternative, the owner or operator can establish the allowable ranges using the results of performance tests conducted specifically for the purposes of this paragraph using the test methods required in this subpart and established in the manner required in §63.606(c)(4), (d)(4), or (e)(2). The source shall certify that the control devices and processes have not been modified subsequent to the testing upon which the data used to establish the allowable ranges were obtained. The allowable ranges developed pursuant to the provisions of this paragraph must be submitted to the Administrator for approval. The owner or operator must request and obtain approval of the Administrator for changes to the allowable ranges. When a source using the methodology of this paragraph is retested, the owner or operator shall determine new allowable ranges of baseline average values unless the retest indicates no change in the operating parameters outside the previously established ranges. If the Administrator has not denied approval of the new operating ranges within 30 days of submission of the performance test results, the new ranges shall be deemed approved and the new baseline value shall then be effective on the 31st day following submission.

(e) Each owner or operator of a new or existing purified phosphoric acid process line shall:

(1) Install, calibrate, maintain, and operate a monitoring system which continuously measures and permanently records the stack gas exit temperature for each chiller stack.

(2) Measure and record the concentration of methyl isobutyl ketone in each product acid stream and each raffinate stream once daily.

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 65076, Dec. 17, 2001]

§63.606   Performance tests and compliance provisions.

(a)(1) On or before the applicable compliance date in §63.609 and once per annum thereafter, each owner or operator of a phosphoric acid manufacturing plant shall conduct a performance test to demonstrate compliance with the applicable emission standard for each existing wet-process phosphoric acid process line, superphosphoric acid process line, phosphate rock dryer, and phosphate rock calciner. The owner or operator shall conduct the performance test according to the procedures in subpart A of this part and in this section.

(2) As required by §63.7(a)(2) and once per annum thereafter, each owner or operator of a phosphoric acid manufacturing plant shall conduct a performance test to demonstrate compliance with the applicable emission standard for each new wet-process phosphoric acid process line, superphosphoric acid process line, phosphate rock dryer, and phosphate rock calciner. The owner or operator shall conduct the performance test according to the procedures in subpart A of this part and in this section.

(b) In conducting performance tests, each owner or operator of an affected source shall use as reference methods and procedures the test methods in 40 CFR part 60, appendix A, or other methods and procedures as specified in this section, except as provided in §63.7(f).

(c) Each owner or operator of a new or existing wet-process phosphoric acid process line or superphosphoric acid process line shall determine compliance with the applicable total fluorides standards in §63.602 or §63.603 as follows:

(1) The emission rate (E) of total fluorides shall be computed for each run using the following equation:

eCFR graphic er10jn99.000.gif

View or download PDF

Where:

E = emission rate of total fluorides, g/metric ton (lb/ton) of equivalent P2O5 feed.

Csi = concentration of total fluorides from emission point “i,” mg/dscm (mg/dscf).

Qsdi = volumetric flow rate of effluent gas from emission point “i,” dscm/hr (dscf/hr).

N = number of emission points associated with the affected facility.

P = equivalent P2O5 feed rate, metric ton/hr (ton/hr).

K = conversion factor, 1000 mg/g (453,600 mg/lb).

(2) Method 13A or 13B (40 CFR part 60, appendix A) shall be used to determine the total fluorides concentration (Csi) and volumetric flow rate (Qsdi) of the effluent gas from each of the emission points. If Method 13B is used, the fusion of the filtered material described in Section 7.3.1.2 and the distillation of suitable aliquots of containers 1 and 2, described in section 7.3.3 and 7.3.4. in Method 13 A, may be omitted. The sampling time and sample volume for each run shall be at least 60 minutes and 0.85 dscm (30 dscf).

(3) The equivalent P2O5 feed rate (P) shall be computed using the following equation:

P = Mp Rp

Where:

Mp = total mass flow rate of phosphorus-bearing feed, metric ton/hr (ton/hr).

Rp = P2O5 content, decimal fraction.

(i) The accountability system described in §63.605(a) and (b) shall be used to determine the mass flow rate (Mp) of the phosphorus-bearing feed.

(ii) The P2O5 content (Rp) of the feed shall be determined using as appropriate the following methods (incorporated by reference—see 40 CFR 63.14) specified in the Book of Methods Used and Adopted By The Association Of Florida Phosphate Chemists, Seventh Edition 1991, where applicable:

(A) Section IX, Methods of Analysis For Phosphate Rock, No. 1 Preparation of Sample.

(B) Section IX, Methods of Analysis For Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method A-Volumetric Method.

(C) Section IX, Methods of Analysis For Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method B-Gravimetric Quimociac Method.

(D) Section IX, Methods of Analysis For Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method C-Spectrophotometric Method.

(E) Section XI, Methods of Analysis For Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method A-Volumetric Method.

(F) Section XI, Methods of Analysis For Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method B-Gravimetric Quimociac Method.

(G) Section XI, Methods of Analysis For Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method C-Spectrophotometric Method.

(4) To comply with §63.605(d) (1) or (2), the owner or operator shall use the monitoring systems in §63.605(c) to determine the average pressure loss of the gas stream across each scrubber in the process scrubbing system and to determine the average flow rate of the scrubber liquid to each scrubber in the process scrubbing system during each of the total fluoride runs. The arithmetic averages of the three runs shall be used as the baseline average values for the purposes of §63.605(d) (1) or (2).

(d) Each owner or operator of a new or existing phosphate rock dryer shall demonstrate compliance with the particulate matter standards in §63.602 or §63.603 as follows:

(1) The emission rate (E) of particulate matter shall be computed for each run using the following equation:

E = (Cs Qsd)/(P K)

Where:

E = emission rate of particulate matter, kg/Mg (lb/ton) of phosphate rock feed.

Cs = concentration of particulate matter, g/dscm (g/dscf).

Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/hr).

P = phosphate rock feed rate, Mg/hr (ton/hr).

K = conversion factor, 1000 g/kg (453.6 g/lb).

(2) Method 5 (40 CFR part 60, appendix A) shall be used to determine the particulate matter concentration (cs) and volumetric flow rate (Qsd) of the effluent gas. The sampling time and sample volume for each run shall be at least 60 minutes and 0.85 dscm (30 dscf).

(3) The system described in §63.605(a) shall be used to determine the phosphate rock feed rate (P) for each run.

(4) To comply with §63.605(d) (1) or (2), the owner or operator shall use the monitoring systems in §63.605(c) to determine the average pressure loss of the gas stream across each scrubber in the process scrubbing system and to determine the average flow rate of the scrubber liquid to each scrubber in the process scrubbing system during each of the particulate matter runs. The arithmetic average of the one-hour averages determined during the three test runs shall be used as the baseline average values for the purposes of §63.605(d) (1) or (2).

(e) Each owner or operator of a new or existing phosphate rock calciner shall demonstrate compliance with the particulate matter standards in §§63.602 and 63.603 as follows:

(1) Method 5 (40 CFR part 60, appendix A) shall be used to determine the particulate matter concentration. The sampling time and volume for each test run shall be at least 60 minutes and 1.70 dscm.

(2) To comply with §63.605(d) (1) or (2), the owner or operator shall use the monitoring systems in §63.605(c) to determine the average pressure loss of the gas stream across each scrubber in the process scrubbing system and to determine the average flow rate of the scrubber liquid to each scrubber in the process scrubbing system during each of the particulate matter runs. The arithmetic average of the one-hour averages determined during the three test runs shall be used as the baseline average values for the purposes of §63.605(d) (1) or (2).

§63.607   Notification, recordkeeping, and reporting requirements.

(a) Each owner or operator subject to the requirements of this subpart shall comply with the notification requirements in §63.9.

(b) Each owner or operator subject to the requirements of this subpart shall comply with the recordkeeping requirements in §63.10.

(c) The owner or operator of an affected source shall comply with the reporting requirements specified in §63.10 as follows:

(1) Performance test report. As required by §63.10, the owner or operator shall report the results of the initial and annual performance tests as part of the notification of compliance status required in §63.9.

(2) Excess emissions report. As required by §63.10, the owner or operator of an affected source shall submit an excess emissions report for any exceedance of an operating parameter limit. The report shall contain the information specified in §63.10. When no exceedances of an operating parameter have occurred, such information shall be included in the report. The report shall be submitted semiannually and shall be delivered or postmarked by the 30th day following the end of the calendar half. If exceedances are reported, the owner or operator shall report quarterly until a request to reduce reporting frequency is approved as described in §63.10.

(3) Summary report. If the total duration of control system exceedances for the reporting period is less than 1 percent of the total operating time for the reporting period, the owner or operator shall submit a summary report containing the information specified in §63.10 rather than the full excess emissions report, unless required by the Administrator. The summary report shall be submitted semiannually and shall be delivered or postmarked by the 30th day following the end of the calendar half.

(4) If the total duration of control system operating parameter exceedances for the reporting period is 1 percent or greater of the total operating time for the reporting period, the owner or operator shall submit a summary report and the excess emissions report.

§63.608   Applicability of general provisions.

The requirements of the general provisions in subpart A of this part that are applicable to the owner or operator subject to the requirements of this subpart are shown in appendix A to this subpart.

§63.609   Compliance dates.

(a) Each owner or operator of an existing affected source at a phosphoric acid manufacturing plant shall achieve compliance with the requirements of this subpart no later than June 10, 2002. Notwithstanding the requirements of §63.7(a)(2)(iii), each owner or operator of an existing source at an affected existing phosphoric acid manufacturing plant shall fulfill the applicable requirements of §63.606 no later than June 10, 2002.

(b) Each owner or operator of a phosphoric acid manufacturing plant that commences construction or reconstruction of an affected source after December 27, 1996 shall achieve compliance with the requirements of this subpart upon startup of operations or by June 10, 1999, whichever is later.

§63.610   Exemption from new source performance standards.

Any affected source subject to the provisions of this subpart is exempted from any otherwise applicable new source performance standard contained in 40 CFR part 60, subpart T, subpart U or subpart NN. To be exempt, a source must have a current operating permit pursuant to Title V of the Act and the source must be in compliance with all requirements of this subpart. For each affected source, this exemption is effective upon the date that the owner or operator demonstrates to the Administrator that the requirements of §§63.604, 63.605 and 63.606 have been met.

§63.611   Implementation and enforcement.

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

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

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

(1) Approval of alternatives to the requirements in §§63.600, 63.602 through 63.604, and 63.609 through 63.610.

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

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

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

[68 FR 37351, June 23, 2003]

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

40 CFR citationRequirementApplies to
subpart AA
Comment
63.1(a)(1) through (4)General ApplicabilityYes.
63.1(a)(5)No[Reserved].
63.1(a)(6) through (8)Yes.
63.1(a)(9)No[Reserved].
63.1(a)(10) through (14)Yes.
63.1(b)Initial Applicability DeterminationYes.
63.1(c)(1)Applicability After Standard EstablishedYes.
63.1(c)(2)Yes.Some plants may be area sources.
63.1(c)(3)No[Reserved].
63.1(c)(4) and (5)Yes.
63.1(d)No[Reserved].
63.1(e)Applicability of Permit ProgramYes.
63.2DefinitionsYes.Additional definitions in §63.601.
63.3Units and AbbreviationsYes.
63.4(a)(1) through (3)Prohibited ActivitiesYes.
63.4(a)(4)No[Reserved].
63.4(a)(5)Yes.
63.4(b) and (c)Circumvention/SeverabilityYes.
63.5(a)Construction/Reconstruction ApplicabilityYes.
63.5(b)(1)Existing, New, Reconstructed Sources RequirementsYes.
63.5(b)(2)No[Reserved].
63.5(b)(3) through (6)Yes.
63.5(c)No[Reserved].
63.5(d)Application for Approval of Construction/ ReconstructionYes.
63.5(e)Approval of Construction/ReconstructionYes.
63.5(f)Approval of Construction/Reconstruction Based on State ReviewYes.
63.6(a)Compliance with Standards and Maintenance ApplicabilityYes.
63.6(b)(1) through (5)New and Reconstructed Sources DatesYes.See also §63.609.
63.6(b)(6)No[Reserved].
63.6(b)(7)Yes.
63.6(c)(1)Existing Sources DatesYes.§63.609 specifies dates.
63.6(c)(2)Yes.
63.6(c)(3) and (4)No[Reserved].
63.6(c)(5)Yes.
63.6(d)No[Reserved].
63.6(e)(1) and (2)Operation & Maintenance RequirementsYes
63.6(e)(3)Startup, Shutdown, and Malfunction PlanYes
63.6(f)Compliance with Emission StandardsYes
63.6(g)Alternative StandardYes.
63.6(h)Compliance with Opacity/VE StandardsNoSubpart AA does not include VE/opacity standards.
63.6(i)(1) through (14)Extension of ComplianceYes.
63.6(i)(15)No[Reserved].
63.6(i)(16)Yes.
63.6(j)Exemption from ComplianceYes.
63.7(a)Performance Test Requirements ApplicabilityYes.§63.609(a) applies rather than §63.7(a)(2)(iii).
63.7(b)NotificationYes.
63.7(c)Quality Assurance/Test PlanYes.
63.7(d)Testing FacilitiesYes.
63.7(e)Conduct of TestsYes.§§63.604 and 63.605 specify additional requirements.
63.7(f)Alternative Test MethodYes.
63.7(g)Data AnalysisYes.
63.7(h)Waiver of TestsYes.
63.8(a)(1)Monitoring Requirements ApplicabilityYes.
63.8(a)(2)NoSubpart AA does not require CMS performance specifications.
63.8(a)(3)No[Reserved].
63.8(a)(4)Yes.
63.8(b)Conduct of MonitoringYes.
63.8(c)(1) through (4)CMS Operation/MaintenanceYes.
63.8(c)(5) through (8)NoSubpart AA does not require COMS/CEMS or CMS performance specifications.
63.8(d)Quality ControlYes.
63.8(e)CMS Performance EvaluationNoSubpart AA does not require CMS performance evaluations
63.8(f)(1) through (5)Alternative Monitoring MethodYes.
63.8(f)(6)Alternative to RATA TestNoSubpart AA does not require CEMS.
63.8(g)(1)Data ReductionYes.
63.8(g)(2)NoSubpart AA does not require COMS or CEMS
63.8(g)(3) through (5)Yes.
63.9(a)Notification Requirements ApplicabilityYes.
63.9(b)Initial NotificationsYes.
63.9(c)Request for Compliance ExtensionYes.
63.9(d)New Source Notification for Special Compliance RequirementsYes.
63.9(e)Notification of Performance TestYes.
63.9(f)Notification of VE/Opacity TestNoSubpart AA does not include VE/opacity standards.
63.9(g)Additional CMS NotificationsNoSubpart AA does not require CMS performance evaluation, COMS, or CEMS.
63.9(h)(1) through (3)Notification of Compliance StatusYes.
63.9(h)(4)No[Reserved].
63.9(h)(5) and (6)Yes.
63.9(i)Adjustment of DeadlinesYes.
63.9(j)Change in Previous InformationYes.
63.10(a)Recordkeeping/Reporting-ApplicabilityYes.
63.10(b)General Recordkeeping RequirementsYes.
63.10(c)(1)Additional CMS RecordkeepingYes.
63.10(c)(2) through (4)No[Reserved].
63.10(c)(5)Yes.
63.10(c)(6)NoSubpart AA does not require CMS performance specifications.
63.10(c)(7) and (8)Yes.
63.10(c)(9)No[Reserved].
63.10(c)(10) through (13)Yes.
63.10(c)(14)NoSubpart AA does not require a CMS quality control program.
63.10(c)(15)Yes.
63.10(d)(1)General Reporting RequirementsYes.
63.10(d)(2)Performance Test ResultsYes.
63.10(d)(3)Opacity or VE ObservationsNoSubpart AA does not include VE/opacity standards.
63.10(d)(4) and (5)Progress Reports/Startup, Shutdown, and Malfunction ReportsYes.
63.10(e)(1) and (2)Additional CMS ReportsNoSubpart AA does not require CEMS or CMS performance evaluations.
63.10(e)(3)Excess Emissions/CMS Performance ReportsYes.§63.606(c)(2) includes additional requirements. A CMS performance report is not required.
63.10(e)(4)COMS Data ReportsNoSubpart AA does not require COMS.
63.10(f)Recordkeeping/Reporting WaiverYes.
63.11(a)Control Device Requirements ApplicabilityYes.
63.11(b)FlaresNoFlares not applicable.
63.12State Authority and DelegationsYes.
63.13AddressesYes.
63.14Incorporation by ReferenceYes.
63.15Information Availability/ConfidentialityYes.


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