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Electronic Code of Federal Regulations

e-CFR Data is current as of April 17, 2014

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


Subpart BB—National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers Production Plants


Contents
§63.620   Applicability.
§63.621   Definitions.
§63.622   Standards for existing sources.
§63.623   Standards for new sources.
§63.624   Operating requirements.
§63.625   Monitoring requirements.
§63.626   Performance tests and compliance provisions.
§63.627   Notification, recordkeeping, and reporting requirements.
§63.628   Applicability of general provisions.
§63.629   Miscellaneous requirements.
§63.630   Compliance dates.
§63.631   Exemption from new source performance standards.
§63.632   Implementation and enforcement.
Appendix A to Subpart BB of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart BB

Source: 64 FR 31382, June 10, 1999, unless otherwise noted.

§63.620   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 phosphate fertilizers production 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 phosphate fertilizers production plant:

(1) Each diammonium and/or monoammonium phosphate process line. The requirements of this subpart apply to the following emission points which are components of a diammonium and/or monoammonium phosphate process line: reactors, granulators, dryers, coolers, screens, and mills.

(2) Each granular triple superphosphate process line. The requirements of this subpart apply to the following emission points which are components of a granular triple superphosphate process line: mixers, curing belts (dens), reactors, granulators, dryers, coolers, screens, and mills.

(3) Each granular triple superphosphate storage building. The requirements of this subpart apply to the following emission points which are components of a granular triple superphosphate storage building: storage or curing buildings, conveyors, elevators, screens and mills.

(c) The requirements of this subpart do not apply to the owner or operator of a new or existing phosphate fertilizers production 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 §63.621.

(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).

[64 FR 31382, June 10, 1999, as amended at 67 FR 65077, Dec. 17, 2001; 71 FR 20457, Apr. 20, 2006]

§63.621   Definitions.

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

Diammonium and/or monoammonium phosphate process line means any process line manufacturing granular diammonium and/or monoammonium phosphate by reacting ammonia with phosphoric acid which has been derived from or manufactured by reacting phosphate rock and acid.

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

Equivalent P2O5 stored means the quantity of phosphorus, expressed as phosphorus pentoxide, being cured or stored in the affected facility.

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

Fresh granular triple superphosphate means granular triple superphosphate produced within the preceding 72 hours.

Granular triple superphosphate process line means any process line, not including storage buildings, manufacturing granular triple superphosphate by reacting phosphate rock with phosphoric acid.

Granular triple superphosphate storage building means any building curing or storing fresh granular triple superphosphate.

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.

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).

§63.622   Standards for existing sources.

(a) Diammonium and/or monoammonium phosphate process line. On and after the date on which the performance test required to be conducted by §§63.7 and 63.626 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 30 grams/metric ton of equivalent P2O5 feed (0.060 lb/ton).

(b) Granular triple superphosphate process line. On and after the date on which the performance test required to be conducted by §§63.7 and 63.626 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 75 grams/metric ton of equivalent P2O5 feed (0.150 lb/ton).

(c) Granular triple superphosphate storage building. (1) On and after the date on which the performance test required to be conducted by §§63.7 and 63.626 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 0.250 grams/hr/metric ton of equivalent P2O5 stored (5.0×10−4 lb/hr/ton of equivalent P2O5 stored).

(2) No owner or operator subject to the provisions of this subpart shall ship fresh granular triple superphosphate from an affected facility.

§63.623   Standards for new sources.

(a) Diammonium and/or monoammonium phosphate process line. On and after the date on which the performance test required to be conducted by §§63.7 and 63.626 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 29.0 grams/metric ton of equivalent P2O5 feed (0.0580 lb/ton).

(b) Granular triple superphosphate process line. On and after the date on which the performance test required to be conducted by §§63.7 and 63.626 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 61.50 grams/metric ton of equivalent P2O5 feed (0.1230 lb/ton).

(c) Granular triple superphosphate storage building. (1) On and after the date on which the performance test required to be conducted by §§63.7 and 63.626 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 0.250 grams/hr/metric ton of equivalent P2O5 stored (5.0×10−4 lb/hr/ton of equivalent P2O5 stored).

(2) No owner or operator subject to the provisions of this subpart shall ship fresh granular triple superphosphate from an affected facility.

§63.624   Operating requirements.

On or after the date on which the performance test required to be conducted by §§63.7 and 63.626 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 §63.625(f)(1) or (2).

[67 FR 40818, June 13, 2002]

§63.625   Monitoring requirements.

(a) Each owner or operator of a new or existing diammonium and/or monoammonium phosphate process line or granular triple superphosphate 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.

(b) Each owner or operator of a new or existing diammonium and/or monoammonium phosphate process line or granular triple superphosphate 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 §63.626(c)(3).

(c) Each owner or operator of a new or existing diammonium and/or monoammonium phosphate process line, granular triple superphosphate process line, or granular triple superphosphate storage building 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) The owner or operator of any granular triple superphosphate storage building subject to the provisions of this subpart shall maintain an accurate account of granular triple superphosphate in storage to permit the determination of the amount of equivalent P2O5 stored.

(e)(1) Each owner or operator of a new or existing granular triple superphosphate storage building subject to the provisions of this subpart shall maintain a daily record of total equivalent P2O5 stored by multiplying the percentage P2O5 content, as determined by §63.626(d)(3), times the total mass of granular triple superphosphate stored.

(2) The owner or operator of any granular triple superphosphate storage building subject to the provisions of this subpart shall develop for approval by the Administrator a site-specific methodology including sufficient recordkeeping for the purposes of demonstrating compliance with §63.622(c)(2) or §63.623(c)(2), as applicable.

(f) Following the date on which the performance test required in §63.626 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 (f)(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 §63.626(c)(4) or (d)(4). 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 §§63.627(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 §63.626(c)(4) or (d)(4). 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 §63.626(c)(4) or (d)(4). 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.

[64 FR 31382, June 10, 1999, as amended at 67 FR 65077, Dec. 17, 2001]

§63.626   Performance tests and compliance provisions.

(a)(1) On or before the applicable compliance date in §63.630 and once per annum thereafter, each owner or operator of a phosphate fertilizers production plant subject to the provisions of this subpart shall conduct a performance test to demonstrate compliance with the applicable emission standard for each existing diammonium and/or monoammonium phosphate process line, granular triple superphosphate process line, or granular triple superphosphate storage building. 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 phosphate fertilizers production plant subject to the provisions of this subpart shall conduct a performance test to demonstrate compliance with the applicable emission standard for each new diammonium and/or monoammonium phosphate process line, granular triple superphosphate process line, or granular triple superphosphate storage building. 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 diammonium and/or monoammonium phosphate process line or granular triple superphosphate process line shall determine compliance with the applicable total fluorides standards in §63.622 or §63.623 as follows:

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

eCFR graphic er10jn99.001.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 13 B 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 sections 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 one hour 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 §63.625(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 §63.625(f)(1) or (2), the owner or operator shall use the monitoring systems in §63.625(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 §63.625(f)(1) or (2).

(d) Each owner or operator of a new or existing granular triple superphosphate storage building shall determine compliance with the applicable total fluorides standards in §63.622 or §63.623 as follows:

(1) The owner or operator shall conduct performance tests only when the following quantities of product are being cured or stored in the facility.

(i) Total granular triple superphosphate is at least 10 percent of the building capacity, and

(ii) Fresh granular triple superphosphate is at least six percent of the total amount of granular triple superphosphate, or

(iii) If the provision in paragraph (d)(1)(ii) of this section exceeds production capabilities for fresh granular triple superphosphate, fresh granular triple superphosphate is equal to at least 5 days maximum production.

(2) In conducting the performance test, the owner or operator 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).

(3) The owner or operator shall determine compliance with the total fluorides standard in §§63.622 and 63.623 as follows:

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

eCFR graphic er10jn99.002.gif

View or download PDF

Where:

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

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 in the affected facility.

P = equivalent P2O5 stored, metric tons (tons).

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

(ii) 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 Sections 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 one hour and 0.85 dscm (30 dscf).

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

P = Mp Rp

Where:

Mp = amount of product in storage, metric ton (ton).

Rp = P2O5 content of product in storage, weight fraction.

(iv) The accountability system described in §63.625(d) and (e) shall be used to determine the amount of product (Mp) in storage.

(v) The P2O5 content (Rp) of the product stored 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 XI, Methods of Analysis For Phosphoric Acid, Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus—P2O5, Method A—Volumetric Method.

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

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

(vi) The P2O5 content (Rp) of the product stored shall be determined using as appropriate the following methods (incorporated by reference—see 40 CFR 63.14) specified in the Official Methods of Analysis of AOAC International, sixteenth Edition, 1995, where applicable:

(A) AOAC Official Method 957.02 Phosphorus (Total) In Fertilizers, Preparation of Sample Solution.

(B) AOAC Official Method 929.01 Sampling of Solid Fertilizers.

(C) AOAC Official Method 929.02 Preparation of Fertilizer Sample.

(D) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, Automated Method.

(E) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, Alkalimetric Quinolinium Molybdophosphate Method.

(F) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, Gravimetric Quinolinium Molybdophosphate Method.

(G) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, Spectrophotometric Molybdovanadophosphate Method.

(4) To comply with §63.625(f) (1) or (2), the owner or operator shall use the monitoring systems described in §63.625(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 §63.625(f) (1) or (2).

§63.627   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.

§63.628   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.

§63.629   Miscellaneous requirements.

The Administrator retains the authority to approve site-specific test plans for uncontrolled granular triple superphosphate storage buildings developed pursuant to §63.7(c)(2)(i).

§63.630   Compliance dates.

(a) Each owner or operator of an existing affected source at a phosphate fertilizers production 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 affected source at a phosphate fertilizers production plant shall fulfill the applicable requirements of §63.626 no later than June 10, 2002.

(b) Each owner or operator of a phosphate fertilizers production 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.

(c) The owner or operator of any existing uncontrolled granular triple superphosphate storage building subject to the provisions of this subpart shall submit for approval by the Administrator a site-specific test plan for each such building according to the provisions of §63.7(b)(2)(i) no later than June 12, 2000.

§63.631   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 V, subpart W, or subpart X. 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 §§63.624, 63.625 and 63.626 have been met.

§63.632   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 §§63.620, 63.622 through 63.624, and 63.629 through 63.631.

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

40 CFR citationRequirementApplies to subpart BBComment
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)YesSome 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.
63.2DefinitionsYesAdditional definitions in §63.621.
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 DatesYesSee also §63.629.
63.6(b)(6)No[Reserved].
63.6(b)(7)Yes.
63.6(c)(1)Existing Sources DatesYes§63.629 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 BB 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§63.629(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§§63.624 and 63.625 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 BB 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 BB does not require COMS/CEMS or CMS perfo(b) [Reserved].rmance specifications.
63.8(d)Quality ControlYes.
63.8(e)CMS Performance EvaluationNoSubpart BB does not require CMS performance evaluations.
63.8(f)(1) through (5)Alternative Monitoring MethodYes.
63.8(f)(6)Alternative to RATA TestNoSubpart BB does not require CEMS.
63.8(g)(1)Data ReductionYes.
63.8(g)(2)NoSubpart BB 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 BB does not include VE/opacity standards.
63.9(g)Additional CMS NotificationsNoSubpart BB 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 BB 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 BB 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 BB 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 BB does not require CEMS or CMS performance evaluations.
63.10(e)(3)Excess Emissions/CMS Performance ReportsYes§63.626(c)(2) includes additional requirements. A CMS performance report is not required.
63.10(e)(4)COMS Data ReportsNoSubpart BB 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 DelegationsYesAuthority for approval of site-specific test plans for GTSP storage buildings is retained (see §63.628(a)).
63.13AddressesYes.
63.14Incorporation by ReferenceYes.
63.15Information Availability/ConfidentialityYes.

[64 FR 31382, June 10, 1999, as amended at 67 FR 65078, Dec. 17, 2001]



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