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Electronic Code of Federal Regulations

e-CFR Data is current as of July 18, 2014

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


Subpart FFFF—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing


Contents

What This Subpart Covers

§63.2430   What is the purpose of this subpart?
§63.2435   Am I subject to the requirements in this subpart?
§63.2440   What parts of my plant does this subpart cover?

Compliance Dates

§63.2445   When do I have to comply with this subpart?

Emission Limits, Work Practice Standards, and Compliance Requirements

§63.2450   What are my general requirements for complying with this subpart?
§63.2455   What requirements must I meet for continuous process vents?
§63.2460   What requirements must I meet for batch process vents?
§63.2465   What requirements must I meet for process vents that emit hydrogen halide and halogen HAP or HAP metals?
§63.2470   What requirements must I meet for storage tanks?
§63.2475   What requirements must I meet for transfer racks?
§63.2480   What requirements must I meet for equipment leaks?
§63.2485   What requirements must I meet for wastewater streams and liquid streams in open systems within an MCPU?
§63.2490   What requirements must I meet for heat exchange systems?

Alternative Means of Compliance

§63.2495   How do I comply with the pollution prevention standard?
§63.2500   How do I comply with emissions averaging?
§63.2505   How do I comply with the alternative standard?

Notification, Reports, and Records

§63.2515   What notifications must I submit and when?
§63.2520   What reports must I submit and when?
§63.2525   What records must I keep?

Other Requirements and Information

§63.2535   What compliance options do I have if part of my plant is subject to both this subpart and another subpart?
§63.2540   What parts of the General Provisions apply to me?
§63.2545   Who implements and enforces this subpart?
§63.2550   What definitions apply to this subpart?
Table 1 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Continuous Process Vents
Table 2 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Batch Process Vents
Table 3 to Subpart FFFF of Part 63—Emission Limits for Hydrogen Halide and Halogen HAP Emissions or HAP Metals Emissions From Process Vents
Table 4 to Subpart FFFF of Part 63—Emission Limits for Storage Tanks
Table 5 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Transfer Racks
Table 6 to Subpart FFFF of Part 63—Requirements for Equipment Leaks
Table 7 to Subpart FFFF of Part 63—Requirements for Wastewater Streams and Liquid Streams in Open Systems Within an MCPU
Table 8 to Subpart FFFF of Part 63—Partially Soluble Hazardous Air Pollutants
Table 9 to Subpart FFFF of Part 63—Soluble Hazardous Air Pollutants
Table 10 to Subpart FFFF of Part 63—Work Practice Standards for Heat Exchange Systems
Table 11 to Subpart FFFF of Part 63—Requirements for Reports
Table 12 to Subpart FFFF of Part 63—Applicability of General Provisions to Subpart FFFF

Source: 68 FR 63888, Nov. 10, 2003, unless otherwise noted.

What This Subpart Covers

§63.2430   What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limits, operating limits, and work practice standards.

§63.2435   Am I subject to the requirements in this subpart?

(a) You are subject to the requirements in this subpart if you own or operate miscellaneous organic chemical manufacturing process units (MCPU) that are located at, or are part of, a major source of hazardous air pollutants (HAP) emissions as defined in section 112(a) of the Clean Air Act (CAA).

(b) An MCPU includes equipment necessary to operate a miscellaneous organic chemical manufacturing process, as defined in §63.2550, that satisfies all of the conditions specified in paragraphs (b)(1) through (3) of this section. An MCPU also includes any assigned storage tanks and transfer racks; equipment in open systems that is used to convey or store water having the same concentration and flow characteristics as wastewater; and components such as pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, and instrumentation systems that are used to manufacture any material or family of materials described in paragraphs (b)(1)(i) through (v) of this section.

(1) The MCPU produces material or family of materials that is described in paragraph (b)(1)(i), (ii), (iii), (iv), or (v) of this section.

(i) An organic chemical(s) classified using the 1987 version of SIC code 282, 283, 284, 285, 286, 287, 289, or 386, except as provided in paragraph (c)(5) of this section.

(ii) An organic chemical(s) classified using the 1997 version of NAICS code 325, except as provided in paragraph (c)(5) of this section.

(iii) Quaternary ammonium compounds and ammonium sulfate produced with caprolactam.

(iv) Hydrazine.

(v) Organic solvents classified in any of the SIC or NAICS codes listed in paragraph (b)(1)(i) or (ii) of this section that are recovered using nondedicated solvent recovery operations.

(2) The MCPU processes, uses, or generates any of the organic HAP listed in section 112(b) of the CAA or hydrogen halide and halogen HAP, as defined in §63.2550.

(3) The MCPU is not an affected source or part of an affected source under another subpart of this part 63, except for process vents from batch operations within a chemical manufacturing process unit (CMPU), as identified in §63.100(j)(4). For this situation, the MCPU is the same as the CMPU as defined in §63.100, and you are subject only to the requirements for batch process vents in this subpart.

(c) The requirements in this subpart do not apply to the operations specified in paragraphs (c)(1) through (7) of this section.

(1) Research and development facilities, as defined in section 112(c)(7) of the CAA.

(2) The manufacture of ammonium sulfate as a by-product, if the slurry entering the by-product manufacturing process contains 50 parts per million by weight (ppmw) HAP or less or 10 ppmw benzene or less. You must retain information, data, and analysis to document the HAP concentration in the entering slurry in order to claim this exemption.

(3) The affiliated operations located at an affected source under subparts GG (National Emission Standards for Aerospace Manufacturing and Rework Facilities), KK (National Emission Standards for the Printing and Publishing Industry), JJJJ (NESHAP: Paper and Other Web Coating), future MMMM (NESHAP: Surface Coating of Miscellaneous Metal Parts and Products), and SSSS (NESHAP: Surface Coating of Metal Coil) of this part 63. Affiliated operations include, but are not limited to, mixing or dissolving of coating ingredients; coating mixing for viscosity adjustment, color tint or additive blending, or pH adjustment; cleaning of coating lines and coating line parts; handling and storage of coatings and solvent; and conveyance and treatment of wastewater.

(4) Fabricating operations (such as spinning or compressing a solid polymer into its end use); compounding operations (in which blending, melting, and resolidification of a solid polymer product occur for the purpose of incorporating additives, colorants, or stabilizers); and extrusion and drawing operations (converting an already produced solid polymer into a different shape by melting or mixing the polymer and then forcing it or pulling it through an orifice to create an extruded product). An operation is not exempt if it involves processing with HAP solvent or if an intended purpose of the operation is to remove residual HAP monomer.

(5) Production activities described using the 1997 version of NAICS codes 325131, 325181, 325188 (except the requirements do apply to hydrazine), 325314, 325991 (except the requirements do apply to reformulating plastics resins from recycled plastics products), and 325992 (except the requirements do apply to photographic chemicals).

(6) Tall oil recovery systems.

(7) Carbon monoxide production.

(d) If the predominant use of a transfer rack loading arm or storage tank (including storage tanks in series) is associated with a miscellaneous organic chemical manufacturing process, and the loading arm or storage tank is not part of an affected source under a subpart of this part 63, then you must assign the loading arm or storage tank to the MCPU for that miscellaneous organic chemical manufacturing process. If the predominant use cannot be determined, then you may assign the loading arm or storage tank to any MCPU that shares it and is subject to this subpart. If the use varies from year to year, then you must base the determination on the utilization that occurred during the year preceding November 10, 2003 or, if the loading arm or storage tank was not in operation during that year, you must base the use on the expected use for the first 5-year period after startup. You must include the determination in the notification of compliance status report specified in §63.2520(d). You must redetermine the primary use at least once every 5 years, or any time you implement emissions averaging or pollution prevention after the compliance date.

(e) For nondedicated equipment used to create at least one MCPU, you may elect to develop process unit groups (PUG), determine the primary product of each PUG, and comply with the requirements of the subpart in 40 CFR part 63 that applies to that primary product as specified in §63.2535(l).

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40331, July 14, 2006]

§63.2440   What parts of my plant does this subpart cover?

(a) This subpart applies to each miscellaneous organic chemical manufacturing affected source.

(b) The miscellaneous organic chemical manufacturing affected source is the facilitywide collection of MCPU and heat exchange systems, wastewater, and waste management units that are associated with manufacturing materials described in §63.2435(b)(1).

(c) A new affected source is described by either paragraph (c)(1) or (2) of this section.

(1) Each affected source defined in paragraph (b) of this section for which you commenced construction or reconstruction after April 4, 2002, and you meet the applicability criteria at the time you commenced construction or reconstruction.

(2) Each dedicated MCPU that has the potential to emit 10 tons per year (tpy) of any one HAP or 25 tpy of combined HAP, and you commenced construction or reconstruction of the MCPU after April 4, 2002. For the purposes of this paragraph, an MCPU is an affected source in the definition of the term “reconstruction” in §63.2.

(d) An MCPU that is also a CMPU under §63.100 is reconstructed for the purposes of this subpart if, and only if, the CMPU meets the requirements for reconstruction in §63.100(l)(2).

Compliance Dates

§63.2445   When do I have to comply with this subpart?

(a) If you have a new affected source, you must comply with this subpart according to the requirements in paragraphs (a)(1) and (2) of this section.

(1) If you startup your new affected source before November 10, 2003, then you must comply with the requirements for new sources in this subpart no later than November 10, 2003.

(2) If you startup your new affected source after November 10, 2003, then you must comply with the requirements for new sources in this subpart upon startup of your affected source.

(b) If you have an existing source on November 10, 2003, you must comply with the requirements for existing sources in this subpart no later than May 10, 2008.

(c) You must meet the notification requirements in §63.2515 according to the dates specified in that section and in subpart A of this part 63. Some of the notifications must be submitted before you are required to comply with the emission limits, operating limits, and work practice standards in this subpart.

(d) If you have a Group 2 emission point that becomes a Group 1 emission point after the compliance date for your affected source, you must comply with the Group 1 requirements beginning on the date the switch occurs. An initial compliance demonstration as specified in this subpart must be conducted within 150 days after the switch occurs.

(e) If, after the compliance date for your affected source, hydrogen halide and halogen HAP emissions from process vents in a process increase to more than 1,000 lb/yr, or HAP metals emissions from a process at a new affected source increase to more than 150 lb/yr, you must comply with the applicable emission limits specified in Table 3 to this subpart and the associated compliance requirements beginning on the date the emissions exceed the applicable threshold. An initial compliance demonstration as specified in this subpart must be conducted within 150 days after the switch occurs.

(f) If you have a small control device for process vent or transfer rack emissions that becomes a large control device, as defined in §63.2550(i), you must comply with monitoring and associated recordkeeping and reporting requirements for large control devices beginning on the date the switch occurs. An initial compliance demonstration as specified in this subpart must be conducted within 150 days after the switch occurs.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 10442, Mar. 1, 2006; 71 FR 40332, July 14, 2006]

Emission Limits, Work Practice Standards, and Compliance Requirements

§63.2450   What are my general requirements for complying with this subpart?

(a) You must be in compliance with the emission limits and work practice standards in tables 1 through 7 to this subpart at all times, except during periods of startup, shutdown, and malfunction (SSM), and you must meet the requirements specified in §§63.2455 through 63.2490 (or the alternative means of compliance in §63.2495, §63.2500, or §63.2505), except as specified in paragraphs (b) through (s) of this section. You must meet the notification, reporting, and recordkeeping requirements specified in §§63.2515, 63.2520, and 63.2525.

(b) Determine halogenated vent streams. You must determine if an emission stream is a halogenated vent stream, as defined in §63.2550, by calculating the mass emission rate of halogen atoms in accordance with §63.115(d)(2)(v). Alternatively, you may elect to designate the emission stream as halogenated.

(c) Requirements for combined emission streams. When organic HAP emissions from different emission types (e.g., continuous process vents, batch process vents, storage tanks, transfer operations, and waste management units) are combined, you must comply with the requirements of either paragraph (c)(1) or (2) of this section.

(1) Comply with the applicable requirements of this subpart for each kind of organic HAP emissions in the stream (e.g., the requirements of table 1 to this subpart for continuous process vents and the requirements of table 4 to this subpart for emissions from storage tanks).

(2) Determine the applicable requirements based on the hierarchy presented in paragraphs (c)(2)(i) through (vi) of this section. For a combined stream, the applicable requirements are specified in the highest-listed paragraph in the hierarchy that applies to any of the individual streams that make up the combined stream. For example, if a combined stream consists of emissions from Group 1 batch process vents and any other type of emission stream, then you must comply with the requirements in paragraph (c)(2)(i) of this section for the combined stream; compliance with the requirements in paragraph (c)(2)(i) of this section constitutes compliance for the other emission streams in the combined stream. Two exceptions are that you must comply with the requirements in table 3 to this subpart and §63.2465 for all process vents with hydrogen halide and halogen HAP emissions, and recordkeeping requirements for Group 2 applicability or compliance are still required (e.g., the requirement in §63.2525(f) to track the number of batches produced and calculate rolling annual emissions for processes with Group 2 batch process vents).

(i) The requirements of table 2 to this subpart and §63.2460 for Group 1 batch process vents, including applicable monitoring, recordkeeping, and reporting.

(ii) The requirements of table 1 to this subpart and §63.2455 for continuous process vents that are routed to a control device, as defined in §63.981, including applicable monitoring, recordkeeping, and reporting.

(iii) The requirements of table 5 to this subpart and §63.2475 for transfer operations, including applicable monitoring, recordkeeping, and reporting.

(iv) The requirements of table 7 to this subpart and §63.2485 for emissions from waste management units that are used to manage and treat Group 1 wastewater streams and residuals from Group 1 wastewater streams, including applicable monitoring, recordkeeping, and reporting.

(v) The requirements of table 4 to this subpart and §63.2470 for control of emissions from storage tanks, including applicable monitoring, recordkeeping, and reporting.

(vi) The requirements of table 1 to this subpart and §63.2455 for continuous process vents after a recovery device including applicable monitoring, recordkeeping, and reporting.

(d) [Reserved]

(e) Requirements for control devices. (1) Except when complying with §63.2485, if you reduce organic HAP emissions by venting emissions through a closed-vent system to any combination of control devices (except a flare) or recovery devices, you must meet the requirements of §63.982(c) and the requirements referenced therein.

(2) Except when complying with §63.2485, if you reduce organic HAP emissions by venting emissions through a closed-vent system to a flare, you must meet the requirements of §63.982(b) and the requirements referenced therein.

(3) If you use a halogen reduction device to reduce hydrogen halide and halogen HAP emissions from halogenated vent streams, you must meet the requirements of §63.994 and the requirements referenced therein. If you use a halogen reduction device before a combustion device, you must determine the halogen atom emission rate prior to the combustion device according to the procedures in §63.115(d)(2)(v).

(f) Requirements for flare compliance assessments. (1) As part of a flare compliance assessment required in §63.987(b), you have the option of demonstrating compliance with the requirements of §63.11(b) by complying with the requirements in either §63.11(b)(6)(i) or §63.987(b)(3)(ii).

(2) If you elect to meet the requirements in §63.11(b)(6)(i), you must keep flare compliance assessment records as specified in paragraphs (f)(2)(i) and (ii) of this section.

(i) Keep records as specified in §63.998(a)(1)(i), except that a record of the heat content determination is not required.

(ii) Keep records of the flare diameter, hydrogen content, exit velocity, and maximum permitted velocity. Include these records in the flare compliance report required in §63.999(a)(2).

(g) Requirements for performance tests. The requirements specified in paragraphs (g)(1) through (5) of this section apply instead of or in addition to the requirements specified in subpart SS of this part 63.

(1) Conduct gas molecular weight analysis using Method 3, 3A, or 3B in appendix A to part 60 of this chapter.

(2) Measure moisture content of the stack gas using Method 4 in appendix A to part 60 of this chapter.

(3) If the uncontrolled or inlet gas stream to the control device contains carbon disulfide, you must conduct emissions testing according to paragraph (g)(3)(i) or (ii) of this section.

(i) If you elect to comply with the percent reduction emission limits in tables 1 through 7 to this subpart, and carbon disulfide is the principal organic HAP component (i.e., greater than 50 percent of the HAP in the stream by volume), then you must use Method 18, or Method 15 (40 CFR part 60, appendix A) to measure carbon disulfide at the inlet and outlet of the control device. Use the percent reduction in carbon disulfide as a surrogate for the percent reduction in total organic HAP emissions.

(ii) If you elect to comply with the outlet total organic compound (TOC) concentration emission limits in tables 1 through 7 to this subpart, and the uncontrolled or inlet gas stream to the control device contains greater than 10 percent (volume concentration) carbon disulfide, you must use Method 18 or Method 15 to separately determine the carbon disulfide concentration. Calculate the total HAP or TOC emissions by totaling the carbon disulfide emissions measured using Method 18 or 15 and the other HAP emissions measured using Method 18 or 25A.

(4) As an alternative to using Method 18, Method 25/25A, or Method 26/26A of 40 CFR part 60, appendix A, to comply with any of the emission limits specified in tables 1 through 7 to this subpart, you may use Method 320 of 40 CFR part 60, appendix A. When using Method 320, you must follow the analyte spiking procedures of section 13 of Method 320, unless you demonstrate that the complete spiking procedure has been conducted at a similar source.

(5) Section 63.997(c)(1) does not apply. For the purposes of this subpart, results of all initial compliance demonstrations must be included in the notification of compliance status report, which is due 150 days after the compliance date, as specified in §63.2520(d)(1).

(h) Design evaluation. To determine the percent reduction of a small control device that is used to comply with an emission limit specified in table 1, 2, 3, or 5 to this subpart, you may elect to conduct a design evaluation as specified in §63.1257(a)(1) instead of a performance test as specified in subpart SS of this part 63. You must establish the value(s) and basis for the operating limits as part of the design evaluation. For continuous process vents, the design evaluation must be conducted at maximum representative operating conditions for the process, unless the Administrator specifies or approves alternate operating conditions. For transfer racks, the design evaluation must demonstrate that the control device achieves the required control efficiency during the reasonably expected maximum transfer loading rate.

(i) Outlet concentration correction for combustion devices. When §63.997(e)(2)(iii)(C) requires you to correct the measured concentration at the outlet of a combustion device to 3 percent oxygen if you add supplemental combustion air, the requirements in either paragraph (i)(1) or (2) of this section apply for the purposes of this subpart.

(1) You must correct the concentration in the gas stream at the outlet of the combustion device to 3 percent oxygen if you add supplemental gases, as defined in §63.2550, to the vent stream, or;

(2) You must correct the measured concentration for supplemental gases using Equation 1 of §63.2460; you may use process knowledge and representative operating data to determine the fraction of the total flow due to supplemental gas.

(j) Continuous emissions monitoring systems. Each continuous emissions monitoring system (CEMS) must be installed, operated, and maintained according to the requirements in §63.8 and paragraphs (j)(1) through (5) of this section.

(1) Each CEMS must be installed, operated, and maintained according to the applicable Performance Specification of 40 CFR part 60, appendix B, and according to paragraph (j)(2) of this section, except as specified in paragraph (j)(1)(i) of this section. For any CEMS meeting Performance Specification 8, you must also comply with appendix F, procedure 1 of 40 CFR part 60.

(i) If you wish to use a CEMS other than an Fourier Transform Infrared Spectroscopy (FTIR) meeting the requirements of Performance Specification 15 to measure hydrogen halide and halogen HAP before we promulgate a Performance Specification for such CEMS, you must prepare a monitoring plan and submit it for approval in accordance with the procedures specified in §63.8.

(ii) [Reserved]

(2) You must determine the calibration gases and reporting units for TOC CEMS in accordance with paragraph (j)(2)(i), (ii), or (iii) of this section.

(i) For CEMS meeting Performance Specification 9 or 15 requirements, determine the target analyte(s) for calibration using either process knowledge of the control device inlet stream or the screening procedures of Method 18 on the control device inlet stream.

(ii) For CEMS meeting Performance Specification 8 used to monitor performance of a combustion device, calibrate the instrument on the predominant organic HAP and report the results as carbon (C1), and use Method 25A or any approved alternative as the reference method for the relative accuracy tests.

(iii) For CEMS meeting Performance Specification 8 used to monitor performance of a noncombustion device, determine the predominant organic HAP using either process knowledge or the screening procedures of Method 18 on the control device inlet stream, calibrate the monitor on the predominant organic HAP, and report the results as C1. Use Method 18, ASTM D6420-99, or any approved alternative as the reference method for the relative accuracy tests, and report the results as C1.

(3) You must conduct a performance evaluation of each CEMS according to the requirements in 40 CFR 63.8 and according to the applicable Performance Specification of 40 CFR part 60, appendix B, except that the schedule in §63.8(e)(4) does not apply, and the results of the performance evaluation must be included in the notification of compliance status report.

(4) The CEMS data must be reduced to operating day or operating block averages computed using valid data consistent with the data availability requirements specified in §63.999(c)(6)(i)(B) through (D), except monitoring data also are sufficient to constitute a valid hour of data if measured values are available for at least two of the 15-minute periods during an hour when calibration, quality assurance, or maintenance activities are being performed. An operating block is a period of time from the beginning to end of batch operations within a process. Operating block averages may be used only for batch process vent data.

(5) If you add supplemental gases, you must correct the measured concentrations in accordance with paragraph (i) of this section and §63.2460(c)(6).

(k) Continuous parameter monitoring. The provisions in paragraphs (k)(1) through (6) of this section apply in addition to the requirements for continuous parameter monitoring system (CPMS) in subpart SS of this part 63.

(1) You must record the results of each calibration check and all maintenance performed on the CPMS as specified in §63.998(c)(1)(ii)(A).

(2) When subpart SS of this part 63 uses the term “a range” or “operating range” of a monitored parameter, it means an “operating limit” for a monitored parameter for the purposes of this subpart.

(3) As an alternative to continuously measuring and recording pH as specified in §§63.994(c)(1)(i) and 63.998(a)(2)(ii)(D), you may elect to continuously monitor and record the caustic strength of the effluent. For halogen scrubbers used to control only batch process vents you may elect to monitor and record either the pH or the caustic strength of the scrubber effluent at least once per day.

(4) As an alternative to the inlet and outlet temperature monitoring requirements for catalytic incinerators as specified in §63.988(c)(2) and the related recordkeeping requirements specified in §63.998(a)(2)(ii)(B)(2) and (c)(2)(ii), you may elect to comply with the requirements specified in paragraphs (k)(4)(i) through (iv) of this section.

(i) Monitor and record the inlet temperature as specified in subpart SS of this part 63.

(ii) Check the activity level of the catalyst at least every 12 months and take any necessary corrective action, such as replacing the catalyst to ensure that the catalyst is performing as designed.

(iii) Maintain records of the annual checks of catalyst activity levels and the subsequent corrective actions.

(iv) Recording the downstream temperature and temperature difference across the catalyst bed as specified in §63.998(a)(2)(ii)(B)(2) and (b)(2)(ii) is not required.

(5) For absorbers that control organic compounds and use water as the scrubbing fluid, you must conduct monitoring and recordkeeping as specified in paragraphs (k)(5)(i) through (iii) of this section instead of the monitoring and recordkeeping requirements specified in §§63.990(c)(1), 63.993(c)(1), and 63.998(a)(2)(ii)(C).

(i) You must use a flow meter capable of providing a continuous record of the absorber influent liquid flow.

(ii) You must determine gas stream flow using one of the procedures specified in §63.994(c)(1)(ii)(A) through (D).

(iii) You must record the absorber liquid-to-gas ratio averaged over the time period of any performance test.

(6) For a control device with total inlet HAP emissions less than 1 tpy, you must establish an operating limit(s) for a parameter(s) that you will measure and record at least once per averaging period (i.e., daily or block) to verify that the control device is operating properly. You may elect to measure the same parameter(s) that is required for control devices that control inlet HAP emissions equal to or greater than 1 tpy. If the parameter will not be measured continuously, you must request approval of your proposed procedure in the precompliance report. You must identify the operating limit(s) and the measurement frequency, and you must provide rationale to support how these measurements demonstrate the control device is operating properly.

(l) Startup, shutdown, and malfunction. Sections 63.152(f)(7)(ii) through (iv) and 63.998(b)(2)(iii) and (b)(6)(i)(A), which apply to the exclusion of monitoring data collected during periods of SSM from daily averages, do not apply for the purposes of this subpart.

(m) Reporting. (1) When §§63.2455 through 63.2490 reference other subparts in this part 63 that use the term “periodic report,” it means “compliance report” for the purposes of this subpart. The compliance report must include the information specified in §63.2520(e), as well as the information specified in referenced subparts.

(2) When there are conflicts between this subpart and referenced subparts for the due dates of reports required by this subpart, reports must be submitted according to the due dates presented in this subpart.

(3) Excused excursions, as defined in subparts G and SS of this part 63, are not allowed.

(n) [Reserved]

(o) You may not use a flare to control halogenated vent streams or hydrogen halide and halogen HAP emissions.

(p) Opening a safety device, as defined in §63.2550, is allowed at any time conditions require it to avoid unsafe conditions.

(q) If an emission stream contains energetics or organic peroxides that, for safety reasons, cannot meet an applicable emission limit specified in Tables 1 through 7 to this subpart, then you must submit documentation in your precompliance report explaining why an undue safety hazard would be created if the air emission controls were installed, and you must describe the procedures that you will implement to minimize HAP emissions from these vent streams.

(r) Surge control vessels and bottoms receivers. For each surge control vessel or bottoms receiver that meets the capacity and vapor pressure thresholds for a Group 1 storage tank, you must meet emission limits and work practice standards specified in Table 4 to this subpart.

(s) For the purposes of determining Group status for continuous process vents, batch process vents, and storage tanks in §§63.2455, 63.2460, and 63.2470, hydrazine is to be considered an organic HAP.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 FR 40332, July 14, 2006]

§63.2455   What requirements must I meet for continuous process vents?

(a) You must meet each emission limit in Table 1 to this subpart that applies to your continuous process vents, and you must meet each applicable requirement specified in paragraphs (b) through (c) of this section.

(b) For each continuous process vent, you must either designate the vent as a Group 1 continuous process vent or determine the total resource effectiveness (TRE) index value as specified in §63.115(d), except as specified in paragraphs (b)(1) through (3) of this section.

(1) You are not required to determine the Group status or the TRE index value for any continuous process vent that is combined with Group 1 batch process vents before a control device or recovery device because the requirements of §63.2450(c)(2)(i) apply to the combined stream.

(2) When a TRE index value of 4.0 is referred to in §63.115(d), TRE index values of 5.0 for existing affected sources and 8.0 for new and reconstructed affected sources apply for the purposes of this subpart.

(3) When §63.115(d) refers to “emission reductions specified in §63.113(a),” the reductions specified in Table 1 to this subpart apply for the purposes of this subpart.

(c) If you use a recovery device to maintain the TRE above a specified threshold, you must meet the requirements of §63.982(e) and the requirements referenced therein, except as specified in §63.2450 and paragraph (c)(1) of this section.

(1) When §63.993 uses the phrase “the TRE index value is between the level specified in a referencing subpart and 4.0,” the phrase “the TRE index value is >1.9 but ≤5.0” applies for an existing affected source, and the phrase “the TRE index value is >5.0 but ≤8.0” applies for a new and reconstructed affected source, for the purposes of this subpart.

(2) [Reserved]

§63.2460   What requirements must I meet for batch process vents?

(a) You must meet each emission limit in Table 2 to this subpart that applies to you, and you must meet each applicable requirement specified in paragraphs (b) and (c) of this section.

(b) Group status. If a process has batch process vents, as defined in §63.2550, you must determine the group status of the batch process vents by determining and summing the uncontrolled organic HAP emissions from each of the batch process vents within the process using the procedures specified in §63.1257(d)(2)(i) and (ii), except as specified in paragraphs (b)(1) through (7) of this section.

(1) To calculate emissions caused by the heating of a vessel without a process condenser to a temperature lower than the boiling point, you must use the procedures in §63.1257(d)(2)(i)(C)(3).

(2) To calculate emissions from depressurization of a vessel without a process condenser, you must use the procedures in §63.1257(d)(2)(i)(D)(10).

(3) To calculate emissions from vacuum systems for the purposes of this subpart, the receiving vessel is part of the vacuum system, and terms used in Equation 33 to 40 CFR part 63, subpart GGG, are defined as follows:

Psystem = absolute pressure of the receiving vessel;

Pi = partial pressure of the HAP determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver;

Pj = partial pressure of condensables (including HAP) determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver;

MWHAP = molecular weight of the HAP determined at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver.

(4) To calculate uncontrolled emissions when a vessel is equipped with a process condenser, you must use the procedures in §63.1257(d)(3)(i)(B), except as specified in paragraphs (b)(4)(i) through (vii) of this section.

(i) You must determine the flowrate of gas (or volume of gas), partial pressures of condensables, temperature (T), and HAP molecular weight (MWHAP) at the exit temperature and exit pressure conditions of the condenser or at the conditions of the dedicated receiver.

(ii) You must assume that all of the components contained in the condenser exit vent stream are in equilibrium with the same components in the exit condensate stream (except for noncondensables).

(iii) You must perform a material balance for each component.

(iv) For the emissions from gas evolution, the term for time, t, must be used in Equation 12 to 40 CFR part 63, subpart GGG.

(v) Emissions from empty vessel purging shall be calculated using Equation 36 to 40 CFR part 63, subpart GGG and the exit temperature and exit pressure conditions of the condenser or the conditions of the dedicated receiver.

(vi) You must conduct an engineering assessment as specified in §63.1257(d)(2)(ii) for each emission episode that is not due to vapor displacement, purging, heating, depressurization, vacuum operations, gas evolution, air drying, or empty vessel purging. The requirements of paragraphs (b)(3) through (4) of this section shall apply.

(vii) You may elect to conduct an engineering assessment if you can demonstrate to the Administrator that the methods in §63.1257(d)(3)(i)(B) are not appropriate.

(5) You may elect to designate the batch process vents within a process as Group 1 and not calculate uncontrolled emissions under either of the situations in paragraph (b)(5)(i), (ii), or (iii) of this section.

(i) If you comply with the alternative standard specified in §63.2505.

(ii) If all Group 1 batch process vents within a process are controlled; you conduct the performance test under hypothetical worst case conditions, as defined in §63.1257(b)(8)(i)(B); and the emission profile is based on capture and control system limitations as specified in §63.1257(b)(8)(ii)(C).

(iii) If you comply with an emission limit using a flare that meets the requirements specified in §63.987.

(6) You may change from Group 2 to Group 1 in accordance with either paragraph (b)(6)(i) or (ii) of this section. You must comply with the requirements of this section and submit the test report in the next Compliance report.

(i) You may switch at any time after operating as Group 2 for at least 1 year so that you can show compliance with the 10,000 pounds per year (lb/yr) threshold for Group 2 batch process vents for at least 365 days before the switch. You may elect to start keeping records of emissions from Group 2 batch process vents before the compliance date. Report a switch based on this provision in your next compliance report in accordance with §63.2520(e)(10)(i).

(ii) If the conditions in paragraph (b)(6)(i) of this section are not applicable, you must provide a 60-day advance notice in accordance with §63.2520(e)(10)(ii) before switching.

(7) As an alternative to determining the uncontrolled organic HAP emissions as specified in §63.1257(d)(2)(i) and (ii), you may elect to demonstrate that non-reactive organic HAP are the only HAP used in the process and non-reactive HAP usage in the process is less than 10,000 lb/yr. You must provide data and supporting rationale in your notification of compliance status report explaining why the non-reactive organic HAP usage will be less than 10,000 lb/yr. You must keep records of the non-reactive organic HAP usage as specified in §63.2525(e)(2) and include information in compliance reports as specified in §63.2520(e)(5)(iv).

(c) Exceptions to the requirements in subparts SS and WW of this part 63 are specified in paragraphs (c)(1) through (9) of this section.

(1) Process condensers. Process condensers, as defined in §63.2550(i), are not considered to be control devices for batch process vents. You must determine whether a condenser is a control device for a batch process vent or a process condenser from which the uncontrolled HAP emissions are evaluated as part of the initial compliance demonstration for each MCPU and report the results with supporting rationale in your notification of compliance status report.

(2) Initial compliance. (i) To demonstrate initial compliance with a percent reduction emission limit in Table 2 to this subpart FFFF, you must compare the sums of the controlled and uncontrolled emissions for the applicable Group 1 batch process vents within the process, and show that the specified reduction is met. This requirement does not apply if you comply with the emission limits of Table 2 to this subpart FFFF by using a flare that meets the requirements of §63.987.

(ii) When you conduct a performance test or design evaluation for a non-flare control device used to control emissions from batch process vents, you must establish emission profiles and conduct the test under worst-case conditions according to §63.1257(b)(8) instead of under normal operating conditions as specified in §63.7(e)(1). The requirements in §63.997(e)(1)(i) and (iii) also do not apply for performance tests conducted to determine compliance with the emission limits for batch process vents. For purposes of this subpart FFFF, references in §63.997(b)(1) to “methods specified in §63.997(e)” include the methods specified in §63.1257(b)(8).

(iii) As an alternative to conducting a performance test or design evaluation to demonstrate initial compliance with a percent reduction requirement for a condenser, you may determine controlled emissions using the procedures specified in §63.1257(d)(3)(i)(B) and paragraphs (b)(3) through (4) of this section.

(iv) When §63.1257(d)(3)(i)(B)(7) specifies that condenser-controlled emissions from an air dryer must be calculated using Equation 11 of 40 CFR part 63, subpart GGG, with “V equal to the air flow rate,” it means “V equal to the dryer outlet gas flow rate,” for the purposes of this subpart. Alternatively, you may use Equation 12 of 40 CFR part 63, subpart GGG, with V equal to the dryer inlet air flow rate. Account for time as appropriate in either equation.

(v) If a process condenser is used for any boiling operations, you must demonstrate that it is properly operated according to the procedures specified in §63.1257(d)(2)(i)(C)(4)(ii) and (d)(3)(iii)(B), and the demonstration must occur only during the boiling operation. The reference in §63.1257(d)(3)(iii)(B) to the alternative standard in §63.1254(c) means §63.2505 for the purposes of this subpart. As an alternative to measuring the exhaust gas temperature, as required by §63.1257(d)(3)(iii)(B), you may elect to measure the liquid temperature in the receiver.

(vi) You must conduct a subsequent performance test or compliance demonstration equivalent to an initial compliance demonstration within 180 days of a change in the worst-case conditions.

(3) Establishing operating limits. You must establish operating limits under the conditions required for your initial compliance demonstration, except you may elect to establish operating limit(s) for conditions other than those under which a performance test was conducted as specified in paragraph (c)(3)(i) of this section and, if applicable, paragraph (c)(3)(ii) of this section.

(i) The operating limits may be based on the results of the performance test and supplementary information such as engineering assessments and manufacturer's recommendations. These limits may be established for conditions as unique as individual emission episodes for a batch process. You must provide rationale in the precompliance report for the specific level for each operating limit, including any data and calculations used to develop the limit and a description of why the limit indicates proper operation of the control device. The procedures provided in this paragraph (c)(3)(i) have not been approved by the Administrator and determination of the operating limit using these procedures is subject to review and approval by the Administrator.

(ii) If you elect to establish separate monitoring levels for different emission episodes within a batch process, you must maintain records in your daily schedule or log of processes indicating each point at which you change from one operating limit to another, even if the duration of the monitoring for an operating limit is less than 15 minutes. You must maintain a daily schedule or log of processes according to §63.2525(c).

(4) Averaging periods. As an alternative to the requirement for daily averages in §63.998(b)(3), you may determine averages for operating blocks. An operating block is a period of time that is equal to the time from the beginning to end of batch process operations within a process.

(5) [Reserved]

(6) Outlet concentration correction for supplemental gases. If you use a control device other than a combustion device to comply with a TOC, organic HAP, or hydrogen halide and halogen HAP outlet concentration emission limit for batch process vents, you must correct the actual concentration for supplemental gases using Equation 1 of this section; you may use process knowledge and representative operating data to determine the fraction of the total flow due to supplemental gas.

eCFR graphic er10no03.000.gif

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Where:

Ca = corrected outlet TOC, organic HAP, or hydrogen halide and halogen HAP concentration, dry basis, ppmv;

Cm = actual TOC, organic HAP, or hydrogen halide and halogen HAP concentration measured at control device outlet, dry basis, ppmv;

Qa = total volumetric flowrate of all gas streams vented to the control device, except supplemental gases;

Qs = total volumetric flowrate of supplemental gases.

(7) If flow to a control device could be intermittent, you must install, calibrate, and operate a flow indicator at the inlet or outlet of the control device to identify periods of no flow. Periods of no flow may not be used in daily or block averages, and it may not be used in fulfilling a minimum data availability requirement.

(8) Terminology. When the term “storage vessel” is used in subpart WW of this part 63, the term “process tank,” as defined in §63.2550(i), applies for the purposes of this section.

(9) Requirements for a biofilter. If you use a biofilter to meet either the 95 percent reduction requirement or outlet concentration requirement specified in Table 2 to this subpart, you must meet the requirements specified in paragraphs (c)(9)(i) through (iv) of this section.

(i) Operational requirements. The biofilter must be operated at all times when emissions are vented to it.

(ii) Performance tests. To demonstrate initial compliance, you must conduct a performance test according to the procedures in §63.997 and paragraphs (c)(9)(ii)(A) through (D) of this section. The design evaluation option for small control devices is not applicable if you use a biofilter.

(A) Keep up-to-date, readily accessible continuous records of either the biofilter bed temperature averaged over the full period of the performance test or the outlet total organic HAP or TOC concentration averaged over the full period of the performance test. Include these data in your notification of compliance status report as required by §63.999(b)(3)(ii).

(B) Record either the percent reduction of total organic HAP achieved by the biofilter determined as specified in §63.997(e)(2)(iv) or the concentration of TOC or total organic HAP determined as specified in §63.997(e)(2)(iii) at the outlet of the biofilter, as applicable.

(C) If you monitor the biofilter bed temperature, you may elect to use multiple thermocouples in representative locations throughout the biofilter bed and calculate the average biofilter bed temperature across these thermocouples prior to reducing the temperature data to 15 minute (or shorter) averages for purposes of establishing operating limits for the biofilter. If you use multiple thermocouples, include your rationale for their site selection in your notification of compliance status report.

(D) Submit a performance test report as specified in §63.999(a)(2)(i) and (ii). Include the records from paragraph (c)(9)(ii)(B) of this section in your performance test report.

(iii) Monitoring requirements. Use either a biofilter bed temperature monitoring device (or multiple devices) capable of providing a continuous record or an organic monitoring device capable of providing a continuous record. Keep records of temperature or other parameter monitoring results as specified in §63.998(b) and (c), as applicable. General requirements for monitoring are contained in §63.996. If you monitor temperature, the operating temperature range must be based on only the temperatures measured during the performance test; these data may not be supplemented by engineering assessments or manufacturer's recommendations as otherwise allowed in §63.999(b)(3)(ii)(A). If you establish the operating range (minimum and maximum temperatures) using data from previous performance tests in accordance with §63.996(c)(6), replacement of the biofilter media with the same type of media is not considered a process change under §63.997(b)(1). You may expand your biofilter bed temperature operating range by conducting a repeat performance test that demonstrates compliance with the 95 percent reduction requirement or outlet concentration limit, as applicable.

(iv) Repeat performance tests. You must conduct a repeat performance test using the applicable methods specified in §63.997 within 2 years following the previous performance test and within 150 days after each replacement of any portion of the biofilter bed media with a different type of media or each replacement of more than 50 percent (by volume) of the biofilter bed media with the same type of media.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 FR 40333, July 14, 2006]

§63.2465   What requirements must I meet for process vents that emit hydrogen halide and halogen HAP or HAP metals?

(a) You must meet each emission limit in Table 3 to this subpart that applies to you, and you must meet each applicable requirement in paragraphs (b) through (d) of this section.

(b) If any process vents within a process emit hydrogen halide and halogen HAP, you must determine and sum the uncontrolled hydrogen halide and halogen HAP emissions from each of the process vents within the process using the procedures specified in §63.1257(d)(2)(i) and/or (ii), as appropriate. When §63.1257(d)(2)(ii)(E) requires documentation to be submitted in the precompliance report, it means the notification of compliance status report for the purposes of this paragraph.

(c) If collective uncontrolled hydrogen halide and halogen HAP emissions from the process vents within a process are greater than or equal to 1,000 pounds per year (lb/yr), you must comply with §63.994 and the requirements referenced therein, except as specified in paragraphs (c)(1) through (3) of this section.

(1) When §63.994(b)(1) requires a performance test, you may elect to conduct a design evaluation in accordance with §63.1257(a)(1).

(2) When §63.994(b)(1) refers to “a combustion device followed by a halogen scrubber or other halogen reduction device,” it means any combination of control devices used to meet the emission limits specified in Table 3 to this subpart.

(3) Section 63.994(b)(2) does not apply for the purposes of this section.

(d) To demonstrate compliance with the emission limit in Table 3 to this subpart for HAP metals at a new source, you must comply with paragraphs (d)(1) through (3) of this section.

(1) Determine the mass emission rate of HAP metals based on process knowledge, engineering assessment, or test data.

(2) Conduct an initial performance test of each control device that is used to comply with the emission limit for HAP metals specified in Table 3 to this subpart. Conduct the performance test according to the procedures in §63.997. Use Method 29 of appendix A of 40 CFR part 60 to determine the HAP metals at the inlet and outlet of each control device, or use Method 5 of appendix A of 40 CFR part 60 to determine the total particulate matter (PM) at the inlet and outlet of each control device. You have demonstrated initial compliance if the overall reduction of either HAP metals or total PM from the process is greater than or equal to 97 percent by weight.

(3) Comply with the monitoring requirements specified in §63.1366(b)(1)(xi) for each fabric filter used to control HAP metals.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40334, July 14, 2006]

§63.2470   What requirements must I meet for storage tanks?

(a) You must meet each emission limit in Table 4 to this subpart that applies to your storage tanks, and you must meet each applicable requirement specified in paragraphs (b) through (e) of this section.

(b) [Reserved]

(c) Exceptions to subparts SS and WW of this part 63. (1) If you conduct a performance test or design evaluation for a control device used to control emissions only from storage tanks, you must establish operating limits, conduct monitoring, and keep records using the same procedures as required in subpart SS of this part 63 for control devices used to reduce emissions from process vents instead of the procedures specified in §§63.985(c), 63.998(d)(2)(i), and 63.999(b)(2).

(2) When the term “storage vessel” is used in subparts SS and WW of this part 63, the term “storage tank,” as defined in §63.2550 applies for the purposes of this subpart.

(d) Planned routine maintenance. The emission limits in Table 4 to this subpart for control devices used to control emissions from storage tanks do not apply during periods of planned routine maintenance. Periods of planned routine maintenance of each control device, during which the control device does not meet the emission limit specified in Table 4 to this subpart, must not exceed 240 hours per year (hr/yr). You may submit an application to the Administrator requesting an extension of this time limit to a total of 360 hr/yr. The application must explain why the extension is needed, it must indicate that no material will be added to the storage tank between the time the 240-hr limit is exceeded and the control device is again operational, and it must be submitted at least 60 days before the 240-hr limit will be exceeded.

(e) Vapor balancing alternative. As an alternative to the emission limits specified in Table 4 to this subpart, you may elect to implement vapor balancing in accordance with §63.1253(f), except as specified in paragraphs (e)(1) through (3) of this section.

(1) When §63.1253(f)(6)(i) refers to a 90 percent reduction, 95 percent applies for the purposes of this subpart.

(2) To comply with §63.1253(f)(6)(i), the owner or operator of an offsite cleaning or reloading facility must comply with §§63.2445 through 63.2550 instead of complying with §63.1253(f)(7)(ii), except as specified in paragraph (e)(2)(i) or (ii) of this section.

(i) The reporting requirements in §63.2520 do not apply to the owner or operator of the offsite cleaning or reloading facility.

(ii) As an alternative to complying with the monitoring, recordkeeping, and reporting provisions in §§63.2445 through 63.2550, the owner or operator of an offsite cleaning or reloading facility may comply as specified in §63.2535(a)(2) with any other subpart of this part 63 which has monitoring, recordkeeping, and reporting provisions as specified in §63.2535(a)(2).

(3) You may elect to set a pressure relief device to a value less than the 2.5 pounds per square inch gage pressure (psig) required in §63.1253(f)(5) if you provide rationale in your notification of compliance status report explaining why the alternative value is sufficient to prevent breathing losses at all times.

(4) You may comply with the vapor balancing alternative in §63.1253(f) when your storage tank is filled from a barge. All requirements for tank trucks and railcars specified in §63.1253(f) also apply to barges, except as specified in §63.2470(e)(4)(i).

(i) When §63.1253(f)(2) refers to pressure testing certifications, the requirements in 40 CFR 61.304(f) apply for barges.

(ii) [Reserved]

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 FR 40335, July 14, 2006]

§63.2475   What requirements must I meet for transfer racks?

(a) You must comply with each emission limit and work practice standard in table 5 to this subpart that applies to your transfer racks, and you must meet each applicable requirement in paragraphs (b) and (c) of this section.

(b) When the term “high throughput transfer rack” is used in subpart SS of this part 63, the term “Group 1 transfer rack,” as defined in §63.2550, applies for the purposes of this subpart.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40335, July 14, 2006]

§63.2480   What requirements must I meet for equipment leaks?

(a) You must meet each requirement in table 6 to this subpart that applies to your equipment leaks, except as specified in paragraphs (b) through (d) of this section.

(b) If you comply with either subpart H or subpart UU of this part 63, you may elect to comply with the provisions in paragraphs (b)(1) through (5) of this section as an alternative to the referenced provisions in subpart H or subpart UU of this part.

(1) The requirements for pressure testing in §63.179(b) or §63.1036(b) may be applied to all processes, not just batch processes.

(2) For the purposes of this subpart, pressure testing for leaks in accordance with §63.179(b) or §63.1036(b) is not required after reconfiguration of an equipment train if flexible hose connections are the only disturbed equipment.

(3) For an existing source, you are not required to develop an initial list of identification numbers for connectors as would otherwise be required under §63.1022(b)(1) or §63.181(b)(1)(i).

(4) For connectors in gas/vapor and light liquid service at an existing source, you may elect to comply with the requirements in §63.169 or §63.1029 for connectors in heavy liquid service, including all associated recordkeeping and reporting requirements, rather than the requirements of §63.174 or §63.1027.

(5) For pumps in light liquid service in an MCPU that has no continuous process vents and is part of an existing source, you may elect to consider the leak definition that defines a leak to be 10,000 parts per million (ppm) or greater as an alternative to the values specified in §63.1026(b)(2)(i) through (iii) or §63.163(b)(2).

(c) If you comply with 40 CFR part 65, subpart F, you may elect to comply with the provisions in paragraphs (c)(1) through (9) of this section as an alternative to the referenced provisions in 40 CFR part 65, subpart F.

(1) The requirements for pressure testing in §65.117(b) may be applied to all processes, not just batch processes.

(2) For the purposes of this subpart, pressure testing for leaks in accordance with §65.117(b) is not required after reconfiguration of an equipment train if flexible hose connections are the only disturbed equipment.

(3) For an existing source, you are not required to develop an initial list of identification numbers for connectors as would otherwise be required under §65.103(b)(1).

(4) You may elect to comply with the monitoring and repair requirements specified in §65.108(e)(3) as an alternative to the requirements specified in §65.108(a) through (d) for any connectors at your affected source.

(5) For pumps in light liquid service in an MCPU that has no continuous process vents and is part of an existing source, you may elect to consider the leak definition that defines a leak to be 10,000 ppm or greater as an alternative to the values specified in §65.107(b)(2)(i) through (iii).

(6) When 40 CFR part 65, subpart F refers to the implementation date specified in §65.1(f), it means the compliance date specified in §63.2445.

(7) When §§65.105(f) and 65.117(d)(3) refer to §65.4, it means §63.2525.

(8) When §65.120(a) refers to §65.5(d), it means §63.2515.

(9) When §65.120(b) refers to §65.5(e), it means §63.2520.

(d) The provisions of this section do not apply to bench-scale processes, regardless of whether the processes are located at the same plant site as a process subject to the provisions of this subpart.

[71 FR 40335, July 14, 2006]

§63.2485   What requirements must I meet for wastewater streams and liquid streams in open systems within an MCPU?

(a) You must meet each requirement in table 7 to this subpart that applies to your wastewater streams and liquid streams in open systems within an MCPU, except as specified in paragraphs (b) through (o) of this section.

(b) Wastewater HAP. Where §63.105 and §§63.132 through 63.148 refer to compounds in table 9 of subpart G of this part 63, the compounds in tables 8 and 9 to this subpart apply for the purposes of this subpart.

(c) Group 1 wastewater. Section 63.132(c)(1) (i) and (ii) do not apply. For the purposes of this subpart, a process wastewater stream is Group 1 for compounds in tables 8 and 9 to this subpart if any of the conditions specified in paragraphs (c) (1) through (3) of this section are met.

(1) The total annual average concentration of compounds in table 8 to this subpart is greater than or equal to 10,000 ppmw at any flowrate, and the total annual load of compounds in table 8 to this subpart is greater than or equal to 200 lb/yr.

(2) The total annual average concentration of compounds in table 8 to this subpart is greater than or equal to 1,000 ppmw, and the annual average flowrate is greater than or equal to 1 l/min.

(3) The combined total annual average concentration of compounds in tables 8 and 9 to this subpart is greater than or equal to 30,000 ppmw, and the combined total annual load of compounds in tables 8 and 9 to this subpart is greater than or equal to 1 tpy.

(d) Wastewater tank requirements. (1) When §§63.133 and 63.147 reference floating roof requirements in §§63.119 and 63.120, the corresponding requirements in subpart WW of this part 63 may be applied for the purposes of this subpart.

(2) When §63.133(a) refers to table 10 of subpart G of this part 63, the maximum true vapor pressure in the table shall be limited to the HAP listed in tables 8 and 9 of this subpart FFFF.

(3) For the purposes of this subpart, the requirements of §63.133(a)(2) are satisfied by operating and maintaining a fixed roof if you demonstrate that the total soluble and partially soluble HAP emissions from the wastewater tank are no more than 5 percent higher than the emissions would be if the contents of the wastewater tank were not heated, treated by an exothermic reaction, or sparged.

(4) The emission limits specified in §§63.133(b)(2) and 63.139 for control devices used to control emissions from wastewater tanks do not apply during periods of planned routine maintenance of the control device(s) of no more than 240 hr/yr. You may request an extension to a total of 360 hr/yr in accordance with the procedures specified in §63.2470(d).

(e) Individual drain systems. The provisions of §63.136(e)(3) apply except as specified in paragraph (e)(1) of this section.

(1) A sewer line connected to drains that are in compliance with §63.136(e)(1) may be vented to the atmosphere, provided that the sewer line entrance to the first downstream junction box is water sealed and the sewer line vent pipe is designed as specified in §63.136(e)(2)(ii)(A).

(2) [Reserved]

(f) Closed-vent system requirements. When §63.148(k) refers to closed vent systems that are subject to the requirements of §63.172, the requirements of either §63.172 or §63.1034 apply for the purposes of this subpart.

(g) Halogenated vent stream requirements. For each halogenated vent stream from a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream that is vented through a closed-vent system to a combustion device to reduce organic HAP emissions, you must meet the same emission limits as specified for batch process vents in item 2 of table 2 to this subpart.

(h) Alternative test methods. (1) As an alternative to the test methods specified in §63.144(b)(5)(i), you may use Method 8260 or 8270 as specified in §63.1257(b)(10)(iii).

(2) As an alternative to using the methods specified in §63.144(b)(5)(i), you may conduct wastewater analyses using Method 1666 or 1671 of 40 CFR part 136 and comply with the sampling protocol requirements specified in §63.144(b)(5)(ii). The validation requirements specified in §63.144(b)(5)(iii) do not apply if you use Method 1666 or 1671 of 40 CFR part 136.

(3) As an alternative to using Method 18 of 40 CFR part 60, as specified in §§63.139(c)(1)(ii) and 63.145(i)(2), you may elect to use Method 25A of 40 CFR part 60 as specified in §63.997.

(i) Offsite management and treatment option. (1) If you ship wastewater to an offsite treatment facility that meets the requirements of §63.138(h), you may elect to document in your notification of compliance status report that the wastewater will be treated as hazardous waste at a facility that meets the requirements of §63.138(h) as an alternative to having the offsite facility submit the certification specified in §63.132(g)(2).

(2) As an alternative to the management and treatment options specified in §63.132(g)(2), any affected wastewater stream (or residual removed from an affected wastewater stream) with a total annual average concentration of compounds in Table 8 to this subpart less than 50 ppmw may be transferred offsite in accordance with paragraphs (i)(2) (i) and (ii) of this section.

(i) The transferee (or you) must demonstrate that less than 5 percent of the HAP in Table 9 to this subpart is emitted from the waste management units up to the activated sludge unit.

(ii) The transferee must treat the wastewater stream or residual in a biological treatment unit in accordance with §§63.138 and 63.145 and the requirements referenced therein.

(j) You must determine the annual average concentration and annual average flowrate for wastewater streams for each MCPU. The procedures for flexible operation units specified in §63.144 (b) and (c) do not apply for the purposes of this subpart.

(k) The requirement to correct outlet concentrations from combustion devices to 3 percent oxygen in §§63.139(c)(1)(ii) and 63.146(i)(6) applies only if supplemental gases are combined with a vent stream from a Group 1 wastewater stream. If emissions are controlled with a vapor recovery system as specified in §63.139(c)(2), you must correct for supplemental gases as specified in §63.2460(c)(6).

(l) Requirements for liquid streams in open systems. (1) References in §63.149 to §63.100(b) mean §63.2435(b) for the purposes of this subpart.

(2) When §63.149(e) refers to 40 CFR 63.100(l) (1) or (2), §63.2445(a) applies for the purposes of this subpart.

(3) When §63.149 uses the term “chemical manufacturing process unit,” the term “MCPU” applies for the purposes of this subpart.

(4) When §63.149(e)(1) refers to characteristics of water that contain compounds in Table 9 to 40 CFR part 63, subpart G, the characteristics specified in paragraphs (c) (1) through (3) of this section apply for the purposes of this subpart.

(5) When §63.149(e)(2) refers to characteristics of water that contain compounds in Table 9 to 40 CFR part 63, subpart G, the characteristics specified in paragraph (c)(2) of this section apply for the purposes of this subpart.

(m) When §63.132(f) refers to “a concentration of greater than 10,000 ppmw of table 9 compounds,” the phrase “a concentration of greater than 30,000 ppmw of total partially soluble HAP (PSHAP) and soluble HAP (SHAP) or greater than 10,000 ppmw of PSHAP” shall apply for the purposes of this subpart.

(n) Alternative requirements for wastewater that is Group 1 for soluble HAP only. The option specified in this paragraph (n) applies to wastewater that is Group 1 for soluble HAP in accordance with paragraph (c)(3) of this section and is discharged to biological treatment. Except as provided in paragraph (n)(4) of this section, this option does not apply to wastewater that is Group 1 for partially soluble HAP in accordance with paragraph (c)(1), (c)(2), or (c)(4) of this section. For wastewater that is Group 1 for SHAP, you need not comply with §§63.133 through 63.137 for any equalization unit, neutralization unit, and/or clarifier prior to the activated sludge unit, and you need not comply with the venting requirements in §63.136(e)(2)(ii)(A) for lift stations with a volume larger than 10,000 gal, provided you comply with the requirements specified in paragraphs (n)(1) through (3) of this section and all otherwise applicable requirements specified in table 7 to this subpart. For this option, the treatment requirements in §63.138 and the performance testing requirements in §63.145 do not apply to the biological treatment unit, except as specified in paragraphs (n)(2)(i) through (iv) of this section.

(1) Wastewater must be hard-piped between the equalization unit, clarifier, and activated sludge unit. This requirement does not apply to the transfer between any of these types of units that are part of the same structure and one unit overflows into the next.

(2) Calculate the destruction efficiency of the biological treatment unit using Equation 1 of this section in accordance with the procedures described in paragraphs (n)(2)(i) through (vi) of this section. You have demonstrated initial compliance if E is greater than or equal to 90 percent.

eCFR graphic er14jy06.031.gif

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Where:

E = destruction efficiency of total PSHAP and SHAP for the biological treatment unit including the equalization unit, neutralization unit, and/or clarifier, percent;

QMWa = mass flow rate of total PSHAP and SHAP compounds entering the equalization unit (or whichever of the three types of units is first), kilograms per hour (kg/hr);

QMGe = mass flow rate of total PSHAP and SHAP compounds emitted from the equalization unit, kg/hr;

QMGn = mass flow rate of total PSHAP and SHAP compounds emitted from the neutralization unit, kg/hr;

QMGc = mass flow rate of total PSHAP and SHAP compounds emitted from the clarifier, kg/hr

Fbio = site-specific fraction of PSHAP and SHAP compounds biodegraded in the biological treatment unit.

(i) Include all PSHAP and SHAP compounds in both Group 1 and Group 2 wastewater streams from all MCPU, except you may exclude any compounds that meet the criteria specified in §63.145(a)(6)(ii) or (iii).

(ii) Conduct the demonstration under representative process unit and treatment unit operating conditions in accordance with §63.145(a)(3) and (4).

(iii) Determine PSHAP and SHAP concentrations and the total wastewater flow rate at the inlet to the equalization unit in accordance with §63.145(f)(1) and (2). References in §63.145(f)(1) and (2) to required mass removal and actual mass removal do not apply for the purposes of this section.

(iv) Determine Fbio for the activated sludge unit as specified in §63.145(h), except as specified in paragraph (n)(2)(iv)(A) or paragraph (n)(2)(iv)(B) of this section.

(A) If the biological treatment process meets both of the requirements specified in §63.145(h)(1)(i) and (ii), you may elect to replace the Fbio term in Equation 1 of this section with the numeral “1.”

(B) You may elect to assume fbio is zero for any compounds on List 2 of table 36 in subpart G.

(v) Determine QMGe, QMGn, and QMGc using EPA's WATER9 model or the most recent update to this model, and conduct testing or use other procedures to validate the modeling results.

(vi) Submit the data and results of your demonstration, including both a description of and the results of your WATER9 modeling validation procedures, in your notification of compliance status report as specified in §63.2520(d)(2)(ii).

(3) As an alternative to the venting requirements in §63.136(e)(2)(ii)(A), a lift station with a volume larger than 10,000 gal may have openings necessary for proper venting of the lift station. The size and other design characteristics of these openings may be established based on manufacturer recommendations or engineering judgment for venting under normal operating conditions. You must describe the design of such openings and your supporting calculations and other rationale in your notification of compliance status report.

(4) For any wastewater streams that are Group 1 for both PSHAP and SHAP, you may elect to meet the requirements specified in table 7 to this subpart for the PSHAP and then comply with paragraphs (n)(1) through (3) of this section for the SHAP in the wastewater system. You may determine the SHAP mass removal rate, in kg/hr, in treatment units that are used to meet the requirements for PSHAP and add this amount to both the numerator and denominator in Equation 1 of this section.

(o) Compliance records. For each CPMS used to monitor a nonflare control device for wastewater emissions, you must keep records as specified in §63.998(c)(1) in addition to the records required in §63.147(d).

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 FR 40335, July 14, 2006]

§63.2490   What requirements must I meet for heat exchange systems?

(a) You must comply with each requirement in Table 10 to this subpart that applies to your heat exchange systems, except as specified in paragraphs (b) and (c) of this section.

(b) The phrase “a chemical manufacturing process unit meeting the conditions of §63.100 (b)(1) through (b)(3) of this section” in §63.104(a) means “an MCPU meeting the conditions of §63.2435” for the purposes of this subpart.

(c) The reference to §63.100(c) in §63.104(a) does not apply for the purposes of this subpart.

Alternative Means of Compliance

§63.2495   How do I comply with the pollution prevention standard?

(a) You may elect to comply with the pollution prevention alternative requirements specified in paragraphs (a) (1) and (2) of this section in lieu of the emission limitations and work practice standards contained in Tables 1 through 7 to this subpart for any MCPU for which initial startup occurred before April 4, 2002.

(1) You must reduce the production-indexed HAP consumption factor (HAP factor) by at least 65 percent from a 3-year average baseline beginning no earlier than the 1994 through 1996 calendar years. For any reduction in the HAP factor that you achieve by reducing HAP that are also volatile organic compounds (VOC), you must demonstrate an equivalent reduction in the production-indexed VOC consumption factor (VOC factor) on a mass basis. For any reduction in the HAP factor that you achieve by reducing a HAP that is not a VOC, you may not increase the VOC factor.

(2) Any MCPU for which you seek to comply by using the pollution prevention alternative must begin with the same starting material(s) and end with the same product(s). You may not comply by eliminating any steps of a process by transferring the step offsite (to another manufacturing location). You may also not merge a solvent recovery step conducted offsite to onsite and as part of an existing process as a method of reducing consumption.

(3) You may comply with the requirements of paragraph (a)(1) of this section for a series of processes, including situations where multiple processes are merged, if you demonstrate to the satisfaction of the Administrator that the multiple processes were merged after the baseline period into an existing process or processes.

(b) Exclusions. (1) You must comply with the emission limitations and work practice standards contained in tables 1 through 7 of this subpart for all HAP that are generated in the MCPU and that are not included in consumption, as defined in §63.2550. If any vent stream routed to the combustion control is a halogenated vent stream, as defined in §63.2550, then hydrogen halides that are generated as a result of combustion control must be controlled according to the requirements of §63.994 and the requirements referenced therein.

(2) You may not merge nondedicated formulation or nondedicated solvent recovery processes with any other processes.

(c) Initial compliance procedures. To demonstrate initial compliance with paragraph (a) of this section, you must prepare a demonstration summary in accordance with paragraph (c) (1) of this section and calculate baseline and target annual HAP and VOC factors in accordance with paragraphs (c) (2) and (3) of this section.

(1) Demonstration plan. You must prepare a pollution prevention demonstration plan that contains, at a minimum, the information in paragraphs (c)(1) (i) through (iii) of this section for each MCPU for which you comply with paragraph (a) of this section.

(i) Descriptions of the methodologies and forms used to measure and record consumption of HAP and VOC compounds.

(ii) Descriptions of the methodologies and forms used to measure and record production of the product(s).

(iii) Supporting documentation for the descriptions provided in accordance with paragraphs (c)(1) (i) and (ii) of this section including, but not limited to, samples of operator log sheets and daily, monthly, and/or annual inventories of materials and products. You must describe how this documentation will be used to calculate the annual factors required in paragraph (d) of this section.

(2) Baseline factors. You must calculate baseline HAP and VOC factors by dividing the consumption of total HAP and total VOC by the production rate, per process, for the first 3-year period in which the process was operational, beginning no earlier than the period consisting of the 1994 through 1996 calendar years.

(3) Target annual factors. You must calculate target annual HAP and VOC factors. The target annual HAP factor must be equal to 35 percent of the baseline HAP factor. The target annual VOC factor must be lower than the baseline VOC factor by an amount equivalent to the reduction in any HAP that is also a VOC, on a mass basis. The target annual VOC factor may be the same as the baseline VOC factor if the only HAP you reduce is not a VOC.

(d) Continuous compliance requirements. You must calculate annual rolling average values of the HAP and VOC factors (annual factors) in accordance with the procedures specified in paragraphs (d) (1) through (3) of this section. To show continuous compliance, the annual factors must be equal to or less than the target annual factors calculated according to paragraph (c)(3) of this section.

(1) To calculate the annual factors, you must divide the consumption of both total HAP and total VOC by the production rate, per process, for 12-month periods at the frequency specified in either paragraph (d) (2) or (3) of this section, as applicable.

(2) For continuous processes, you must calculate the annual factors every 30 days for the 12-month period preceding the 30th day (i.e., annual rolling average calculated every 30 days). A process with both batch and continuous operations is considered a continuous process for the purposes of this section.

(3) For batch processes, you must calculate the annual factors every 10 batches for the 12-month period preceding the 10th batch (i.e., annual rolling average calculated every 10 batches), except as specified in paragraphs (d)(3) (i) and (ii) of this section.

(i) If you produce more than 10 batches during a month, you must calculate the annual factors at least once during that month.

(ii) If you produce less than 10 batches in a 12-month period, you must calculate the annual factors for the number of batches in the 12-month period since the previous calculations.

(e) Records. You must keep records of HAP and VOC consumption, production, and the rolling annual HAP and VOC factors for each MCPU for which you are complying with paragraph (a) of this section.

(f) Reporting. (1) You must include the pollution prevention demonstration plan in the precompliance report required by §63.2520(c).

(2) You must identify all days when the annual factors were above the target factors in the compliance reports.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40336, July 14, 2006]

§63.2500   How do I comply with emissions averaging?

(a) For an existing source, you may elect to comply with the percent reduction emission limitations in Tables 1, 2, 4, 5, and 7 to this subpart by complying with the emissions averaging provisions specified in §63.150, except as specified in paragraphs (b) through (f) of this section.

(b) The batch process vents in an MCPU collectively are considered one individual emission point for the purposes of emissions averaging, except that only individual batch process vents must be excluded to meet the requirements of §63.150(d)(5).

(c) References in §63.150 to §§63.112 through 63.130 mean the corresponding requirements in §§63.2450 through 63.2490, including applicable monitoring, recordkeeping, and reporting.

(d) References to “periodic reports” in §63.150 mean “compliance report” for the purposes of this subpart.

(e) For batch process vents, estimate uncontrolled emissions for a standard batch using the procedures in §63.1257(d)(2)(i) and (ii) instead of the procedures in §63.150(g)(2). Multiply the calculated emissions per batch by the number of batches per month when calculating the monthly emissions for use in calculating debits and credits.

(f) References to “storage vessels” in §63.150 mean “storage tank” as defined in §63.2550 for the purposes of this subpart.

§63.2505   How do I comply with the alternative standard?

As an alternative to complying with the emission limits and work practice standards for process vents and storage tanks in Tables 1 through 4 to this subpart and the requirements in §§63.2455 through 63.2470, you may comply with the emission limits in paragraph (a) of this section and demonstrate compliance in accordance with the requirements in paragraph (b) of this section.

(a) Emission limits and work practice standards. (1) You must route vent streams through a closed-vent system to a control device that reduces HAP emissions as specified in either paragraph (a)(1)(i) or (ii) of this section.

(i) If you use a combustion control device, it must reduce HAP emissions as specified in paragraphs (a)(1)(i)(A), (B), and (C) of this section.

(A) To an outlet TOC concentration of 20 parts per million by volume (ppmv) or less.

(B) To an outlet concentration of hydrogen halide and halogen HAP of 20 ppmv or less.

(C) As an alternative to paragraph (a)(1)(i)(B) of this section, if you control halogenated vent streams emitted from a combustion device followed by a scrubber, reduce the hydrogen halide and halogen HAP generated in the combustion device by greater than or equal to 95 percent by weight in the scrubber.

(ii) If you use a noncombustion control device(s), it must reduce HAP emissions to an outlet total organic HAP concentration of 50 ppmv or less, and an outlet concentration of hydrogen halide and halogen HAP of 50 ppmv or less.

(2) Any Group 1 process vents within a process that are not controlled according to this alternative standard must be controlled according to the emission limits in tables 1 through 3 to this subpart.

(b) Compliance requirements. To demonstrate compliance with paragraph (a) of this section, you must meet the requirements of §63.1258(b)(5) beginning no later than the initial compliance date specified in §63.2445, except as specified in paragraphs (b)(1) through (9) of this section.

(1) You must comply with the requirements in §63.983 and the requirements referenced therein for closed-vent systems.

(2) When §63.1258(b)(5)(i) refers to §§63.1253(d) and 63.1254(c), the requirements in paragraph (a) of this section apply for the purposes of this subpart FFFF.

(3) When §63.1258(b)(5)(i)(B) refers to “HCl,” it means “total hydrogen halide and halogen HAP” for the purposes of this subpart FFFF.

(4) When §63.1258(b)(5)(ii) refers to §63.1257(a)(3), it means §63.2450(j)(5) for the purposes of this subpart FFFF.

(5) You must submit the results of any determination of the target analytes of predominant HAP in the notification of compliance status report.

(6) If you elect to comply with the requirement to reduce hydrogen halide and halogen HAP by greater than or equal to 95 percent by weight in paragraph (a)(1)(i)(C) of this section, you must meet the requirements in paragraphs (b)(6)(i) and (ii) of this section.

(i) Demonstrate initial compliance with the 95 percent reduction by conducting a performance test and setting a site-specific operating limit(s) for the scrubber in accordance with §63.994 and the requirements referenced therein. You must submit the results of the initial compliance demonstration in the notification of compliance status report.

(ii) Install, operate, and maintain CPMS for the scrubber as specified in §§63.994(c) and 63.2450(k), instead of as specified in §63.1258(b)(5)(i)(C).

(7) If flow to the scrubber could be intermittent, you must install, calibrate, and operate a flow indicator as specified in §63.2460(c)(7).

(8) Use the operating day as the averaging period for CEMS data and scrubber parameter monitoring data.

(9) The requirements in paragraph (a) of this section do not apply to emissions from storage tanks during periods of planned routine maintenance of the control device that do not exceed 240 hr/yr. You may submit an application to the Administrator requesting an extension of this time limit to a total of 360 hr/yr in accordance with the procedures specified in §63.2470(d). You must comply with the recordkeeping and reporting specified in §§63.998(d)(2)(ii) and 63.999(c)(4) for periods of planned routine maintenance.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005]

Notification, Reports, and Records

§63.2515   What notifications must I submit and when?

(a) You must submit all of the notifications in §§63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e), (f)(4) and (6), and 63.9(b) through (h) that apply to you by the dates specified.

(b) Initial notification. As specified in §63.9(b)(2), if you startup your affected source before November 10, 2003, you must submit an initial notification not later than 120 calendar days after November 10, 2003.

(2) As specified in §63.9(b)(3), if you startup your new affected source on or after November 10, 2003, you must submit an initial notification not later than 120 calendar days after you become subject to this subpart.

(c) Notification of performance test. If you are required to conduct a performance test, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in §63.7(b)(1). For any performance test required as part of the initial compliance procedures for batch process vents in table 2 to this subpart, you must also submit the test plan required by §63.7(c) and the emission profile with the notification of the performance test.

§63.2520   What reports must I submit and when?

(a) You must submit each report in Table 11 to this subpart that applies to you.

(b) Unless the Administrator has approved a different schedule for submission of reports under §63.10(a), you must submit each report by the date in table 11 to this subpart and according to paragraphs (b)(1) through (5) of this section.

(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in §63.2445 and ending on June 30 or December 31, whichever date is the first date following the end of the first 6 months after the compliance date that is specified for your affected source in §63.2445.

(2) The first compliance report must be postmarked or delivered no later than August 31 or February 28, whichever date is the first date following the end of the first reporting period specified in paragraph (b)(1) of this section.

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

(4) Each subsequent compliance report must be postmarked or delivered no later than August 31 or February 28, whichever date is the first date following the end of the semiannual reporting period.

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

(c) Precompliance report. You must submit a precompliance report to request approval for any of the items in paragraphs (c)(1) through (7) of this section. We will either approve or disapprove the report within 90 days after we receive it. If we disapprove the report, you must still be in compliance with the emission limitations and work practice standards in this subpart by the compliance date. To change any of the information submitted in the report, you must notify us 60 days before the planned change is to be implemented.

(1) Requests for approval to set operating limits for parameters other than those specified in §§63.2455 through 63.2485 and referenced therein. Alternatively, you may make these requests according to §63.8(f).

(2) Descriptions of daily or per batch demonstrations to verify that control devices subject to §63.2460(c)(5) are operating as designed.

(3) A description of the test conditions, data, calculations, and other information used to establish operating limits according to §63.2460(c)(3).

(4) Data and rationale used to support an engineering assessment to calculate uncontrolled emissions in accordance with §63.1257(d)(2)(ii). This requirement does not apply to calculations of hydrogen halide and halogen HAP emissions as specified in §63.2465(b), to determinations that the total HAP concentration is less than 50 ppmv, or if you use previous test data to establish the uncontrolled emissions.

(5) The pollution prevention demonstration plan required in §63.2495(c)(1), if you are complying with the pollution prevention alternative.

(6) Documentation of the practices that you will implement to minimize HAP emissions from streams that contain energetics and organic peroxides, and rationale for why meeting the emission limit specified in tables 1 through 7 to this subpart would create an undue safety hazard.

(7) For fabric filters that are monitored with bag leak detectors, an operation and maintenance plan that describes proper operation and maintenance procedures, and a corrective action plan that describes corrective actions to be taken, and the timing of those actions, when the PM concentration exceeds the set point and activates the alarm.

(d) Notification of compliance status report. You must submit a notification of compliance status report according to the schedule in paragraph (d)(1) of this section, and the notification of compliance status report must contain the information specified in paragraph (d)(2) of this section.

(1) You must submit the notification of compliance status report no later than 150 days after the applicable compliance date specified in §63.2445.

(2) The notification of compliance status report must include the information in paragraphs (d)(2)(i) through (ix) of this section.

(i) The results of any applicability determinations, emission calculations, or analyses used to identify and quantify HAP usage or HAP emissions from the affected source.

(ii) The results of emissions profiles, performance tests, engineering analyses, design evaluations, flare compliance assessments, inspections and repairs, and calculations used to demonstrate initial compliance according to §§63.2455 through 63.2485. For performance tests, results must include descriptions of sampling and analysis procedures and quality assurance procedures.

(iii) Descriptions of monitoring devices, monitoring frequencies, and the operating limits established during the initial compliance demonstrations, including data and calculations to support the levels you establish.

(iv) All operating scenarios.

(v) Descriptions of worst-case operating and/or testing conditions for control devices.

(vi) Identification of parts of the affected source subject to overlapping requirements described in §63.2535 and the authority under which you will comply.

(vii) The information specified in §63.1039(a)(1) through (3) for each process subject to the work practice standards for equipment leaks in Table 6 to this subpart.

(viii) Identify storage tanks for which you are complying with the vapor balancing alternative in §63.2470(e).

(ix) Records as specified in §63.2535(l)(1) through (3) of process units used to create a PUG and calculations of the initial primary product of the PUG.

(e) Compliance report. The compliance report must contain the information specified in paragraphs (e)(1) through (10) of this section.

(1) Company name and address.

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

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

(4) For each SSM during which excess emissions occur, the compliance report must include records that the procedures specified in your startup, shutdown, and malfunction plan (SSMP) were followed or documentation of actions taken that are not consistent with the SSMP, and include a brief description of each malfunction.

(5) The compliance report must contain the information on deviations, as defined in §63.2550, according to paragraphs (e)(5)(i), (ii), (iii), and (iv) of this section.

(i) If there are no deviations from any emission limit, operating limit or work practice standard specified in this subpart, include a statement that there were no deviations from the emission limits, operating limits, or work practice standards during the reporting period.

(ii) For each deviation from an emission limit, operating limit, and work practice standard that occurs at an affected source where you are not using a continuous monitoring system (CMS) to comply with the emission limit or work practice standard in this subpart, you must include the information in paragraphs (e)(5)(ii)(A) through (C) of this section. This includes periods of SSM.

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

(B) Information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken.

(C) Operating logs of processes with batch vents from batch operations for the day(s) during which the deviation occurred, except operating logs are not required for deviations of the work practice standards for equipment leaks.

(iii) For each deviation from an emission limit or operating limit occurring at an affected source where you are using a CMS to comply with an emission limit in this subpart, you must include the information in paragraphs (e)(5)(iii)(A) through (L) of this section. This includes periods of SSM.

(A) The date and time that each CMS was inoperative, except for zero (low-level) and high-level checks.

(B) The date, time, and duration that each CEMS was out-of-control, including the information in §63.8(c)(8).

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

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

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

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

(G) An identification of each HAP that is known to be in the emission stream.

(H) A brief description of the process units.

(I) A brief description of the CMS.

(J) The date of the latest CMS certification or audit.

(K) Operating logs of processes with batch vents from batch operations for each day(s) during which the deviation occurred.

(L) The operating day or operating block average values of monitored parameters for each day(s) during which the deviation occurred.

(iv) If you documented in your notification of compliance status report that an MCPU has Group 2 batch process vents because the non-reactive HAP is the only HAP and usage is less than 10,000 lb/yr, the total uncontrolled organic HAP emissions from the batch process vents in an MCPU will be less than 1,000 lb/yr for the anticipated number of standard batches, or total uncontrolled hydrogen halide and halogen HAP emissions from all batch process vents and continuous process vents in a process are less than 1,000 lb/yr, include the records associated with each calculation required by §63.2525(e) that exceeds an applicable HAP usage or emissions threshold.

(6) If you use a CEMS, and there were no periods during which it was out-of-control as specified in §63.8(c)(7), include a statement that there were no periods during which the CEMS was out-of-control during the reporting period.

(7) Include each new operating scenario which has been operated since the time period covered by the last compliance report and has not been submitted in the notification of compliance status report or a previous compliance report. For each new operating scenario, you must provide verification that the operating conditions for any associated control or treatment device have not been exceeded and that any required calculations and engineering analyses have been performed. For the purposes of this paragraph, a revised operating scenario for an existing process is considered to be a new operating scenario.

(8) Records of process units added to a PUG as specified in §63.2525(i)(4) and records of primary product redeterminations as specified in §63.2525(i)(5).

(9) Applicable records and information for periodic reports as specified in referenced subparts F, G, H, SS, UU, WW, and GGG of this part and subpart F of 40 CFR part 65.

(10) Notification of process change. (i) Except as specified in paragraph (e)(10)(ii) of this section, whenever you make a process change, or change any of the information submitted in the notification of compliance status report or a previous compliance report, that is not within the scope of an existing operating scenario, you must document the change in your compliance report. A process change does not include moving within a range of conditions identified in the standard batch, and a nonstandard batch does not constitute a process change. The notification must include all of the information in paragraphs (e)(10)(i)(A) through (C) of this section.

(A) A description of the process change.

(B) Revisions to any of the information reported in the original notification of compliance status report under paragraph (d) of this section.

(C) Information required by the notification of compliance status report under paragraph (d) of this section for changes involving the addition of processes or equipment at the affected source.

(ii) You must submit a report 60 days before the scheduled implementation date of any of the changes identified in paragraph (e)(10)(ii)(A), (B), or (C) of this section.

(A) Any change to the information contained in the precompliance report.

(B) A change in the status of a control device from small to large.

(C) A change from Group 2 to Group 1 for any emission point except for batch process vents that meet the conditions specified in §63.2460(b)(6)(i).

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 FR 40336, July 14, 2006]

§63.2525   What records must I keep?

You must keep the records specified in paragraphs (a) through (k) of this section.

(a) Each applicable record required by subpart A of this part 63 and in referenced subparts F, G, SS, UU, WW, and GGG of this part 63 and in referenced subpart F of 40 CFR part 65.

(b) Records of each operating scenario as specified in paragraphs (b)(1) through (8) of this section.

(1) A description of the process and the type of process equipment used.

(2) An identification of related process vents, including their associated emissions episodes if not complying with the alternative standard in §63.2505; wastewater point of determination (POD); storage tanks; and transfer racks.

(3) The applicable control requirements of this subpart, including the level of required control, and for vents, the level of control for each vent.

(4) The control device or treatment process used, as applicable, including a description of operating and/or testing conditions for any associated control device.

(5) The process vents, wastewater POD, transfer racks, and storage tanks (including those from other processes) that are simultaneously routed to the control device or treatment process(s).

(6) The applicable monitoring requirements of this subpart and any parametric level that assures compliance for all emissions routed to the control device or treatment process.

(7) Calculations and engineering analyses required to demonstrate compliance.

(8) For reporting purposes, a change to any of these elements not previously reported, except for paragraph (b)(5) of this section, constitutes a new operating scenario.

(c) A schedule or log of operating scenarios for processes with batch vents from batch operations updated each time a different operating scenario is put into effect.

(d) The information specified in paragraphs (d)(1) and (2) of this section for Group 1 batch process vents in compliance with a percent reduction emission limit in Table 2 to this subpart if some of the vents are controlled to less the percent reduction requirement.

(1) Records of whether each batch operated was considered a standard batch.

(2) The estimated uncontrolled and controlled emissions for each batch that is considered to be a nonstandard batch.

(e) The information specified in paragraph (e)(2), (3), or (4) of this section, as applicable, for each process with Group 2 batch process vents or uncontrolled hydrogen halide and halogen HAP emissions from the sum of all batch and continuous process vents less than 1,000 lb/yr. No records are required for situations described in paragraph (e)(1) of this section.

(1) No records are required if you documented in your notification of compliance status report that the MCPU meets any of the situations described in paragraph (e)(1)(i), (ii), or (iii) of this section.

(i) The MCPU does not process, use, or generate HAP.

(ii) You control the Group 2 batch process vents using a flare that meets the requirements of §63.987.

(iii) You control the Group 2 batch process vents using a control device for which your determination of worst case for initial compliance includes the contribution of all Group 2 batch process vents.

(2) If you documented in your notification of compliance status report that an MCPU has Group 2 batch process vents because the non-reactive organic HAP is the only HAP and usage is less than 10,000 lb/yr, as specified in §63.2460(b)(7), you must keep records of the amount of HAP material used, and calculate the daily rolling annual sum of the amount used no less frequently than monthly. If a record indicates usage exceeds 10,000 lb/yr, you must estimate emissions for the preceding 12 months based on the number of batches operated and the estimated emissions for a standard batch, and you must begin recordkeeping as specified in paragraph (e)(4) of this section. After 1 year, you may revert to recording only usage if the usage during the year is less than 10,000 lb.

(3) If you documented in your notification of compliance status report that total uncontrolled organic HAP emissions from the batch process vents in an MCPU will be less than 1,000 lb/yr for the anticipated number of standard batches, then you must keep records of the number of batches operated and calculate a daily rolling annual sum of batches operated no less frequently than monthly. If the number of batches operated results in organic HAP emissions that exceed 1,000 lb/yr, you must estimate emissions for the preceding 12 months based on the number of batches operated and the estimated emissions for a standard batch, and you must begin recordkeeping as specified in paragraph (e)(4) of this section. After 1 year, you may revert to recording only the number of batches if the number of batches operated during the year results in less than 1,000 lb of organic HAP emissions.

(4) If you meet none of the conditions specified in paragraphs (e)(1) through (3) of this section, you must keep records of the information specified in paragraphs (e)(4)(i) through (iv) of this section.

(i) A record of the day each batch was completed and/or the operating hours per day for continuous operations with hydrogen halide and halogen emissions.

(ii) A record of whether each batch operated was considered a standard batch.

(iii) The estimated uncontrolled and controlled emissions for each batch that is considered to be a nonstandard batch.

(iv) Records of the daily 365-day rolling summations of emissions, or alternative records that correlate to the emissions (e.g., number of batches), calculated no less frequently than monthly.

(f) A record of each time a safety device is opened to avoid unsafe conditions in accordance with §63.2450(s).

(g) Records of the results of each CPMS calibration check and the maintenance performed, as specified in §63.2450(k)(1).

(h) For each CEMS, you must keep records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period.

(i) For each PUG, you must keep records specified in paragraphs (i)(1) through (5) of this section.

(1) Descriptions of the MCPU and other process units in the initial PUG required by §63.2535(l)(1)(v).

(2) Rationale for including each MCPU and other process unit in the initial PUG (i.e., identify the overlapping equipment between process units) required by §63.2535(l)(1)(v).

(3) Calculations used to determine the primary product for the initial PUG required by §63.2535(l)(2)(iv).

(4) Descriptions of process units added to the PUG after the creation date and rationale for including the additional process units in the PUG as required by §63.2535(l)(1)(v).

(5) The calculation of each primary product redetermination required by §63.2535(l)(2)(iv).

(j) In the SSMP required by §63.6(e)(3), you are not required to include Group 2 emission points, unless those emission points are used in an emissions average. For equipment leaks, the SSMP requirement is limited to control devices and is optional for other equipment.

(k) For each bag leak detector used to monitor PM HAP emissions from a fabric filter, maintain records of any bag leak detection alarm, including the date and time, with a brief explanation of the cause of the alarm and the corrective action taken.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 FR 40337, July 14, 2006]

Other Requirements and Information

§63.2535   What compliance options do I have if part of my plant is subject to both this subpart and another subpart?

For any equipment, emission stream, or wastewater stream subject to the provisions of both this subpart and another rule, you may elect to comply only with the provisions as specified in paragraphs (a) through (l) of this section. You also must identify the subject equipment, emission stream, or wastewater stream, and the provisions with which you will comply, in your notification of compliance status report required by §63.2520(d).

(a) Compliance with other subparts of this part 63. (1) If you have an MCPU that includes a batch process vent that also is part of a CMPU as defined in subparts F and G of this part 63, you must comply with the emission limits; operating limits; work practice standards; and the compliance, monitoring, reporting, and recordkeeping requirements for batch process vents in this subpart, and you must continue to comply with the requirements in subparts F, G, and H of this part 63 that are applicable to the CMPU and associated equipment.

(2) After the compliance dates specified in §63.2445, at an offsite reloading or cleaning facility subject to §63.1253(f), as referenced from §63.2470(e), compliance with the monitoring, recordkeeping, and reporting provisions of any other subpart of this part 63 constitutes compliance with the monitoring, recordkeeping, and reporting provisions of §63.1253(f)(7)(ii) or §63.1253(f)(7)(iii). You must identify in your notification of compliance status report required by §63.2520(d) the subpart of this part 63 with which the owner or operator of the offsite reloading or cleaning facility complies.

(b) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/or CC. (1) After the compliance dates specified in §63.2445, if a control device that you use to comply with this subpart is also subject to monitoring, recordkeeping, and reporting requirements in 40 CFR part 264, subpart AA, BB, or CC; or the monitoring and recordkeeping requirements in 40 CFR part 265, subpart AA, BB, or CC; and you comply with the periodic reporting requirements under 40 CFR part 264, subpart AA, BB, or CC that would apply to the device if your facility had final-permitted status, you may elect to comply either with the monitoring, recordkeeping, and reporting requirements of this subpart; or with the monitoring and recordkeeping requirements in 40 CFR part 264 or 265 and the reporting requirements in 40 CFR part 264, as described in this paragraph (b)(1), which constitute compliance with the monitoring, recordkeeping, and reporting requirements of this subpart. If you elect to comply with the monitoring, recordkeeping, and reporting requirements in 40 CFR parts 264 and/or 265, you must report the information described in §63.2520(e).

(2) After the compliance dates specified in §63.2445, if you have an affected source with equipment that is also subject to 40 CFR part 264, subpart BB, or to 40 CFR part 265, subpart BB, then compliance with the recordkeeping and reporting requirements of 40 CFR parts 264 and/or 265 may be used to comply with the recordkeeping and reporting requirements of this subpart, to the extent that the requirements of 40 CFR parts 264 and/or 265 duplicate the requirements of this subpart.

(c) Compliance with 40 CFR part 60, subpart Kb and 40 CFR part 61, subpart Y. After the compliance dates specified in §63.2445, you are in compliance with the provisions of this subpart FFFF for any storage tank that is assigned to an MCPU and that is both controlled with a floating roof and in compliance with the provisions of either 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y. You are in compliance with this subpart FFFF if you have a storage tank with a fixed roof, closed-vent system, and control device in compliance with the provisions of either 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, except that you must comply with the monitoring, recordkeeping, and reporting requirements in this subpart FFFF. Alternatively, if a storage tank assigned to an MCPU is subject to control under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may elect to comply only with the requirements for Group 1 storage tanks in this subpart FFFF.

(d) Compliance with subpart I, GGG, or MMM of this part 63. After the compliance dates specified in §63.2445, if you have an affected source with equipment subject to subpart I, GGG, or MMM of this part 63, you may elect to comply with the provisions of subpart H, GGG, or MMM of this part 63, respectively, for all such equipment.

(e) Compliance with subpart GGG of this part 63 for wastewater. After the compliance dates specified in §63.2445, if you have an affected source subject to this subpart and you have an affected source that generates wastewater streams that meet the applicability thresholds specified in §63.1256, you may elect to comply with the provisions of this subpart FFFF for all such wastewater streams.

(f) Compliance with subpart MMM of this part 63 for wastewater. After the compliance dates specified in §63.2445, if you have an affected source subject to this subpart, and you have an affected source that generates wastewater streams that meet the applicability thresholds specified in §63.1362(d), you may elect to comply with the provisions of this subpart FFFF for all such wastewater streams (except that the 99 percent reduction requirement for streams subject to §63.1362(d)(10) still applies).

(g) Compliance with other regulations for wastewater. After the compliance dates specified in §63.2445, if you have a Group 1 wastewater stream that is also subject to provisions in 40 CFR parts 260 through 272, you may elect to determine whether this subpart or 40 CFR parts 260 through 272 contain the more stringent control requirements (e.g., design, operation, and inspection requirements for waste management units; numerical treatment standards; etc.) and the more stringent testing, monitoring, recordkeeping, and reporting requirements. Compliance with provisions of 40 CFR parts 260 through 272 that are determined to be more stringent than the requirements of this subpart constitute compliance with this subpart. For example, provisions of 40 CFR parts 260 through 272 for treatment units that meet the conditions specified in §63.138(h) constitute compliance with this subpart. You must identify in the notification of compliance status report required by §63.2520(d) the information and procedures that you used to make any stringency determinations.

(h) Compliance with 40 CFR part 60, subpart DDD, III, NNN, or RRR. After the compliance dates specified in §63.2445, if you have an MCPU that contains equipment subject to the provisions of this subpart that are also subject to the provisions of 40 CFR part 60, subpart DDD, III, NNN, or RRR, you may elect to apply this subpart to all such equipment in the MCPU. If an MCPU subject to the provisions of this subpart has equipment to which this subpart does not apply but which is subject to a standard in 40 CFR part 60, subpart DDD, III, NNN, or RRR, you may elect to comply with the requirements for Group 1 process vents in this subpart for such equipment. If you elect any of these methods of compliance, you must consider all total organic compounds, minus methane and ethane, in such equipment for purposes of compliance with this subpart, as if they were organic HAP. Compliance with the provisions of this subpart, in the manner described in this paragraph (h), will constitute compliance with 40 CFR part 60, subpart DDD, III, NNN, or RRR, as applicable.

(i) Compliance with 40 CFR part 61, subpart BB. (1) After the compliance dates specified in §63.2445, a Group 1 transfer rack, as defined in §63.2550, that is also subject to the provisions of 40 CFR part 61, subpart BB, you are required to comply only with the provisions of this subpart.

(2) After the compliance dates specified in §63.2445, a Group 2 transfer rack, as defined in §63.2550, that is also subject to the provisions of 40 CFR part 61, subpart BB, is required to comply with the provisions of either paragraph (l)(2)(i) or (ii) of this section.

(i) If the transfer rack is subject to the control requirements specified in §61.302 of 40 CFR part 61, subpart BB, then you may elect to comply with either the requirements of 40 CFR part 61, subpart BB, or the requirements for Group 1 transfer racks under this subpart FFFF.

(ii) If the transfer rack is subject only to reporting and recordkeeping requirements under 40 CFR part 61, subpart BB, then you are required to comply only with the reporting and recordkeeping requirements specified in this subpart for Group 2 transfer racks, and you are exempt from the reporting and recordkeeping requirements in 40 CFR part 61, subpart BB.

(j) Compliance with 40 CFR part 61, subpart FF. After the compliance date specified in §63.2445, for a Group 1 or Group 2 wastewater stream that is also subject to the provisions of 40 CFR 61.342(c) through (h), and is not exempt under 40 CFR 61.342(c)(2) or (3), you may elect to comply only with the requirements for Group 1 wastewater streams in this subpart FFFF. If a Group 2 wastewater stream is exempted from 40 CFR 61.342(c)(1) under 40 CFR 61.342(c)(2) or (3), then you are required to comply only with the reporting and recordkeeping requirements specified in this subpart for Group 2 wastewater streams, and you are exempt from the requirements in 40 CFR part 61, subpart FF.

(k) Compliance with 40 CFR part 60, subpart VV, and 40 CFR part 61, subpart V. After the compliance date specified in §63.2445, if you have an affected source with equipment that is also subject to the requirements of 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, you may elect to apply this subpart to all such equipment. After the compliance date specified in §63.2445, if you have an affected source with equipment to which this subpart does not apply, but which is subject to the requirements of 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, you may elect to apply this subpart to all such equipment. If you elect either of these methods of compliance, you must consider all total organic compounds, minus methane and ethane, in such equipment for purposes of compliance with this subpart, as if they were organic HAP. Compliance with the provisions of this subpart, in the manner described in this paragraph (k), will constitute compliance with 40 CFR part 60, subpart VV and 40 CFR part 61, subpart V, as applicable.

(l) Applicability of process units included in a process unit group. You may elect to develop and comply with the requirements for PUG in accordance with paragraphs (l)(1) through (3) of this section.

(1) Procedures to create process unit groups. Develop and document changes in a PUG in accordance with the procedures specified in paragraphs (l)(1)(i) through (v) of this section.

(i) Initially, identify an MCPU that is created from nondedicated equipment that will operate on or after November 10, 2003 and identify all processing equipment that is part of this MCPU, based on descriptions in operating scenarios.

(ii) Add to the group any other nondedicated MCPU and other nondedicated process units expected to be operated in the 5 years after the date specified in paragraph (l)(1)(i) of this section, provided they satisfy the criteria specified in paragraphs (l)(1)(ii)(A) through (C) of this section. Also identify all of the processing equipment used for each process unit based on information from operating scenarios and other applicable documentation.

(A) Each process unit that is added to a group must have some processing equipment that is also part of one or more process units in the group.

(B) No process unit may be part of more than one PUG.

(C) The processing equipment used to satisfy the requirement of paragraph (l)(1)(ii)(A) of this section may not be a storage tank or control device.

(iii) The initial PUG consists of all of the processing equipment for the process units identified in paragraphs (l)(1)(i) and (ii) of this section. As an alternative to the procedures specified in paragraphs (l)(1)(i) and (ii) of this section, you may use a PUG that was developed in accordance with §63.1360(h) as your initial PUG.

(iv) Add process units developed in the future in accordance with the conditions specified in paragraphs (l)(1)(ii)(A) and (B) of this section.

(v) Maintain records that describe the process units in the initial PUG, the procedure used to create the PUG, and subsequent changes to each PUG as specified in §63.2525(i). Submit the records in reports as specified in §63.2520(d)(2)(ix) and (e)(8).

(2) Determine primary product. You must determine the primary product of each PUG created in paragraph (l)(1) of this section according to the procedures specified in paragraphs (l)(2)(i) through (iv) of this section.

(i) The primary product is the type of product (e.g., organic chemicals subject to §63.2435(b)(1), pharmaceutical products subject to §63.1250, or pesticide active ingredients subject to §63.1360) expected to be produced for the greatest operating time in the 5-year period specified in paragraph (l)(1)(ii) of this section.

(ii) If the PUG produces multiple types of products equally based on operating time, then the primary product is the type of product with the greatest production on a mass basis over the 5-year period specified in paragraph (l)(1)(ii) of this section.

(iii) At a minimum, you must redetermine the primary product of the PUG following the procedure specified in paragraphs (l)(2)(i) and (ii) of this section every 5 years.

(iv) You must record the calculation of the initial primary product determination as specified in §63.2525(i)(3) and report the results in the notification of compliance status report as specified in §63.2520(d)(8)(ix). You must record the calculation of each redetermination of the primary product as specified in §63.2525(i)(5) and report the calculation in a compliance report submitted no later than the report covering the period for the end of the 5th year after cessation of production of the previous primary product, as specified in §63.2520(e)(8).

(3) Compliance requirements. (i) If the primary product of the PUG is determined according to paragraph (l)(2) of this section to be material described in §63.2435(b)(1), then you must comply with this subpart for each MCPU in the PUG. You may also elect to comply with this subpart for all other process units in the PUG, which constitutes compliance with other part 63 rules.

(ii) If the primary product of the PUG is determined according to paragraph (l)(2) of this section to be material not described in §63.2435(b)(1), then you must comply with paragraph (l)(3)(ii)(A), (B), or (C) of this section, as applicable.

(A) If the primary product is subject to subpart GGG of this part 63, then comply with the requirements of subpart GGG for each MCPU in the PUG.

(B) If the primary product is subject to subpart MMM of this part 63, then comply with the requirements of subpart MMM for each MCPU in the PUG.

(C) If the primary product is subject to any subpart in this part 63 other than subpart GGG or subpart MMM, then comply with the requirements of this subpart for each MCPU in the PUG.

(iii) The requirements for new and reconstructed sources in the alternative subpart apply to all MCPU in the PUG if and only if the affected source under the alternative subpart meets the requirements for construction or reconstruction.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40337, July 14, 2006]

§63.2540   What parts of the General Provisions apply to me?

Table 12 to this subpart shows which parts of the General Provisions in §§63.1 through 63.15 apply to you.

§63.2545   Who implements and enforces this subpart?

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

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

(1) Approval of alternatives to the non-opacity emission limits and work practice standards in §63.2450(a) under §63.6(g).

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

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

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

§63.2550   What definitions apply to this subpart?

(a) For an affected source complying with the requirements in subpart SS of this part 63, the terms used in this subpart and in subpart SS of this part 63 have the meaning given them in §63.981, except as specified in §§63.2450(k)(2) and (m), 63.2470(c)(2), 63.2475(b), and paragraph (i) of this section.

(b) For an affected source complying with the requirements in 40 CFR part 65, subpart F, the terms used in this subpart and in 40 CFR part 65, subpart F have the meaning given to them in §65.2.

(c) For an affected source complying with the requirements in subpart UU of this part 63, the terms used in this subpart and in subpart UU of this part 63 have the meaning given them in §63.1020.

(d) For an affected source complying with the requirements in subpart WW of this part 63, the terms used in this subpart and subpart WW of this part 63 have the meaning given them in §63.1061, except as specified in §§63.2450(m), 63.2470(c)(2), and paragraph (i) of this section.

(e) For an affected source complying with the requirements in §§63.132 through 63.149, the terms used in this subpart and §§63.132 through 63.149 have the meaning given them in §§63.101 and 63.111, except as specified in §63.2450(m) and paragraph (i) of this section.

(f) For an affected source complying with the requirements in §§63.104 and 63.105, the terms used in this subpart and in §§63.104 and 63.105 of this subpart have the meaning given them in §63.101, except as specified in §§63.2450(m), 63.2490(b), and paragraph (i) of this section.

(g) For an affected source complying with requirements in §§63.1253, 63.1257, and 63.1258, the terms used in this subpart and in §§63.1253, 63.1257, and 63.1258 have the meaning given them in §63.1251, except as specified in §63.2450(m) and paragraph (i) of this section.

(h) For an affected source complying with the requirements in 40 CFR part 65, subpart F, the terms used in this subpart and in 40 CFR part 65, subpart F, have the meaning given them in 40 CFR 65.2.

(i) All other terms used in this subpart are defined in the Clean Air Act (CAA), in 40 CFR 63.2, and in this paragraph (i). If a term is defined in §63.2, §63.101, §63.111, §63.981, §63.1020, §63.1061, §63.1251, or §65.2 and in this paragraph (i), the definition in this paragraph (i) applies for the purposes of this subpart.

Ancillary activities means boilers and incinerators (not used to comply with the emission limits in Tables 1 through 7 to this subpart), chillers and refrigeration systems, and other equipment and activities that are not directly involved (i.e., they operate within a closed system and materials are not combined with process fluids) in the processing of raw materials or the manufacturing of a product or isolated intermediate.

Batch operation means a noncontinuous operation involving intermittent or discontinuous feed into equipment, and, in general, involves the emptying of the equipment after the operation ceases and prior to beginning a new operation. Addition of raw material and withdrawal of product do not occur simultaneously in a batch operation.

Batch process vent means a vent from a unit operation or vents from multiple unit operations within a process that are manifolded together into a common header, through which a HAP-containing gas stream is, or has the potential to be, released to the atmosphere. Examples of batch process vents include, but are not limited to, vents on condensers used for product recovery, reactors, filters, centrifuges, and process tanks. The following are not batch process vents for the purposes of this subpart:

(1) Continuous process vents;

(2) Bottoms receivers;

(3) Surge control vessels;

(4) Gaseous streams routed to a fuel gas system(s);

(5) Vents on storage tanks, wastewater emission sources, or pieces of equipment subject to the emission limits and work practice standards in Tables 4, 6, and 7 to this subpart;

(6) Drums, pails, and totes;

(7) Flexible elephant trunk systems that draw ambient air (i.e., the system is not ducted, piped, or otherwise connected to the unit operations) away from operators when vessels are opened; and

(8) Emission streams from emission episodes that are undiluted and uncontrolled containing less than 50 ppmv HAP are not part of any batch process vent. A vent from a unit operation, or a vent from multiple unit operations that are manifolded together, from which total uncontrolled HAP emissions are less than 200 lb/yr is not a batch process vent; emissions for all emission episodes associated with the unit operation(s) must be included in the determination of the total mass emitted. The HAP concentration or mass emission rate may be determined using any of the following: process knowledge that no HAP are present in the emission stream; an engineering assessment as discussed in §63.1257(d)(2)(ii), except that you do not need to demonstrate that the equations in §63.1257(d)(2)(i) do not apply, and the precompliance reporting requirements specified in §63.1257(d)(2)(ii)(E) do not apply for the purposes of this demonstration; equations specified in §63.1257(d)(2)(i), as applicable; test data using Method 18 of 40 CFR part 60, appendix A; or any other test method that has been validated according to the procedures in Method 301 of appendix A of this part.

Biofilter means an enclosed control system such as a tank or series of tanks with a fixed roof that contact emissions with a solid media (such as bark) and use microbiological activity to transform organic pollutants in a process vent stream to innocuous compounds such as carbon dioxide, water, and inorganic salts. Wastewater treatment processes such as aeration lagoons or activated sludge systems are not considered to be biofilters.

Bottoms receiver means a tank that collects bottoms from continuous distillation before the stream is sent for storage or for further downstream processing.

Construction means the onsite fabrication, erection, or installation of an affected source or MCPU. Addition of new equipment to an MCPU subject to existing source standards does not constitute construction, but it may constitute reconstruction of the affected source or MCPU if it satisfies the definition of reconstruction in §63.2.

Consumption means the quantity of all HAP raw materials entering a process in excess of the theoretical amount used as reactant, assuming 100 percent stoichiometric conversion. The raw materials include reactants, solvents, and any other additives. If a HAP is generated in the process as well as added as a raw material, consumption includes the quantity generated in the process.

Continuous operation means any operation that is not a batch operation.

Continuous process vent means the point of discharge to the atmosphere (or the point of entry into a control device, if any) of a gas stream if the gas stream has the characteristics specified in §63.107(b) through (h), or meets the criteria specified in §63.107(i), except:

(1) The reference in §63.107(e) to a chemical manufacturing process unit that meets the criteria of §63.100(b) means an MCPU that meets the criteria of §63.2435(b);

(2) The reference in §63.107(h)(4) to §63.113 means Table 1 to this subpart;

(3) The references in §63.107(h)(7) to §§63.119 and 63.126 mean tables 4 and 5 to this subpart; and

(4) For the purposes of §63.2455, all references to the characteristics of a process vent (e.g., flowrate, total HAP concentration, or TRE index value) mean the characteristics of the gas stream.

(5) The reference to “total organic HAP” in §63.107(d) means “total HAP” for the purposes of this subpart FFFF.

(6) The references to an “air oxidation reactor, distillation unit, or reactor” in §63.107 mean any continuous operation for the purposes of this subpart.

(7) A separate determination is required for the emissions from each MCPU, even if emission streams from two or more MCPU are combined prior to discharge to the atmosphere or to a control device.

Dedicated MCPU means an MCPU that consists of equipment that is used exclusively for one process, except that storage tanks assigned to the process according to the procedures in §63.2435(d) also may be shared by other processes.

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

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

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

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

Emission point means each continuous process vent, batch process vent, storage tank, transfer rack, and wastewater stream.

Energetics means propellants, explosives, and pyrotechnics and include materials listed at 49 CFR 172.101 as Hazard Class I Hazardous Materials, Divisions 1.1 through 1.6.

Equipment means each pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, connector, and instrumentation system in organic HAP service; and any control devices or systems used to comply with Table 6 to this subpart.

Excess emissions means emissions greater than those allowed by the emission limit.

Family of materials means a grouping of materials with the same basic composition or the same basic end use or functionality produced using the same basic feedstocks with essentially identical HAP emission profiles (primary constituent and relative magnitude on a pound per product basis) and manufacturing equipment configuration. Examples of families of materials include multiple grades of the same product or different variations of a product (e.g., blue, black, and red resins).

Group 1 batch process vent means each of the batch process vents in a process for which the collective uncontrolled organic HAP emissions from all of the batch process vents are greater than or equal to 10,000 lb/yr at an existing source or greater than or equal to 3,000 lb/yr at a new source.

Group 2 batch process vent means each batch process vent that does not meet the definition of Group 1 batch process vent.

Group 1 continuous process vent means a continuous process vent for which the flow rate is greater than or equal to 0.005 standard cubic meter per minute, and the total resource effectiveness index value, calculated according to §63.2455(b), is less than or equal to 1.9 at an existing source and less than or equal to 5.0 at a new source.

Group 2 continuous process vent means a continuous process vent that does not meet the definition of a Group 1 continuous process vent.

Group 1 storage tank means a storage tank with a capacity greater than or equal to 10,000 gal storing material that has a maximum true vapor pressure of total HAP greater than or equal to 6.9 kilopascals at an existing source or greater than or equal to 0.69 kilopascals at a new source.

Group 2 storage tank means a storage tank that does not meet the definition of a Group 1 storage tank.

Group 1 transfer rack means a transfer rack that loads more than 0.65 million liters/year of liquids that contain organic HAP with a rack-weighted average partial pressure, as defined in §63.111, greater than or equal to 1.5 pound per square inch absolute.

Group 2 transfer rack means a transfer rack that does not meet the definition of a Group 1 transfer rack.

Group 1 wastewater stream means a wastewater stream consisting of process wastewater at an existing or new source that meets the criteria for Group 1 status in §63.2485(c) for compounds in Tables 8 and 9 to this subpart and/or a wastewater stream consisting of process wastewater at a new source that meets the criteria for Group 1 status in §63.132(d) for compounds in Table 8 to subpart G of this part 63.

Group 2 wastewater stream means any process wastewater stream that does not meet the definition of a Group 1 wastewater stream.

Halogen atoms mean chlorine and fluorine.

Halogenated vent stream means a vent stream determined to have a mass emission rate of halogen atoms contained in organic compounds of 0.45 kilograms per hour or greater determined by the procedures presented in §63.115(d)(2)(v).

HAP metals means the metal portion of antimony compounds, arsenic compounds, beryllium compounds, cadmium compounds, chromium compounds, cobalt compounds, lead compounds, manganese compounds, mercury compounds, nickel compounds, and selenium compounds.

Hydrogen halide and halogen HAP means hydrogen chloride, hydrogen fluoride, and chlorine.

In organic HAP service means that a piece of equipment either contains or contacts a fluid (liquid or gas) that is at least 5 percent by weight of total organic HAP as determined according to the provisions of §63.180(d). The provisions of §63.180(d) also specify how to determine that a piece of equipment is not in organic HAP service.

Isolated intermediate means a product of a process that is stored before subsequent processing. An isolated intermediate is usually a product of a chemical synthesis, fermentation, or biological extraction process. Storage of an isolated intermediate marks the end of a process. Storage occurs at any time the intermediate is placed in equipment used solely for storage. The storage equipment is part of the MCPU that produces the isolated intermediate and is not assigned as specified in §63.2435(d).

Large control device means a control device that controls total HAP emissions of greater than or equal to 10 tpy, before control.

Maintenance wastewater means wastewater generated by the draining of process fluid from components in the MCPU into an individual drain system in preparation for or during maintenance activities. Maintenance wastewater can be generated during planned and unplanned shutdowns and during periods not associated with a shutdown. Examples of activities that can generate maintenance wastewater include descaling of heat exchanger tubing bundles, cleaning of distillation column traps, draining of pumps into an individual drain system, and draining of portions of the MCPU for repair. Wastewater from routine cleaning operations occurring as part of batch operations is not considered maintenance wastewater.

Maximum true vapor pressure has the meaning given in §63.111, except that it applies to all HAP rather than only organic HAP.

Miscellaneous organic chemical manufacturing process means all equipment which collectively function to produce a product or isolated intermediate that are materials described in §63.2435(b). For the purposes of this subpart, process includes any, all or a combination of reaction, recovery, separation, purification, or other activity, operation, manufacture, or treatment which are used to produce a product or isolated intermediate. A process is also defined by the following:

(1) Routine cleaning operations conducted as part of batch operations are considered part of the process;

(2) Each nondedicated solvent recovery operation is considered a single process;

(3) Each nondedicated formulation operation is considered a single process that is used to formulate numerous materials and/or products;

(4) Quality assurance/quality control laboratories are not considered part of any process; and

(5) Ancillary activities are not considered a process or part of any process.

(6) The end of a process that produces a solid material is either up to and including the dryer or extruder, or for a polymer production process without a dryer or extruder, it is up to and including the extruder, die plate, or solid-state reactor, except in two cases. If the dryer, extruder, die plate, or solid-state reactor is followed by an operation that is designed and operated to remove HAP solvent or residual HAP monomer from the solid, then the solvent removal operation is the last step in the process. If the dried solid is diluted or mixed with a HAP-based solvent, then the solvent removal operation is the last step in the process.

Nondedicated solvent recovery operation means a distillation unit or other purification equipment that receives used solvent from more than one MCPU.

Nonstandard batch means a batch process that is operated outside of the range of operating conditions that are documented in an existing operating scenario but is still a reasonably anticipated event. For example, a nonstandard batch occurs when additional processing or processing at different operating conditions must be conducted to produce a product that is normally produced under the conditions described by the standard batch. A nonstandard batch may be necessary as a result of a malfunction, but it is not itself a malfunction.

On-site or on site means, with respect to records required to be maintained by this subpart or required by another subpart referenced by this subpart, that records are stored at a location within a major source which encompasses the affected source. On-site includes, but is not limited to, storage at the affected source or MCPU to which the records pertain, or storage in central files elsewhere at the major source.

Operating scenario means, for the purposes of reporting and recordkeeping, any specific operation of an MCPU as described by records specified in §63.2525(b).

Organic group means structures that contain primarily carbon, hydrogen, and oxygen atoms.

Organic peroxides means organic compounds containing the bivalent -o-o-structure which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.

Point of determination means each point where process wastewater exits the MCPU or control device.

Note to definition for point of determination: The regulation allows determination of the characteristics of a wastewater stream: At the point of determination; or downstream of the point of determination if corrections are made for changes in flow rate and annual average concentration of soluble HAP and partially soluble HAP compounds as determined according to procedures in §63.144 of subpart G in this part 63. Such changes include losses by air emissions; reduction of annual average concentration or changes in flow rate by mixing with other water or wastewater streams; and reduction in flow rate or annual average concentration by treating or otherwise handling the wastewater stream to remove or destroy HAP.

Predominant HAP means as used in calibrating an analyzer, the single organic HAP that constitutes the largest percentage of the total organic HAP in the analyzed gas stream, by volume.

Process condenser means a condenser whose primary purpose is to recover material as an integral part of an MCPU. All condensers recovering condensate from an MCPU at or above the boiling point or all condensers in line prior to a vacuum source are considered process condensers. Typically, a primary condenser or condensers in series are considered to be integral to the MCPU if they are capable of and normally used for the purpose of recovering chemicals for fuel value (i.e., net positive heating value), use, reuse or for sale for fuel value, use, or reuse. This definition does not apply to a condenser that is used to remove materials that would hinder performance of a downstream recovery device as follows:

(1) To remove water vapor that would cause icing in a downstream condenser, or

(2) To remove water vapor that would negatively affect the adsorption capacity of carbon in a downstream carbon adsorber, or

(3) To remove high molecular weight organic compounds or other organic compounds that would be difficult to remove during regeneration of a downstream carbon adsorber.

Process tank means a tank or vessel that is used within a process to collect material discharged from a feedstock storage tank or equipment within the process before the material is transferred to other equipment within the process or a product storage tank. A process tank has emissions that are related to the characteristics of the batch cycle, and it does not accumulate product over multiple batches. Surge control vessels and bottoms receivers are not process tanks.

Production-indexed HAP consumption factor (HAP factor) means the result of dividing the annual consumption of total HAP by the annual production rate, per process.

Production-indexed VOC consumption factor (VOC factor) means the result of dividing the annual consumption of total VOC by the annual production rate, per process.

Quaternary ammonium compounds means a type of organic nitrogen compound in which the molecular structure includes a central nitrogen atom joined to four organic groups as well as an acid radical of some sort.

Recovery device means an individual unit of equipment used for the purpose of recovering chemicals from process vent streams and from wastewater streams for fuel value (i.e., net positive heating value), use, reuse, or for sale for fuel value, use, or reuse. For the purposes of meeting requirements in table 2 to this subpart, the recovery device must not be a process condenser and must recover chemicals to be reused in a process on site. Examples of equipment that may be recovery devices include absorbers, carbon adsorbers, condensers, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units. To be a recovery device for a wastewater stream, a decanter and any other equipment based on the operating principle of gravity separation must receive only multi-phase liquid streams.

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

Safety device means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purposes of this subpart, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the owner or operator based on manufacturer recommendations, applicable regulations, fire protection and prevention codes and practices, or other requirements for the safe handling of flammable, combustible, explosive, reactive, or hazardous materials.

Shutdown means the cessation of operation of a continuous operation for any purpose. Shutdown also means the cessation of a batch operation, or any related individual piece of equipment required or used to comply with this subpart, if the steps taken to cease operation differ from those described in a standard batch or nonstandard batch. Shutdown also applies to emptying and degassing storage vessels. Shutdown does not apply to cessation of batch operations at the end of a campaign or between batches within a campaign when the steps taken are routine operations.

Small control device means a control device that controls total HAP emissions of less than 10 tpy, before control.

Standard batch means a batch process operated within a range of operating conditions that are documented in an operating scenario. Emissions from a standard batch are based on the operating conditions that result in highest emissions. The standard batch defines the uncontrolled and controlled emissions for each emission episode defined under the operating scenario.

Startup means the setting in operation of a continuous operation for any purpose; the first time a new or reconstructed batch operation begins production; for new equipment added, including equipment required or used to comply with this subpart, the first time the equipment is put into operation; or for the introduction of a new product/process, the first time the product or process is run in equipment. For batch operations, startup applies to the first time the equipment is put into operation at the start of a campaign to produce a product that has been produced in the past if the steps taken to begin production differ from those specified in a standard batch or nonstandard batch. Startup does not apply when the equipment is put into operation as part of a batch within a campaign when the steps taken are routine operations.

Storage tank means a tank or other vessel that is used to store liquids that contain organic HAP and/or hydrogen halide and halogen HAP and that has been assigned to an MCPU according to the procedures in §63.2435(d). The following are not considered storage tanks for the purposes of this subpart:

(1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships;

(2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere;

(3) Vessels storing organic liquids that contain HAP only as impurities;

(4) Wastewater storage tanks;

(5) Bottoms receivers;

(6) Surge control vessels; and

(7) Process tanks.

Supplemental gases means the air that is added to a vent stream after the vent stream leaves the unit operation. Air that is part of the vent stream as a result of the nature of the unit operation is not considered supplemental gases. Air required to operate combustion device burner(s) is not considered supplemental gases.

Surge control vessel means feed drums, recycle drums, and intermediate vessels as part of any continuous operation. Surge control vessels are used within an MCPU when in-process storage, mixing, or management of flowrates or volumes is needed to introduce material into continuous operations.

Total organic compounds or (TOC) means the total gaseous organic compounds (minus methane and ethane) in a vent stream.

Transfer rack means the collection of loading arms and loading hoses, at a single loading rack, that are assigned to an MCPU according to the procedures specified in §63.2435(d) and are used to fill tank trucks and/or rail cars with organic liquids that contain one or more of the organic HAP listed in section 112(b) of the CAA of this subpart. Transfer rack includes the associated pumps, meters, shutoff valves, relief valves, and other piping and valves.

Unit operation means those processing steps that occur within distinct equipment that are used, among other things, to prepare reactants, facilitate reactions, separate and purify products, and recycle materials. Equipment used for these purposes includes, but is not limited to, reactors, distillation columns, extraction columns, absorbers, decanters, dryers, condensers, and filtration equipment.

Waste management unit means the equipment, structure(s), and/or device(s) used to convey, store, treat, or dispose of wastewater streams or residuals. Examples of waste management units include wastewater tanks, air flotation units, surface impoundments, containers, oil-water or organic-water separators, individual drain systems, biological wastewater treatment units, waste incinerators, and organic removal devices such as steam and air stripper units, and thin film evaporation units. If such equipment is being operated as a recovery device, then it is part of a miscellaneous organic chemical manufacturing process and is not a waste management unit.

Wastewater means water that is discarded from an MCPU or control device through a POD and that contains either: an annual average concentration of compounds in tables 8 and 9 to this subpart of at least 5 ppmw and has an annual average flowrate of 0.02 liters per minute or greater; or an annual average concentration of compounds in tables 8 and 9 to this subpart of at least 10,000 ppmw at any flowrate. Wastewater means process wastewater or maintenance wastewater. The following are not considered wastewater for the purposes of this subpart:

(1) Stormwater from segregated sewers;

(2) Water from fire-fighting and deluge systems, including testing of such systems;

(3) Spills;

(4) Water from safety showers;

(5) Samples of a size not greater than reasonably necessary for the method of analysis that is used;

(6) Equipment leaks;

(7) Wastewater drips from procedures such as disconnecting hoses after cleaning lines; and

(8) Noncontact cooling water.

Wastewater stream means a stream that contains only wastewater as defined in this paragraph (i).

Work practice standard means any design, equipment, work practice, or operational standard, or combination thereof, that is promulgated pursuant to section 112(h) of the CAA.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 FR 40338, July 14, 2006]

Table 1 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Continuous Process Vents

As required in §63.2455, you must meet each emission limit and work practice standard in the following table that applies to your continuous process vents:

For each .  .  . For which .  .  . Then you must .  .  .
1. Group 1 continuous process venta. Not applicablei. Reduce emissions of total organic HAP by ≥98 percent by weight or to an outlet process concentration ≤20 ppmv as organic HAP or TOC by venting emissions through a closed-vent system to any combination of control devices (except a flare); or
   ii. Reduce emissions of total organic HAP by venting emissions through a closed vent system to a flare; or
   iii. Use a recovery device to maintain the TRE above 1.9 for an existing source or above 5.0 for a new source.
2. Halogenated Group 1 continuous process vent streama. You use a combustion control device to control organic HAP emissionsi. Use a halogen reduction device after the combustion device to reduce emissions of hydrogen halide and halogen HAP by ≥99 percent by weight, or to ≤0.45 kg/hr, or to ≤20 ppmv; or
ii. Use a halogen reduction device before the combustion device to reduce the halogen atom mass emission rate to ≤0.45 kg/hr or to a concentration ≤20 ppmv.
3. Group 2 continuous process vent at an existing sourceYou use a recovery device to maintain the TRE level >1.9 but ≤5.0Comply with the requirements in §63.993 and the requirements referenced therein.
4. Group 2 continuous process vent at a new sourceYou use a recovery device to maintain the TRE level >5.0 but ≤8.0Comply with the requirements in §63.993 and the requirements referenced therein.

Table 2 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Batch Process Vents

As required in §63.2460, you must meet each emission limit and work practice standard in the following table that applies to your batch process vents:

For each .  .  . Then you must .  .  . And you must .  .  .
1. Process with Group 1 batch process ventsa. Reduce collective uncontrolled organic HAP emissions from the sum of all batch process vents within the process by ≥98 percent by weight by venting emissions from a sufficient number of the vents through one or more closed-vent systems to any combination of control devices (except a flare); orNot applicable.
   b. Reduce collective uncontrolled organic HAP emissions from the sum of all batch process vents within the process by ≥95 percent by weight by venting emissions from a sufficient number of the vents through one or more closed-vent systems to any combination of recovery devices or a biofilter, except you may elect to comply with the requirements of subpart WW of this part for any process tank; orNot applicable.
   c. Reduce uncontrolled organic HAP emissions from one or more batch process vents within the process by venting through a closed-vent system to a flare or by venting through one or more closed-vent systems to any combination of control devices (excluding a flare) that reduce organic HAP to an outlet concentration ≤20 ppmv as TOC or total organic HAP.For all other batch process vents within the process, reduce collective organic HAP emissions as specified in item 1.a and/or item 1.b of this table.
2. Halogenated Group 1 batch process vent for which you use a combustion device to control organic HAP emissionsa. Use a halogen reduction device after the combustion control device; ori. Reduce overall emissions of hydrogen halide and halogen HAP by ≥99 percent; or
ii. Reduce overall emissions of hydrogen halide and halogen HAP to ≤0.45 kg/hr; or
iii. Reduce overall emissions of hydrogen halide and halogen HAP to a concentration ≤20 ppmv.
   b. Use a halogen reduction device before the combustion control deviceReduce the halogen atom mass emission rate to ≤0.45 kg/hr or to a concentration ≤20 ppmv.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40339, July 14, 2006]

Table 3 to Subpart FFFF of Part 63—Emission Limits for Hydrogen Halide and Halogen HAP Emissions or HAP Metals Emissions From Process Vents

As required in §63.2465, you must meet each emission limit in the following table that applies to your process vents that contain hydrogen halide and halogen HAP emissions or PM HAP emissions:

For each  .  .  . You must  .  .  .
1. Process with uncontrolled hydrogen halide and halogen HAP emissions from process vents ≥1,000 lb/yra. Reduce collective hydrogen halide and halogen HAP emissions by ≥99 percent by weight or to an outlet concentration ≤20 ppmv by venting through one or more closed-vent systems to any combination of control devices, or
   b. Reduce the halogen atom mass emission rate from the sum of all batch process vents and each individual continuous process vent to ≤0.45 kg/hr by venting through one or more closed-vent systems to a halogen reduction device.
2. Process at a new source with uncontrolled emissions from process vents ≥150 lb/yr of HAP metalsReduce overall emissions of HAP metals by ≥97 percent by weight.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40340, July 14, 2006]

Table 4 to Subpart FFFF of Part 63—Emission Limits for Storage Tanks

As required in §63.2470, you must meet each emission limit in the following table that applies to your storage tanks:

For each  .  .  . For which  .  .  . Then you must  .  .  .
1. Group 1 storage tanka. The maximum true vapor pressure of total HAP at the storage temperature is ≥76.6 kilopascalsi. Reduce total HAP emissions by ≥95 percent by weight or to ≤20 ppmv of TOC or organic HAP and ≤20 ppmv of hydrogen halide and halogen HAP by venting emissions through a closed vent system to any combination of control devices (excluding a flare); or
   ii. Reduce total organic HAP emissions by venting emissions through a closed vent system to a flare; or
   iii. Reduce total HAP emissions by venting emissions to a fuel gas system or process in accordance with §63.982(d) and the requirements referenced therein.
   b. The maximum true vapor pressure of total HAP at the storage temperature is <76.6 kilopascalsi. Comply with the requirements of subpart WW of this part, except as specified in §63.2470; or
   ii. Reduce total HAP emissions by ≥95 percent by weight or to ≤20 ppmv of TOC or organic HAP and ≤20 ppmv of hydrogen halide and halogen HAP by venting emissions through a closed vent system to any combination of control devices (excluding a flare); or
   iii. Reduce total organic HAP emissions by venting emissions through a closed vent system to a flare; or
   iv. Reduce total HAP emissions by venting emissions to a fuel gas system or process in accordance with §63.982(d) and the requirements referenced therein.
2. Halogenated vent stream from a Group 1 storage tankYou use a combustion control device to control organic HAP emissionsMeet one of the emission limit options specified in Item 2.a.i or ii. in Table 1 to this subpart.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40340, July 14, 2006]

Table 5 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Transfer Racks

As required in §63.2475, you must meet each emission limit and work practice standard in the following table that applies to your transfer racks:

For each  .  .  . You must  .  .  .
1. Group 1 transfer racka. Reduce emissions of total organic HAP by ≥98 percent by weight or to an outlet concentration ≤20 ppmv as organic HAP or TOC by venting emissions through a closed-vent system to any combination of control devices (except a flare); or
   b. Reduce emissions of total organic HAP by venting emissions through a closed-vent system to a flare; or
   c. Reduce emissions of total organic HAP by venting emissions to a fuel gas system or process in accordance with §63.982(d) and the requirements referenced therein; or
   d. Use a vapor balancing system designed and operated to collect organic HAP vapors displaced from tank trucks and railcars during loading and route the collected HAP vapors to the storage tank from which the liquid being loaded originated or to another storage tank connected by a common header.
2. Halogenated Group 1 transfer rack vent stream for which you use a combustion device to control organic HAP emissionsa. Use a halogen reduction device after the combustion device to reduce emissions of hydrogen halide and halogen HAP by ≥99 percent by weight, to ≤0.45 kg/hr, or to ≤20 ppmv; or
b. Use a halogen reduction device before the combustion device to reduce the halogen atom mass emission rate to ≤0.45 kg/hr or to a concentration ≤20 ppmv.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40341, July 14, 2006]

Table 6 to Subpart FFFF of Part 63—Requirements for Equipment Leaks

As required in §63.2480, you must meet each requirement in the following table that applies to your equipment leaks:

For all  .  .  . And that is part of  .  .  . You must  .  .  .
1. Equipment that is in organic HAP servicea. Comply with the requirements of subpart UU of this part 63 and the requirements referenced therein, except as specified in §63.2480(b) and (d); or
   b. Comply with the requirements of subpart H of this part 63 and the requirements referenced therein, except as specified in §63.2480(b) and (d); or
   c. Comply with the requirements of 40 CFR part 65, subpart F and the requirements referenced therein, except as specified in §63.2480(c) and (d).
2. Equipment that is in organic HAP service at a new sourcea. Any MCPUi. Comply with the requirements of subpart UU of this part 63 and the requirements referenced therein; or
ii. Comply with the requirements of 40 CFR part 65, subpart F.

[68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40341, July 14, 2006]

Table 7 to Subpart FFFF of Part 63—Requirements for Wastewater Streams and Liquid Streams in Open Systems Within an MCPU

As required in §63.2485, you must meet each requirement in the following table that applies to your wastewater streams and liquid streams in open systems within an MCPU:

For each  .  .  . You must  .  .  .
1. Process wastewater streamComply with the requirements in §§63.132 through 63.148 and the requirements referenced therein, except as specified in §63.2485.
2. Maintenance wastewater streamComply with the requirements in §63.105 and the requirements referenced therein, except as specified in §63.2485.
3. Liquid streams in an open system within an MCPUComply with the requirements in §63.149 and the requirements referenced therein, except as specified in §63.2485.

Table 8 to Subpart FFFF of Part 63—Partially Soluble Hazardous Air Pollutants

As specified in §63.2485, the partially soluble HAP in wastewater that are subject to management and treatment requirements in this subpart FFFF are listed in the following table:

Chemical name  .  .  . CAS No.
1. 1,1,1-Trichloroethane (methyl chloroform)71556
2. 1,1,2,2-Tetrachloroethane79345
3. 1,1,2-Trichloroethane79005
4. 1,1-Dichloroethylene (vinylidene chloride)75354
5. 1,2-Dibromoethane106934
6. 1,2-Dichloroethane (ethylene dichloride)107062
7. 1,2-Dichloropropane78875
8. 1,3-Dichloropropene542756
9. 2,4,5-Trichlorophenol95954
10. 1,4-Dichlorobenzene106467
11. 2-Nitropropane79469
12. 4-Methyl-2-pentanone (MIBK)108101
13. Acetaldehyde75070
14. Acrolein107028
15. Acrylonitrile107131
16. Allyl chloride107051
17. Benzene71432
18. Benzyl chloride100447
19. Biphenyl92524
20. Bromoform (tribromomethane)75252
21. Bromomethane74839
22. Butadiene106990
23. Carbon disulfide75150
24. Chlorobenzene108907
25. Chloroethane (ethyl chloride)75003
26. Chloroform67663
27. Chloromethane74873
28. Chloroprene126998
29. Cumene98828
30. Dichloroethyl ether111444
31. Dinitrophenol51285
32. Epichlorohydrin106898
33. Ethyl acrylate140885
34. Ethylbenzene100414
35. Ethylene oxide75218
36. Ethylidene dichloride75343
37. Hexachlorobenzene118741
38. Hexachlorobutadiene87683
39. Hexachloroethane67721
40. Methyl methacrylate80626
41. Methyl-t-butyl ether1634044
42. Methylene chloride75092
43. N-hexane110543
44. N,N-dimethylaniline121697
45. Naphthalene91203
46. Phosgene75445
47. Propionaldehyde123386
48. Propylene oxide75569
49. Styrene100425
50. Tetrachloroethylene (perchloroethylene)127184
51. Tetrachloromethane (carbon tetrachloride)56235
52. Toluene108883
53. Trichlorobenzene (1,2,4-)120821
54. Trichloroethylene79016
55. Trimethylpentane540841
56. Vinyl acetate108054
57. Vinyl chloride75014
58. Xylene (m)108383
59. Xylene (o)95476
60. Xylene (p)106423

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 FR 40341, July 14, 2006]

Table 9 to Subpart FFFF of Part 63—Soluble Hazardous Air Pollutants

As specified in §63.2485, the soluble HAP in wastewater that are subject to management and treatment requirements of this subpart FFFF are listed in the following table:

Chemical name  .  .  . CAS No.
1. Acetonitrile75058
2. Acetophenone98862
3. Diethyl sulfate64675
4. Dimethyl hydrazine (1,1)57147
5. Dimethyl sulfate77781
6. Dinitrotoluene (2,4)121142
7. Dioxane (1,4)123911
8. Ethylene glycol dimethyl ether110714
9. Ethylene glycol monobutyl ether acetate112072
10. Ethylene glycol monomethyl ether acetate110496
11. Isophorone78591
12. Methanol67561
13. Nitrobenzene98953
14. Toluidine (o-)95534
15. Triethylamine121448

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38561, July 1, 2005]

Table 10 to Subpart FFFF of Part 63—Work Practice Standards for Heat Exchange Systems

As required in §63.2490, you must meet each requirement in the following table that applies to your heat exchange systems:

For each  .  .  . You must  .  .  .
Heat exchange system, as defined in §63.101Comply with the requirements of §63.104 and the requirements referenced therein, except as specified in §63.2490.

Table 11 to Subpart FFFF of Part 63—Requirements for Reports

As required in §63.2520(a) and (b), you must submit each report that applies to you on the schedule shown in the following table:

You must submit a(n) The report must contain  .  .  . You must submit the report  .  .  .
1. Precompliance reportThe information specified in §63.2520(c)At least 6 months prior to the compliance date; or for new sources, with the application for approval of construction or reconstruction.
2. Notification of compliance status reportThe information specified in §63.2520(d)No later than 150 days after the compliance date specified in §63.2445.
3. Compliance reportThe information specified in §63.2520(e)Semiannually according to the requirements in §63.2520(b).

Table 12 to Subpart FFFF of Part 63—Applicability of General Provisions to Subpart FFFF

As specified in §63.2540, the parts of the General Provisions that apply to you are shown in the following table:

Citation Subject Explanation
§63.1ApplicabilityYes.
§63.2DefinitionsYes.
§63.3Units and AbbreviationsYes.
§63.4Prohibited ActivitiesYes.
§63.5Construction/ReconstructionYes.
§63.6(a)ApplicabilityYes.
§63.6(b)(1)-(4)Compliance Dates for New and Reconstructed sourcesYes.
§63.6(b)(5)NotificationYes.
§63.6(b)(6)[Reserved]
§63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorYes.
§63.6(c)(1)-(2)Compliance Dates for Existing SourcesYes.
§63.6(c)(3)-(4)[Reserved]
§63.6(c)(5)Compliance Dates for Existing Area Sources That Become MajorYes
§63.6(d)[Reserved]
§63.6(e)(1)-(2)Operation & MaintenanceYes.
§63.6(e)(3)(i), (ii), and (v) through (viii)Startup, Shutdown, Malfunction Plan (SSMP)Yes, except information regarding Group 2 emission points and equipment leaks is not required in the SSMP, as specified in §63.2525(j).
§63.6(e)(3)(iii) and (iv)Recordkeeping and Reporting During SSMNo, §63.998(d)(3) and 63.998(c)(1)(ii)(D) through (G) specify the recordkeeping requirement for SSM events, and §63.2520(e)(4) specifies reporting requirements.
§63.6(e)(3)(ix)SSMP incorporation into title V permitYes.
§63.6(f)(1)Compliance Except During SSMYes.
§63.6(f)(2)-(3)Methods for Determining ComplianceYes.
§63.6(g)(1)-(3)Alternative StandardYes.
§63.6(h)Opacity/Visible Emission (VE) StandardsOnly for flares for which Method 22 observations are required as part of a flare compliance assessment.
§63.6(i)(1)-(14)Compliance ExtensionYes.
§63.6(j)Presidential Compliance ExemptionYes.
§63.7(a)(1)-(2)Performance Test DatesYes, except substitute 150 days for 180 days.
§63.7(a)(3)Section 114 AuthorityYes, and this paragraph also applies to flare compliance assessments as specified under §63.997(b)(2).
§63.7(b)(1)Notification of Performance TestYes.
§63.7(b)(2)Notification of ReschedulingYes.
§63.7(c)Quality Assurance/Test PlanYes, except the test plan must be submitted with the notification of the performance test if the control device controls batch process vents.
§63.7(d)Testing FacilitiesYes.
§63.7(e)(1)Conditions for Conducting Performance TestsYes, except that performance tests for batch process vents must be conducted under worst-case conditions as specified in §63.2460.
§63.7(e)(2)Conditions for Conducting Performance TestsYes.
§63.7(e)(3)Test Run DurationYes.
§63.7(f)Alternative Test MethodYes.
§63.7(g)Performance Test Data AnalysisYes.
§63.7(h)Waiver of TestsYes.
§63.8(a)(1)Applicability of Monitoring RequirementsYes.
§63.8(a)(2)Performance SpecificationsYes.
§63.8(a)(3)[Reserved]
§63.8(a)(4)Monitoring with FlaresYes.
§63.8(b)(1)MonitoringYes.
§63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsYes.
§63.8(c)(1)Monitoring System Operation and MaintenanceYes.
§63.8(c)(1)(i)Routine and Predictable SSMYes.
§63.8(c)(1)(ii)SSM not in SSMPYes.
§63.8(c)(1)(iii)Compliance with Operation and Maintenance RequirementsYes.
§63.8(c)(2)-(3)Monitoring System InstallationYes.
§63.8(c)(4)CMS RequirementsOnly for CEMS. Requirements for CPMS are specified in referenced subparts G and SS of part 63. Requirements for COMS do not apply because subpart FFFF does not require continuous opacity monitoring systems (COMS).
§63.8(c)(4)(i)COMS Measurement and Recording FrequencyNo; subpart FFFF does not require COMS.
§63.8(c)(4)(ii)CEMS Measurement and Recording FrequencyYes.
§63.8(c)(5)COMS Minimum ProceduresNo. Subpart FFFF does not contain opacity or VE limits.
§63.8(c)(6)CMS RequirementsOnly for CEMS; requirements for CPMS are specified in referenced subparts G and SS of this part 63. Requirements for COMS do not apply because subpart FFFF does not require COMS.
§63.8(c)(7)-(8)CMS RequirementsOnly for CEMS. Requirements for CPMS are specified in referenced subparts G and SS of part 63. Requirements for COMS do not apply because subpart FFFF does not require COMS.
§63.8(d)CMS Quality ControlOnly for CEMS.
§63.8(e)CMS Performance EvaluationOnly for CEMS. Section 63.8(e)(5)(ii) does not apply because subpart FFFF does not require COMS.
§63.8(f)(1)-(5)Alternative Monitoring MethodYes, except you may also request approval using the precompliance report.
§63.8(f)(6)Alternative to Relative Accuracy TestOnly applicable when using CEMS to demonstrate compliance, including the alternative standard in §63.2505.
§63.8(g)(1)-(4)Data ReductionOnly when using CEMS, including for the alternative standard in §63.2505, except that the requirements for COMS do not apply because subpart FFFF has no opacity or VE limits, and §63.8(g)(2) does not apply because data reduction requirements for CEMS are specified in §63.2450(j).
§63.8(g)(5)Data ReductionNo. Requirements for CEMS are specified in §63.2450(j). Requirements for CPMS are specified in referenced subparts G and SS of this part 63.
§63.9(a)Notification RequirementsYes.
§63.9(b)(1)-(5)Initial NotificationsYes.
§63.9(c)Request for Compliance ExtensionYes.
§63.9(d)Notification of Special Compliance Requirements for New SourceYes.
§63.9(e)Notification of Performance TestYes.
§63.9(f)Notification of VE/Opacity TestNo. Subpart FFFF does not contain opacity or VE limits.
§63.9(g)Additional Notifications When Using CMSOnly for CEMS. Section 63.9(g)(2) does not apply because subpart FFFF does not require COMS.
63.9(h)(1)-(6)Notification of Compliance StatusYes, except subpart FFFF has no opacity or VE limits, and 63.9(h)(2)(i)(A) through (G) and (ii) do not apply because 63.2520(d) specifies the required contents and due date of the notification of compliance status report.
§63.9(i)Adjustment of Submittal DeadlinesYes.
§63.9(j)Change in Previous InformationNo, §63.2520(e) specifies reporting requirements for process changes.
§63.10(a)Recordkeeping/ReportingYes.
§63.10(b)(1)Recordkeeping/ReportingYes.
§63.10(b)(2)(i)-(ii), (iv), (v)Records related to SSMNo, §§63.998(d)(3) and 63.998(c)(1)(ii)(D) through (G) specify recordkeeping requirements for periods of SSM.
§63.10(b)(2)(iii)Records related to maintenance of air pollution control equipmentYes.
§63.10(b)(2)(vi), (x), and (xi)CMS RecordsOnly for CEMS; requirements for CPMS are specified in referenced subparts G and SS of this part 63.
§63.10(b)(2)(vii)-(ix)RecordsYes.
§63.10(b)(2)(xii)RecordsYes.
§63.10(b)(2)(xiii)RecordsOnly for CEMS.
§63.10(b)(2)(xiv)RecordsYes.
§63.10(b)(3)RecordsYes.
§63.10(c)(1)-(6),(9)-(15)RecordsOnly for CEMS. Recordkeeping requirements for CPMS are specified in referenced subparts G and SS of this part 63.
§63.10(c)(7)-(8)RecordsNo. Recordkeeping requirements are specified in §63.2525.
§63.10(d)(1)General Reporting RequirementsYes.
§63.10(d)(2)Report of Performance Test ResultsYes.
§63.10(d)(3)Reporting Opacity or VE ObservationsNo. Subpart FFFF does not contain opacity or VE limits.
§63.10(d)(4)Progress ReportsYes.
§63.10(d)(5)(i)Periodic Startup, Shutdown, and Malfunction ReportsNo, §63.2520(e)(4) and (5) specify the SSM reporting requirements.
§63.10(d)(5)(ii)Immediate SSM ReportsNo.
§63.10(e)(1)Additional CEMS ReportsYes.
§63.10(e)(2)(i)Additional CMS ReportsOnly for CEMS.
§63.10(e)(2)(ii)Additional COMS ReportsNo. Subpart FFFF does not require COMS.
§63.10(e)(3)ReportsNo. Reporting requirements are specified in §63.2520.
§63.10(e)(3)(i)-(iii)ReportsNo. Reporting requirements are specified in §63.2520.
§63.10(e)(3)(iv)-(v)Excess Emissions ReportsNo. Reporting requirements are specified in §63.2520.
§63.10(e)(3)(iv)-(v)Excess Emissions ReportsNo. Reporting requirements are specified in §63.2520.
§63.10(e)(3)(vi)-(viii)Excess Emissions Report and Summary ReportNo. Reporting requirements are specified in §63.2520.
§63.10(e)(4)Reporting COMS dataNo. Subpart FFFF does not contain opacity or VE limits.
§63.10(f)Waiver for Recordkeeping/ReportingYes.
§63.11Control device requirements for flares and work practice requirements for equipment leaksYes.
§63.12DelegationYes.
§63.13AddressesYes.
§63.14Incorporation by ReferenceYes.
§63.15Availability of InformationYes.

[68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38561, July 1, 2005; 71 FR 20463, Apr. 20, 2006; 71 FR 40341, July 14, 2006; 73 FR 72816, Dec. 22, 2008]



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