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Electronic Code of Federal Regulations

e-CFR Data is current as of September 29, 2014

Title 40Chapter ISubchapter CPart 63 → Subpart LLLLL


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


Subpart LLLLL—National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing


Contents

What This Subpart Covers

§63.8680   What is the purpose of this subpart?
§63.8681   Am I subject to this subpart?
§63.8682   What parts of my plant does this subpart cover?
§63.8683   When must I comply with this subpart?

Emission Limitations

§63.8684   What emission limitations must I meet?

General Compliance Requirements

§63.8685   What are my general requirements for complying with this subpart?

Testing and Initial Compliance Requirements

§63.8686   By what date must I conduct performance tests or other initial compliance demonstrations?
§63.8687   What performance tests, design evaluations, and other procedures must I use?
§63.8688   What are my monitoring installation, operation, and maintenance requirements?
§63.8689   How do I demonstrate initial compliance with the emission limitations?

Continuous Compliance Requirements

§63.8690   How do I monitor and collect data to demonstrate continuous compliance?
§63.8691   How do I demonstrate continuous compliance with the operating limits?

Notifications, Reports, and Records

§63.8692   What notifications must I submit and when?
§63.8693   What reports must I submit and when?
§63.8694   What records must I keep?
§63.8695   In what form and how long must I keep my records?

Other Requirements and Information

§63.8696   What parts of the General Provisions apply to me?
§63.8697   Who implements and enforces this subpart?
§63.8698   What definitions apply to this subpart?
Table 1 to Subpart LLLLL of Part 63—Emission Limitations
Table 2 to Subpart LLLLL of Part 63—Operating Limits
Table 3 to Subpart LLLLL of Part 63—Requirements for Performance Tests
Table 4 to Subpart LLLLL of Part 63—Initial Compliance With Emission Limitations
Table 5 to Subpart LLLLL of Part 63—Continuous Compliance With Operating Limits
Table 6 to Subpart LLLLL of Part 63—Requirements for Reports
Table 7 to Subpart LLLLL of Part 63—Applicability of General Provisions to Subpart LLLLL

Source: 68 FR 24577, May 7, 2003, unless otherwise noted.

What This Subpart Covers

§63.8680   What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for existing and new asphalt processing and asphalt roofing manufacturing facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations.

§63.8681   Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate an asphalt processing facility or an asphalt roofing manufacturing facility, as defined in §63.8698, that is a major source of hazardous air pollutants (HAP) emissions, or is located at, or is part of a major source of HAP emissions.

(b) After the applicable compliance date specified in §63.8683, blowing stills, asphalt storage tanks, saturators, wet loopers, and coaters subject to the provisions of this subpart that are also subject to 40 CFR part 60, subpart UU, are required to comply only with provisions of this subpart.

(c) This subpart does not apply to any equipment that is subject to subpart CC of this part or to subpart K, Ka, or Kb of 40 CFR part 60.

(d) This subpart does not apply to asphalt processing and asphalt roofing manufacturing equipment used for research and development, as defined in §63.8698.

(e) The provisions of subpart J of 40 CFR part 60 do not apply to emissions from asphalt processing facilities subject to this subpart.

(f) A major source of HAP emissions is any stationary source or group of stationary sources within a contiguous area under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005]

§63.8682   What parts of my plant does this subpart cover?

(a) This subpart applies to each new, reconstructed, or existing affected source at asphalt processing and asphalt roofing manufacturing facilities.

(b) The affected source is:

(1) Each asphalt processing facility as defined in §63.8698; or

(2) Each asphalt roofing manufacturing line as defined in §63.8698.

(i) If the asphalt roofing manufacturing line is collocated with an asphalt processing facility, the storage tanks that store asphalt flux intended for oxidation in the blowing stills and those tanks that receive asphalt directly from the on-site blowing stills are part of the asphalt processing facility. The remaining asphalt storage tanks are considered to be part of the asphalt roofing facility.

(ii) If an asphalt storage tank is shared by two or more lines at an asphalt roofing manufacturing facility, the shared storage tank is considered part of the line to which the tank supplies the greatest amount of asphalt, on an annual basis.

(iii) If a sealant or adhesive applicator is shared by two or more asphalt roofing manufacturing lines, the shared applicator is considered part of the line that provides the greatest throughput to the applicator, on an annual basis.

(c) An affected source is a new affected source if you commenced construction of the affected source after November 21, 2001, and you met the applicability criteria at the time you commenced construction.

(d) An affected source is reconstructed if you meet the criteria in the reconstruction definition in §63.2.

(e) An affected source is existing if it is not new or reconstructed.

§63.8683   When must I comply with this subpart?

(a) If you have a new or reconstructed affected source and start up:

(1) On or before April 29, 2003, then you must comply with the requirements for new and reconstructed sources in this subpart no later than April 29, 2003.

(2) After April 29, 2003, then you must comply with the requirements for new and reconstructed sources in this subpart upon startup.

(b) If you have an existing affected source, you must comply with the requirements for existing sources no later than May 1, 2006.

(c) If you have an area source that increases its emissions or its potential to emit such that it becomes a (or part of a) major source of HAP, then the following requirements apply:

(1) Any portion of the existing facility that becomes a new or reconstructed affected source must be in compliance with this subpart upon startup or by April 29, 2003, whichever is later.

(2) All other parts of the source to which this subpart applies must be in compliance with this subpart by 3 years after the date the source becomes a major source.

(d) You must meet the notification requirements in §63.8692 according to the schedules in §§63.8692 and 63.9. Some of the notifications must be submitted before you are required to comply with the emission limitations in this subpart.

Emission Limitations

§63.8684   What emission limitations must I meet?

(a) You must meet each emission limitation in Table 1 to this subpart that applies to you.

(b) You must meet each operating limit in Table 2 to this subpart that applies to you.

General Compliance Requirements

§63.8685   What are my general requirements for complying with this subpart?

(a) You must be in compliance with the emission limitations (including operating limits) in this subpart at all times, except during periods of startup, shutdown, and malfunction.

(b) You must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in §63.6(e)(1)(i).

(c) You must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in §63.6(e)(3).

(d) You must develop and implement a written site-specific monitoring plan according to the provisions in §63.8688(g) and (h).

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

Testing and Initial Compliance Requirements

§63.8686   By what date must I conduct performance tests or other initial compliance demonstrations?

(a) For existing affected sources, you must conduct performance tests no later than 180 days after the compliance date that is specified for your source in §63.8683 and according to the provisions in §63.7(a)(2).

(b) As an alternative to the requirement specified in paragraph (a) of this section, you may use the results of a previously-conducted emission test to demonstrate compliance with the emission limitations in this subpart if you demonstrate to the Administrator's satisfaction that:

(1) No changes have been made to the process since the time of the emission test; and

(2) The operating conditions and test methods used during testing conform to the requirements of this subpart; and

(3) The control device and process parameter values established during the previously-conducted emission test are used to demonstrate continuous compliance with this subpart.

(c) For new sources, you must demonstrate initial compliance no later than 180 calendar days after April 29, 2003 or within 180 calendar days after startup of the source, whichever is later.

§63.8687   What performance tests, design evaluations, and other procedures must I use?

(a) You must conduct each performance test in Table 3 to this subpart that applies to you.

(b) Each performance test must be conducted under normal operating conditions and under the conditions specified in Table 3 to this subpart.

(c) You may not conduct performance tests during periods of startup, shutdown, or malfunction, as specified in §63.7(e)(1).

(d) Except for opacity and visible emission observations, you must conduct three separate test runs for each performance test required in this section, as specified in §63.7(e)(3). Each test run must last at least 1 hour.

(e) You must use the following equations to determine compliance with the emission limitations.

(1) To determine compliance with the particulate matter mass emission rate, you must use Equations 1 and 2 of this section as follows:

eCFR graphic er17my05.000.gif

View or download PDF

Where:

E = Particulate matter emission rate, kilograms of particulate matter per megagram of roofing product manufactured.

MPM = Particulate matter mass emission rate, kilograms per hour, determined using Equation 2.

P = The asphalt roofing product manufacturing rate during the emissions sampling period, including any material trimmed from the final product, megagram per hour.

eCFR graphic er17my05.001.gif

View or download PDF

Where:

MPM = Particulate matter mass emission rate, kilograms per hour.

C = Concentration of particulate matter on a dry basis, grams per dry standard cubic meter (g/dscm), as measured by the test method specified in Table 3 to this subpart.

Q = Vent gas stream flow rate (dry standard cubic meters per minute) at a temperature of 20 °C as measured by the test method specified in Table 3 to this subpart.

K = Unit conversion constant (0.06 minute-kilogram/hour-gram).

(2) To determine compliance with the total hydrocarbon percent reduction standard, you must use Equations 3 and 4 of this section as follows:

eCFR graphic er17my05.002.gif

View or download PDF

Where:

RE = Emission reduction efficiency, percent.

MTHCi = Mass flow rate of total hydrocarbons entering the control device, kilograms per hour, determined using Equation 4.

MTHCo = Mass flow rate of total hydrocarbons exiting the control device, kilograms per hour, determined using Equation 4.

eCFR graphic er17my05.003.gif

View or download PDF

Where:

MTHC = Total hydrocarbon mass flow rate, kilograms per hour.

C = Concentration of total hydrocarbons on a dry basis, parts per million by volume (ppmv), as measured by the test method specified in Table 3 to this subpart.

Q = Vent gas stream flow rate (dscm/minute) at a temperature of 20 °C as measured by the test method specified in Table 3 to this subpart.

K = Unit conversion constant (1.10E-04 (ppmv)−1 (kilogram/dscm)(minute/hour)).

(3) To determine compliance with the combustion efficiency standard, you must use Equation 5 of this section as follows:

eCFR graphic er29ap03.004.gif

View or download PDF

Where:

CE = Combustion efficiency, percent.

CO = Carbon monoxide concentration at the combustion device outlet, parts per million by volume (dry), as measured by the test method specified in Table 3 to this subpart.

CO2 = Carbon dioxide concentration at the combustion device outlet, parts per million by volume (dry), as measured by the test method specified in Table 3 to this subpart.

THC = Total hydrocarbon concentration at the combustion device outlet, parts per million by volume (dry), as measured by the test method specified in Table 3 to this subpart.

(4) To determine compliance with the total hydrocarbon destruction efficiency standard for a combustion device that does not use auxiliary fuel, you must use Equation 6 of this section as follows:

eCFR graphic er29ap03.005.gif

View or download PDF

Where:

THC DE = THC destruction efficiency, percent.

CO = Carbon monoxide concentration at the combustion device outlet, parts per million by volume (dry), as measured by the test method specified in Table 3 to this subpart.

CO2 = Carbon dioxide concentration at the combustion device outlet, parts per million by volume (dry), as measured by the test method specified in Table 3 to this subpart.

THC = Total hydrocarbon concentration at the combustion device outlet, parts per million by volume (dry), as measured by the test method specified in Table 3 to this subpart.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005]

§63.8688   What are my monitoring installation, operation, and maintenance requirements?

(a) You must install, operate, and maintain each continuous parameter monitoring system (CPMS) according to the following:

(1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period.

(2) To determine the 3-hour average, you must:

(i) Have a minimum of four successive cycles of operation to have a valid hour of data.

(ii) Have valid data from at least three of four equally spaced data values for that hour from a CPMS that is not out-of-control according to your site-specific monitoring plan.

(iii) Determine the 3-hour average of all recorded readings for each operating day, except as stated in §63.8690(c). You must have at least two of the three hourly averages for that period using only hourly average values that are based on valid data (i.e., not from out-of-control periods).

(3) You must record the results of each inspection, calibration, and validation check.

(b) For each temperature monitoring device, you must meet the requirements in paragraph (a) of this section and the following:

(1) Locate the temperature sensor in a position that provides a representative temperature.

(2) For a noncryogenic temperature range, use a temperature sensor with a minimum measurement sensitivity of 2.8 °C or 1.0 percent of the temperature value, whichever is larger.

(3) If a chart recorder is used, it must have a sensitivity in the minor division of at least 20 °F.

(4) Perform an accuracy check at least semiannually or following an operating parameter deviation:

(i) According to the procedures in the manufacturer's documentation; or

(ii) By comparing the sensor output to redundant sensor output; or

(iii) By comparing the sensor output to the output from a calibrated temperature measurement device; or

(iv) By comparing the sensor output to the output from a temperature simulator.

(5) Conduct accuracy checks any time the sensor exceeds the manufacturer's specified maximum operating temperature range or install a new temperature sensor.

(6) At least quarterly or following an operating parameter deviation, perform visual inspections of components if redundant sensors are not used.

(c) For each pressure measurement device, you must meet the requirements of paragraph (a) of this section and the following:

(1) Locate the pressure sensor(s) in, or as close as possible, to a position that provides a representative measurement of the pressure.

(2) Use a gauge with a minimum measurement sensitivity of 0.12 kiloPascals or a transducer with a minimum measurement sensitivity of 5 percent of the pressure range.

(3) Check pressure tap pluggage daily. Perform an accuracy check at least quarterly or following an operating parameter deviation:

(i) According to the procedures in the manufacturer's documentation; or

(ii) By comparing the sensor output to redundant sensor output.

(4) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor.

(5) At least monthly or following an operating parameter deviation, perform a leak check of all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage.

(6) At least quarterly or following an operating parameter deviation, perform visible inspections on all components if redundant sensors are not used.

(d) For monitoring parameters other than temperature and pressure drop, you must install and operate a CPMS to provide representative measurements of the monitored parameters.

(e) For each flare, you must install a device (including but not limited to a thermocouple, an ultraviolet beam sensor, or an infrared sensor) capable of continuously detecting the presence of a pilot flame.

(f) As an option to installing the CPMS specified in paragraph (a) of this section, you may install a continuous emissions monitoring system (CEMS) or a continuous opacity monitoring system (COMS) that meets the requirements specified in §63.8 and the applicable performance specifications of 40 CFR part 60, appendix B.

(g) For each monitoring system required in this section, you must develop and make available for inspection by the permitting authority, upon request, a site-specific monitoring plan that addresses the following:

(1) Installation of the CPMS, CEMS, or COMS sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device);

(2) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction system; and

(3) Performance evaluation procedures and acceptance criteria (e.g., calibrations).

(h) In your site-specific monitoring plan, you must also address the following:

(1) Ongoing operation and maintenance procedures in accordance with the general requirements of §63.8(c)(1), (c)(3), (c)(4)(ii), (c)(7), and (c)(8);

(2) Ongoing data quality assurance procedures in accordance with the general requirements of §63.8(d); and

(3) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of §63.10(c), (e)(1), and (e)(2)(i).

(i) You must conduct a performance evaluation of each CPMS, CEMS, or COMS in accordance with your site-specific monitoring plan.

(j) You must operate and maintain the CPMS, CEMS, or COMS in continuous operation according to the site-specific monitoring plan.

§63.8689   How do I demonstrate initial compliance with the emission limitations?

(a) You must demonstrate initial compliance with each emission limitation that applies to you according to Table 4 to this subpart.

(b) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you according to the requirements in §63.8687 and Table 3 to this subpart.

(c) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §63.8692(e).

Continuous Compliance Requirements

§63.8690   How do I monitor and collect data to demonstrate continuous compliance?

(a) You must monitor and collect data according to this section.

(b) Except for monitor malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously (or collect data at all required intervals) at all times that the affected source is operating. This includes periods of startup, shutdown, and malfunction when the affected source is operating.

(c) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities in data averages and calculations used to report emission or operating levels, nor may such data be used in fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system.

§63.8691   How do I demonstrate continuous compliance with the operating limits?

(a) You must demonstrate continuous compliance with each operating limit in Table 2 to this subpart that applies to you according to test methods specified in Table 5 to this subpart.

(b) You must report each instance in which you did not meet each operating limit in Table 5 to this subpart that applies to you. This includes periods of startup, shutdown, and malfunction. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in §63.8693.

(c) [Reserved]

(d) Consistent with §§63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with §63.6(e)(1). The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in §63.6(e).

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

Notifications, Reports, and Records

§63.8692   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(f), and 63.9(b) through (f) and (h) that apply to you by the dates specified.

(b) As specified in §63.9(b)(2), if you start up your affected source before April 29, 2003, you must submit an Initial Notification not later than 120 calendar days after April 29, 2003.

(c) As specified in §63.9(b)(3), if you start up your new or reconstructed affected source on or after April 29, 2003, you must submit an Initial Notification not later than 120 calendar days after you become subject to this subpart.

(d) 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).

(e) If you are required to conduct a performance test, design evaluation, opacity observation, visible emission observation, or other initial compliance demonstration as specified in Table 3 or 4 to this subpart, you must submit a Notification of Compliance Status according to §63.9(h)(2)(ii). You must submit the Notification of Compliance Status, including the performance test results, before the close of business on the 60th calendar day following the completion of the performance test according to §63.10(d)(2).

(f) If you are using data from a previously-conducted emission test to serve as documentation of conformance with the emission standards and operating limits of this subpart, you must submit the test data in lieu of the initial performance test results with the Notification of Compliance Status required under paragraph (e) of this section.

§63.8693   What reports must I submit and when?

(a) You must submit each report in Table 6 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 6 to this subpart and according to the following dates:

(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in §63.8683 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in §63.8683.

(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in §63.8683.

(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 July 31 or January 31, 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 the dates in paragraphs (b)(1) through (4) of this section.

(c) The compliance report must contain the following information:

(1) Company name and address.

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

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

(4) If you had a startup, shutdown or malfunction during the reporting period and you took actions consistent with your SSMP, the compliance report must include the information in §63.10(d)(5)(i).

(5) If there are no deviations from any emission limitations (emission limit, operating limit, opacity limit, and visible emission limit) that apply to you, a statement that there were no deviations from the emission limitations during the reporting period.

(6) If there were no periods during which the CPMS, CEMS, or COMS was out-of-control as specified in §63.8(c)(7), a statement that there were no periods during which the CPMS, CEMS, or COMS was out-of-control during the reporting period.

(d) For each deviation from an emission limitation (emission limit, operating limit, opacity limit, and visible emission limit), you must include the information in paragraphs (c)(1) through (6) of this section, and the information in paragraphs (d)(1) through (12) of this section. This includes periods of startup, shutdown, and malfunction.

(1) The date and time that each malfunction started and stopped.

(2) The date and time that each CPMS, CEMS, or COMS was inoperative, except for zero (low-level) and high-level checks.

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

(4) 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.

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

(6) 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.

(7) A summary of the total duration of CPMS, CEMS, or COMS downtime during the reporting period and the total duration of CPMS, CEMS, or COMS downtime as a percent of the total source operating time during that reporting period.

(8) An identification of each air pollutant that was monitored at the affected source.

(9) A brief description of the process units.

(10) A brief description of the CPMS, CEMS, or COMS.

(11) The date of the latest CPMS, CEMS, or COMS certification or audit.

(12) A description of any changes in CPMS, CEMS, or COMS, processes, or controls since the last reporting period.

(e) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a compliance report pursuant to Table 6 to this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any emission limitation (including any operating limit), submission of the compliance report shall be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permit authority.

(f) If acceptable to both the Administrator and you, you may submit reports and notifications electronically.

§63.8694   What records must I keep?

(a) You must keep the following records:

(1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted, according to the requirements in §63.10(b)(2)(xiv).

(2) The records in §63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction.

(3) Records of performance tests, performance evaluations, and opacity and visible emission observations as required in §63.10(b)(2)(viii).

(b) You must keep the records in §63.6(h)(6) for visible emission observations.

(c) You must keep the records required in Table 5 to this subpart to show continuous compliance with each operating limit that applies to you.

(d) Records of any shared equipment determinations as specified in §63.8682(b).

§63.8695   In what form and how long must I keep my records?

(a) Your records must be in a form suitable and readily available for expeditious review, according to §63.10(b)(1).

(b) As specified in §63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.

(c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to §63.10(b)(1). You can keep the records offsite for the remaining 3 years.

Other Requirements and Information

§63.8696   What parts of the General Provisions apply to me?

Table 7 to this subpart shows which parts of the General Provisions in §§63.1 through 63.15 apply to you.

§63.8697   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, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated.

(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 following authorities are retained by the Administrator of U.S. EPA:

(1) Approval of alternatives to the requirements in §§63.8681, 63.8682, 63.8683, 63.8684(a) through (c), 63.8686, 63.8687, 63.8688, 63.8689, 63.8690, and 63.8691.

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

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

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

§63.8698   What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in 40 CFR 63.2, the General Provisions of this part, and in this section as follows:

Adhesive applicator means the equipment used to apply adhesive to roofing shingles for producing laminated or dimensional roofing shingles.

Asphalt flux means the organic residual material from distillation of crude oil that is generally used in asphalt roofing manufacturing and paving and non-paving asphalt products.

Asphalt loading rack means the equipment at an asphalt processing facility used to transfer oxidized asphalt from a storage tank into a tank truck, rail car, or barge.

Asphalt processing facility means any facility engaged in the preparation of asphalt flux at stand-alone asphalt processing facilities, petroleum refineries, and asphalt roofing facilities. Asphalt preparation, called “blowing,” is the oxidation of asphalt flux, achieved by bubbling air through the heated asphalt, to raise the softening point and to reduce penetration of the oxidized asphalt. An asphalt processing facility includes one or more asphalt flux blowing stills, asphalt flux storage tanks storing asphalt flux intended for processing in the blowing stills, oxidized asphalt storage tanks, and oxidized asphalt loading racks.

Asphalt roofing manufacturing facility means a facility consisting of one or more asphalt roofing manufacturing lines.

Asphalt roofing manufacturing line means the collection of equipment used to manufacture asphalt roofing products through a series of sequential process steps. The equipment that comprises an asphalt roofing manufacturing line varies depending on the type of substrate used (i.e., organic or inorganic) and the final product manufactured (e.g., roll roofing, laminated shingles). For example, an asphalt roofing manufacturing line that uses fiberglass mat as a substrate typically would not include a saturator/wet looper (or the saturator/wet looper could be bypassed if the line manufacturers multiple types of products). An asphalt roofing manufacturing line can include a saturator (including wet looper), coater, coating mixers, sealant applicators, adhesive applicators, and asphalt storage and process tanks. The number of asphalt roofing manufacturing lines at a particular facility is determined by the number of saturators (or coaters) operated in parallel. For example, an asphalt roofing manufacturing facility with two saturators (or coaters) operating in parallel would be considered to have two separate roofing manufacturing lines.

Asphalt storage tank means any tank used to store asphalt flux, oxidized asphalt, and modified asphalt, at asphalt roofing manufacturing facilities, petroleum refineries, and asphalt processing facilities. Storage tanks containing cutback asphalts (asphalts diluted with solvents to reduce viscosity for low temperature applications) and emulsified asphalts (asphalts dispersed in water with an emulsifying agent) are not subject to this subpart.

Blowing still means the equipment in which air is blown through asphalt flux to change the softening point and penetration rate of the asphalt flux, creating oxidized asphalt.

Boiler means any enclosed combustion device that extracts useful energy in the form of steam and is not an incinerator.

Coater means the equipment used to apply amended (filled or modified) asphalt to the top and bottom of the substrate (typically fiberglass mat) used to manufacture shingles and rolled roofing products.

Coating mixer means the equipment used to mix coating asphalt and a mineral stabilizer, prior to applying the stabilized coating asphalt to the substrate.

Combustion device means an individual unit of equipment such as a flare, incinerator, process heater, or boiler used for the combustion of organic hazardous air pollutant vapors.

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 limitation (including any operating limit), or work practice standard;

(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 limitation (including any 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 limitation means any emission limit, opacity limit, operating limit, or visible emission limit.

Group 1 asphalt loading rack means an asphalt loading rack that loads asphalt with a maximum temperature of 260 °C (500 °F) or greater and has a maximum true vapor pressure of 10.4 kiloPascals (kPa) (1.5 pounds per square inch absolute (psia)) or greater.

Group 2 asphalt loading rack means an asphalt loading rack that is not a Group 1 asphalt loading rack.

Group 1 asphalt storage tank means an asphalt storage tank that meets both of the following criteria:

(1) Has a capacity of 177 cubic meters (47,000 gallons) of asphalt or greater; and

(2) Stores asphalt at a maximum temperature of 260 °C (500 °F) or greater and has a maximum true vapor pressure of 10.4 kPa (1.5 psia) or greater.

Group 2 asphalt storage tank means any asphalt storage tank with a capacity of 1.93 megagrams (Mg) of asphalt or greater that is not a Group 1 asphalt storage tank.

Incinerator means an enclosed combustion device that is used for destroying organic compounds. Auxiliary fuel may be used to heat waste gas to combustion temperatures. Any energy recovery section present is not physically formed into one manufactured or assembled unit with the combustion section; rather, the energy recovery section is a separate section following the combustion section and the two are joined by ducts or connections carrying flue gas.

Maximum true vapor pressure means the equilibrium partial pressure exerted by the stored asphalt at its maximum storage temperature.

Modified asphalt means asphalt that has been mixed with polymer modifiers.

Oxidized asphalt means asphalt that has been prepared by passing air through liquid asphalt flux in a blowing still.

Process heater means an enclosed combustion device that primarily transfers heat liberated by burning fuel directly to process streams or to heat transfer liquids other than water.

Research and development equipment means any equipment whose primary purpose is to conduct research and development to develop new processes and products, where such equipment is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner.

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

Saturator means the equipment in which substrate (predominantly organic felt) is filled with asphalt. Saturators are predominantly used for the manufacture of saturated felt products. The term saturator includes the saturator and wet looper.

Sealant applicator means the equipment used to apply a sealant strip to a roofing product. The sealant strip is used to seal overlapping pieces of roofing product after they have been applied.

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 Clean Air Act.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005]

Table 1 to Subpart LLLLL of Part 63—Emission Limitations

For— You must meet the following emission limitation—
1. Each blowing still, Group 1 asphalt loading rack, and Group 1 asphalt storage tank at existing, new, and reconstructed asphalt processing facilities; and each Group 1 asphalt storage tank at existing, new, and reconstructed roofing manufacturing lines; and each coating mixer, saturator (including wet looper), coater, sealant applicator, adhesive applicator, and Group 1 asphalt storage tank at new and reconstructed asphalt roofing manufacturing linesa. Reduce total hydrocarbon mass emissions by 95 percent, or to a concentration of 20 ppmv, on a dry basis corrected to 3 percent oxygen;
b. Route the emissions to a combustion device achieving a combustion efficiency of 99.5 percent;
c. Route the emissions to a combustion device that does not use auxiliary fuel achieving a total hydrocarbon (THC) destruction efficiency of 95.8 percent;
d. Route the emissions to a boiler or process heater with a design heat input capacity of 44 megawatts (MW) or greater;
e. Introduce the emissions into the flame zone of a boiler or process heater; or
f. Route emissions to a flare meeting the requirements of §63.11(b).
2. The total emissions from the coating mixer, saturator (including wet looper), coater, sealant applicator, and adhesive applicator at each existing asphalt roofing manufacturing line.aa. Limit particulate matter emissions to 0.04 kilograms emissions per megagram (kg/Mg) (0.08 pounds per ton, lb/ton) of asphalt shingle or mineral-surfaced roll roofing produced; or
b. Limit particulate matter emissions to 0.4 kg/Mg (0.8 lb/ton) of saturated felt or smooth-surfaced roll roofing produced.
3. Each saturator (including wet looper) and coater at existing, new, and reconstructed asphalt roofing manufacturing lines.aa. Limit exhaust gases to 20 percent opacity; and
b. Limit visible emissions from the emission capture system to 20 percent of any period of consecutive valid observations totaling 60 minutes.
4. Each Group 2 asphalt storage tank at existing, new, and reconstructed asphalt processing facility and asphalt roofing manufacturing lines.aLimit exhaust gases to 0 percent opacity.b

aAs an alternative to meeting the particulate matter and opacity limits, these emission sources may comply with the THC percent reduction or combustion efficiency standards.

bThe opacity limit can be exceeded for on consecutive 15-minute period in any 24-hour period when the storage tank transfer lines are being cleared. During this 15-minute period, the control device must not be bypassed. If the emissions from the asphalt storage tank are ducted to the saturator control device, the combined emissions from the saturator and storage tank must meet the 20 percent opacity limit (specified in 4.a of table 1) during this 15-minute period. At any other time, the opacity limit applies to Group 2 asphalt storage tanks.

Table 2 to Subpart LLLLL of Part 63—Operating Limits

For— You musta
1. Non-flare combustion devices with a design heat input capacity less than 44 MW or where the emissions are not introduced into the flame zoneMaintain the 3-hour averageb combustion zone temperature at or above the operating limit established during the performance test.
2. FlaresMeet the operating requirements specified in §63.11(b).
3. Control devices used to comply with the particulate matter standards.a. Maintain the 3-hour averageb inlet gas temperature at or below the operating limit established during the performance test; and
b. Maintain the 3-hour averageb pressure drop across the devicec at or below the operating limit established during the performance test.
4. Control devices other than combustion devices or devices used to comply with the particulate matter emission standardsMaintain the approved monitoring parameters within the operating limits established during the performance test.

aThe operating limits specified in Table 2 are applicable if you are monitoring control device operating parameters to demonstrate continuous compliance. If you are using a CEMS or COMS, you must maintain emissions below the value established during the initial performance test.

bA 15-minute averaging period can be used as an alternative to the 3-hour averaging period for this parameter.

cAs an alternative to monitoring the pressure drop across the control device, owners or operators using an ESP to achieve compliance with the emission limits specified in Table 1 of this subpart can monitor the voltage to the ESP. If this option is selected, the ESP voltage must be maintained at or above the operating limit established during the performance test.

Table 3 to Subpart LLLLL of Part 63—Requirements for Performance Testsa b

For— You must— Using— According to the following requirements—
1. All particulate matter, total hydrocarbon, carbon monoxide, and carbon dioxide emission testsa. Select sampling port's location and the number of traverse pointsi. EPA test method 1 or 1A in appendix A to part 60 of this chapterA. For demonstrating compliance with the total hydrocarbon percent reduction standard, the sampling sites must be located at the inlet and outlet of the control device and prior to any releases to the atmosphere.
B. For demonstrating compliance with the particulate matter mass emission rate, THC destruction efficiency, THC outlet concentration, or combustion efficiency standards, the sampling sites must be located at the outlet of the control device and prior to any releases to the atmosphere.
2. All particulate matter and total hydrocarbon testsDetermine velocity and volumetric flow rateEPA test method 2, 2A, 2C, 2D, 2F, or 2G, as appropriate, in appendix A to part 60 of this chapter
3. All particulate matter and total hydrocarbon testsDetermine the gas molecular weight used for flow rate determinationEPA test method 3, 3A, 3B, as appropriate, in appendix A to part 60 of this chapter
4. All particulate matter, total hydrocarbon, carbon monoxide, and carbon dioxide emission testsMeasure moisture content of the stack gasEPA test method 4 in appendix A to part 60 of this chapter
5. All particulate matter emission testsMeasure the asphalt processing rate or the asphalt roofing manufacturing rate and the asphalt content of the product manufactured, as appropriate
6. Each control device used to comply with the particulate matter emission standardsMeasure the concentration of particulate matterEPA test method 5A in appendix A to part 60 of this chapterFor demonstrating compliance with the particulate matter standard, the performance tests must be conducted under normal operating conditions and while manufacturing the roofing product that is expected to result in the greatest amount of hazardous air pollutant emissions.
7. All opacity testsConduct opacity observationsEPA test method 9 in appendix A to part 60 of this chapterConduct opacity observations for at least 3 hours and obtain 30, 6-minute averages.
8. All visible emission testsConduct visible emission observationsEPA test method 22 in appendix A to part 60 of this chapterModify EPA test method 22 such that readings are recorded every 15 seconds for a period of consecutive observations totaling 60 minutes.
9. Each combustion device used to comply with the combustion efficiency or THC standardsa. Measure the concentration of carbon dioxide
b. Measure the concentration of carbon monoxide
EPA test method 3A in appendix A to part 60 of this chapter
EPA test method 10 in appendix A to part 60 of this chapter
   c. Measure the concentration of total hydrocarbonsEPA test method 25A in appendix A to part 60 of this chapter
10. Each control device used to comply with the THC reduction efficiency or outlet concentration standardsMeasure the concentration of total hydrocarbonsEPA test method 25A in appendix A to part 60 of this chapter
11. Each combustion deviceEstablish a site-specific combustion zone temperature limitData from the CPMS and the applicable performance test method(s)You must collect combustion zone temperature data every 15 minutes during the entire period of the initial 3-hour performance test, and determine the average combustion zone temperature over the 3-hour performance test by computing the average of all of the 15-minute readings.
12. Each control device used to comply with the particulate matter emission standardsEstablish a site-specific inlet gas temperature limit; and establish a site-specific limit for the pressure drop across the deviceData from the CPMS and the applicable performance test method(s)You must collect the inlet gas temperature and pressure dropb data every 15 minutes during the entire period of the initial 3-hour performance test, and determine the average inlet gas temperature and pressure dropc over the 3-hour performance test by computing the average of all of the 15-minute readings.
13. Each control device other than a combustion device or device used to comply with the particulate matter emission standardsEstablish site-specific monitoring parametersProcess data and data from the CPMS and the applicable performance test method(s)You must collect monitoring parameter data every 15 minutes during the entire period of the initial 3-hour performance test, and determine the average monitoring parameter values over the 3-hour performance test by computing the average of all of the 15-minute readings.
14. Each flare used to comply with the THC percent reduction or PM emission limitsAssure that the flare is operated and maintained in conformance with its designThe requirements of §63.11(b)

aAs specified in §63.8687(e), you may request that data from a previously-conducted emission test serve as documentation of conformance with the emission standards and operating limits of this subpart.

bPerformance tests are not required if: (1) The emissions are routed to a boiler or process heater with a design heat input capacity of 44 MW or greater; or (2) the emissions are introduced into the flame zone of a boiler or process heater.

cAs an alternative to monitoring the pressure drop across the control device, owners or operators using an ESP to achieve compliance with the emission limits specified in Table 1 of this subpart can monitor the voltage to the ESP.

Table 4 to Subpart LLLLL of Part 63—Initial Compliance With Emission Limitations

For— For the following emission limitation— You have demonstrated initial compliance if—
1. Each blowing still, Group 1 asphalt loading rack, and Group 1 asphalt storage tank, at existing, new, and reconstructed asphalt processing facilitiesa. Reduce total hydrocarbon mass emissions by 95 percent or to a concentration of 20 ppmv, on a dry basis corrected to 3 percent oxygeni. The total hydrocarbon emissions, determined using the equations in §63.8687 and the test methods and procedures in Table 3 to this subpart, over the period of the performance test are reduced by at least 95 percent by weight or to a concentration of 20 ppmv, on a dry basis corrected to 3 percent oxygen; and
ii. You have a record of the average control device operating parametersa over the performance test during which emissions were reduced according to 1.a.i. of this table.
   b. Route the emissions to a combustion device achieving a combustion efficiency of 99.5 percenti. The combustion efficiency of the combustion device, determined using the equations in §63.8687 and the test methods and procedures in Table 3 to this subpart, over the period of the performance test is at least 99.5 percent; and
ii. You have a record of the average combustion zone temperaturea and carbon monoxide, carbon dioxide, and total hydrocarbon outlet concentrations over the performance test during which the combustion efficiency was at least 99.5 percent.
   c. Route the emissions to a combustion device that does not use auxiliary fuel achieving a THC destruction efficiency of 95.8 percenti. The THC destruction efficiency of the combustion device, determined using the equations in §63.8687 and the test methods and procedures in Table 3 to this subpart, over the period of the performance test is at least 95.8 percent; and
ii. You have a record of the average combustion zone temperaturea and carbon monoxide, carbon dioxide, and total hydrocarbon outlet concentrations over the performance test during which the THC destruction efficiency was at least 95.8 percent.
   d. Route emissions to a boiler or process heater with a design heat input capacity of 44 MW or greaterYou have a record of the boiler or process heater design heat capacity.
   e. Introduce the emissions into the flame zone of a boiler or process heaterYou have a record that shows the emissions are being introduced into the boiler or process heater flame zone.
   f. Route emissions to a flare meeting the requirements of §63.11(b)You have a record of the flare design and operating requirements.
2. Each coating mixer, saturator (including wet looper), coater, sealant applicator, adhesive applicator, and Group 1 asphalt storage tank at new and reconstructed asphalt roofing manufacturing linesa. Reduce total hydrocarbon mass emissions by 95 percent or to a concentration of 20 ppmv, on a dry basis corrected to 3 percent oxygenSee 1.a.i. and ii. of this table.
   b. Route the emissions to a combustion device achieving a combustion efficiency of 99.5 percentSee 1.b.i. and ii. of this table.
   c. Route the emissions to a combustion device that does not use auxiliary fuel achieving a THC destruction efficiency of 95.8 percentSee 1.c.i. and ii. of this table.
   d. Route emissions to a boiler or process heater with a design heat input capacity of 44 MW or greaterSee 1.d. of this table.
   e. Introduce the emissions into the flame zone of a boiler or process heaterSee 1.e. of this table.
   f. Route emissions to a flare meeting the requirements of §63.11(b)See 1.f. of this table.
3. The total emissions from the coating mixer, saturator (including wet looper), coater, sealant applicator, and adhesive applicator at each existing asphalt roofing manufacturing linea. Limit PM emissions to 0.04 kg/Mg (0.08 lb/ton) of asphalt shingle or mineral-surfaced roll roofing producedi. The PM emissions, determined using the equations in §63.8687 and the test methods and procedures in Table 3 to this subpart, over the period of the performance test are no greater than the applicable emission limitation; and
ii. You have a record of the average control devicea or process parameters over the performance test during which the particulate matter emissions were no greater than the applicable emission limitation.
   b. Limit PM emissions to 0.4 kg/Mg (0.8 lb/ton) of saturated felt or smooth-surfaced roll roofing producedSee 3.a.i. and ii. of this table.
4. Each saturator (including wet looper) and coater at an existing, new, or reconstructed asphalt roofing manufacturing linea. Limit visible emissions from the emissions capture system to 20 percent of any period of consecutive valid observations totaling 60 minutesThe visible emissions, measured using EPA test method 22, for any period of consecutive valid observations totaling 60 minutes during the initial compliance period described in §63.8686(b) do not exceed 20 percent.
   b. Limit opacity emissions to 20 percentThe opacity, measured using EPA test method 9, for each of the first 30 6-minute averages during the initial compliance period described in §63.8686(b) does not exceed 20 percent.
5. Each Group 2 asphalt storage tank at existing, new, and reconstructed asphalt processing facilities and asphalt roofing manufacturing linesLimit exhaust gases to 0 percent opacityThe opacity, measured using EPA test method 9, for each of the first 30 6-minute averages during the initial compliance period described in §63.8686(b) does not exceed 0 percent.

aIf you use a CEMS or COMS to demonstrate compliance with the emission limits, you are not required to record control device operating parameters.

Table 5 to Subpart LLLLL of Part 63—Continuous Compliance With Operating Limitsa

For— For the following operating limit— You must demonstrate continuous compliance by—
1. Each non-flare combustion device.ba. Maintain the 3-hourc average combustion zone temperature at or above the operating limit establishing during the performance testi. Passing the emissions through the control device; and
ii. Collecting the combustion zone temperature data according to §63.8688(b); and
iii. Reducing combustion zone temperature data to 3-hourc averages according to calculations in Table 3 to this subpart; and
iv. Maintaining the 3-hourc average combustion zone temperature within the level established during the performance test.
2. Each flareMeet the operating requirements specified in §63.11(b)The flare pilot light must be present at all times and the flare must be operating at all times that emissions may be vented to it.
3. Control devices used to comply with the particulate matter emission standardsa. Maintain the 3-hourc average inlet gas temperature and pressure drop across deviced at or below the operating limits established during the performance testi. Passing the emissions through the control device; and
ii. Collecting the inlet gas temperature and pressure dropd data according to §63.8688 (b) and (c); and
iii. Reducing inlet gas temperature and pressure dropd data to 3-hourc averages according to calculations in Table 3 to this subpart; and
iv. Maintaining the 3-hourc average inlet gas temperature and pressure dropd within the level established during the performance test.
4. Control devices other than combustion devices or devices used to comply with the particulate matter emissiona. Maintain the monitoring parameters within the operating limits established during the performance testi. Passing the emissions through the devices;
ii. Collecting the monitoring parameter data according to §63.8688(d); and
iii. Reducing the monitoring parameter data to 3-hourc averages according to calculations in Table 3 to this subpart; and
iv. Maintaining the monitoring parameters within the level established during the performance test.

aThe operating limits specified in Table 2 and the requirements specified in Table 5 are applicable if you are monitoring control device operating parameters to demonstrate continuous compliance. If you use a CEMS or COMS to demonstrate compliance with the emission limits, you are not required to record control device operating parameters. However, you must maintain emissions below the value established during the initial performance test. Data from the CEMS and COMS must be reduced as specified in §63.8(g).

bContinuous parameter monitoring is not required if (1) the emissions are routed to a boiler or process heater with a with a design heat input capacity of 44 MW or greater; or (2) the emissions are introduced into the flame zone of a boiler or process heater.

cA 15-minute averaging period can be used as an alternative to the 3-hour averaging period for this parameter.

dAs an alternative to monitoring the pressure drop across the control device, owners or operators using an ESP to achieve compliance with the emission limits specified in Table 1 of this subpart can monitor the voltage to the ESP. If this option is selected, the ESP voltage must be maintained at or above the operating limit established during the performance test.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28365, May 17, 2005]

Table 6 to Subpart LLLLL of Part 63—Requirements for Reports

You must submit— The report must contain— You must submit the report—
1. An initial notificationThe information in §63.9(b)According to the requirements in §63.9(b).
2. A notification of performance testA written notification of the intent to conduct a performance testAt least 60 calendar days before the performance test is scheduled to begin, as required in §63.9(e).
3. A notification of opacity and visible emission observationsA written notification of the intent to conduct opacity and visible emission observationsAccording to the requirements in §63.9(f).
4. Notification of compliance statusThe information in §63.9(h)(2) through (5), as applicableAccording to the requirements in §63.9(h)(2) through (5), as applicable.
5. A compliance reporta. A statement that there were no deviations from the emission limitations during the reporting period, if there are no deviations from any emission limitations (emission limit, operating limit, opacity limit, and visible emission limit) that apply to youSemiannually according to the requirements in §63.8693(b).
   b. If there were no periods during which the CPMS, CEMS, or COMS was out-of-control as specified in §63.8(c)(7), a statement that there were no periods during which the CPMS, CEMS, or COMS was out-of-control during the reporting periodSemiannually according to the requirements in §63.8693(b).
   c. If you have a deviation from any emission limitation (emission limit, operating limit, opacity limit, and visible emission limit), the report must contain the information in §63.8693(c). If there were periods during which the CPMS, CEMS, or COMS was out-of-control, as specified in §63.8(c)(7), the report must contain the information in §63.8693(d)Semiannually according to the requirements in §63.8693(b).
   d. If you had a startup, shutdown or malfunction during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in §63.10(d)(5)(i)Semiannually according to the requirements in §63.8693(b).
6. An immediate startup, shutdown, and malfunction report if you have a startup, shutdown, or malfunction during the reporting period and actions taken were not consistent with your startup, shutdown, and malfunction planThe information in §63.10(d)(5)(ii)By fax or telephone within 2 working days after starting actions inconsistent with the plan followed by a letter within 7 working days after the end of the event unless you have made alternative arrangements with the permitting authority.

Table 7 to Subpart LLLLL of Part 63—Applicability of General Provisions to Subpart LLLLL

Citation Subject Brief description Applies to subpart LLLLL
§63.1ApplicabilityInitial Applicability Determination; Applicability After Standard Established; Permit Requirements; Extensions, NotificationsYes.
§63.2DefinitionsDefinitions for part 63 standardsYes.
§63.3Units and AbbreviationsUnits and abbreviations for part 63 standardsYes.
§63.4Prohibited ActivitiesProhibited Activities; Compliance date; Circumvention, SeverabilityYes.
§63.5Construction/ReconstructionApplicability; applications; approvalsYes.
§63.6(a)ApplicabilityGP apply unless compliance extension GP apply to area sources that become majorYes.
§63.6(b)(1)-(4)Compliance Dates for New and Reconstructed sourcesStandards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f)Yes.
§63.6(b)(5)NotificationMust notify if commenced construction or reconstruction after proposalYes.
§63.6(b)(6)[Reserved]
§63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorArea sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area sourceYes.
§63.6(c)(1)-(2)Compliance Dates for Existing Sources1. Comply according to date in subpart, which must be no later than 3 years after effective date
2. For section 112(f) standards, comply within 90 days of effective date unless compliance extension has been granted
Yes.
§63.6(c)(3)-(4)[Reserved]
§63.6(c)(5)Compliance Dates for Existing Area Sources That Become MajorArea sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (for example, 3 years)Yes.
§63.6(d)[Reserved]
§63.6(e)(1)Operation & Maintenance1. Operate to minimize emissions at all times
2. Correct malfunctions as soon as practicable
3. Operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met
Yes.
§63.6(e)(2)[Reserved]
§63.6(e)(3)Startup, Shutdown, and Malfunction (SSM) Plan (SSMP)1. Requirement for SSM and startup, shutdown, malfunction plan
2. Content of SSMP
Yes.
§63.6(f)(1)Compliance Except During SSMYou must comply with emission standards at all times except during SSMYes.
§63.6(f)(2)-(3)Methods for Determining ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYes.
§63.6(g)(1)-(3)Alternative Nonopacity StandardProcedures for getting an alternative nonopacity standardYes.
§63.6(h)Opacity/Visible Emission (VE) StandardsRequirements for opacity and VE limitsYes.
§63.6(h)(1)Compliance with Opacity/VE StandardsYou must comply with opacity/VE emission limitations at all times except during SSMYes.
§63.6(h)(2)(i)Determining Compliance with Opacity/VE StandardsIf standard does not state test method, use EPA test method 9, 40 CFR 60, appendix A for opacity and EPA test method 22, 40 CFR 60, appendix A for VENo. The test methods for opacity and visible emissions are specified in §63.8687.
§63.6(h)(2)(ii)[Reserved]
§63.6(h)(2)(iii)Using Previous Tests to Demonstrate Compliance with Opacity/VE StandardsCriteria for when previous opacity/VE testing can be used to show compliance with this ruleYes.
§63.6(h)(3)[Reserved]
§63.6(h)(4)Notification of Opacity/VE Observation DateMust notify Administrator of anticipated date of observationYes.
§63.6(h)(5)(i), (iii)-(v)Conducting Opacity/VE ObservationsDates and Schedule for conducting opacity/VE observationsYes.
§63.6(h)(5)(ii)Opacity Test Duration and Averaging TimesMust have at least 3 hours of observation with thirty 6-minute averagesYes.
§63.6(h)(6)Records of Conditions During Opacity/VE ObservationsMust keep records available and allow Administrator to inspectYes.
§63.6(h)(7)(i)Report COMS Monitoring Data from Performance TestMust submit COMS data with other performance test dataYes, if COMS used.
§63.6(h)(7)(ii)Using COMS instead of EPA test method 9, 40 CFR 60, appendix ACan submit COMS data instead of EPA test method 9, 40 CFR 60, appendix A results even if rule requires EPA test method 9, 40 CFR 60, appendix A, but must notify Administrator before performance testYes, if COMS used.
§63.6(h)(7)(iii)Averaging time for COMS during performance testTo determine compliance, must reduce COMS data to 6-minute averagesYes, if COMS used.
§63.6(h)(7)(iv)COMS requirementsOwner/operator must demonstrate that COMS performance evaluations are conducted according to §63.8(e), COMS are properly maintained and operated according to §63.8(c) and data quality as §63.8(d)Yes, if COMS used.
§63.6(h)(7)(v)Determining Compliance with Opacity/VE StandardsCOMS is probative but not conclusive evidence of compliance with opacity standard, even if EPA test method 9, 40 CFR 60, appendix A observation shows otherwise. Requirements for COMS to be probative evidence, proper maintenance, meeting PS 1, and data have not been alteredYes, if COMS used.
§63.6(h)(8)Determining Compliance with Opacity/VE StandardsAdministrator will use all COMS, EPA test method 9, 40 CFR 60, appendix A, and EPA test method 22, 40 CFR 60, appendix A results, as well as information about operation and maintenance to determine complianceYes.
§63.6(h)(9)Adjusted Opacity StandardProcedures for Administrator to adjust an opacity standardYes.
§63.6(i)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYes.
§63.6(j)Presidential Compliance ExemptionPresident may exempt source category from requirement to comply with ruleYes.
§63.7(a)(1)-(2)Performance Test DatesDates for conducting initial performance testing and other compliance demonstrations. Must conduct 180 days after first subject to ruleYes.
§63.7(a)(3)Section 114 AuthorityAdministrator may require a performance test under CAA section 114 at any timeYes.
§63.7(b)(1)Notification of Performance TestMust notify Administrator 60 days before the testYes.
§63.7(b)(2)Notification of ReschedulingIf rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled dateYes.
§63.7(c)Quality Assurance/Test Plan1. Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with:
2. Test plan approval procedures
3. Performance audit requirements
4. Internal and external QA procedures for testing
Yes.
§63.7(d)Testing FacilitiesRequirements for testing facilitiesYes.
§63.7(e)(1)Conditions for Conducting Performance Tests1. Performance tests must be conducted under representative conditions. Cannot conduct performance tests during SSM
2. Not a violation to exceed standard during SSM
Yes.
§63.7(e)(2)Conditions for Conducting Performance TestsMust conduct according to rule and EPA test methods unless Administrator approves alternativeYes.
§63.7(e)(3)Test Run Duration1. Must have three test runs of at least 1 hour each
2. Compliance is based on arithmetic mean of three runs
3. Conditions when data from an additional test run can be used
Yes.
§63.7(f)Alternative Test MethodProcedures by which Administrator can grant approval to use an alternative test methodYes.
§63.7(g)Performance Test Data Analysis1. Must include raw data in performance test report
2. Must submit performance test data 60 days after end of test with the Notification of Compliance Status
3. Keep data for 5 years
Yes.
§63.7(h)Waiver of TestsProcedures for Administrator to waive performance testYes.
§63.8(a)(1)Applicability of Monitoring RequirementsSubject to all monitoring requirements in standardYes.
§63.8(a)(2)Performance SpecificationsPerformance Specifications in appendix B of part 60 applyYes, if CEMS used.
§63.8(a)(3)[Reserved]
§63.8(a)(4)Monitoring with FlaresUnless your rule says otherwise, the requirements for flares in §63.11 applyYes.
§63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYes.
§63.8(b) (2)-(3)Multiple Effluents and Multiple Monitoring Systems1. Specific requirements for installing monitoring systems
2. Must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise
3. If more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup
Yes.
§63.8(c)(1)Monitoring System Operation and MaintenanceMaintain monitoring system in a manner consistent with good air pollution control practicesYes.
§63.8(c)(1)(i)Routine and predictable CMS malfunction1. Keep parts for routine repairs readily available
2. Reporting requirements for CMS malfunction when action is described in SSM plan
Yes.
§63.8(c)(1)(ii)CMS malfunction not in SSP planReporting requirements for CMS malfunction when action is not described in SSM planYes.
§63.8(c)(1)(iii)Compliance with Operation and Maintenance Requirements1. How Administrator determines if source complying with operation and maintenance requirements
2. Review of source O&M procedures, records, manufacturer's instructions, recommendations, and inspection of monitoring system
Yes.
§63.8(c)(2)-(3)Monitoring System Installation1. Must install to get representative emission and parameter measurements
2. Must verify operational status before or at performance test
Yes.
§63.8(c)(4)CMS RequirementsCMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration driftsNo; §63.8690 specifies the CMS requirements.
§63.8(c)(4)(i)-(ii)CMS Requirements1. COMS must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period
2. CEMS must have a minimum of one cycle of operation for each successive 15-minute period
Yes, if COMS used.
§63.8(c)(5)COMS Minimum ProceduresCOMS minimum proceduresYes.
§63.8(c)(6)CMS RequirementsZero and High level calibration check requirementsNo; §63.8688 specifies the CMS requirements.
§63.8(c)(7)-(8)CMS RequirementsOut-of-control periods, including reportingYes.
§63.8(d)CMS Quality Control1. Requirements for CMS quality control, including calibration, etc
2. Must keep quality control plan on record for the life of the affected source
3. Keep old versions for 5 years after revisions
No; §63.8688 specifies the CMS requirements.
§63.8(e)CMS Performance EvaluationNotification, performance evaluation test plan, reportsNo; §63.8688 specifies the CMS requirements.
§63.8(f)(1)-(5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringYes.
§63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy tests for CEMSYes, if CEMS used.
§63.8(g)(1)-(4)Data Reduction1. COMS 6-minute averages calculated over at least 36 evenly spaced data points
2. CEMS 1-hour averages computed over at least 4 equally spaced data points
Yes, if CEMS or COMS used.
§63.8(g)(5)Data ReductionData that cannot be used in computing averages for CMSNo; §63.8690 specifies the CMS requirements.
§63.9(a)Notification RequirementsApplicability and State DelegationYes.
§63.9(b)(1)-(5)Initial Notifications1. Submit notification 120 days after effective date
2. Notification of intent to construct/reconstruct; notification of commencement of construct/reconstruct; notification of startup
3. Contents of each
Yes.
§63.9(c)Request for Compliance ExtensionCan request if cannot comply by date or if installed Best Achievable Control Technology (BACT)/Lowest Achievable Emission Rate (LAER)Yes.
§63.9(d)Notification of Special Compliance Requirements for New SourceFor sources that commence construction between proposal and promulgation and want to comply 3 years after effective dateYes.
§63.9(e)Notification of Performance TestNotify Administrator 60 days priorYes.
§63.9(f)Notification of VE/Opacity TestNotify Administrator 30 days priorYes.
§63.9(g)Additional Notifications When Using CMS1. Notification of performance evaluation
2. Notification using COMS data
3. Notification that the criterion for use of alternative to relative accuracy testing was exceeded
No; §63.8692 specifies the CMS notification requirements.
§63.9(h)(1)-(6)Notification of Compliance Status1. Contents.
2. Due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after
3. When to submit to Federal vs. State authority
Yes.
§63.9(i)Adjustment of Submittal DeadlinesProcedures for Administrator to approve change in dates when notifications must be submittedYes.
§63.9(j)Change in Previous InformationMust submit within 15 days after the changeYes.
§63.10(a)Recordkeeping/Reporting1. Applies to all, unless compliance extension
2. When to submit to Federal vs. State authority
3. Procedures for owners of more than 1 source
Yes.
§63.10(b)(1)Recordkeeping/Reporting1. General Requirements
2. Keep all records readily available.
3. Keep for 5 years
Yes.
§63.10(b)(2)(i)-(v)Records related to Startup, Shutdown, and Malfunction1. Occurrence of each of operation (process equipment)
2. Occurrence of each malfunction of air pollution equipment
3. Maintenance on air pollution control equipment
4. Actions during startup, shutdown, and malfunction
Yes.
§63.10(b)(2)(vi) and (x-xi)CMS Records1. Malfunctions, inoperative, out-of-control
2. Calibration checks
3. Adjustments, maintenance
Yes.
§63.10(b)(2)(vii)-(ix)Records1. Measurements to demonstrate compliance with emission limitations
2. Performance test, performance evaluation, and visible emission observation results
3. Measurements to determine conditions of performance tests and performance evaluations
Yes.
§63.10(b)(2)(xii)RecordsRecords when under waiverYes
§63.10(b)(2)(xiii)RecordsRecords when using alternative to relative accuracy testYes.
§63.10(b)(2)(xiv)RecordsAll documentation supporting Initial Notification and Notification of Compliance StatusYes.
§63.10(b)(3)RecordsApplicability determinationsYes.
§63.10(c)(1)-(6), (9)-(15)RecordsAdditional records for CMSNo; §63.8694 specifies the CMS recordkeeping requirements.
§63.10(c)(7)-(8)RecordsRecords of excess emissions and parameter monitoring exceedances for CMSNo; §63.8694 specifies the CMS recordkeeping requirements.
§63.10(d)(1)General Reporting RequirementsRequirement to reportYes.
§63.10(d)(2)Report of Performance Test ResultsWhen to submit to Federal or State authorityYes.
§63.10(d)(3)Reporting Opacity or VE ObservationsWhat to report and whenYes.
§63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§63.10(d)(5)Startup, Shutdown, and Malfunction ReportsContents and submissionYes.
§63.10(e)(1), (2)Additional CMS Reports1. Must report results for each CEM on a unit
2. Written copy of performance evaluation
3. Three copies of COMS performance evaluation
Yes.
§63.10(e)(3)ReportsExcess emission reportsNo; §63.8693 specifies the reporting requirements.
§63.10(e)(3)(i)-(iii)ReportsSchedule for reporting excess emissions and parameter monitor exceedances (now defined as deviations)No; §63.8693 specifies the reporting requirements.
§63.10(e)(3)(iv)-(v)Excess Emissions Reports1. Requirement to revert to the frequency specified in the relevant standard if there is an excess emissions and parameter monitor exceedances (now defined as deviations)
2. Provision to request semiannual reporting after compliance for one year
3. Submit report by 30th day following end of quarter or calendar half
4. If there has not been an exceedance or excess emission (now defined as deviations), report content is a statement that there have been no deviations
No; §63.8693 specifies the reporting requirements.
§63.10(e)(3)(iv)-(v)Excess Emissions ReportsMust submit report containing all of the information in §63.10(c)(5)(13), §63.8(c)(7)-(8)No; §63.8693 specifies the reporting requirements.
§63.10(e)(3)(vi)-(viii)Excess Emissions Report and Summary Report1. Requirements for reporting excess emissions for CMS (now called deviations)
2. Requires all of the information in §63.10(c)(5)(13), §63.8(c)(7)-(8)
No; §63.8693 specifies the reporting requirements.
§63.10(e)(4)Reporting COMS dataMust submit COMS data with performance test dataYes, if COMS used.
§63.10(f)Waiver for Recordkeeping/ReportingProcedures for Administrator to waiveYes.
§63.11FlaresRequirements for flaresYes.
§63.12DelegationState authority to enforce standardsYes.
§63.13AddressesAddresses where reports, notifications, and requests are sentYes.
§63.14Incorporation by ReferenceTest methods incorporated by referenceYes.
§63.15Availability of InformationPublic and confidential informationYes.

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006]



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