About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 
Home   |   Customers   |   Vendors   |   Libraries  

The Electronic Code of Federal Regulations (e-CFR) is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Printing Office.

Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States Code
Text | PDF

Find, review, and submit comments on Federal rules that are open for comment and published in the Federal Register using Regulations.gov.

Purchase individual CFR titles from the U.S. Government Online Bookstore.

Find issues of the CFR (including issues prior to 1996) at a local Federal depository library.

[2]
 
 

Electronic Code of Federal Regulations

e-CFR Data is current as of April 16, 2014

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


Subpart HHHHH—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing


Contents

What This Subpart Covers

§63.7980   What is the purpose of this subpart?
§63.7985   Am I subject to the requirements in this subpart?
§63.7990   What parts of my plant does this subpart cover?

Compliance Dates

§63.7995   When do I have to comply with this subpart?

Emission Limits, Work Practice Standards, and Compliance Requirements

§63.8000   What are my general requirements for complying with this subpart?
§63.8005   What requirements apply to my process vessels?
§63.8010   What requirements apply to my storage tanks?
§63.8015   What requirements apply to my equipment leaks?
§63.8020   What requirements apply to my wastewater streams?
§63.8025   What requirements apply to my transfer operations?
§63.8030   What requirements apply to my heat exchange systems?

Alternative Means of Compliance

§63.8050   How do I comply with emissions averaging for stationary process vessels at existing sources?
§63.8055   How do I comply with a weight percent HAP limit in coating products?

Notification, Reports, and Records

§63.8070   What notifications must I submit and when?
§63.8075   What reports must I submit and when?
§63.8080   What records must I keep?

Other Requirements and Information

§63.8090   What compliance options do I have if part of my plant is subject to both this subpart and another subpart?
§63.8095   What parts of the General Provisions apply to me?
§63.8100   Who implements and enforces this subpart?
§63.8105   What definitions apply to this subpart?
Table 1 to Subpart HHHHH of Part 63—Emission Limits and Work Practice Standards for Process Vessels
Table 2 to Subpart HHHHH of Part 63—Emission Limits for Storage Tanks
Table 3 to Subpart HHHHH of Part 63—Requirements for Equipment Leaks
Table 4 to Subpart HHHHH of Part 63—Emission Limits and Work Practice Standards for Wastewater Streams
Table 5 to Subpart HHHHH of Part 63—Emission Limits and Work Practice Standards for Transfer Operations
Table 6 to Subpart HHHHH of Part 63—Requirements for Heat Exchange Systems
Table 7 to Subpart HHHHH of Part 63—Partially Soluble Hazardous Air Pollutants
Table 8 to Subpart FFFF of Part 63—Soluble Hazardous Air Pollutants
Table 9 to Subpart HHHHH of Part 63—Requirements for Reports
Table 10 to Subpart HHHHH of Part 63—Applicability of General Provisions to Subpart HHHHH

Source: 68 FR 69185, Dec. 11, 2003, unless otherwise noted.

What This Subpart Covers

§63.7980   What is the purpose of this subpart?

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

§63.7985   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 coating manufacturing operations, as defined in paragraph (b) of this section, that meet the conditions specified in paragraphs (a)(1) through (4) of this section.

(1) 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).

(2) Manufacture coatings as defined in §63.8105.

(3) Process, use, or produce HAP.

(4) Are not part of an affected source under another subpart of this part 63.

(b) Miscellaneous coating manufacturing operations include the facilitywide collection of equipment described in paragraphs (b)(1) through (4) of this section that is used to manufacture coatings as defined in §63.8105. Miscellaneous coating manufacturing operations also include cleaning operations.

(1) Process vessels.

(2) Storage tanks for feedstocks and products.

(3) Components such as pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, and instrumentation systems.

(4) Wastewater tanks and transfer racks.

(c) If the predominant use of a transfer rack loading arm or storage tank (including storage tanks in series) is associated with miscellaneous coating manufacturing, 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 miscellaneous coating manufacturing operations. If the predominant use cannot be determined, 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 miscellaneous coating manufacturing operations. If the use varies from year to year, then you must base the determination on the utilization that occurred during the year preceding December 11, 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 §63.8075(d). You must redetermine the predominant use at least once every 5 years after the compliance date.

(d) The requirements for miscellaneous coating manufacturing sources in this subpart do not apply to operations described in paragraphs (d)(1) through (5) of this section.

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

(2) 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 (National Emission Standards for Miscellaneous Metal Parts and Products Surface Coating Operations) and SSSS (NESHAP: Surface Coating of Metal Coil) of 40 CFR 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.

(3) Ancillary equipment such as boilers and incinerators (only those not used to comply with the emission limits in Tables 1 through 5 to this subpart), chillers and refrigeration systems, and other equipment that is not directly involved in the manufacturing of a coating (i.e., it operates as a closed system, and materials are not combined with materials used to manufacture the coating).

(4) Quality assurance/quality control laboratories.

(5) Modifying a purchased coating in preparation for application at the purchasing facility.

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006]

§63.7990   What parts of my plant does this subpart cover?

(a) This subpart applies to each miscellaneous coating manufacturing affected source as defined in §63.7985(a).

(b) The miscellaneous coating manufacturing affected source is the miscellaneous coating manufacturing operations as defined in §63.7985(b).

(c) An affected source is a new affected source if you commenced construction or reconstruction after April 4, 2002, and you met the applicability criteria at the time you commenced construction or reconstruction.

Compliance Dates

§63.7995   When do I have to comply with this subpart?

Except as specified in §63.8090, you must comply with this subpart according to the requirements of this section.

(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 start up your new affected source before December 11, 2003, then you must comply with the requirements for new sources in this subpart no later than December 11, 2003.

(2) If you start up your new affected source after December 11, 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 affected source on December 11, 2003, then you must comply with the requirements for existing sources in this subpart no later than December 11, 2006.

(c) [Reserved]

(d) You must meet the notification requirements in §63.8070 according to the schedule in §63.8070 and in 40 CFR part 63, subpart A. 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.

[68 FR 69185, Dec. 11, 2003; 68 FR 75033, Dec. 29, 2003, as amended at 70 FR 25681, May 13, 2005; 71 FR 58503, Oct. 4, 2006]

Emission Limits, Work Practice Standards, and Compliance Requirements

§63.8000   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 5 to this subpart at all times, except during periods of startup, shutdown, and malfunction. You must meet the requirements specified in paragraphs (b) and (c) of this section. You must meet the requirements specified in §§63.8005 through 63.8025 (or the alternative means of compliance in §63.8050), except as specified in paragraph (d) of this section. You must meet the notification, reporting, and recordkeeping requirements specified in §§63.8070, 63.8075, and 63.8080.

(b) General requirements. (1) If an emission stream contains halogen atoms, and you use a combustion-based control device (excluding a flare) to meet an organic HAP emission limit, you must determine whether the emission stream meets the definition of a halogenated stream by calculating the concentration of each organic compound that contains halogen atoms using the procedures specified in §63.115(d)(2)(v), multiplying each concentration by the number of halogen atoms in the organic compound, and summing the resulting halogen atom concentrations for all of the organic compounds in the emission stream. Alternatively, you may elect to designate the emission stream as halogenated.

(2) Opening of a safety device, as defined in §63.8105, is allowed at any time conditions require it to avoid unsafe conditions.

(c) Compliance requirements for closed vent systems and control devices.If you use a control device to comply with an emission limit in Table 1, 2, or 5 to this subpart, you must comply with the requirements in subpart SS of 40 CFR part 63 as specified in paragraphs (c)(1) through (3) of this section, except as specified in paragraph (d) of this section.

(1) If you reduce organic HAP emissions by venting emissions through a closed-vent system to any combination of control devices (except a flare), you must meet the requirements of §63.982(c) and the requirements referenced therein.

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

(3) If you use a halogen reduction device to reduce hydrogen halide and halogen HAP emissions that are generated by combusting 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).

(d) Exceptions to the requirements specified in other subparts of this part 63—(1) Requirements for performance tests. The requirements specified in paragraphs (d)(1)(i) through (v) of this section apply instead of or in addition to the requirements for performance testing of control devices as specified in subpart SS of 40 CFR part 63.

(i) Conduct gas molecular weight analysis using Method 3, 3A, or 3B in appendix A to 40 CFR part 60.

(ii) Measure moisture content of the stack gas using Method 4 in appendix A to 40 CFR part 60.

(iii) 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 6 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.

(iv) 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 §63.8075(d)(1).

(v) If you do not have a closed-vent system as defined in §63.981, you must determine capture efficiency using Method 204 of appendix M to 40 CFR part 51 for all stationary process vessels subject to requirements of Table 1 to this subpart.

(2) Design evaluation. To determine the percent reduction of a small control device, 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 40 CFR part 63. You must establish the value(s) and basis for the operating limits as part of the design evaluation.

(3) Periodic verification. For a control device with total inlet HAP emissions less than 1 ton per year (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.

(4) 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 (d)(4)(i) through (iv) of this section.

(i) 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 (d)(4)(ii) of this section, except as specified in paragraph (d)(4)(i)(A) of this section. For any CEMS meeting Performance Specification 8, you must also comply with appendix F, procedure 1 of 40 CFR part 60.

(A) If you wish to use a CEMS other than a 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.

(B) [Reserved]

(ii) You must determine the calibration gases and reporting units for TOC CEMS in accordance with paragraph (d)(4)(ii)(A), (B), or (C) of this section.

(A) 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.

(B) 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.

(C) 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.

(iii) 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.

(iv) 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 in the manufacturing of a coating. Operating block averages may be used only for process vessel data.

(5) Continuous parameter monitoring. The provisions in paragraphs (d)(5)(i) through (iii) of this section apply in addition to the requirements for continuous parameter monitoring system (CPMS) in subpart SS of 40 CFR part 63.

(i) 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).

(ii) When subpart SS of 40 CFR 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.

(iii) As an alternative to measuring pH as specified in §63.994(c)(1)(i), you may elect to continuously monitor the caustic strength of the scrubber effluent.

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

(7) Reporting. (i) When §§63.8005 through 63.8025 reference other subparts in this part 63 that use the term periodic report, it means compliance report for the purposes of this subpart.

(ii) 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.

(iii) Excused excursions, as defined in subpart SS of 40 CFR part 63, are not allowed.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]

§63.8005   What requirements apply to my process vessels?

(a) General. (1) You must meet each emission limit and work practice standard in Table 1 to this subpart that applies to you, and you must meet each applicable requirement specified in §63.8000(b), except as specified in paragraphs (a)(1)(i) and (ii) of this section.

(i) You are not required to meet the emission limits and work practice standards in Table 1 to this subpart if you comply with §63.8050 or §63.8055.

(ii) You must meet the emission limits and work practice standards in Table 1 to this subpart for emissions from automatic cleaning operations. You are not required to meet the emission limits and work practice standards in Table 1 to this subpart for emissions from cleaning operations that are conducted manually.

(2) For each control device used to comply with Table 1 to this subpart, you must comply with subpart SS of this part 63 as specified in §63.8000(c), except as specified in §63.8000(d) and paragraphs (b) through (g) of this section.

(b) When subpart SS of this part 63 refers to process vents, it means process vessel vents for the purposes of this section.

(c) Process condensers, as defined in §63.1251, are not considered to be control devices for process vessels.

(d) Initial compliance. (1) To demonstrate initial compliance with a percent reduction emission limit in Table 1 to this subpart, you must conduct the performance test or design evaluation under conditions as specified in §63.7(e)(1), except that the performance test or design evaluation must be conducted under worst-case conditions. Also, the performance test for a control device used to control emissions from process vessels must be conducted according to §63.1257(b)(8), including the submittal of a site-specific test plan for approval prior to testing. 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 process vessels.

(2) For the initial compliance demonstration for condensers, you must determine uncontrolled emissions using the procedures specified in §63.1257(d)(2), and you must determine controlled emissions using the procedures specified in §63.1257(d)(3)(i)(B) and (iii).

(3) You must demonstrate that each process condenser is properly operated according to the procedures specified in §63.1257(d)(2)(i)(C)(4)(ii) and (d)(3)(iii)(B). The reference in §63.1257(d)(3)(iii)(B) to the alternative standard in §63.1254(c) does not apply 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.

(4) You must conduct a performance test or compliance demonstration equivalent to an initial compliance demonstration within 360 hours of a change in operating conditions that are not considered to be within the previously established worst-case conditions.

(e) 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 (e)(1) of this section and, if applicable, paragraph (e)(2) of this section.

(1) 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. 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 (e)(1) 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.

(2) If you elect to establish separate operating limits for different emission episodes, you must maintain records as specified in §63.8085(g) of 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.

(f) Averaging periods. If you elect to establish separate operating limits for different emission episodes, you may elect to determine operating block averages instead of the daily averages specified in §63.998(b)(3). An operating block is a period of time that is equal to the time from the beginning to end of an emission episode or sequence of emission episodes.

(g) Flow indicators. 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.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]

§63.8010   What requirements apply to my storage tanks?

(a) You must meet each emission limit in Table 2 to this subpart that applies to your storage tanks, and you must meet each applicable requirement specified in §63.8000(b). For each control device used to comply with Table 2 to this subpart, you must comply with subpart SS of this part 63 as specified in §63.8000(c), except as specified in §63.8000(d) and paragraphs (b) through (d) of this section.

(b) 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 §63.8105 applies for the purposes of this subpart.

(c) Planned routine maintenance. The emission limits in Table 2 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 2 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/yr limit is exceeded and the control device is again operational, and it must be submitted at least 60 days before the 240 hr/yr limit will be exceeded.

(d) Vapor balancing alternative. As an alternative to the emission limits specified in Table 2 to this subpart, you may elect to implement vapor balancing in accordance with §63.1253(f), except as specified in paragraphs (d)(1) and (2) of this section.

(1) To comply with §63.1253(f)(6)(i), the owner or operator of an offsite cleaning and reloading facility must comply with §§63.7995 through 63.8105 instead of complying with §63.1253(f)(7)(ii).

(2) You may elect to set a pressure relief device to a value less than the 2.5 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.

§63.8015   What requirements apply to my equipment leaks?

(a) You must meet each requirement in Table 3 to this subpart that applies to your equipment leaks, except as specified in paragraphs (b) through (d) of this section.

(b) Exceptions to requirements in §63.424(a). (1) When §63.424(a) refers to “a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart,” the phrase “a miscellaneous coating manufacturing affected source subject to 40 CFR part 63, subpart HHHHH” shall apply for the purposes of this subpart.

(2) When §63.424(a) refers to “equipment in gasoline service,” the phrase “equipment in organic HAP service” shall apply for the purposes of this subpart.

(3) When §63.424(a) specifies that “each piece of equipment shall be inspected during loading of a gasoline cargo tank,” the phrase “each piece of equipment must be inspected when it is operating in organic HAP service” shall apply for the purposes of this subpart.

(4) Equipment in service less than 300 hours per year, equipment in vacuum service, or equipment contacting non-process fluids is excluded from this section.

(c) When §63.1036 refers to batch processes, any part of the miscellaneous coating manufacturing operations applies for the purposes of this subpart.

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

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]

§63.8020   What requirements apply to my wastewater streams?

(a) You must meet each requirement in Table 4 to this subpart that applies to your wastewater streams, and you must meet each applicable requirement specified in §63.8000 and paragraphs (b) through (d) of this section.

(b) For each wastewater stream that you generate, you must either designate the wastewater stream as a Group 1 wastewater stream according to the procedures in paragraph (b)(1) of this section, or you must determine whether the wastewater stream is a Group 1 wastewater stream according to the procedures in paragraph (b)(2) of this section.

(1) You may designate any wastewater stream as a Group 1 wastewater stream. You do not have to determine the concentration for any designated Group 1 wastewater stream.

(2) For wastewater streams that you do not designate as Group 1 wastewater streams, you must use the procedures specified in §63.144(b) to establish the concentrations, except as specified in paragraphs (b)(2)(i) and (ii) of this section.

(i) References to Table 8 compounds in §63.144 do not apply for the purposes of this subpart.

(ii) Alternative test methods. (A) 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).

(B) 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, appendix A, 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, appendix A.

(c) For each enhanced biological treatment unit used to comply with the requirements in Table 4 to this subpart, you must monitor total suspended solids (TSS), biological oxygen demand (BOD), and the biomass concentration. In the precompliance report you must identify and provide rationale for proposed operating limits for these parameters, methods for monitoring, the frequency of monitoring, and recordkeeping and reporting procedures that will demonstrate proper operation of the enhanced biological treatment unit. Alternatively, you may use the precompliance report to request to monitor other parameters, and you must include a description of planned reporting and recordkeeping procedures and the basis for the selected monitoring frequencies and the methods that will be used.

(d) If you transfer the wastewater offsite for enhanced biological treatment, you must obtain written certification from the offsite facility stating that the offsite facility will comply with the requirements of this subpart. The certifying entity may revoke the certification by providing 90 days notice. Upon expiration of the notice period, you may not transfer wastewater to that treatment facility.

§63.8025   What requirements apply to my transfer operations?

(a) You must comply with each emission limit and work practice standard in Table 5 to this subpart that applies to your transfer operations, and you must meet all applicable requirements specified in §63.8000(b). For each control device used to comply with Table 5 to this subpart, you must comply with subpart SS of this part 63 as specified in §63.8000(c), except as specified in §63.8000(d) and paragraph (b) of this section.

(b) If you have Group 1 transfer operations, as defined in §63.8105, then all transfer racks used for bulk loading coatings must meet the requirements for high throughput transfer racks in subpart SS of this part.

§63.8030   What requirements apply to my heat exchange systems?

(a) You must comply with the requirements specified in Table 6 to this subpart that apply to your heat exchange systems, except as specified in paragraphs (b) through (e) 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 the miscellaneous coating manufacturing operations defined in §63.7985(b) 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.

(d) The reference to §63.103(c)(1) in §63.104(f)(1) does not apply. For the purposes of this subpart, records must be retained as specified in §63.10(b)(1).

(e) The reference to the periodic report required by §63.152(c) of subpart G of this part means the compliance report required by §63.8075(e) for the purposes of this subpart.

Alternative Means of Compliance

§63.8050   How do I comply with emissions averaging for stationary process vessels at existing sources?

(a) As an alternative to complying with the requirements in Table 1 to this subpart for each individual stationary process vessel, you may elect to comply with emissions averaging for stationary process vessels greater than or equal to 250 gallons (gal) at your existing affected source as specified in paragraphs (b) through (e) of this section.

(b) General requirements. (1) A State may prohibit averaging of HAP emissions and require the owner or operator of an existing affected source to comply with the emission limits and work practice standards in Table 1 to this subpart.

(2) All stationary process vessels in an emissions averaging group must be equipped with a tightly-fitting vented cover.

(c) Initial compliance. To demonstrate initial compliance with the emissions averaging alternative, you must comply with the provisions in paragraphs (c)(1) through (4) of this section.

(1) Estimate uncontrolled emissions from each affected stationary process vessel in pounds per batch using the procedures specified in §63.1257(d)(2), except as specified in paragraphs (c)(1)(i) and (ii) of this section. For the purposes of this section, uncontrolled emissions means the emissions from the vessel if it were equipped only with a tightly-fitting vented cover. You must identify the range of typical operating parameters and perform the calculation using the values that result in the highest emissions, and you must document the operating parameters and resulting emissions calculations in the precompliance report.

(i) When you are required to calculate uncontrolled emissions from heating, you may not calculate emissions using Equation 13 of subpart GGG of this part 63.

(ii) The statement in §63.1257(d)(2)(i)(B) that “the partial pressure of HAP shall be assumed to be 25 percent of the saturated value if the purge flow rate is greater than 100 scfm” does not apply. For the purposes of this subpart, multiply the HAP partial pressure in Equation 12 of 40 CFR part 63, subpart GGG by a HAP-specific saturation factor determined in accordance with Equations 1 through 3 of this section. Solve equation 1 of this section iteratively beginning with saturation factors (in the right-hand side of the equation) of 1.0 for each condensable compound. Stop iterating when the calculated saturation factors for all compounds are the same to two significant figures for subsequent iterations. Note that for multi-component emission streams, saturation factors must be calculated for all condensable compounds, not just the HAP.

eCFR graphic er11de03.001.gif

View or download PDF

eCFR graphic er11de03.002.gif

View or download PDF

eCFR graphic er11de03.003.gif

View or download PDF

where:

S1 = saturation factor for individual condensable compounds in the emission stream

Pi = partial pressure of individual condensable compounds in the emission stream calculated using Raoult's Law or other appropriate methods

PT = pressure of the vessel vapor space

A=surface area of liquid

V=purge flow rate as used in Equation 12 of 40 CFR part 63, subpart GGG

Visat = volumetric flowrate of condensable compounds in the emission stream

Ki = mass transfer coefficient of individual condensable compounds in the emission stream

Ko = mass transfer coefficient of a reference compound (e.g., 0.83 cm/s for water)

Mo = molecular weight of reference compound (e.g., 18.02 for water)

Mi = molecular weight of individual condensable compounds in the emission stream

n=number of condensable compounds in the emission stream

(2) Estimate controlled emissions in pounds per batch for each vessel as specified in paragraphs (c)(2)(i) through (iii) of this section.

(i) Except as specified in paragraphs (c)(2)(ii) and (iii) of this section, estimate controlled emissions as if the vessel were controlled in compliance with entry 2.b.i. in Table 1 to this subpart.

(ii) Estimate the controlled emissions using the control level achieved on November 15, 1990 if that value is greater than the applicable control level required by entry 2.b.i in Table 1 to this subpart.

(iii) Estimate the controlled emissions using the control level required to comply with a State or Federal rule other than this subpart if that level is greater than the applicable control level required by entry 2.b.i in Table 1 to this subpart and the other rule was in effect before the date when you request approval to comply with emissions averaging.

(3) Determine actual emissions in pounds per batch for each vessel in accordance with paragraph (c)(3)(i), (ii), or (iii) of this section, as applicable.

(4) Provide rationale in the precompliance report for why the sum of the actual emissions will be less than the sum of emissions from the vessels if they had been controlled in accordance with Table 1 to this subpart. The approved actual emissions calculated according to paragraph (c)(3) of this section are emission limits that must be incorporated into your operating permit.

(d) Continuous compliance. (1) Maintain a monthly log of the number of batches produced that can be correlated with the emissions estimates per batch developed in accordance with paragraph (c) of this section.

(2) Sum the actual emissions for all of the process vessels in the emissions averaging group every three months, with the first 3-month period beginning on the compliance date, and compare the resulting total with the total emissions for the vessels calculated in accordance with paragraph (c)(2) of this section. Compliance is demonstrated if the sum of the actual emissions is less than the emissions estimated in accordance with paragraph (c)(2) of this section.

(3) For control devices, establish operating limits and monitor as specified in §63.8000.

(e) Recordkeeping and reporting. Comply with §§63.8070, 63.8075, and 63.8080.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005]

§63.8055   How do I comply with a weight percent HAP limit in coating products?

(a) As an alternative to complying with the requirements in Table 1 to this subpart for each individual stationary process vessel at an existing source, you may elect to comply with a 5 weight percent HAP limit for process vessels at your affected source that are used to manufacture coatings with a HAP content of less than 0.05 kg per kg product as specified in paragraph (b) of this section.

(b) You may only comply with the alternative during the production of coatings that contain less than 5 weight percent HAP, as determined using any of the procedures specified in paragraphs (b)(1) through (4) of this section.

(1) Method 311 (appendix A to 40 CFR part 63).

(2) Method 24 (appendix A to 40 CFR part 60). You may use Method 24 to determine the mass fraction of volatile matter and use that value as a substitute for the mass fraction of HAP.

(3) You may use an alternative test method for determining mass fraction of HAP if you obtain prior approval by the Administrator. You must follow the procedure in §63.7(f) to submit an alternative test method for approval.

(4) You may rely on formulation data from raw material suppliers if it represents each organic HAP that is present at 0.1 percent by mass or more for OSHA-defined carcinogens, as specified in 29 CFR 1910.1200(d)(4), and at 1.0 percent by mass or more for other compounds. If the HAP weight percent estimated based on formulation data conflicts with the results of a test conducted according to paragraphs (b)(1) through (3) of this section, then there is a rebuttal presumption that the test results are accurate unless, after consultation, you demonstrate to the satisfaction of the permitting authority that the test results are not accurate and that the formulation data are more appropriate.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 70 FR 75927, Dec. 21, 2005]

Notification, Reports, and Records

§63.8070   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), 63.9(b) through (h) that apply to you by the dates specified.

(b) Initial notification. (1) As specified in §63.9(b)(2), if you have an existing affected source on December 11, 2003, you must submit an initial notification not later than 120 calendar days after December 11, 2003.

(2) As specified in §63.9(b)(3), if you start up your new affected source on or after December 11, 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 process vessels in Table 1 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.

§63.8075   What reports must I submit and when?

(a) You must submit each report in Table 9 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 as specified in Table 9 to this subpart and paragraphs (b)(1) and (2) of this section.

(1) The compliance reports must be submitted semiannually. The first report must be submitted no later than 240 days after the applicable compliance date and shall cover the 6-month period beginning on the compliance date. Each subsequent compliance report must cover the 6-month period following the preceding period.

(2) 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 Table 9.

(c) Precompliance report. You must submit a precompliance report to request approval of any of the information in paragraphs (c)(1) through (4) 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.

(1) Requests for approval to set operating limits for parameters other than those specified in §§63.8005 through 63.8025, including parameters for enhanced biological treatment units. 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 §63.8000(d)(3) are operating as designed.

(3) A description of the test conditions, data, calculations, and other information used to establish operating limits according to §63.8005(e)(1).

(4) If you comply with emissions averaging in §63.8050, the data and results of emission calculations as specified in §63.8050(c)(1) through (3), and rationale for why the sum of actual emissions will be less than the sum of emissions if the process vessels were controlled in accordance with Table 1 to this subpart as specified in §63.8050(c)(4).

(d) Notification of compliance status report. You must submit a notification of compliance status report according to the schedule in paragraph (d)(2) of this section, and the notification of compliance status report must include 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 §63.7995.

(2) The notification of compliance status report must include the information in paragraphs (d)(3)(i) through (vi) of this section.

(i) The results of any applicability determinations (e.g., HAP content of coating products; halogenated vent stream determinations; group determinations for storage tanks, wastewater, and transfer operations; and equipment that is in organic HAP service).

(ii) The results of performance tests, engineering analyses, design evaluations, flare compliance assessments, inspections and repairs, and calculations used to demonstrate initial compliance according to §§63.8005 through 63.8025 and 63.8055. 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) Identification of parts of the affected source that are subject to overlapping requirements described in §63.8090 and the authority under which you will comply.

(v) Identify storage tanks for which you are complying with the vapor balancing alternative in §63.8010(e).

(vi) If you transfer Group 1 wastewater stream to an offsite facility for treatment, include the name and location of the transferee and a description of the Group 1 wastewater stream that is sent to the treatment facility. If the offsite facility provides enhanced biological treatment, also include the certification required by §63.8020(d) that the offsite facility will comply with the requirements of this subpart.

(e) Compliance report. The compliance report must contain the information specified in paragraphs (e)(1) through (8) 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) Applicable records and information for periodic reports as specified in referenced subparts F, SS, TT, UU, and WW of this part 63.

(5) For each SSM during which excess emissions occur, the compliance report must include the information specified in paragraphs (e)(5)(i) and (ii) of this section.

(i) 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.

(ii) A description of each malfunction.

(6) The compliance report must contain the information on deviations, as defined in §63.8105, according to paragraphs (e)(6)(i), (ii), and (iii) 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 standards in this subpart, you must include the information in paragraphs (e)(6)(ii)(A) through (C) of this section.

(A) The total operating time of each 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 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 the emission limit in this subpart, you must include the information in paragraphs (e)(6)(iii)(A) through (K) 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 source operating time 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 source operating time during that reporting period.

(G) An identification of each HAP that is known to be in the emission stream or wastewater stream, as applicable.

(H) A description of the product being produced.

(I) Identification of the CMS.

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

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

(7) 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.

(8) Notification of process change. (i) Except as specified in paragraph (e)(8)(ii) of this section, whenever you change any of the information submitted in either the notification of compliance status report or any previously reported change to the notification of compliance status report, you must document the change in your compliance report. The notification must include all of the information in paragraphs (e)(8)(i)(A) and (B) of this section.

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

(B) 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 paragraphs (e)(8)(ii)(A), (B), or (C) of this section.

(A) Any change to the information contained in either the precompliance report or any previously reported change to the precompliance report.

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

(C) A change in compliance status.

§63.8080   What records must I keep?

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

(a) Each applicable record required by subpart A of this part 63 and in referenced subparts SS, TT, UU, and WW of this part 63.

(b) If complying with emissions averaging, records of the monthly number of batches for each process vessel, the quarterly actual emissions for each process vessel, the quarterly estimated emissions for each process vessel if it had been controlled as specified in Table 1 to this subpart, and comparison of the sums of the quarterly actual and estimated emissions as specified in §63.8050(d).

(c) A record of each time a safety device is opened to avoid unsafe conditions in accordance with §63.8000(b)(2).

(d) Records of the results of each CPMS calibration check and the maintenance performed, as specified in §63.8000(d)(5).

(e) For each CEMS, you must keep the 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.

(f) In the SSMP required by §63.6(e)(3), you are not required to include Group 2 or non-affected emission points. For equipment leaks only, the SSMP requirement is limited to control devices and is optional for other equipment.

(g) If you establish separate operating limits as allowed in §63.8005(e), you must maintain a log of operation or a daily schedule indicating the time when you change from one operating limit to another.

Other Requirements and Information

§63.8090   What compliance options do I have if part of my plant is subject to both this subpart and another subpart?

(a) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/or CC. (1) After the compliance dates specified in §63.7995, 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 (a), 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 required for the compliance report in §63.8075(e), and you must identify in the notification of compliance status report required by §63.8075(d) the monitoring, recordkeeping, and reporting authority under which you will comply.

(2) After the compliance dates specified in this section, if any equipment at an affected source that is subject to this subpart 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 part 264 and/or 265 may be used to comply with the recordkeeping and reporting requirements of §63.1255, to the extent that the requirements of 40 CFR part 264 and/or 265 duplicate the requirements of this subpart. You must identify in the notification of compliance status report required by §63.8075(d) if you will comply with the recordkeeping and reporting authority under 40 CFR part 264 and/or 265.

(b) Compliance with 40 CFR part 60, subpart Kb. After the compliance dates specified in §63.7995, you are in compliance with this subpart for any storage tank that is assigned to miscellaneous coating manufacturing operations and that is both controlled with a floating roof and in compliance with the provisions of 40 CFR part 60, subpart Kb. You are in compliance with this subpart if you have a storage tank with a fixed roof, closed-vent system, and control device in compliance with 40 CFR part 60, subpart Kb, you must comply with the monitoring, recordkeeping, and reporting requirements in this subpart. You must also identify in your notification of compliance status report required by §63.8075(d) which storage tanks are in compliance with 40 CFR part 60, subpart Kb.

(c) Compliance with 40 CFR part 63, subpart FFFF. After the compliance dates specified in §63.7995, an affected source under this subpart HHHHH that includes equipment that is also part of an affected source under 40 CFR part 63, subpart FFFF is deemed in compliance with this subpart HHHHH if all of the conditions specified in paragraphs (c)(1) through (5) of this section are met.

(1) Equipment used for both miscellaneous coating manufacturing operations and as part of a miscellaneous organic chemical manufacturing process unit (MCPU), as defined in §63.2435, must be part of a process unit group developed in accordance with the provisions in §63.2535(l).

(2) For the purposes of complying with §63.2535(l), a miscellaneous coating manufacturing “process unit” consists of all coating manufacturing equipment that is also part of an MCPU in the process unit group. All miscellaneous coating manufacturing operations that are not part of a process unit group must comply with the requirements of this subpart HHHHH.

(3) The primary product for a process unit group that includes miscellaneous coating manufacturing equipment must be organic chemicals as described in §63.2435(b)(1).

(4) The process unit group must be in compliance with the requirements in 40 CFR part 63, subpart FFFF as specified in §63.2535(l)(3)(i) no later than the applicable compliance dates specified in §63.2445.

(5) You must include in the notification of compliance status report required in §63.8070(d) the records as specified in §63.2535(l)(1) through (3).

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006]

§63.8095   What parts of the General Provisions apply to me?

Table 10 to this subpart shows which parts of the General Provisions in §§63.1 through 63.15 apply to you.

§63.8100   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 §63.8000(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.

§63.8105   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 §§63.8000(d)(5)(ii) and (7), 63.8010(c)(2), 63.8025(b), and paragraph (g) of this section.

(b) For an affected source complying with the requirements in subpart TT of this part 63, the terms used in this subpart and in subpart TT of this part 63 have the meaning given them in §63.1001.

(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 §§63.8000(d)(7), 63.8010(c)(2), and paragraph (g) of this section.

(e) 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 §63.8000(d)(7) and paragraph (g) of this section.

(f) For an affected source complying with the requirements of §63.104, the terms used in this subpart and in §63.104 have the meaning given them in §63.101, except as specified in §63.8000(d)(7) and paragraph (g) of this section.

(g) All other terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this paragraph (g). If a term is defined in §63.2, §63.981, §63.1001, §63.1020, §63.1061, or §63.1251 and in this paragraph (g), the definition in this paragraph (g) applies for the purposes of this subpart.

Bulk loading means the loading, into a tank truck or rail car, of liquid coating products that contain one or more of the organic HAP, as defined in section 112 of the CAA, from a loading rack. A loading rack is the system used to fill tank trucks and railcars at a single geographic site.

Coating means a material such as paint, ink, or adhesive that is intended to be applied to a substrate and consists of a mixture of resins, pigments, solvents, and/or other additives, where the material is produced by a manufacturing operation where materials are blended, mixed, diluted, or otherwise formulated. Coating does not include materials made in processes where a formulation component is synthesized by chemical reaction or separation activity and then transferred to another vessel where it is formulated to produce a material used as a coating, where the synthesized or separated component is not stored prior to formulation. Typically, coatings include products described by the following North American Industry Classification System (NAICS) codes, code 325510, Paint and Coating Manufacturing, code 325520, Adhesive and Sealant Manufacturing, and code 325910, Ink Manufacturing.

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

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;

(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.

Enhanced biological treatment system means an aerated, thoroughly mixed treatment unit(s) that contains biomass suspended in water followed by a clarifier that removes biomass from the treated water and recycles recovered biomass to the aeration unit. The mixed liquor volatile suspended solids (biomass) is greater than 1 kilogram per cubic meter throughout each aeration unit. The biomass is suspended and aerated in the water of the aeration unit(s) either by submerged air flow or mechanical agitation. A thoroughly mixed treatment unit is a unit that is designed and operated to approach or achieve uniform biomass distribution and organic compound concentration throughout the aeration unit by quickly dispersing the recycled biomass and the wastewater entering the unit.

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

Group 1a storage tank means a storage tank at an existing source with a capacity greater than or equal to 20,000 gal storing material that has a maximum true vapor pressure of total organic HAP greater than or equal to 1.9 pounds per square inch, absolute (psia). Group 1a storage tank also means a storage tank at a new source with either a capacity greater than or equal to 25,000 gal storing material that has a maximum true vapor pressure of total HAP greater than or equal to 0.1 psia or a capacity greater than or equal to 20,000 gal and less than 25,000 gal storing material that has a maximum true vapor pressure of total HAP greater than or equal to 1.5 psia.

Group 1b storage tank means a storage tank at a new source that has a capacity greater than or equal to 10,000 gal, stores material that has a maximum true vapor pressure of total organic HAP greater than or equal to 0.02 psia, and is not a Group 1a storage tank.

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

Group 1 transfer operations means all bulk loading of coating products if the coatings contain greater than or equal to 3.0 million gallons per year (gal/yr) of HAP with a weighted average HAP partial pressure greater than or equal to 1.5 psia.

Group 2 transfer operations means bulk loading of coating products that does not meet the definition of Group 1 transfer operations, and all loading of coating products from a loading rack to other types of containers such as cans, drums, and totes.

Group 1 wastewater stream means a wastewater stream that contains total partially soluble and soluble HAP at an annual average concentration greater than or equal to 4,000 parts per million by weight (ppmw) and load greater than or equal to 750 pounds per year (lb/yr) at an existing source or greater than or equal to 1,600 ppmw and any partially soluble and soluble HAP load at a new source.

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

Halogenated vent stream means a vent stream determined to contain halogen atoms in organic compounds at a concentration greater than or equal to 20 ppmv as determined by the procedures specified in §63.8000(b).

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

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.

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

Maximum true vapor pressure means the equilibrium partial pressure exerted by the total organic HAP in the stored or transferred liquid at the temperature equal to the highest calendar-month average of the liquid storage or transfer temperature for liquids stored or transferred above or below the ambient temperature or at the local maximum monthly average temperature as reported by the National Weather Service for liquids stored or transferred at the ambient temperature, as determined:

(1) In accordance with methods described in American Petroleum Institute Publication 2517, Evaporative Loss From External Floating-Roof Tanks (incorporated by reference as specified in §63.14 of subpart A of this part 63); or

(2) As obtained from standard reference texts; or

(3) As determined by the American Society for Testing and Materials Method D2879-83 (incorporated by reference as specified in §63.14 of subpart A of this part); or

(4) Any other method approved by the Administrator.

Partially soluble HAP means HAP listed in Table 7 of this subpart.

Point of determination (POD) means each point where process wastewater exits the miscellaneous coating operations.

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 partially soluble and soluble HAP compounds as determined in §63.144. 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.

Process vessel means any stationary or portable tank or other vessel with a capacity greater than or equal to 250 gal and in which mixing, blending, diluting, dissolving, temporary holding, and other processing steps occur in the manufacturing of a coating.

Process vessel vent means a vent from a process vessel or vents from multiple process vessels 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. Emission streams that are undiluted and uncontrolled containing less than 50 ppmv HAP, as determined through process knowledge that no HAP are present in the emission stream or using an engineering assessment as discussed in §63.1257(d)(2)(ii), 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, are not considered process vessel vents. Flexible elephant trunk systems when used with closed vent systems and drawing ambient air (i.e., the system is not ducted, piped, or otherwise connected to the unit operations) away from operators when vessels are opened are not process vessel vents. Process vessel vents do not include vents on storage tanks, wastewater emission sources, or pieces of equipment subject to the requirements in Table 3 of this subpart. A gas stream going to a fuel gas system is not a process vessel vent. A gas stream routed to a process for a process purpose is not a process vessel vent.

Recovery device, as used in the wastewater provisions, means an individual unit of equipment 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. Examples of equipment that may be recovery devices include organic removal devices such as decanters, strippers, or thin-film evaporation units. To be a recovery device, a decanter and any other equipment based on the operating principle of gravity separation must receive only multi-phase liquid streams. A recovery device is considered part of the miscellaneous coating manufacturing operations.

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 an affected source, any process vessels within an affected source, or equipment required or used to comply with this subpart if steps taken to cease operation differ from those under routine procedures for removing the vessel or equipment from service. Shutdown also applies to the emptying and degassing of storage tanks.

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

Soluble HAP means the HAP listed in Table 8 of this subpart.

Startup means the setting in operation of a new affected source. For new equipment added to an affected source, including equipment required or used to comply with this subpart, startup means the first time the equipment is put into operation. Startup includes the setting in operation of equipment any time the steps taken differ from routine procedures for putting the equipment into operation.

Storage tank means a tank or other vessel that is used to store organic liquids that contain one or more HAP as raw material feedstocks or products. 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; and

(5) Process vessels.

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

Wastewater storage tank means a stationary structure that is designed to contain an accumulation of wastewater and is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Wastewater stream means water that is discarded from miscellaneous coating manufacturing operations through a POD, and that contains an annual average concentration of total partially soluble and soluble HAP compounds of at least 1,600 ppmw at any flow rate. For the purposes of this subpart, noncontact cooling water is not considered a wastewater stream.

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 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 71 FR 58503, Oct. 4, 2006]

Table 1 to Subpart HHHHH of Part 63—Emission Limits and Work Practice Standards for Process Vessels

As required in §63.8005, you must meet each emission limit and work practice standard in the following table that applies to your process vessels.

For each .  .  . You must .  .  . And you must .  .  .
1. Portable process vessel at an existing sourcea. Equip the vessel with a cover or lid that must be in place at all times when the vessel contains a HAP, except for material additions and samplingNonapplicable.
2. Stationary process vessel at an existing sourcea. Equip the vessel with a cover or lid that must be in place at all times when the vessel contains a HAP, except for material additions and sampling; ori. Considering both capture and any combination of control (except a flare), reduce emissions of organic HAP with a vapor existing pressure ≥0.6 kPa by ≥75 percent by weight, and reduce emissions of organic HAP with a vapor pressure <0.6 kPa by ≥60 percent by weight.
   b. Equip the vessel with a tightly fitting vented cover or lid that must be closed at all times when the vessel contains HAP, except for material additions and samplingi. Reduce emissions of organic HAP with a vapor pressure ≥0.6 kPa by ≥75 percent by weight, and reduce emissions of organic HAP with a vapor pressure <0.6 kPa by ≥60 percent by weight, 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 from a non-halogenated vent stream through a closed-vent system to a flare; or
iii. Reduce emissions of total organic HAP by venting emissions through a closed-vent system to a condenser that reduces the outlet gas temperature to:
   <10 °C if the process vessel contains HAP with a partial pressure <0.6 kPa, or
   <2 °C if the process vessel contains HAP with a partial pressure ≥0.6 kPa and <17.2 kPa, or
   <−5 °C if the process vessel contains HAP with a partial pressure ≥17.2 kPa.
3. Portable and stationary process vessel at a new sourcea. Equip the vessel with a tightly fitting vented cover or lid that must be closed at all times when the vessel contains HAP, except for material additions and samplingi. Reduce emissions of total organic HAP by ≥95 percent by weight 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 from a non-halogenated vent stream through a closed-vent system to a flare; or
iii. Reduce emissions of total organic HAP by venting emissions through a closed-vent system to a condenser that reduces the outlet gas temperature to:
<−4 °C if the process vessel contains HAP with a partial pressure <0.7 kPa, or
   <−20 °C if the process vessel contains HAP with a partial pressure ≥0.7 kPa and <17.2 kPa, or
   <−30 °C if the process vessel contains HAP with a partial pressure ≥17.2 kPa.
4. Halogenated vent steam from a process vessel subject to the requirements of item 2 or 3 of this table for which you use a combustion control 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 ≥95 percent; or
ii. Reduce overall emissions of hydrogen halide and halogen HAP to ≤0.45 kilogram per hour (kg/hr).
   b. Use a halogen reduction device before the combustion control deviceReduce the halogen atom mass emission rate to ≤0.45 kg/hr.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005]

Table 2 to Subpart HHHHH of Part 63—Emission Limits for Storage Tanks

As required in §63.8010, you must meet each emission limit in the following table that applies to your storage tanks.

For each .  .  . Then you must .  .  .
1. Group 1a storage tanka. Comply with the requirements of subpart WW of this part, except as specified in §63.8010(b); or
   b. Reduce total organic HAP emissions from the storage tank by ≥90 percent by weight by venting emissions through a closed-vent system to any combination of control devices (excluding a flare); or
   c. Reduce total organic HAP emissions from the storage tank by venting emissions from a non-halogenated vent stream through a closed-vent system to a flare.
2. Group 1b storage tanka. Comply with the requirements of subpart WW of this part, except as specified in §63.8010(b); or
   b. Reduce total organic HAP emissions from the storage tank by ≥80 percent by weight by venting emissions through a closed-vent system to any combination of control devices (excluding a flare); or
   c. Reduce total organic HAP emissions from the storage tank by venting emissions from a non-halogenated vent stream through a closed-vent system to a flare.

Table 3 to Subpart HHHHH of Part 63—Requirements for Equipment Leaks

As required in §63.8015, you must meet each requirement in the following table that applies to your equipment leaks.

For all .  .  . You must .  .  .
1. Equipment that is in organic HAP service at an existing sourcea. Comply with the requirements in §§63.424(a) through (d) and 63.428(e), (f), and (h)(4), except as specified in §63.8015(b); or
b. Comply with the requirements of subpart TT of this part; or
   c. Comply with the requirements of subpart UU of this part, except as specified in §63.8015(c) and (d).
2. Equipment that is in organic HAP service at a new sourcea. Comply with the requirements of subpart TT of this part; or
b. Comply with the requirements of subpart UU of this part, except as specified in §63.8015(c) and (d).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69021, Nov. 29, 2006]

Table 4 to Subpart HHHHH of Part 63—Emission Limits and Work Practice Standards for Wastewater Streams

As required in §63.8020, you must meet each emission limit and work practice standard in the following table that applies to your wastewater streams.

For each .  .  . You must .  .  .
1. Wastewater tank used to store a Group 1 wastewater streamMaintain a fixed roof, which may have openings necessary for proper venting of the tank, such as pressure/vacuum vent or j-pipe vent.
2. Group 1 wastewater streama. Convey using hard-piping and treat the wastewater as a hazardous waste in accordance with 40 CFR part 264, 265, or 266 either onsite or offsite; or
   b. If the wastewater contains <50 ppmw of partially soluble HAP, you may elect to treat the wastewater in an enhanced biological treatment system that is located either onsite or offsite.

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

As required in §63.8025, you must meet each emission limit and work practice standard in the following table that applies to your transfer operations.

For each .  .  . You must. .  .  .
1. Group 1 transfer operation vent streama. Reduce emissions of total organic HAP by ≥75 percent by weight 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 from a non-halogenated vent stream through a closed-vent system to a flare; or
   c. 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 operation 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 ≥95 percent by weight or to ≤0.45 kg/hr; or
b. Use a halogen reduction device before the combustion device to reduce the halogen atom mass emission rate to ≤0.45 kg/hr.

Table 6 to Subpart HHHHH of Part 63—Requirements for Heat Exchange Systems

As required in §63.8030, 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 in §63.104, except as specified in §63.8030.

Table 7 to Subpart HHHHH of Part 63—Partially Soluble Hazardous Air Pollutants

As specified in §63.8020, the partially soluble HAP in wastewater that are subject to management and treatment requirements in this subpart 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. 2-Butanone (MEK)78933
11. 1,4-Dichlorobenzene106467
12. 2-Nitropropane79469
13. 4-Methyl-2-pentanone (MIBK)108101
14. Acetaldehyde75070
15. Acrolein107028
16. Acrylonitrile107131
17. Allyl chloride107051
18. Benzene71432
19. Benzyl chloride100447
20. Biphenyl92524
21. Bromoform (tribromomethane)75252
22. Bromomethane74839
23. Butadiene106990
24. Carbon disulfide75150
25. Chlorobenzene108907
26. Chloroethane (ethyl chloride)75003
27. Chloroform67663
28. Chloromethane74873
29. Chloroprene126998
30. Cumene98828
31. Dichloroethyl ether111444
32. Dinitrophenol51285
33. Epichlorohydrin106898
34. Ethyl acrylate140885
35. Ethylbenzene100414
36. Ethylene oxide75218
37. Ethylidene dichloride75343
38. Hexachlorobenzene118741
39. Hexachlorobutadiene87683
40. Hexachloroethane67721
41. Methyl methacrylate80626
42. Methyl-t-butyl ether1634044
43. Methylene chloride75092
44. N-hexane110543
45. N,N-dimethylaniline121697
46. Naphthalene91203
47. Phosgene75445
48. Propionaldehyde123386
49. Propylene oxide75569
50. Styrene100425
51. Tetrachloroethylene (perchloroethylene)127184
52. Tetrachloromethane (carbon tetrachloride)56235
53. Toluene108883
54. Trichlorobenzene (1,2,4-)120821
55. Trichloroethylene79016
56. Trimethylpentane540841
57. Vinyl acetate108054
58. Vinyl chloride75014
59. Xylene (m)108383
60. Xylene (o)95476
61. Xylene (p)106423

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25683, May 13, 2005]

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

As specified in §63.8020, the soluble HAP in wastewater that are subject to management and treatment requirements of this subpart 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 69185, Dec. 11, 2003, as amended at 70 FR 25683, May 13, 2005]

Table 9 to Subpart HHHHH of Part 63—Requirements for Reports

As required in §63.8075(a) and (b), you must submit each report that applies to you on the schedule shown in the following table:

You must submit a .  .  . The report must contain .  .  . You must submit the report .  .  .
1. Precompliance reportThe information specified in §63.8075(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 §63.8075(d)No later than 150 days after the compliance date specified in §63.7995.
3. Compliance reportThe information specified in §63.8075(e)Semiannually according to the requirements in §63.8075(b).

Table 10 to Subpart HHHHH of Part 63—Applicability of General Provisions to Subpart HHHHH

As specified in §63.8095, the parts of the General Provisions that apply to you are shown in the following table:

CitationSubjectExplanation
§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)SSMPYes, except information regarding Group 2 emission points and equipment leaks is not required in the SSMP, as specified in §63.8080(f).
§63.6(e)(3)(iii) and (iv)Recordkeeping and Reporting During Startup, Shutdown, and Malfunction (SSM)No, §§63.998(d)(3) and 63.998(c)(1)(ii)(D) through (G) specify the recordkeeping requirement for SSM events, and §63.8075(e)(5) specifies reporting requirements.
§63.6(e)(3)(ix)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)CAA 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 process vessels.
§63.7(d)Testing FacilitiesYes.
§63.7(e)(1)Conditions for Conducting Performance TestsYes, except that performance tests for process vessels must be conducted under worst-case conditions as specified in §63.8005.
§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)Maintain and operate CMSYes.
§63.8(c)(1)(ii)Routine repairsYes.
§63.8(c)(1)(iii)SSMP for CMSYes.
§63.8(c)(2)-(3)Monitoring System InstallationYes.
§63.8(c)(4)RequirementsOnly for CEMS; requirements for CPMS are specified in referenced subpart SS of 40 CFR part 63. This subpart does not contain requirements for continuous opacity monitoring systems (COMS).
§63.8(c)(4)(i)CMS RequirementsNo. This subpart does not require COMS.
§63.8(c)(4)(ii)CMS requirementsYes.
§63.8(c)(5)COMS Minimum ProceduresNo. This subpart does not contain opacity or VE limits.
§63.8(c)(6)CMS RequirementsOnly for CEMS; requirements for CPMS are specified in referenced subpart SS of 40 CFR part 63.
§63.8(c)(7)-(8)CMS RequirementsOnly for CEMS. Requirements for CPMS are specified in referenced subpart SS of 40 CFR part 63.
§63.8(d)CMS Quality ControlOnly for CEMS; requirements for CPMS are specified in referenced subpart SS of 40 CFR part 63.
§63.8(e)CMS Performance EvaluationSection 63.8(e)(6)(ii) does not apply because this subpart does not require COMS. Other sections apply only for CEMS; requirements for CPMS are specified in referenced subpart SS of 40 CFR part 63.
§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 for CEMS.
§63.8(g)(1)-(4)Data ReductionOnly when using CEMS, except §63.8(g)(2) does not apply because data reduction requirements for CEMS are specified in §63.8000(d)(4)(iv).
   The requirements for COMS do not apply because this subpart has no opacity or VE limits.
§63.8(g)(5)Data ReductionNo. Requirements for CEMS are specified in §63.8000(d)(4).
   Requirements for CPMS are specified in referenced subpart SS of 40 CFR 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. This subpart does not contain opacity or VE limits.
§63.9(g)Additional Notifications When Using CMSOnly for CEMS; requirements for CPMS are specified in referenced subpart SS of 40 CFR part 63.
§63.9(h)(1)-(6)Notification of Compliance StatusYes, except this subpart has no opacity or VE limits, and §63.9(h)(2) does not apply because §63.8075(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, §63.8075(e)(8) specifies reporting requirements for process changes.
§63.10(a)Recordkeeping/ReportingYes.
§63.10(b)(1)Recordkeeping/ReportingYes.
§63.10(b)(2)(i)-(iv)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 subpart SS of 40 CFR part 63.
§63.10(b)(2)(vii)-(ix)RecordsYes.
§63.10(b)(2)(xii)RecordsYes.
§63.10(b)(2)(xiii)RecordsYes.
§63.10(b)(2)(xiv)RecordsYes.
§63.10(b)(3)RecordsYes.
§63.10(c)(1)-(6),(9)-(15)RecordsOnly for CEMS; requirements for CPMS are specified in referenced subpart SS of 40 CFR part 63.
§63.10(c)(7)-(8)RecordsNo. Recordkeeping requirements are specified in §63.8080.
§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. This subpart does not contain opacity or VE limits.
§63.10(d)(4)Progress ReportsYes.
§63.10(d)(5)(i)SSM ReportsNo, §63.8075(e)(5) and (6) specify the SSM reporting requirements.
§63.10(d)(5)(ii)Immediate SSM reportsNo.
§63.10(e)(1)-(2)Additional CMS ReportsOnly for CEMS, but §63.10(e)(2)(ii) does not apply because this subpart does not require COMS.
§63.10(e)(3)ReportsNo. Reporting requirements are specified in §63.8075.
§63.10(e)(3)(i)-(iii)ReportsNo. Reporting requirements are specified in §63.8075.
§63.10(e)(3)(iv)-(v)Excess Emissions ReportsNo. Reporting requirements are specified in §63.8075.
§63.10(e)(3)(vi-viii)Excess Emissions Report and Summary ReportNo. Reporting requirements are specified in §63.8075.
§63.10(e)(4)Reporting COMS dataNo. This subpart does not contain opacity or VE limits.
§63.10(f)Waiver for Recordkeeping/ReportingYes.
§63.11Control and work practice requirementsYes
§63.12DelegationYes.
§63.13AddressesYes.
§63.14Incorporation by ReferenceYes.
§63.15Availability of InformationYes.

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 73 FR 78216, Dec. 22, 2008]



For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara.gov.
For questions concerning e-CFR programming and delivery issues, email webteam@gpo.gov.