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Electronic Code of Federal Regulations

e-CFR Data is current as of July 28, 2014

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


Subpart MMMMM—National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations


Contents

What This Subpart Covers

§63.8780   What is the purpose of this subpart?
§63.8782   Am I subject to this subpart?
§63.8784   What parts of my plant does this subpart cover?
§63.8786   When do I have to comply with this subpart?

Emission Limitations

§63.8790   What emission limitations must I meet?

General Compliance Requirements

§63.8794   What are my general requirements for complying with this subpart?

Testing and Initial Compliance Requirements

§63.8798   By what date must I conduct performance tests or other initial compliance demonstrations?
§63.8800   What performance tests and other procedures must I use to demonstrate compliance with the emission limit for flame lamination?
§63.8802   What methods must I use to demonstrate compliance with the emission limitation for loop slitter adhesive use?
§63.8806   How do I demonstrate initial compliance with the emission limitations?

Continuous Compliance Requirements

§63.8810   How do I monitor and collect data to demonstrate continuous compliance?
§63.8812   How do I demonstrate continuous compliance with the emission limitations?

Notification, Reports, and Records

§63.8816   What notifications must I submit and when?
§63.8818   What reports must I submit and when?
§63.8820   What records must I keep?
§63.8822   In what form and how long must I keep my records?

Other Requirements and Information

§63.8826   What parts of the General Provisions apply to me?
§63.8828   Who implements and enforces this subpart?
§63.8830   What definitions apply to this subpart?
Table 1 to Subpart MMMMM of Part 63—Emission Limits
Table 2 to Subpart MMMMM of Part 63—Operating Limits for New or Reconstructed Flame Lamination Affected Sources
Table 3 to Subpart MMMMM of Part 63—Performance Test Requirements for New or Reconstructed Flame Lamination Affected Sources
Table 4 to Subpart MMMMM of Part 63—Initial Compliance With Emission Limits
Table 5 to Subpart MMMMM of Part 63—Continuous Compliance With Emission Limits and Operating Limits
Table 6 to Subpart MMMMM of Part 63—Requirements for Reports
Table 7 to Subpart MMMMM of Part 63—Applicability of General Provisions to Subpart MMMMM

Source: 68 FR 18070, Apr. 14, 2003, unless otherwise noted.

What This Subpart Covers

§63.8780   What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous air pollutants (NESHAP) emitted from flexible polyurethane foam fabrication operations. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission standards.

§63.8782   Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a flexible polyurethane foam fabrication plant site that operates a flame lamination affected source, as defined at §63.8784(b)(2), and that is located at, or is part of a major emission source of hazardous air pollutants (HAP) or that operates a loop slitter affected source, as defined at §63.8784(b)(1), that meets the criteria in paragraphs (a)(1) and (2) of this section.

(1) The loop slitter affected source uses one or more HAP-based adhesives at any time on or after April 14, 2003.

(2) The loop slitter affected source is located at or is part of a major source of HAP.

(b) A flexible polyurethane foam fabrication plant site is a plant site where pieces of flexible polyurethane foam are bonded together or to other substrates using HAP-based adhesives or flame lamination.

(c) A major source of HAP is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year.

(d) This subpart does not apply to the following processes in paragraphs (d)(1) and (2) of this section:

(1) Processes that produce flexible polyurethane or rebond foam as defined in subpart III of this part.

(2) A research and development facility, as defined in section 112(c)(7) of the Clean Air Act (CAA).

§63.8784   What parts of my plant does this subpart cover?

(a) This subpart applies to each existing, new, or reconstructed affected source at facilities engaged in flexible polyurethane foam fabrication.

(b) The affected sources are defined in this section in paragraphs (b)(1) and (2) of this section.

(1) The loop slitter adhesive use affected source is the collection of all loop slitters and associated adhesive application equipment used to apply HAP-based adhesives to bond foam to foam at a flexible polyurethane foam fabrication plant site.

(2) The flame lamination affected source is the collection of all flame lamination lines associated with the flame lamination of foam to any substrate at a flexible polyurethane foam fabrication plant site.

(c)(1) A new affected source is one that commences construction after August 8, 2001 and meets the applicability criteria of §63.8782 at the time construction commences.

(2) If you add one or more flame lamination lines at a plant site where flame lamination lines already exist, the added line(s) shall be a new affected source and meet new source requirements if the added line(s) has the potential to emit 10 tons per year or more of any HAP or 25 tons or more per year of any combination of HAP.

(d) A reconstructed affected source is one that commences reconstruction after August 8, 2001 and meets the criteria for reconstruction as defined in §63.2.

(e) For each new or reconstructed flame lamination affected source, you must develop a written startup, shutdown, and malfunction plan according to the provisions in §63.6(e)(3).

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

§63.8786   When do I have to comply with this subpart?

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

(1) If you start up your new or reconstructed affected source before April 14, 2003, then you must comply with the emission standards for new or reconstructed sources in this subpart no later than April 14, 2003.

(2) If you start up your new or reconstructed affected source on or after April 14, 2003, then you must comply with the emission standards for new or reconstructed sources in this subpart upon startup of your affected source.

(b) If you have an existing loop slitter affected source, you must comply with the emission standards for existing sources no later than 1 year after April 14, 2003.

(c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP and an affected source subject to this subpart, the provisions in paragraphs (c)(1) and (2) of this section apply.

(1) A new affected source as specified at §63.8784(c) or a reconstructed affected source as specified at §63.8784(d) must be in compliance with this subpart upon startup.

(2) An existing affected source as specified at §63.8784(e) must be in compliance with this subpart no later than 1 year after the date on which the area source became a major source.

(d) You must meet the notification requirements in §63.8816 according to the schedule in §63.8816 and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emission standards in this subpart.

(e) If you have a loop slitter affected source, you must have data on hand beginning on the compliance date specified in paragraph (b) of this section as necessary to demonstrate that your adhesives are not HAP-based. The types of data necessary are described in §§63.8802 and 63.8810.

Emission Limitations

§63.8790   What emission limitations must I meet?

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

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

General Compliance Requirements

§63.8794   What are my general requirements for complying with this subpart?

(a) For each loop slitter adhesive use affected source, you must be in compliance with the requirements in this subpart at all times.

(b) For each new or reconstructed flame lamination affected source, you must be in compliance with the requirements in this subpart at all times, except during periods of startup, shutdown, and malfunction.

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

(d) During the period between the compliance date specified for your new or reconstructed flame lamination affected source in §63.8786, and the date upon which continuous compliance monitoring systems have been installed and verified and any applicable operating limits have been set, you must maintain a log detailing the operation and maintenance of the process and emissions control equipment.

(e) For each new or reconstructed flame lamination affected source, you must develop a written startup, shutdown, and malfunction plan according to the provisions in §63.6(e)(3).

(f) For each monitoring system required in this section for new or reconstructed flame lamination sources, you must develop and submit for approval a site-specific monitoring plan that addresses the requirements in paragraphs (f)(1) through (3) of this section.

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

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

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

(g) In your site-specific monitoring plan, you must also address the ongoing procedures specified in paragraphs (g)(1) through (3) of this section.

(1) Ongoing operation and maintenance procedures in accordance with the general requirements of §§63.8(c)(1), (3), (4)(ii), (7), and (8), and 63.8804;

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

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

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR n20470, Apr. 20, 2006]

Testing and Initial Compliance Requirements

§63.8798   By what date must I conduct performance tests or other initial compliance demonstrations?

(a) For each loop slitter affected source, you must conduct the initial compliance demonstration by the compliance date that is specified for your source in §63.8786.

(b) For each new or reconstructed flame lamination affected source, you must conduct performance tests within 180 calendar days after the compliance date that is specified for your source in §63.8786 and according to the provisions in §63.7(a)(2).

§63.8800   What performance tests and other procedures must I use to demonstrate compliance with the emission limit for flame lamination?

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

(b) Each performance test must be conducted according to the requirements in §63.7(e)(1) and under the specific conditions in Table 3 to this subpart.

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

(d) You must conduct at least three separate test runs for each performance test required in this section, as specified in §63.7(e)(3). Each test run must last at least 1 hour.

(e) You must determine the percent reduction of HAP emissions during the performance test according to paragraphs (e)(1) through (3) of this section.

(1) If you use chlorinated fire retardant foams, determine the percent reduction of HCl to represent HAP emissions from the source. If you do not use chlorinated fire retardant foams, determine the percent reduction of HCN to represent HAP emissions from the source.

(2) Calculate the concentration of HAP at the control device inlet and at the control device outlet using the procedures in the specified test method.

(3) Compare the calculated HAP concentration at the control device inlet to the calculated HAP concentration at the control device outlet to determine the percent reduction over the period of the performance test, using Equation 1 of this section:

eCFR graphic er14ap03.000.gif

View or download PDF

Where:

R=Efficiency of control device, percent.

Einlet,i = HAP concentration of control device inlet stream for test run i, mg/dscm.

Eoutlet,i = HAP concentration of control device outlet stream for test run i, mg/dscm.

n=Number of runs conducted for the performance test.

(f) You must also meet the requirements in paragraphs (f)(1) and (2) of this section.

(1) Conduct the performance tests using foams that are representative of foams typically used at your flame lamination affected source. If you use foams containing chlorinated fire retardants, you must conduct the performance tests using these foams.

(2) Establish all applicable operating limits that correspond to the control system efficiency as described in Table 3 to this subpart.

§63.8802   What methods must I use to demonstrate compliance with the emission limitation for loop slitter adhesive use?

(a) Determine the HAP content for each material used. To determine the HAP content for each material used in your foam fabrication operations, you must use one of the options in paragraphs (a)(1) through (3) of this section. If you use the option in paragraph (a)(3) of this section, you are subject to the provisions of paragraph (a)(4) of this section.

(1) Method 311 (appendix A to 40 CFR part 63). You may use Method 311 for determining the mass fraction of HAP. Use the procedures specified in paragraphs (a)(1)(i) and (ii) of this section when determining HAP content by Method 311.

(i) Include in the HAP total each HAP that is measured to be present at 0.1 percent by mass or more for Occupational Safety and Health Administration (OSHA)-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 percent of the material by mass, you do not need to include it in the HAP total. Express the mass fraction of each HAP you measure as a value truncated to four places after the decimal point (for example, 0.1234).

(ii) Calculate the total HAP content in the test material by adding up the individual HAP contents and truncating the result to three places after the decimal point (for example, 0.123).

(2) Alternative method. 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.

(3) Information from the supplier or manufacturer of the material. You may rely on information other than that generated by the test methods specified in paragraphs (a)(1) and (2) of this section to determine the mass fraction of HAP according to paragraphs (a)(3)(i) and (ii) of this section. This information may include, but is not limited to, a material safety data sheet (MSDS), a certified product data sheet (CPDS), or a manufacturer's hazardous air pollutant data sheet.

(i) Include in the HAP total each 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. For example, if toluene (not an OSHA carcinogen) is 0.5 percent of the material by mass, you do not have to include it in the HAP total.

(ii) If the HAP content is provided by the material supplier or manufacturer as a range, then you must use the upper limit of the range for determining compliance.

(4) Verification of supplier or manufacturer information. Although you are not required to perform testing to verify the information obtained according to paragraph (a)(3) of this section, the Administrator may require a separate measurement of the total HAP content using the methods specified in paragraph (a)(1) or (2) of this section. If this measurement exceeds the total HAP content provided by the material supplier or manufacturer, then you must use the measured HAP content to determine compliance.

(b) [Reserved]

§63.8806   How do I demonstrate initial compliance with the emission limitations?

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

(b) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you according to the requirements in §63.8800 and Table 3 to this subpart.

(c) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §63.8816(e) through (h).

Continuous Compliance Requirements

§63.8810   How do I monitor and collect data to demonstrate continuous compliance?

(a) If you own or operate a loop slitter adhesive use affected source, you must meet the requirements in paragraphs (a)(1) and (2) of this section.

(1) Maintain a list of each adhesive and the manufacturer or supplier of each.

(2) Maintain a record of EPA Method 311 (appendix A to 40 CFR part 63), approved alternative method, or other reasonable means of HAP content determinations indicating the mass percent of each HAP for each adhesive.

(b) If you own or operate a new or reconstructed flame lamination affected source, you must meet the requirements in paragraphs (b)(1) through (3) of this section if you use a scrubber, or paragraph (b)(4) of this section if you use any other control device.

(1) Keep records of the daily average scrubber inlet liquid flow rate.

(2) Keep records of the daily average scrubber effluent pH.

(3) If you use a venturi scrubber, keep records of daily average pressure drop across the venturi.

(4) Keep records of operating parameter values for each operating parameter that applies to you.

(c) If you own or operate a new or reconstructed flame lamination affected source, you must meet the requirements in paragraphs (c)(1) through (4) of this section.

(1) Except for periods of monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously (or collect data at all required intervals) at all times that the affected source is operating. This includes periods of startup, shutdown, and malfunction when the affected source is operating. A monitoring malfunction includes, but is not limited to, any sudden, infrequent, not reasonably preventable failure of the monitoring device to provide valid data. Monitoring failures that are caused by poor maintenance or careless operation are not malfunctions.

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

(3) You must conduct a performance evaluation of each CMS in accordance with your site-specific monitoring plan.

(4) You must operate and maintain the CMS in continuous operation according to the site-specific monitoring plan.

§63.8812   How do I demonstrate continuous compliance with the emission limitations?

(a) You must demonstrate continuous compliance with each emission limit and operating limit in Tables 1 and 2 to this subpart that applies to you according to the methods specified in Table 5 to this subpart.

(b) You must report each instance in which you did not meet each emission limit and each operating limit in Tables 1 and 2 to this subpart that apply to you. For new or reconstructed flame lamination affected sources, this includes periods of startup, shutdown, and malfunction. These instances are deviations from the operating limits in this subpart. These deviations must be reported according to the requirements in §63.8818.

(c) [Reserved]

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

(e) You also must meet the following requirements if you are complying with the adhesive use ban for loop slitter adhesive use described in §63.8790(a).

(1) If, after you submit the Notification of Compliance Status, you use an adhesive for which you have not previously verified percent HAP mass using the methods in §63.8802, you must verify that each adhesive used in the affected source meets the emission limit, using any of the methods in §63.8802.

(2) You must update the list of all the adhesives used at the affected source.

(3) With the compliance report for the reporting period during which you used the new adhesive, you must submit the updated list of all adhesives and a statement certifying that, as purchased, each adhesive used at the affected source during the reporting period met the emission limit in Table 1 to this subpart.

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006]

Notification, Reports, and Records

§63.8816   What notifications must I submit and when?

(a) You must submit all of the notifications in §§63.7(b) and (c), 63.8(f), and 63.9(b) through (h) that apply to you.

(b) If you own or operate an existing loop slitter or flame lamination affected source, submit an initial notification no later than 120 days after April 14, 2003.

(c) If you own or operate a new or reconstructed loop slitter or flame lamination affected source, submit the application for construction or reconstruction required by §63.9(b)(1)(iii) in lieu of the initial notification.

(d) If you own or operate a new or reconstructed flame lamination affected source, submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin, as required in §63.7(b)(1).

(e) If you own or operate a loop slitter affected source, submit a Notification of Compliance Status according to §63.9(h)(2)(ii) within 60 days of the compliance date specified in §63.8786.

(f) If you own or operate a new or reconstructed flame lamination affected source, submit a Notification of Compliance Status according to §63.9(h)(2)(ii) that includes the results of the performance test conducted according to the requirements in Table 3 to this subpart. You must submit the notification before the close of business on the 60th calendar day following the completion of the performance test according to §63.10(d)(2).

(g) For each new or reconstructed flame lamination affected source, the Notification of Compliance Status must also include the information in paragraphs (g)(1) and (2) that applies to you.

(1) The operating parameter value averaged over the full period of the performance test (for example, average pH).

(2) The operating parameter range within which HAP emissions are reduced to the level corresponding to meeting the applicable emission limits in Table 1 to this subpart.

(h) For each loop slitter adhesive use affected source, the Notification of Compliance Status must also include the information listed in paragraphs (h)(1) and (2) of this section.

(1) A list of each adhesive used at the affected source, its HAP content (percent by mass), and the manufacturer or supplier of each.

(2) A statement certifying that each adhesive that was used at the affected source during the reporting period met the emission limit in Table 1 to this subpart.

§63.8818   What reports must I submit and when?

(a) You must submit each report in Table 6 to this subpart that applies to you.

(b) Unless the Administrator has approved a different schedule for submission of reports under §63.10(a), you must submit each compliance report for new or reconstructed flame lamination affected sources semiannually according to paragraphs (b)(1) through (4) of this section.

(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in §63.8786 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in §63.8786.

(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in §63.8786.

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

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

(c) For each loop slitter adhesive use affected source, you may submit annual compliance reports in place of semiannual reports.

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

(e) The compliance report must contain the information in paragraphs (e)(1) through (5) of this section.

(1) Company name and address.

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

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

(4) If there are no deviations from any emission limitations (emission limit or operating limit) that applies to you, a statement that there were no deviations from the emission limitations during the reporting period.

(5) For each deviation from an emission limitation that occurs, the compliance report must contain the information specified in paragraphs (e)(5)(i) through (iii) of this section.

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

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

(iii) Information on the number, duration, and cause for continuous parameter monitoring system (CPMS) downtime incidents, if applicable, other than downtime associated with zero and span and other daily calibration checks.

(f) The compliance report for a new or reconstructed flame lamination affected source must also contain the following information in paragraphs (f)(1) through (3) of this section.

(1) If you had a startup, shutdown or malfunction at your new or reconstructed flame lamination affected source during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in §63.10(d)(5)(i).

(2) If there were no periods during which the CPMS was out-of-control in accordance with the monitoring plan, a statement that there were no periods during which the CPMS was out-of-control during the reporting period.

(3) If there were periods during which the CPMS was out-of-control in accordance with the monitoring plan, the date, time, and duration of each out-of-control period.

(g) The compliance report for a loop slitter adhesive use affected source must also contain the following information in paragraphs (g)(1) and (2) of this section.

(1) For each annual reporting period during which you use an adhesive that was not included in the list submitted with the Notification of Compliance Status in §63.8816(h) (1), an updated list of all adhesives used at the affected source.

(2) A statement certifying that each adhesive that was used at the affected source during the reporting period met the emission limit in Table 1 to this subpart.

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

(i) For each startup, shutdown, or malfunction during the reporting period where the source does not meet the emission limitations set out in §63.8790 that occurs at a new or reconstructed flame lamination affected source and that is not consistent with your startup, shutdown, and malfunction plan, you must submit an immediate startup, shutdown and malfunction report.

(1) An initial report containing a description of the actions taken for the event must be submitted by fax or telephone within 2 working days after starting actions inconsistent with the plan.

(2) A followup report containing the information listed in §63.10(d)(5)(ii) must be submitted within 7 working days after the end of the event unless you have made alternative reporting arrangements with the permitting authority.

§63.8820   What records must I keep?

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

(b) For each new or reconstructed flame lamination affected source, you must also keep the following records specified in paragraphs (b)(1) through (4) of this section.

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

(2) Records of performance tests, as required in §63.10(b)(2)(viii).

(3) Records of operating parameter values.

(4) 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.

(c) For each loop slitter adhesive use affected source, you must keep the following records specified in paragraphs (c)(1) and (2) of this section.

(1) A list of each adhesive and the manufacturer or supplier of each.

(2) A record of EPA Method 311 (appendix A to 40 CFR part 63), approved alternative method, or other reasonable means of determining the mass percent of total HAP for each adhesive used at the affected source.

§63.8822   In what form and how long must I keep my records?

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

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

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

Other Requirements and Information

§63.8826   What parts of the General Provisions apply to me?

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

§63.8828   Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S. Environmental Protection Agency (U.S. EPA), or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated 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 paragraph (c) of this section are retained by the Administrator of U.S. EPA and are not transferred to the State, local, or tribal agency.

(c) The authorities in paragraphs (c)(1) through (4) that cannot be delegated to State, local, or tribal agencies are as follows:

(1) Approval of alternatives to requirements in §§63.8780, 63.8782, 63.8784, 63.8786, and 63.8790.

(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.

§63.8830   What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows:

Adhesive means any chemical substance that is applied for the purpose of bonding foam to foam, foam to fabric, or foam to any other substrate, other than by mechanical means. Products used on humans and animals, adhesive tape, contact paper, or any other product with an adhesive incorporated onto it in an inert substrate shall not be considered adhesives under this subpart.

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

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

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

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

Emission limitation means any emission limit or operating limit.

Flame lamination means the process of bonding flexible foam to one or more layers of material by heating the foam surface with an open flame.

Flame lamination line means the flame laminator and associated rollers.

HAP-based adhesive means an adhesive containing 5 percent (by weight) or more of HAP, according to EPA Method 311 (appendix A to 40 CFR part 63) or another approved alternative.

Loop slitter means a machine used to create thin sheets of foam from the large blocks of foam or “buns” created at a slabstock flexible polyurethane foam production plant.

Research and development process means a laboratory or pilot plant operation whose primary purpose is to conduct research and development into new processes and products where the operations are under the close supervision of technically trained personnel, and which is not engaged in the manufacture of products for commercial sale, except in a de minimis manner.

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

Table 1 to Subpart MMMMM of Part 63—Emission Limits

As stated in §63.8790(a), you must comply with the emission limits in the following table:

For .  .  . You must .  .  .
1. Each existing, new, or reconstructed loop slitter adhesive use affected sourceNot use any HAP-based adhesives.
2. Each new or reconstructed flame lamination affected sourceReduce HAP emissions by 90 percent.
3. Each existing flame lamination affected sourcesThere are no emission limits for existing flame lamination sources. However, you must submit an initial notification per §63.8816(b).

Table 2 to Subpart MMMMM of Part 63—Operating Limits for New or Reconstructed Flame Lamination Affected Sources

As stated in §63.8790(b), you must comply with the operating limits in the following table:

For each .  .  . You must .  .  .
1. Scrubbera. Maintain the daily average scrubber inlet liquid flow rate above the minimum value established during the performance test.
   b. Maintain the daily average scrubber effluent pH within the operating range value established during the performance test.
   c. If you use a venturi scrubber, maintain the daily average pressure drop across the venturi within the operating range value established during the performance test.
2. Other type of control device to which flame lamination emissions are ductedMaintain your operating parameter(s) within the ranges established during the performance test and according to your monitoring plan.

Table 3 to Subpart MMMMM of Part 63—Performance Test Requirements for New or Reconstructed Flame Lamination Affected Sources

As stated in §63.8800, you must comply with the requirements for performance tests for new or reconstructed flame lamination affected sources in the following table using the requirements in rows 1 through 5 of the table if you are measuring HCl and using a scrubber, row 6 if you are measuring HCN and using a scrubber, and row 7 if you are using any other control device.

For each new or reconstructed flame lamination affected source, you must .  .  . Using .  .  . According to the following requirements .  .  .
1. Select sampling port's location and the number of traverse portsMethod 1 or 1A in appendix A to part 60 of this chapterSampling sites must be located at the inlet and outlet of the scrubber and prior to any releases to the atmosphere.
2. Determine velocityMethod 2, 2A, 2C, 2D, 2F, or 2G in appendix A to part 60 of this chapter.
3. Determine gas molecular weightNot applicableAssume a molecular weight of 29 (after moisture correction) for calculation purposes.
4. Measure moisture content of the stack gasMethod 4 in appendix A to part 60 of this chapter.
5. Measure HCl concentration if you use chlorinated fire retardants in the laminated foama. Method 26A in appendix A to part 60 of this chapteri. Measure total HCl emissions and determine the reduction efficiency of the control device using Method 26A.
ii. Collect scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for venturi scrubbers) every 15 minutes during the entire duration of each 1-hour test run, and determine the average scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for Venturi scrubbers) over the period of the performance test by computing the average of all of the 15-minute readings.
6. Measure HCN concentration if you do not use chlorinated fire retardants in the laminated foama. A method approved by the Administratori. Conduct the performance test according to the site-specific test plan submitted according to §63.7(c)(2)(i). Measure total HCN emissions and determine the reduction efficiency of the control device. Any performance test which measures HCN concentrations must be submitted for the administrator's approval prior to testing. You must use EPA Method 301 (40 CFR part 63, Appendix A) to validate your method.
   ii. Collect scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for venturi scrubbers) every 15 minutes during the entire duration of each 1-hour test run, and determine the average scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for venturi scrubbers) over the period of the performance test by computing the average of all of the 15-minute readings.
7. Determine control device efficiency and establish operating parameter limits with which you will demonstrate continuous compliance with the emission limit that applies to the source if you use any control device other than a scrubbera. EPA-approved methods and data from the continuous parameter monitoring systemi. Conduct the performance test according to the site-specific test plan submitted according to §63.7(c)(2)(i).
ii. Collect operating parameter data as specified in the site-specific test plan.

Table 4 to Subpart MMMMM of Part 63—Initial Compliance With Emission Limits

As stated in §63.8806, you must comply with the requirements to demonstrate initial compliance with the applicable emission limits in the following table:

For .  .  . For the following emission limit .  .  . You have demonstrated initial compliance if .  .  .
1. Each new, reconstructed, or existing loop slitter adhesive use affected sourceEliminate use of HAP-based adhesivesYou do not use HAP-based adhesives.
2. Each new or reconstructed flame lamination affected source using a scrubberReduce HAP emissions by 90 percentThe average HAP emissions, measured over the period of the performance test(s), are reduced by 90 percent.
3. Each new or reconstructed flame lamination affected source using any other control device emissions byReduce HAP emissions by 90 percentThe average HAP emissions, measured over the period of the performance test(s), are reduced by 90 percent.

Table 5 to Subpart MMMMM of Part 63—Continuous Compliance With Emission Limits and Operating Limits

As stated in §63.8812(a), you must comply with the requirements to demonstrate continuous compliance with the applicable emission limits or operating limits in the following table:

For .  .  . For the following emission limits or operating limits .  .  . You must demonstrate continuous compliance by .  .  .
1. Each new, reconstructed, or existing loop slitter affected sourceEliminate use of HAP-based adhesivesNot using HAP-based adhesives.
2. Each new or reconstructed flame lamination affected source using a scrubbera. Maintain the daily average scrubber inlet liquid flow rate above the minimum value established during the performance
b. Maintain the daily average scrubber effluent pH within the operating range established during the performance test
c. Maintain the daily average pressure drop across the venturi within the operating range established during the performance test. If you use another type of scrubber (e.g., packed bed or spray tower scrubber), monitoring pressure drop is not required
i. Collecting the scrubber inlet liquid flow rate and effluent pH monitoring data according to §63.8804(a) through (c).
ii. Reducing the data to 1-hour and daily block averages according to the requirements in §63.8804(a).
iii. Maintaining each daily average scrubber inlet liquid flow rate above the minimum value established during the performance test.
iv. Maintaining the daily average scrubber effluent pH within the operating range established during the performance test.
v. If you use a venturi scrubber, maintaining the daily average pressure drop across the venturi within the operating range established during the performance test.
3. Each new or reconstructed flame lamination affected source using any other control devicea. Maintain the daily average operating parameters above the minimum value established during the performance test, or within the range established during the performance test, as applicablei. Collected the operating parameter data according to the site-specific test plan.
ii. Reducing the data to one-hour averages according to the requirements in §63.8804(a).
iii. Maintaining the daily average during the rate above the minimum value established during the performance test, or within the range established during the performance test, as applicable.

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

As stated in §63.8818(a), you must submit a compliance report that includes the information in §63.8818(e) through (g) as well as the information in the following table. Rows 1 and 3 of the following table apply to loop slitter affected sources. Rows 1 through 5 apply to flame lamination affected sources. You must also submit startup, shutdown, and malfunction reports according to the requirements in the following table if you own or operate a new or reconstructed flame lamination affected source.

If .  .  . Then you must submit a report or statement that .  .  .
1. There are no deviations from any emission limitations that apply to youThere were no deviations from the emission limitations during the reporting period.
2. There were no periods during which the operating parameter monitoring systems were out-of-control in accordance with the monitoring planThere were no periods during which the CPMS were out-of-control during the reporting period.
3. There was a deviation from any emission limitation during the reporting periodContains the information in §63.8818(e)(5).
4. There were periods during which the operating parameter monitoring systems were out-of-control in information in accordance with the monitoring planContains the information in §63.8818(f)(3).
5. There was a startup, shutdown, or malfunction where the source did not meet the emission limitations set out in §63.8790 at a new or reconstructed flame lamination affected source during the reporting period that is not consistent with your startup, shutdown, and malfunction plan.Contains the information in §63.8818(i).

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

As stated in §63.8826, you must comply with the applicable General Provisions requirements according to the following table:

Citation Requirement Applies to subpart MMMMM Explanation
§63.1Initial applicability determination; applicability after standard established; permit requirements; extensions; notificationsYes.
§63.2DefinitionsYesAdditional definitions are found in §63.8830.
§63.3Units and abbreviationsYes.
§63.4Prohibited activities; compliance date; circumvention, severabilityYes.
§63.5Construction/reconstruction applicability; applications; approvalsYes.
§63.6(a)Compliance with standards and maintenance requirements-applicabilityYes.
§63.6(b)(1)-(4)Compliance dates for new or reconstructed sourcesYes§63.8786 specifies compliance dates.
§63.6(b)(5)Notification if commenced construction or reconstruction after proposalYes.
§63.6(b)(6)[Reserved]Yes.
§63.6(b)(7)Compliance dates for new or reconstructed area sources that become majorYes§63.8786 specifies compliance dates.
§63.6(c)(1)-(2)Compliance dates for existing sourcesYes§63.8786 specifies compliance dates.
§63.6(c)(3)-(4)[Reserved]Yes.
§63.6(c)(5)Compliance dates for existing area sources that become majorYes§63.8786 specifies compliance dates.
§63.6(d)[Reserved]Yes.
§63.6(e)(1)Operation and maintenance requirementsYes.
§63.6(e)(2)[Reserved]Yes.
§63.6(e)(3)Startup, shutdown, and malfunction plansYesOnly applies to new or reconstructed flame lamination affected sources.
§63.6(f)(1)Compliance except during SSMYesOnly applies to new or reconstructed flame lamination affected sources.
§63.6(f)(2)-(3)Methods for determining complianceYes.
§63.6(g)Use of an alternative nonopacity emission standardYes.
§63.6(h)Compliance with opacity/visible emission standardsNoSubpart MMMMM does not specify opacity or visible emission standards.
§63.6(i)Extension of compliance with emission standardsYes.
§63.6(j)Presidential compliance exemptionYes.
§63.7(a)(1)-(2)Performance test datesYesExcept for loop slitter affected sources as specified in §63.8798(a).
§63.7(a)(3)Administrator's section 114 authority to require a performance testYes.
§63.7(b)Notification of performance test and reschedulingYes.
§63.7(c)Quality assurance program and site-specific test plansYes.
§63.7(d)Performance testing facilitiesYes.
§63.7(e)(1)Conditions for conducting performance testsYes.
§63.7(f)Use of an alternative test methodYes.
§63.7(g)Performance test data analysis, recordkeeping, and reportingYes.
§63.7(h)Waiver of performance testsYes.
§63.8(a)(1)-(2)Applicability of monitoring requirementsYesUnless otherwise specified, all of §63.8 applies only to new or reconstructed flame lamination sources. Additional monitoring requirements for these sources are found in §§63.8794(f) and (g) and 63.8804.
§63.8(a)(3)[Reserved]Yes.
§63.8(a)(4)Monitoring with flaresNoSubpart MMMMM does not refer directly or indirectly to §63.11.
§63.8(b)Conduct of monitoring and procedures when there are multiple effluents and multiple monitoring systemsYes.
§63.8(c)(1)-(3)Continuous monitoring system (CMS) operation and maintenanceYesApplies as modified by §63.8794(f) and (g).
§63.8(c)(4)Continuous monitoring system requirements during breakdown, out-of-control, repair, maintenance, and high-level calibration driftsYesApplies as modified by §63.8794(g).
§63.8(c)(5)Continuous opacity monitoring system (COMS) minimum proceduresNoSubpart MMMMM does not have opacity or visible emission standards.
§63.8(c)(6)Zero and high level calibration checksYesApplies as modified by §63.8794(f).
§63.8(c)(7)-(8)Out-of-control periods, including reportingYes.
§63.8(d)-(e)Quality control program and CMS performance evaluationNoApplies as modified by §63.8794(f) and (g).
§63.8(f)(1)-(5)Use of an alternative monitoring methodYes.
§63.8(f)(6)Alternative to relative accuracy testNoOnly applies to sources that use continuous emissions monitoring systems (CEMS).
§63.8(g)Data reductionYesApplies as modified by §63.8794(g).
§63.9(a)Notification requirements—applicabilityYes.
§63.9(b)Initial notificationsYesExcept §63.8816(c) requires new or reconstructed affected sources to submit the application for construction or reconstruction required by §63.9(b)(1)(iii) in lieu of the initial notification.
§63.9(c)Request for compliance extensionYes.
§63.9(d)Notification that a new source is subject to special compliance requirementsYes.
§63.9(e)Notification of performance testYes.
§63.9(f)Notification of visible emissions/opacity testNoSubpart MMMMM does not have opacity or visible emission standards.
§63.9(g)(1)Additional CMS notifications—date of CMS performance evaluationYes.
§63.9(g)(2)Use of COMS dataNoSubpart MMMMM does not require the use of COMS.
§63.9(g)(3)Alternative to relative accuracy testingNoApplies only to sources with CEMS.
§63.9(h)Notification of compliance statusYes.
§63.9(i)Adjustment of submittal deadlinesYes.
§63.9(j)Change in previous informationYes.
§63.10(a)Recordkeeping/reporting applicabilityYes.
§63.10(b)(1)General recordkeeping requirementsYes§§63.8820 and 63.8822 specify additional recordkeeping requirements.
§63.10(b)(2)(i)-(xi)Records related to startup, shutdown, and malfunction periods and CMSYesOnly applies to new or reconstructed flame lamination affected sources.
§63.10(b)(2)(xii)Records when under waiverYes.
§63.10(b)(2)(xiii)Records when using alternative to relative accuracy testNoApplies only to sources with CEMS.
§63.10(b)(2)(xiv)All documentation supporting initial notification and notification of compliance statusYes
§63.10(b)(3)Recordkeeping requirements for applicability determinationsYes.
§63.10(c)Additional recordkeeping requirements for sources with CMSYesApplies as modified by §63.8794(g).
§63.10(d)(1)General reporting requirementsYes§63.8818 specifies additional reporting requirements.
§63.10(d)(2)Performance test resultsYes
§63.10(d)(3)Opacity or visible emissions observationsNoSubpart MMMMM does not specify opacity or visible emission standards.
§63.10(d)(4)Progress reports for sources with compliance extensionsYes.
§63.10(d)(5)Startup, shutdown, and malfunction reportsYesOnly applies to new or reconstructed flame lamination affected sources.
§63.10(e)(1)Additional CMS reports—generalYesApplies as modified by §63.8794(g).
§63.10(e)(2)(i)Results of CMS performance evaluationsYesApplies as modified by §63.8794(g).
§63.10(e)(2)Results of continuous opacity monitoring systems performance evaluationsNoSubpart MMMMM does require the use of COMS.
§63.10(e)(3)Excess emissions/CMS performance reportsYesOnly applies to new or reconstructed flame lamination affected sources.
§63.10(e)(4)Continuous opacity monitoring system data reportsNoSubpart MMMMM does not require the use of COMS.
§63.10(f)Recordkeeping/reporting waiverYes
§63.11.Control device requirements—applicabilityNoFacilities subject to subpart MMMMM do not use flares as control devices.
§63.12State authority and delegationsYes§63.8828 lists those sections of subparts MMMMM and A that are not delegated.
§63.13AddressesYes.
§63.14Incorporation by referenceYesSubpart MMMMM does not incorporate any material by reference.
§63.15Availability of information/confidentiality.Yes.


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