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Electronic Code of Federal Regulations

e-CFR data is current as of December 3, 2019

Title 40Chapter ISubchapter CPart 63 → Subpart VVV


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


Subpart VVV—National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works


Contents

Applicability

§63.1580   Am I subject to this subpart?
§63.1581   Does the subpart distinguish between different types of POTW treatment plants?

Requirements for Group 1 POTW Treatment Plants

§63.1582   [Reserved]
§63.1583   What are the emission points and control requirements for a Group 1 POTW treatment plant?
§63.1584   [Reserved]
§63.1585   How does a Group 1 POTW treatment plant demonstrate compliance?

Requirements for Group 1 and Group 2 POTW Treatment Plants

§63.1586   What are the emission points and control requirements for a Group 1 or Group 2 POTW?
§63.1587   When do I have to comply?
§63.1588   How do Group 1 and Group 2 POTW treatment plants demonstrate compliance?
§63.1589   What records must I keep?
§63.1590   What reports must I submit?
§63.1591   What are my notification requirements?
§63.1592   Which General Provisions apply to my POTW treatment plant?
§63.1593   [Reserved]
§63.1594   Who enforces this subpart?
§63.1595   List of definitions.
Table 1 to Subpart VVV of Part 63—Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
Table 2 to Subpart VVV of Part 63—Compliance Dates and Requirements

Source: 82 FR 49525, Oct. 26, 2017, unless otherwise noted.

Applicability

§63.1580   Am I subject to this subpart?

(a) You are subject to this subpart if the following are all true:

(1) You own or operate a publicly owned treatment works (POTW) that includes an affected source (§63.1595);

(2) The affected source is located at a Group 2 POTW which is a major source of HAP emissions, or at any Group 1 POTW regardless of whether or not it is a major source of HAP; and

(3) Your POTW is required to develop and implement a pretreatment program as defined by 40 CFR 403.8, or your POTW meets the general criteria for development and implementation of a pretreatment program.

(b) If your existing POTW treatment plant is not located at a major source as of October 26, 1999, but thereafter becomes a major source for any reason other than reconstruction, then, for the purpose of this subpart, your POTW treatment plant would be considered an existing source.

Note to paragraph (b): See §63.2 of the National Emission Standards for Hazardous Air Pollutants (NESHAP) General Provisions in subpart A of this part for the definitions of major source and area source.

(c) If you commence construction or reconstruction of your POTW treatment plant after December 1, 1998, then the requirements for a new POTW apply.

§63.1581   Does the subpart distinguish between different types of POTW treatment plants?

Yes, POTW treatment plants are divided into two subcategories: Group 1 POTW treatment plants and Group 2 POTW treatment plants, as described in paragraphs (a) through (c) of this section.

(a) Your POTW is a Group 1 POTW treatment plant if an industrial user complies with its NESHAP by using the treatment and controls located at your POTW treatment plant. Your POTW treatment plant accepts the regulated waste stream and provides treatment and controls as an agent for the industrial user. Group 1 POTW treatment plant is defined in §63.1595.

(b) Your POTW is a Group 2 POTW treatment plant if your POTW treats wastewater that is not subject to control by another NESHAP or the industrial user does not comply with its NESHAP by using the treatment and controls located at your POTW treatment plant. “Group 2 POTW treatment plant” is defined in §63.1595.

(c) If, in the future, an industrial user complies with its NESHAP by using the treatment and controls located at your POTW treatment plant, then your Group 2 POTW treatment plant becomes a Group 1 POTW treatment plant on the date your POTW begins treating that regulated industrial wastewater stream.

Requirements for Group 1 POTW Treatment Plants

§63.1582   [Reserved]

§63.1583   What are the emission points and control requirements for a Group 1 POTW treatment plant?

(a) The emission points and control requirements for an existing Group 1 POTW treatment plant are specified in the appropriate NESHAP for the industrial user(s).

(b) The emission points and control requirements for a new Group 1 POTW treatment plant are both those specified by the appropriate NESHAP which apply to the industrial user(s) who discharge their waste for treatment to the POTW, and those emission points and control requirements set forth in §63.1586(b) or (c), as applicable.

(c) If your existing or new Group 1 POTW treatment plant accepts one or more specific regulated industrial waste streams as part of compliance with one or more other NESHAP, then you are subject to all the requirements of each appropriate NESHAP for each waste stream.

(d) At all times, the POTW must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the POTW to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.

§63.1584   [Reserved]

§63.1585   How does a Group 1 POTW treatment plant demonstrate compliance?

(a) An existing Group 1 POTW treatment plant demonstrates compliance by operating treatment and control devices which meet all requirements specified in the appropriate NESHAP. Requirements may include performance tests, routine monitoring, recordkeeping, and reporting.

(b) A new Group 1 POTW treatment plant demonstrates compliance by operating treatment and control devices which meet all requirements specified in the appropriate NESHAP and by meeting the requirements specified in §63.1586, as applicable, as well as the applicable requirements in §§63.1588 through 63.1595.

Requirements for Group 1 and Group 2 POTW Treatment Plants

§63.1586   What are the emission points and control requirements for a Group 1 or Group 2 POTW?

(a) An existing Group 1 or Group 2 POTW treatment plant must comply with the initial notification requirements in §63.1591(a).

(b) Cover and control standard. Except as provided in paragraph (c) of this section, new Group 1 and Group 2 POTW treatment plants must install covers on the emission points up to, but not including, the secondary influent pumping station or the secondary treatment units. These emission points are treatment units that include, but are not limited to, influent waste stream conveyance channels, bar screens, grit chambers, grinders, pump stations, aerated feeder channels, primary clarifiers, primary effluent channels, and primary screening stations. In addition, all covered units, except primary clarifiers, must have the air in the headspace underneath the cover ducted to a control device in accordance with the standards for closed-vent systems and control devices in §63.693 of subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-site Waste and Recovery Operations of this part, except you may substitute visual inspections for leak detection rather than Method 21 of appendix A-7 of part 60 of this chapter. Covers must meet the following requirements:

(1) Covers must be tightly fitted and designed and operated to prevent exposure of the wastewater to the atmosphere. This includes, but is not limited to, the absence of visible cracks, holes, or gaps in the roof sections or between the roof and the supporting wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.

(2) If wastewater is in a treatment unit, each opening in the cover must be maintained in a closed, sealed position, unless plant personnel are present and conducting wastewater or sludge sampling, or equipment inspection, maintenance, or repair.

(c) HAP fraction emitted standard. As an alternative to the requirements in paragraph (b) of this section, a new Group 1 and Group 2 POTW treatment plant may comply by demonstrating, for all emission points up to, but not including, the secondary influent pumping station or the secondary treatment units, that the annual rolling average HAP fraction emitted (calculated as specified in §63.1588(c)(3)) does not exceed 0.014. You must demonstrate that for your POTW treatment plant, the sum of all HAP emissions from these units divided by the sum of all HAP mass loadings to the POTW treatment plant results in an annual rolling average of the HAP fraction emitted of no greater than 0.014. You may use any combination of pretreatment, wastewater treatment plant modifications, and control devices to achieve this performance standard.

(d) At all times, the POTW must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the POTW to make any further efforts to reduce emissions if the requirements of the applicable standard have been met. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.

§63.1587   When do I have to comply?

Sources subject to this subpart are required to achieve compliance on or before the dates specified in table 2 of this subpart.

§63.1588   How do Group 1 and Group 2 POTW treatment plants demonstrate compliance?

(a) If you are complying with §63.1586(b) by using covers, you must conduct the following inspections:

(1) You must visually check the cover and its closure devices for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the supporting wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.

(2) You must perform an initial visual inspection within 60 calendar days of becoming subject to this NESHAP and perform follow-up inspections at least once per year, thereafter.

(3) In the event that you find a defect on a cover on a treatment unit in use, you must repair the defect within 45 calendar days. If you cannot repair within 45 calendar days, you must notify the EPA or the delegated authority immediately and report the reason for the delay and the date you expect to complete the repair. If you find a defect on a cover on a treatment unit that is not in service, you must repair the defect prior to putting the treatment unit back in wastewater service.

(b) If you own or operate a control device used to meet the requirements for §63.1586(b), you must comply with the inspection and monitoring requirements of §63.695(c) of subpart DD of this part.

(c) To comply with the HAP fraction emitted standard specified in §63.1586(c), you must develop, to the satisfaction of the Administrator, an Inspection and Monitoring Plan. This Inspection and Monitoring Plan must include, at a minimum, the following:

(1) A method to determine the influent HAP mass loading, i.e., the annual mass quantity for each HAP entering the wastewater treatment plant.

(2) A method to determine your POTW treatment plant's annual HAP emissions for all units up to, but not including, the secondary influent pumping station or the secondary treatment units. The method you use to determine your HAP emissions, such as modeling or direct source measurement, must:

(i) Be approved by the Administrator for use at your POTW;

(ii) Account for all factors affecting emissions from your POTW treatment plant including, but not limited to, emissions from wastewater treatment units; emissions resulting from inspection, maintenance, and repair activities; fluctuations (e.g., daily, monthly, annual, seasonal) in your influent wastewater HAP concentrations; annual industrial loading; performance of control devices; or any other factors that could affect your annual HAP emissions; and

(iii) Include documentation that the values and sources of all data, operating conditions, assumptions, etc., used in your method result in an accurate estimation of annual emissions from your POTW treatment plant.

(3) A method to demonstrate that your POTW treatment plant meets the HAP fraction emitted standard specified in §63.1586(c), i.e., the sum of all HAP emissions from paragraph (c)(2) of this section divided by the sum of all HAP mass loadings from paragraph (c)(1) of this section results in a fraction emitted of 0.014 or less to demonstrate compliance with §63.1586(c). The Inspection and Monitoring Plan must require, at a minimum, that you perform the calculations shown in paragraphs (c)(3)(i) through (viii) of this section within 90 days of the end of each month. This calculation shall demonstrate that your annual rolling average of the HAP fraction emitted is 0.014 or less when demonstrating compliance with §63.1586(c).

(i) Determine the average daily flow in million gallons per day (MGD) of the wastewater entering your POTW treatment plant for the month;

(ii) Determine the flow-weighted monthly concentration of each HAP listed in Table 1 to subpart DD of this part that is reasonably anticipated to be present in your influent;

(iii) Using the information in paragraphs (c)(3)(i) and (ii) of this section, determine a total annual flow-weighted loading in pounds per day (lbs/day) of each HAP entering your POTW treatment plant;

(iv) Sum up the values for each individual HAP loading in paragraph (c)(3)(iii) of this section and determine a total annual flow-weighted loading value (lbs/day) for all HAP entering your POTW treatment plant for the current month;

(v) Based on the current month's information in paragraph (c)(3)(iii) of this section along with source testing and emission modeling, for each HAP, determine the annual emissions (lbs/day) from all wastewater units up to, but not including, secondary treatment units;

(vi) Sum up the values in paragraph (c)(3)(v) of this section and calculate the total annual emissions value for the month for all HAP from all wastewater treatment units up to, but not including, secondary treatment units;

(vii) Calculate the HAP fraction emitted value for the month, using Equation 1 of this section as follows:

eCFR graphic er26oc17.018.gif

View or download PDF

Where:

femonthly = HAP fraction emitted for the previous month

∑E = Total HAP emissions value from paragraph (c)(3)(vi) of this section

∑L = Total annual loading from paragraph (c)(3)(iv) of this section

(viii) Average the HAP fraction emitted value for the month determined in paragraph (c)(3)(vii) of this section, with the values determined for the previous 11 months, to calculate an annual rolling average of the HAP fraction emitted.

(4) A method to demonstrate, to the satisfaction of the Administrator, that your POTW treatment plant is in continuous compliance with the requirements of §63.1586(c). Continuous compliance means that your emissions, when averaged over the course of a year, do not exceed the level of emissions that allows your POTW to comply with §63.1586(c). For example, you may identify a parameter(s) that you can monitor that assures your emissions, when averaged over the entire year, will meet the requirements in §63.1586(c). Some example parameters that may be considered for monitoring include your wastewater influent HAP concentration and flow, industrial loading from your permitted industrial users, and your control device performance criteria. Where emission reductions are due to proper operation of equipment, work practices, or other operational procedures, your demonstration must specify the frequency of inspections and the number of days to completion of repairs.

(d) Prior to receiving approval on the Inspection and Monitoring Plan, you must follow the plan submitted to the Administrator as specified in §63.1590(f).

§63.1589   What records must I keep?

(a) To comply with the cover and control standard specified in §63.1586(b), you must prepare and maintain the records required in paragraphs (a)(1) through (4) of this section:

(1) A record for each treatment unit inspection required by §63.1588(a). You must include a treatment unit identification number (or other unique identification description as selected by you) and the date of inspection.

(2) For each defect detected during inspections required by §63.1588(a), you must record the location of the defect, a description of the defect, the date of detection, the corrective action taken to repair the defect, and the date the repair to correct the defect is completed.

(3) If repair of the defect is delayed as described in §63.1588(a)(3), you must also record the reason for the delay and the date you expect to complete the repair.

(4) If you own or operate a control device used to meet the requirements for §63.1586(b), you must comply with the recordkeeping requirements of §63.696(a), (b), (g), and (h).

(b) To comply with the HAP fraction emitted standard specified in §63.1586(c), you must prepare and maintain the records required in paragraphs (b)(1) through (3) of this section:

(1) A record of the methods and data used to determine your POTW treatment plant's annual HAP loading and HAP emissions as determined in §63.1588(c)(1) and (2) as part of your Inspection and Monitoring Plan;

(2) A record of the methods and data used to determine that your POTW treatment plant meets the HAP fraction emitted standard of 0.014 or less, as determined in §63.1588(c)(3) as part of your Inspection and Monitoring Plan; and

(3) A record of the methods and data that demonstrates that your POTW treatment plant is in continuous compliance with the requirements of §63.1588(c)(4) to calculate annual emissions as specified in your Inspection and Monitoring Plan.

(c) The POTW must record the malfunction information specified in paragraphs (c)(1) through (3) of this section.

(1) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure, record the date, time, and duration of the failure.

(2) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the tons per year of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions.

(3) Record actions taken to minimize emissions in accordance with §63.1583(d) or §63.1586(d) and any corrective actions taken to return the affected unit to its normal or usual manner of operation.

(d) Any records required to be maintained by this part that are submitted electronically via the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation.

§63.1590   What reports must I submit?

(a) An existing Group 1 POTW must meet the reporting requirements specified in the appropriate NESHAP for the industrial user(s).

(b) A new Group 1 or Group 2 POTW must submit annual reports containing the information specified in paragraphs (b)(1) through (4) of this section, if applicable. You must submit annual reports following the procedure specified in paragraph (b)(5) of this section. For new units, the initial annual report is due 15 months after your POTW becomes subject to the requirements in this subpart and must cover the first 12 months of operation after your POTW becomes subject to the requirements of this subpart. Subsequent annual reports are due by the same date each year as the initial annual report and must contain information for the 12-month period following the 12-month period included in the previous annual report.

(1) The general information specified in paragraphs (b)(1)(i) and (ii) of this section must be included in all reports.

(i) The company name, POTW treatment plant name, and POTW treatment plant address, including county where the POTW is located; and

(ii) Beginning and ending dates of the reporting period.

(2) If you use covers to comply with the requirements of §63.1586(b), you must submit the following:

(i) The dates of each visual inspection conducted;

(ii) The defects found during each visual inspection; and

(iii) For each defect found during a visual inspection, how the defects were repaired, whether the repair has been completed, and either the date each repair was completed or the date each repair is expected to be completed.

(3) If you comply with the HAP fraction emitted standard in §63.1586(c), you must submit each value of the annual rolling average HAP fraction emitted as calculated in §63.1588(c)(3)(vii) for the period covered by the annual report. Identify each value by the final month included in the calculation.

(4) If a source fails to meet an applicable standard, report such events in the annual report. Report the number of failures to meet an applicable standard. For each instance, report the start date, start time, and duration of each failure, as well as a list of the affected sources or equipment. If you comply with the cover and control standard in §63.1586(b), for each failure, the report must include the percent control achieved. If you comply with the HAP fraction emitted standard in §63.1586(c), for each failure, the report must include the HAP fraction emitted. You must include an estimate of the tons per year of each regulated pollutant emitted over the emission limit and a description of the method used to estimate the emissions in the report.

(5) You must submit the report to the Administrator at the appropriate address listed in §63.13, unless the Administrator agrees to or species an alternate reporting method. Beginning on October 28, 2019 or once the reporting form has been available in CEDRI for 1 year, whichever is later, you must submit subsequent annual reports to the EPA via CEDRI. (CEDRI can be accessed through the EPA's Central Data Exchange (CDX)(https://cdx.epa.gov/)). You must use the appropriate electronic report template on the CEDRI Web site for this subpart or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the CEDRI Web site (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri). The date report templates become available in CEDRI will be listed on the CEDRI Web site. The reports must be submitted by the deadline specified in this subpart, regardless of the method in which the reports are submitted. If you claim that some of the information required to be submitted via CEDRI is confidential business information (CBI), you shall submit a complete report generated using the appropriate form in CEDRI or an alternate electronic file consistent with the extensible markup language (XML) schema listed on the EPA's CEDRI Web site, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA's CDX as described earlier in this paragraph.

(c) If you own or operate a control device used to meet the cover and control standard in §63.1586(b), you must submit the notifications and reports required by §63.697(b), including a notification of performance tests; a performance test report; a malfunction report; and a summary report. These notifications and reports must be submitted to the Administrator, except for performance test reports. Within 60 calendar days after the date of completing each performance test (as defined in §63.2) required by subpart DD of this part, you must submit the results of the performance test following the procedure specified in paragraphs (c)(1) through (3) of this section.

(1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site (https://www.epa/gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test, you must submit the results of the performance test to the EPA via CEDRI. Performance test data must be submitted in a file format generated through the use of the EPA's ERT or an alternate electronic file format consistent with the XML schema listed on the EPA's ERT Web site.

(2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in §63.13 of subpart A of this part, unless the Administrator agrees to or specifies an alternate reporting method.

(3) If you claim that some of the performance test information being submitted under paragraph (b)(1) of this section is CBI, you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (c)(1) of this section.

(d) You must comply with the delay of repair reporting required in §63.1588(a)(3).

(e) You may apply to the Administrator for a waiver of recordkeeping and reporting requirements by complying with the requirements of §63.10(f). Electronic reporting to the EPA cannot be waived.

(f) To comply with the HAP fraction emitted standard specified in §63.1586(c), you must submit, for approval by the Administrator, an Inspection and Monitoring Plan explaining your compliance approach 90 calendar days prior to beginning operation of your new POTW or by April 24, 2018, whichever is later.

(g) If you are required to electronically submit a report through the CEDRI in the EPA's CDX, and due to a planned or actual outage of either the EPA's CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.

(h) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). If you intend to assert a claim of force majeure, you must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.

§63.1591   What are my notification requirements?

(a) You must submit an initial notification that your POTW treatment plant is subject to these standards as specified in paragraphs (a)(1) and (2) of this section.

(1) If you have an existing Group 1 or Group 2 POTW treatment plant, you must submit an initial notification by October 26, 2018.

(2) If you have a new Group 1 or Group 2 POTW treatment plant, you must submit an initial notification upon startup.

(b) The initial notification must include the information included in paragraphs (b)(1) through (4) of this section.

(1) Your name and address;

(2) The address (i.e., physical location) of your POTW treatment plant;

(3) An identification of these standards as the basis of the notification and your POTW treatment plant's compliance date; and

(4) A brief description of the nature, size, design, and method of operation of your POTW treatment plant, including its operating design capacity and an identification of each point of emission for each HAP, or if a definitive identification is not yet possible, a preliminary identification of each point of emission for each HAP.

(c) You must submit a notification of compliance status as required in §63.9(h), as specified below:

(1) If you comply with §63.1586(b) and use covers on the emission points and route air in the headspace underneath the cover to a control device, you must submit a notification of compliance status as specified in §63.9(h) that includes a description of the POTW treatment units and installed covers, as well as the information required for control devices including the performance test results.

(2) If you comply with §63.1586(c) by meeting the HAP fraction emitted standard, submission of the Inspection and Monitoring Plan as required in §§63.1588(c) and 63.1590(f) meets the requirement for submitting a notification of compliance status report in §63.9(h).

(d) You must notify the Administrator, within 30 calendar days of discovering that you are out of compliance with an applicable requirement of this subpart, including the following:

(1) The requirement to route the air in the headspace underneath the cover of all units equipped with covers, except primary clarifiers, to a control device as specified in §63.1586(b).

(2) The HAP fraction emitted standard as specified in §63.1586(c).

(3) The requirement to operate and maintain the affected source as specified in §63.1586(d).

(4) The requirement to inspect covers annually and repair defects as specified in §63.1588(a).

(5) The requirement to comply with the inspection and monitoring requirements of §63.695(c) as specified in §63.1588(b).

(6) The procedures specified in an Inspection and Monitoring Plan prepared as specified in §63.1588(c).

(7) The requirements specified in an appropriate NESHAP for which the Group 1 POTW treatment plan treats regulated industrial waste as specified in §63.1583(a) or (b), as applicable.

§63.1592   Which General Provisions apply to my POTW treatment plant?

(a) Table 1 to this subpart lists the General Provisions (40 CFR part 63, subpart A) which do and do not apply to POTW treatment plants.

(b) Unless a permit is otherwise required by law, the owner or operator of a Group 1 POTW treatment plant which is not a major source is exempt from the permitting requirements established by 40 CFR part 70.

§63.1593   [Reserved]

§63.1594   Who enforces this subpart?

(a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable state, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a state, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a state, local, or tribal agency.

(b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under subpart E of this part, the authorities contained in paragraphs (b)(1) through (5) of this section are retained by the Administrator of U.S. EPA and cannot be delegated to the state, local, or tribal agency.

(1) Approval of alternatives to the requirements in §§63.1580, 63.1583, and 63.1586 through 63.1588.

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

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

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

(5) Approval of an alternative to any electronic reporting to the EPA required by this subpart.

§63.1595   List of definitions.

As used in this subpart:

Affected source means the group of all equipment that comprise the POTW treatment plant.

Cover means a device that prevents or reduces air pollutant emissions to the atmosphere by forming a continuous barrier over the waste material managed in a treatment unit. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the treatment unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the treatment unit, or a cover may be formed by structural features permanently integrated into the design of the treatment unit. The cover and its closure devices must be made of suitable materials that will prevent exposure of the waste material to the atmosphere and will maintain the integrity of the cover and its closure devices throughout its intended service life.

Existing source or existing POTW means a POTW that commenced construction on or before December 1, 1998, and has not been reconstructed after December 1, 1998.

Fraction emitted means the fraction of the mass of HAP entering the POTW wastewater treatment plant which is emitted prior to secondary treatment.

Group 1 POTW means a POTW that accepts a waste stream regulated by another NESHAP and provides treatment and controls as an agent for the industrial user. The industrial user complies with its NESHAP by using the treatment and controls located at the POTW. For example, an industry discharges its benzene-containing waste stream to the POTW for treatment to comply with 40 CFR part 61, subpart FF—National Emission Standard for Benzene Waste Operations. This definition does not include POTW treating waste streams not specifically regulated under another NESHAP.

Group 2 POTW means a POTW that does not meet the definition of a Group 1 POTW. A Group 2 POTW can treat a waste stream that is either:

(1) Not specifically regulated by another NESHAP, or

(2) From an industrial user that complies with the specific wastewater requirements in their applicable NESHAP prior to discharging the waste stream to the POTW.

Industrial user means a nondomestic source introducing any pollutant or combination of pollutants into a POTW. Industrial users can be commercial or industrial facilities whose wastes enter local sewers.

New source or new POTW means any POTW that commenced construction or reconstruction after December 1, 1998.

Publicly owned treatment works (POTW) means a treatment works, as that term is defined by section 112(e)(5) of the Clean Air Act, which is owned by a municipality (as defined by section 502(4) of the Clean Water Act), a state, an intermunicipal or interstate agency, or any department, agency, or instrumentality of the federal government. This definition includes any intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment. The wastewater treated by these facilities is generated by industrial, commercial, and domestic sources. As used in this subpart, the term POTW refers to both any publicly owned treatment works which is owned by a state, municipality, or intermunicipal or interstate agency and, therefore, eligible to receive grant assistance under the Subchapter II of the Clean Water Act, and any federally owned treatment works as that term is described in section 3023 of the Solid Waste Disposal Act.

POTW treatment plant means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.

Secondary treatment means treatment processes, typically biological, designed to reduce the concentrations of dissolved and colloidal organic matter in wastewater.

Waste and wastewater means a material, or spent or used water or waste, generated from residential, industrial, commercial, mining, or agricultural operations or from community activities that contain dissolved or suspended matter, and that is discarded, discharged, or is being accumulated, stored, or physically, chemically, thermally, or biologically treated in a publicly owned treatment works.

Table 1 to Subpart VVV of Part 63—Applicability of 40 CFR Part 63 General Provisions to Subpart VVV

General provisions referenceApplicable to subpart VVVExplanation
§63.1Applicability.
§63.1(a)(1)YesTerms defined in the Clean Air Act.
§63.1(a)(2)YesGeneral applicability explanation.
§63.1(a)(3)YesCannot diminish a stricter NESHAP.
§63.1(a)(4)YesNot repetitive. Doesn't apply to section 112(r).
§63.1(a)(5)YesSection reserved.
§63.1(a)(6)-(8)YesContacts and authorities.
§63.1(a)(9)YesSection reserved.
§63.1(a)(10)YesTime period definition.
§63.1(a)(11)YesPostmark explanation.
§63.1(a)(12)-(14)YesTime period changes. Regulation conflict. Force and effect of subpart A.
§63.1(b)(1)YesInitial applicability determination of subpart A.
§63.1(b)(2)YesSection reserved.
§63.1(b)(3)NoSubpart VVV specifies recordkeeping of records of applicability determination.
§63.1(c)(1)YesRequires compliance with both subparts A and subpart VVV.
§63.1(c)(2)(i)NoState options regarding title V permit. Unless required by the State, area sources subject to subpart VVV are exempted from permitting requirements.
§63.1(c)(2)(ii)-(iii)NoState options regarding title V permit.
§63.1(c)(3)YesSection reserved.
§63.1(c)(4)YesExtension of compliance.
§63.1(c)(5)NoSubpart VVV addresses area sources becoming major due to increase in emissions.
§63.1(d)YesSection reserved.
§63.1(e)YesTitle V permit before a relevant standard is established.
§63.2YesDefinitions.
§63.3YesUnits and abbreviations.
§63.4Prohibited activities and circumvention.
§63.4(a)(1)-(3)YesProhibits operation in violation of subpart A.
§63.4(a)(4)YesSection reserved.
§63.4(a)(5)YesCompliance dates.
§63.4(b)YesCircumvention.
§63.4(c)YesSeverability.
§63.5Preconstruction review and notification requirements.
§63.5(a)(1)YesConstruction and reconstruction.
§63.5(a)(2)YesNew source—effective dates.
§63.5(b)(1)YesNew sources subject to relevant standards.
§63.5(b)(2)YesSection reserved.
§63.5(b)(3)YesNo new major sources without Administrator approval.
§63.5(b)(4)YesNew major source notification.
§63.5(b)(5)YesNew major sources must comply.
§63.5(b)(6)YesNew equipment added considered part of major source.
§63.5(c)YesSection reserved.
§63.5(d)(1)YesImplementation of section 112(I)(2)—application of approval of new source construction.
§63.5(d)(2)YesApplication for approval of construction for new sources listing and describing planned air pollution control system.
§63.5(d)(3)YesApplication for reconstruction.
§63.5(d)(4)YesAdministrator may request additional information.
§63.5(e)YesApproval of reconstruction.
§63.5(f)(1)YesApproval based on State review.
§63.5(f)(2)YesApplication deadline.
§63.6Compliance with standards and maintenance requirements.
§63.6(a)YesApplicability of compliance with standards and maintenance requirements.
§63.6(b)YesCompliance dates for new and reconstructed sources.
§63.6(c)YesCompliance dates for existing sources apply to existing Group 1 POTW treatment plants.
§63.6(d)YesSection reserved.
§63.6(e)Yes, except as noted belowOperation and maintenance requirements apply to new sources.
§63.6(e)(1)(i)NoGeneral duty; See §63.1583(d) and §63.1586(d) for general duty requirements.
§63.6(e)(1)(ii)NoRequirement to correct malfunctions.
§63.6(e)(3)NoSSM plans are not required for POTW.
§63.6(f)Yes, except as noted belowCompliance with non-opacity emission standards applies to new sources.
§63.6(f)(1)NoThe POTW standards apply at all times.
§63.6(g)YesUse of alternative non-opacity emission standards applies to new sources.
§63.6(h)NoPOTW treatment plants do not typically have visible emissions.
§63.6(i)YesExtension of compliance with emission standards applies to new sources.
§63.6(j)YesPresidential exemption from compliance with emission standards.
§63.7Performance testing requirements.
§63.7(a)YesPerformance testing is required for new sources.
§63.7(b)YesNew sources must notify the Administrator of intention to conduct performance testing.
§63.7(c)YesNew sources must comply with quality assurance program requirements.
§63.7(d)YesNew sources must provide performance testing facilities at the request of the Administrator.
§63.7(e)Yes, except as noted belowRequirements for conducting performance tests apply to new sources.
§63.7(e)(1)NoThe performance testing provisions of §63.694 for control devices are incorporated by reference into subpart DD of this part.
§63.7(f)YesNew sources may use an alternative test method.
§63.7(g)YesRequirements for data analysis, recordkeeping, and reporting associated with performance testing apply to new sources.
§63.7(h)YesNew sources may request a waiver of performance tests.
§63.8Monitoring requirements.
§63.8(a)YesApplicability of monitoring requirements.
§63.8(b)YesMonitoring shall be conducted by new sources.
§63.8(c)Yes, except as noted belowNew sources shall operate and maintain continuous monitoring systems (CMS).
§63.8(c)(1)(i)NoSee §63.1583(d) for general duty requirement with respect to minimizing emissions and continuous monitoring requirements.
§63.8(c)(1)(iii)NoSee the applicable CMS quality control requirements under §63.8(c) and (d).
§63.8(d)Yes, except as noted belowNew sources must develop and implement a CMS quality control program.
§63.8(d)(3)NoThe owner or operator must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, and make them available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator must keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision of the plan. The program of corrective action should be included in the plan required under §63.8(d)(2).
§63.8(e)YesNew sources may be required to conduct a performance evaluation of CMS.
§63.8(f)YesNew sources may use an alternative monitoring method.
§63.8(g)YesRequirements for reduction of monitoring data.
§63.9Notification requirements.
§63.9(a)YesApplicability of notification requirements.
§63.9(b)Yes, except as noted belowInitial notification due February 23, 2000 or 60 days after becoming subject to this subpart.
§63.9(c)YesRequest for extension of compliance with subpart VVV.
§63.9(d)YesNotification that source is subject to special compliance requirements as specified in §63.6(b)(3) and (4).
§63.9(e)YesNotification of performance test.
§63.9(f)NoPOTW treatment plants do not typically have visible emissions.
§63.9(g)YesAdditional notification requirements for sources with continuous emission monitoring systems.
§63.9(h)Yes, except as notedNotification of compliance status when the source becomes subject to subpart VVV. See exceptions in §63.1591(b).
§63.9(i)YesAdjustments to time periods or postmark deadlines or submittal and review of required communications.
§63.9(j)YesChange of information already provided to the Administrator.
§63.10Recordkeeping and reporting requirements.
§63.10(a)YesApplicability of notification and reporting requirements.
§63.10(b)(1)-(2)Yes, except as noted belowGeneral recordkeeping requirements.
§63.10(b)(2)(i)NoRecordkeeping for occurrence and duration of startup and shutdown.
§63.10(b)(2)(ii)NoRecordkeeping for failure to meet a standard, see §63.696.
§63.10(b)(2)(iii)YesMaintenance records.
§63.10(b)(2)(iv)NoActions taken to minimize emissions during SSM.
§63.10(b)(2)(v)NoAction taken to minimize emissions during SSM.
§63.10(b)(2)(vi)YesRecordkeeping for CMS malfunctions.
§63.10(b)(2)(vii)-(ix)YesOther CMS requirements.
§63.10(b)(3)NoRecording requirement for applicability determination.
§63.10(c)Yes, except as noted belowAdditional recordkeeping requirements for sources with continuous monitoring systems.
§63.10(c)(7)NoSee §63.696(h) for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the tons per year of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§63.10(c)(8)NoSee §63.696(h) for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the tons per year of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§63.10(c)(15)NoUse of SSM plan.
§63.10(d)Yes, except as noted belowGeneral reporting requirements.
§63.10(d)(5)NoSee §63.697(b) for malfunction reporting requirements.
§63.10(e)YesAdditional reporting requirements for sources with continuous monitoring systems.
§63.10(f)Yes, except as notedWaiver of recordkeeping and reporting requirements. Electronic reporting to the EPA cannot be waived.
§63.11YesControl device and equipment leak work practice requirements.
§63.11(a) and (b)YesIf a new source uses flares to comply with the requirements of subpart VVV, the requirements of §63.11 apply.
§63.11(c), (d) and (e)YesAlternative work practice for equipment leaks.
§63.12YesState authority and designation.
§63.13YesAddresses of State air pollution control agencies and EPA Regional Offices.
§63.14YesIncorporation by reference.
§63.15YesAvailability of information and confidentiality.

Table 2 to Subpart VVV of Part 63—Compliance Dates and Requirements

If the construction/reconstruction date isThen the owner or operator must comply withAnd the owner or operator must achieve compliance
Group 1 POTW:
(1) After December 27, 2016(i) New source requirements in §§63.1583(b); 63.1586(b) or (c); and 63.1588 through 63.1591Upon initial startup.
(2) After December 1, 1998 but on or before December 27, 2016(i) New source requirements in §63.1583(b) but instead of complying with both requirements (industrial user(s) NESHAP and the POTW standards in §§63.1586(b) or (c)), you must comply with the most stringent requirement1Upon initial startup through October 26, 2020.
   (ii) New source requirements in §§63.1586(b) or (c); and 63.1588 through 63.1591On or before October 26, 2020.
(3) On or before December 1, 1998(i) Existing source requirements in §§63.1583(a)By the compliance date specified in the other applicable NESHAP.
   (ii) Existing source requirements in §§63.1588 through 63.1591On or before October 26, 2018.
Group 2 POTW:
(4) After December 27, 2016(i) New source requirements in §§63.1586(b) or (c); and 63.1588 through 63.1591Upon initial startup.
(5) After December 1, 1998 but on or before December 27, 2016(i) New source requirements in §63.1586(b) or (c)1Upon initial startup through October 26, 2020.
   (ii) New source requirements in §§63.1586(b) or (c); and 63.1588 through 63.1591On or before October 26, 2020.
(6) On or before December 1, 1998(i) Existing source requirements in §§63.1586(a); and 63.1591(a)On or before October 26, 2018.

1Note: This represents the new source requirements in the original 1999 NESHAP, which are applicable until October 26, 2020. Between October 26, 2017 and October 26, 2020, you must transition to the new requirements in Table 2 (2)(ii) and (5)(ii) for Group 1 and Group 2 POTW, respectively.

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