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42 U.S.C. 7401 et seq.
57 FR 61992, Dec. 29, 1992, unless otherwise noted.
68 FR 70928, Dec. 19, 2003, unless otherwise noted.
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(a) You must submit all of the notifications in §§ 63.7(b) and (c), 63.8(e) and (f) and 63.9(b) through (h) that apply to you by the dates specified.
(b) As specified in § 63.9(b)(2), if you start up your affected source before December 19, 2003, you must submit an Initial Notification no later than 120 calendar days after December 19, 2003, or no later than 120 days after the source becomes subject to this subpart, whichever is later.
(c) As specified in § 63.9(b)(3), if you start up your new or reconstructed mercury recovery facility on or after December 19, 2003, you must submit your initial notification not later than 120 days after you become subject to this subpart.
(d) For each performance test that you are required to conduct for by-product hydrogen streams and end box ventilation system vents and for mercury thermal recovery unit vents, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in § 63.7(b)(1).
(e) You must submit a Notification of Compliance Status according to paragraphs (e)(1) and (2) of this section.
(1) For each initial compliance demonstration that does not include a performance test, you must submit the Notification of Compliance Status before the close of business on the 30th calendar day following the completion of the initial compliance demonstration. The Notification of Compliance Status must contain the items in paragraphs (e)(1)(i) through (iv) of this section:
(i) If you choose not to implement a cell room monitoring program according to § 63.8192(g), a certification that you are operating according to the applicable work practice standards for mercury emissions in § 63.8192(a) through (d) and your floor-level mercury vapor measurement plan required by § 63.8192(d).
(ii) The washdown plan, and you must certify that you are operating according to the washdown plan specified in § 63.8192(f).
(iii) The mass of virgin mercury added to cells for the 5 years preceding the compliance date.
(iv) If you choose to implement a cell room monitoring program according to § 63.8192(g), your cell room monitoring plan.
(2) For each initial compliance demonstration that does include a performance test, you must submit the Notification of Compliance Status, including the performance test results, before the close of business on the 60th calendar day following the completion of the performance test according to § 63.10(d)(2). The Notification of Compliance Status must contain the information in § 63.9(h)(2)(ii)(A) through (G). The site-specific monitoring plan required in § 63.8242(a)(3) must also be submitted.
(f) You must submit a Revised Notification of Compliance Status before the close of business on the date 30 days after the compliance date in § 63.8186(a)(2) containing the items in paragraphs (f)(1) through (5) of this section:
(1) A certification that you are operating according to the work practice standards for mercury emissions in § 63.8192(a) through (c) and (e) through (g).
(2) Your cell room monitoring plan, including your initial action level determined in accordance with § 63.8192(g)(2), and a certification that you are operating according to the continuous cell room monitoring program under § 63.8192(g).
(3) Your washdown plan, and a certification that you are operating according to your washdown plan under § 63.8192(e).
(4) Records of the mass of virgin mercury added to cells for every year since 2001.
(5) A certification that you have installed chlorine sensors in accordance with § 63.8192(h)(2) and that you are operating according to the work practice standards for chlorine emissions in § 63.8192(h).
(g) You must submit all subsequent Notification of Compliance Status reports and Revised Notification of Compliance Status reports in PDF format to the EPA via CEDRI, which can be accessed through EPA's CDX (https://cdx.epa.gov/).
(h) You must submit a notification of compliance with the prohibition of mercury emissions as specified in paragraphs (e)(1) and (2) of this section.
(1) The notification must include the information specified in paragraph (e)(1)(i) and (ii) of this section.
(i) A certification that the requirement of § 63.8190(a)(2)(ii) has been met.
(ii) A brief explanation of how the requirement of § 63.8190(a)(2)(ii) has been met.
(2) You must submit this notification before the close of business on the 30th calendar day following the date when compliance with § 63.8190(a)(2)(ii) is attained.
[68 FR 70928, Dec. 19, 2003, as amended at 85 FR 73914, Nov. 19, 2020, 85 FR 84262, Dec. 28, 2020; 87 FR 27021, May 6, 2022]
(a) Compliance report due dates. You must submit a semiannual compliance report to your permitting authority according to the requirements in paragraphs (a)(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 § 63.8186 and ending on June 30 or December 31, whichever date comes first after the compliance date that is specified for your affected source in § 63.8186.
(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date comes first after your first compliance reporting period.
(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 comes first after the end of the semiannual reporting period.
(b) Compliance report contents. Each compliance report must contain the information in paragraphs (b)(1) through (3) of this section, and as applicable, paragraphs (b)(5) through (13) 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 report.
(3) Date of report and beginning and ending dates of the reporting period.
(4) [Reserved]
(5) If there were no deviations from the continuous compliance requirements in § 63.8246 that apply to you, a statement that there were no deviations from the emission limitations, work practice standards, and operation and maintenance standards during the reporting period.
(6) If there were no periods during which the mercury continuous emission monitor or CPMS (if applicable) were out-of-control as specified in § 63.8(c)(7), a statement that there were no periods during the which the mercury continuous emissions monitor or CPMS (if applicable) were out-of-control during the reporting period.
(7) For each deviation from the requirements for work practice standards in § 63.8192, the information in paragraphs (b)(7)(i) and (ii) of this section.
(i) For each deviation from the mercury work practice standards in Tables 1 through 4 to this subpart that occurs at an affected source (including deviations where the response intervals were not adhered to as described in § 63.8192(b)), each deviation from the cell room monitoring program monitoring and data recording requirements in § 63.8192(g)(3), and each deviation from the response intervals required by § 63.8192(g)(4) when an action level is exceeded, the compliance report must contain the information in paragraphs (b)(1) through (3) of this section and the information in paragraphs (b)(7)(i)(A) through (C) of this section.
(A) The total operating time of each affected source during the reporting period.
(B) Information on the number, date, time, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken.
(C) A list of the affected sources or equipment.
(ii) For each deviation from the fugitive chlorine requirements in § 63.8192(h), including periods when the chlorine sensors required by § 63.8192(h)(2) were not operating; instances where the chlorine sensors required by § 63.8192(h)(2) were not calibrated and maintained in accordance with manufacturer instructions or spare parts were not maintained; instances where inspections were not performed in accordance with § 63.8192(h)(3)(i) and (ii); and instances where leak repair intervals in § 63.8192(h)(4) were not met; the compliance report must contain the information in paragraphs (b)(1) through (3) of this section and the information in paragraphs (b)(7)(ii)(A) through (C) of this section.
(A) The total operating time of each affected source during the reporting period.
(B) Information on the number, date, time, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken.
(C) A list of the affected sources or equipment.
(8) For each deviation from an emission limitation occurring at an affected source where you are using a mercury continuous emission monitor, according to the site-specific monitoring plan required in § 63.8242(a)(3), to comply with the emission limitation in this subpart, you must include the information in paragraphs (b)(1) through (3) of this section and the information in paragraphs (b)(8)(i) through (xv) of this section.
(i) A list of the affected sources and equipment.
(ii) The date and time that each deviation started and stopped.
(iii) For each deviation, the cause of the deviation (including unknown cause, if applicable), as applicable, and corrective action taken.
(iv) For each deviation, an estimate of the quantity of each regulated pollutant emitted over any emission limit.
(v) A description of the method used to estimate the emissions.
(vi) The date and time of each instance in which a continuous monitoring system was inoperative, except for zero (low-level) and high-level checks.
(vii) The date, time, and duration of each instance in which a continuous monitoring system was out-of-control, including the information in § 63.8(c)(8).
(viii) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period.
(ix) A breakdown of the total duration of the deviations during the reporting period including those that are due to control equipment problems, process problems, other known causes, and other unknown causes.
(x) A summary of the total duration of continuous monitoring system downtime during the reporting period and the total duration of monitoring system downtime as a percent of the total source operating time during the reporting period.
(xi) An identification of each hazardous air pollutant that was monitored at the affected source.
(xii) A brief description of the process units.
(xiii) A brief description of the continuous monitoring system.
(xiv) The date of the latest continuous monitoring system certification or audit.
(xv) A description of any changes in monitoring system, processes, or controls since the last reporting period.
(9) For each deviation from an operation and maintenance standard occurring at an affected source where you are using the periodic monitoring option specified in § 63.8240(b) and your final control device is not a nonregenerable carbon adsorber, the compliance report must include the information in paragraphs (b)(1) through (3) of this section and the information in paragraphs (b)(9)(i) through (xiii) of this section.
(i) A list of the affected sources or equipment.
(ii) The total operating time of each affected source during the reporting period.
(iii) Information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken.
(iv) For each deviation, an estimate of the quantity of each regulated pollutant emitted over any emission limit.
(v) A description of the method used to estimate the emissions.
(vi) The date and time of each instance in which a CPMS was inoperative, except for zero (low-level) and high-level checks.
(vii) The date, time, and duration of each instance in which a CPMS was out-of-control, including the information specified in § 63.8(c)(8).
(viii) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period.
(ix) A breakdown of the total duration of the deviations during the reporting period including those that are due to control equipment problems, process problems, other known causes, and other unknown causes.
(x) A summary of the total duration of continuous monitoring system downtime during the reporting period and the total duration of monitoring system downtime as a percent of the total source operating time during the reporting period.
(xi) A brief description of the CPMS.
(xii) The date of the latest CPMS certification or audit.
(xiii) A description of any changes in monitoring system, processes, or controls since the last reporting period.
(10) The compliance report must contain the mass of virgin mercury added to cells for the reporting period.
(11) The compliance report must contain each instance in which corrective actions taken under § 63.8244(b)(2)(iv) did not result in average monitoring values being within range within 48 hours of the period that the monitoring value is out of range.
(12) The compliance report must contain each instance in which corrective action taken according to § 63.8244(b)(2)(v) did not result in the maximum hourly temperature being above the reference temperature during the first regeneration cycle following the period that the monitoring value was out of range.
(13) The compliance report must contain the information specified in paragraphs (b)(13)(i) through (iii) for each instance where the 1-hour average concentration of chlorine detected by a chlorine sensor required by § 63.8192(h)(2) was 2 ppmv or greater.
(i) The date and times a chlorine sensor detected chlorine concentrations of 2 ppmv or greater.
(ii) The location of the sensor.
(iii) The date and time that the sensor returned to a 1-hour average concentration of less than 2 ppmv.
(14) The compliance report must contain the information specified in paragraphs (b)(14)(i) and (ii) for all inspections conducted under either § 63.8192(h)(3)(i) or (ii). You must also record the information in paragraphs (b)(14)(iii) through (vii) of this section for each leak identified.
(i) The date of each inspection.
(ii) The reason for each inspection (i.e., a routine inspection conducted each 12 hours or an inspection conducted in response to a 2 ppmv or greater 1-hour average concentration of chlorine, as detected by a sensor).
(iii) Location of the leak.
(iv) Date and time the leak was identified.
(v) Date and time of initial repair attempt.
(vi) Date and time the leak is repaired.
(vii) A description of the repair made to stop the leak.
(c) [Reserved]
(d) Title V monitoring report. After your affected source has been issued a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71, you must report all deviations from permit requirements and provide reports of any required monitoring in your semiannual monitoring report as required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a semiannual compliance report for an affected source as required by this subpart 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 semiannual compliance report includes all information required by the 40 CFR part 70 or 40 CFR part 71 semiannual monitoring report for the deviations that are reported in the semiannual compliance report, submission of the semiannual compliance report satisfies your obligation to report the same deviation information in the semiannual monitoring report. However, in such situations, the semiannual monitoring report must cross-reference the semiannual compliance report, and submission of a semiannual compliance report does not otherwise affect any obligation you may have to report deviations from permit requirements for an affected source to your permitting authority under 40 CFR part 70 or 40 CFR part 71.
(e) The owner or operator must submit semiannual compliance reports in PDF formatto the EPA viaCEDRI, which can be accessedthrough EPA's CDX (https://cdx.epa.gov/).
[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27022, May 6, 2022]
(a) General records. You must keep the records in paragraphs (a)(1) and (2) of this section.
(1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any initial notification or Notification of Compliance Status that you submitted, according to the requirements in § 63.10(b)(2)(xiv).
(2) The records specified in paragraphs (a)(2)(i) and (ii) of this section related to deviations.
(i) Record actions taken to minimize emissions in accordance with § 63.8222 and any corrective actions taken to return the affected unit to its normal or usual manner of operation.
(ii) Records of the information reported as required in § 63.8254(b)(7) through (9) and (11) through (13).
(b) Records associated with the by-product hydrogen stream and end box ventilation system vent emission limitations and the mercury thermal recovery unit vent emission limitations. You must keep the records in paragraphs (b)(1) through (5) of this section related to the emission limitations in § 63.8190(a)(2) through (3) and (b).
(1) Records of performance tests as required in § 63.10(b)(2)(viii).
(2) Records of the mercury emissions monitoring conducted during the performance tests.
(3) Records of the continuous or periodic mercury emissions monitoring data.
(4) Records of the 52-week rolling average mercury emissions.
(5) Records associated with your site-specific monitoring plan required in § 63.8242(a)(3) (i.e., results of inspections, calibrations, and validation checks of each mercury concentration continuous monitoring system (CMS)).
(6) Records of chlorine production on a weekly basis.
(c) Records associated with the work practice standards for mercury emissions that must be kept prior to the compliance date in § 63.8186(a)(2).
(1) If you choose not to institute a cell room monitoring program according to § 63.8192(g) of this subpart, you must keep the records specified in paragraphs (c)(1)(i) through (v) of this section.
(i) Records specified in Table 9 to this subpart related to the work practice standards in Tables 1 through 4 of this subpart.
(ii) Your current floor-level mercury vapor measurement plan.
(iii) Records of the average value calculated from at least three measurements taken according to your floor-level mercury vapor measurement plan.
(iv) Records indicated in § 63.8192(d)(4)(i) for maintenance activities that cause the floor-level mercury concentration to exceed the action level.
(v) Records of all inspections and corrective actions taken in response to a non-maintenance related situation in which the mercury vapor concentration exceeds the floor-level mercury concentration action level.
(2) You must maintain a copy of your current washdown plan and records of when each washdown occurs.
(3) You must maintain records of the mass of virgin mercury added to cells for each reporting period.
(4) If you choose to institute a cell room monitoring program according to § 63.8192(g) of this subpart, you must keep your current cell room monitoring plan and the records specified in paragraphs (c)(4)(i) through (v) of this section.
(i) Records of the monitoring conducted in accordance with § 63.8192(g)(2)(i) to establish your action level, and records demonstrating the development of this action level.
(ii) Records of the cell room mercury concentration monitoring data collected.
(iii) Instances when the action level is exceeded.
(iv) Records specified in § 63.8192(g)(4)(i) for maintenance activities that cause the mercury vapor concentration to exceed the action level.
(v) Records of all inspections and corrective actions taken in response to a non-maintenance related situation in which the mercury vapor concentration exceeds the action level.
(d) Records associated with the periodic monitoring option if your final control device is not a nonregenerable carbon adsorber. You must keep the records in paragraph (d)(1) through (3) of this section.
(1) Records of the CPMS data collected during the performance test as specified in § 63.8232(f)(1).
(2) Records documenting the development of the maximum monitoring value or minimum monitoring value, as appropriate, according to § 63.8232(f)(2).
(3) Records of hourly average values of applicable parameters monitored as specified in § 63.8244(b)(2)(ii) or (iii).
(e) Records associated with the work practice standards for mercury emissions that must be kept after the compliance date in § 63.8186(a)(2).
(1) The records specified in Table 9 to this subpart related to the work practice standards in Tables 1 through 4 of this subpart.
(2) You must maintain a copy of your current washdown plan and records of when each washdown occurs.
(3) You must maintain records of the mass of virgin mercury added to cells for each reporting period.
(4) You must keep your current cell room monitoring plan and the records specified in paragraphs (e)(4)(i) through (v) of this section.
(i) Records of the monitoring conducted in accordance with § 63.8192(g)(2)(i) to establish your action level, and records demonstrating the development of this action level.
(ii) Records of the cell room mercury concentration monitoring data collected.
(iii) Instances when the action level is exceeded.
(iv) Records specified in § 63.8192(g)(4)(i) for maintenance activities that cause the mercury vapor concentration to exceed the action level.
(v) Records of all inspections and corrective actions taken in response to a non-maintenance related situation in which the mercury vapor concentration exceeds the action level.
(f) You must keep the records specified in paragraphs (f)(1) through (4) of this section associated with the work practice standards for fugitive chlorine emissions specified in § 63.8192(h) after the compliance date in § 63.8186(a)(2).
(1) Identification of all equipment in the mercury cell chlor-alkali production facility affected source containing chlorine gas at a concentration of greater than 5 percent by volume. You may exclude equipment that is under negative pressure.
(2) Records of the information reported as required in § 63.8254(b)(13) and (14).
(3) You must record the information specified in paragraphs (f)(3)(i) through (iv) of this section for the chlorine sensors required by § 63.8192(h)(2).
(i) The location, manufacturer, and model number of each sensor.
(ii) The manufacturer's instructions for operation, maintenance, and calibration of the chlorine sensors.
(iii) Records of all maintenance and calibration of the chlorine sensors.
(iv) You must record all periods when the chlorine sensors are not operating.
(4) You must maintain records of all chlorine concentration measurements.
[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27023, May 6, 2022]
(a) Your records must be in a form suitable and readily available for expeditious inspection and 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.