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Title 40

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Displaying title 40, up to date as of 9/10/2026. Title 40 was last amended 9/09/2026.
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  1. Title 40 —Protection of Environment
  2. Chapter I —Environmental Protection Agency
  3. Subchapter C —Air Programs
  4. Part 63 —National Emission Standards for Hazardous Air Pollutants for Source Categories
  5. Subpart JJJJJ —National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing
  6. Other Requirements and Information
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Other Requirements and Information

§ 63.8505 What parts of the General Provisions apply to me?

Table 10 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

§ 63.8510 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the 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 subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the state, local, or tribal agency.

(c) The authorities that cannot be delegated to state, local, or tribal agencies are as specified in paragraphs (c)(1) through (6) of this section.

(1) Approval of alternatives to the applicability requirements in §§ 63.8385 and 63.8390, the compliance date requirements in § 63.8395, and the non-opacity emission limitations in § 63.8405.

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

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

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

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

(6) Approval of a routine control device maintenance request under § 63.8420(d).

§ 63.8515 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows:

Air pollution control device (APCD) means any equipment that reduces the quantity of a pollutant that is emitted to the air.

Bag leak detection system means an instrument that is capable of monitoring PM loadings in the exhaust of a fabric filter in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light-scattering, light-transmittance, or other effects to monitor relative PM loadings.

Brick and structural clay products (BSCP) manufacturing facility means a plant site that manufactures brick (including, but not limited to, face brick, structural brick, and brick pavers); clay pipe; roof tile; extruded floor and wall tile; and/or other extruded, dimensional clay products. Brick and structural clay products manufacturing facilities typically process raw clay and shale, form the processed materials into bricks or shapes, and dry and fire the bricks or shapes. A plant site that manufactures refractory products, as defined in 40 CFR 63.9824, or clay ceramics, as defined in 40 CFR 63.8665, is not a BSCP manufacturing facility.

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

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

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

Dry lime injection fabric filter (DIFF) means an APCD that includes continuous injection of hydrated lime or other sorbent into a duct or reaction chamber followed by a fabric filter.

Dry lime scrubber/fabric filter (DLS/FF) means an APCD that includes continuous injection of humidified hydrated lime or other sorbent into a reaction chamber followed by a fabric filter. These systems typically include recirculation of some of the sorbent.

Dry limestone adsorber (DLA) means an APCD that includes a limestone storage bin, a reaction chamber that is essentially a packed tower filled with limestone, and may or may not include a peeling drum that mechanically scrapes reacted limestone to regenerate the stone for reuse.

Emission limitation means any emission limit or operating limit.

Fabric filter means an APCD used to capture PM by filtering a gas stream through filter media; also known as a baghouse.

Initial startup means:

(1) For a new or reconstructed tunnel kiln controlled with a DLA, the time at which the temperature in the kiln first reaches 260 °C (500 °F) and the kiln contains product; or

(2) for a new or reconstructed tunnel kiln controlled with a DIFF, DLS/FF, or wet scrubber (WS), the time at which the kiln first reaches a level of production that is equal to 75 percent of the kiln design capacity or 12 months after the affected source begins firing BSCP, whichever is earlier.

Fired product means brick or structural clay products that have gone through the firing process via kilns.

Kiln exhaust process stream means the portion of the exhaust from a tunnel kiln that exhausts directly to the atmosphere (or to an APCD), rather than to a sawdust dryer.

Large tunnel kiln means a tunnel kiln (existing, new, or reconstructed) with a design capacity equal to or greater than 9.07 Mg/hr (10 tph) of fired product.

Minimum APCD inlet temperature means the minimum temperature that kiln exhaust can be vented to the APCD that ensures the long-term integrity of the APCD.

Particulate matter (PM) means, for purposes of this subpart, emissions of PM that serve as a measure of total particulate emissions, as measured by Method 5 (40 CFR part 60, appendix A-3) or Method 29 (40 CFR part 60, appendix A-8), and as a surrogate for non-mercury metal HAP contained in the particulates including, but not limited to, antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, manganese, nickel, and selenium.

Periodic kiln means a batch firing kiln.

Plant site means all contiguous or adjoining property that is under common control, including properties that are separated only by a road or other public right-of-way. Common control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, or any combination thereof.

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

Small tunnel kiln means a tunnel kiln (existing, new, or reconstructed) with a design capacity less than 9.07 Mg/hr (10 tph) of fired product.

Startup means the setting in operation of an affected source and starting the production process.

Startup push rate means the kiln push rate required to bring the kiln to the proper operating temperature during startup.

Tunnel kiln means any continuous kiln that is used to fire BSCP. Some tunnel kilns have two process streams, including a process stream that exhausts directly to the atmosphere or to an APCD, and a process stream in which the kiln exhaust is ducted to a sawdust dryer where it is used to dry sawdust before being emitted to the atmosphere.

Tunnel kiln design capacity means the maximum amount of brick, in Mg (tons), that a kiln is designed to produce in one year divided by the number of hours in a year (8,760 hours), taking into account the void space in the brick, the push rate for the kiln, and the stacking pattern, if applicable. If a kiln is modified to increase the capacity, the design capacity is considered to be the capacity following modifications.

Wet scrubber (WS) means an APCD that uses water, which may include caustic additives or other chemicals, as the sorbent. Wet scrubbers may use any of various design mechanisms to increase the contact between exhaust gases and the sorbent.

Work practice standard means any design, equipment, work practice, operational standard, or combination thereof, that is promulgated pursuant to section 112(h) of the Clean Air Act.

Tables to Subpart JJJJJ of Part 63

Table 1 to Subpart JJJJJ of Part 63—Emission Limits

As stated in § 63.8405, you must meet each emission limit in the following table that applies to you:

For each . . . You must meet the following emission limits . . . Or you must comply with the following . . .
1. Collection of all tunnel kilns at facility, including all process streams HF, HCl, and Cl2 emissions must not exceed 26 kg/hr (57 lb/hr) HCl equivalent, under the health-based standard, as determined using Equations 2 and 3 Not applicable.
2. Existing large tunnel kiln (design capacity ≥10 tons per hour (tph) of fired product), including all process streams a. PM emissions must not exceed 0.018 kg/Mg (0.036 lb/ton) of fired product i. PM emissions must not exceed 6.6 mg/dscm (0.0029 gr/dscf) at 17% O2; or
ii. Non-Hg HAP metals emissions must not exceed 0.0026 kg/hr (0.0057 lb/hr).
b. Hg emissions must not exceed 2.1 E-05 kilogram per megagram (kg/Mg) (4.1 E-05 pound per ton (lb/ton)) of fired product i. Hg emissions must not exceed 7.7 micrograms per dry standard cubic meter (µg/dscm) at 17% O2; or
ii. Hg emissions must not exceed 2.5 E-04 kg/hr (5.5 E-04 lb/hr).
3. Existing small tunnel kiln (design capacity <10 tph of fired product), including all process streams a. PM emissions must not exceed 0.19 kg/Mg (0.37 lb/ton) of fired product i. PM emissions must not exceed 4.8 mg/dscm (0.0021 gr/dscf) at 17% O2; or
ii. Non-Hg HAP metals emissions must not exceed 0.047 kg/hr (0.11 lb/hr).
b. Hg emissions must not exceed 1.7 E-04 kg/Mg (3.3 E-04 lb/ton) of fired product i. Hg emissions must not exceed 91 µg/dscm at 17% O2; or
ii. Hg emissions must not exceed 8.5 E-04 kg/hr (0.0019 lb/hr).
4. New or reconstructed large tunnel kiln (design capacity ≥10 tph of fired product), including all process streams a. PM emissions must not exceed 0.0089 kg/Mg (0.018 lb/ton) of fired product. i. PM emissions must not exceed 3.2 mg/dscm (0.0014 gr/dscf) at 17% O2; or
ii. Non-Hg HAP metals emissions must not exceed 0.0026 kg/hr (0.0057 lb/hr) of fired product.
b. Hg emissions must not exceed 1.4 E-05 kg/Mg (2.8 E-05 lb/ton) of fired product i. Hg emissions must not exceed 6.2 µg/dscm at 17% O2.
ii. Hg emissions must not exceed 1.6 E-04 kg/hr (3.4 E-04 lb/hr).
5. New or reconstructed small tunnel kiln (design capacity <10 tph of fired product), including all process streams a. PM emissions must not exceed 0.015 kg/Mg (0.030 lb/ton) of fired product i. PM emissions must not exceed 4.7 mg/dscm (0.0021 gr/dscf) at 17% O2; or
ii. Non-Hg HAP metals emissions must not exceed 0.047 kg/hr (0.11 lb/hr) of fired product.
b. Hg emissions must not exceed 1.7 E-04 kg/Mg (3.3 E-04 lb/ton) of fired product i. Hg emissions must not exceed 91 µg/dscm at 17% O2.
ii. Hg emissions must not exceed 8.5 E-04 kg/hr (0.0019 lb/hr).

Table 2 to Subpart JJJJJ of Part 63—Operating Limits

As stated in § 63.8405, you must meet each operating limit in the following table that applies to you:

For each . . . You must . . .
1. Tunnel kiln equipped with a DLA a. Maintain the average pressure drop across the DLA for each 3-hour block period at or above the average pressure drop established during the HF/HCl/Cl2 performance test; or, if you are monitoring the bypass stack damper position, initiate corrective action within 1 hour after the bypass damper is opened allowing the kiln exhaust gas to bypass the DLA and complete corrective action in accordance with your OM&M plan; and
b. Maintain an adequate amount of limestone in the limestone hopper, storage bin (located at the top of the DLA), and DLA at all times; maintain the limestone feeder setting (on a per ton of fired product basis) at or above the level established during the HF/HCl/Cl2 performance test in which compliance was demonstrated; and
c. Use the same grade of limestone from the same source as was used during the HF/HCl/Cl2 performance test in which compliance was demonstrated; maintain records of the source and grade of limestone; and
d. Maintain no VE from the DLA stack.
2. Tunnel kiln equipped with a DIFF or DLS/FF a. If you use a bag leak detection system, initiate corrective action within 1 hour of a bag leak detection system alarm and complete corrective actions in accordance with your OM&M plan; operate and maintain the fabric filter such that the alarm is not engaged for more than 5 percent of the total operating time in a 6-month block reporting period; or maintain no VE from the DIFF or DLS/FF stack; and
b. Maintain free-flowing lime in the feed hopper or silo and to the APCD at all times for continuous injection systems; maintain the feeder setting (on a per ton of fired product basis) at or above the level established during the HF/HCl/Cl2 performance test for continuous injection systems in which compliance was demonstrated.
3. Tunnel kiln equipped with a WS a. Maintain the average scrubber liquid pH for each 3-hour block period at or above the average scrubber liquid pH established during the HF/HCl/Cl2 performance test in which compliance was demonstrated; and
b. Maintain the average scrubber liquid flow rate for each 3-hour block period at or above the highest average scrubber liquid flow rate established during the HF/HCl/Cl2 and PM/non-Hg HAP metals performance tests in which compliance was demonstrated.
4. Tunnel kiln equipped with an ACI system Maintain the average carbon flow rate for each 3-hour block period at or above the average carbon flow rate established during the Hg performance test in which compliance was demonstrated.
5. Tunnel kiln with no add-on control a. Maintain no VE from the stack.
b. Maintain the kiln process rate at or below the kiln process rate determined according to § 63.8445(g)(1).

Table 3 to Subpart JJJJJ of Part 63—Work Practice Standards

As stated in § 63.8405, you must meet each work practice standard in the following table that applies to you:

For each . . . You must . . . According to the following requirements . . .
1. Existing, new or reconstructed periodic kiln a. Minimize HAP emissions i. Develop and use a designed firing time and temperature cycle for each periodic kiln. You must either program the time and temperature cycle into your kiln or track each step on a log sheet; and
ii. Label each periodic kiln with the maximum load (in tons) of product that can be fired in the kiln during a single firing cycle; and
iii. For each firing load, document the total tonnage of product placed in the kiln to ensure that it is not greater than the maximum load identified in item 1b; and
iv. Develop and follow maintenance procedures for each kiln that, at a minimum, specify the frequency of inspection and maintenance of temperature monitoring devices, controls that regulate air-to-fuel ratios, and controls that regulate firing cycles; and
v. Develop and maintain records for each periodic kiln, as specified in § 63.8490.
2. Existing, new or reconstructed tunnel kiln a. Minimize dioxin/furan emissions i. Maintain and inspect the burners and associated combustion controls (as applicable); and
ii. Tune the specific burner type to optimize combustion.
3. Existing, new or reconstructed tunnel kiln during periods of startup a. Minimize HAP emissions i. Establish the startup push rate for each kiln, the minimum APCD inlet temperature for each APCD, and temperature profile for each kiln without an APCD and include them in your first compliance report, as specified in § 63.8485(c)(8); and
ii. After initial charging of the kiln with loaded kiln cars, remain at or below the startup push rate for the kiln until the kiln exhaust reaches the minimum APCD inlet temperature for a kiln with an APCD or until the kiln temperature profile is attained for a kiln with no APCD; and
iii. If your kiln has an APCD, begin venting the exhaust from the kiln through the APCD by the time the kiln exhaust temperature reaches the minimum APCD inlet temperature.
4. Existing, new or reconstructed tunnel kiln during periods of shutdown a. Minimize HAP emissions i. Do not push loaded kiln cars into the kiln once the kiln exhaust temperature falls below the minimum APCD inlet temperature if the kiln is controlled by an APCD or when the kiln temperature profile is no longer maintained for an uncontrolled kiln; and
ii. If your kiln has an APCD, continue to vent the exhaust from the kiln through the APCD until the kiln exhaust temperature falls below the minimum inlet temperature for the APCD.
5. Existing, new or reconstructed tunnel kiln during periods of routine control device maintenance a. Minimize HAP emissions. i. Develop and use a temperature profile for each kiln; and
ii. Develop and follow maintenance procedures for each kiln that, at a minimum, specify the frequency of inspection and maintenance of temperature monitoring devices and controls that regulate air-to-fuel ratios; and
iii. Develop and maintain records for each kiln, as specified in § 63.8490(a)(3).

Table 4 to Subpart JJJJJ of Part 63—Requirements for Performance Tests

As stated in § 63.8445, you must conduct each performance test in the following table that applies to you:

For each . . . You must . . . Using . . . According to the following requirements . . .
1. Tunnel kiln a. Select locations of sampling ports and the number of traverse points Method 1 or 1A of 40 CFR part 60, appendix A-1 Sampling sites must be located at the outlet of the APCD and prior to any releases to the atmosphere for all affected sources.
b. Determine velocities and volumetric flow rate Method 2 of 40 CFR part 60, appendix A-1 You may use Method 2A, 2C, 2D, or 2F of 40 CFR part 60, appendix A-1, or Method 2G of 40 CFR part 60, appendix A-2, as appropriate, as an alternative to using Method 2 of 40 CFR part 60, appendix A-1.
c. Conduct gas molecular weight analysis Method 3 of 40 CFR part 60, appendix A-2 You may use Method 3A or 3B of 40 CFR part 60, appendix A-2, as appropriate, as an alternative to using Method 3 of 40 CFR part 60, appendix A-2. ANSI/ASME PTC 19.10-1981 (incorporated by reference, see § 63.14) may be used as an alternative to the manual procedures (but not the instrumental procedures) in Methods 3A and 3B.
d. Measure moisture content of the stack gas Method 4 of 40 CFR part 60, appendix A-3
e. Measure HF, HCl and Cl2 emissions i. Method 26A of 40 CFR part 60, appendix A-8; or You may use Method 26 of 40 CFR part 60, appendix A-8, as an alternative to using Method 26A of 40 CFR part 60, appendix A-8, when no acid PM (e.g., HF or HCl dissolved in water droplets emitted by sources controlled by a WS) is present. ASTM D6735-01 (Reapproved 2009) (incorporated by reference, see § 63.14) may be used as an alternative to Methods 26 and 26A.
ii. Method 320 of appendix A of this part When using Method 320 of appendix A of this part, you must follow the analyte spiking procedures of section 13 of Method 320 of appendix A of this part, unless you can demonstrate that the complete spiking procedure has been conducted at a similar source. ASTM D6348-03 (Reapproved 2010) (incorporated by reference, see § 63.14) may be used as an alternative to Method 320 if the test plan preparation and implementation in Annexes A1-A8 are mandatory and the %R in Annex A5 is determined for each target analyte.
f. Measure PM emissions or non-Hg HAP metals i. For PM only: Method 5 of 40 CFR part 60, appendix A-3; or
ii. For PM or non-Hg HAP metals: Method 29 of 40 CFR part 60, appendix A-8
g. Measure Hg emissions Method 29 of 40 CFR part 60, appendix A-8 ASTM D6784-02 (Reapproved 2008) (incorporated by reference, see § 63.14) may be used as an alternative to Method 29 (portion for Hg only).
2. Tunnel kiln with no add-on control Establish the operating limit(s) for kiln process rate if the total facility maximum potential HCl-equivalent emissions are greater than the HCl-equivalent limit in Table 1 to this subpart HCl-equivalent limit in Table 1 to this subpart and emissions and production data from the HF/HCl/Cl2 performance test Using the procedures in § 63.8445(g)(1), you must determine the maximum process rate(s) for your kiln(s) that would ensure total facility maximum potential HCl-equivalent emissions remain at or below the HCl-equivalent limit in Table 1 to this subpart. The maximum process rate(s) would become your site-specific process rate operating limit(s).
3. Tunnel kiln that is complying with PM and/or Hg production-based emission limits Determine the production rate during each PM/Hg test run in order to determine compliance with PM and/or Hg production-based emission limits Production data collected during the PM/Hg performance tests (e.g., no. of pushes per hour, no. of bricks per kiln car, weight of a typical fired brick) You must measure and record the production rate, on a fired-product basis, of the affected source for each of the three test runs.
4. Tunnel kiln equipped with a DLA a. Establish the operating limit for the average pressure drop across the DLA Data from the pressure drop measurement device during the HF/HCl/Cl2 performance test You must continuously measure the pressure drop across the DLA, determine and record the block average pressure drop values for the three test runs, and determine and record the 3-hour block average of the recorded pressure drop measurements for the three test runs. The average of the three test runs establishes your minimum site-specific pressure drop operating limit.
b. Establish the operating limit for the limestone feeder setting Data from the limestone feeder during the HF/HCl/Cl2 performance test You must ensure that you maintain an adequate amount of limestone in the limestone hopper, storage bin (located at the top of the DLA), and DLA at all times during the performance test. You must establish your limestone feeder setting, on a per ton of fired product basis, one week prior to the performance test and maintain the feeder setting for the one-week period that precedes the performance test and during the performance test.
c. Document the source and grade of limestone used Records of limestone purchase
5. Tunnel kiln equipped with a DIFF or DLS/FF Establish the operating limit for the lime feeder setting Data from the lime feeder during the HF/HCl/Cl2 performance test For continuous lime injection systems, you must ensure that lime in the feed hopper or silo and to the APCD is free-flowing at all times during the performance test and record the feeder setting, on a per ton of fired product basis, for the three test runs. If the feed rate setting varies during the three test runs, determine and record the average feed rate from the three test runs. The average of the three test runs establishes your minimum site-specific feed rate operating limit.
6. Tunnel kiln equipped with a WS a. Establish the operating limit for the average scrubber liquid pH Data from the pH measurement device during the performance HF/HCl/Cl2 performance test You must continuously measure the scrubber liquid pH, determine and record the block average pH values for the three test runs, and determine and record the 3-hour block average of the recorded pH measurements for the three test runs. The average of the three test runs establishes your minimum site-specific liquid pH operating limit.
b. Establish the operating limit for the average scrubber liquid flow rate Data from the flow rate measurement device during the HF/HCl/Cl2 and PM/non-Hg HAP metals performance tests You must continuously measure the scrubber liquid flow rate, determine and record the block average flow rate values for the three test runs, and determine and record the 3-hour block average of the recorded flow rate measurements for the three test runs. The average of the three test runs establishes your minimum site-specific liquid flow rate operating level. If different average wet scrubber liquid flow rate values are measured during the HF/HCl/Cl2 and PM/non-Hg HAP metals tests, the highest of the average values become your site-specific operating limit.
7. Tunnel kiln equipped with an ACI system Establish the operating limit for the average carbon flow rate Data from the carbon flow rate measurement conducted during the Hg performance test You must measure the carbon flow rate during each test run, determine and record the block average carbon flow rate values for the three test runs, and determine and record the 3-hour block average of the recorded carbon flow rate measurements for the three test runs. The average of the three test runs establishes your minimum site-specific activated carbon flow rate operating limit.

Table 5 to Subpart JJJJJ of Part 63—Initial Compliance With Emission Limitations and Work Practice Standards

As stated in § 63.8455, you must demonstrate initial compliance with each emission limitation and work practice standard that applies to you according to the following table:

For each . . . For the following . . . You have demonstrated initial compliance
if . . .
1. Collection of all tunnel kilns at the facility, including all process streams a. HF, HCl, and Cl2 emissions must not exceed 26 kg/hr (57 lb/hr) HCl equivalent i. You measure HF, HCl, and Cl2 emissions for each kiln using Method 26 or 26A of 40 CFR part 60, appendix A-8 or its alternative, ASTM D6735-01 (Reapproved 2009) (incorporated by reference, see § 63.14); or Method 320 of appendix A of this part or its alternative, ASTM D6348-03 (Reapproved 2010) (incorporated by reference, see § 63.14); and
ii. You calculate the HCl-equivalent emissions for each kiln using Equation 2 to this subpart; and
iii. You sum the HCl-equivalent values for all kilns at the facility using Equation 3 to this subpart; and
iv. The facility total HCl-equivalent does not exceed 26 kg/hr (57 lb/hr).
2. Existing large tunnel kiln (design capacity ≥10 tph of fired product), including all process streams a. PM emissions must not exceed 0.018 kg/Mg (0.036 lb/ton) of fired product or 6.6 mg/dscm (0.0029 gr/dscf) at 17% O2; or i. The PM emissions measured using Method 5 of 40 CFR part 60, appendix A-3 or Method 29 of 40 CFR part 60, appendix A-8, over the period of the initial performance test, according to the calculations in § 63.8445(f)(1), do not exceed 0.018 kg/Mg (0.036 lb/ton) of fired product or 6.6 mg/dscm (0.0029 gr/dscf) at 17% O2; and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which PM emissions did not exceed 0.018 kg/Mg (0.036 lb/ton) of fired product or 6.6 mg/dscm (0.0029 gr/dscf) at 17% O2.
b. Non-Hg HAP metals emissions must not exceed 0.0026 kg/hr (0.0057 lb/hr) i. The non-Hg HAP metals emissions measured using Method 29 of 40 CFR part 60, appendix A-8, over the period of the initial performance test, do not exceed 0.0026 kg/hr (0.0057 lb/hr); and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which non-Hg HAP metals emissions did not exceed 0.0026 kg/hr (0.0057 lb/hr).
c. Hg emissions must not exceed 2.1 E-05 kg/Mg (4.1 E-05 lb/ton) of fired product or 7.7 µg/dscm at 17% O2 or 2.5 E-04 kg/hr (5.5 E-04 lb/hr) i. The Hg emissions measured using Method 29 of 40 CFR part 60, appendix A-8 or its alternative, ASTM D6784-02 (Reapproved 2008) (incorporated by reference, see § 63.14), over the period of the initial performance test, do not exceed 2.1 E-05 kg/Mg (4.1 E-05 lb/ton) of fired product or 7.7 µg/dscm at 17% O2 or 2.5 E-04 kg/hr (5.5 E-04 lb/hr); and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which Hg emissions did not exceed 2.1 E-05 kg/Mg (4.1 E-05 lb/ton) of fired product or 7.7 µg/dscm at 17% O2 or 2.5 E-04 kg/hr (5.5 E-04 lb/hr).
3. Existing small tunnel kiln (design capacity <10 tph of fired product), including all process streams a. PM emissions must not exceed 0.19 kg/Mg (0.37 lb/ton) of fired product or 4.8 mg/dscm (0.0021 gr/dscf) at 17% O2; or i. The PM emissions measured using Method 5 of 40 CFR part 60, appendix A-3 or Method 29 of 40 CFR part 60, appendix A-8, over the period of the initial performance test, according to the calculations in § 63.8445(f)(1), do not exceed 0.19 kg/Mg (0.37 lb/ton) of fired product or 4.8 mg/dscm (0.0021 gr/dscf) at 17% O2; and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which PM emissions did not exceed 0.19 kg/Mg (0.37 lb/ton) of fired product or 4.8 mg/dscm (0.0021 gr/dscf) at 17% O2.
b. Non-Hg HAP metals emissions must not exceed 0.047 kg/hr (0.11 lb/hr) i. The non-Hg HAP metals emissions measured using Method 29 of 40 CFR part 60, appendix A-8, over the period of the initial performance test, do not exceed 0.047 kg/hr (0.11 lb/hr); and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which non-Hg HAP metals emissions did not exceed 0.047 kg/hr (0.11 lb/hr).
c. Hg emissions must not exceed 1.7 E-04 kg/Mg (3.3 E-04 lb/ton) of fired product or 91 µg/dscm at 17% O2 or 8.5 E-04 kg/hr (0.0019 lb/hr) i. The Hg emissions measured using Method 29 of 40 CFR part 60, appendix A-8 or its alternative, ASTM D6784-02 (Reapproved 2008) (incorporated by reference, see § 63.14), over the period of the initial performance test, do not exceed 1.7 E-04 kg/Mg (3.3 E-04 lb/ton) of fired product or 91 µg/dscm at 17% O2 or 8.5 E-04 kg/hr (0.0019 lb/hr); and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which Hg emissions did not exceed 1.7 E-04 kg/Mg (3.3 E-04 lb/ton) of fired product or 91 µg/dscm at 17% O2 or 8.5 E-04 kg/hr (0.0019 lb/hr).
4. New or reconstructed large tunnel kiln (design capacity ≥10 tph of fired product), including all process streams a. PM emissions must not exceed 0.0089 kg/Mg (0.018 lb/ton) of fired product or 3.2 mg/dscm (0.0014 gr/dscf) at 17% O2; or i. The PM emissions measured using Method 5 of 40 CFR part 60, appendix A-3, over the period of the initial performance test, according to the calculations in § 63.8445(f)(1), do not exceed 0.0089 kg/Mg (0.018 lb/ton) of fired product or 3.2 mg/dscm (0.0014 gr/dscf) at 17% O2; and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which PM emissions did not exceed 0.0089 kg/Mg (0.018 lb/ton) of fired product or 3.2 mg/dscm (0.0014 gr/dscf) at 17% O2.
b. Non-Hg HAP metals emissions must not exceed 0.0026 kg/hr (0.0057 lb/hr) i. The non-Hg HAP metals emissions measured using Method 29 of 40 CFR part 60, appendix A-8, over the period of the initial performance test, do not exceed 0.0026 kg/hr (0.0057 lb/hr); and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which non-Hg HAP metals emissions did not exceed 0.0026 kg/hr (0.0057 lb/hr).
c. Hg emissions must not exceed 1.4 E-05 kg/Mg (2.8 E-05 lb/ton) of fired product or 6.2 µg/dscm at 17% O2 or 1.6 E-04 kg/hr (3.4 E-04 lb/hr) i. The Hg emissions measured using Method 29 of 40 CFR part 60, appendix A-8 or its alternative, ASTM D6784-02 (Reapproved 2008) (incorporated by reference, see § 63.14), over the period of the initial performance test, do not exceed 1.4 E-05 kg/Mg (2.8 E-05 lb/ton) of fired product or 6.2 µg/dscm at 17% O2 or 1.6 E-04 kg/hr (3.4 E-04 lb/hr); and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which Hg emissions did not exceed 1.4 E-05 kg/Mg (2.8 E-05 lb/ton) of fired product or 6.2 µg/dscm at 17% O2 or 1.6 E-04 kg/hr (3.4 E-04 lb/hr).
5. New or reconstructed small tunnel kiln (design capacity <10 tph of fired product), including all process streams a. PM emissions must not exceed 0.015 kg/Mg (0.030 lb/ton) of fired product or 4.7 mg/dscm (0.0021 gr/dscf) at 17% O2; or i. The PM emissions measured using Method 5 of 40 CFR part 60, appendix A-3, over the period of the initial performance test, according to the calculations in § 63.8445(f)(1), do not exceed 0.015 kg/Mg (0.030 lb/ton) of fired product or 4.7 mg/dscm (0.0021 gr/dscf) at 17% O2; and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which PM emissions did not exceed 0.015 kg/Mg (0.030 lb/ton) of fired product or 4.7 mg/dscm (0.0021 gr/dscf) at 17% O2.
b. Non-Hg HAP metals emissions must not exceed 0.047 kg/hr (0.11 lb/hr) i. The non-Hg HAP metals emissions measured using Method 29 of 40 CFR part 60, appendix A-8, over the period of the initial performance test, do not exceed 0.047 kg/hr (0.11 lb/hr); and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which non-Hg HAP metals emissions did not exceed 0.047 kg/hr (0.11 lb/hr).
c. Hg emissions must not exceed 1.7 E-04 kg/Mg (3.3 E-04 lb/ton) of fired product or 91 µg/dscm at 17% O2 or 8.5 E-04 kg/hr (0.0019 lb/hr) i. The Hg emissions measured using Method 29 of 40 CFR part 60, appendix A-8 or its alternative, ASTM D6784-02 (Reapproved 2008) (incorporated by reference, see § 63.14), over the period of the initial performance test, do not exceed 1.7 E-04 kg/Mg (3.3 E-04 lb/ton) of fired product or 91 µg/dscm at 17% O2 or 8.5 E-04 kg/hr (0.0019 lb/hr); and
ii. You establish and have a record of the applicable operating limits listed in Table 2 to this subpart over the 3-hour performance test during which Hg emissions did not exceed 1.7 E-04 kg/Mg (3.3 E-04 lb/ton) of fired product or 91 µg/dscm at 17% O2 or 8.5 E-04 kg/hr (0.0019 lb/hr).
6. Existing, new or reconstructed periodic kiln a. Minimize HAP emissions i. Develop a designed firing time and temperature cycle for each periodic kiln. You must either program the time and temperature cycle into your kiln or track each step on a log sheet; and
ii. Label each periodic kiln with the maximum load (in tons) of product that can be fired in the kiln during a single firing cycle; and
iii. Develop maintenance procedures for each kiln that, at a minimum, specify the frequency of inspection and maintenance of temperature monitoring devices, controls that regulate air-to-fuel ratios, and controls that regulate firing cycles.
7. Existing, new or reconstructed tunnel kiln a. Minimize dioxin/furan emissions i. Conduct initial inspection of the burners and associated combustion controls (as applicable); and
ii. Tune the specific burner type to optimize combustion.

Table 6 to Subpart JJJJJ of Part 63—Continuous Compliance With Emission Limitations and Work Practice Standards

As stated in § 63.8470, you must demonstrate continuous compliance with each emission limitation and work practice standard that applies to you according to the following table:

For each . . . For the following . . . You must demonstrate continuous compliance by . . .
1. Tunnel kiln equipped with a DLA a. Each emission limit in Table 1 to this subpart and each operating limit in Item 1 of Table 2 to this subpart for tunnel kilns equipped with a DLA i. Collecting the DLA pressure drop data according to § 63.8450(a); reducing the DLA pressure drop data to 3-hour block averages according to § 63.8450(a); maintaining the average pressure drop across the DLA for each 3-hour block period at or above the average pressure drop established during the HF/HCl/Cl2 performance test in which compliance was demonstrated; or continuously monitoring the bypass stack damper position at least once every 15 minutes during normal kiln operation, and initiating corrective action within 1 hour after the bypass damper is opened allowing the kiln exhaust gas to bypass the DLA and completing corrective action in accordance with your OM&M plan; and
ii. Verifying that the limestone hopper and storage bin (located at the top of the DLA) contain adequate limestone by performing a daily visual check, which could include one of the following: (1) Conducting a physical check of the hopper; (2) creating a visual access point, such as a window, on the side of the hopper; (3) installing a camera in the hopper that provides continuous feed to a video monitor in the control room; or (4) confirming that load level indicators in the hopper are not indicating the need for additional limestone; and
iii. Recording the limestone feeder setting daily (on a per ton of fired product basis) to verify that the feeder setting is being maintained at or above the level established during the HF/HCl/Cl2 performance test in which compliance was demonstrated; and
iv. Using the same grade of limestone from the same source as was used during the HF/HCl/Cl2 performance test; maintaining records of the source and type of limestone; and
v. Performing VE observations of the DLA stack at the frequency specified in § 63.8470(e) using Method 22 of 40 CFR part 60, appendix A-7; maintaining no VE from the DLA stack.
2. Tunnel kiln equipped with a DIFF or DLS/FF a. Each emission limit in Table 1 to this subpart and each operating limit in Item 2 of Table 2 to this subpart for tunnel kilns equipped with DIFF or DLS/FF i. If you use a bag leak detection system, as prescribed in 63.8450(e), initiating corrective action within 1 hour of a bag leak detection system alarm and completing corrective actions in accordance with your OM&M plan; operating and maintaining the fabric filter such that the alarm is not engaged for more than 5 percent of the total operating time in a 6-month block reporting period; in calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted; if corrective action is required, each alarm is counted as a minimum of 1 hour; if you take longer than 1 hour to initiate corrective action, the alarm time is counted as the actual amount of time taken by you to initiate corrective action; or performing VE observations of the DIFF or DLS/FF stack at the frequency specified in § 63.8470(e) using Method 22 of 40 CFR part 60, appendix A-7; and maintaining no VE from the DIFF or DLS/FF stack; and
ii. Verifying that lime is free-flowing via a load cell, carrier gas/lime flow indicator, carrier gas pressure drop measurement system, or other system; recording all monitor or sensor output, and if lime is found not to be free flowing, promptly initiating and completing corrective actions in accordance with your OM&M plan; recording the feeder setting once during each shift of operation to verify that the feeder setting is being maintained at or above the level established during the HF/HCl/Cl2 performance test in which compliance was demonstrated.
3. Tunnel kiln equipped with a WS a. Each emission limit in Table 1 to this subpart and each operating limit in Item 3 of Table 2 to this subpart for tunnel kilns equipped with WS i. Collecting the scrubber liquid pH data according to § 63.8450(a); reducing the scrubber liquid pH data to 3-hour block averages according to § 63.8450(a); maintaining the average scrubber liquid pH for each 3-hour block period at or above the average scrubber liquid pH established during the HF/HCl/Cl2 performance test in which compliance was demonstrated; and
ii. Collecting the scrubber liquid flow rate data according to § 63.8450(a); reducing the scrubber liquid flow rate data to 3-hour block averages according to § 63.8450(a); maintaining the average scrubber liquid flow rate for each 3-hour block period at or above the highest average scrubber liquid flow rate established during the HF/HCl/Cl2 and PM/non-Hg HAP metals performance tests in which compliance was demonstrated.
4. Tunnel kiln equipped with an ACI system Each emission limit in Table 1 to this subpart and each operating limit in Item 4 of Table 2 to this subpart for tunnel kilns equipped with ACI system Collecting the carbon flow rate data according to § 63.8450(a); reducing the carbon flow rate data to 3-hour block averages according to § 63.8450(a); maintaining the average carbon flow rate for each 3-hour block period at or above the average carbon flow rate established during the Hg performance test in which compliance was demonstrated.
5. Tunnel kiln with no add-on control a. Each emission limit in Table 1 to this subpart and each operating limit in Item 5 of Table 2 to this subpart for tunnel kilns with no add-on control i. Performing VE observations of the stack at the frequency specified in § 63.8470(e) using Method 22 of 40 CFR part 60, appendix A-7; and maintaining no VE from the stack.
ii. If your last calculated total facility maximum potential HCl-equivalent was not at or below the health-based standard in Table 1 to this subpart, collecting the kiln process rate data according to § 63.8450(a); reducing the kiln process rate data to 3-hour block averages according to § 63.8450(a); maintaining the average kiln process rate for each 3-hour block period at or below the kiln process rate determined according to § 63.8445(g)(1).
6. Periodic kiln a. Minimize HAP emissions i. Using a designed firing time and temperature cycle for each periodic kiln; and
ii. For each firing load, documenting the total tonnage of product placed in the kiln to ensure that it is not greater than the maximum load identified in Item 1.a.ii of Table 3 to this subpart; and
iii. Following maintenance procedures for each kiln that, at a minimum, specify the frequency of inspection and maintenance of temperature monitoring devices, controls that regulate air-to-fuel ratios, and controls that regulate firing cycles; and
iv. Developing and maintaining records for each periodic kiln, as specified in § 63.8490.
7. Tunnel kiln a. Minimize dioxin/furan emissions i. Maintaining and inspecting the burners and associated combustion controls (as applicable) and tuning the specific burner type to optimize combustion no later than 36 calendar months after the previous tune-up; and
ii. Maintaining records of burner tune-ups used to demonstrate compliance with the dioxin/furan work practice standard; and
iii. Submitting a report of most recent tune-up conducted with compliance report.

Table 7 to Subpart JJJJJ of Part 63—Compliance Dates

As stated in § 63.8395, you must meet each compliance date in the following table that applies to you:

If you have a(n) . . . Then you must . . . No later than . . .
1. New or reconstructed affected source and the initial startup of your affected source is after December 18, 2014, but before December 28, 2015 Comply with the applicable emission limitations and work practice standards in Tables 1, 2, and 3 to this subpart December 28, 2015.
2. New or reconstructed affected source and the initial startup of your affected source is after December 28, 2015 Comply with the applicable emission limitations and work practice standards in Tables 1, 2, and 3 to this subpart Initial startup of your affected source.
3. Existing affected source Comply with the applicable emission limitations and work practice standards in Tables 1, 2, and 3 to this subpart December 26, 2018.
4. Existing area source that increases its emissions or its potential to emit such that it becomes a major source of HAP by adding a new affected source or by reconstructing Be in compliance with this subpart Initial startup of your affected source as a major source.
5. New area source (i.e., an area source for which construction or reconstruction commenced after December 18, 2014) that increases its emissions or its potential to emit such that it becomes a major source of HAP Be in compliance with this subpart Initial startup of your affected source as a major source.

Table 8 to Subpart JJJJJ of Part 63—Deadlines for Submitting Notifications

As stated in § 63.8480, you must submit each notification that applies to you according to the following table:

If you . . . You must . . . No later than . . . As specified in . . .
1. Start up your affected source before December 28, 2015 Submit an Initial Notification June 22, 2016, or no later than 120 days after the source becomes subject to this subpart, whichever is later § 63.9(b)(2).
2. Start up your new or reconstructed affected source on or after December 28, 2015 Submit an Initial Notification 120 calendar days after you become subject to this subpart § 63.9(b)(2).
3. Are required to conduct a performance test Submit a notification of intent to conduct a performance test 60 calendar days before the performance test is scheduled to begin § 63.7(b)(1).
4. Are required to conduct a compliance demonstration that includes a performance test according to the requirements in Table 4 to this subpart Submit a Notification of Compliance Status, including the performance test results 60 calendar days following the completion of the performance test, by the close of business § 63.9(h) and § 63.10(d)(2).
5. Are required to conduct a compliance demonstration required in Table 5 to this subpart that does not include a performance test (i.e., compliance demonstrations for the work practice standards) Submit a Notification of Compliance Status 30 calendar days following the completion of the compliance demonstrations, by the close of business § 63.9(h).
6. Request to use the routine control device maintenance alternative standard according to § 63.8420(d) Submit your request 120 calendar days before the compliance date specified in § 63.8395

[80 FR 65520, Oct. 26, 2015, as amended at 85 FR 73914, Nov. 19, 2020]

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

As stated in § 63.8485, you must submit each report that applies to you according to the following table:

You must submit . . . The report must contain . . . You must submit the report . . .
1. A compliance report. a. If there are no deviations from any emission limitations (emission limits, operating limits) that apply to you, a statement that there were no deviations from the emission limitations during the reporting period. If there were no periods during which the CMS was out-of-control as specified in your OM&M plan, a statement that there were no periods during which the CMS was out-of-control during the reporting period Semiannually according to the requirements in § 63.8485(b).
b. If you have a deviation from any emission limitation (emission limit, operating limit) during the reporting period, the report must contain the information in § 63.8485(c)(9). If there were periods during which the CMS was out-of-control, as specified in your OM&M plan, the report must contain the information in § 63.8485(d) Semiannually according to the requirements in § 63.8485(b).

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

As stated in § 63.8505, you must comply with the General Provisions in §§ 63.1 through 63.16 that apply to you according to the following table:

Citation Subject Brief description Applies to subpart JJJJJ?
§ 63.1 Applicability Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications Yes.
§ 63.2 Definitions Definitions for part 63 standards Yes.
§ 63.3 Units and Abbreviations Units and abbreviations for part 63 standards Yes.
§ 63.4 Prohibited Activities Compliance date; circumvention; severability Yes.
§ 63.5 Construction/Reconstruction Applicability; applications; approvals Yes.
§ 63.6(a) Applicability General Provisions (GP) apply unless compliance extension; GP apply to area sources that become major Yes.
§ 63.6(b)(1)-(4) Compliance Dates for New and Reconstructed sources Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f) Yes.
§ 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal Yes.
§ 63.6(b)(6) [Reserved] No.
§ 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources That Become Major Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were area sources Yes.
§ 63.6(c)(1)-(2) Compliance Dates for Existing Sources Comply according to date in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 calendar days of effective date unless compliance extension Yes.
§ 63.6(c)(3)-(4) [Reserved] No.
§ 63.6(c)(5) Compliance Dates for Existing Area Sources That Become Major Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (for example, 3 years) Yes.
§ 63.6(d) [Reserved] No.
§ 63.6(e)(1)(i) Operation & Maintenance General Duty to minimize emissions No. See § 63.8420(b) for general duty requirement.
§ 63.6(e)(1)(ii) Operation & Maintenance Requirement to correct malfunctions ASAP No.
§ 63.6(e)(1)(iii) Operation & Maintenance Operation and maintenance requirements enforceable independent of emissions limitations Yes.
§ 63.6(e)(2) [Reserved] No.
§ 63.6(e)(3) Startup, Shutdown, and Malfunction Plan (SSMP) Requirement for startup, shutdown, and malfunction (SSM) and SSMP; content of SSMP No.
§ 63.6(f)(1) Compliance Except During SSM You must comply with emission standards at all times except during SSM No.
§ 63.6(f)(2)-(3) Methods for Determining Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes.
§ 63.6(g) Alternative Standard Procedures for getting an alternative standard Yes.
§ 63.6(h) Opacity/VE Standards Requirements for opacity and VE standards No, not applicable.
§ 63.6(i) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes.
§ 63.6(j) Presidential Compliance Exemption President may exempt source category Yes.
§ 63.7(a)(1)-(2) Performance Test Dates Dates for conducting initial performance testing and other compliance demonstrations for emission limits and work practice standards; must conduct 180 calendar days after first subject to rule Yes.
§ 63.7(a)(3) Section 114 Authority Administrator may require a performance test under CAA section 114 at any time Yes.
§ 63.7(a)(4) Notification of Delay in Performance Testing Due To Force Majeure Must notify Administrator of delay in performance testing due to force majeure Yes.
§ 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 calendar days before the test Yes.
§ 63.7(b)(2) Notification of Rescheduling Must notify Administrator 5 calendar days before scheduled date of rescheduled date Yes.
§ 63.7(c) Quality Assurance(QA)/Test Plan Requirements; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing Yes.
§ 63.7(d) Testing Facilities Requirements for testing facilities Yes.
§ 63.7(e)(1) Conditions for Conducting Performance Tests Cannot conduct performance tests during SSM; not a violation to exceed standard during SSM No, § 63.8445 specifies requirements.
§ 63.7(e)(2)-(3) Conditions for Conducting Performance Tests Must conduct according to subpart and EPA test methods unless Administrator approves alternative; must have at least three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; conditions when data from an additional test run can be used Yes.
§ 63.7(e)(4) Testing under Section 114 Administrator's authority to require testing under section 114 of the Act Yes.
§ 63.7(f) Alternative Test Method Procedures by which Administrator can grant approval to use an alternative test method Yes.
§ 63.7(g) Performance Test Data Analysis Must include raw data in performance test report; must submit performance test data 60 calendar days after end of test with the notification of compliance status Yes.
§ 63.7(h) Waiver of Tests Procedures for Administrator to waive performance test Yes.
§ 63.8(a)(1) Applicability of Monitoring Requirements Subject to all monitoring requirements in subpart Yes.
§ 63.8(a)(2) Performance Specifications Performance Specifications in appendix B of 40 CFR part 60 apply Yes.
§ 63.8(a)(3) [Reserved] No.
§ 63.8(a)(4) Monitoring with Flares Requirements for flares in § 63.11 apply No, not applicable.
§ 63.8(b)(1) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes.
§ 63.8(b)(2)-(3) Multiple Effluents and Multiple Monitoring Systems Specific requirements for installing and reporting on monitoring systems Yes.
§ 63.8(c)(1) Monitoring System Operation and Maintenance Maintenance consistent with good air pollution control practices Yes.
§ 63.8(c)(1)(i) Routine and Predictable SSM Reporting requirements for SSM when action is described in SSMP No.
§ 63.8(c)(1)(ii) SSM not in SSMP Reporting requirements for SSM when action is not described in SSMP Yes.
§ 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements How Administrator determines if source complying with operation and maintenance requirements No.
§ 63.8(c)(2)-(3) Monitoring System Installation Must install to get representative emission and parameter measurements Yes.
§ 63.8(c)(4) CMS Requirements Requirements for CMS No, § 63.8450 specifies requirements.
§ 63.8(c)(5) Continuous Opacity Monitoring System (COMS) Minimum Procedures COMS minimum procedures No, not applicable.
§ 63.8(c)(6) CMS Requirements Zero and high level calibration check requirements Yes.
§ 63.8(c)(7)-(8) CMS Requirements Out-of-control periods Yes.
§ 63.8(d)(1) and (2) CMS Quality Control Requirements for CMS quality control Yes.
§ 63.8(d)(3) CMS Quality Control Written procedures for CMS No, § 63.8425(b)(9) specifies requirements
§ 63.8(e) CMS Performance Evaluation Requirements for CMS performance evaluation Yes.
§ 63.8(f)(1)-(5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes.
§ 63.8(f)(6) Alternative to Relative Accuracy Test Procedures for Administrator to approve alternative relative accuracy test for continuous emissions monitoring systems (CEMS) No, not applicable.
§ 63.8(g) Data Reduction COMS and CEMS data reduction requirements No, not applicable.
§ 63.9(a) Notification Requirements Applicability; State delegation Yes.
§ 63.9(b) Initial Notifications Requirements for initial notifications
§ 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed BACT/LAER Yes.
§ 63.9(d) Notification of Special Compliance Requirements for New Source For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date Yes.
§ 63.9(e) Notification of Performance Test Notify Administrator 60 calendar days prior Yes.
§ 63.9(f) Notification of VE/Opacity Test Notify Administrator 30 calendar days prior No, not applicable.
§ 63.9(g)(1) Additional Notifications When Using CMS Notification of performance evaluation Yes.
§ 63.9(g)(2)-(3) Additional Notifications When Using CMS Notification of COMS data use; notification that relative accuracy alternative criterion were exceeded No, not applicable.
§ 63.9(h) Notification of Compliance Status Contents; submittal requirements Yes.
§ 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes.
§ 63.9(j) Change in Previous Information Must submit within 15 calendar days after the change Yes.
§ 63.9(k) Electronic reporting procedures Electronic reporting procedures for notifications per § 63.9(j) Yes.
§ 63.10(a) Recordkeeping/Reporting Applicability; general information Yes.
§ 63.10(b)(1) General Recordkeeping Requirements General requirements Yes.
§ 63.10(b)(2)(i) Records Related to SSM Recordkeeping of occurrence and duration of startups and shutdowns No.
§ 63.10(b)(2)(ii) Records Related to SSM Recordkeeping of failures to meet a standard No. See § 63.8490(c)(2) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the volume of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§ 63.10(b)(2)(iii) Records Related to SSM Maintenance records
§ 63.10(b)(2)(iv)-(v) Records Related to SSM Actions taken to minimize emissions during SSM No.
§ 63.10(b)(2)(vi)-(xii) and (xiv) CMS Records Records when CMS is malfunctioning, inoperative or out-of-control Yes.
§ 63.10(b)(2)(xiii) Records Records when using alternative to relative accuracy test
§ 63.10(b)(3) Records Applicability Determinations Yes.
§ 63.10(c)(1)-(15) Records Additional records for CMS No, §§ 63.8425 and 63.8490 specify requirements
§ 63.10(d)(1) and (2) General Reporting Requirements Requirements for reporting; performance test results reporting Yes.
§ 63.10(d)(3) Reporting Opacity or VE Observations Requirements for reporting opacity and VE No, not applicable.
§ 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes.
§ 63.10(d)(5) SSM Reports Contents and submission. No. See § 63.8485(c)(9) for malfunction reporting requirements.
§ 63.10(e)(1)-(3) Additional CMS Reports Requirements for CMS reporting No, §§ 63.8425 and 63.8485 specify requirements.
§ 63.10(e)(4) Reporting COMS data Requirements for reporting COMS data with performance test data No, not applicable.
§ 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes.
§ 63.11 Flares Requirement for flares No, not applicable.
§ 63.12 Delegation State authority to enforce standards
§ 63.13 Addresses Addresses for reports, notifications, requests Yes.
§ 63.14 Incorporation by Reference Materials incorporated by reference Yes.
§ 63.15 Availability of Information Information availability; confidential information Yes.
§ 63.16 Performance Track Provisions Requirements for Performance Track member facilities Yes.

[80 FR 65520, Oct. 26, 2015, as amended at 85 FR 73915, Nov. 19, 2020]

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