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42 U.S.C. 7401 et seq.
57 FR 61992, Dec. 29, 1992, unless otherwise noted.
68 FR 64446, Nov. 13, 2003, unless otherwise noted.
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Subscribe to: 40 CFR Part 63 Subpart KKKK - Other Requirements and Information
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The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.
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(a) This subpart can be implemented and enforced by us, the United States Environmental Protection Agency (U.S. EPA), or a delegated authority such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency, in addition to the EPA, has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section.
(1) Approval of alternatives to the work practice standards in § 63.3493.
(2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.
(4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.
Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows:
Add-on control means an air pollution control device, such as a thermal oxidizer or carbon adsorber, that reduces pollution in an air stream by destruction or removal before discharge to the atmosphere.
Adhesive means any chemical substance that is applied for the purpose of bonding two surfaces together.
Aerosol can means any can into which a pressurized aerosol product is packaged.
Aseptic coating means any coating that must withstand high temperature steam, chemicals, or a combination of both used to sterilize food cans prior to filling.
Can body means a formed metal can, excluding the unattached end(s).
Can end means a can part manufactured from metal substrate equal to or thinner than 0.3785 millimeters (mm) (0.0149 inch) for the purpose of sealing the ends of can bodies including nonmetal or composite can bodies.
Capture device means a hood, enclosure, room, floor sweep, or other means of containing or collecting emissions and directing those emissions into an add-on air pollution control device.
Capture efficiency or capture system efficiency means the portion (expressed as a percentage) of the pollutants from an emission source that is delivered to an add-on control device.
Capture system means one or more capture devices intended to collect emissions generated by a coating operation in the use of coatings, both at the point of application and at subsequent points where emissions from the coatings occur, such as flash-off, drying, or curing.
Cleaning material means a solvent used to remove contaminants and other materials such as dirt, grease, oil, and dried or wet coating (e.g., depainting) from a substrate before or after coating application or from equipment associated with a coating operation, such as spray booths, spray guns, racks, tanks, and hangers. Thus, it includes any cleaning material used on substrates or equipment or both.
Coating means a material applied to a substrate for decorative, protective, or functional purposes. Such materials include, but are not limited to, paints, sealants, caulks, inks, adhesives, and maskants. Fusion pastes, ink jet markings, mist solutions, and lubricants, as well as decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances, are not considered coatings for the purposes of this subpart.
Coating operation means equipment used to apply coating to a metal can or end (including decorative tins), or metal crown or closure, and to dry or cure the coating after application. A coating operation always includes at least the point at which a coating is applied and all subsequent points in the affected source where organic HAP emissions from that coating occur. There may be multiple coating operations in an affected source. Coating application with hand-held nonrefillable aerosol containers, touch-up markers, or marking pens is not a coating operation for the purposes of this subpart.
Coating solids means the nonvolatile portion of a coating that makes up the dry film.
Continuous parameter monitoring system (CPMS) means the total equipment that may be required to meet the data acquisition and availability requirements of this subpart; used to sample, condition (if applicable), analyze, and provide a record of coating operation, capture system, or add-on control device parameters.
Controlled coating operation means a coating operation from which some or all of the organic HAP emissions are routed through an emission capture system and add-on control device.
Crowns and closures means steel or aluminum coverings such as bottle caps and jar lids for containers other than can ends.
Decorative tin means a single-walled container, designed to be covered or uncovered that is manufactured from metal substrate equal to or thinner than 0.3785 mm (0.0149 inch) and is normally coated on the exterior surface with decorative coatings. Decorative tins may contain foods but are not hermetically sealed and are not subject to food processing steps such as retort or pasteurization. Interior coatings are not usually applied to protect the metal and contents from chemical interaction.
Deviation, before August 24, 2020, means any instance in which an affected source subject to this subpart or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or
(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or
(3) Fails to meet any emission limit, operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction regardless of whether or not such failure is permitted by this subpart.
Deviation, on and after August 24, 2020, means any instance in which an affected source subject to this subpart or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or
(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit.
Drum means a cylindrical metal container with walls of 29 gauge or thicker and a capacity greater than 45.4 liters (12 gal).
Emission limitation means an emission limit, operating limit, or work practice standard.
Enclosure means a structure that surrounds a source of emissions and captures and directs the emissions to an add-on control device.
End coating means the application of end seal compound or repair spray on can ends during manufacturing.
End seal compound means the coating applied onto ends of cans that functions to seal the end(s) of a can to the can body.
Exempt compound means a specific compound that is not considered a VOC due to negligible photochemical reactivity. The exempt compounds are listed in 40 CFR 51.100(s).
Food can means any can manufactured to contain edible products and designed to be hermetically sealed. Does not include decorative tins.
Fusion paste means a material used to attach nozzles and other miscellaneous parts to general line cans.
General line can means any can manufactured to contain inedible products. Does not include aerosol cans or decorative tins.
Ink jet marking means the ink and makeup fluid used for date code and other identification markings on a can for the marking on a can indicating when food in a can has completed the retort process.
Inside spray means a coating sprayed on the interior of a can body to provide a protective film between the can and its contents.
Lubricant means an organic liquid used as a lubricating agent to facilitate the handling and fabrication (e.g., tab making, stamping, or necking) of can bodies or ends.
Manufacturer's formulation data means data on a material (such as a coating) that are supplied by the material manufacturer based on knowledge of the ingredients used to manufacture that material, rather than based on testing of the material with the test methods specified in § 63.3521. Manufacturer's formulation data may include, but are not limited to, information on density, organic HAP content, volatile organic matter content, and coating solids content.
Mass fraction of organic HAP means the ratio of the mass of organic HAP to the mass of a material in which it is contained, expressed as kg of organic HAP per kg of material.
Metal can means a single-walled container manufactured from metal substrate equal to or thinner than 0.3785 mm (0.0149 inch).
Mist solution means a hydrocarbon or aqueous solution used as an application aid with solvent-based or waterborne end seal compounds to prevent compound accumulation on the lining nozzle.
Month means a calendar month or a pre-specified period of 28 days to 35 days to allow for flexibility in recordkeeping when data are based on a business accounting period.
Nonaseptic coating means any coating that is not subjected to high temperature steam, chemicals, or a combination of both to sterilize food cans prior to filling.
One and two-piece draw and iron can means a steel or aluminum can manufactured by the draw and iron process. Includes two-piece beverage cans, two-piece food cans, and one-piece aerosol cans.
One-piece aerosol can means an aerosol can formed by the draw and iron process to which no ends are attached and a valve is placed directly on top.
Organic HAP content means the mass of organic HAP per volume of coating solids for a coating, calculated using Equation 1 of § 63.3521. The organic HAP content is determined for the coating in the condition it is in when received from its manufacturer or supplier and does not account for any alteration after receipt.
Pail means a cylindrical or rectangular metal container with walls of 29 gauge or thicker and a capacity of 7.6 to 45.4 liters (2 to 12 gal) (for example, bucket).
Permanent total enclosure (PTE) means a permanently installed enclosure that meets the criteria of Method 204 of appendix M, 40 CFR part 51, for a PTE and that directs all the exhaust gases from the enclosure to an add-on control device.
Protective oil means an organic material that is applied to metal for the purpose of providing lubrication or protection from corrosion without forming a solid film. This definition of protective oil includes, but is not limited to, lubricating oils, evaporative oils (including those that evaporate completely), and extrusion oils.
Repair spray means a spray coating for post-formed easy-open ends to provide additional protection in the scored areas by covering breaks at the score location or to provide an additional layer of protective coating on the interior of the end for corrosion resistance.
Research or laboratory equipment means any equipment that is being used to conduct research and development of new processes and products, when such equipment is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of final or intermediate products for commercial purposes, except in a de minimis manner.
Responsible official means responsible official as defined in 40 CFR 70.2.
Sheetcoating means a can manufacturing coating process that involves coating of flat metal sheets before they are formed into cans.
Side seam stripe means a coating applied to the interior and/or exterior of the welded or soldered seam of a three-piece can body to protect the exposed metal.
Startup, initial means the first time equipment is brought online in a facility.
Surface preparation means use of a cleaning material on a portion of or all of a substrate. That includes use of a cleaning material to remove dried coating which is sometimes called “depainting.”
Temporary total enclosure (TTE) means an enclosure constructed for the purpose of measuring the capture efficiency of pollutants emitted from a given source as defined in Method 204 of appendix M, 40 CFR part 51.
Thinner means an organic solvent that is added to a coating after the coating is received from the supplier.
Three-piece aerosol can means a steel aerosol can formed by the three-piece can assembly process manufactured to contain food or nonfood products.
Three-piece can assembly means the process of forming a flat metal sheet into a shaped can body which may include the processes of necking, flanging, beading, and seaming and application of a side seam stripe and/or an inside spray coating.
Three-piece food can means a steel can formed by the three-piece can assembly process manufactured to contain edible products and designed to be hermetically sealed.
Total volatile hydrocarbon (TVH) means the total amount of nonaqueous volatile organic matter determined according to Methods 204 and 204A through 204F of appendix M to 40 CFR part 51 and substituting the term TVH each place in the methods where the term VOC is used. The TVH includes both VOC and non-VOC.
Two-piece beverage can means a two-piece draw and iron can manufactured to contain drinkable liquids such as beer, soft drinks, or fruit juices.
Two-piece food can means a steel or aluminum can manufactured by the draw and iron process and designed to contain edible products other than beverages and to be hermetically sealed.
Uncontrolled coating operation means a coating operation from which none of the organic HAP emissions are routed through an emission capture system and add-on control device.
Volatile organic compound (VOC) means any compound defined as VOC in 40 CFR 51.100(s).
Volume fraction of coating solids means the ratio of the volume of coating solids (also known as volume of nonvolatiles) to the volume of coating; liters of coating solids per liter of coating.
Wastewater means water that is generated in a coating operation and is collected, stored, or treated prior to being discarded or discharged.
[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 FR 10856, Feb. 25, 2020]
You must comply with the emission limits that apply to your affected source in the following table as required by § 63.3490(a) through (c).
| If you apply surface coatings to metal cans or metal can parts in this subcategory ... | Then for all coatings of this type ... | You must meet the following organic HAP emission limit in kg HAP/liter solids (lbs HAP/gal solids): a b |
|---|---|---|
| 1. One and two-piece draw and iron can body coating | a. Two-piece beverage cans—all coatings b. Two-piece food cans—all coatings c. One-piece aerosol cans—all coatings |
0.04 (0.31). 0.06 (0.50). 0.08 (0.65). |
| 2. Sheetcoating | Sheetcoating | 0.02 (0.17). |
| 3. Three-piece can assembly | a. Inside spray | 0.12 (1.03). |
| b. Aseptic side seam stripes on food cans | 1.48 (12.37). | |
| c. Nonaseptic side seam stripes on food cans | 0.72 (5.96). | |
| d. Side seam stripes on general line nonfood cans | 1.18 (9.84). | |
| e. Side seam stripes on aerosol cans | 1.46 (12.14). | |
| 4. End coating | a. Aseptic end seal compounds | 0.06 (0.54). |
| b. Nonaseptic end seal compounds | 0.00 (0.00). | |
| c. Repair spray coatings | 0.64 (5.34). | |
| a If you apply surface coatings of more than one type within any one subcategory you may calculate an OSEL according to § 63.3531(i). | ||
| b Rounding differences in specific emission limits are attributable to unit conversions. | ||
You must comply with the emission limits that apply to your affected source in the following table as required by § 63.3490(a) through (c).
| If you apply surface coatings to metal cans or metal can parts in this subcategory ... | Then for all coatings of this type ... | You must meet the following organic HAP emission limit in kg HAP/liter solids (lbs HAP/gal solids): a b |
|---|---|---|
| 1. One and two-piece draw and iron can body coating | a. Two-piece beverage cans—all coatings b. Two-piece food cans—all coatings c. One-piece aerosol cans—all coatings |
0.07 (0.59). 0.06 (0.51). 0.12 (0.99). |
| 2. Sheetcoating | Sheetcoating | 0.03 (0.26). |
| 3. Three-piece can assembly | a. Inside spray | 0.29 (2.43). |
| b. Aseptic side seam stripes on food cans | 1.94 (16.16). | |
| c. Nonaseptic side seam stripes on food cans | 0.79 (6.57). | |
| d. Side seam stripes on general line nonfood cans | 1.18 (9.84). | |
| e. Side seam stripes on aerosol cans | 1.46 (12.14). | |
| 4. End coating | a. Aseptic end seal compounds | 0.06 (0.54). |
| b. Nonaseptic end seal compounds | 0.00 (0.00). | |
| c. Repair spray coatings | 2.06 (17.17). | |
| a If you apply surface coatings of more than one type within any one subcategory you may calculate an OSEL according to § 63.3531(i). | ||
| b Rounding differences in specific emission limits are attributable to unit conversions. | ||
You must comply with the emission limits that apply to your affected source in the following table as required by § 63.3490(d).
| If you use the control efficiency/outlet concentration option to comply with the emission limitations for any coating operation(s) . . . | Then you must comply with one of the following by using an emissions control system to . . . |
|---|---|
| 1. in a new or reconstructed affected source | a. reduce emissions of total HAP, measured as THC (as carbon), a by 97 percent; or b. limit emissions of total HAP, measured as THC (as carbon), a to 20 ppmvd at the control device outlet and use a PTE. |
| 2. in an existing affected source | a. reduce emissions of total HAP, measured as THC (as carbon), a by 95 percent; or b. limit emissions of total HAP, measured as THC (as carbon), a to 20 ppmvd at the control device outlet and use a PTE. |
| a You may choose to subtract methane from THC as carbon measurements. | |
If you are required to comply with operating limits by § 63.3492, you must comply with the applicable operating limits in the following table:
| For the following device . . . | You must meet the following operating limit . . . | And you must demonstrate continuous compliance with the operating limit by . . . |
|---|---|---|
| 1. Thermal oxidizer | a. The average combustion temperature in each 3-hour block period must not fall below the combustion temperature limit established according to § 63.3546(a) or § 63.3556(a). | i. Collecting the combustion temperature data according to § 63.3547(c) or § 63.3557(c); ii. Reducing the data to 3-hour block averages; and iii. Maintaining the 3-hour block average combustion temperature at or above the temperature limit established according to § 63.3546(a) or § 63.3556(a). |
| 2. Catalytic oxidizer | a. The average temperature difference across the catalyst bed in each 3-hour period does not fall below the temperature difference limit established according to § 63.3546(b)(2) or § 63.3556(b)(2); or | i. Collecting the temperature data according to § 63.3547(c) or § 63.3578(c); ii. Reducing the data to 3-hour block averages; and iii. Maintaining the 3-hour block average temperature difference at or above the temperature difference limit established according to § 63.3546(b)(2) or § 63.3556(b)(2). |
| b. The average temperature measured at the inlet to the catalyst bed in each 3-hour block period must not fall below the limit established according to § 63.3546(b) or § 63.3556(b); and | i. Collecting the temperature data according to § 63.3547(c) or § 63.3557(c); and ii. Reducing the data to 3-hour block averages, and iii. Maintaining the 3-hour block average temperature at the inlet to the catalyst bed at or above the temperature limit established according to § 63.3546(b) or § 63.3556(b). |
|
| c. Develop and implement an inspection and maintenance plan according to § 63.3546(b)(4) or § 63.3556(b)(4). | Maintaining an up-to-date inspection plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.3546(b)(4) or § 63.3556(b)(4), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. | |
| 3. Regenerative oxidizers | a. Develop and implement a valve inspection plan according to § 63.3546(c) or § 63.3546(c); and either | Maintaining an up-to-date valve inspection plan. If a problem is discovered during an inspection required by § 63.3556(c), or § 63.3556(c), you must take corrective action as soon as soon as practicable. |
| b. If you are using a regenerative thermal oxidizer, follow the operating limits according to 1.a of this table; or | See all applicable items in 1.a of this table. | |
| c. If you are using a regenerative catalytic oxidizer, follow the operating limits according to item 2.a of this table. | See all applicable items in 2.a, 2.b, and 2.c of this table. | |
| 4. Carbon adsorber | a. The total regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each carbon bed regeneration cycle must not fall below the total regeneration desorbing gas mass flow limit established according to § 63.3546(d) or § 63.3556(d). | i. Measuring the total regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each regeneration cycle according to § 63.3547(d) or § 63.3557(d); and ii. Maintaining the total regeneration desorbing gas mass flow at or above the mass flow limit. |
| b. The temperature of the carbon bed, after completing each regeneration and any cooling cycle, must not exceed the carbon bed temperature limit established according to § 63.3546(d) or § 63.3556(d). | i. Measuring the temperature of the carbon bed, after completing each regeneration and any cooling cycle, according to § 63.3547(d) or § 63.3557(d); and ii. Operating the carbon beds such that each carbon bed is not returned to service until completing each regeneration and any cooling cycle until the recorded temperature of the carbon bed is at or below the temperature limit. |
|
| 5. Condenser | a. The average condenser outlet (product side) gas temperature in each 3-hour period must not exceed the temperature limit established according to § 63,3546(e) or § 63.3556(e). | i. Collecting the condenser outlet (product side) gas temperature according to § 63.3547(e) or § 63.3557(e); ii. Reducing the data to 3-hour block averages; and iii. Maintaining the 3-hour block average gas temperature at the outlet at or below the temperature limit. |
| 6. Concentrators, including zeolite wheels and rotary carbon absorbers | a. The average inlet temperature measured from the desorption reactivation zone in each 3-hour block period must not fall below the limit established according to § 63.3546(f) or § 63.3556(f). | i. Collecting the temperature data including zeolite inlet temperature according to § 63.3547(f); ii. Reducing the data to 3-hour block averages; and iii. Maintaining the 3-hour block average temperature at or above the temperature limit. |
| b. The indicator of performance for the desorption reactivation fan operation in each 3-hour block period must not fall outside of the range established according to § 63.3547(f) or § 63.3556(f). | i. Collecting the indicator data according to § 63.3547(f) or § 63.3557(f); and ii. Maintaining the indicator data within the range established. |
|
| c. The nominal rotational speed of the concentrator in each 3-hour block period must not fall below the speed established according to § 63.3546(f) or § 63.3556(f). | i. Collecting the rotational speed according to § 63.3547(f) or § 63.3557(f); ii. Reducing the speed data to 3-hour block averages; and iii. Maintaining the 3-hour block average speed at or above the rotational speed limit. |
|
| d. Develop and implement an inspection and maintenance plan according to § 63.3546(f)(3) or § 63.3556(f)(3). | Maintaining an up-to-date inspection plan, and records of annual adsorbent activity checks. The results shall be compared to historical results and/or results for new adsorbents. If a problem is discovered during the annual inspection required by § 63.3546(f)(3) or § 63.3556(f)(3), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. | |
| 7. Emission capture system that is a PTE according to § 63.3544(a) or § 63.3554(a) | a. The direction of the air flow at all times must be into the enclosure; and either | i. Collecting the direction of air of air flow, and either the facial velocity of air through all natural draft openings or the pressure drop across the enclosure; and ii. Reducing the data collected each successive 15-minute period to 3-hour block averages according to § 63.3547(a)(1) and (2) or § 63.3557(a)(1) and (2), as applicable; and iii. Maintaining the 3-hour block average facial velocity of air flow through all natural draft openings or the pressure drop at or above the facial velocity limit or pressure drop limit, and maintaining the direction of air flow into the enclosure at all times. |
| b. The average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minute; or | See items 7.a.i and ii of this table. | |
| c. The pressure drop across the enclosure must be at least 0.007 inch H2 0, as established in Method 204 of appendix M to 40 CFR part 51. | See items 7.a.i and ii of this table. | |
| 8. Emission capture system that is not a PTE according to § 63.3544(a) | a. The average gas volumetric flow rate at a location upstream of the control device, or duct static pressure at a location upstream (i.e., vacuum side) of the primary fan in each duct of each capture device or upstream of the fan that is common to multiple capture devices in each 3-hour period must not fall below the average volumetric flow rate or above the duct static pressure limit established for that capture device in accordance with § 63.3546 or § 63.3556, as applicable. | i. Measuring the gas volumetric flow at a location upstream of the control device, or duct static pressure at a location upstream (i.e., vacuum side) of the primary fan in each duct of each capture device upstream or upstream of the fan that is common to multiple capture devices; and ii. Reducing the data collected each successive 15-minute period to 3-hour block averages according to § 63.3547(a)(1) and (2) or § 63.3557(a)(1) and (2), as applicable; and iii. Maintaining the 3-hour block average gas volumetric flow rate at a location upstream of the control device, or duct static pressure at a location upstream (i.e., vacuum side) of the primary fan in each duct of each capture device or upstream of the fan that is common to multiple capture devices at or above the average gas volumetric flow rate or below the duct static pressure limit established in accordance with the performance test described in § 63.3546(g). |
[68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006]
You must comply with the applicable General Provisions requirements according to the following table:
| Citation | Subject | Applicable to subpart KKKK | Explanation |
|---|---|---|---|
| § 63.1(a)(1)-(4) | General Applicability | Yes | |
| § 63.1(a)(6) | Source Category Listing | Yes | |
| § 63.1(a)(10)-(12) | Timing and Overlap Clarifications | Yes | |
| § 63.1(b)(1) | Initial Applicability Determination | Yes | Applicability to subpart KKKK is also specified in § 63.3481. |
| § 63.1(b)(3) | Applicability Determination Recordkeeping | Yes | |
| § 63.1(c)(1) | Applicability after Standard Established | Yes | |
| § 63.1(c)(2) | Applicability of Permit Program for Area Sources | No | Area sources are not subject to subpart KKKK. |
| § 63.1(c)(5) | Extensions and Notifications | Yes | |
| § 63.1(c)(6) | Reclassification | Yes | |
| § 63.1(e) | Applicability of Permit Program before Relevant Standard is Set | Yes | |
| § 63.2 | Definitions | Yes | Additional definitions are specified in § 63.3561. |
| § 63.3 | Units and Abbreviations | Yes | |
| § 63.4(a)(1)-(2) | Prohibited Activities | Yes | |
| § 63.4(b)-(c) | Circumvention/Fragmentation | Yes | |
| § 63.5(a) | Construction/Reconstruction | Yes | |
| § 63.5(b)(1), (3), (4), (6) | Requirements for Existing, Newly Constructed, and Reconstructed Sources | Yes | |
| § 63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4) | Application for Approval of Construction/Reconstruction | Yes | |
| § 63.5(e) | Approval of Construction/Reconstruction | Yes | |
| § 63.5(f) | Approval of Construction/Reconstruction Based on Prior State Review | Yes | |
| § 63.6(a) | Compliance with Standards and Maintenance Requirements—Applicability | Yes | |
| § 63.6(b)(1)-(5), (b)(7) | Compliance Dates for New and Reconstructed Sources | Yes | Section 63.3483 specifies the compliance dates. |
| § 63.6(c)(1), (2), (5) | Compliance Dates for Existing Sources | Yes | Section 63.3483 specifies the compliance dates. |
| § 63.6(e)(1)(i)-(ii) | Operation and Maintenance | Yes before August 24, 2020, No on and after August 24, 2020 | See § 63.3500(b) for general duty requirement. |
| § 63.6(e)(1)(iii) | Operation and Maintenance | Yes | |
| § 63.6(e)(3)(i), (e)(3)(iii)-(ix) | SSMP | Yes before August 24, 2020, No on and after August 24, 2020 | |
| § 63.6(f)(1) | Compliance Except during Startup, Shutdown, and Malfunction | Yes before August 24, 2020, No on and after August 24, 2020 | |
| § 63.6(f)(2)-(3) | Methods for Determining Compliance | Yes | |
| § 63.6(g) | Use of an Alternative Standard | Yes | |
| § 63.6(h) | Compliance with Opacity/Visible Emission Standards | No | Subpart KKKK does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). |
| § 63.6(i)(1)-(14) | Extension of Compliance | Yes | |
| § 63.6(i)(16) | Compliance Extensions and Administrator's Authority | Yes | |
| § 63.6(j) | Presidential Compliance Exemption | Yes | |
| § 63.7(a)(1) | Performance Test Requirements—Applicability | Yes | Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.3543, 63.3544, 63.3545, 63.3554, and 63.3555. |
| § 63.7(a)(2) except (a)(2)(i)-(viii) | Performance Test Requirements—Dates | Yes | Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Sections 63.3540 and 63.3550 specify the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). |
| § 63.7(a)(3) | Performance Tests Required by the Administrator | Yes | |
| § 63.7(b)-(d) | Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test | Yes | Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. |
| § 63.7(e)(1) | Conduct of Performance Tests | Yes before August 24, 2020, No on and after August 24, 2020 | See §§ 63.3543 and 63.3553. |
| § 63.7(e)(2)-(4) | Conduct of Performance Tests | Yes | |
| § 63.7(f) | Performance Test Requirements—Use of Alternative Test Method | Yes | Applies to all test methods except those used to determine capture system efficiency. |
| § 63.7(g)-(h) | Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test | Yes | Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. |
| § 63.8(a)(1)-(2) | Monitoring Requirements—Applicability | Yes | Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in §§ 63.3547 and 63.3557. |
| § 63.8(a)(4) | Additional Monitoring Requirements | No | Subpart KKKK does not have monitoring requirements for flares. |
| § 63.8(b) | Conduct of Monitoring | Yes | |
| § 63.8(c)(1) | Continuous Monitoring System (CMS) Operation and Maintenance | Yes before August 24, 2020, No on and after August 24, 2020 | Sections 63.3547 and 63.3557 specify the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. |
| § 63.8(c)(2)-(3) | CMS Operation and Maintenance | Yes | Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in §§ 63.3547 and 63.3557. |
| § 63.8(c)(4) | CMS | No | Sections 63.3547 and 63.3557 specify the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. |
| § 63.8(c)(5) | COMS | No | Subpart KKKK does not have opacity or visible emission standards. |
| § 63.8(c)(6) | CMS Requirements | No | Sections 63.3547 and 63.3557 specify the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. |
| § 63.8(c)(7) | CMS Out-of-Control Periods | Yes | |
| § 63.8(c)(8) | CMS Out-of-Control Periods Reporting | No | Section 63.3511 requires reporting of CMS out of control periods. |
| § 63.8(d)-(e) | Quality Control Program and CMS Performance Evaluation | No | |
| § 63.8(f)(1)-(5) | Use of an Alternative Monitoring Method | Yes | |
| § 63.8(f)(6) | Alternative to Relative Accuracy Test | No | Section 63.8(f)(6) provisions are not applicable because subpart KKKK does not require CEMS. |
| § 63.8(g) | Data Reduction | No | Sections 63.3542, 63.3547, 63.3552 and 63.3557 specify monitoring data reduction. |
| § 63.9(a) | Notification Applicability | Yes | |
| § 63.9(b)(1)-(2) | Initial Notifications | Yes | |
| § 63.9(b)(4)(i), (b)(4)(v), (b)(5) | Application for Approval of Construction or Reconstruction | Yes | |
| § 63.9(c) | Request for Extension of Compliance | Yes | |
| § 63.9(d) | Special Compliance Requirement Notification | Yes | |
| § 63.9(e) | Notification of Performance Test | Yes | Applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. |
| § 63.9(f) | Notification of Visible Emissions/Opacity Test | No | Subpart KKKK does not have opacity or visible emission standards. |
| § 63.9(g) | Additional Notifications When Using CMS | No | |
| § 63.9(h)(1)-(3) | Notification of Compliance Status | Yes | Section 63.3510 specifies the dates for submitting the notification of compliance status. |
| § 63.9(h)(5)-(6) | Clarifications | Yes | |
| § 63.9(i) | Adjustment of Submittal Deadlines | Yes | |
| § 63.9(j) | Change in Previous Information | Yes | |
| § 63.9(k) | Electronic reporting procedures | Yes | Only as specified in § 63.9(j). |
| § 63.10(a) | Recordkeeping/Reporting—Applicability and General Information | Yes | |
| § 63.10(b)(1) | General Recordkeeping Requirements | Yes | Additional requirements are specified in §§ 63.3512 and 63.3513. |
| § 63.10(b)(2)(i)-(ii) | Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards | Yes before August 24, 2020, No on and after August 24, 2020 | See § 63.3512(i). |
| § 63.10(b)(2)(iii) | Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment | Yes | |
| § 63.10(b)(2)(iv)-(v) | Actions Taken to Minimize Emissions During Startup, Shutdown, and Malfunction | Yes before August 24, 2020, No on and after August 24, 2020 | See § 63.3512(i)(4) for a record of actions taken to minimize emissions duration a deviation from the standard. |
| § 63.10(b)(2)(vi) | Recordkeeping for CMS Malfunctions | Yes before August 24, 2020, No on and after August 24, 2020 | See § 63.3512(i) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. |
| § 63.10(b)(2) (vii)-(xii) | Records | Yes | |
| § 63.10(b)(2) (xiii) | No | ||
| § 63.10(b)(2) (xiv) | Yes | ||
| § 63.10(b)(3) | Recordkeeping Requirements for Applicability Determinations | Yes | |
| § 63.10(c)(1) | Additional Recordkeeping Requirements for Sources with CMS | Yes | |
| § 63.10(c)(5)-(6) | Yes | ||
| § 63.10(c)(7)-(8) | Additional Recordkeeping Requirements for Sources with CMS | No | See § 63.3512(i) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. |
| § 63.10(c)(10)-(14) | Additional Recordkeeping Requirements for Sources with CMS | Yes | |
| § 63.10(c)(15) | Records Regarding the Startup, Shutdown, and Malfunction Plan | Yes before August 24, 2020, No on and after August 24, 2020 | |
| § 63.10(d)(1) | General Reporting Requirements | Yes | Additional requirements are specified in § 63.3511. |
| § 63.10(d)(2) | Report of Performance Test Results | Yes | Additional requirements are specified in § 63.3511(b). |
| § 63.10(d)(3) | Reporting Opacity or Visible Emissions Observations | No | Subpart KKKK does not require opacity or visible emissions observations. |
| § 63.10(d)(4) | Progress Reports for Sources with Compliance Extensions | Yes | |
| § 63.10(d)(5) | Startup, Shutdown, Malfunction Reports | Yes before August 24, 2020, No on and after August 24, 2020 | See § 63.3511(a)(7) and (8). |
| § 63.10(e)(1)-(2) | Additional CMS Reports | No | |
| § 63.10(e)(3) | Excess Emissions/CMS Performance Reports | No | Section 63.3511(b) specifies the contents of periodic compliance reports. |
| § 63.10(e)(4) | COMS Data Reports | No | Subpart KKKK does not specify requirements for opacity or COMS. |
| § 63.10(f) | Recordkeeping/Reporting Waiver | Yes | |
| § 63.11 | Control Device Requirements/Flares | No | Subpart KKKK does not specify use of flares for compliance. |
| § 63.12 | State Authority and Delegations | Yes | |
| § 63.13(a) | Addresses | Yes before August 24, 2020, No on and after August 24, 2020 | |
| § 63.13(b) | Submittal to State Agencies | Yes | |
| § 63.13(c) | Submittal to State Agencies | Yes before August 24, 2020, No unless the state requires the submittal via CEDRI, on and after August 24, 2020 | |
| § 63.14 | Incorporation by Reference | Yes | |
| § 63.15 | Availability of Information/Confidentiality | Yes |
[85 FR 10856, Feb. 25, 2020, as amended at 85 FR 73905, Nov. 19, 2020]
You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data.
| Solvent/solvent blend | CAS. No. | Average organic HAP mass fraction |
Typical organic HAP, percent by mass |
|---|---|---|---|
| 1. Toluene | 108-88-3 | 1.0 | Toluene. |
| 2. Xylene(s) | 1330-20-7 | 1.0 | Xylenes, ethylbenzene. |
| 3. Hexane | 110-54-3 | 0.5 | n-hexane. |
| 4. n-Hexane | 110-54-3 | 1.0 | n-hexane. |
| 5. Ethylbenzene | 100-41-4 | 1.0 | Ethylbenzene. |
| 6. Aliphatic 140 | 0 | None. | |
| 7. Aromatic 100 | 0.02 | 1% Xylene, 1% cumene. | |
| 8. Aromatic 150 | 0.09 | Naphthalene. | |
| 9. Aromatic naphtha | 64742-95-6 | 0.02 | 1% Xylene, 1% cumene. |
| 10. Aromatic solvent | 64742-94-5 | 0.1 | Naphthalene. |
| 11. Exempt mineral spirits | 8032-32-4 | 0 | None. |
| 12. Ligroines (VM & P) | 8032-32-4 | 0 | None. |
| 13. Lactol spirits | 64742-89-6 | 0.15 | Toluene. |
| 14. Low aromatic white spirit | 64742-82-1 | 0 | None. |
| 15. Mineral spirits | 64742-88-7 | 0.01 | Xylenes. |
| 16. Hydrotreated naphtha | 64742-48-9 | 0 | None. |
| 17. Hydrotreated light distillate | 64742-47-8 | 0.001 | Toluene. |
| 18. Stoddard solvent | 8052-41-3 | 0.01 | Xylenes. |
| 19. Super high-flash naphtha | 64742-95-6 | 0.05 | Xylenes. |
| 20. Varsol ® solvent | 8052-49-3 | 0.01 | 0.5% Xylenes, 0.5% ethylbenzene. |
| 21. VM & P naphtha | 64742-89-8 | 0.06 | 3% Toluene, 3% xylene. |
| 22. Petroleum distillate mixture | 68477-31-6 | 0.08 | 4% Naphthalene, 4% biphenyl. |
You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data.
| Solvent type | Average organic HAP mass fraction |
Typical organic HAP, percent by mass |
|---|---|---|
| Aliphatic b | 0.03 | 1% Xylene, 1% toluene, and 1% ehylbenzene. |
| Aromatic c | 0.06 | 4% Xylene, 1% toluene, and 1% ethylbenzene. |
| a Use this table only if the solvent blend does not match any of the solvent blends in Table 6 to this subpart and you only know whether the blend is aliphatic or aromatic. | ||
| b E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent Blend. | ||
| c E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent. | ||
| Chemical name | CAS No. |
|---|---|
| 1,1,2,2-Tetrachloroethane | 79-34-5 |
| 1,1,2-Trichloroethane | 79-00-5 |
| 1,1-Dimethylhydrazine | 57-14-7 |
| 1,2-Dibromo-3-chloropropane | 96-12-8 |
| 1,2-Diphenylhydrazine | 122-66-7 |
| 1,3-Butadiene | 106-99-0 |
| 1,3-Dichloropropene | 542-75-6 |
| 1,4-Dioxane | 123-91-1 |
| 2,4,6-Trichlorophenol | 88-06-2 |
| 2,4/2,6-Dinitrotoluene (mixture) | 25321-14-6 |
| 2,4-Dinitrotoluene | 121-14-2 |
| 2,4-Toluene diamine | 95-80-7 |
| 2-Nitropropane | 79-46-9 |
| 3,3′-Dichlorobenzidine | 91-94-1 |
| 3,3′-Dimethoxybenzidine | 119-90-4 |
| 3,3′-Dimethylbenzidine | 119-93-7 |
| 4,4′-Methylene bis(2-chloroaniline) | 101-14-4 |
| Acetaldehyde | 75-07-0 |
| Acrylamide | 79-06-1 |
| Acrylonitrile | 107-13-1 |
| Allyl chloride | 107-05-1 |
| alpha-Hexachlorocyclohexane (a-HCH) | 319-84-6 |
| Aniline | 62-53-3 |
| Benzene | 71-43-2 |
| Benzidine | 92-87-5 |
| Benzotrichloride | 98-07-7 |
| Benzyl chloride | 100-44-7 |
| beta-Hexachlorocyclohexane (b-HCH) | 319-85-7 |
| Bis(2-ethylhexyl)phthalate | 117-81-7 |
| Bis(chloromethyl)ether | 542-88-1 |
| Bromoform | 75-25-2 |
| Captan | 133-06-2 |
| Carbon tetrachloride | 56-23-5 |
| Chlordane | 57-74-9 |
| Chlorobenzilate | 510-15-6 |
| Chloroform | 67-66-3 |
| Chloroprene | 126-99-8 |
| Cresols (mixed) | 1319-77-3 |
| DDE | 3547-04-4 |
| Dichloroethyl ether | 111-44-4 |
| Dichlorvos | 62-73-7 |
| Epichlorohydrin | 106-89-8 |
| Ethyl acrylate | 140-88-5 |
| Ethylene dibromide | 106-93-4 |
| Ethylene dichloride | 107-06-2 |
| Ethylene oxide | 75-21-8 |
| Ethylene thiourea | 96-45-7 |
| Ethylidene dichloride (1,1-Dichloroethane) | 75-34-3 |
| Formaldehyde | 50-00-0 |
| Heptachlor | 76-44-8 |
| Hexachlorobenzene | 118-74-1 |
| Hexachlorobutadiene | 87-68-3 |
| Hexachloroethane | 67-72-1 |
| Hydrazine | 302-01-2 |
| Isophorone | 78-59-1 |
| Lindane (hexachlorocyclohexane, all isomers) | 58-89-9 |
| m-Cresol | 108-39-4 |
| Methylene chloride | 75-09-2 |
| Naphthalene | 91-20-3 |
| Nitrobenzene | 98-95-3 |
| Nitrosodimethylamine | 62-75-9 |
| o-Cresol | 95-48-7 |
| o-Toluidine | 95-53-4 |
| Parathion | 56-38-2 |
| p-Cresol | 106-44-5 |
| p-Dichlorobenzene | 106-46-7 |
| Pentachloronitrobenzene | 82-68-8 |
| Pentachlorophenol | 87-86-5 |
| Propoxur | 114-26-1 |
| Propylene dichloride | 78-87-5 |
| Propylene oxide | 75-56-9 |
| Quinoline | 91-22-5 |
| Tetrachloroethene | 127-18-4 |
| Toxaphene | 8001-35-2 |
| Trichloroethylene | 79-01-6 |
| Trifluralin | 1582-09-8 |
| Vinyl bromide | 593-60-2 |
| Vinyl chloride | 75-01-4 |
| Vinylidene chloride | 75-35-4 |
[85 FR 10860, Feb. 25, 2020]