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Displaying title 40, up to date as of 8/11/2026. Title 40 was last amended 8/07/2026.
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Other Requirements and Information

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

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

§ 63.8828 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S. Environmental Protection Agency (U.S. EPA), or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency.

(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and are not transferred to the State, local, or tribal agency.

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

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

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

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

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

§ 63.8830 What definitions apply to this subpart?

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

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

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

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

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

(3) Fails to meet any emission limitation (including any operating limit) in this subpart, regardless of whether such failure is permitted by this subpart.

Emission limitation means any emission limit or operating limit.

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

Flame lamination line means the flame laminator and associated rollers.

HAP-based adhesive means an adhesive containing 1.0 percent by weight or more of any individual or combination HAP listed in Table 8 to this subpart or 1.0 percent by weight or more of any other individual HAP, according to information from the supplier or manufacturer of the material, EPA Method 311 (appendix A to 40 CFR part 63) or another approved alternative.

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

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

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

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64401, Nov. 18, 2021]

Table 1 to Subpart MMMMM of Part 63—Emission Limits

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

For . . . You must . . .
1. Each existing, new, or reconstructed loop slitter adhesive use affected source Not use any HAP-based adhesives.
2. Each new or reconstructed flame lamination affected source Reduce HAP emissions by 90 percent.
3. Each existing flame lamination affected source Emit no more than 1.45 pounds per hour of HCl per flame lamination line.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64402, Nov. 18, 2021]

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

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

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

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64402, Nov. 18, 2021]

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

As stated in § 63.8800, you must comply with the requirements for performance tests for flame lamination affected sources in the following table using the requirements in rows 1 through 5 of the table if you are measuring HCl and using a scrubber, row 6 for new or reconstructed sources measuring HCN and using a scrubber, and row 7 if you are using any other control device. For existing sources not using a control device, you must comply with row 8 and rows 1 through 4 of the table.

For each new or reconstructed flame lamination affected source, you must . . . Using . . . According to the following requirements . . .
1. Select sampling port's location and the number of traverse ports Method 1 or 1A in appendix A to part 60 of this chapter Sampling sites must be located at the inlet and outlet of the scrubber and prior to any releases to the atmosphere.
2. Determine velocity Method 2, 2A, 2C, 2D, 2F, or 2G in appendix A to part 60 of this chapter.
3. Determine gas molecular weight Not applicable Assume a molecular weight of 29 (after moisture correction) for calculation purposes.
4. Measure moisture content of the stack gas Method 4 in appendix A to part 60 of this chapter.
5. Measure HCl concentration Method 26A in appendix A to part 60 of this chapter i. For new or reconstructed sources, determine the HCl reduction efficiency of the control device using Method 26A and the procedures specified in § 63.8800(e).
ii. For existing sources, determine the HCl emission rate using Method 26A and the procedures specified in § 63.8800(f).
iii. Collect scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for venturi scrubbers) every 15 minutes during the entire duration of each 1-hour test run, and determine the average scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for venturi scrubbers) over the period of the performance test by computing the average of all 15-minute readings.
6. Measure HCN concentration A method approved by the Administrator i. Conduct the performance test according to the site-specific test plan submitted according to § 63.7(c)(2)(i). Measure total HCN emissions and determine the reduction efficiency of the control device. Any performance test which measures HCN concentrations must be submitted for the administrator's approval prior to testing. You must use EPA Method 301 (40 CFR part 63, Appendix A) to validate your method.
ii. Collect scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for venturi scrubbers) every 15 minutes during the entire duration of each 1-hour test run, and determine the average scrubber liquid flow rate, scrubber effluent pH, and pressure drop (pressure drop data only required for venturi scrubbers) over the period of the performance test by computing the average of all 15-minute readings.
7. If you use any control device other than a scrubber, establish operating parameter limits with which you will demonstrate continuous compliance with the emission limit that applies to the source EPA-approved methods and data from the continuous parameter monitoring system i. Conduct the performance test according to the site-specific test plan submitted according to § 63.7(c)(2)(i).
ii. For new or reconstructed sources, determine the HCl or HCN reduction efficiency of the control device using the EPA-approved method and the procedures specified in § 63.8800(e).
iii. For existing sources, determine the HCl emission rate using the EPA-approved method and the procedures specified in § 63.8800(f).
iv. Collect operating parameter data as specified in the site-specific test plan.
8. Measure HCl concentration Method 26A in appendix A to part 60 of this chapter Determine the HCl emission rate using the appropriate test methods and the procedures specified in § 63.8800(f).

[86 FR 64402, Nov. 18, 2021]

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

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

For . . . For the following emission limit . . . You have demonstrated initial compliance if . . .
1. Each new, reconstructed, or existing loop slitter adhesive use affected source Eliminate use of HAP-based adhesives You do not use HAP-based adhesives.
2. Each new or reconstructed flame lamination affected source using a scrubber Reduce HAP emissions by 90 percent The average HAP emissions, measured over the period of the performance test(s), are reduced by 90 percent.
3. Each new or reconstructed flame lamination affected source using any other control device emissions by Reduce HAP emissions by 90 percent The average HAP emissions, measured over the period of the performance test(s), are reduced by 90 percent.
4. Each existing flame lamination affected source Emit no more than 1.45 pounds per hour of HCl per flame lamination line The average HCl emissions, measured over the period of the performance test(s) do not exceed 1.45 pounds per hour per flame lamination line.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64403, Nov. 18, 2021]

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

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

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

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64403, Nov. 18, 2021]

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

You must submit a compliance report that includes the information in § 63.8818(e) through (g) as well as the information in the following table, as applicable. Rows 1 and 3 of the following table apply to loop slitter affected sources. Rows 1 through 4 apply to flame lamination affected sources.

If . . . Then you must submit a report or statement that . . .
1. There are no deviations from any emission limitations that apply to you There were no deviations from the emission limitations during the reporting period.
2. There were no periods during which the operating parameter monitoring systems were out-of-control in accordance with the monitoring plan There were no periods during which the CPMS were out-of-control during the reporting period.
3. There was a deviation from any emission limitation during the reporting period Contains the information in § 63.8818(e)(5).
4. There were periods during which the operating parameter monitoring systems were out-of-control in information in accordance with the monitoring plan Contains the information in § 63.8818(f)(2).

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64403, Nov. 18, 2021]

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

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

Citation Requirement Applies to subpart MMMMM Explanation
§ 63.1 Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications Yes
§ 63.2 Definitions Yes Additional definitions are found in § 63.8830.
§ 63.3 Units and abbreviations Yes
§ 63.4 Prohibited activities; compliance date; circumvention, severability Yes
§ 63.5 Construction/reconstruction applicability; applications; approvals Yes
§ 63.6(a) Compliance with standards and maintenance requirements-applicability Yes
§ 63.6(b)(1)-(4) Compliance dates for new or reconstructed sources Yes § 63.8786 specifies compliance dates.
§ 63.6(b)(5) Notification if commenced construction or reconstruction after proposal Yes
§ 63.6(b)(6) [Reserved] Yes
§ 63.6(b)(7) Compliance dates for new or reconstructed area sources that become major Yes § 63.8786 specifies compliance dates.
§ 63.6(c)(1)-(2) Compliance dates for existing sources Yes § 63.8786 specifies compliance dates.
§ 63.6(c)(3)-(4) [Reserved] Yes
§ 63.6(c)(5) Compliance dates for existing area sources that become major Yes § 63.8786 specifies compliance dates.
§ 63.6(d) [Reserved] Yes
§ 63.6(e)(1)(i) General duty to minimize emissions No § 63.8794(c) specifies general duty requirements.
§ 63.6(e)(1)(ii) Requirement to correct malfunctions as soon as possible No
§ 63.6(e)(1)(iii) Enforceability of requirements independent of other regulations Yes
§ 63.6(e)(2) [Reserved] Yes
§ 63.6(e)(3) SSM plans No
§ 63.6(f)(1) Compliance except during SSM No
§ 63.6(f)(2)-(3) Methods for determining compliance Yes
§ 63.6(g) Use of an alternative nonopacity emission standard Yes
§ 63.6(h) Compliance with opacity/visible emission standards No Subpart MMMMM does not specify opacity or visible emission standards.
§ 63.6(i) Extension of compliance with emission standards Yes
§ 63.6(j) Presidential compliance exemption Yes
§ 63.7(a)(1)-(2) Performance test dates Yes Except for loop slitter affected sources as specified in § 63.8798(a).
§ 63.7(a)(3) Administrator's section 114 authority to require a performance test Yes
§ 63.7(b) Notification of performance test and rescheduling Yes
§ 63.7(c) Quality assurance program and site-specific test plans Yes
§ 63.7(d) Performance testing facilities Yes
§ 63.7(e)(1) Conditions for conducting performance tests No Requirements for performance test conditions are found in § 63.8800(b) and (c).
§ 63.7(e)(2)-(3) Performance test data reduction and number of test runs Yes
§ 63.7(f) Use of an alternative test method Yes
§ 63.7(g) Performance test data analysis, recordkeeping, and reporting Yes
§ 63.7(h) Waiver of performance tests Yes
§ 63.8(a)(1)-(2) Applicability of monitoring requirements Yes Unless otherwise specified, all of § 63.8 applies only to new or reconstructed flame lamination sources. Additional monitoring requirements for these sources are found in §§ 63.8794(f) and (g) and 63.8804.
§ 63.8(a)(3) [Reserved] Yes
§ 63.8(a)(4) Monitoring with flares No Subpart MMMMM does not refer directly or indirectly to § 63.11.
§ 63.8(b) Conduct of monitoring and procedures when there are multiple effluents and multiple monitoring systems Yes
§ 63.8(c)(1)-(3) Continuous monitoring system (CMS) operation and maintenance No CMS requirements are found in § 63.8794(f) and (g).
§ 63.8(c)(4) Continuous monitoring system requirements during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts Yes Applies as modified by § 63.8794(g).
§ 63.8(c)(5) Continuous opacity monitoring system (COMS) minimum procedures No Subpart MMMMM does not have opacity or visible emission standards.
§ 63.8(c)(6) Zero and high-level calibration checks Yes Applies as modified by § 63.8794(f).
§ 63.8(c)(7)-(8) Out-of-control periods, including reporting Yes
§ 63.8(d)-(e) Quality control program and CMS performance evaluation No CMS requirements are found in § 63.8794(f) and (g).
§ 63.8(f)(1)-(5) Use of an alternative monitoring method Yes
§ 63.8(f)(6) Alternative to relative accuracy test No Only applies to sources that use continuous emissions monitoring systems (CEMS).
§ 63.8(g) Data reduction Yes Applies as modified by § 63.8794(g).
§ 63.9(a) Notification requirements—applicability Yes
§ 63.9(b) Initial notifications Yes Except § 63.8816(c) requires new or reconstructed affected sources to submit the application for construction or reconstruction required by § 63.9(b)(1)(iii) in lieu of the initial notification.
§ 63.9(c) Request for compliance extension Yes
§ 63.9(d) Notification that a new source is subject to special compliance requirements Yes
§ 63.9(e) Notification of performance test Yes
§ 63.9(f) Notification of visible emissions/opacity test No Subpart MMMMM does not have opacity or visible emission standards.
§ 63.9(g)(1) Additional CMS notifications—date of CMS performance evaluation Yes
§ 63.9(g)(2) Use of COMS data No Subpart MMMMM does not require the use of COMS.
§ 63.9(g)(3) Alternative to relative accuracy testing No Applies only to sources with CEMS.
§ 63.9(h) Notification of compliance status 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 Yes
§ 63.10(b)(1) General recordkeeping requirements Yes §§ 63.8820 and 63.8822 specify additional recordkeeping requirements.
§ 63.10(b)(2)(i) and (ii) Records related to SSM periods and CMS No See § 63.8820 for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§ 63.10(b)(2)(iii) Records of maintenance on air pollution control equipment. Yes
§ 63.10(b)(2)(iv) and (v) Records related to SSM No
§ 63.10(b)(2)(vi)-(xi) Records of CMS and other compliance records Yes
§ 63.10(b)(2)(xii) Records when under waiver Yes
§ 63.10(b)(2)(xiii) Records when using alternative to relative accuracy test No Applies only to sources with CEMS.
§ 63.10(b)(2)(xiv) All documentation supporting initial notification and notification of compliance status Yes
§ 63.10(b)(3) Recordkeeping requirements for applicability determinations Yes
§ 63.10(c) Additional recordkeeping requirements for sources with CMS Yes Applies as modified by § 63.8794(g).
§ 63.10(d)(1) General reporting requirements Yes § 63.8818 specifies additional reporting requirements.
§ 63.10(d)(2) Performance test results Yes
§ 63.10(d)(3) Opacity or visible emissions observations No Subpart MMMMM does not specify opacity or visible emission standards.
§ 63.10(d)(4) Progress reports for sources with compliance extensions Yes
§ 63.10(d)(5) SSM reports No
§ 63.10(e)(1) Additional CMS reports—general Yes Applies as modified by § 63.8794(g).
§ 63.10(e)(2)(i) Results of CMS performance evaluations Yes Applies as modified by § 63.8794(g).
§ 63.10(e)(2) Results of continuous opacity monitoring systems performance evaluations No Subpart MMMMM does require the use of COMS.
§ 63.10(e)(3) Excess emissions/CMS performance reports Yes Only applies to new or reconstructed flame lamination affected sources.
§ 63.10(e)(4) Continuous opacity monitoring system data reports No Subpart MMMMM does not require the use of COMS.
§ 63.10(f) Recordkeeping/reporting waiver Yes
§ 63.11 Control device requirements—applicability No Facilities subject to subpart MMMMM do not use flares as control devices.
§ 63.12 State authority and delegations Yes § 63.8828 lists those sections of subparts MMMMM and A that are not delegated.
§ 63.13 Addresses Yes
§ 63.14 Incorporation by reference Yes Subpart MMMMM does not incorporate any material by reference.
§ 63.15 Availability of information/confidentiality. Yes

[86 FR 64404, Nov. 18, 2021]

Table 8 to Subpart MMMMM of Part 63—List of Hazardous Air Pollutants That Must Be Counted Toward Total HAP Content if Present at 0.1 Percent or More by Weight

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

[86 FR 64406, Nov. 18, 2021]