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| Other Requirements and Information | 63.5450 – 63.5460 | |||||||||||||||||||
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42 U.S.C. 7401 et seq.
57 FR 61992, Dec. 29, 1992, unless otherwise noted.
67 FR 9162, Feb. 27, 2002, unless otherwise noted.
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Table 2 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.
(a) This subpart can be administered 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 U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the primary authority to administer and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if the authority to implement and enforce 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 U.S. EPA 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:
(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 Clean Air Act, § 63.2, and in this section as follows:
Area source means any stationary source of hazardous air pollutants that is not a major source as defined in this part.
Compliance ratio means the ratio of the actual HAP loss from the previous 12 months to the allowable HAP loss from the previous 12 months. Equation 1 in § 63.5330 is used to calculate this value. If the value is less than or equal to 1.00, the source is in compliance. If the value is greater than 1.00, the source is deviating from compliance.
Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limits or work practice standards.
Drying means the process of removing all but equilibrium moisture from the leather. Drying methods currently in use include: toggling, hanging, pasting, and vacuum drying.
Finish add-on means the amount of solid material deposited on the leather substrate due to finishing operations. Typically, the solid deposition is a dye or other chemical used to enhance the color and performance of the leather. Finish add-on is quantified as mass per surface area of substrate, such as grams of finish add-on per square foot of leather substrate.
Hazardous air pollutants (HAP) means any substance or mixture of substances listed as a hazardous air pollutant under section 112(b) of the Clean Air Act.
Leather means the pelt or hide of an animal which has been transformed by a tanning process into a nonputrescible and useful material.
Leather finishing means a single process or group of processes used to adjust and improve the physical and aesthetic characteristics of the leather surface through the multistage application of a coating comprised of dyes, pigments, film-forming materials, and performance modifiers dissolved or suspended in liquid carriers.
Leather substrate means a nonputrescible leather surface intended for the application of finishing chemicals and materials. The leather substrate may be a continuous piece of material such as side leather or may be a combination of smaller leather pieces and leather fibers, which when joined together, form an integral composite leather material.
Leather tanning means the processes, commonly referred to as wet operations, used to purify and stabilize the collagen content of the hide. Wet operations are divided into three phases, the beamhouse (includes soaking and unhairing); the tanyard (includes bating, pickling, tanning, trimming/siding, and splitting); and the coloring department (includes retanning, coloring, and atliquoring operations).
Month means that all references to a month in this subpart refer to a calendar month.
Nonwater-resistant leather means nonupholstery leather that is not treated with any type of waterproof finish and, thus, cannot withstand 5,000 Maeser Flexes with a Maeser Flex Testing Machine or a method approved by the Administrator prior to initial water penetration. This leather is typically used for dress shoes, handbags, and garments.
Product process operation means any one of the four leather production classifications developed for ease of compliance with this subpart. The four leather product process operations are as follows: upholstery leather with greater than or equal to 4 grams finish add-on per square foot, upholstery leather with less than 4 grams finish add-on per square foot, water-resistant/specialty leather, and nonwater-resistant leather.
Specialty leather means a select grade of chrome tanned, bark retanned, or fat liquored leather that is retanned through the application of grease, waxes, and oil in quantities greater than 12 percent of the dry leather weight or high-quality dress or performance shoe leather that can withstand one or more of the following visual tests: moisture injection into the leather using vacuum mulling without signs of blistering, or prolonged ironing at 200 °F for smoothing out surface roughness without finish lift off. Specialty leather is also finished with higher solvent-based finishes that provide rich color, luster, or an oily/tacky feel. Specialty leather products are generally low volume, high-quality leather, such as specialty shoe leather and top grade football leathers.
Upholstery leather (greater than or equal to 4 grams finish add-on per square foot) means an upholstery leather with a final finish add-on to leather ratio of 4 or more grams of finish per square foot of leather. These types of finishes are used primarily for automobile seating covers. These finishes tend to be aqueous-based.
Upholstery leather (less than 4 grams finish add-on per square foot) means an upholstery leather with a final finish add-on to leather ratio of less than 4 grams of finish per square foot of leather. These types of finishes are typically used for furniture seating covers. The finishes tend to be solvent-based and leave a thinner, softer, and more natural leather texture.
Vacuum mulling means the injection of water into the leather substrate using a vacuum process to increase the moisture content of the leather.
Water-resistant leather means nonupholstery leather that has been treated with one or more waterproof finishes such that the leather can withstand 5,000 or more Maeser Flexes with a Maeser Flex Testing Machine or a method approved by the Administrator prior to initial water penetration. This leather is used for outerwear, boots and outdoor applications.
[67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005; 84 FR 3322, Feb. 12, 2019]
Month:____________ Year:____________
| Finish type | Finish usage (pounds) |
HAP Content (mass fraction) |
Date and time | Operator's name | Product process operation |
|---|---|---|---|---|---|
| Upholstery leather (≥4 grams) |
Upholstery leather (<4 grams) |
Water-resistant/ specialty leather |
Nonwater-resistant leather | |
|---|---|---|---|---|
| Number of Entries | ||||
| Total Finish Usage (pounds) | ||||
| Total HAP Usage (pounds) |
As required in §§ 63.5305 and 63.5340(b), you must meet the appropriate emission limits in the following table:
| Type of Leather Product Process Operation | HAP Emission Limit (pounds of HAP loss per 1,000 square feet of leather processed) | |
|---|---|---|
| Existing sources |
New sources |
|
| 1. Upholstery Leather (≥4 grams add-on/square feet) | 2.6 | 0.5 |
| 2. Upholstery Leather (<4 grams add-on/square feet) | 6.8 | 2.5 |
| 3. Water-resistant (≥5,000 Maeser Flexes)/Specialty Leather | 5.6 | 4.9 |
| 4. Nonwater-resistant Leather (<5,000 Maeser Flexes) | 3.7 | 2.1 |
As required in § 63.5450, you must meet the appropriate NESHAP General Provision requirements in the following table:
| General provisions citation | Subject of citation | Brief description of requirement | Applies to subpart |
Explanation |
|---|---|---|---|---|
| § 63.1 | Applicability | Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications | Yes | |
| § 63.2 | Definitions | Definitions for Part 63 standards | Yes | Except as specifically provided in this subpart. |
| § 63.3 | Units and abbreviations | Units and abbreviations for Part 63 standards | Yes | |
| § 63.4 | Prohibited activities and circumvention | Prohibited activities; compliance date; circumvention, severability | Yes | |
| § 63.5 | Construction/reconstruction | Applicability; applications; approvals | Yes | Except for paragraphs of § 63.5 as listed below. |
| § 63.5(c) | [Reserved] | |||
| § 63.5(d)(1)(ii)(H) | Application for approval | Type and quantity of HAP, operating parameters | No | All sources emit HAP. Subpart TTTT does not require control from specific emission points. |
| § 63.5(d)(1)(i) | [Reserved] | |||
| § 63.5(d)(1)(iii), (d)(2), (d)(3)(ii) | Application for approval | No | The requirements of the application for approval for new and reconstructed sources are described in § 63.5320(b). General provision requirements for identification of HAP emission points or estimates of actual emissions are not required. Descriptions of control and methods, and the estimated and actual control efficiency of such do not apply. Requirements for describing control equipment and the estimated and actual control efficiency of such equipment apply only to control equipment to which the subpart TTTT requirements for quantifying solvent destroyed by an add-on control device would be applicable. | |
| § 63.6 | Applicability of general provisions | Applicability of general provisions | Yes | Except for paragraphs of § 63.6 as listed below. |
| § 63.6(b)(1)-(3) | Compliance dates, new and reconstructed sources | No | Section § 63.5283 specifies the compliance dates for new and reconstructed sources. | |
| § 63.6(b)(6) | [Reserved] | |||
| § 63.6(c)(3)-(4) | [Reserved] | |||
| § 63.6(d) | [Reserved] | |||
| § 63.6(e)(1) | Operation and maintenance requirements | No | See § 63.5320(b) for general duty requirement. | |
| § 63.6(e)(2) | [Reserved] | |||
| § 63.6(e)(3) | Operation and maintenance requirements | Startup, shutdown, and malfunction plan requirements | No | Subpart TTTT does not have any startup, shutdown, and malfunction plan requirements. |
| § 63.6(f)-(g) | Compliance with nonopacity emission standards except during SSM | Comply with emission standards at all times except during SSM | No | Subpart TTTT does not have nonopacity requirements. |
| § 63.6(h) | Opacity/visible emission (VE) standards | No | Subpart TTTT has no opacity or visual emission standards. | |
| § 63.6(i) | Compliance extension | Procedures and criteria for responsible agency to grant compliance extension | Yes | |
| § 63.6(j) | Presidential compliance exemption | President may exempt source category from requirement to comply with subpart | Yes | |
| § 63.7 | Performance testing requirements | Schedule, conditions, notifications and procedures | Yes | Except for paragraphs of § 63.7 as listed below. Subpart TTTT requires performance testing only if the source applies additional control that destroys solvent. § 63.5311 requires sources to follow the performance testing guidelines of the General Provisions if a control is added. |
| § 63.7(a)(2) (i) and (iii) | Performance testing requirements | Applicability and performance dates | No | § 63.5310(a) of subpart TTTT specifies the requirements of performance testing dates for new and existing sources. |
| § 63.7(e)(1) | Conduct of performance tests | Defines representative conditions; provides an exemption from the standards for periods of startup, shutdown, and malfunction; requires that, upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests | No | See § 63.5380. |
| § 63.8 | Monitoring requirements | Applicability, conduct of monitoring, operation and maintenance, quality control, performance evaluations, use of alternative monitoring method, reduction of monitoring data | No | See § 63.5360(a)(2) for monitoring requirements. |
| § 63.9 | Notification requirements | Applicability and State delegation | Yes | Except for paragraphs of § 63.9 as listed below. |
| § 63.9(e) | Notification of performance test | Notify responsible agency 60 days ahead | Yes | Applies only if performance testing is performed. |
| § 63.9(f) | Notification of VE/opacity observations | Notify responsible agency 30 days ahead | No | Subpart TTTT has no opacity or visual emission standards. |
| § 63.9(g) | Additional notifications when using a continuous monitoring system (CMS) | Notification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracy | No | See § 63.5360(a)(2) for CMS requirements. |
| § 63.9(h) | Notification of compliance status | Contents | No | § 63.5320(d) specifies requirements for the notification of compliance status. |
| § 63.9(j) | Notification requirements | Change in previous information | Yes | |
| § 63.9(k) | Notification requirements | Electronic reporting procedures | Yes | Only as specified in § 63.9(j). |
| § 63.10 | Recordkeeping/reporting | Schedule for reporting, record storage | Yes | Except for paragraphs of § 63.10 as listed below. |
| § 63.10(b)(2) | Recordkeeping | CMS recordkeeping; CMS records of startup, shutdown, and malfunction events | No | See § 63.5360 for CMS recordkeeping requirements, except see § 63.5430(h) for CMS recordkeeping requirements if there is a deviation from the standard. |
| § 63.10(c) | Recordkeeping | Additional CMS recordkeeping | No | See § 63.5360(a)(2) for CMS recordkeeping requirements. |
| § 63.10(d)(2) | Reporting | Reporting performance test results | Yes | Applies only if performance testing is performed. |
| § 63.10(d)(3) | Reporting | Reporting opacity or VE observations | No | Subpart TTTT has no opacity or visible emission standards. |
| § 63.10(d)(4) | Reporting | Progress reports | Yes | Applies if a condition of compliance extension. |
| § 63.10(d)(5) | Reporting | Startup, shutdown, and malfunction reporting | No | See § 63.5420(b) for reporting requirements if there is a deviation from the standard. |
| § 63.10(e) | Reporting | Additional CMS reports | No | See § 63.5360(a)(2) for monitoring requirements. |
| § 63.11 | Control device requirements | Requirements for flares | Yes | Applies only if your source uses a flare to control solvent emissions. Subpart TTTT does not require flares. |
| § 63.12 | State authority and delegations | State authority to enforce standards | Yes | |
| § 63.13 | State/regional addresses | Addresses where reports, notifications, and requests are sent | Yes | |
| § 63.14 | Incorporation by reference | Test methods incorporated by reference | Yes | |
| § 63.15 | Availability of information and confidentiality | Public and confidential information | Yes |
[84 FR 3322, Feb. 12, 2019, as amended at 85 FR 73909, Nov. 19, 2020]