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Title 40

Displaying title 40, up to date as of 8/13/2026. Title 40 was last amended 8/13/2026.
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Other Requirements and Information

§ 63.9940 What parts of the General Provisions apply to me?

Table 4 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

§ 63.9941 Who implements and enforces this subpart?

(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 EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if 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 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 specified in paragraphs (c)(1) through (4) of this section.

(1) Approval of alternatives to the non-opacity emission limitations in § 63.9890 and work practice standards in § 63.9891 under § 63.6(g).

(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.

§ 63.9942 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:

Chlorine plant bypass scrubber means the wet scrubber that captures chlorine gas during a chlorine plant shut down or failure.

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 operating limits) or operation and maintenance requirement;

(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 in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.

Emission limitation means any emission limit, opacity limit, or operating limit.

Launder off-gas system means a system that collects chlorine and hydrochloric acid fumes from collection points within the melt/reactor system building. The system then removes particulate matter and hydrochloric acid from the collected gases prior to discharge to the atmosphere.

Magnesium chloride storage bins means vessels that store dried magnesium chloride powder produced from the spray drying operation.

Melt/reactor system means a system that melts and chlorinates dehydrated brine to produce high purity molten magnesium chloride feed for electrolysis.

Primary magnesium refining means the production of magnesium metal and magnesium metal alloys from natural sources of magnesium chloride such as sea water or water from the Great Salt Lake and magnesium bearing ores.

Responsible official means responsible official as defined in § 63.2.

Spray dryer means dryers that evaporate brine to form magnesium powder by contact with high temperature gases exhausted from gas turbines.

Wet scrubber means a device that contacts an exhaust gas with a liquid to remove particulate matter and acid gases from the exhaust. Examples are packed-bed wet scrubbers and venturi scrubbers.

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

Table 1 to Subpart TTTTT of Part 63—Emission Limits

As required in § 63.9890(a), you must comply with each applicable emission limit in the following table:

For . . . You must comply with each of the following . . .
1. Each spray dryer stack a. You must not cause to be discharged to the atmosphere any gases that contain particulate matter in excess of 100 lbs/hr; and
b. You must not cause to be discharged to the atmosphere any gases that contain hydrochloric acid in excess of 200 lbs/hr.
2. Each magnesium chloride storage bins scrubber stack a. You must not cause to be discharged to the atmosphere any gases that contain hydrochloric acid in excess of 47.5 lbs/hr and 0.35 gr/dscf; and
b. You must not cause to be discharged to the atmosphere any gases that contain PM10 in excess of 2.7 lbs/hr and 0.016 gr/dscf.
3. Each melt/reactor system stack a. You must not cause to be discharged to the atmosphere any gases that contain PM10 in excess of 13.1 lbs/hr; and
b. You must not cause to be discharged to the atmosphere any gases that contain hydrochloric acid in excess of 7.2 lbs/hr; and
c. You must not cause to be discharged to the atmosphere any gases that contain chlorine in excess of 100 lbs/hr; and
d. You must not cause to be discharged to the atmosphere any gases that contain 36 ng TEQ/dscm corrected to 7% oxygen.
4. Each launder off-gas system stack a. You must not cause to be discharged to the atmosphere any gases that contain particulate matter in excess of 37.5 lbs/hr; and
b. You must not cause to be discharged to the atmosphere any gases that contain hydrochloric acid in excess of 46.0 lbs/hr; and
c. You must not cause to be discharged to the atmosphere any gases that contain chlorine in excess of 26.0 lbs/hr.

Table 2 to Subpart TTTTT of Part 63—Toxic Equivalency Factors

Dioxin/furan congener Toxic equivalency factor
2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01
octachlorinated dibenzo-p-dioxin 0.0001
2,3,7,8-tetrachlorinated dibenzofuran 0.1
2,3,4,7,8-pentachlorinated dibenzofuran 0.5
1,2,3,7,8-pentachlorinated dibenzofuran 0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01
octachlorinated dibenzofuran 0.0001

Table 3 to Subpart TTTTT of Part 63—Initial Compliance With Emission Limits

As required in 63.9916, you must demonstrate initial compliance with the emission limits according to the following table:

For . . . You have demonstrated initial compliance if . . .
1. Each spray dryer stack a. The average mass flow of particulate matter from the control system applied to emissions from each spray dryer, measured according to the performance test procedures in § 63.9913(c), did not exceed 100 lbs/hr; and
b. The average mass flow of hydrochloric acid from the control system applied to emissions from each spray dryer, determined according to the performance test procedures in § 63.9914(c), did not exceed 200 lbs/hr.
2. Each magnesium chloride storage bin scrubber stack a. The average mass flow of hydrochloric acid from the control system applied to the magnesium chloride storage bins scrubber exhaust, measured according to the performance test procedure in § 63.9914, did not exceed 47.5 lbs/hr and 0.35 gr/dscf; and
b. The average mass flow of PM10 from the control system applied to the magnesium chloride storage bins scrubber exhaust, determined according to the performance test procedures in § 63.9913, did not exceed 2.7 lbs/hr and 0.016 gr/dscf.
3. Each melt/reactor system stack a. The average mass flow of PM10 from the control system applied to the melt/reactor system exhaust, measured according to the performance test procedures in § 63.9913, did not exceed 13.1 lbs/hr; and
b. The average mass flow of hydrochloric acid from the control system applied to the melt/reactor system exhaust, measured according to the performance test procedures in § 63.9914, did not exceed 7.2 lbs/hr; and
c. The average mass flow of chlorine from the control system applied to the melt/reactor system exhaust, measured according to the performance test procedures in § 63.9914, did not exceed 100 lbs/hr.
d. The average concentration of dioxins/furans from the control system applied to the melt/reactor system exhaust, measured according to the performance test procedures in § 63.9915, did not exceed 36 ng TEQ/dscm corrected to 7% oxygen.
4. Each launder off-gas system stack a. The average mass flow of particulate matter from the control system applied to the launder off-gas system collection system exhaust, measured according to the performance test procedures in § 63.9913, did not exceed 37.5 lbs/hr; and
b. The average mass flow of hydrochloric acid from the control system applied to the launder off-gas system collection system exhaust, measured according to the performance test procedures in § 63.9914, did not exceed 46.0 lbs/hr; and
c. The average mass flow of chlorine from the control system applied to the launder off-gas system collection system exhaust, measured according to the performance test procedures in § 63.9914, did not exceed 26.0 lbs/hr.

Table 4 to Subpart TTTTT of Part 63—Continuous Compliance With Emission Limits

As required in § 63.9923, you must demonstrate continuous compliance with the emission limits according to the following table:

For . . . You must demonstrate continuous compliance by . . .
1. Each spray dryer stack a. Maintaining emissions of PM10 at or below 100 lbs/hr; and
b. Maintaining emissions of hydrochloric acid at or below 200 lbs/hr; and
c. Conducting subsequent performance tests at least twice during each term of your title V operating permit (at mid-term and renewal).
2. Magnesium chloride storage bins scrubber stack a. Maintaining emissions of hydrochloric acid at or below 47.5 lbs/hr and 0.35 gr/dscf; and
b. Maintaining emissions of PM10 at or below 2.7 lbs/hr and 0.016 gr/dscf; and
c. Conducting subsequent performance tests at least twice during each term of your title V operating permit (at mid-term and renewal).
3. Each melt/reactor system stack a. Maintaining emissions of PM10 at or below 13.1 lbs/hr; and
b. Maintaining emissions of hydrochloric acid at or below 7.2 lbs/hr; and
c. Maintaining emissions of chlorine at or below 100 lbs/hr; and
d. Maintaining emissions of dioxins/furans at or below 36 ng TEQ/dscm corrected to 7% oxygen.
e. Conducting subsequent performance test at least twice during each term of your title V operating permit (at mid-term and renewal).
4. Each launder off-gas system stack a. Maintaining emissions of particulate matter at or below 37.5 lbs/hr; and
b. Maintaining emissions of hydrochloric acid at or below 46.0 lbs/hr; and
c. Maintaining emissions of chlorine at or below 26.0 lbs/hr; and
d. Conducting subsequent performance tests at least twice during each term of your title V operating permit (at mid-term and renewal).

Table 5 to Subpart TTTTT of Part 63—Applicability of General Provisions to Subpart TTTTT of Part 63

As required in § 63.9950, you must comply with the requirements of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in the following table:

Citation Subject Applies to Subpart
TTTTT
Explanation
63.1 Applicability Yes.
63.2 Definitions Yes.
63.3 Units and Abbreviations Yes.
63.4 Prohibited Activities Yes.
63.5 Construction and Reconstruction Yes.
63.6(a)-(g) Compliance with Standards and Maintenance Requirements Yes.
63.6(h) Determining Compliance with Opacity and Visible Emission Standards No.
63.6(i)-(j) Extension of Compliance and Presidential Compliance Exemption Yes.
63.7(a)(1)-(2) Applicability and Performance Test Dates No Subpart TTTTT specifies performance test applicability and dates.
63.7(a)(3), (b)-(h) Performance Testing Requirements Yes.
63.8 except for (a)(4),(c)(4), and (f)(6) Monitoring Requirements Yes.
63.8(a)(4) Additional Monitoring Requirements for Control Devices in § 63.11 No Subpart TTTTT does not require flares.
63.8(c)(4) Continuous Monitoring System Requirements No Subpart TTTTT specifies requirements for operation of CMS.
63.8(f)(6) Relative Accuracy Test Alternative (RATA) No Subpart TTTTT does not require continuous emission monitoring systems.
63.9 Notification Requirements Yes.
63.9(g)(5) Data Reduction No Subpart TTTTT specifies data reduction requirements.
63.10 except for (b)(2)(xiii) and (c)(7)-(8) Recordkeeping and Reporting Requirements Yes.
63.10(b)(2)(xiii) Continuous Monitoring System (CMS) Records for RATA Alternative No Subpart TTTTT does not require continuous emission monitoring systems.
63.10(c)(7)-(8) Records of Excess Emissions and Parameter Monitoring Accedences for CMS No Subpart TTTTT specifies recordkeeping requirements.
63.11 Control Device Requirements No Subpart TTTTT does not require flares.
63.12 State Authority and Delegations Yes.
63.13-63.15 Addresses, Incorporation by Reference, Availability of Information Yes.