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Subpart VVVVVV--National Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing Area Sources

Table of Contents

Applicability and Compliance Dates

§63.11494 What are the applicability requirements and compliance 

dates?

Standards and Compliance Requirements

§63.11495 What are the management practices and other 

requirements?

§63.11496 What are the standards and compliance requirements for 

process vents?

§63.11497 What are the standards and compliance requirements for 

storage tanks?

§63.11498 What are the standards and compliance requirements for 

wastewater systems?

§63.11499 What are the standards and compliance requirements for 

heat exchange systems?

§63.11500 What compliance options do I have if part of my plant 

is subject to both this subpart and another Federal standard?

§63.11501 What are the notification, recordkeeping, and 

reporting requirements, and how may I assert an affirmative 

defense for violation of emission standards during malfunction?

Other Requirements and Information

§63.11502 What definitions apply to this subpart?

§63.11503 Who implements and enforces this subpart?

Tables to Subpart VVVVVV of Part 63

Table 1 to Subpart VVVVVV of Part 63-Hazardous Air Pollutants 

Used to Determine Applicability of Chemical Manufacturing 

Operations

Table 2 to Subpart VVVVVV of Part 63-Emission Limits and 

Compliance Requirements for Batch Process Vents

Table 3 to Subpart VVVVVV of Part 63-Emission Limits and 

Compliance Requirements for Continuous Process Vents

Table 4 to Subpart VVVVVV of Part 63-Emission Limits and 

Compliance Requirements for Metal HAP Process Vents

Table 5 to Subpart VVVVVV of Part 63-Emission Limits and 
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Compliance Requirements for Storage Tanks

Table 6 to Subpart VVVVVV of Part 63-Emission Limits and 

Compliance Requirements for Wastewater Systems

Table 7 to subpart VVVVVV of Part 63-Partially Soluble HAP

Table 8 to Subpart VVVVVV of Part 63-Emission Limits and 

Compliance Requirements for Heat Exchange Systems

Table 9 to Subpart VVVVVV of Part 63-Applicability of General 

Provisions to Subpart VVVVVV

Applicability and Compliance Dates

§63.11494 What are the applicability requirements and compliance 

dates?

(a) Except as specified in paragraph (c) of this section, 

you are subject to this subpart if you own or operate a chemical 

manufacturing process unit (CMPU) that meets the conditions 

specified in paragraphs (a)(1) and (2through (3) of this 

section.

(1) The CMPU is located at an area source of uses as 

feedstocks, generates as byproducts, or produces as products any 

of the hazardous air pollutants (HAP) emissions.

(2) HAP listed in Table 1 to this subpart (Table 1 HAP) ).

(2) The CMPU is located at an area source of HAP emissions.

(3) Table 1 HAP are present in the CMPU, as 

specifiedfeedstocks, or Table 1 HAP are generated or produced in 

paragraph (a)(2)(i), (ii), (iii), or (iv) of this section.

(i) Thethe CMPU uses as feedstock, any material that 

contains quinoline, manganese, and/or trivalent chromium are 
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present in process fluid, at an individual concentration greater 

than 1.0 percent by weight, or any other Table 1 HAP at an 

individual concentrationconcentrations greater than 0.1 percent 

by weightfor carcinogens, as defined by the Occupational Safety 

and Health Administration at 29 CFR 1910.1200(d)(4), and greater 

than 1.0 percent for noncarcinogens. To determine the Table 1 

HAP content of feedstocks, you may rely on formulation data 

provided by the manufacturer or supplier, such as the Material 

Safety Data Sheet (MSDS) for the material. If the concentration 

in an MSDS is presented as a range, use the upper bound of the 

range.

(ii) Quinoline is generated as byproduct and is present in 

the CMPU in any liquid stream (process or waste) at a 

concentration greater than 1.0 percent by weight.

(iii) Hydrazine and/or Table 1 organic HAP other than 

quinoline are generated as byproduct and are present in the CMPU 

in any liquid stream (process or waste), continuous process 

vent, or batch process vent at an individual concentration 

greater than 0.1 percent by weight.

(iv) Hydrazine or any Table 1 HAP is produced as a product 

of the CMPU.

(b) A CMPU includes all process vessels, equipment, and 

activities necessary to operate a chemical manufacturing process

that produces a material or a family of materials described by 
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North American Industry Classification System (NAICS) code 325. 

A CMPU consists of one or more unit operations and any 

associated recovery devices. A CMPU also includes each storage 

tank, transfer operation, surge control vessel, and bottoms 

receiver associated with the production of such NAICS code 325 

materials.

(c) This subpart does not apply to the operations specified 

in paragraphs (c)(1) through (6) of this section.

(1) Affected sources under the following chemical 

manufacturing area source categories listed pursuant to Clean 

Air Act (CAA) section 112(c)(3) and 112(k)(3)(B)(ii) that are 

subject to area source standards under this part:

(i) Manufacture of Paint and Allied Products, subject to 

subpart CCCCCCC of this part.

(ii) Mercury Emissions from Mercury Cell Chlor-Alkali 

Plants, subject to subpart IIIII of this part.

(iii) Polyvinyl Chloride and Copolymers Production, subject 

to subpart DDDDDD of this part.

(iv) Acrylic and Modacrylic Fibers Production, subject to 

subpart LLLLLL of this part.

(v) Carbon Black Production, subject to subpart MMMMMM of 

this part.

(vi) Chemical Manufacturing Area Sources: Chromium 

Compounds, subject to subpart NNNNNN of this part.
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(vii) Lead oxide production at Lead Acid Battery 

Manufacturing Facilities, subject to subpart PPPPPP of this 

part.

(2) Production of the following chemical manufacturing 

materials described in NAICS code 325:

(i) Manufacture of radioactive elements or isotopes, radium 

chloride, radium luminous compounds, strontium, uranium.

(ii) Manufacture of photographic film, paper, and plate 

where the material is coated with or contains chemicals. This 

subpart does apply to the manufacture of photographic chemicals.

(iii) Fabricating operations (such as spinning or 

compressing a solid polymer into its end use); compounding 

operations (in which blending, melting, and resolidification of 

a solid polymer product occurs for the purpose of incorporating 

additives, colorants, or stabilizers); and extrusion and drawing 

operations (converting an already produced solid polymer into a 

different shape by melting or mixing the polymer and then 

forcing it or pulling it through an orifice to create an 

extruded product). An operation is subject if it involves 

processing with Table 1 HAP solvent or if an intended purpose of 

the operation is to remove residual Table 1 HAP monomer.

(iv) Manufacture of chemicals classified in NAICS code 

325222, 325314, 325413, or 325998.

(3) Research and development facilities, as defined in CAA 
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section 112(c)(7).

(4) Quality assurance/quality control laboratories.

(5) Ancillary activities, as defined in §63.11502(b).

(6) Metal HAP in structures or existing as articles as 

defined in 40 CFR 372.3.

(d) This subpart applies to each new or existing affected 

source. The affected source is the facility-wide collection of 

CMPUs and each heat exchange system and wastewater system 

associated with a CMPU that meets the criteria specified in 

paragraphs (a) and (b) of this section. A CMPU using only Table 

1 organic HAP is required to control only total CAA section 

112(b) organic HAP. A CMPU using only Table 1 metal HAP is 

required to control only total CAA section 112(b) metal HAP in 

accordance with §63.11495 and, if applicable, §63.11496(f).

(1) An affected source is an existing source if you 

commenced construction or reconstruction of the affected source 

before October 6, 2008.

(2) An affected source is a new source if you commenced 

construction or reconstruction of the affected source on or 

after October 6, 2008.

(e) Any area source that installed a federally-enforceable 

control device on an affected CMPU is required to obtain a 

permit under 40 CFR part 70 or 40 CFR part 71 if the control 

device on the affected CMPU is necessary to maintain the 
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source’s emissions at area source levels. For new and existing 

sources subject to this rule on [INSERT DATE OF PUBLICATION OF

THE FINAL RULE IN FEDERAL REGISTER] and subject to title V as a 

result of this rule, a complete title V permit application must 

be submitted no later than [INSERT DATE 12 MONTHS AFTER 

PUBLICATION OF THE FINAL RULE IN FEDERAL REGISTER]. New and 

existing sources that become subject to this rule after [INSERT 

DATE OF PUBLICATION OF THE FINAL RULE IN FEDERAL REGISTER] must 

submit a complete title V permit application no later than 12 

months after becoming subject to this rule if the source is 

subject to title V as a result of this rule.source that was a 

major source and installed a control device on a CMPU after 

November 15, 1990, and, as a result, became an area source under 

40 CFR part 63 is required to obtain a permit under 40 CFR part 

70 or 40 CFR part 71. Otherwise, you are exempt from the 

obligation to obtain a permit under 40 CFR part 70 or 40 CFR 

part 71, provided you are not otherwise required by law to 

obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). 

Notwithstanding the previous sentence, you must continue to 

comply with the provisions of this subpart.

(f) If you own or operate an existing affected source, you 

must achieve compliance with the applicable provisions in this 

subpart no later than January 27, 2013October 29, 2012.

(g) If you start up a new affected source on or before 
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October 29, 2009, you must achieve compliance with the 

applicable provisions of this subpart no later than October 29, 

2009.

(h) If you start up a new affected source after October 29, 

2009, you must achieve compliance with the provisions in this 

subpart upon startup of your affected source.

Standards and Compliance Requirements

§63.11495 What are the management practices and other 

requirements?

(a) Management practices. If you have a CMPU subject to 

this subpart, you must comply with paragraphs (a)(1) through (5) 

of this section.

(1) Each process vessel in organic HAP service or metal HAP 

service must be equipped with a cover or lid that must be 

closedin place at all times when it is in organic HAP service or 

metal HAP servicethe vessel contains HAP, except for manual 

operations that require access, such as material addition and 

removal, inspection, sampling and cleaning. This requirement 

does not apply to process vessels containing only metal HAP that 

are in a liquid solution or other form that will not result in 

particulate emissions of metal HAP (e.g., metal HAP that is in 

ingot, paste, slurry, or moist pellet form or other form).

(2) You must use any of the methods listed in paragraphs 

(a)(2)(i) through (iv) of this section to control total organic 
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HAP emissions from transfer of liquids containing Table 1 

organic HAP to tank trucks or railcars. You are not required to 

comply with this paragraph (a)(2) if you have notified the 

Administrator in your initial notification that a material is 

reactive or resinous, and you will not be able to comply with 

any of the methods in paragraphs (a)(2)(i) through (iv) of this 

section for the transfer of such material.

(i) Use submerged loading or bottom loading.

(ii) Route emissions to a fuel gas system or process in 

accordance with §63.982(d) of subpart SS.

(iii) Vapor balance back to the storage tank or another 

storage tank connected by a common header.

(iv) Vent through a closed-vent system to a control device.

(3) You must conduct inspections of process vessels and 

equipment for each CMPU in organic HAP service or metal HAP 

service, as specified in paragraphs (a)(3)(i) through (v) of 

this section, at least quarterly to demonstrate compliance with 

paragraph (a)(1) of this sectionthese requirements and to 

determine that the process vessels and equipment are sound and 

free of leaks. Alternatively, except when the subject CMPU 

contains metal HAP as particulate, inspections may be conducted 

while the subject process vessels and equipment are in VOC 

service, provided that leaks can be detected when in VOC 

service.
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(i) Inspections must be conducted at least quarterly.

(ii) For these inspections, detection methods incorporating 

sight, sound, or smell are acceptable. The inspection must 

include direct and proximal (thorough) inspection of all areas 

of potential leak within the CMPU. Indications of a leak 

identified using such methods constitutemethod constitutes a 

leak unless you demonstrate that the indications of a leak are 

due to a condition other than loss of HAP. Alternatively, Method 

21 of 40 CFR part 60, appendix A-7, with a leak definition of 

500 parts per million by volume (ppmv), may be used for 

detection of leaks or to determine if the indications of a leak 

are due to a condition other than loss of HAP. If indications of 

a leak are determined not to be HAP in one quarterly monitoring 

period, you must still perform the inspection and demonstration 

in the next quarterly monitoring period.

(iii) As an alternative to conducting inspections, as 

specified in paragraph (a)(3)(ii) of this section, you may use 

Method 21 of 40 CFR part 60, appendix A-7, with a leak 

definition of 500 ppmv to detect leaks. You may also use Method 

21 with a leak definition of 500 ppmv to determine if 

indications of a leak identified during an inspection conducted 

in accordance with paragraph (a)(3)(ii) of this section are due 

to a condition other than loss of HAP. The procedures in this 

paragraph (a)(3)(iii) may not be used as an alternative to the 
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inspection required by paragraph (a)(3)(ii) of this section for 

process vessels that contain metal HAP as particulate.

(iv) Inspections must be conducted while the subject CMPU 

is operating.

(v) No inspection is required in a calendar quarter during 

which the subject CMPU does not operate for the entire calendar 

quarter and is not in organic HAP service or metal HAP service. 

If the CMPU operates at all during a calendar quarter, an 

inspection is required.

(4) You must repair any leak within 15 calendar days after 

detection of the leak, or document the reason for any delay of 

repair. For the purposes of this paragraph (a)(4), a leak will 

be considered “repaired” if a condition specified in paragraph 

(a)(4)(i), (ii), or (iii) of this section is met.

(i) The visual, audible, olfactory, or other indications of 

a leak to the atmosphere have been eliminated, or

(ii) No bubbles are observed at potential leak sites during 

a leak check using soap solution, or

(iii) The system will hold a test pressure.

(5) You must keep records of the dates and results of each 

inspection event, the dates of equipment repairs, and, if 

applicable, the reasons for any delay in repair.

(b) Small heat exchange systems. For each heat exchange 

system subject to this subpart with a cooling water flow rate 
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less than 8,000 gallons per minute (gal/min) and not meeting one 

or more of the conditions in §63.104(a), you must comply with 

paragraphs (b)(1) through (3) of this section, or as an 

alternative, you may comply with any one of the requirements in 

Item 1.a or 1.b of Table 8 to this subpart.

(1) You must develop and operate in accordance with a heat 

exchange system inspection plan. The plan must describe the 

inspections to be performed that will provide evidence of 

hydrocarbons in the cooling water. Among other things, 

inspections may include checks for visible floating hydrocarbon 

on the water, hydrocarbon odor, discolored water, and/or 

chemical addition rates. You must conduct inspections at least 

once per quarter, even if the previous inspection determined 

that the indications of a leak did not constitute a leak as 

defined by §63.104(b)(6).

(2) You must perform repairs to eliminate the leak and any 

indications of a leak or demonstrate that the HAP concentration 

in the cooling water does not constitute a leak, as defined by 

§63.104(b)(6), within 45 calendar days after indications of the 

leak are identified, or you must document the reason for any 

delay of repair in your next semiannual compliance report.

(3) You must keep records of the dates and results of each 

inspection, documentation of any demonstrations that indications 

of a leak do not constitute a leak, the dates of leak repairs, 
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and, if applicable, the reasons for any delay in repair.

(c) Startup, shutdown, and malfunction. Startup, shutdown, 

and malfunction (SSM) provisions in subparts that are referenced 

in paragraphs (a) and (b) of this section do not apply.

(d) General duty. At all times, you must operate and 

maintain any affected CMPU, including associated air pollution 

control equipment and monitoring equipment, in a manner 

consistent with safety and good air pollution control practices 

for minimizing emissions. Determination of whether such 

operation and maintenance procedures are being used will be 

based on information available to the Administrator, which may 

include, but is not limited to, monitoring results, review of 

operation and maintenance procedures, review of operation and 

maintenance records, and inspection of the CMPU.

§63.11496 What are the standards and compliance requirements 

for process vents?

(a) Organic HAP Emissions from Batch Process Vents. You 

must comply with the requirements in paragraphs (a)(1) through 

(4) of this section for organic HAP emissions from your batch 

process vents for each CMPU using Table 1 organic HAP. If

uncontrolled organic HAP emissions from all batch process vents 

from a CMPU subject to this subpart are equal to or greater than 

10,000 pounds per year (lb/yr), you must also comply with the 

emission limits and other requirements in Table 2 to this 
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subpart.

(1) You must determine the sum of actual organic HAP 

emissions from all of your batch process vents within a CMPU 

subject to this subpart using process knowledge, engineering 

assessment, or test data. Emissions for a standard batch in a 

process may be used to represent actual emissions from each 

batch in that process. You must maintain records of the 

calculations. Calculations of annual emissions are not required 

if you meet the emission standards for batch process vents in 

Table 2 to this subpart.

(2) As an alternative to calculating actual emissions for 

each affected CMPU at your facility, you may elect to estimate 

emissions for each CMPU based on the emissions for the worstcase CMPU. The worst-case CMPU means the CMPU at the affected 

source with the highest organic HAP emissions per batch. The 

worst-case emissions per batch are used with the number of 

batches run for other affected CMPU. Process knowledge, 

engineering assessment, or test data may be used to identify the 

worst-case process. You must keep records of the information and 

procedures used to identify the worst-case process.

(3) If your current estimate is that emissions from batch 

process vents from a CMPU are less than 10,000 pounds per year 

(lb/yr), then you must keep a record of the number of batches of 

each process operated per month. Also, you must reevaluate your 
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total emissions from batch process vents prior to making any 

process changes that affect emission calculations in paragraphs 

(a)(1) and (2) of this section. If projected emissions increase 

to 10,000 lb/yr or more, you must be in compliance options for 

batch process vents in Table 2 to this subpart upon initiating 

operation under the new operating conditions. You must maintain 

records documenting the results of all updated emissions 

calculations.

(4) As an alternative to determining the HAP emissions, you 

may elect to demonstrate that the amount of organic HAP used in 

the process is less than 10,000 lb/yr. You must keep monthly 

records of the organic HAP usage.

(b) Organic HAP Emissions from Continuous Process Vents. 

You must comply with the requirements in paragraphs (b)(1) 

through (3) of this section for organic HAP emissions from your 

continuous process vents for each CMPU subject to this subpart 

using Table 1 organic HAP. If the total resource-effectiveness 

(TRE) index value for a continuous process vent is less than or 

equal to 1.0, you must also comply with the emission limits and 

other requirements in Table 3 to this subpart.

(1) You must determine the TRE index value according to the 

procedures in §63.115(d), except as specified in paragraphs 

(b)(1)(i) through (iii) of this section.

(i) You are not required to calculate the TRE index value 
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if you control emissions in accordance with Table 3 to this 

subpart.

(ii) Sections 63.115(d)(1)(i) and (ii) are not applicable 

for the purposes of this paragraph (b)(1)(ii).

(iii) You may assume the TRE for a vent stream is > 1.0 if 

the amount of organic HAP emitted in the vent stream is less 

than 0.1 pound per hour.

(2) If the current TRE index value is greater than 1, you 

must recalculate the TRE index value before you make any process 

or operational change that affects parameters in the 

calculation. If the recalculated TRE is less than or equal to 

1.0, then you must comply with one of the compliance options for 

continuous process vents in Table 3 to this subpart before 

operating under the new operating conditions. You must maintain 

records of all TRE calculations.

(3) If a recovery device as defined in §63.11502 is used to 

maintain the TRE index value at a level greater than 1.0 and 

less than or equal to 4.0, you must comply with §63.982(e) and 

the requirements specified therein.

(c) Combined Streams. If you combine organic HAP emissions 

from batch process vents and continuous process vents, you must 

comply with the more stringent standard in Table 2 or Table 3 to 

this subpart that applies to any portion of the combined stream, 

or you must comply with Table 2 for the batch process vents and 
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Table 3 for the continuous process vents. The TRE index value 

for continuous process vents and the annual emissions from batch 

process vents shall be determined for the individual streams 

before they are combined, and prior to any control (e.g., by 

subtracting any emission contributions from storage tanks, 

continuous process vents or batch process vents, as applicable), 

in order to determine the most stringent applicable 

requirements.

(d) Combustion of Halogenated Streams. You must determine 

if an emission stream is a halogenated vent stream by 

calculating the mass emission rate of halogen atoms in 

accordance with §63.115(d)(2)(v). Alternatively, you may elect 

to designate the emission stream as halogenated. If you use a 

combustion device to comply with the emission limits for organic 

HAP from a halogenated batch process vent or a halogenated 

continuous process vent, you must use a halogen reduction device 

to meet the emission limit in either paragraph (d)(1) or (d)(2) 

of this section and in accordance with §63.994 and the 

requirements referenced therein.

(1) Reduce overall emissions of hydrogen halide and halogen 

HAP after the combustion device by greater than or equal to 95 

percent, to less than or equal to 0.45 kilograms per hour 

(kg/hr), or to a concentration less than or equal to 20 parts 

per million by volume (ppmv).
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(2) Reduce the halogen atom mass emission rate before the 

combustion device to less than or equal to 0.45 kg/hr or to a 

concentration less than or equal to 20 ppmv.

(e) Alternative Standard for Organic HAP. Exceptions to the 

requirements for the alternative standard requirements specified 

in Tables 2 and 3 to this subpart and §63.2505 are specified in 

paragraphs (e)(1) through (65) of this section.

(1) When §63.2505 of subpart FFFF refers to Tables 1 and 2 

to subpart FFFF and §§63.2455 and 63.2460, it means Tables 2 and 

3 to this subpart and §63.11496(a) and (b).

(2) Sections 63.2505(a)(2) and (b)(9) do not apply.

(3) When §63.2505(b) references §63.2445 it means 

§63.11494(f) through (h).

(4) The requirements for hydrogen halide and halogen HAP 

apply only to hydrogen halide and halogen HAP generated in a 

combustion device that is used to comply with the alternative 

standard.

(5) When §63.1258(b)(5)(ii)(B)(2) refers to a “notification 

of process change” report, it means the semi-annual compliance 

report required by §63.11501(d) for the purposes of this 

subpart.

(6) CEMS requirements and data reduction requirements for 

CEMS specified in §63.2450(j) apply.

(f) Emissions from Metal HAP Process Vents. You must comply 
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with the requirements in paragraphs (f)(1) and (2) of this 

section for metal HAP emissions from each CMPU using Table 1 

metal HAP. If the collective uncontrolled metal HAP emissions 

from all metal HAP process vents from a CMPU are equal to or 

greater than 400 lb/yr, then you must also comply with the 

emission limits and other requirements in Table 4 to this 

subpart and in paragraph (f)(3), (4), or (5) of this section.

The requirements of this paragraph (f) do not apply to metal HAP 

process vents from CMPU containing only metal HAP that are in a 

liquid solution or other form that will not result in 

particulate emissions of metal HAP (e.g., metal HAP that is in 

ingot, paste, slurry, or moist pellet form or other form).

(1) You must determine the sum of metal HAP emissions from 

all metal HAP process vents within a CMPU subject to this 

subpart, except you are not required to determine the annual 

emissions if you control the metal HAP process vents within a 

CMPU in accordance with Table 4 to this subpart or if you 

determine your total metal HAP usage in the process unit is less 

than 400 lb/yr. To determine the mass emission rate you may use 

process knowledge, engineering assessment, or test data. You 

must keep records of the emissions calculations.

(2) If your current estimate is that total uncontrolled 

metal HAP emissions from a CMPU subject to this subpart are less 

than 400 lb/yr, then you must keep records of either the number 
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of batches operated per month (batch vents) or the process 

operating hours (continuous vents). Also, you must reevaluate 

your total emissions before you make any process or operational 

change that affects emissions of metal HAP. If projected 

emissions increase to 400 lb/yr or more, then you must be in 

compliance with one of the options for metal HAP process vents 

in Table 4 to this subpart upon initiating operation under the 

new operating conditions. You must keep records of all 

recalculated emissions determinations.

(3) If you have an existing source subject to the HAP 

metals emission limits specified in Table 4 to this subpart, you 

must comply with the initial compliance and monitoring 

requirements in paragraphs (f)(3)(i) through (iii) of this 

section. You must keep records of monitoring results to 

demonstrate continuous compliance.

(i) You must prepare a monitoring plan containing the 

information in paragraphs (f)(3)(i)(A) through (E) of this 

section. The plan must be maintained on-site and be available on 

request. You must operate and maintain the control device 

according to a site-specific monitoring plan at all times.

(A) A description of the device;

(B) Results of a performance test or engineering assessment 

conducted in accordance with paragraph (f)(3)(ii) of this 

section verifying the performance of the device for reducing HAP 
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metals or particulate matter (PM) to the levels required by this 

subpart;

(C) Operation and maintenance plan for the control device 

(including a preventative maintenance schedule consistent with 

the manufacturer's instructions for routine and long-term 

maintenance) and continuous monitoring system (CMS).

(D) A list of operating parameters that will be monitored 

to maintain continuous compliance with the applicable emissions 

limits; and

(E) Operating parameter limits based on either monitoring 

data collected during the performance test or established in the 

engineering assessment.

(ii) You must conduct a performance test or an engineering 

assessment for each CMPU subject to a HAP metals emissions limit 

in Table 4 to this subpart and report the results in your 

Notification of Compliance Status (NOCS) report. Each 

performance test or engineering assessment must be conducted 

under representative operating conditions, and sampling for each 

performance test must be conducted at both the inlet and outlet 

of the control device. Upon request, you shall make available to 

the Administrator such records as may be necessary to determine 

the conditions of performance tests. If you own or operate an 

existing affected source, you are not required to conduct a 

performance test if a prior performance test was conducted 
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within the 5 years prior to the effective date using the same 

methods specified in paragraph (f)(3)(iii) of this section, and,

either no process changes have been made since the test, or, if 

you can demonstrate that the results of the performance test, 

with or without adjustments, reliably demonstrate compliance 

despite process changes.For each performance test, sampling must 

be conducted at both the inlet and outlet of the control device, 

and the test must be conducted under representative process 

operating conditions.

(iii) If you elect to conduct a performance test, it must 

be conducted according to requirements in §63.11410(j)(1). As an 

alternative to conducting a performance test using Method 5 or 

5D to determine the concentration of PM, you may use Method 29 

in 40 CFR part 60, appendix A-8 to determine the concentration 

of HAP metals. You have demonstrated initial compliance if the 

overall reduction of either HAP metals or total PM is equal to 

or greater than 95 percent.

(4) If you have a new source using a baghouse as a control 

device, you must install, operate, and maintain a bag leak 

detection system on all baghouses used to comply with the HAP 

metals emissions limit in Table 4 to this subpart. You must 

comply with the testing, monitoring, and recordkeeping 

requirements in §63.11410(g), (i), and (j)(1), except you are 

not required to submit the monitoring plan required by 
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§63.11410(g)(2) for approval.

(5) If you have a new source using a control device other 

than a baghouse to comply with the HAP metals emission limits in 

Table 4 to this subpart, you must comply with the initial 

compliance and monitoring requirements in paragraphs (f)(3)(i) 

through (iii) of this section.

(g) Exceptions and Alternatives to 40 CFR Part 63, Subpart 

SS. If you are complying with the emission limits and other 

requirements for continuous process vents in Table 3 to this 

subpart, the provisions in paragraphs (g)(1) through (7) and (9) 

of this section apply in addition to the provisions in 40 CFR 

part 63, subpart SS. If you are complying with the emission 

limits and other requirements for batch process vents in Table 2 

to this subpart, the provisions in paragraphs (g)(1) through (8) 

of this section apply in addition to the provisions in subpart 

SS.

(1) Requirements for Performance Tests. (i) The 

requirements specified in §§63.2450(g)(1) through (4) apply 

instead of, or in addition to, the requirements specified in 40 

CFR part 63, subpart SS.

(ii) Upon request, you shall make available to the 

Administrator, such records as may be necessary to determine the 

conditions of performance tests.

(2) Design Evaluation. To determine initial compliance with 
Page 24 of 80

a percent reduction or outlet concentration emission limit, you 

may elect to conduct a design evaluation as specified in 

§63.1257(a)(1) instead of a performance test as specified in 

subpart SS of this part 63. You must establish the value(s) and 

basis for the operating limits as part of the design evaluation. 

For continuous process vents, the design evaluation must be 

conducted at maximum representative operating conditions for the 

process, unless the Administrator specifies or approves 

alternate operating conditions. For batch process vents, the 

design evaluation must be conducted under worst-case conditions, 

as specified in §63.2460(c)(2).

(3) Outlet Concentration Correction for Combustion Devices.

When §63.997(e)(2)(iii)(C) requires you to correct the measured 

concentration at the outlet of a combustion device to 3 percent 

oxygen if you add supplemental combustion air, the requirements 

in either paragraph (g)(3)(i) or (g)(3)(ii) of this section 

apply for the purposes of this subpart.

(i) You must correct the concentration in the gas stream at 

the outlet of the combustion device to 3 percent oxygen if you 

add supplemental gases, as defined in §63.2550, to the vent 

stream, or;

(ii) You must correct the measured concentration for 

supplemental gases using Equation 1 of §63.2460; you may use 

process knowledge and representative operating data to determine 
Page 25 of 80

the fraction of the total flow due to supplemental gas.

(4) Continuous Parameter Monitoring. The provisions in 

§63.2450(k)(1) through (6) apply in addition to the requirements 

for continuous parameter monitoring systems (CPMS) in subpart SS 

of this part 63, except as specified in paragraphs (g)(4)(i) and 

(ii) of this section.

(i) You may measure pH or caustic strength of the scrubber 

effluent at least once per day for any halogen scrubber within a 

CMPU subject to this rule.

(ii) The requirements in §63.2450(k)(6) to request approval 

of a procedure to monitor operating parameters does not apply 

for the purposes of this subpart. You must provide the required 

information in your NOCS report required by §63.11501(b).

(5) Startup, Shutdown, Malfunction (SSM). Sections 

63.996(c)(2)(ii) and 63.998(b)(2)(iii), (b)(6)(i)(A),

(c)(1)(ii)(E) and (d)(3) do not apply for the purposes of this 

subpart.

(6) Excused Excursions. Excused excursions, as defined in 

subpart SS of this part 63, are not allowed.

(7) Energetics and Organic Peroxides. If an emission stream 

contains energetics or organic peroxides that, for safety 

reasons, cannot meet an applicable emission limit specified in 

this subpart, then you must submit an application to the 

Administrator explaining why an undue safety hazard would be 
Page 26 of 80

created if the air emission controls were installed, and you 

must describe the procedures that you will implement to minimize 

HAP emissions from these vent streams in lieu of the emission 

limitations in this section.

(8) Additional Requirements for Batch Process Vents. The 

provisions specified in §63.2460(c) apply in addition to the 

provisions in subpart SS of this part 63, except as specified in 

paragraphs (g)(8)(i) through (iii) of this section.

(i) References to emission limits in Table 2 to subpart 

FFFF mean the emission limits in Table 2 to this subpart.

(ii) References to MCPU mean CMPU for purposes of this 

subpart.

(iii) Section 63.2460(c)(8) does not apply for the purposes 

of this subpart.

(9) Parameter Monitoring Averaging Periods. Daily averages 

required in §63.998(b)(3) apply at all times except during 

startup and shutdown. Separate averages shall be determined for 

each period of startup and period of shutdown.

(h) Surge Control Vessels and Bottoms Receivers. For each 

surge control vessel and bottoms receiver that meets the 

applicability criteria for storage tanks specified in Table 5 to 

this subpart, you must meet the emission limits and control 

requirements specified in Table 5 to this subpart.

(i) Startup, shutdown, and malfunction (SSM). References to 
Page 27 of 80

SSM provisions in subparts that are referenced in paragraphs (a) 

through (h) of this section or Tables 2 through 5 to this 

subpart do not apply.

§63.11497 What are the standards and compliance requirements 

for storage tanks?

(a) You must comply with the emission limits and other 

requirements in Table 5 to this subpart and in paragraph (b) of 

this section for organic HAP emissions from each of your storage 

tanks that meet the applicability criteria in Table 5 to this 

subpart.

(b) Planned Routine Maintenance for a Control Device. 

Operate in accordance with paragraphs (b)(1) through (3) of this 

section for periods of planned routine maintenance of a control 

device for storage tanks.

(1) Add no material to the storage tank during periods of 

planned routine maintenance.

(2) Limit periods of planned routine maintenance for each 

control device (or series of control devices) to no more than 

240 hours per year (hr/yr), or submit an application to the 

Administrator requesting an extension of this time limit to a 

total of 360 hr/yr. The application must explain why the 

extension is needed and it must be submitted at least 60 days 

before the 240-hour limit will be exceeded.
Page 28 of 80

(3) Keep records of the day and time at which planned 

routine maintenance periods begin and end, and keep a record of 

the type of maintenance performed.

(c) References to SSM provisions in subparts that are 

referenced in paragraphs (a) or (b) of this section or Table 5 

to this subpart do not apply.

(d) Combustion of Halogenated Streams. If you use a 

combustion device to comply with the emission limits for organic 

HAP from a halogenated vent stream from a storage tank, you must 

reduce emissions in accordance with §63.11496(d) and the 

requirements referenced therein.

§63.11498 What are the standards and compliance requirements 

for wastewater systems?

(a) You must comply with the requirements in paragraph 

(a)(1) and (2) of this section and in Table 6, Item 1 to this 

subpart for all wastewater streams from a CMPU subject to this 

subpart. If the partially soluble HAP concentration in a 

wastewater stream is equal to or greater than 10,000 parts per 

million by weight (ppmw) and the wastewater stream contains a 

separate organic phase, then you must also comply with Table 6, 

Item 2 to this subpart for that wastewater stream. Partially 

soluble HAP are listed in Table 7 to this subpart.

(1) Except as specified in paragraph (a)(2) of this 

section, you must determine the total concentration of partially 
Page 29 of 80

soluble HAP in each wastewater stream using process knowledge, 

engineering assessment, or test data. Also, you must reevaluate 

the concentration of partially soluble HAP if you make any 

process or operational change that affects the concentration of 

partially soluble HAP in a wastewater stream.

(2) You are not required to determine the partially soluble 

concentration in wastewater that is hard piped to a combustion 

unit or hazardous waste treatment unit, as specified in Table 6, 

Item 2.b to this subpartand you are not required to determine 

the partially soluble HAP concentration in wastewater that is 

hard piped to a storage tank from which the wastewater is 

collected and shipped offsite for treatment in a combustion unit 

or hazardous waste treatment unit.

(3) Separated organic material that is recycled to a 

process is no longer wastewater and no longer subject to the 

wastewater requirements after it has been recycled.

(b) The requirements in Item 2 of Table 6 to this subpart 

do not apply during periods of startup or shutdown. References 

to SSM provisions in subparts that are referenced in paragraph 

(a) of this section or Table 6 to this subpart do not apply.

§63.11499 What are the standards and compliance requirements 

for heat exchange systems?

(a) If the cooling water flow rate in your heat exchange 

system is equal to or greater than 8,000 gal/min and is not 
Page 30 of 80

meeting one or more of the conditions in §63.104(a), then you 

must comply with one of the requirements specified in Table 8 to 

this subpart.

(b) For equipment that meets Current Good Manufacturing 

Practice (CGMP) requirements of 21 CFR part 211, you may use the 

physical integrity of the reactor as the surrogate indicator of 

heat exchanger system leaks when complying with Item 1.a in 

Table 8 to this subpart.

(c) Any reference to SSM provisions in other subparts that 

are referenced in paragraphs (a) and (b) of this section or 

Table 8 to this subpart do not apply.

§63.11500 What compliance options do I have if part of my plant 

is subject to both this subpart and another Federal standard?

For any CMPU, heat exchange system, or wastewater system 

subject to the provisions of both this subpart and another rule, 

you may elect to comply only with the more stringent provisions 

as specified in paragraphs (a) through (d) of this section. You 

must consider all provisions of the rules, including monitoring, 

recordkeeping, and reporting. You must identify the subject 

CMPU, heat exchange system, and/or wastewater system, and the 

provisions with which you will comply in your NOCS report 

required by §63.11501(b). You also must demonstrate in your NOCS 

report that each provision with which you will comply is at 

least as stringent as the otherwise applicable requirement in 
Page 31 of 80

this subpart VVVVVV. You are responsible for making accurate 

determinations concerning the more stringent standards and 

noncompliance with this rule is not excused if it is later 

determined that your determination was in error and, as a 

result, you are violating this subpart. Compliance with this 

rule is your responsibility and the NOCS report does not alter 

or affect that responsibility.

(a) Compliance with Other Subparts of this Part 63. (1) If 

any part of a CMPU that is subject to the provisions of this 

subpart is also subject to the provisions of another subpart of 

40 CFR part 63, then compliance with any of the requirements in 

the other subpart of this part 63 that are at least as stringent 

as the corresponding requirements in this subpart VVVVVV 

constitutes compliance with this subpart VVVVVV.

(2) After the compliance dates specified in §63.11494, at 

an offsite reloading or cleaning facility subject to 

§63.1253(f), as referenced from §63.2470(e) and Table 4 to 

subpart VVVVVV, compliance with the monitoring, recordkeeping, 

and reporting provisions of any other subpart of this part 63 

constitutes compliance with the monitoring, recordkeeping, and 

reporting provisions of §63.1253(f)(7)(ii) or (iii). You must 

identify in your notification of compliance status report 

required by §63.11501(b) the subpart of this part 63 with which 

the owner or operator of the offsite reloading or cleaning 
Page 32 of 80

facility complies.

(b) Compliance with Subparts of 40 CFR Part 60. If any part 

of a CMPU that is subject to the provisions of this subpart is 

also subject to the provisions of subpart VV, DDD, III, NNN, 

RRR, or YYY in 40 CFR part 60, then compliance with any of the 

requirements in 40 CFR part 60, subpart VV, DDD, III, NNN, RRR, 

or YYY that are at least as stringent as the corresponding 

requirements in this subpart VVVVVV constitutes compliance with 

this subpart VVVVVV.

(c) Compliance with Subparts of 40 CFR Part 61. If any part 

of a CMPU that is subject to the provisions of this subpart is 

also subject to the provisions of subpart V, Y, BB, or FF of 40 

CFR part 61, then compliance with any of the requirements in 40 

CFR part 61, subpart V, Y, BB, or FF that are at least as 

stringent as the corresponding requirements in this subpart 

VVVVVV constitutes compliance with this subpart VVVVVV.

(d) Compliance with 40 CFR Parts 260 through 272. If any 

part of a CMPU that is subject to the provisions of this subpart 

is also subject to the provisions of 40 CFR parts 260 through 

272, then compliance with any of the requirements in 40 CFR part 

260 through 272 rule that are at least as stringent as the 

corresponding requirements in this subpart VVVVVV constitutes 

compliance with this subpart VVVVVV.

§63.11501 What are the notification, recordkeeping, and 
Page 33 of 80

reporting requirements, and how may I assert an affirmative 

defense for violation of emission standards during malfunction?

(a) General Provisions. You must meet the requirements of 

the General Provisions in 40 CFR part 63, subpart A, as shown in 

Table 9 to this subpart. The General Provisions in other parts 

do not apply except when a requirement in an overlapping 

standard, which you determined is at least as stringent as 

subpart VVVVVV and with which you have opted to comply, requires 

compliance with general provisions in another part.

(b) Notification of Compliance Status (NOCS). Your NOCS 

required by §63.9(h) must include the following additional 

information as applicable:

(1) This certification of compliance, signed by a 

responsible official:

(i) “This facility complies with the management practices 

in §63.11495.”

(ii) “This facility complies with the requirements in 

§63.11496 for HAP emissions from process vents.”

(iii) “This facility complies with the requirements in 

§63.11496 and §63.11497 for surge control vessels, bottoms 

receivers, and storage tanks.”

(iv) “This facility complies with the requirements in 

§63.11498 to treat wastewater streams.”

(v) “This facility complies with the requirements in 
Page 34 of 80

§63.11499 for heat exchange systems.”

(2) If you comply with the alternative standard as 

specified in Table 2 to this subpart or Table 3 to this subpart, 

include the information specified in §63.1258(b)(5), as 

applicable.

(3) If you establish an operating limit for a parameter 

that will not be monitored continuously in accordance with 

§§63.11496(g)(4) and 63.2450(k)(6), provide the information as 

specified in §§63.11496(g)(4) and 63.2450(k)(6).

(4) A list of all transferred liquids that are reactive or 

resinous materials, as defined in §63.11502(b).

(5) If you comply with provisions in an overlapping rule in 

accordance with §63.11500, identify the affected CMPU, heat 

exchange system, and/or wastewater system; provide a list of the 

specific provisions with which you will comply; and demonstrate 

that the provisions with which you will comply are at least as 

stringent as the otherwise applicable requirements, including 

monitoring, recordkeeping, and reporting requirements, in this 

subpart VVVVVV.

(c) Recordkeeping. You must maintain files of all 

information required by this subpart for at least 5 years 

following the date of each occurrence according to the 

requirements in §63.10(b)(1). If you are subject, you must 

comply with the recordkeeping and reporting requirements of 
Page 35 of 80

§63.10(b)(2)(iii) and (vi) through (xiv), and the applicable 

requirements specified in paragraphs (c)(1) through (87) of this 

section.

(1) For each CMPU subject to this subpart, you must keep 

the records specified in paragraphs (c)(1)(i) through (viiivi) 

of this section, as applicable.

(i) Records of management practice inspections, repairs, 

and reasons for any delay of repair, as specified in 

§63.11495(a)(5).

(ii) Records of small heat exchange system inspections, 

demonstrations of indications of leaks that do not constitute 

leaks, repairs, and reasons for any delay in repair as specified 

in §63.11495(b).

(iii) If batch process vent emissions are less than 10,000 

lb/yr for a CMPU, records of batch process vent emission 

calculations, as specified in §63.11496(a)(1), the number of 

batches operated each month, as specified in §63.11496(a)(3), 

and any updated emissions calculations, as specified in 

§63.11496(a)(3). Alternatively, keep records of the worst-case 

processes or organic HAP usage, as specified in §63.11496(a)(2) 

and (4), respectively.

(iv) Records of all TRE calculations for continuous process 

vents as specified in §63.11496(b)(2).

(v) Records of metal HAP emission calculations as specified 
Page 36 of 80

in §63.11496(f)(1) and (2). If total uncontrolled metal HAP 

process vent emissions from a CMPU subject to this subpart are 

estimated to be less than 400 lb/yr, also keep records of either 

the number of batches per month or operating hours, as specified 

in §63.11496(f)(2).

(vi) Records identifying wastewater streams and the type of 

treatment they receive, as specified in Table 6 to this subpart.

(vii) Records of the date, time, and duration of each 

malfunction of operation of process equipment, control devices, 

recovery devices, or continuous monitoring systems used to 

comply with this subpart that causes a failure to meet a 

standard. The record must include a list of the affected sources 

or equipment, an estimate of the volume of each regulated 

pollutant emitted over the standard, and a description of the 

method used to estimate the emissions.

(viii) Records of actions taken during periods of 

malfunction to minimize emissions in accordance with 

§63.11495(d), including corrective actions to restore

malfunctioning process and air pollution control and monitoring 

equipment to its normal or usual manner of operation.

(2) For batch process vents subject to Table 2 to this 

subpart and continuous process vents subject to Table 3 to this 

subpart, you must keep records specified in paragraphs (c)(2)(i) 

or (ii) of this section, as applicable.
Page 37 of 80

(i) If you route emissions to a control device other than a 

flare, keep records of performance tests, if applicable, as 

specified in §63.998(a)(2)(ii) and (4), keep records of the 

monitoring system and the monitored parameters, as specified in 

§63.998(b) and (c), and keep records of the closed-vent system, 

as specified in §63.998(d)(1). If you use a recovery device to 

maintain the TRE above 1.0 for a continuous process vent, keep 

records of monitoring parameters during the TRE index value 

determination, as specified in §63.998(a)(3).

(ii) If you route emissions to a flare, keep records of the 

flare compliance assessment, as specified in §63.998(a)(1)(i), 

keep records of the pilot flame monitoring, as specified in 

§63.998(a)(1)(ii) and (iii), and keep records of the closed-vent 

system, as specified in §63.998(d)(1).

(3) For metal HAP process vents subject to Table 4 to this 

subpart, you must keep records specified in paragraphs (c)(3)(i) 

or (ii) of this section, as applicable.

(i) For a new source using a control device other than a 

baghouse and for any existing source, maintain a monitoring 

plan, as specified in §63.11496(f)(3)(i), and keep records of 

monitoring results, as specified in §63.11496(f)(3).

(ii) For a new source using a baghouse to control metal HAP 

emissions, keep a site-specific monitoring plan, as specified in 

§§63.11496(f)(4) and 63.11410(g), and keep records of bag leak 
Page 38 of 80

detection systems, as specified in §§63.11496(f)(4) and 

63.11410(g)(4).

(4) For each storage tank subject to Table 5 to this 

subpart, you must keep records specified in paragraphs (c)(4)(i) 

through (vi) of this section, as applicable.

(i) Keep records of the vessel dimensions, capacity, and 

liquid stored, as specified in §63.1065(a).

(ii) Keep records of each inspection of an internal 

floating roof, as specified in §63.1065(b)(1).

(iii) Keep records of each seal gap measurement for 

external floating roofs, as specified in §63.1065(b)(2), and 

keep records of inspections of external floating roofs, as 

specified in §63.1065(b)(1).

(iv) If you vent emissions to a control device other than a 

flare, keep records of the operating plan and measured parameter 

values, as specified in §§63.985(c) and 63.998(d)(2).

(v) If you vent emissions to a flare, keep records of all 

periods of operation during which the flare pilot flame is 

absent, as specified in §§63.987(c) and 63.998(a)(1), and keep 

records of closed-vent systems, as specified in §63.998(d)(1).

(vi) For periods of planned routine maintenance of a 

control device, keep records of the day and time at which each 

maintenance period begins and ends, and keep records of the type 

of maintenance performed, as specified in §63.11497(b)(3).
Page 39 of 80

(5) For each wastewater stream subject to Item 2 in Table 6 

to this subpart, keep records of the wastewater stream 

identification and the disposition of the organic phase(s), as 

specified in Item 2 to Table 6 to this subpart.

(6) For each large heat exchange system subject to Table 8 

to this subpart, you must keep records of detected leaks; the 

date the leak was detected; if demonstrated not to be a leak, 

the basis for that determination; the date of efforts to repair 

the leak; and the date the leak is repaired, as specified in 

Table 8 to this subpart.

(7) You must keep a record of all transferred liquids that 

are reactive or resinous materials, as defined in §63.11502(b), 

and not included in the NOCS.

(8) For continuous process vents subject to Table 3 to this 

subpart, keep records of the occurrence and duration of each 

startup and shutdown of operation of process equipment, or of 

air pollution control and monitoring equipment.

(d) Semiannual Compliance Reports. You must submit 

semiannual compliance reports that contain the information 

specified in paragraphs (d)(1) through (7) of this section, as 

applicable. Reports are required only for semiannual periods 

during which you experienced any of the events described in 

paragraphs (d)(1) through (87) of this section.

(1) Deviations. You must clearly identify any deviation 
Page 40 of 80

from the requirements of this subpart.

(2) Delay of Repair for a Large Heat Exchange System. You 

must include the information specified in §63.104(f)(2) each 

time you invoke the delay of repair provisions for a heat

exchange system with a cooling water flow rate equal to or 

greater than 8,000 gal/min.

(3) Delay of Leak Repair. You must provide the following 

information for each delay of leak repair beyond 15 days for any 

process equipment, storage tank, surge control vessel, bottoms 

receiver, and each delay of leak repair beyond 45 days for any 

heat exchange system with a cooling water flow rate less than 

8,000 gal/min: information on the date the leak was identified, 

the reason for the delay in repair, and the date the leak was 

repaired.

(4) Process Change. You must report each process change 

that affects a compliance determination and submit a new 

certification of compliance with the applicable requirements in 

accordance with the procedures specified in paragraph (b) of 

this section.

(5) Data for the Alternative Standard. If you comply with 

the alternative standard, as specified in Table 2 to this 

subpart or Table 3 to this subpart, report the information 

required in §63.1258(b)(5).

(6) Overlapping Rule Requirements. Report any changes in 
Page 41 of 80

the overlapping provisions with which you comply.

(7) Reactive and resinous materials. Report any transfer of 

liquids that are reactive or resinous materials, as defined in 

§63.11502(b), and not included in the NOCS.

(8) Malfunctions. If a malfunction occurred during the 

reporting period, the report must include the number of 

instances of malfunctions that caused emissions in excess of a 

standard. For each malfunction that caused emissions in excess 

of a standard, the report must include a list of the affected 

sources or equipment, an estimate of the volume of each 

regulated pollutant emitted over the standard, and a description 

of the method used to estimate the emissions. The report must 

also include a description of actions you took during a 

malfunction of an affected source to minimize emissions in 

accordance with §63.11495(d), including actions taken to correct 

a malfunction.

(e) Affirmative defense for violation of emission standards 

during malfunction. In response to an action to enforce the 

standards set forth in §§63.11495 through 63.11499, you may 

assert an affirmative defense to a claim for civil penalties for 

violations of such standards that are caused by malfunction, as 

defined at 40 CFR 63.2. Appropriate penalties may be assessed if 

you fail to meet your burden of proving all of the requirements 

in the affirmative defense. The affirmative defense shall not 
Page 42 of 80

available for claims for injunctive relief.

(1) To establish the affirmative defense in any action to 

enforce such a standard, you must timely meet the notification 

requirements in paragraph (e)(2) of this section, and must prove 

by a preponderance of evidence that:

(i) The violation:

(A) Was caused by a sudden, infrequent, and unavoidable 

failure of air pollution control equipment, process equipment, 

or a process to operate in a normal or usual manner; and

(B) Could not have been prevented through careful planning, 

proper design, or better operation and maintenance practices; 

and

(C) Did not stem from any activity or event that could have 

been foreseen and avoided, or planned for; and

(D) Was not part of a recurring pattern indicative of 

inadequate design, operation, or maintenance; and

(ii) Repairs were made as expeditiously as possible when a 

violation occurred. Off-shift and overtime labor were used, to 

the extent practicable to make these repairs; and

(iii) The frequency, amount, and duration of the violation 

(including any bypass) were minimized to the maximum extent 

practicable; and

(iv) If the violation resulted from a bypass of control 

equipment or a process, then the bypass was unavoidable to 
Page 43 of 80

prevent loss of life, personal injury, or severe property 

damage; and

(v) All possible steps were taken to minimize the impact of 

the violation on ambient air quality, the environment and human 

health; and

(vi) All emissions monitoring and control systems were kept 

in operation if at all possible, consistent with safety and good 

air pollution control practices; and

(vii) All of the actions in response to the violation were 

documented by properly signed, contemporaneous operating logs; 

and

(viii) At all times, the affected CMPU was operated in a 

manner consistent with good practices for minimizing emissions; 

and

(ix) A written root cause analysis has been prepared, the 

purpose of which is to determine, correct, and eliminate the 

primary causes of the malfunction and the violation resulting 

from the malfunction event at issue. The analysis must also 

specify, using best monitoring methods and engineering judgment, 

the amount of any emissions that were the result of the 

malfunction.

(2) Report. If you seek to assert an affirmative defense, 

you must submit a written report to the Administrator, with all 

necessary supporting documentation, that you have met the 
Page 44 of 80

requirements set forth in paragraph (e)(1) of this section. This 

affirmative defense report must be included in the first 

periodic compliance report, deviation report, or excess emission 

report otherwise required after the initial occurrence of the 

violation of the relevant standard (which may be the end of any 

applicable averaging period). If such compliance report, 

deviation report, or excess emission report is due less than 45 

days after the initial occurrence of the violation, the 

affirmative defense report may be included in the second 

compliance report, deviation report, or excess emission report 

due after the initial occurrence of the violation of the 

relevant standard.

Other Requirements and Information

§63.11502 What definitions apply to this subpart?

(a) The following terms used in this subpart have the 

meaning given them in the CAA, §63.2, subpart SS (§63.981), 

subpart WW (§63.1061), 40 CFR 60.111b, subpart F (§63.101), 

subpart G (§63.111), subpart FFFF (§63.2550), as specified after 

each term:

CAA (§63.2)

Article (40 CFR 372.3)

Administrator (§63.2)

Batch operation (§63.2550)

Boiler (§63.111)
Page 45 of 80

Bottoms receiver (§63.2550)

Closed-vent system (§63.981)

Combustion device (§63.111)

Commenced (§63.2)

Compliance date (§63.2)

Container (§63.111)

Continuous monitoring system (§63.2)

Continuous operation (§63.2550)

Control device (§63.111)

Distillation unit (§63.111)

Emission standard (§63.2)

EPA (§63.2)

Family of materials (§63.2550)

Fill or filling (§63.111)

Floating roof (§63.1061)

Fuel gas system (§63.981)

Halogen atoms (§63.2550)

Halogenated vent stream (§63.2550)

Halogens and hydrogen halides (§63.2550)

Hazardous air pollutant (§63.2)

Heat exchange system (§63.101)

Incinerator (§63.111)

Isolated intermediate (§63.2550)

Maintenance wastewater (§63.2550)
Page 46 of 80

Major source (§63.2)

Maximum true vapor pressure (§63.111)

Oil-water separator or organic-water separator (§63.111)

Operating permit (§63.101)

Owner or operator (§63.2)

Performance test (§63.2)

Permitting authority (§63.2)

Process condenser (§63.2550)

Process heater (§63.111)

Process tank (§63.2550)

Process wastewater (§63.101)

Reactor (§63.111)

Responsible official (§63.2)

State (§63.2)

Surge control vessel (§63.2550)

Supplemental gases (§63.2550)

Test method (§63.2)

Unit operation (§63.101)

(b) All other terms used in this subpart shall have the 

meaning given them in this section. If a term is defined in the 

CAA, §63.2, subpart SS (§63.981), subpart WW (§63.1061), 40 CFR 

60.111b, subpart F (§63.101), subpart G (§63.111), or subpart 

FFFF (§63.2550), and in this section, it shall have the meaning 

given in this section for purposes of this subpart.
Page 47 of 80

Affirmative defense means, in the context of an enforcement 

proceeding, a response or defense put forward by a defendant, 

regarding which the defendant has the burden of proof, and the 

merits of which are independently and objectively evaluated in a 

judicial or administrative proceeding.

Ancillary activities means boilers, incinerators, and 

process heaters not used to comply with the emission standards 

in §§63.11495 through 63.11500, chillers and other refrigeration 

systems, and other equipment and activities that are not 

directly involved (i.e., they operate within a closed system and 

materials are not combined with process fluids) in the 

processing of raw materials or the manufacturing of a product or 

intermediates used in the production of the product.

Batch process vent means a vent from a CMPU or vents from 

multiple CMPUs within a process that are manifolded together 

into a common header, through which a HAP-containing gas stream 

is, or has the potential to be, released to the atmosphere. 

Batch process vents include vents from batch operations and

vents with intermittent flow from continuous operations that are 

not combined with any stream that originated as a continuous gas 

stream from the same continuous process. Examples of batch 

process vents include, but are not limited to, vents on 

condensers used for product recovery, reactors, filters, 

centrifuges, and process tanks. The following are not batch 
Page 48 of 80

process vents for the purposes of this subpart:

(1) Continuous process vents;

(2) Bottoms receivers;

(3) Surge control vessels;

(4) Gaseous streams routed to a fuel gas system(s);

(5) A gas stream routed to other processes for reaction or 

other use in another process (i.e., for chemical value as a 

product, isolated intermediate, byproduct, or coproduct, or for 

heat value).

(6) Vents on storage tanks or wastewater systems;

(7) Drums, pails, and totes; and

(8) Emission streams from emission episodes that are 

undiluted and uncontrolled containing less than 50 ppmv HAP are 

not part of any batch process vent. The HAP concentration may be 

determined using any of the following: process knowledge, an 

engineering assessment, or test data.

Byproduct means a chemical (liquid, gas, or solid) that is 

produced coincidentally during the production of the product.

Chemical manufacturing process means all equipment which 

collectively functions to produce a product or isolated 

intermediate. A process includes, but is not limited to any, 

all, or a combination of reaction, recovery, separation, 

purification, or other activity, operation, manufacture, or 

treatment which are used to produce a product or isolated 
Page 49 of 80

intermediate. A process is also defined by the following:

(1) AllRoutine cleaning operations conducted as part of 

batch operations are considered part of the process;

(2) Each nondedicated solvent recovery operation is 

considered a single process;

(3) Each nondedicated formulation operation is considered a 

single process;

(4) Quality assurance/quality control laboratories are not 

considered part of any process;

(5) Ancillary activities are not considered a process or 

part of any process; and

(6) The end of a process that produces a solid material is 

either up to and including the dryer or extruder, or for a 

polymer production process without a dryer or extruder, it is up 

to and including the die plate or solid-state reactor, except in 

two cases. If the dryer, extruder, die plate, or solid-state 

reactor is followed by an operation that is designed and 

operated to remove HAP solvent or residual monomer from the 

solid, then the solvent removal operation is the last step in 

the process. If the dried solid is diluted or mixed with a HAPbased solvent, then the solvent removal operation is the last 

step in the process.

Continuous process vent means a “process vent” as defined 

in §63.101 in subpart F of this part, except:
Page 50 of 80

(1) The reference in §63.107(e) to a chemical manufacturing 

process unit that meets the criteria of §63.100(b) means a CMPU 

that meets the criteria of §63.11494(a) and (b);

(2) The reference in §63.107(h)(2) to subpart H means 

§63.11495(a) for the purposes of this subpart;

(3) The reference in §63.107(h)(4) to §63.113 means Tables 

2 and 3 to this subpart;

(4) The reference in §63.107(h)(7) to §63.119 means Table 5 

to this subpart, and the reference to §63.126 does not apply for 

the purposes of this subpart;

(5) The second sentence in the definition of “process vent” 

in §63.101 does not apply for the purposes of this subpart;

(6) The references to an “air oxidation reactor, 

distillation unit, or reactor” in §63.107 means any continuous 

operation for the purposes of this subpart;

(7) Section §63.107(h)(8) does not apply for the purposes 

of this subpart; and

(8) A separate determination is required for the emissions 

from each CMPU, even if emission streams from two or more CMPU 

are combined prior to discharge to the atmosphere or to a 

control device.

Co-Product means a chemical that is produced during the 

production of another chemical, both for their intended 

production.
Page 51 of 80

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 emissions 

limitation or management practice; or 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.

Engineering assessment means, but is not limited to, the 

following:

(1) Previous test results provided the tests are 

representative of current operating practices at the process 

unit.

(2) Bench-scale or pilot-scale test data representative of 

the process under representative operating conditions.

(3) Maximum flow rate, TOC emission rate, organic HAP

emission rate, metal HAP emission rate, or net heating value 

limit specified or implied within a permit limit applicable to 

the process vent.

(4) Design analysis based on accepted chemical engineering 

principles, measurable process parameters, or physical or 

chemical laws or properties. Examples of analytical methods 

include, but are not limited to:

(i) Use of material balances based on process stoichiometry 
Page 52 of 80

to estimate maximum organic HAP or metal HAP concentrations;

(ii) Estimation of maximum flow rate based on physical 

equipment design such as pump or blower capacities;

(iii) Estimation of TOC, organic HAP, or metal HAP 

concentrations based on saturation conditions; or

(iv) Estimation of maximum expected net heating value based 

on the vent stream concentration of each organic compound or, 

alternatively, as if all TOC in the vent stream were the 

compound with the highest heating value.

(5) All data, assumptions, and procedures used in the 

engineering assessment shall be documented.

Equipment means each pump, compressor, agitator, pressure 

relief device, sampling connection system, open-ended valve or 

line, valve, connector, and instrumentation system in or 

associated with a CMPU.

Family of materials means a grouping of materials that have 

the same basic composition or the same basic end use or 

functionality; are produced using the same basic feedstocks, the 

same manufacturing equipment configuration and in the same 

sequence of steps; and whose production results in emissions of 

the same Table 1 HAP at approximately the same rate per pound of 

product produced. Examples of families of materials include 

multiple grades of same product or different variations of a 

product (e.g., blue, black and red resins).
Page 53 of 80

Feedstock means any raw material, reactant, solvent, 

additive, or other material introduced to a CMPU.

Hazardous waste treatment, as used in the wastewater 

requirements, means treatment in any of the following units:

(1) A hazardous waste incinerator for which you have been 

issued a final permit under 40 CFR part 270 and comply with the 

requirements of 40 CFR part 264, subpart O, for which you have 

certified compliance with the interim status requirements of 40 

CFR part 265, subpart O, or for which you have submitted a 

Notification of Compliance under 40 CFR 63.1207(j) and comply 

with the requirements of 40 CFR part 63, subpart EEE at all 

times (including times when non-hazardous waste is being 

burned);

(2) A process heater or boiler for which you have been 

issued a final permit under 40 CFR part 270 and comply with the 

requirements of 40 CFR part 266, subpart H, for which you have 

certified compliance with the interim status requirements of 40 

CFR part 266, subpart H, or for which you have submitted a 

Notification of Compliance under 40 CFR 63.1207(j) and comply 

with the requirements of 40 CFR part 63, subpart EEE at all 

times (including times when non-hazardous waste is being 

burned); or

(3) An underground injection well for which you have been 

issued a final permit under 40 CFR part 270 or 40 CFR part 144 
Page 54 of 80

and comply with the requirements of 40 CFR part 122.

In metal HAP service means that a process vessel or piece 

of equipment either contains or contacts a feedstock, byproduct, 

or product that contains metal HAP. A process vessel is no 

longer in metal HAP service after the vessel has been emptied to 

the extent practicable (i.e., a vessel with liquid left on 

process vessel walls or as bottom clingage, but not in pools, 

due to floor irregularity, is considered completely empty) and 

any cleaning has been completed.

In organic HAP service means that a process vessel or piece 

of equipment either contains or contacts a feedstock, byproduct, 

or product that contains an organic HAP, excluding any organic 

HAP used in manual cleaning activities. A process vessel is no 

longer in organic HAP service after the vessel has been emptied 

to the extent practicable (i.e., a vessel with liquid left on 

process vessel walls or as bottom clingage, but not in pools, 

due to floor irregularity, is considered completely empty) and 

any cleaning has been completed.

In VOC service means that a process vessel or piece of 

equipment either contains or contacts a fluid that contains VOC.

Metal HAP means the compounds containing metals listed as 

HAP in section 112(b) of the CAA.

Metal HAP process vent means the point of discharge to the 

atmosphere (or inlet to a control device, if any) of a metal 
Page 55 of 80

HAP-containing gas stream from any CMPU at an affected source

containing at least 50 ppmv metal HAP. The metal HAP 

concentration may be determined using any of the following: 

process knowledge, an engineering assessment, or test data.

Organic HAP means any organic HAP listed in section 112(b) 

of the CAA. For the purposes of requirements in this subpart 

VVVVVV, hydrazine is to be considered an organic HAP.

Process vessel means each vessel, except hand-held 

containers, used in the processing of raw materials to chemical 

products. Examples include, but are not limited to reactors, 

distillation units, centrifuges, mixing vessels, and process 

tanks.

Point of determination means “point of determination” as 

defined in §63.111 in subpart G of this part, except:

(1) The reference to Table 8 or Table 9 compounds means 

Table 9 (subpart G) or Table 7 (subpart VVVVVV) compounds; 

(2) The reference to “as determined in §63.144 of this 

subpart” does not apply for the purposes of this subpart; and

(3) The point of determination is made at the point where 

the stream exits the CMPU. If a recovery device is used, the 

point of determination is after the last recovery device.

Product means a compound or chemical which is manufactured 

as the intended product of the CMPU. Products include coproducts. By-products, isolated intermediates, impurities, 
Page 56 of 80

wastes, and trace contaminants are not considered products.

Reactive material means energetics, organic peroxides, and 

unstable chemicals such as chemicals that react violently with 

water and chemicals that vigorously polymerize, decompose, or 

become self-reactive under conditions of pressure or 

temperature.

Recovery device means an individual unit of equipment 

capable of and normally used for the purpose of recovering 

organic chemicals or metal-containing chemicals for fuel value 

(i.e., net positive heating value), use, reuse, or for sale for 

fuel value, use, or reuse. Examples of equipment that may be 

recovery devices include absorbers, carbon adsorbers, 

condensers, oil-water separators or organic-water separators, or 

organic removal devices such as decanters, strippers, or thinfilm evaporation units.

Resinous material means a viscous, high-boiling point 

material resembling pitch or tar, such as plastic resin, that 

sticks to or hardens in the fill pipe under normal transfer 

conditions.

Shutdown, for a unit operation with a continuous process 

vent, means the cessation of the unit operation for any purpose. 

Shutdown begins with the initiation of steps as described in a 

written standard operating procedures (SOP) or shutdown plan to 

cease normal/stable operation (e.g., reducing or immediately 
Page 57 of 80

stopping feed).

Startup, for a unit operation with a continuous process 

vent, means the setting in operation of the unit for any 

purpose. The period of startup ends upon completion of the 

transient, non-equilibrium step at the time operating conditions 

reach steady state for operating parameters such as temperature, 

pressure, composition, feed rate, and production rate. Periods 

of startup described by SOP manuals at the affected source may 

be used to determine the period of startup.

Storage tank means a tank or other vessel that is used to 

store liquids that contain organic HAP and that are part of a 

CMPU subject to this subpart VVVVVV. The following are not 

considered storage tanks for the purposes of this subpart:

(1) Vessels permanently attached to motor vehicles such as 

trucks, railcars, barges, or ships;

(2) Pressure vessels designed to operate in excess of 

204.9 kilopascals (kPa) and without emissions to the atmosphere; 

(3) Process tanks;

(4) Tanks storing organic liquids containing HAP only as 

impurities;

(5) Surge control vessels; 

(6) Bottoms receivers; and

(7) Wastewater storage tanks.

Transfer operations means all product loading into tank 
Page 58 of 80

trucks and rail cars of liquid containing organic HAP from a 

transfer rack. Transfer operations do not include the loading to 

other types of containers such as cans, drums, and totes.

Transfer rack means the system used to load organic liquids 

into tank trucks and railcars at a single geographic site. It 

includes all loading arms, pumps, meters, shutoff valves, relief 

valves, and other piping and equipment necessary for the 

transfer operation. Transfer equipment that are physically 

separate (i.e., do not share common piping, valves, and other 

equipment) are considered to be separate transfer racks.

Uncontrolled emissions means organic HAP process vent 

emissions or metal HAP process vent emissions, as applicable, at 

the outlet of the last recovery device, if any, and prior to any 

control device. In the absence of both recovery devices and 

control devices, uncontrolled emissions are the emissions 

discharged to the atmosphere.

Wastewater means water that is discarded from a CMPU or 

control device and that contains at least 5 ppmw of any HAP 

listed in Table 9 to 40 CFR part 63, subpart G and has an annual 

average flow rate of 0.02 liters per minute. Wastewater means 

both process wastewater and maintenance wastewater that is 

discarded from a CMPU or control device. The following are not 

considered wastewater for the purposes of this subpart:

(1) Stormwater from segregated sewers;
Page 59 of 80

(2) Water from fire-fighting and deluge systems, including 

testing of such systems;

(3) Spills;

(4) Water from safety showers;

(5) Samples of a size not greater than reasonably 

necessary for the method of analysis that is used;

(6) Equipment leaks;

(7) Wastewater drips from procedures such as disconnecting 

hoses after cleaning lines; and

(8) Noncontact cooling water.

Wastewater stream means a single point discharge of 

wastewater from a CMPU or control device.

Wastewater treatment means chemical, biological, and 

mechanical procedures applied to wastewater to remove or reduce 

HAP or other chemical constituents. 

§63.11503 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the 

U.S. EPA or a delegated authority such as a State, local, or 

tribal agency. If the U.S. EPA Administrator has delegated 

authority to a State, local, or tribal agency pursuant to 40 CFR 

part 63, subpart E, then that Agency has the authority to 

implement and enforce this subpart. You should contact your U.S. 

EPA Regional Office to find out if this subpart is delegated to 

a State, local, or tribal agency within your State.
Page 60 of 80

(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 approval authorities contained in 

paragraphs (b)(1) through (4) of this section are retained by 

the Administrator of the U.S. EPA and are not transferred to the 

State, local, or tribal agency.

(1) Approval of an alternative non-opacity emissions 

standard under §63.6(g).

(2) Approval of a major change to a test method. A “major 

change to test method” is defined in §63.90.

(3) Approval of a major change to monitoring under 

§63.8(f). A “major change to monitoring” is defined in §63.90.

(4) Approval of a major change to recordkeeping/reporting 

under §63.10(f). A “major change to recordkeeping/reporting” is 

defined in §63.90.
Page 61 of 80

Tables to Subpart VVVVVV of Part 63

Table 1 to Subpart VVVVVV of Part 63-Hazardous Air Pollutants 

Used to Determine Applicability of Chemical Manufacturing 

Operations 

As required in §63.11494(a), chemical manufacturing 

operations that process, use, or produce the HAP shown in the 

following table are subject to subpart VVVVVV.

Type of HAP Chemical name CAS No.

1. Organic

compounds

a. 1,3-butadiene 106990

b. 1,3-dichloropropene 542756

c. Acetaldehyde 75070

d. Chloroform 67663

e. Ethylene dichloride 107062

f. Hexachlorobenzene 118741

g. Methylene chloride 75092

h. Quinoline 91225

2. Metal

compounds

a. Arsenic compounds

b. Cadmium compounds

c. Chromium compounds

d. Lead compounds

e. Manganese compounds

f. Nickel compounds

3. Others a. Hydrazine 302012

Table 2 to Subpart VVVVVV of Part 63—Emission Limits and 

Compliance Requirements for Batch Process Vents

As required in §63.11496, you must comply with the 

requirements for batch process vents as shown in the following 

table.

For... You must... Except...

1. Batch 

process vents 

in a CMPU at an 

existing source 

for which the 

total organic 

HAP emissions 

are equal to or 

greater than 

10,000 lb/yr

a. Reduce collective 

uncontrolled total 

organic HAP emissions 

from the sum of all 

batch process vents by 

≥85 percent by weight 

or to ≤20 ppmv by 

routing emissions from 

a sufficient number of 

the batch process 

i. Compliance 

maybe based on 

either total 

organic HAP or 

total organic 

carbon (TOC); and

ii. As specified 

in §63.11496(g).
Page 62 of 80

vents through a closed 

vent system to any 

combination of control 

devices (except a 

flare) in accordance 

with the requirements 

of §63.982(c) and the 

requirements 

referenced therein; or 

b. Route emissions 

from batch process 

vents containing at 

least 85 percent of 

the uncontrolled total 

organic HAP through a 

closed-vent system to 

a flare (except that a 

flare may not be used 

to control halogenated 

vent streams) in 

accordance with the 

requirements of 

63.982(b) and the 

requirements 

referenced therein; or

i. Not applicable.

c. Comply with the 

alternative standard 

specified in §63.2505 

and the requirements 

referenced therein; or

i. As specified in 

§63.11496(e) of 

this subpart.

d. Comply with 

combinations of the 

requirements in Items 

a., b., and c. of this 

Table for different 

groups of batch 

process vents.

i. The information 

specified above 

for Items a., b., 

and c., as 

applicable.

2. Batch 

process vents 

in a CMPU at a 

new source for

which the total 

organic HAP 

emissions are 

equal to or 

greater than 

10,000 lb/yr

a. Comply with any of 

the emission limits in 

Items 1.a through 1.d 

of this Table, except 

90-percent reduction 

applies instead of 85 

percent reduction in 

Item 1.a, and 90 

percent of the 

emissions must be 

i. The information 

specified above 

for Items 1.a., 

1.b., 1.c. and 

1.d, as 

applicable.
Page 63 of 80

routed to a flare 

instead of 85 percent 

in Item 1.b.

3. Halogenated 

batch process 

vent stream at 

a new or 

existing source 

that is 

controlled 

through 

combustion 

a. Comply with the 

requirements for 

halogen scrubbers 

in §63.11496(d).

Table 3 to Subpart VVVVVV of Part 63—Emission Limits and 

Compliance Requirements for Continuous Process Vents

As required in §63.11496, you must comply with the 

requirements for continuous process vents as shown in the 

following table.

For... You must... Except...

1. Each 

continuous 

process vent 

with a TRE ≤1.0

a. Reduce emissions of 

total organic HAP by 

≥95 percent by weight 

(≥85 percent by weight 

for periods of startup 

or shutdown) or to ≤20 

ppmv by routing 

emissions through a 

closed vent system to 

any combination of 

control devices 

(except a flare) in 

accordance with the 

requirements of 

§63.982(c)(2) and the 

requirements 

referenced therein; or

i. Compliance may 

be based on 

either total 

organic HAP or 

TOC; and

ii. As specified 

in §63.11496(g).

b. Reduce emissions of 

total organic by HAP 

by routing all 

emissions through a 

closed-vent system to 

a flare (except that a 

flare may not be used 

to control halogenated 

i. Not 

applicable.
Page 64 of 80

vent streams) in 

accordance with the 

requirements of 

§63.982(b) and the 

requirements 

referenced therein, or

c. Comply with the 

alternative standard 

specified in §63.2505 

and the requirements 

referenced therein. 

i. As specified 

in §63.11496(e).

2. Halogenated 

vent stream that 

is controlled 

through 

combustion 

a. Comply with the 

requirements for 

halogen scrubbers in 

§63.11496(d).

3. Each 

continuous 

process vent 

with a TRE >1.0 

but ≤4.0

a. Comply with the 

requirements of 

§63.982(e) and the 

requirements specified 

therein if a recovery 

device, as defined in 

§63.11502, is used to 

maintain a TRE >1.0 

but ≤4.0.

Table 4 to Subpart VVVVVV of Part 63—Emission Limits and 

Compliance Requirements for Metal HAP Process Vents

As required in §63.11496(f), you must comply with the 

requirements for metal HAP process vents as shown in the 

following table.

For... You must... Except...

Each CMPU with 

total metal 

HAP emissions 

≥400 lb/yr

Reduce collective 

uncontrolled emissions of 

total metal HAP emissions 

by ≥95 percent by weight 

by routing emissions from 

a sufficient number of 

the metal process vents 

through a closed-vent 

system to any combination 

of control devices, 

according to the 

Not Applicable.
Page 65 of 80

requirements of 

§63.11496(f)(3), (4), or 

(5).

Table 5 to Subpart VVVVVV of part 63—Emission Limits and 

Compliance Requirements for Storage Tanks

As required in §63.11497, you must comply with the 

requirements for storage tanks as shown in the following table.

For each... You must... Except...

1. Storage tank 

with a design 

capacity 

≥40,000 

gallons, 

storing liquid 

that contains 

organic HAP 

listed in Table 

1 to this 

subpart, and 

for which the 

maximum true 

vapor pressure 

(MTVP) of total 

organic HAP at 

the storage 

temperature is 

≥5.2 kPa and 

<76.6 kPa.

a. Comply with the 

requirements of 

subpart WW of this 

part; 

i. All required seals 

must be installed by 

the compliance date 

in §63.11494.

b. Reduce total 

organic HAP 

emissions by ≥95 

percent by weight by 

operating and 

maintaining a 

closed-vent system

and control device 

(other than a flare) 

in accordance with 

§63.982(c)(1); or

i. Compliance may be 

based on either total 

organic HAP or TOC;

ii. Comply with the 

management practice 

inspection 

requirements in 

§63.11495 for the 

closed-vent system;

iii. When the term 

storage vessel is 

used in subpart SS of 

this part, the term 

storage tank, surge 

control vessel, or 
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bottoms receiver, as 

defined in §63.11502 

of this subpart, 

applies; and

iiiiv. The 

requirements do not 

apply during periods 

of planned routine 

maintenance of the 

control device, as 

specified in 

§63.11497(b).

c. Reduce total HAP 

emissions by 

operating and 

maintaining a 

closed-vent system 

and a flare in 

accordance with 

§63.982(b); or

i. The requirements 

do not apply during 

periods of planned 

routine maintenance 

of the flare, as 

specified in 

§63.11497(b); and

ii. When the term 

storage vessel is 

used in subpart SS of 

this part, it means 

storage tank, surge 

control vessel, or 

bottoms receiver, as 

defined in §63.11502 

of this subpart.

d. Vapor balance in

accordance with 

§63.2470(e); or

i. To comply with 

§63.1253(f)(6)(i), 

the owner or operator 

of an offsite 

cleaning or reloading 

facility must comply 

with §63.11494 and 

§63.11502 instead of 

complying with 

§63.1253(f)(7)(ii), 

except as specified 

in item 1.d.ii and 

1.2.iii of this 

tableNot applicable.

ii. The reporting 

requirements in 

§63.11501 do not 

apply to the owner or 

operator of the 
Page 67 of 80

offsite cleaning or 

reloading facility.

iii. As an 

alternative to 

complying with the 

monitoring, 

recordkeeping, and 

reporting provisions 

in §§63.11494 through 

63.11502, the owner 

or operator of an 

offsite cleaning or 

reloading facility 

may comply as 

specified in 

§63.11500 with any 

other subpart of this 

part 63 which has 

monitoring, 

recordkeeping, and 

reporting provisions 

as specified in 

§63.11500.

e. Route emissions 

to a fuel gas system 

or process in 

accordance with the 

requirements in 

§63.982(d) and the 

requirements 

referenced therein.

i. When the term 

storage vessel is 

used in subpart SS of 

this part, it means 

storage tank, surge 

control vessel, or 

bottoms receiver, as 

defined in §63.11502.

2. Storage tank 

with a design 

capacity 

≥20,000 gallons 

and <40,000 

gallons, 

storing liquid 

that contains 

organic HAP 

listed in Table 

1 to this 

subpart, and 

for which the 

MTVP of total 

organic HAP at 

the storage 

a. Comply with one 

of the options in 

Item 1 of this 

table.

i. The information 

specified above for 

Items 1.a., 1.b., 

1.c., 1.d, and 1.e, 

as applicable.
Page 68 of 80

temperature is 

≥27.6 kPa and 

<76.6 kPa.

3. Storage tank 

with a design 

capacity

≥20,000 

gallons, 

storing liquid 

that contains 

organic HAP 

listed in Table 

1 to this 

subpart, and 

for which the 

MTVP of total 

organic HAP at 

the storage 

temperature is 

≥76.6 kPa.

a. Comply with 

option b, c, d, or e 

in Item 1 of this 

table.

i. The information 

specified above for 

Items 1.b., 1.c., 

1.d, and 1.e, as 

applicable.

4. Storage tank 

described by 

Item 1, 2, or 3 

in this table 

and emitting a 

halogenated 

vent stream 

that is 

controlled with 

a combustion 

device.

a. Reduce emissions 

of hydrogen halide 

and halogen HAP by 

≥95 percent by 

weight, or to ≤0.45 

kg/hr, or to ≤20 

ppmv by using a 

halogen reduction 

device after the 

combustion device 

according to the 

requirements in 

§63.11496(d); or

b. Reduce the 

halogen atom mass 

emission rate to 

≤0.45 kg/hr or to 

≤20 ppmv by using a 

halogen reduction 

device before the 

combustion device 

according to the 

requirements in 

§63.11496(d).

Table 6 to Subpart VVVVVV of part 63—Emission Limits and 
Page 69 of 80

Compliance Requirements for Wastewater Systems

As required in §63.11498, you must comply with the 

requirements for wastewater systems as shown in the following 

table.

For each... You must... And you must...

1. Wastewater 

stream

a. Discharge to 

onsite or offsite 

wastewater treatment 

or hazardous waste 

treatment.

i. Maintain records 

identifying each 

wastewater stream and 

documenting the type 

of treatment that it 

receives. Multiple 

wastewater streams 

with similar 

characteristics and 

from the same type of 

activity in a CMPU 

may be grouped 

together for 

recordkeeping 

purposes.

2. Wastewater 

stream 

containing 

partially 

soluble HAP at 

a 

concentration 

≥10,000 ppmw 

and separate 

organic and 

water phases 

a. Use a decanter, 

steam stripper, thin 

film evaporator, or 

distillation unit to 

separate the water 

phase from the 

organic phase(s); or

i. For the water 

phase, comply with 

the requirements in 

Item 1 of this table, 

and

ii. For the organic 

phase(s), recycle to 

a process, use as 

fuel, or dispose as 

hazardous waste 

either onsite or 

offsite, and

iii. Keep records of 

the wastewater 

streams subject to 

this requirement and 

the disposition of 

the organic phase(s).

b. Hard pipe the 

entire wastewater 

stream to onsite 

treatment as a 

hazardous waste, or 

hard pipe the entire 

wastewater stream to 

i. Keep records of 

the wastewater 

streams subject to 

this requirement and 

the disposition of 

the wastewater 

streams.
Page 70 of 80

a point of transfer 

to onsite orfor

offsite treatment as 

a hazardous waste

treatment.

Table 7 to Subpart VVVVVV of Part 63—Partially Soluble HAP

As required in §63.11498(a), you must comply with emission 

limits for wastewater streams that contain the partially soluble 

HAP listed in the following table.

Partially Soluble HAP Name CAS No.

1. 1,1,1-Trichloroethane (methyl chloroform) 71556

2. 1,1,2,2-Tetrachloroethane 79345

3. 1,1,2-Trichloroethane 79005

4. 1,1-Dichloroethylene (vinylidene chloride) 75354

5. 1,2-Dibromoethane 106934

6. 1,2-Dichloroethane (ethylene dichloride) 107062

7. 1,2-Dichloropropane 78875

8. 1,3-Dichloropropene 542756

9. 2,4,5-Trichlorophenol 95954

10. 1,4-Dichlorobenzene 106467

11. 2-Nitropropane 79469

12. 4-Methyl-2-pentanone (MIBK) 108101

13. Acetaldehyde 75070

14. Acrolein 107028

15. Acrylonitrile 107131

16. Allyl chloride 107051

17. Benzene 71432

18. Benzyl chloride 100447

19. Biphenyl 92524

20. Bromoform (tribromomethane) 75252

21. Bromomethane 74839

22. Butadiene 106990

23. Carbon disulfide 75150

24. Chlorobenzene 108907

25. Chloroethane (ethyl chloride) 75003

26. Chloroform 67663

27. Chloromethane 74873

28. Chloroprene 126998

29. Cumene 98828

30. Dichloroethyl ether 111444

31. Dinitrophenol 51285

32. Epichlorohydrin 106898
Page 71 of 80

33. Ethyl acrylate 140885

34. Ethylbenzene 100414

35. Ethylene oxide 75218

36. Ethylidene dichloride 75343

37. Hexachlorobenzene 118741

38. Hexachlorobutadiene 87683

39. Hexachloroethane 67721

40. Methyl methacrylate 80626

41. Methyl-t-butyl ether 1634044

42. Methylene chloride 75092

43. N-hexane 110543

44. N,N-dimethylaniline 121697

45. Naphthalene 91203

46. Phosgene 75445

47. Propionaldehyde 123386

48. Propylene oxide 75569

49. Styrene 100425

50. Tetrachloroethylene (perchloroethylene) 127184

51. Tetrachloromethane (carbon tetrachloride) 56235

52. Toluene 108883

53. Trichlorobenzene (1,2,4-) 120821

54. Trichloroethylene 79016

55. Trimethylpentane 540841

56. Vinyl acetate 108054

57. Vinyl chloride 75014

58. Xylene (m) 108383

59. Xylene (o) 95476

60. Xylene (p) 106423

Table 8 to Subpart VVVVVV of Part 63-Emission Limits and 

Compliance Requirements for Heat Exchange Systems

As required in §63.11499, you must comply with the 

requirements for heat exchange systems as shown in the following 

table.

For... You must... Except...

1. Each heat 

exchange 

system with a 

cooling water 

flow rate 

≥8,000 gal/min 

and not 

meeting one or 

a. Comply with the 

monitoring 

requirements in 

§63.104(c), the leak 

repair requirements 

in §63.104(d) and 

(e), and the 

recordkeeping and 

i. The reference to 

monthly monitoring for

the first 6 months in 

§63.104(b)(1) and

(c)(1)(iii) does not 

apply. Monitoring shall 

be no less frequent than 

quarterly;
Page 72 of 80

more of the 

conditions in 

§63.104(a)

reporting 

requirements in 

§63.104(f); or

ii. The reference in 

§63.104(f)(1) to record 

retention requirements 

in §63.103(c)(1) does 

not apply. Records must 

be retained as specified 

in §§63.10(b)(1) and 

63.11501(c); and

iii. The reference in 

§63.104(f)(2) to “the 

next semi-annual 

periodic report required 

by §63.152(c)” means the 

next semi-annual 

compliance report 

required by 

§63.11501(f).

b. Comply with the 

heat exchange system

requirements in 

§63.104(b) and the 

requirements 

referenced therein.

i. Not applicable.

Table 9 to Subpart VVVVVV of Part 63—Applicability of General 

Provisions to Subpart VVVVVV

As required in §63.11501(a), you must comply with the 

requirements of the NESHAP General Provisions (40 CFR part 63, 

subpart A) as shown in the following table.

Citation Subject Applies 

to 

Subpart 

VVVVVV?

Explanation

63.1(a)(1), 

(a)(2), (a)(3), 

(a)(4), (a)(6), 

(a)(10)-(a)(12) 

(b)(1), (b)(3), 

(c)(1), (c)(2), 

(c)(5), (e) 

Applicability Yes

63.1(a)(5), 

(a)(7)-(a)(9), 

(b)(2), (c)(3), 

(c)(4), (d)

Reserved No
Page 73 of 80

63.2 Definitions Yes

63.3 Units and 

Abbreviations

Yes

63.4 Prohibited 

Activities and 

Circumvention

Yes

63.5 Preconstruction 

Review and 

Notification 

Requirements

Yes

63.6(a), (b)(1)-

(b)(5), (b)(7), 

(c)(1), (c)(2), 

(c)(5), 

(e)(1)(iii), (g), 

(i), (j)

Compliance with 

Standards and 

Maintenance 

Requirements

Yes

63.6(b)(6), 

(c)(3), (c)(4), 

(d), (h)(3), 

(h)(5)(iv) 

Reserved No

63.6 (e)(1)(i) 

and (ii), (e)(3), 

and (f)(1)

SSM 

Requirements

No See 

§63.11495(d) 

for general 

duty 

requirement.

63.6(h)(1)-

(h)(4), 

(h)(5)(i)-

(h)(5)(iii), 

(h)(6)-(h)(9)

No Subpart VVVVVV 

does not 

include opacity 

or visible 

emissions (VE) 

standards or 

require a 

continuous 

opacity 

monitoring 

system (COMS).

63.7(a)(1), 

(a)(3), (a)(4), 

(c), (e)(4), and 

(f)-(h)

Performance 

Testing 

Requirements

Yes

63.7(a)(2), (b), 

(d), (e)(2)—

(e)(1)–(3)

Performance 

Testing 

Schedule, 

Notification of 

Performance 

Test, 

Performance 

Yes/No Requirements 

apply if 

conducting test 

for metal HAP 

control; 

requirements in 

§§63.997(c)(1), 
Page 74 of 80

Testing 

Facilities, and 

Conduct of

Performance 

Tests

(d), (e), and 

63.999(a)(1) 

apply, as 

referenced in 

§63.11496(g), 

if conducting 

test for 

organic HAP or 

hydrogen halide 

and halogen HAP 

control device.

63.7(e)(1) Performance 

Testing

No See 

§63.11496(f)(3)

(ii) if 

conducting a 

test for metal 

HAP emissions. 

See 

§§63.11496(g) 

and 

63.997(e)(1) if 

conducting a 

test for 

continuous 

process vents 

or for hydrogen 

halide and 

halogen 

emissions. See 

§§63.11496(g) 

and 63.2460(c) 

if conducting a 

test for batch 

process vents.

63.8(a)(1), 

(a)(4), (b), 

(c)(1)(ii), 

(c)(2)-(c)(3), 

(f)(1)-(5)

Monitoring 

Requirements

Yes References to 

SSM in §63.8(c) 

do not apply.

63.8(c)(1)(i) General Duty to 

Minimize 

Emissions and 

CMS Operation

No

63.8(c)(1)(iii) Requirement to 

Develop SSM 

Plan for CMS

No

63.8(a)(2) Monitoring No
Page 75 of 80

Requirements

63.8(a)(3) Reserved No

63.8(c)(4) YesNo Only for CEMS. 

Continuous 

parameter 

monitoring 

system (CPMS)

requirements in 

40 CFR part 63, 

subparts SS and 

FFFF are 

referenced from 

§63.11496.

Requirements 

for COMS do not 

apply because 

subpart VVVVVV 

does not 

require COMS.

63.8(c)(5) No Subpart VVVVVV 

does not 

require COMS.

63.8(c)(6)-

(c)(8), (d)(1)-

(d)(2), (e), 

(f)(6)

Yes Requirements 

apply only if 

you use a 

continuous 

emission 

monitoring 

system (CEMS) 

to demonstrate 

compliance with 

the alternative 

standard in 

§63.11496(e).

References to 

SSM in §63.8(d) 

do not apply.

63.8(d)(3) Written 

Procedures for 

CMS

Yes Requirement 

applies except 

for last 

sentence, which 

refers to an 

SSM plan. SSM 

plans are not 

required.

63.8(g)(1)-(g)(4) Yes Data reduction 

requirements 
Page 76 of 80

apply only if 

you use CEMS to 

demonstrate 

compliance with 

alternative 

standard in 

§63.11496(e). 

COMS 

requirements do 

not apply. 

Requirement in 

§63.8(g)(2) 

does not apply 

because data 

reduction for 

CEMS are 

specified in 40 

CFR part 63, 

subpart FFFF.

63.8(g)(5) No Data reduction 

requirements 

for CEMS are 

specified in 

§63.2450(j)(4),

40 CFR part 63, 

subpart FFFF,

as referenced 

from §63.11496. 

CPMS 

requirements 

are specified 

in 40 CFR part 

63, subparts SS

and FFFF, as 

referenced from 

§63.11496.

63.9(a), (b)(1), 

(b)(2), (b)(4), 

(b)(5), (c), (d), 

(e), (i)

Notification 

Requirements

Yes

63.9(b)(3), 

(h)(4)

Reserved No

63.9(f) No Subpart VVVVVV 

does not 

contain opacity 

or VE limits.

63.9(g) Yes Additional 
Page 77 of 80

notification 

requirement 

applies only if 

you use CEMS to 

demonstrate 

compliance with 

alternative 

standard in 

§63.11496(e).

63.9(h)(1)-

(h)(3), (h)(5)-

(h)(6)

Yes Except subpart 

VVVVVV does not 

contain opacity 

or VE limits.

63.9(i) Yes

63.9(j) Change in 

Information 

Already 

Provided

No Notification of 

process changes 

that affect a 

compliance 

determination 

are required in 

§63.11501(d)(4)

.

63.10(a) Recordkeeping 

Requirements

Yes

63.10(b)(1) Yes

63.10(b)(2)(i)-

(b)(2)(v)

Recordkeeping 

of Occurrence 

and Duration of 

Startups and 

Shutdowns

NoYes See 

§63.11501(c)(8) 

for 

recordkeeping 

of occurrence 

and duration of 

each startup 

and shutdown 

for continuous 

process vents 

that are 

subpart to 

Table 3 to this 

subpart.Any 

references to 

SSM do not 

apply.

63.10(b)(2)(ii) Recordkeeping 

of Malfunctions

No See 

§63.11501(c)(1)

(vii) and 

(viii) for 

recordkeeping 
Page 78 of 80

of (1) date, 

time, duration, 

and volume of 

excess 

emissions and 

(2) actions 

taken during 

malfunction.

63.10(b)(2)(iii) Maintenance 

Records

Yes

63.10(b)(2)(iv) 

and (v)

Actions Taken 

to Minimize 

Emissions 

During SSM

No

63.10(b)(2)(vi), 

(x), (xi), (xiii)

Yes Apply only if 

you use CEMS to 

demonstrate 

compliance with 

alternative 

standard in 

§63.11496(e).

63.10(b)(2)(vii)-

(b)(2)(ix), 

(b)(2)(xii), 

(b)(2)(xiv)

Yes

63.10(b)(3) Yes

63.10(c)(1), 

(c)(5)-(c)(6), 

(c)(13)-(c)(14)

Yes Apply only if 

you use CEMS to 

demonstrate 

compliance with 

alternative 

standard in 

§63.11496(e).

63.10(c)(7)-(8) Additional 

Recordkeeping 

Requirements 

for CMS –

Identifying 

Exceedances and 

Excess 

Emissions

Yes

63.10(c)(7)-

(c)(8), (c)(10)-

(c)(12), (c)(15)

Recordkeeping 

Nature and 

Cause of 

Malfunctions

NoYes See 

§63.11501(c)(1)

(vii) and 

(viii) for 

malfunctions 

recordkeeping 
Page 79 of 80

requirements.An

y reference to 

SSM does not 

apply.

63.10(c)(11) Recording 

Corrective 

Actions

No See 

§63.11501(c)(1)

(vii) and 

(viii) for 

malfunctions 

recordkeeping 

requirements.

63.10(c)(12) Yes

63.10(c)(15) Use of SSM Plan No

63.10(c)(2)-

(c)(4), (c)(9) 

Reserved No

63.10(d)(1), 

(d)(2), (d)(4), 

(e)(1), (e)(2), 

(f)

Reporting 

Requirements

Yes

63.10(d)(3) No Subpart VVVVVV 

does not 

include opacity 

or VE limits.

63.10(d)(5) SSM Reports No See 

§63.11501(d)(8) 

for reporting 

requirements 

for 

malfunctions.

63.10(e)(1)-

(e)(2)

Yes Apply only if 

you use CEMS to 

demonstrate 

compliance with 

alternative 

standard in 

§63.11496(e).

63.10(e)(3) Yes

63.10(e)(4) No Subpart VVVVVV 

does not

include opacity 

or VE limits.

63.11 Control Device 

Requirements

Yes

63.12 State 

Authorities and 

Delegations

Yes

63.13 Addresses Yes
Page 80 of 80

63.14 Incorporations 

by Reference

Yes

63.15 Availability of 

Information and 

Confidentiality

Yes

63.16 Performance 

Track 

Provisions

Yes