FORM A Page 1 

Grain Elevator Survey

FORM A – General Information

A-1 Facility Name: 

A-2 (a) Facility Street Address: 

(b) Suite or P.O (specify): (c) City: 

(d) State: (e) Zip Code: (f) County: 

A-3 (a) Facility Manager: (b) Phone: 

A-4 (a) Technical contact (for information on this survey): 

(b) Title: (c) Telephone Number: 

(d) Email Address: 

A-5 Number of full-time employees at this location (total for all shifts): 

A-6 Number of seasonal employees at this location (total for all shifts): 

A-7 (a) Parent Company/ Co-Op: 

 (b) Is this a co-op? (check one) Yes No 

(c) Parent Company/ Co-Op Main Office Street Address: 

 

(d) Suite or P.O. (specify): (e) City: 

(f) State: (g) Zip Code: 

A-8 Number of full-time employees within all business units of the Parent Company: 

 (please check one): < 100 101- 249 250- 499 > 500 

A-9 Number of seasonal employees within all business units of the Parent Company 

 (please check one): < 100 101- 249 250- 499 > 500 

FACILITY ID: 

FACID:

(First 4 letters of company name plus first 

4 letters of city name. If not unique 

identifier, add number at end of ID) 

ARCHQUIN Archer Daniels Midland Quincy 2100 Gardner Expressway Quincy IL 62301 Adams Jim Starling (217) 221-0346 Jeremy Allen Production Engineer (217) 221-0321 Jeremy.Allen@adm.com 13015 Archer Daniels Midland Company ■

4666 Faries Parkway

Decatur IL 62526 ■

■
FORM B - Storage Information 

(B-1) FACID: 

FORM B Page 1 

B-2 In what year was this facility first constructed? 

B-3 Total number of storage units: (a) "permanent" storage 

 (b) "temporary" storage 

 (c) "emergency" storage 

[Note: In completing the remainder of the survey, you will be able to group information for similar 

storage units. See B-4 for example.]

B-4 Please provide an overview flow diagram (or block flow diagram) of the grain elevator(s) at 

your facility. Please include permanent (P), temporary (T), and emergency (E) storage units, 

associated receiving (R) and shipping (S) units, and grain dryers (D). 

o Permanent Storage ID: use your current designation or assign a numerical value. If assigning 

an ID, please use “P-1, P-2, etc” format. You may group multiple storage units into one 

permanent storage ID; if not readily apparent, please provide explanations on the back of this 

sheet or indicate in your elevator diagram. 

o Temporary Storage ID: use your current designation or assign a numerical value. If assigning 

a new ID, please use “T-1, T-2” format. 

o Emergency Storage ID: use your current designation or assign a numerical value. If assigning 

a new ID, please use “E-1, E-2” format. 

o Receiving Units ID: use your current designation or assign a numerical value. If assigning an 

ID, please use “R-1, R-2” format. 

o Shipping Units ID: use your current designation or assign a numerical value. If assigning an 

ID, please use “S-1, S-2” format. 

o Grain Dryer ID: use your current designation or assign a numerical value. If assigning an ID, 

please use “D-1, D-2” format. 

o Capacity: please provide capacity in bushels. Do not use a pack factor. 

ARCHQUIN 1957 5

1

0
P1

R2

R4

P4

T1

P5

 To Processing 

R1

R7

R9

APCD-3

APCD-4

APCD-2

APCD-7APCD-8

R19

APCD-9

P3

R14

R6

P2

APCD-5

APCD-6

 R8 

R10

R11

R16

R5

R17 R18

R15

R

3

R12

R20 

S1

APCD-10

Barge Load Out (Not on location but under facility’s Title V Permit) 

R13 

R3

Barge 

Dump 

Rail 

Dump 

West Annex

Truck Dump 

Moorman 

Truck Dump 

East and West 

Truck Dumps 
FORM B 

Please check one: This page includes CBI □ This page does NOT include CBI [If no box is checked, EPA will assume that the page does NOT contain CBI]

FORM B – Storage Information 

(B-1) FACID: B-5. Please complete the following table for storage information. An example is provided. 

2005 2006 

Storage Type 

(P, T, E) 

Storage 

ID 

Year First 

Used 

Storage 

Capacity 

(Bushels)2

Grain 

Stored1 Through-put (actual bushels)2 Weeks per year utilized Through-put (actual bushels)2 Weeks per year utilized T

(ac

Corn 100,000 2 P - example P-1 1970 300,000 

Wheat 400,000 

50 

300,000 50 

P - example P-2 1985 400,000 Corn 400,000 52 400,000 50 

T - example T-1 2004 450,000 Corn 200,000 22 250,000 20 

1 Use grain designations: corn, wheat, sorghum, rice, rye, oats, barley, soybeans, or specify a different grain. 2 Storage capacity and throughput refer to the aggregated storage capacity and throughput of the units included in th

temporary and emergency storage units, storage capacity and throughput may be estimated based on operator’s knavailable. For permanent storage units, throughput may be estimated based on operator’s knowledge if actual data 

ARCHQUIN P P P P-1 1968 2,800,234 Soybeans 18,070,022 52 24,745,955 52 

P-2 1956 2,130,557 Soybeans 18,070,022 52 24,745,955 52 P-3 1951 222,342 Soybeans 16,107,000 50.5 20,551,744 50.8 

P P-4 1982 4,092,372 Soybeans 10,570,188 52 10,603,322 52 P P-5 1975 25,600 Soybeans 32,213,998 49.7 41,103,488 50.4 

T T-1 1986 1,800,000 Soybeans 1,610,766 16-20 1,560,000 16-20 
FORM C 

Please check one: This page includes CBI □ This page does NOT include CBI [If no box is checked, EPA will assume that the page does NOT contain CBI]

FORM C – Receiving and Shipping Information 

(C-1) FACID: C-2 Please complete the following table for receiving and shipping operations at each storage unit (or grou

Storage, Shipping, and Receiving ID’s provided in B-4. An example is provided. 

What is the Maximum Loading Receiving/ Rate? 

Shipping 

ID 

Storage ID 

associated with 

receiving/ 

shipping unit 

How is Grain Received Into or 

Shipped (Loaded) Out of 

Storage?a Value Units 

Are there any add

on controls for th

receiving/ 

shipping unit (Y/N

R-1 P1 Fixed Conveyor Belt 

S-1 P1 Fixed Conveyor Belt 

R-1 T1 Portable Auger 

aLoading and unloading methods include: 

 portable auger  fixed receiving pit with leg to aeration tower  enmass drag conve

 portable inclined belt  fixed conveyor off main complex  pneumatic unloader  gravity fill spout  portable conveyor with trucks  or specify a differen front-end loader  marine leg  fixed drag conveyor  track hoe/clamshell unloader  fixed conveyor belt  continuous barge unloader bQualitative methods include opacity measurements as well as monitoring instruments (e.g. CEMS), and mon

indicate whether the air pollution control device is operating properly. 

ARCHQUIN R-1 P1,P2,P3,P4,P5,T1 Fixed Conveyor Belt With Leg 15,000 Bushels/Hour N 

R-2 P1,P2,P3,P4,P5,T1 Fixed Conveyor Belt With Leg 15,000 Bushels/Hour N R-3 3 feed P3 4 Gravity Fill Spouts 2,500-25,000 Bushels/Hour N R-4 Fixed Conveyor Belt 30,000 Bushels/Hour N R-5 P1 Fixed Conveyor Belt 30,000 Bushels/Hour N R-6 P1,P2,P3,P4,P5,T1 15,000 Bushels/Hour N 

R-7 P1,P2,P3,P4,P5,T1 Fixed Conveyor Belt With Leg 7,500 Bushels/Hour N R-8 P1 P2,P3,P4,P5,T1 Fixed Conveyor Belt 30,000 Bushels/Hour N 

Fixed Conveyor Belt With Leg 
FORM C Page 1

Please check one: This page includes CBI □ This page does NOT include CBI □

[If no box is checked, EPA will assume that the page does NOT contain CBI]

FORM C – Receiving and Shipping Information 

(C-1) FACID:

C-2 Please complete the following table for receiving and shipping operations at each storage unit (or group of units). Use the 

Storage, Shipping, and Receiving ID’s provided in B-4. An example is provided.

Receiving/

Shipping

ID

Storage ID 

associated with 

receiving/

shipping unit

How is Grain Received Into or 

Shipped (Loaded) Out of 

Storage?a

What is the Maximum Loading 

Rate?

Are there any 

add-on 

controls for 

the receiving/

shipping unit 

(Y/N)

Any 

qualitative 

emissions 

monitoring 

conducted?b

(Y/N)

Value Units

R-9 P2,P3,P4,P5,T1 Fixed Conveyor Belt With Leg 8000 Bushels/hr N N

R-10 P2 Fixed Conveyor Belt 25000 Bushels/hr N N

R-11 P3,P5 Fixed Conveyor Belt With Leg 16,000 Bushels/hr N N

R-12 P2,P3,P5 Fixed Conveyor Belt With Leg 7500 Bushels/hr N N

R-13 P5 Fixed Conveyor Belt 8500 Bushels/hr N N

R-14 P2,P3,P4,P5,T1 Fixed Conveyor Belt With Leg 25000 Bushels/hr N N

R-15 P4,T1 Fixed DragConveyor 25000 Bushels/hr N N

R-16 T1 Gravity Fill spout 25000 Bushels/hr N N

R-17 P3,P4,P5,T1 Fixed Drag Conveyor 25000 Bushels/hr N N

R-18 P3,P4,P5,T1 Fixed Conveyor Belt 25000 Bushels/hr N N

R-19 P2,P3,P4,P5,T1 Fixed Drag Conveyor With Leg 10000 Bushels/hr N N

R-20 P2,P3,P4,P5,T1 Fixed Conveyor Belt 25000 Bushels/hr N N

R-20 NA Fixed Conveyor Belt 10000 Bushels/hr N N a

Loading and unloading methods include: 

• portable auger • fixed receiving pit with leg to aeration tower • enmass drag conveyor unloader

• portable inclined belt • fixed conveyor off main complex • pneumatic unloader

• gravity fill spout • portable conveyor with trucks • or specify a different method

• front-end loader • marine leg

• fixed drag conveyor • track hoe/clamshell unloader

• fixed conveyor belt • continuous barge unloader
FORM D – “Temporary” Storage 

(D-1) FACID: (D-2) Temporary Storage ID: 

FORM D Page 1 

 (Please copy this sheet and complete a separate sheet for each 

temporary storage at your facility) 

D-3 Please provide a diagram of each storage unit and indicate which pieces of equipment (e.g., 

walls, cover, floor, conveyance system, generator, housing for electrical, etc) remain in place 

year round and which are removed during specific times of the year. If this system is identical 

(or nearly identical) to another temporary system at the same facility, only one diagram is 

needed. Please include all applicable ID numbers on the diagram and explain any differences 

below. 

D-4 What are the materials of construction for this storage unit? 

(a) Walls: 

 (b) Cover/tarp: 

 (c) Floor: 

D-5 (a) Has the cover/tarp ever been replaced? (check one) Y N 

 (b) If yes, month(s)/year(s) cover/tarp was used before being replaced: 

ARCHQUIN T-1

The walls remain in tact year round. The tent has an asphalt bottom. The tarps are rolled up and stored when 

not in use. There are no conveying systems attached to this storage unit. It is filled with a spout and unloaded 

manually.

Galvanized Steel Canvas

■

Asphalt

6-7years between replacements

FORM D – “Temporary” Storage 

(D-1) FACID: (D-2) Temporary Storage ID: 

FORM D Page 2 

D-6 Describe the routine maintenance (including repair and replacement) that is conducted on the 

temporary storage units, including frequency of these activities. If you typically replace a 

component of a unit (e.g., replacement of a tarp/cover in sections, as opposed to entire 

replacement), indicate frequency and typical percent of the entire unit that is replaced. 

Walls: 

 Floors: 

Cover/Tarp: 

Aeration: 

Other equipment associated with storage (e.g., conveying equipment) 

D-7 Describe methods used to reduce particulate emissions during receiving and shipping, 

aeration (or other similar processes), and general storage. Indicate frequencies of any actions. 

(Please complete Form I for any add-on pollution control device).

ARCHQUIN T-1

Approximately 5% of the walls get damaged when unloading the tent and have to be repaired. No repairs have been made. Fully replaced every 6-7 years or as needed. Intermittent repairs of 10% or less are done when needed. 25% of fan inlets are repaired yearly, and 33% of the aeration tubes are replaced yearly.

The fill spout liner gets replaced about once every two years.

NA
FORM E – “Emergency” Storage 

(E-1) FACID: (E-2) Emergency Storage ID: 

FORM E Page 1

E- 3 Explain any approaches taken to minimize particulate emissions from the emergency storage 

pile. Indicate frequencies of any actions. 

ARCHQUIN NA

NA
FORM F – Grain Dryers 

(F-1) FACID: 

 

FORM F Page 1 

F- Please complete the following table for grain dryers used at your facility. Use the Dryer, 

Storage, Shipping, and Receiving ID’s provided in B-3. An example is provided. 

How much fuel was used 

Grain Dryer ID 

Storage/Receiving/Ship

ping units associated 

with Dryer Fuel Used1

2005 2006 2007 

D-1 P-1, P-2, R-1, S-1 FO2 10,000 10,000 8,000 

D-2 T-1 FO2 1,000 1,000 1,000 

 

 

 

 

 

1

 Select fuel from list below. If other, please specify. 

FO2 - #2 Fuel Oil (gallons) 

FO6 - #6 Fuel Oil (gallons) 

NG – Natural Gas (MM cubic feet) 

Bio – Biofuel (gallons) 

O – Other, please specify type of fuel and unit of measure 

F- For each column dryer at your facility that does not include a perforated column plate in its 

design, please: (1) describe the design of that dryer, including whether it uses woven wire 

screening; (2) indicate the grain(s) for which the dryer is used; and (3) provide the year of 

original installation. 

ARCHQUIN 38.52 D-1 P-1,P-2,P-3,P-4,P-5 NG 32.11 60.23 28.58 D-2 P-1,P-2,P-3,P-4,P-5 NG 21.68 26.53 D-3 P-1,P-2,P-3,P-4,P-5 NG 34.45 38.5 23.62

NA
FORM G –Permitted Sources 

(G-1) FACID: 

FORM G Page 1 

G-2 Please indicate the total number of each component listed below that you have at this facility 

and the number for which your operating permit specifies an applicable control requirement. 

Component Total Number at Site 

Number for which your permit 

specifies a control requirement? 

Truck receiving station 

Truck shipping station 

Barge and ship receiving station 

Barge and ship shipping station 

Railcar receiving station 

Railcar shipping station 

Grain dryer 

 

 

G-3 Is any grain handling equipment subjected to a control requirement in your permit? 

 (check one) Y N 

As defined in NSPS, Subpart DD, grain handling operations include, as an assemblage of equipment, bucket elevators or 

legs (excluding legs used to unload barges or ships), scale hoppers and surge bins (garners), turn heads, scalpers, 

cleaners, trippers, and the headhouse and other such structures. 

For purposes of Form G, the term “control requirement” refers only to particulate matter (PM) 

emission limits specified for the particular “component” in question and expressed in terms of 

emissions per unit of time or production (e.g., lb of PM/hr; grains/dscf), opacity (e.g., 20%), or a 

design or work practice (e.g., use of enclosure), and not to restrictions on operational parameters 

such as hours, feedstock or throughput. 

ARCHQUIN 4 4

NA 0

1 1

1 1

1 1

NA 0

3 3

■
FORM H – Work Practices 

(H-1) FACID: 

FORM H Page 1 

H-2 Describe the design or work practices you follow to reduce emissions (e.g, choke flow, louvered grates, 

mineral oil, etc.). Please describe the frequency the activity is used (e.g, during each loading operation, 

all the time, etc) and the estimated time spent on the activity per usage (e.g, 20 minutes per loading 

event). For “barge and ship receiving station,” please provide copies of any equivalency determinations 

under 40 CFR 60.302(d) and any permit conditions resulting from such determinations. 

Truck receiving station 

Truck shipping station 

Barge and ship receiving station 

Barge and ship shipping station 

Railcar receiving station 

Railcar shipping station 

Grain dryer 

Grain handling operationsa 

a

As defined in NSPS, Subpart DD, grain handling operations include, as an assemblage of equipment, bucket elevators or 

legs (excluding legs used to unload barges or ships), scale hoppers and surge bins (garners), turn heads, scalpers, 

cleaners, trippers, and the headhouse and other such structures. 

ARCHQUIN

Pits are choke fed to help reduce emissions. NAThe pit is choke fed to help reduce emissions. The pit is choke fed to help reduce emissions. The pits is choke fed to help reduce emissions. NARegular inspections are made of the day-o-vac system to ensure filters are clean and working properly. The dust pans and flow rates are monitored continuously and recorded.
FORM I – Add-on Pollution Control Device 

(I-1) FACID: FORM I If data are not available or unknown, please enter ND I-2 Please complete the following table for any air pollution control devices at your facility. Please provide I

diagram. For each unit, please provide the most recent performance data you have. An example is pro

Air Pollution Control 

Device ID 

Type of Control [e.g., fabric 

filter/baghouse; cyclone; 

other (specify)] 

Points controlled 

by this control 

(Use ID’s from 

Forms B, C, and 

D) 

Type of Data Available [e.g., 

performance test, manufacturer’s 

specs or guarantee, engineering 

calculations, other (specify)] 

Desig

Efficien

APCD-1 example Cyclone R-1, R-2 Manufacturer’s specifications 40% APCD-2 example Fabric Filter S-1 Manufacturer’s specifications 90% Make additional copies, as necessary 

ARCHQUIN APCD-1 Fabric Filter R-1,D-1,D-2,D-3 Manufacturer's Specifications 99% 

APCD-2 Fabric Filter R-2 Manufacturer's Specifications 99% APCD-3 Fabric Filter R-4,R-5,P-1 Manufacturer's Specifications 99% APCD-4 Fabric Filter R-6,R-7 Manufacturer's Specifications 99% APCD-5 Fabric Filter R-10,P-2 Manufacturer's Specifications 99% APCD-6 Fabric Filter R-11,R-13 Manufacturer's Specifications 99% APCD-7 Fabric Filter R-14 Manufacturer's Specifications 99% APCD-8 Fabric Filter R-9 Manufacturer's Specifications 99% APCD-9 Fabric Filter R-19 Manufacturer's Specifications 99% 

APCD-10 Fabric Filter S-1 Manufacturer's Specifications 99% 
FORM I – Add-on Pollution Control Device 

(I-1) FACID: 

FORM I  Page 2 

I-3. Provide a copy of the most recent performance test for each air pollution control device 

 If no performance tests are available, complete questions I-4 through I-7. 

I-4. Please complete for each control device listed in I-2. 

Inlet Flow Pressure Drop Inlet Temperature 

APCD ID Max Units Min Max Units Min Max o

C/oF 

 

I-5 For each cyclone, please complete the following table 

APCD ID Particle Density Units 

 

ARCHQUIN Ambient APCD-1 20,610 CFM 1" 7" W.C. Ambient Ambient Ambient APCD-2 19,024 CFM 1" 7" W.C. Ambient Ambient Ambient APCD-3 24,309 CFM 1" 7" W.C. Ambient Ambient Ambient APCD-4 21,667 CFM 1" 7" W.C. Ambient Ambient APCD-5 15,854 CFM 1" 7" W.C. Ambient Ambient Ambient APCD-6 27,480 CFM 1" 7" W.C. Ambient Ambient Ambient APCD-7 36,992 CFM 1" 7" W.C. Ambient Ambient Ambient APCD-8 36,992 CFM 1" 7" W.C. Ambient Ambient Ambient APCD-9 2,604 CFM 1" 7" W.C. Ambient Ambient Ambient APCD-10 14,797 CFM 1" 7" W.C. Ambient Ambient Ambient
FORM I – Add-on Pollution Control Device 

(I-1) FACID: 

FORM I  Page 3 

I-6. For each fabric filter/baghouse, please provide the following information. 

 

APCD ID Number of bags Total Surface Area Units 

 

I-7 For each control not listed in I-5 and I-6, please describe the technology and the parameters that 

are relevant for operation of the control 

ARCHQUIN APCD-1 72 1,584 Square Feet APCD-2 276 3,450 Square Feet APCD-3 72 1,584 Square Feet APCD-4 72 1,584 Square Feet APCD-5 72 1,584 Square Feet APCD-6 72 1,584 Square Feet APCD-7 266 2,660 Square Feet APCD-9

NA

APCD-8 144 56 3,168 840 Square Feet Square Feet APCD-10 255 5,610 Square Feet
217/782-2113 

TITLE V - CLEAN AIR ACT PERMIT PROGRAM (CAAPP) PERMIT 

and 

TITLE I PERMIT1

PERMITTEE

Archer Daniels Midland Company 

Attn: Ken Doellum 

2100 Gardner Expressway 

Quincy, Illinois 62305 

Application No.: 96030065 I.D. No.: 001815AAF 

Applicant’s Designation: Date Received: March 6, 1996 

Operation of: Soybean Oil Extraction and Vegetable Oil Refining 

Date Issued: November 25, 2003 Expiration Date2

: November 25, 2008 

Source Location: 1900 Gardner Expressway, Quincy, Adams, IL 62306-0329 

Responsible Official: Dennis Garceau/Vice President, Manufacturing and Technical Services 

This permit is hereby granted to the above-designated Permittee to operate a facility that 

processes soybeans, pursuant to the above referenced permit application. This permit is 

subject to the conditions contained herein. 

This permit is hereby granted to the above-designated Permittee to operate a soybean 

processing facility, which produces soybean oil and soybean meal and other products, pursuant 

to the above referenced permit application. This permit is subject to the conditions 

contained herein. 

Revision Date Received: July 8, 2005 

Revision Date Issued: August 22, 2005 

Purpose of Revision: Administrative 

This administrative amendment is being issued based on lowering emissions for fee purposes. 

Because the changes in the permit were only administrative, no formal public notice was issued. 

This document only contains those portions of the entire CAAPP permit that have been revised 

as a result of this permitting action. If a conflict exists between this document and 

previous versions of the CAAPP permit, this document supercedes those terms and conditions of 

the permit for which the conflict exists. The previous permit issued November 25, 2003 is 

incorporated herein by reference. 

Please attach a copy of this amendment and the following revised pages to the front of the 

most recently issued entire permit. 

If you have any questions concerning this permit, please contact LeeAnne Kinsella at 

217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:LAK:psj 

cc: Illinois EPA, FOS, Region 2 

USEPA 

1 This permit may contain terms and conditions which address the applicability, and compliance if determined 

applicable, of Title I of the CAA and regulations promulgated thereunder, including 40 CFR 52.21 – federal 

PSD and 35 IAC Part 203 – Major Stationary Sources Construction and Modification. Any such terms and 

conditions are identified within this permit. 

2 Except as provided in Condition 8.7 of this permit. 
2 

TABLE OF CONTENTS 

 PAGE

 

1.0 SOURCE IDENTIFICATION 4 

 

 1.1 Source 

 1.2 Owner/Parent Company 

 1.3 Operator 

 1.4 General Source Description 

 

2.0 LIST OF ABBREVIATIONS/ACRONYMS USED IN THIS PERMIT 5 

 

3.0 INSIGNIFICANT ACTIVITIES 7 

 

 3.1 Identification of Insignificant Activities 

 3.2 Compliance with Applicable Requirements 

 3.3 Addition of Insignificant Activities 

 

4.0 SIGNIFICANT EMISSION UNITS AT THIS SOURCE 10 

 

5.0 OVERALL SOURCE CONDITIONS 14 

 

 5.1 Source Description 

 5.2 Applicable Regulations 

 5.3 Non-Applicability of Regulations of Concern 

 5.4 Source-Wide Operational and Production Limits and Work 

Practices 

 5.5 Source-Wide Emission Limitations 

 5.6 General Recordkeeping Requirements 

 5.7 General Reporting Requirements 

 5.8 General Operational Flexibility/Anticipated Operating 

Scenarios 

 5.9 General Compliance Procedures 

 

6.0 NOT APPLICABLE TO THIS PERMIT 21 

 

7.0 UNIT SPECIFIC CONDITIONS 22 

 

 7.1 Receiving, Cleaning, Drying and Storage Units 

 7.2 Soybean Preparation 

 7.3 Soybean Oil Solvent Extraction 

 7.4 Pellet Mill and Meal and Load-Out Handling 

 7.5 Boilers and Associated Emission Units 

 

8.0 GENERAL PERMIT CONDITIONS 60 

 

 8.1 Permit Shield 

 8.2 Applicability of Title IV Requirements 

 8.3 Emissions Trading Programs 

 8.4 Operational Flexibility/Anticipated Operating Scenarios 

 8.5 Testing Procedures 

 8.6 Reporting Requirements 

 8.7 Obligation to Comply with Title I Requirements 
3 

 PAGE

 

 

9.0 STANDARD PERMIT CONDITIONS 65 

 

 9.1 Effect of Permit 

 9.2 General Obligations of Permittee 

 9.3 Obligation to Allow Illinois EPA Surveillance 

 9.4 Obligation to Comply with Other Requirements 

 9.5 Liability 

 9.6 Recordkeeping 

 9.7 Annual Emissions Report 

 9.8 Requirements for Compliance Certification 

 9.9 Certification 

 9.10 Defense to Enforcement Actions 

 9.11 Permanent Shutdown 

 9.12 Reopening And Reissuing Permit For Cause 

 9.13 Severability Clause 

 9.14 Permit Expiration and Renewal 

 

10.0 ATTACHMENTS 

 

 10.1 Attachment 1 – Applicable National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

1-1 

 10.2 Attachment 2 - Applicable New Source Performance Standards 

(NSPS) 

2-1 

 10-3 Attachment 3 - Applicable State of Illinois Rules and 

Regulations, Title 35: Environmental 

Protection, Subtitle B: Air Pollution, 

Chapter I: Pollution Control Board, 

Subchapter C: Emission Standards and 

Limitations for Stationary Sources 

3-1 

 10-4 Attachment 4 - State Construction and Operating Permits 4-1 

 10.5 Attachment 5 - Example Certification by a Responsible 

Official 

5-1 

 10.6 Attachment 6 – Guidance on Revising This Permit 6-1 

 10.7 Attachment 7 - Form 199-CAAPP, Application For 

Construction Permit (For CAAPP Sources Only)

7-1 

 10.8 Attachment 8 – Guidance on Renewing This Permit 8-1 

 
4 

1.0 SOURCE IDENTIFICATION 

1.1 Source 

Archer Daniels Midland Company 

2100 Gardner Expressway 

Quincy, Illinois 62305 

217/221-0468 

I.D. No.: 001815AAF 

Standard Industrial Classification: 2075, Soybean Oil Mills 

1.2 Owner/Parent Company 

Archer Daniels Midland Company 

4666 Faires Parkway 

Decatur, Illinois 62525 

1.3 Operator 

Archer Daniels Midland Company 

2100 Gardner Expressway 

Quincy, Illinois 62305 

Ken Doellman/Environmental Manager 

217/221-0468 

1.4 General Source Description 

Archer Daniels Midland Company is located at 2100 Gardner 

Expressway, Quincy, Illinois 62305. The source owns and 

operates a soybean processing facility, which produces soybean 

oil and soybean meal and other products. 
5 

2.0 LIST OF ABBREVIATIONS/ACRONYMS USED IN THIS PERMIT 

ACMA Alternative Compliance Market Account 

Act Illinois Environmental Protection Act [415 ILCS 5/1 et 

seq.] 

AP-42 Compilation of Air Pollutant Emission Factors, Volume 1, 

Stationary Point and Other Sources (and Supplements A 

through F), USEPA, Office of Air Quality Planning and 

Standards, Research Triangle Park, NC 27711 

ATU Allotment Trading Unit 

BAT Best Available Technology 

Btu British thermal unit 

CAA Clean Air Act [42 U.S.C. Section 7401 et seq.] 

CAAPP Clean Air Act Permit Program 

CAM Compliance Assurance Monitoring 

CFR Code of Federal Regulations 

ERMS Emissions Reduction Market System 

F degrees Fahrenheit 

gal gallon 

HAP Hazardous Air Pollutant 

hr hour 

IAC Illinois Administrative Code 

I.D. No. Identification Number of Source, assigned by Illinois 

EPA 

ILCS Illinois Compiled Statutes 

Illinois EPA Illinois Environmental Protection Agency 

K degrees Kelvin 

kpa kilopascals 

kg kilogram 

kW kilowatts 

LAER Lowest Achievable Emission Rate 

lb pound 

MACT Maximum Achievable Control Technology 

Mg Megagram 

mmBtu Million British thermal units 

mo month 

NESHAP National Emission Standards for Hazardous Air Pollutants 

NOx Nitrogen Oxides 

NSPS New Source Performance Standards 

PM Particulate Matter 

PM10 Particulate matter with an aerodynamic diameter less 

than or equal to a nominal 10 microns as measured by 

applicable test or monitoring methods 

ppm parts per million 

psia pounds per square inch absolute 

PSD Prevention of Significant Deterioration 

RMP Risk Management Plan 

SO2 Sulfur Dioxide 

T Ton 
6 

T1 Title I – identifies Title I conditions that have been 

carried over from an existing permit 

T1N Title I New – identifies Title I conditions that are 

being established in this permit 

T1R Title I Revised – identifies Title I conditions that 

have been carried over from an existing permit and 

subsequently revised in this permit 

USEPA United States Environmental Protection Agency 

VOM Volatile Organic Material 

yr year 
7 

3.0 INSIGNIFICANT ACTIVITIES 

3.1 Identification of Insignificant Activities 

The following activities at the source constitute insignificant 

activities as specified in 35 IAC 201.210: 

3.1.1 Activities determined by the Illinois EPA to be 

insignificant activities, pursuant to 35 IAC 201.210(a)(1) 

and 201.211, as follows: 

None 

3.1.2 Activities that are insignificant activities based upon 

maximum emissions, pursuant to 35 IAC 201.210(a)(2) or 

(a)(3), as follows: 

- Vegetable Oil Bleacher Trains 

- Hydrogenation Vessels 

- Winterizing Belt Filter 

- Continuous Vegetable Oil Deodorizer 

- Semi-Continuous Vegetable Oil Deodorizer 

- Mobile Welding Units 

- Margarine Tanks 

3.1.3 Activities that are insignificant activities based upon 

their type or character, pursuant to 35 IAC 201.210(a)(4) 

through (18), as follows: 

Equipment used for filling drums, pails, or other 

packaging containers, excluding aerosol cans, with 

soaps, detergents, surfactants, lubricating oils, 

waxes, vegetable oils, greases, animal fats, 

glycerin, sweeteners, corn syrup, aqueous salt 

solutions, or aqueous caustic solutions [35 IAC 

201.210(a)(8)]. 

Storage tanks of organic liquids with a capacity of 

less than 10,000 gallons and an annual throughput of 

less than 100,000 gallons per year, provided the 

storage tank is not used for the storage of gasoline 

or any material listed as a HAP pursuant to Section 

112(b) of the CAA [35 IAC 201.210(a)(10)]. 

Storage tanks of any size containing virgin or rerefined distillate oil, hydrocarbon condensate from 

natural gas pipeline or storage systems, lubricating 

oil, or residual fuel oils [35 IAC 201.210(a)(11)]. 

Gas turbines and stationary reciprocating internal 

combustion engines of between 112 kW and 1,118 kW 

(150 and 1,500 horsepower) power output that are 

emergency or standby units [35 IAC 201.210(a)(16)]. 
8 

Storage tanks of any size containing exclusively 

soaps, detergents, surfactants, glycerin, waxes, 

vegetable oils, greases, animal fats, sweeteners, 

corn syrup, aqueous salt solutions, or aqueous 

caustic solutions, provided an organic solvent has 

not been mixed with such materials [35 IAC 

201.210(a)(17)]. 

Loading and unloading systems for railcars, tank 

trucks, or watercraft that handle only the following 

liquid materials, provided an organic solvent has not 

been mixed with such materials: soaps, detergents, 

surfactants, lubricating oils, waxes, glycerin, 

vegetable oils, greases, animal fats, sweetener, corn 

syrup, aqueous salt solutions, or aqueous caustic 

solutions [35 IAC 201.210(a)(18)]. 

3.1.4 Activities that are considered insignificant activities 

pursuant to 35 IAC 201.210(b). 

3.2 Compliance with Applicable Requirements 

Insignificant activities are subject to applicable requirements 

notwithstanding status as insignificant activities. In 

particular, in addition to regulations of general applicability, 

such as 35 IAC 212.301 and 212.123 (Condition 5.2.2), the 

Permittee shall comply with the following requirements, as 

applicable: 

3.2.1 For each cold cleaning degreaser, the Permittee shall 

comply with the applicable equipment and operating 

requirements of 35 IAC 215.182, 218.182, or 219.182. 

3.2.2 For each particulate matter process emission unit, the 

Permittee shall comply with the applicable particulate 

matter emission limit of 35 IAC 212.321 or 212.322. For 

example, the particulate matter emissions from a process 

emission unit shall not exceed 0.55 pounds per hour if the 

emission unit’s process weight rate is 100 pounds per hour 

or less, pursuant to 35 IAC 266.110. 

3.2.3 For each organic material emission unit that uses organic 

material, e.g., a mixer or printing line, the Permittee 

shall comply with the applicable VOM emission limit of 35 

IAC 215.301, 218.301, or 219.301, which requires that 

organic material emissions not exceed 8.0 pounds per hour 

or do not qualify as photochemically reactive material as 

defined in 35 IAC 211.4690. 
9 

3.3 Addition of Insignificant Activities 

3.3.1 The Permittee is not required to notify the Illinois EPA 

of additional insignificant activities present at the 

source of a type that is identified in Condition 3.1, 

until the renewal application for this permit is 

submitted, pursuant to 35 IAC 201.212(a). 

3.3.2 The Permittee must notify the Illinois EPA of any proposed 

addition of a new insignificant activity of a type 

addressed by 35 IAC 201.210(a)and 201.211 other than those 

identified in Condition 3.1, pursuant to Section 

39.5(12)(b) of the Act. 

3.3.3 The Permittee is not required to notify the Illinois EPA 

of additional insignificant activities present at the 

source of a type identified in 35 IAC 201.210(b). 
10 

4.0 SIGNIFICANT EMISSION UNITS AT THIS SOURCE 

Emission 

Unit Description 

Date 

Constructed 

Emission Control 

Equipment 

EAST ELEVATOR RECEIVING, CLEANING, DRYING and STORAGE UNITS: 

EU-1001 East Elevator Truck Dump #1 with 

hopper truck dumping only 

Unknown Baghouse 

EU-1002 East Elevator Truck Dump #2 with 

hopper truck dumping only 

Unknown Baghouse 

EU-1003 Moorman Truck Dump with hopper 

truck dumping only 

Unknown Baghouse 

EU-1004 Conveying to Grain Dryers Unknown Baghouse 

EU-1005 

West Hart Carter Dryer 

(Rated 17.5 mmBtu/Hr and uses 

Natural Gas Only) 

Unknown Cyclone 

EU-1006 

East Hart Carter Dryer 

(Rated 17.5 mmBtu/Hr and uses 

Natural Gas Only) 

Unknown Cyclone 

EU-1007 

Schanzer Dryer 

(Rated 24 mmBtu/Hr and uses 

Natural Gas Only) 

Unknown Cyclone 

EU-1008 East Tunnel Conveying Unknown Baghouse 

EU-1009 East Gallery Conveying/Storage Unknown Baghouse 

EU-2001 Bean Cleaning 1996 Baghouse 

WEST ELEVATOR RECEIVING, CLEANING, DRYING and STORAGE UNITS: 

EU-1010 West Elevator Truck Dump #3 with 

hopper truck dumping only 

Unknown Baghouse 

EU-1011 West Tunnel Conveying Unknown Baghouse 

EU-1012 West Gallery Conveying/Storage Unknown Baghouse 

EU-3001 Bean Cleaning Unknown Baghouse 

EU-3002 Escher-Wyss Dryer 

(Steam Heated) 

1989 Baghouse 

ANNEX RECEIVING, STORAGE and LOADOUT UNITS: 

EU-1013 Annex Truck Dump #4 with hopper 

truck dumping only 

Unknown Baghouse 

EU-1014 Annex Rail Dump Unknown Baghouse 

EU-1015 Annex Conveying Unknown Baghouse 

EU-1016 Annex Storage Silos Unknown None 

EU-1017 Annex Temporary Storage Unknown None 

EU-1018 Annex Truck Loadout Unknown None 

EAST PLANT GRAIN PREPARATION: 

EI-2002 Bean Cracking 1996 Baghouse 

EU-2003 Bean Dehulling 1993 Baghouse 

EU-2004 Bean Conditioning/Flaking Rolls/ 

and Expander 

1967/1970/ 

and 1996 Cyclone 

EU-2009 Hull Grinding 1970 Baghouse 

WEST PLANT GRAIN PREPARATION: 

EU-3003 Bean Cracking/2 Dehulling Units 1988/1980 

(Deh. #1), 

1995 

(Deh. #2) 

Scrubber and Dust 

Filter 
11 

Emission 

Unit Description 

Date 

Constructed 

Emission Control 

Equipment 

EU-3004 Bean Flaking Rolls and Expander 1975 

(Flakers 

1-4, 6), 

1980 

(Flakers (5, 

7-10)/ 1988 

(Expanders) 

Cyclone 

EU-3005 Collet Coolers (#1 & #2) 1988 Cyclone 

EU-3009 Hull Grinding (1-4) 1975 

(Grinders 1 

& 2) 1980 

(Grinder 3& 

4) 

Dust Filter 

EAST PLANT SOLVENT EXTRACTION: 

EU-2005 Extraction System that makes 

vegetable oil and defatted 

flakes 

1996 Mineral Oil 

Scrubber 

EU-2006 Desolventizer-Toaster-DryerCooler (DTDC) 1996 Mineral Oil 

Scrubber 

EU-2010 Hexane Tanks Unknown None 

WEST PLANT SOLVENT EXTRACTION: 

EU-3006 Extraction System that makes 

vegetable oil and defatted 

flakes 

1975 Mineral Oil 

Scrubber 

EU-3007 Desolventizer-Toaster-DryerCooler (DTDC) 2002 Mineral Oil 

Scrubber 

EU-3015 Hexane Tanks Unknown None 

EAST PLANT PELLET MILL and MEAL and LOAD-OUT HANDLING: 

EU-2007 Meal Sifting/ Grinding 1955/1996 Baghouse 

EU-2008 Meal Rail Loadout Unknown Baghouse 

WEST PLANT PELLET MILL and MEAL and LOAD-OUT HANDLING: 

EU-3008 Meal Sifters/ Pulverizers 1975, 1976 

(1st Stage); 

1980 (2nd 

Stage) 

Dust Filter 

EU-3010 Pellet Mill/Cooler 1994 Cyclone 

EAST and WEST PLANTS PELLET MILL and MEAL and LOAD-OUT HANDLING: 

EU-3011 Meal/Millfeed Storage (East and 

West Plants) 

Unknown Baghouse 

EU-3012 Truck Loadout (East and West 

Plants) 

Unknown Baghouse 

EU-3013 Weigh Scale (East & West Plants) Unknown Baghouse 

EU-3014 Filter Aid Receiving and Storage 

(Lecithin Plant) 

1992 Baghouse 

EAST and WEST PLANTS BARGE DOCKS: 

EU-4001 Barge Loadout Dock #1 (East and 

West Plants) 

Unknown Baghouse 

EU-4002 Barge Loadout Dock #2 (East and 

West Plants) 

Unknown Baghouse 

EU-4003 Barge Loadout Dock #3 (East and 

West Plants) 

Unknown Baghouse 
12 

Emission 

Unit Description 

Date 

Constructed 

Emission Control 

Equipment 

EU-4004 Barge Unloading Dock #3 (East 

and West Plants) 

Unknown None 

EU-4005 Dock #3 Transfer Belt Unknown Baghouse 

EU-4006 Barge Dock #1 Boiler 

(Rated 8.2 mmBtu/hr and uses 

only #2 fuel oil)) 

1993 None 

COMBUSTION OPERATIONS: 

EU-5001 Coal Storage Pile Unknown None 

EU-5002 Coal Transfer, Crushing, and 

Storage 

Unknown Baghouse 

EU-5003 Boiler #1 used for production of 

steam. (Rated 124.5 mmBtu/Hr and 

uses coal only) 

1983 Baghouse 

EU-5004 Boiler #2 used for production of 

steam. (Rated 124.5 mmBtu/Hr and 

uses coal only) 

1983 Baghouse 

EU-5005 Ash Silo and Transfer System 1983 Baghouse 

EU-5006 Ash Truck Loadout Unknown None 

EU-5007 #1 Gas Boiler used for 

production of steam. (Rated 125 

mmBtu/hr and uses natural gas, 

distillate fuel oil #2, or 

vegetable oil). 

1966 None 

EU-5008 #2 Gas Boiler used for 

production of steam. (Rated 125 

mmBtu/hr and uses natural gas, 

distillate fuel oil #2, or 

vegetable oil). 

1970 None 

EU-5009 #3 Gas Boiler used for 

production of steam. (Rated 135 

mmBtu/hr and uses natural gas, 

distillate fuel oil #2, or 

vegetable oil). 

1980 None 

EU-5010 Diesel Fire Pump #1 (Rated 

151.34 #/hr and uses distillate 

fuel oil #2 only) 

2002 None 

EU-5011 Diesel Fire Pump #2 (Rated 

151.34 #/hr and uses distillate 

fuel oil #2 only) 

2002 None 

REFINERY: 

EU-7001 Bleaching Clay Storage/Transfer 11/93 Bin Vent Filter 

EU-7002 Diatomaceous Earth Transfer Unknown Bin Vent Filter 

EU-7003 Trisyl Transfer Unknown Bin Vent Filter 

EU-7004 Deodorization Boiler #1 (Rated 

7.5 mmBtu/Hr and uses natural 

gas only) 

3/94 None 

EU-7005 Deodorization Boiler #2 (Rated 

7.5 mmBtu/Hr and uses natural 

gas only) 

3/94 None 
13 

Emission 

Unit Description 

Date 

Constructed 

Emission Control 

Equipment 

EU-7006 Hydrogen Plant: 2 Burners (Rated 

8.5 mmBtu/hr-Natural Gas and 

10.9 mmBtu/hr- Vent Gas) 

2001 None 
14 

5.0 OVERALL SOURCE CONDITIONS 

5.1 Source Description 

5.1.1 This permit is issued based on the source requiring a 

CAAPP permit because the source is subject to a standard, 

limitation, or other requirement under Section 111 (NSPS) 

or Section 112 (HAPs) of the CAA for which USEPA requires 

a CAAPP permit, or because the source is in a source 

category designated by the USEPA, pursuant to 40 CFR 

70.3(a)(2), (3), and (5) (40 CFR 70.3 Applicability) 

[Section 39.5(2)(a)(ii) and (iv) of the Act]. 

5.2 Applicable Regulations 

5.2.1 Specific emission units at this source are subject to 

particular regulations as set forth in Section 7 (UnitSpecific Conditions) of this permit. 

5.2.2 In addition, emission units at this source are subject to 

the following regulations of general applicability: 

a. No person shall cause or allow the emission of 

fugitive particulate matter from any process, 

including any material handling or storage activity, 

that is visible by an observer looking generally 

overhead at a point beyond the property line of the 

source unless the wind speed is greater than 40.2 

kilometers per hour (25 miles per hour), pursuant to 

35 IAC 212.301 and 212.314. 

Compliance with this requirement is considered to be 

assured by the inherent nature of operations at this 

source, as demonstrated by historical operation. 

b. No person shall cause or allow the emission of smoke 

or other particulate matter, with an opacity greater 

than 30 percent, into the atmosphere from any 

emission unit other than those emission units subject 

to the requirements of 35 IAC 212.122, pursuant to 35 

IAC 212.123(a), except as allowed by 35 IAC 

212.123(b) and 212.124. 

5.2.3 Ozone Depleting Substances 

The Permittee shall comply with the standards for 

recycling and emissions reduction of ozone depleting 

substances pursuant to 40 CFR Part 82, Subpart F, except 

as provided for motor vehicle air conditioners in Subpart 

B of 40 CFR Part 82: 

a. Persons opening appliances for maintenance, service, 

repair, or disposal must comply with the required 

practices pursuant to 40 CFR 82.156. 
15 

b. Equipment used during the maintenance, service, 

repair, or disposal of appliances must comply with 

the standards for recycling and recovery equipment 

pursuant to 40 CFR 82.158. 

c. Persons performing maintenance, service, repair, or 

disposal of appliances must be certified by an 

approved technician certification program pursuant to 

40 CFR 82.161. 

5.2.4 Risk Management Plan 

Should this stationary source, as defined in 40 CFR 

Section 68.3, become subject to the Accidental Release 

Prevention regulations in 40 CFR Part 68, then the owner 

or operator shall submit [40 CFR 68.215(a)(2)(i) and 

(ii)]: 

a. A compliance schedule for meeting the requirements of 

40 CFR Part 68 by the date provided in 40 CFR 

68.10(a); or 

b. A certification statement that the source is in 

compliance with all requirements of 40 CFR Part 68, 

including the registration and submission of the Risk 

Management Plan (RMP), as part of the annual 

compliance certification required by 40 CFR Part 70 

or 71. 

5.2.5 a. Should this stationary source become subject to a 

regulation under 40 CFR Parts 60, 61, or 63, or 35 

IAC after the date issued of this permit, then the 

owner or operator shall, in accordance with the 

applicable regulation(s), comply with the applicable 

requirements by the date(s) specified and shall 

certify compliance with the applicable requirements 

of such regulation(s) as part of the annual 

compliance certification, as required by 40 CFR Part 

70 or 71. 

b. No later than upon the submittal for renewal of this 

permit, the owner or operator shall submit, as part 

of an application, the necessary information to 

address either the non-applicability of, or 

demonstrate compliance with all applicable 

requirements of any potentially applicable regulation 

which was promulgated after the date issued of this 

permit. 

5.2.6 Episode Action Plan 

a. If the source is required to have an episode action 

plan pursuant to 35 IAC 244.142, the Permittee shall 
16 

maintain at the source and have on file with the 

Illinois EPA a written episode action plan (plan) for 

reducing the levels of emissions during yellow 

alerts, red alerts, and emergencies, consistent with 

safe operating procedures. The plan shall contain 

the information specified in 35 IAC 244.144. 

b. The Permittee shall immediately implement the 

appropriate steps described in this plan should an 

air pollution alert or emergency be declared. 

c. If a change occurs at the source which requires a 

revision of the plan (e.g., operational change, 

change in the source contact person), a copy of the 

revised plan shall be submitted to the Illinois EPA 

for review within 30 days of the change. Such plans 

shall be further revised if disapproved by the 

Illinois EPA. 

d. For sources required to have a plan pursuant to 35 

IAC 244.142, a copy of the original plan and any 

subsequent revisions shall be sent to: 

i. Illinois EPA, Compliance Section; and 

ii. For sources located in Cook County and outside 

of the city of Chicago: Cook County 

Department of Environmental Control; or 

iii. For sources located within the city of 

Chicago: Chicago Department of Environmental 

Control. 

5.2.7 CAM Plan 

This stationary source has a pollutant-specific emissions 

unit that is subject to 40 CFR Part 64, Compliance 

Assurance Monitoring (CAM) for Major Stationary Sources. 

The source must submit a CAM plan for each affected 

pollutant-specific emissions unit upon application for 

renewal of the initial CAAPP permit, or upon a significant 

modification to the CAAPP permit for the construction or 

modification of a large pollutant-specific emissions unit 

which has the potential post-control device emissions of 

the applicable regulated air pollutant that equals or 

exceeds major source threshold levels. 

5.3 Non-Applicability of Regulations of Concern 

None 
17 

5.4 Source-Wide Operational and Production Limits and Work Practices 

In addition to the source-wide requirements in the Standard 

Permit Conditions in Section 9, the Permittee shall fulfill the 

following source-wide operational and production limitations 

and/or work practice requirements: 

None 

5.5 Source-Wide Emission Limitations 

5.5.1 Permitted Emissions for Fees 

The annual emissions from the source, not considering 

insignificant activities as addressed by Section 3.0 of 

this permit, shall not exceed the following limitations. 

The overall source emissions shall be determined by adding 

emissions from all emission units. Compliance with these 

limits shall be determined on a calendar year basis. 

These limitations (Condition 5.5.1) are set for the 

purpose of establishing fees and are not federally 

enforceable. 

Permitted Emissions of Regulated Pollutants

Pollutant Tons/Year 

Volatile Organic Material (VOM) 1,111.2 

Sulfur Dioxide (SO2) 2,059.6 

Particulate Matter (PM) 267.3 

Nitrogen Oxides (NOx) 963.8 

HAP, not included in VOM or PM 64.2 

Total 4,466.1 

5.5.2 Emissions of Hazardous Air Pollutants 

Source-wide emission limitations for HAPs as listed in 

Section 112(b) of the CAA are not set. This source is 

considered to be a major source of HAPs. 

5.5.3 Other Source-Wide Emission Limitations 

a. The annual emissions from the source shall not exceed 

the limitations established in State Construction and 

Operating Permits, which have been attached hereto 

and incorporated herein by reference (see Attachment 

4). 

b. The limitations in the State Construction and 

Operating Permits were established pursuant to 40 CFR 

52.21, Prevention of Significant Deterioration (PSD). 

These limits ensure that the construction and/or 

modification addressed in the aforementioned permits 

do not constitute a new major source or major 

modification pursuant to Title I of the CAA, 
18 

specifically the federal rules for Prevention of 

Significant Deterioration (PSD), 40 CFR 52.21 [T1]. 

c. Compliance with annual limits shall be determined on 

a monthly basis from the sum of the data for the 

current month plus the preceding 11 months (running 

12 month total) [T1]. 

5.6 General Recordkeeping Requirements 

5.6.1 Emission Records 

The Permittee shall maintain records of the following 

items for the source to demonstrate compliance with 

Condition 5.5.1, pursuant to Section 39.5(7)(b) of the 

Act: 

Total annual emissions on a calendar year basis for 

the emission units covered by Section 7 (Unit 

Specific Conditions) of this permit. 

5.6.2 Recordkeeping Requirements for the NESHAP for Solvent 

Extraction for Vegetable Oil Production 

The source is subject to the recordkeeping 

requirements established in NESHAP, 40 CFR 63 

Subparts A: General Provisions and NESHAP, 40 CFR 63 

Subparts GGGG: Solvent Extraction for Vegetable Oil 

Production. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 1). 

5.6.3 Retention and Availability of Records 

a. All records and logs required by this permit shall be 

retained for at least five years from the date of 

entry (unless a longer retention period is specified 

by the particular recordkeeping provision herein), 

shall be kept at a location at the source that is 

readily accessible to the Illinois EPA or USEPA, and 

shall be made available for inspection and copying by 

the Illinois EPA or USEPA upon request. 

b. The Permittee shall retrieve and print, on paper 

during normal source office hours, any records 

retained in an electronic format (e.g., computer) in 

response to an Illinois EPA or USEPA request for 

records during the course of a source inspection. 

5.6.4 Records for HAP Emissions 

a. Emissions of HAPs, ton/mo and ton/yr. 
19 

5.6.5 Records for Operating Scenarios 

N/A 

5.7 General Reporting Requirements 

5.7.1 General Source-Wide Reporting Requirements 

The Permittee shall promptly notify the Illinois EPA, 

Compliance Section of deviations of the source with the 

permit requirements as follows, pursuant to Section 

39.5(7)(f)(ii) of the Act. Reports shall describe the 

probable cause of such deviations, and any corrective 

actions or preventive measures taken. 

5.7.2 Annual Emissions Report 

The annual emissions report required pursuant to Condition 

9.7 shall contain emissions information for the previous 

calendar year. 

5.7.3 Annual Reporting of HAP Emissions 

The Permittee shall submit an annual report to the 

Illinois EPA, Compliance Section, on HAP emissions from 

the source, including the following information. The 

source is being operated as a major source of HAP 

emissions. This report shall be submitted with the Annual 

Emissions Report (Condition 9.7). 

a. The annual emissions of individual HAPs for each 

month of the previous calendar year, tons/year (e.g., 

for the month of January, the emissions from February 

of the preceding calendar year through January; for 

the month of February, the emissions from March of 

the preceding calendar year through February; 12 

months in all); and 

b. The total emissions of all HAPs combined for each 

month of the previous calendar year, tons/year (e.g., 

for the month of January, the emissions from February 

of the preceding calendar year through January; for 

the month of February, the emissions from March of 

the preceding calendar year through February; 12 

months in all). 

5.8 General Operational Flexibility/Anticipated Operating Scenarios 

N/A 
20 

5.9 General Compliance Procedures 

5.9.1 General Procedures for Calculating Emissions 

Compliance with the source-wide emission limits specified 

in Condition 5.5 shall be based on the recordkeeping and 

reporting requirements of Conditions 5.6 and 5.7, and 

Compliance Procedures in Section 7 (Unit Specific 

Conditions) of this permit. 
21 

6.0 NOT APPLICABLE TO THIS PERMIT 
22 

7.0 UNIT SPECIFIC CONDITIONS 

7.1 Receiving, Cleaning, Drying and Storage Units 

7.1.1 Description 

The grain receiving and handling process area consists of 

those plant operations, which receive, convey and store 

grain prior to processing. The Quincy plant receives 

soybeans by barge, truck or rail. Once the grain is 

received, it is conveyed via a series of legs and 

conveyors to various grain storage locations for eventual 

transfer to processing. Materials received are stored in 

three distinct silo facilities within the silo operation: 

the east, west, and annex silo facilities. Grain is 

transferred to and from these silos and to the processing 

plants by a series of legs, gallery and tunnel belts, and 

conveyors. The beans are scalped and screened to remove 

foreign contaminants. Cleaned beans are transferred 

through dryers prior to cracking. Grain dryers dry highmoisture content soybeans beans. 

7.1.2 List of Emission Units and Air Pollution Control Equipment 

Emission 

Unit Description 

Emission Control 

Equipment 

EAST ELEVATOR RECEIVING, CLEANING, DRYING and STORAGE UNITS:

EU-1001 East Elevator Truck Dump 

#1 with Hopper Truck 

Dumping Only 

Baghouse 

EU-1002 East Elevator Truck Dump 

#2 with Hopper Truck 

Dumping Only 

Baghouse 

EU-1003 Moorman Truck Dump with 

Hopper Truck Dumping Only 

Baghouse 

EU-1004 Conveying to Grain Dryers Baghouse 

EU-1005 

West Hart Carter Dryer 

(Rated 17.5 mmBtu/Hr and 

uses Natural Gas Only) 

Cyclone 

EU-1006 

East Hart Carter Dryer 

(Rated 17.5 mmBtu/Hr and 

uses Natural Gas Only) 

Cyclone 

EU-1007 

Schanzer Dryer 

(Rated 24 mmBtu/Hr and 

uses Natural Gas Only) 

Cyclone 

EU-1008 East Tunnel Conveying Baghouse 

EU-1009 East Gallery Conveying/ 

Storage 

Baghouse 

EU-2001 Bean Cleaning Baghouse 

WEST ELEVATOR RECEIVING, CLEANING, DRYING and STORAGE UNITS: 

EU-1010 West Elevator Truck Dump 

#3 with Hopper Truck 

Dumping Only 

Baghouse 
23 

Emission 

Unit Description 

Emission Control 

Equipment 

EU-1011 West Tunnel Conveying Baghouse 

EU-1012 West Gallery Conveying/ 

Storage 

Baghouse 

EU-3001 Bean Cleaning Baghouse 

EU-3002 Escher-Wyss Dryer 

(Steam Heated) 

Baghouse 

ANNEX RECEIVING, STORAGE and LOADOUT UNITS:

EU-1013 Annex Truck Dump #4 with 

Hopper Truck Dumping Only 

Baghouse 

EU-1014 Annex Rail Dump Baghouse 

EU-1015 Annex Conveying Baghouse 

EU-1016 Annex Storage Silos None 

EU-1017 Annex Temporary Storage None 

EU-1018 Annex Truck Loadout None 

7.1.3 Applicability Provisions and Applicable Regulations 

a. The receiving, cleaning, drying and storage units for 

the purpose of these unit-specific conditions, are an 

“affected grain handling operation” described in 

Conditions 7.1.1 and 7.1.2. 

b. The affected grain handling operation is subject to 

the emission limits identified in Condition 5.2.2. 

c. The grain handling operation units, post August 3, 1978, 

associated with the affected grain handling operation 

are subject to the NSPS, 40 CFR 60 Subparts A: General 

Provisions and NSPS, 40 CFR 60 Subpart DD: Standards of 

Performance for Grain Elevators, because the receiving 

and storage units associated with the affected grain 

handling operation was constructed, modified, or 

commenced reconstruction after August 3, 1978. The 

Illinois EPA is administering NSPS in Illinois on behalf 

of the USEPA under a delegation agreement. This 

regulation is attached hereto and incorporated herein by 

reference (see Attachment 2). 

d. The affected grain handling operation is subject to 

35 IAC Part 212 Subpart A: General Provisions and 35 

IAC Part 212 Subpart S: Visible and Particulate 

Matter Emissions from Agriculture. This regulation 

is attached hereto and incorporated herein by 

reference (see Attachment 3). 

e. The dryers associated with the affected grain 

handling operation are subject to 35 IAC Part 214 

Subpart A: General Provisions and 35 IAC Part 214 

Subpart K: Sulfur Limitations from Process Emission 

Sources. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 
24 

7.1.4 Non-Applicability of Regulations of Concern 

a. 35 IAC 212.302(a), 212.321, and 212.322 shall not 

apply to grain-handling and grain-drying operations, 

portable grain-handling equipment and one-turn 

storage space [35 IAC 212.461(a)]. 

b. The affected grain handling operation is not subject 

to 35 IAC 212.324, Process Emission Units In Certain 

Areas, and 35 IAC 212.464, Agriculture Sources in 

Certain Areas, because the source is not located in a 

non-attainment area for PM10, as identified in 35 IAC 

212.324(a)(1). 

c. The dryers associated with the affected grain 

handling operation are not subject to 35 IAC Part 215 

Subpart A: General Provisions and 35 IAC Part 215 

Subpart K: Organic Material Emission Standards and 

Limitations for the Use of Organic Material because 

the dryers do not meet the minimum requirements to be 

subject to this regulation. 

7.1.5 Operational and Production Limits and Work Practices 

a. The Permittee shall follow good operating practices 

for the control equipment including periodic 

inspection, routine maintenance and prompt repair of 

defects. 

b. The affected grain handling operation units, post 

August 3, 1978, associated with the affected grain 

handling operation are subject to the emission 

limitations established in NSPS, 40 CFR 60 Subparts 

A: General Provisions and NSPS, 40 CFR 60 Subpart 

DD: Standards of Performance for Grain Elevators, 

which have been attached hereto and incorporated 

herein by reference (see Attachment 2). 

c. The affected grain handling operation is subject to 

the applicable operational and production limits and 

work practices requirements established in 35 IAC 

Part 212 Subpart A: General Provisions and 35 IAC 

Part 212 Subpart S: Visible and Particulate Matter 

Emissions from Agriculture. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

d. The dryers associated with the affected grain 

handling operation is subject to the emission 

limitations established in 35 IAC Part 214 Subpart A: 

General Provisions and 35 IAC Part 214 Subpart K: 

Sulfur Limitations from Process Emission Sources. 

This regulation is attached hereto and incorporated 

herein by reference (see Attachment 3). 
25 

7.1.6 Emission Limitations 

In addition to Condition 5.2.2 and the source wide 

emission limitations in Condition 5.5, the affected grain 

handling operation is subject to the following: 

a. The affected grain handling operation units, post 

August 3, 1978, associated with the affected grain 

handling operation are subject to the emission 

limitations established in NSPS, 40 CFR 60 Subparts 

A: General Provisions and NSPS, 40 CFR 60 Subpart 

DD: Standards of Performance for Grain Elevators, 

which have been attached hereto and incorporated 

herein by reference (see Attachment 2). 

b. The affected grain handling operation is subject to 

emission limitations established in State 

Construction and Operating Permits, which have been 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

c. The limitations in the State Construction and 

Operating Permits were established pursuant to 40 CFR 

52.21, Prevention of Significant Deterioration (PSD). 

These limits ensure that the construction and/or 

modification addressed in the aforementioned permits 

do not constitute a new major source or major 

modification pursuant to Title I of the CAA, 

specifically the federal rules for Prevention of 

Significant Deterioration (PSD), 40 CFR 52.21 [T1]. 

d. Compliance with annual limits shall be determined on 

a monthly basis from the sum of the data for the 

current month plus the preceding 11 months (running 

12 month total) [T1]. 

7.1.7 Testing Requirements 

a. The affected grain handling operation units, post 

August 3, 1978, associated with the affected grain 

handling operation are subject to the testing 

requirements established in NSPS, 40 CFR 60 Subparts 

A: General Provisions and NSPS, 40 CFR 60 Subpart 

DD: Standards of Performance for Grain Elevators, 

which have been attached hereto and incorporated 

herein by reference (see Attachment 2). 

b. The affected grain handling operation is subject to 

the testing requirements established in 35 IAC Part 

212 Subpart A: General Provisions for Particulate 

Matter Emissions. This regulation is attached hereto 

and incorporated herein by reference (see Attachment 

3). 
26 

c. The dryers associated with the affected grain 

handling operation is subject to the testing 

requirements established in 35 IAC Part 214 Subpart 

A: General Provisions for Sulfur Emissions. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3). 

d. The affected grain handling operation is subject to 

testing requirements established in State 

Construction and Operating Permits, which have been 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

7.1.8 Monitoring Requirements 

None 

7.1.9 Recordkeeping Requirements 

a. In addition to the records required by Condition 5.6, 

the Permittee shall maintain records of the following 

items for the affected grain handling operation to 

demonstrate compliance with Conditions 5.5.1, 7.1.3, 

and 7.1.6, pursuant to Section 39.5(7)(b) of the Act: 

b. The affected grain handling operation units, post 

August 3, 1978, associated with the affected grain 

handling operation are subject to the recordkeeping 

requirements established in NSPS, 40 CFR 60 Subparts 

A: General Provisions and NSPS, 40 CFR 60 Subpart 

DD: Standards of Performance for Grain Elevators, 

which have been attached hereto and incorporated 

herein by reference (see Attachment 2). 

c. The affected grain handling operation is subject to 

the recordkeeping requirements established in 35 IAC 

Part 212 Subpart A: General Provisions and 35 IAC 

Part 212 Subpart S: Visible and Particulate Matter 

Emissions from Agriculture. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

d. The dryers associated with the affected grain 

handling operation is subject to the recordkeeping 

requirements established in 35 IAC Part 214 Subpart 

A: General Provisions and 35 IAC Part 214 Subpart K: 

Sulfur Limitations from Process Emission Sources. 

This regulation is attached hereto and incorporated 

herein by reference (see Attachment 3). 

e. The affected grain handling operation is subject to 

recordkeeping requirements established in State 

Construction and Operating Permits, which have been 
27 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

f. Records addressing use of good operating practices 

for the control equipment: 

i. Records for periodic inspection of the control 

equipment with date, individual performing the 

inspection, and nature of inspection; and 

ii. Records for prompt repair of defects, with 

identification and description of defect, 

effect on emissions, date identified, date 

repaired, and nature of repair. 

g. Records addressing the affected grain handling 

operation emissions, with supporting calculations, 

shall be maintained, as determined by Condition 

7.1.12 to demonstrate compliance to Conditions 5.5.2 

and 7.1.6. 

7.1.10 Reporting Requirements 

The Permittee shall promptly notify the Illinois EPA, 

Compliance Section, of deviations of the affected grain 

handling operation with the permit requirements as 

follows, pursuant to Section 39.5(7)(f)(ii) of the Act. 

Reports shall describe the probable cause of such 

deviations, and any corrective actions or preventive 

measures taken: 

a. The affected grain handling operation units, post 

August 3, 1978, associated with the affected grain 

handling operation are subject to the reporting 

requirements established in NSPS, 40 CFR 60 Subparts 

A: General Provisions and NSPS, 40 CFR 60 Subpart 

DD: Standards of Performance for Grain Elevators, 

which have been attached hereto and incorporated 

herein by reference (see Attachment 2). 

b. The affected grain handling operation is subject to 

the reporting requirements established in 35 IAC Part 

212 Subpart A: General Provisions and 35 IAC Part 

212 Subpart S: Visible and Particulate Matter 

Emissions from Agriculture. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

c. The dryers associated with the affected grain 

handling operation is subject to the recordkeeping 

requirements established in 35 IAC Part 214 Subpart 

A: General Provisions and 35 IAC Part 214 Subpart K: 

Sulfur Limitations from Process Emission Sources. 
28 

This regulation is attached hereto and incorporated 

herein by reference (see Attachment 3). 

d. The affected grain handling operation is subject to 

reporting requirements established in State 

Construction and Operating Permits, which have been 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

e. Emissions from or operation of an affected grain 

handling operation in excess of the limits specified 

in Conditions 7.1.3, 7.1.5, and 7.1.6 within 30 days 

of such occurrence. 

7.1.11 Operational Flexibility/Anticipated Operating Scenarios 

N/A 

7.1.12 Compliance Procedures 

Compliance with the emission limits shall be based on the 

recordkeeping requirements in Condition 7.1.9 and the 

emission factors and data listed below: 

a. To determine compliance with Conditions 5.5.1 and 

7.1.6, PM emissions from the affected grain handling 

operation shall be calculated based on: 

i. The applicable emission factors for grain 

elevators and grain processing, Tables 9.9.1-1 

and 9.9.1-2, AP-42, Volume I, Fifth Edition, 

Supplement D, April, 2003, or current edition, 

or 

ii. The results of emission test(s) on the 

affected process or a similar process. The 

emission test(s) shall be the most recent, 

valid and deemed acceptable to the Agency. 

b. To determine compliance with Conditions 5.5.1 and 

7.1.6, fuel combustion emissions from the dryers 

associated with the affected grain handling operation 

shall be calculated based on: 

i. The emission factors for uncontrolled natural 

gas combustion in small boilers (< 100 

mmBtu/hr), Tables 1.4-1 and 1.4-2, AP-42, 

Volume I, Fifth Edition, Supplement D, March, 

1998, or current edition. Note: With the 

exception of PM and PM10 emissions, which are 

to be determined as described in Condition 

7.1.12(a), or 
29 

ii. The results of emission test(s) on the 

affected process or a similar process. The 

emission test(s) shall be the most recent, 

valid and deemed acceptable to the Illinois 

EPA. 
30 

7.2 Soybean Preparation 

7.2.1 Description 

The four (4) principal operations in soybean preparation 

are cracking, dehulling, conditioning and flaking. 

Enclosed drag conveyors transfer the soybeans from the 

tempering bins to the preparation building. Cracking 

rolls receive the beans, breaking each one into particles 

to facilitate separation of the bean hulls from the bean 

meat. The cracked beans are then passed through an 

aspiration system to remove the hulls. Hull grinders size 

the hulls prior to conveying to hull storage. The 

cracked, dehulled beans are conveyed through a conditioner 

where the beans are heated, hydrated and routed to the 

flaking mills. Flaking rolls press the bean particles 

into flakes. A portion of these flakes can be conveyed to 

the expanders. The expanded flakes (collet) are collected 

in a conveyor and sent to the extractor along with the 

non-expanded flakes. 

7.2.2 List of Emission Units and Air Pollution Control Equipment 

Emission 

Unit Description 

Emission Control 

Equipment 

EAST PLANT GRAIN PREPARATION:

EI-2002 Bean Cracking Baghouse 

EU-2003 Bean Dehulling Baghouse 

EU-2004 Bean Conditioning/Flaking 

Rolls/ and Expander Cyclone 

EU-2009 Hull Grinding Baghouse 

WEST PLANT GRAIN PREPARATION: 

EU-3003 Bean Cracking/2 Dehulling 

Units 

Scrubber and Dust 

Filter 

EU-3004 Bean Flaking Rolls/and 

Expander 

Cyclone 

EU-3005 Collet Coolers (#1 and #2) Cyclone 

EU-3009 Hull Grinding (1-4) Dust Filter 

7.2.3 Applicability Provisions and Applicable Regulations 

a. The milling/preparation operations described in 

Condition 7.2.1 and 7.2.2 are “affected milling 

operations” for the purpose of these unit-specific 

conditions. 

b. The affected milling operations are subject to the 

emission limits identified in Condition 5.2.2. 

c. The affected milling operations are subject to 35 IAC 

Part 212 Subpart A: General Provisions and 35 IAC 

Part 212 Subpart L: Particulate Matter Emissions 

from Process Emission Sources. This regulation is 
31 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

7.2.4 Non-Applicability of Regulations of Concern 

a. The affected milling operations are not subject to 35 

IAC 212.324, Process Emission Units In Certain Areas, 

because the source is not located in a non-attainment 

area for PM10, as identified in 35 IAC 212.324(a)(1). 

b. The affected milling operations are not subject to 35 

IAC 212.461, Grain Handling and Drying in General, 

and 35 IAC 212.463, Grain Drying Operations, because 

after being altered by the affected milling 

operations the soybeans cease to be grain as defined 

by 35 IAC 211.2650. 

7.2.5 Operational and Production Limits and Work Practices 

The Permittee shall follow good operating practices for 

the control equipment including periodic inspection, 

routine maintenance and prompt repair of defects. 

7.2.6 Emission Limitations 

In addition to Condition 5.2.2 and the source wide 

emission limitations in Condition 5.5, the affected 

milling operations are subject to the following: 

a. The affected milling operations are subject to 

emission limitations established in State 

Construction and Operating Permits, which have been 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

b. The limitations in the State Construction and 

Operating Permits were established pursuant to 40 CFR 

52.21, Prevention of Significant Deterioration (PSD). 

These limits ensure that the construction and/or 

modification addressed in the aforementioned permits 

do not constitute a new major source or major 

modification pursuant to Title I of the CAA, 

specifically the federal rules for Prevention of 

Significant Deterioration (PSD), 40 CFR 52.21 [T1]. 

c. Compliance with annual limits shall be determined on 

a monthly basis from the sum of the data for the 

current month plus the preceding 11 months (running 

12 month total) [T1]. 

7.2.7 Testing Requirements 

a. The affected milling operations are subject to the 

applicable testing requirements established in 35 IAC 
32 

Part 212 Subpart A: General Provisions for 

Particulate Matter Emissions. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

b. The affected milling operations are subject to the 

applicable testing requirements established in State 

Construction and Operating Permits, which have been 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

7.2.8 Monitoring Requirements 

None 

7.2.9 Recordkeeping Requirements 

In addition to the records required by Condition 5.6, the 

Permittee shall maintain records of the following items 

for the affected milling operations to demonstrate 

compliance with Conditions 5.5.1, 7.2.3, and 7.2.6, 

pursuant to Section 39.5(7)(b) of the Act: 

a. The affected milling operations are subject to the 

applicable recordkeeping requirements established in 

35 IAC Part 212, Subpart A: General Provisions and 

35 IAC Part 212 Subpart L: Particulate Matter 

Emissions from Process Emission Sources. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3). 

b. The affected milling operations are subject to the 

applicable recordkeeping requirements established in 

State Construction and Operating Permits, which have 

been attached hereto and incorporated herein by 

reference (see Attachment 4). 

c. Records addressing use of good operating practices 

for the control equipment: 

i. Records for periodic inspection of the control 

equipment with date, individual performing the 

inspection, and nature of inspection; and 

ii. Records for prompt repair of defects, with 

identification and description of defect, 

effect on emissions, date identified, date 

repaired, and nature of repair. 

d. Records of throughput of grain (tons/month, 

tons/year). 

e. Records addressing the affected milling operations 

emissions, with supporting calculations, shall be 
33 

maintained, as determined by Condition 7.2.12 to 

demonstrate compliance to Conditions 5.5.2 and 7.2.6. 

7.2.10 Reporting Requirements 

The Permittee shall promptly notify the Illinois EPA, 

Compliance Section, of deviations of the affected milling 

operations with the permit requirements as follows, 

pursuant to Section 39.5(7)(f)(ii) of the Act. Reports 

shall describe the probable cause of such deviations, and 

any corrective actions or preventive measures taken: 

a. The affected milling operations are subject to the 

applicable reporting requirements established in 35 

IAC Part 212, Subpart A: General Provisions and 35 

IAC Part 212 Subpart L: Particulate Matter Emissions 

from Process Emission Sources. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

b. The affected milling operations are subject to the 

applicable reporting requirements established in 

State Construction and Permits, which have been 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

c. Emissions from or operation of an affected milling 

operation in excess of the limits specified in 

Conditions 7.2.3, 7.2.5, and 7.2.6 within 30 days of 

such occurrence. 

7.2.11 Operational Flexibility/Anticipated Operating Scenarios 

N/A 

7.2.12 Compliance Procedures 

Compliance with the emission limits shall be based on the 

recordkeeping requirements in Condition 7.2.9 and the 

emission factors and data listed below: 

To determine compliance with Conditions 5.5.1 and 

7.2.6, PM emissions from the affected milling 

operations shall be calculated based on: 

a. The applicable emission factors for Vegetable 

Oil Processing, Section 9.11.1, AP-42, Volume 

I, Fifth Edition, Supplement A, November 1995, 

or current edition, or 

b. The results of emission test(s) on the 

affected process or a similar process. The 

emission test(s) shall be the most recent, 

valid and deemed acceptable to the Agency. 
34 

7.3 Soybean Oil Solvent Extraction 

7.3.1 Description 

The extraction process removes oil from the soybean flakes 

with solvent in an extractor. Soybean flakes are 

transferred to the extractor unit which contains pie 

shaped mesh baskets rotating around a vertical shaft. 

These divisions rotate through a countercurrent solvent 

wash which extracts the soybean oil from the flakes. The 

hexane/ oil mixture is heated, sent through vacuum 

operated evaporators, and stripped in a column to remove 

the hexane which is sent through a vapor collection 

system. The stripped soybean oil leaving the column is 

then transferred to oil storage tanks. From the 

extractor, the solvent-laden, defatted soybean flakes are 

conveyed to a desolventizer-toaster (DT) which evaporates 

the solvent from the defatted flakes. To decrease the 

moisture from the flakes leaving the DT the flakes are 

passed through a dryer/ cooler (DC) unit. Heated air 

circulates through the flakes to reduce moisture content 

and then ambient air is circulated to cool the flakes. 

Hexane/ oil vapor mixtures collected from the oil 

stripping and flake desolventizing processes are condensed 

and sent to a hexane/ oil separator. The hexane separated 

from the mixture is recycled back to the extractor. All 

non-condensible vapors leaving the condenser are sent to 

the mineral oil scrubber for removal of hexane. The 

cleaned gas exits through the final process vent. 

7.3.2 List of Emission Units and Air Pollution Control Equipment 

Emission

Unit Description 

Emission Control 

Equipment 

EAST PLANT SOLVENT EXTRACTION: 

EU-2005 Extraction System that makes 

vegetable oil and defatted 

flakes 

Mineral Oil 

Scrubber 

EU-2006 Desolventizer-Toaster-DryerCooler (DTDC) Mineral Oil 

Scrubber 

EU-2010 Hexane Tanks and all Other 

Volatile Organic Liquid 

(VOL) Tanks 

None 

WEST PLANT SOLVENT EXTRACTION: 

EU-3006 Extraction System that makes 

vegetable oil and defatted 

flakes 

Mineral Oil 

Scrubber 

EU-3007 Desolventizer-Toaster-DryerCooler (DTDC) Mineral Oil 

Scrubber 

EU-3015 Hexane Tanks and all Other 

Volatile Organic Liquid 

(VOL) Tanks 

None 
35 

7.3.3 Applicability Provisions and Applicable Regulations 

a. The extraction process described in Conditions 7.3.1 

and 7.3.2 is an “affected extraction process” for the 

purpose of these unit-specific conditions. 

b. The affected extraction process is subject to the 

emission limits identified in Condition 5.2.2. 

c. The affected extraction process is subject to the 

NESHAP, 40 CFR 63 Subparts A: General Provisions and 

NESHAP, 40 CFR 63 Subparts GGGG: Solvent Extraction 

for Vegetable Oil Production because the source owns 

or operates a vegetable oil production process that 

is a major source of HAP emissions. The Illinois EPA 

is administering NESHAP in Illinois on behalf of the 

USEPA under a delegation agreement. This regulation 

is attached hereto and incorporated herein by 

reference (see Attachment 1). 

d. The affected extraction process is subject to 35 IAC 

Part 212 Subpart A: General Provisions and 35 IAC 

Part 212 Subpart L: Particulate Matter Emissions 

from Process Emission Sources. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

e. The affected extraction process is subject to 35 IAC 

Part 215 Subpart A: General Provisions and 35 IAC 

Part 215 Subpart N: Vegetable Oil Processing. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3). 

f. The hexane storage tanks, any gasoline storage tanks 

and/ or any other VOL storage tanks, post 

constructed, reconstructed or modified after July 23, 

1984 and 40 cubic meters or greater, are subject to 

the NSPS, 40 CFR 60 Subpart A: General Provisions 

and NSPS, 40 CFR 60 Subparts Kb: Storage Vessels. 

This regulation is attached hereto and incorporated 

herein by reference (see Attachment 2). 

g. The affected hexane storage tanks, any gasoline 

storage tanks and/ or any other VOL storage tanks 

with capacity greater than 250 gallons are subject to 

35 IAC Part 215 Subpart A: General Provisions and 35 

IAC Part 215 Subpart B: Organic Emissions from 

Storage and Loading Operations. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 
36 

7.3.4 Non-Applicability of Regulations of Concern 

a. The affected extraction process is not subject to 35 

IAC 212.324, Process Emission Units In Certain Areas, 

because the source is not located in a non-attainment 

area for PM10, as identified in 35 IAC 212.324(a)(1). 

b. The affected extraction process is not subject to 35 

IAC 212.461, Grain Handling and Drying in General, 

and 35 IAC 212.463, Grain Drying Operations, because 

after being altered by the milling operations the 

soybeans cease to be grain as defined by 35 IAC 

211.2650. 

c. The affected extraction process is not subject to 35 

IAC Part 215 Subpart A: General Provisions and 35 

IAC Part 215 Subpart K: Organic Material Emission 

Standards and Limitations for the Use of Organic 

Material because the extraction process does not meet 

the minimum requirements to be subject to this 

regulation. 

d. This permit is issued based on the affected 

extraction process not being subject to 40 CFR Part 

64, Compliance Assurance Monitoring (CAM) for Major 

Stationary Sources, because the affected extraction 

process is subject to a NESHAP proposed after 

November 15, 1990, pursuant to 40 CFR 64.2(b)(1)(i). 

7.3.5 Operational and Production Limits and Work Practices 

a. The Permittee shall follow good operating practices 

for the control equipment including periodic 

inspection, routine maintenance and prompt repair of 

defects. 

b. The hexane storage tanks, any gasoline storage tanks 

and/ or any other VOL storage tanks, post 

constructed, reconstructed or modified after July 23, 

1984 and 40 cubic meters or greater, are subject to 

the Operational and Production Limits and Work 

Practices 35 IAC Part 215 Subpart A: General 

Provisions and 35 IAC Part 215 Subpart B: Organic 

Emissions from Storage and Loading Operations. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3). 

7.3.6 Emission Limitations 

In addition to Condition 5.2.2 and the source wide 

emission limitations in Condition 5.5, the affected 

extraction process is subject to the following: 
37 

a. The affected extraction process is subject to 

emission limitations established in NESHAP, 40 CFR 63 

Subparts A: General Provisions and NESHAP, 40 CFR 63 

Subparts GGGG: Solvent Extraction for Vegetable Oil 

Production. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 1). 

b. The affected extraction process is subject to 

emission limitations established in 35 IAC Part 215 

Subpart A: General Provisions and 35 IAC Part 215 

Subpart N: Vegetable Oil Processing. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3). 

c. The affected extraction process is subject to 

emission limitations established in State 

Construction and Operating Permits, which have been 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

d. The limitations in the State Construction and 

Operating Permits were established pursuant to 40 CFR 

52.21, Prevention of Significant Deterioration (PSD). 

These limits ensure that the construction and/or 

modification addressed in the aforementioned permits 

do not constitute a new major source or major 

modification pursuant to Title I of the CAA, 

specifically the federal rules for Prevention of 

Significant Deterioration (PSD), 40 CFR 52.21 [T1]. 

e. Compliance with annual limits shall be determined on 

a monthly basis from the sum of the data for the 

current month plus the preceding 11 months (running 

12 month total) [T1]. 

7.3.7 Testing Requirements 

a. The affected extraction process is subject to the 

testing requirements established in NESHAP, 40 CFR 63 

Subparts A: General Provisions and NESHAP, 40 CFR 63 

Subparts GGGG: Solvent Extraction for Vegetable Oil 

Production. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 1). 

b. The affected extraction process is subject to the 

applicable testing requirements established in 35 IAC 

Part 212 Subpart A: General Provisions for 

Particulate Matter Emissions. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

c. The hexane storage tanks, any gasoline storage tanks 

and/ or any other VOL storage tanks, post 

constructed, reconstructed or modified after 
38 

Jul 23, 1984 and 40 cubic meters or greater, are 

subject to the applicable testing requirements 

established in NSPS, 40 CFR 60 Subpart A: General 

Provisions and NSPS, 40 CFR 60 Subparts Kb: Storage 

Vessels. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 2). 

d. The affected extraction process is subject to testing 

requirements established in State Construction and 

Operating Permits, which have been attached hereto 

and incorporated herein by reference (see Attachment 

4). 

7.3.8 Monitoring Requirements 

None 

7.3.9 Recordkeeping Requirements 

In addition to the records required by Condition 5.6, the 

Permittee shall maintain records of the following items 

for the affected extraction process to demonstrate 

compliance with Conditions 5.5.1, 7.3.3, and 7.3.6, 

pursuant to Section 39.5(7)(b) of the Act: 

a. The affected extraction process is subject to the 

recordkeeping requirements established in NESHAP, 40 

CFR 63 Subparts A: General Provisions and NESHAP, 40 

CFR 63 Subparts GGGG: Solvent Extraction for 

Vegetable Oil Production. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 1). 

b. The affected extraction process is subject to the 

recordkeeping requirements established in 35 IAC Part 

212 Subpart A: General Provisions and 35 IAC Part 

212 Subpart L: Particulate Matter Emissions from 

Process Emission Sources. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

c. The affected extraction process is subject to the 

recordkeeping requirements established in 35 IAC Part 

215 Subpart A: General Provisions and 35 IAC Part 

215 Subpart N: Vegetable Oil Processing. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3) 

d. The hexane storage tanks, any gasoline storage tanks 

and/ or any other VOL storage tanks, post 

constructed, reconstructed or modified after July 23, 

1984 and 40 cubic meters or greater are subject to 

the recordkeeping requirements established in NSPS, 

40 CFR 60 Subpart A: General Provisions and NSPS, 40 
39 

CFR 60 Subparts Kb: Storage Vessels. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 2). 

e. Design information for the affected VOL storage tanks 

showing the presence of permanent submerged loading 

pipe or the use of submerged loading fill when 

loading of volatile organic liquid with a vapor 

pressure of 17.24 kPa (2.5 psia) or greater at 

294.3°K (70°F) or loading of gasoline. 

f. Maintenance and repair records for the affected VOL 

storage tanks, as related to the repair or 

replacement of the loading pipe. 

g. Identification and throughput of each material stored 

in the affected VOL storage tanks, gal/yr. 

h. The VOM emissions from the affected VOL storage tanks 

based on the materials stored, the tank throughputs, 

and the applicable emission factors and formulas with 

supporting calculations, ton/yr. 

i. The affected extraction process and VOL storage tanks 

are subject to recordkeeping requirements established 

in State Construction and Operating Permits, which 

have been attached hereto and incorporated herein by 

reference (see Attachment 4). 

j. Records addressing the affected extraction process 

and VOL storage tanks emissions, with supporting 

calculations, shall be maintained, as determined by 

Condition 7.3.12 to demonstrate compliance to 

Conditions 5.5.2 and 7.3.6. 

7.3.10 Reporting Requirements 

The Permittee shall promptly notify the Illinois EPA, 

Compliance Section, of deviations of the affected 

extraction process with the permit requirements as 

follows, pursuant to Section 39.5(7)(f)(ii) of the Act. 

Reports shall describe the probable cause of such 

deviations, and any corrective actions or preventive 

measures taken: 

a. The affected extraction process is subject to the 

reporting requirements established in NESHAP, 40 CFR 

63 Subparts A: General Provisions and NESHAP, 40 CFR 

63 Subparts GGGG: Solvent Extraction for Vegetable 

Oil Production. This regulation is attached hereto 

and incorporated herein by reference (see Attachment 

1). 
40 

b. The affected extraction process is subject to the 

reporting requirements established in 35 IAC Part 212 

Subpart A: General Provisions and 35 IAC Part 212 

Subpart L: Particulate Matter Emissions from Process 

Emission Sources. This regulation is attached hereto 

and incorporated herein by reference (see Attachment 

3). 

c. The affected extraction process is subject to the 

reporting requirements established in 35 IAC Part 215 

Subpart A: General Provisions and 35 IAC Part 215 

Subpart N: Vegetable Oil Processing. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3) 

d. The hexane storage tanks, any gasoline storage tanks 

and/ or any other VOL storage tank, post constructed, 

reconstructed or modified after July 23, 1984 and 40 

cubic meters or greater, are subject to the reporting 

requirements established in NSPS, 40 CFR 60 Subpart 

A: General Provisions and NSPS, 40 CFR 60 Subparts 

Kb: Storage Vessels. This regulation is attached 

hereto and incorporated herein by reference (see 

Attachment 2). 

e. The affected extraction process and VOL storage tanks 

are subject to reporting requirements established in 

State Construction and Operating Permits, which have 

been attached hereto and incorporated herein by 

reference (see Attachment 4). 

f. Emissions from or operation of an affected extraction 

process and VOL storage tanks in excess of the limits 

specified in Conditions 7.3.3, 7.3.5, and 7.3.6 

within 30 days of such occurrence. 

7.3.11 Operational Flexibility/Anticipated Operating Scenarios 

The Permittee is authorized to make the following physical 

or operational change with respect to the affected storage 

tanks without prior notification to the Illinois EPA or 

revision of this permit. This condition does not affect 

the Permittee’s obligation to properly obtain a 

construction permit in a timely manner for any activity 

constituting construction or modification of the source, 

as defined in 35 IAC 201.102: 

a. Changes to components related to either the submerged 

loading pipe or submerged fill, including addition of 

new components and repair and replacement of 

components. 

b. Changes in the material stored in the affect storage 

tank, provided the affected storage tanks continue to 
41 

comply with the Conditions of Section 7.4 of this 

permit. 

7.3.12 Compliance Procedures 

Compliance with the emission limits shall be based on the 

recordkeeping requirements in Condition 7.3.9 and the 

emission factors and data listed below: 

a. The affected extraction process is subject to the 

compliance determination requirements established in 

NESHAP, 40 CFR 63 Subparts A: General Provisions and 

NESHAP, 40 CFR 63 Subparts GGGG: Solvent Extraction 

for Vegetable Oil Production. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 1). 

b. Compliance with Condition 7.3.3(c) is demonstrated by 

proper operating conditions of the affected 

extraction process. 

c. Compliance with Condition 7.3.3(d) shall be 

demonstrated by the records required in Condition 

7.3.9. 

d. The affected extraction process is subject to the 

applicable compliance determination requirements as 

established in 35 IAC Part 215 Subpart A: General 

Provisions and 35 IAC Part 215 Subpart N: Vegetable 

Oil Processing. This regulation is attached hereto 

and incorporated herein by reference (see Attachment 

3). 

e. The hexane storage tanks, any gasoline storage tanks 

and/ or any other VOL storage tanks, post 

constructed, reconstructed or modified after July 23, 

1984 and 40 cubic meters or greater, are subject to 

the applicable compliance determination requirements 

as established in NSPS, 40 CFR 60 Subpart: General 

Provisions and NSPS, 40 CFR 60 Subparts Kb: Storage 

Vessels. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 2). 

f. Compliance with Conditions 7.3.3(g) is considered to 

be assured by the use of submerged loading pipe or 

submerged fill as required in Condition 7.3.5 and by 

the recordkeeping requirement of Condition 7.3.9. 

g. To determine compliance with Conditions 5.5.1 and 

7.3.6 and 7.3.9, emissions from the affected 

extraction process and VOL storage tanks shall be 

calculated based on emission factors and formulas 

listed below: 
42 

i. The applicable emission factors for Vegetable 

Oil Processing, Section 9.11.1, AP-42, Volume 

I, Fifth Edition, Supplement A, November 1995, 

or current edition, or 

ii. The results of emission test(s) on the 

affected process or a similar process. The 

emission test(s) shall be the most recent, 

valid and deemed acceptable to the Illinois 

EPA. 

iii. The results of solvent inventory analyses on 

the affected process. 

iv. For purposes of calculating VOM emissions for 

the VOL storage tanks, the current version of 

the USEPA’s Tanks Program is acceptable. 
43 

7.4 Pellet Mill and Meal and Load-Out Handling 

7.4.1 Description 

The hulls collected at the preparation building in the 

various dust control devices are recycled to the hull 

grinding process. After grinding, the hulls are either 

temporarily stored or sent to the pellet mill. Hulls sent 

to the mill are formed into pellets, cooled, and sent to 

the hull pellet storage tanks or sheds for storage. From 

the dryer/ cooler, the defattened soybean flakes (meal) 

are conveyed to the preparation building where they are 

sized by meal screens and grinders. The meal then 

receives a flow agent before transfer to the meal sheds or 

tanks for storage and load out by truck, rail or barge. 

7.4.2 List of Emission Units and Air Pollution Control Equipment 

Emission

Unit Description 

Emission Control 

Equipment 

EAST PLANT PELLET MILL and MEAL and LOAD-OUT HANDLING: 

EU-2007 Meal Sifting/Grinding Baghouse 

EU-2008 Meal Rail Loadout Baghouse 

WEST PLANT PELLET MILL and MEAL and LOAD-OUT HANDLING:

EU-3008 Meal Sifters/Pulverizers Dust Filter 

EU-3010 Pellet Mill/Cooler Cyclone 

EAST and WEST PLANTS PELLET MILL and MEAL and LOAD-OUT 

HANDLING:

EU-3011 Meal/Millfeed Storage (East 

and West Plants) 

Baghouse 

EU-3012 Truck Loadout (East and 

West Plants) 

Baghouse 

EU-3013 Weigh Scale (East and West 

Plants) 

Baghouse 

EU-3014 Filter Aid Receiving and 

Storage (Lecithin Plant) 

Baghouse 

EAST and WEST PLANTS BARGE DOCKS: 

EU-4001 Barge Loadout Dock #1 (East 

and West Plants) 

Baghouse 

EU-4002 Barge Loadout Dock #2 (East 

and West Plants) 

Baghouse 

EU-4003 Barge Loadout Dock #3 (East 

and West Plants) 

Baghouse 

EU-4004 Barge Unloading Dock #3 

(East and West Plants) 

None 

EU-4005 Dock #3 Transfer Belt Baghouse 

EU-4006 Barge Dock #1 Boiler 

(Rated 8.2 mmBtu/hr and 

uses only #2 fuel oil) 

None 
44 

7.4.3 Applicability Provisions and Applicable Regulations 

a. The “affected pellet and meal and load-out process” 

for the purpose of these unit-specific conditions, 

are process units described in Conditions 7.4.1 and 

7.4.2. 

b. The affected pellet and meal and loadout process is 

subject to the emission limits identified in 

Condition 5.2.2. 

c. The affected pellet and meal and loadout process is 

subject to 35 IAC Part 212 Subpart A: General 

Provisions and 35 IAC Part 212 Subpart L: 

Particulate Matter Emissions from Process Emission 

Sources. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

7.4.4 Non-Applicability of Regulations of Concern 

a. The affected pellet and meal and loadout process is 

not subject to 35 IAC 212.324, Process Emission Units 

In Certain Areas, because the source is not located 

in a non-attainment area for PM10, as identified in 

35 IAC 212.324(a)(1). 

b. The affected pellet and meal process and loadout is 

not subject to 35 IAC 212.461, Grain Handling and 

Drying in General, and 35 IAC 212.463, Grain Drying 

Operations, because after being altered by the 

affected milling operations the soybeans cease to be 

grain as defined by 35 IAC 211.2650. 

7.4.5 Operational and Production Limits and Work Practices 

The Permittee shall follow good operating practices for 

the control equipment including periodic inspection, 

routine maintenance and prompt repair of defects. 

7.4.6 Emission Limitations 

In addition to Condition 5.2.2 and the source wide 

emission limitations in Condition 5.5, the affected 

protein process is subject to the following: 

a. The affected pellet and meal process and loadout is 

subject to emission limitations established in State 

Construction and Operating Permits, which have been 

attached hereto and incorporated herein by reference 

(see Attachment 4). 

b. The limitations in the State Construction and 

Operating Permits were established pursuant to 40 CFR 

52.21, Prevention of Significant Deterioration (PSD). 
45 

These limits ensure that the construction and/or 

modification addressed in the aforementioned permits 

do not constitute a new major source or major 

modification pursuant to Title I of the CAA, 

specifically the federal rules for Prevention of 

Significant Deterioration (PSD), 40 CFR 52.21 [T1]. 

c. Compliance with annual limits shall be determined on 

a monthly basis from the sum of the data for the 

current month plus the preceding 11 months (running 

12 month total) [T1]. 

7.4.7 Testing Requirements 

a. The affected pellet and meal process and loadout is 

subject to the applicable testing requirements 

established in 35 IAC Part 212 Subpart A: General 

Provisions for Particulate Matter Emissions. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3). 

b. The affected pellet and meal process and loadout is 

subject to the applicable testing requirements 

established in State Construction and Operating 

Permits, which have been attached hereto and 

incorporated herein by reference (see Attachment 4). 

7.4.8 Monitoring Requirements 

None 

7.4.9 Recordkeeping Requirements 

In addition to the records required by Condition 5.6, the 

Permittee shall maintain records of the following items 

for the affected pellet and meal process to demonstrate 

compliance with Conditions 5.5.1, 7.4.3, and 7.4.6, 

pursuant to Section 39.5(7)(b) of the Act: 

a. The affected pellet and meal process and loadout is 

subject to the applicable recordkeeping requirements 

established in 35 IAC Part 212, Subpart A: General 

Provisions and 35 IAC Part 212 Subpart L: 

Particulate Matter Emissions from Process Emission 

Sources. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

b. The affected pellet and meal and loadout process is 

subject to the applicable recordkeeping requirements 

established in State Construction and Operating 

Permits, which have been attached hereto and 

incorporated herein by reference (see Attachment 4). 
46 

c. Records addressing use of good operating practices 

for the control equipment: 

i. Records for periodic inspection of the control 

equipment with date, individual performing the 

inspection, and nature of inspection; and 

ii. Records for prompt repair of defects, with 

identification and description of defect, 

effect on emissions, date identified, date 

repaired, and nature of repair. 

d. Records addressing the affected pellet and meal and 

loadout process emissions, with supporting 

calculations, shall be maintained, as determined by 

Condition 7.4.12 to demonstrate compliance to 

Conditions 5.5.2 and 7.4.6. 

7.4.10 Reporting Requirements 

The Permittee shall promptly notify the Illinois EPA, 

Compliance Section, of deviations of the affected protein 

process with the permit requirements as follows, pursuant 

to Section 39.5(7)(f)(ii) of the Act. Reports shall 

describe the probable cause of such deviations, and any 

corrective actions or preventive measures taken: 

a. The affected pellet and meal and loadout process is 

subject to the applicable reporting requirements 

established in 35 IAC Part 212, Subpart A: General 

Provisions and 35 IAC Part 212 Subpart L: 

Particulate Matter Emissions from Process Emission 

Sources. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

b. The affected pellet and meal and loadout process is 

subject to the applicable reporting requirements 

established in State Construction and Permits, which 

have been attached hereto and incorporated herein by 

reference (see Attachment 4) 

c. Emissions from or operation of an affected pellet and 

meal and loadout process in excess of the limits 

specified in Conditions 7.4.3, 7.4.5, and 7.4.6 

within 30 days of such occurrence. 

7.4.11 Operational Flexibility/Anticipated Operating Scenarios 

N/A 
47 

7.4.12 Compliance Procedures 

Compliance with the emission limits shall be based on the 

recordkeeping requirements in Condition 7.7.9 and the 

emission factors and data listed below: 

To determine compliance with Conditions 5.5.1 and 

7.4.6, emissions from the affected pellet and meal 

and loadout process shall be calculated based on: 

a. The applicable emission factors for Vegetable 

Oil Processing, Section 9.11.1, AP-42, Volume 

I, Fifth Edition, Supplement A, November 1995, 

or current edition, or 

b. The applicant emission factors for Grain 

Elevators and Processes, Section 9.9.1, AP-42, 

Volume 1, Fifth Edition, Supplement A, 

November 1998, or the current edition, or 

c. The results of emission test(s) on the 

affected process or a similar process. The 

emission test(s) shall be the most recent, 

valid and deemed acceptable to the Illinois 

EPA. 
48 

7.5 Boilers and Associated Emission Units: 

7.5.1 Description 

Steam for the process in the east and west plants and 

general heating during winter months is supplied by 

combinations of two (2) identical coal boilers and 

three (3) natural gas package boilers of similar capacity. 

The coal boilers and associated coal and ash handling 

equipment are separate from the natural gas boilers and 

are situated in different areas of the facility but both 

feed the same steam-piping network. 

A vegetable oil refinery is associated with the east and 

west soybean oil extraction plants. The refinery’s 

feedstock is soybean oil transported by pipeline to the 

facility from the Lecithin process at the west extraction 

plant. The initial stage in the refining processes is to 

refine and bleach the oils. The refining and bleaching 

processes are done by adding caustic soda, bleaching 

(diatomaceous) earth and other clays to remove fatty 

acids, chlorophyll and impurities through filtration. The 

refined oil is then stored in closed-top above-ground 

tanks pending further processing by hydrogenation and/or 

winterization followed by deodorization. 

The hydrogenation process involves reacting hydrogen with 

the partially unsaturated oil feedstock in a reactor under 

a vacuum, which produces a saturated vegetable oil. The 

deodorization process removes water and some vegetable oil 

components. Soapstock, which is collected from the 

caustic refining process and from liquids collected in the 

plant drain stream, is mixed with sulfuric acid and steam 

in a reactor to precipitate out solids. 

7.5.2 List of Emission Units and Air Pollution Control Equipment 

Emission 

Unit Description 

Emission Control 

Equipment 

COMBUSTION OPERATIONS:

EU-5001 Coal Storage Pile None 

EU-5002 Coal Transfer, Crushing, 

and Storage 

Baghouse 

EU-5003 Boiler #1 used for 

production of steam. 

(Rated 124.5 mmBtu/Hr and 

uses coal only) 

Baghouse 

EU-5004 Boiler #2 used for 

production of steam. 

(Rated 124.5 mmBtu/Hr and 

uses coal only) 

Baghouse 

EU-5005 Ash Silo and Transfer 

System 

Baghouse 

EU-5006 Ash Truck Loadout None 
49 

Emission 

Unit Description 

Emission Control 

Equipment 

EU-5007 #1 Gas Boiler used for 

production of steam. 

(Rated 125 mmBtu/hr and 

uses natural gas, 

distillate fuel oil #2, or 

vegetable oil). 

None 

EU-5008 #2 Gas Boiler used for 

production of steam. 

(Rated 125 mmBtu/hr and 

uses natural gas, 

distillate fuel oil #2, or 

vegetable oil). 

None 

EU-5009 #3 Gas Boiler used for 

production of steam. 

(Rated 135 mmBtu/hr and 

uses natural gas, 

distillate fuel oil #2, or 

vegetable oil). 

None 

EU-5010 Diesel Fire Pump #1 

(Rated 151.34 #/hr and 

uses distillate fuel oil 

#2 only) 

None 

EU-5011 Diesel Fire Pump #2 (Rated 

151.34 #/hr and uses 

distillate fuel oil #2 

only) 

None 

REFINERY:

EU-7001 Bleaching Clay 

Storage/Transfer 

Bin Vent Filter 

EU-7002 Diatomaceous Earth 

Transfer 

Bin Vent Filter 

EU-7003 Trisyl Transfer Bin Vent Filter 

EU-7004 Deodorization Boiler #1 

(Rated 7.5 mmBtu/Hr and 

uses natural gas only) 

None 

EU-7005 Deodorization Boiler #2 

(Rated 7.5 mmBtu/Hr and 

uses natural gas only) 

None 

EU-7006 Hydrogen Plant: 2 Burners 

(Rated 8.5 mmBtu/hrNatural Gas and 10.9 

mmBtu/hr- Vent Gas) 

None 

7.5.3 Applicability Provisions and Applicable Regulations 

a. The “affected boilers/ burners/ Diesel Fire Pumps” 

for the purpose of these unit-specific conditions, 

are fuel combustion emission units as described in 

Conditions 7.5.1 and 7.5.2. 
50 

b. The affected boilers/burners/Diesel Fire Pumps are 

subject to the emission limits identified in 

Condition 5.2.2. 

c. The affected boilers/ burners/ Diesel Fire Pumps are 

subject to 35 IAC Part 212 Subpart A: General 

Provisions and 35 IAC Part 212 Subpart B: Visible 

Emissions. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

d. The affected boilers/ burners/ Diesel Fire Pumps are 

subject to 35 IAC Part 212 Subpart A: General 

Provisions and 35 IAC Part 212 Subpart E: 

Particulate Matter Emissions From Fuel Combustion 

Emission Units. This regulation is attached hereto 

and incorporated herein by reference (see Attachment 

3). 

e. The affected boilers/ burners/ Diesel Fire Pumps are 

subject to 35 IAC Part 214 Subpart A: General 

Provisions and 35 IAC Part 214 Subpart B: Sulfur 

Limitations for New Fuel Combustion Emission Sources. 

This regulation is attached hereto and incorporated 

herein by reference (see Attachment 3). 

f. The affected boilers/ burners/ Diesel Fire Pumps are 

subject to 35 IAC Part 216 Subpart A: General 

Provisions and 35 IAC Part 216 Subpart B: Carbon 

Monoxide Emissions from Fuel Combustion Emission 

Sources. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

g. The affected associated emission units are subject to 

35 IAC Part 212 Subpart A: General Provisions and 35 

IAC Part 212 Subpart L: Particulate Matter Emissions 

from Process Emission Sources. This regulation is 

attached hereto and incorporated herein by reference 

(see Attachment 3). 

h. Startup Provisions 

The Permittee is authorized to operate an affected 

coal boiler in violation of the applicable limit of 

35 IAC 212.123, 212.202, and 216.121 during startup 

pursuant to 35 IAC 201.262, as the Permittee has 

affirmatively demonstrated that all reasonable 

efforts have been made to minimize startup emissions, 

duration of individual starts, and frequency of 

startups. This authorization is subject to the 

following: 

i. This authorization only extends for a period 

of up to 6 hours following initial firing of 

fuel during each startup event; 
51 

ii. The Permittee shall take the following 

measures to minimize startup emissions, the 

duration of startups and minimize the 

frequency of startups: 

A. Implementation of established startup 

procedures, including monitoring 

combustion parameters and making 

adjustments accordingly so as to reduce 

emissions during the startup process; and 

B. Operating the affected coal boiler in 

accordance with the manufacturer’s 

instructions so as to minimize emissions 

during startup. 

iii. The Permittee shall fulfill applicable 

recordkeeping and reporting requirements of 

Condition 7.5.9 and 7.5.10. 

i. Malfunction and Breakdown Provisions 

In the event of a malfunction or breakdown of a coal 

affected boiler (including the ash removal system), 

or the control system of an affected coal boiler, the 

Permittee is authorized to continue operation of the 

affected coal boiler in violation of the applicable 

requirement of 35 212.123, 212.202, and 216.121, as 

necessary to prevent risk of injury to personnel or 

severe damage to equipment. This authorization is 

subject to the following requirements: 

i. The Permittee shall repair the damaged 

feature(s) of an affected coal boiler 

(including the ash removal system) or the 

control system of an affected coal boiler or 

remove the affected coal boiler from service 

as soon as practicable. This shall be 

accomplished within 24 hours unless the 

feature(s) can not be repaired within 24 hours 

and the affected coal boiler can not be 

removed from service within 24 hours, and the 

Permittee obtains an extension, for up to 48 

hours, from the Illinois EPA. The request for 

such an extension must document that a 

necessary part is unavailable and specify a 

schedule of actions the Permittee will take 

that will assure the feature(s) will be 

repaired or the affected coal boiler is 

removed from service as soon as possible; 
52 

ii. The Permittee shall fulfill applicable 

recordkeeping and reporting requirements of 

Condition 7.5.9 and 7.5.10. 

7.5.4 Non-Applicability of Regulations of Concern 

a. Pursuant to 35 IAC 215.303, fuel combustion emission 

units are not subject to 35 IAC 215.301, Use of 

Organic Material. 

b. The affected boilers/burners/Diesel Fire Pumps are 

not subject to 35 IAC 217.121, Emissions of Nitrogen 

Oxides from New Fuel Combustion Emission Sources, 

because the actual heat input is less than 73.2 MW 

(250 mmBtu/hr). 

7.5.5 Operational and Production Limits and Work Practices 

a. The Permittee shall follow good operating practices 

for the control equipment including periodic 

inspection, routine maintenance and prompt repair of 

defects. 

7.5.6 Emission Limitations 

In addition to Condition 5.2.2 and the source wide 

emission limitations in Condition 5.5, the affected boiler 

is subject to the following: 

a. The affected boilers/ burners/ Diesel Fire Pumps and 

associated emission units are subject to emission 

limitations established in State Construction and 

Operating Permits, which have been attached hereto 

and incorporated herein by reference (see Attachment 

4). 

b. The limitations in the State Construction and 

Operating Permits were established pursuant to 40 CFR 

52.21, Prevention of Significant Deterioration (PSD). 

These limits ensure that the construction and/or 

modification addressed in the aforementioned permits 

do not constitute a new major source or major 

modification pursuant to Title I of the CAA, 

specifically the federal rules for Prevention of 

Significant Deterioration (PSD), 40 CFR 52.21 [T1]. 

c. Compliance with annual limits shall be determined on 

a monthly basis from the sum of the data for the 

current month plus the preceding 11 months (running 

12 month total) [T1]. 
53 

7.5.7 Testing Requirements 

a. The affected boilers/burners/Diesel Fire Pumps and 

associated emission units are subject to the testing 

requirements established in 35 IAC Part 212 Subpart 

A: General Provisions for Particulate Matter 

Emissions. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

b. The affected boilers/burners/Diesel Fire Pumps are 

subject to the testing requirements established in 35 

IAC Part 214 Subpart A: General Provisions for 

Sulfur Emissions. This regulation is attached hereto 

and incorporated herein by reference (see Attachment 

3). 

c. The affected boilers/burners/Diesel Fire Pumps are 

subject to testing requirements established in 35 IAC 

Part 216 Subpart A: General Provisions for Carbon 

Monoxide Emissions. This regulation is attached 

hereto and incorporated herein by reference (see 

Attachment 3). 

d. The affected boiler/burners/Diesel Fire Pumps and 

associated emission units subject to testing 

requirements established by State Construction and 

Operating Permits, which have been attached hereto 

and incorporated herein by reference (see Attachment 

4). 

7.5.8 Monitoring Requirements 

a. The Permittee shall conduct a qualitative visible 

emissions observation once each day to observe for 

the presence of abnormal visible emissions. 

7.5.9 Recordkeeping Requirements 

In addition to the records required by Condition 5.6, the 

Permittee shall maintain records of the following items 

for the affected boiler/ burners to demonstrate compliance 

with Conditions 5.5.1, 7.5.3, and 7.5.6, pursuant to 

Section 39.5(7)(b) of the Act: 

a. Records for Startup: 

The Permittee shall maintain the following records, 

pursuant to Section 39.5(7)(b) of the Act: 

The following information for each startup of each 

coal affected boiler: 
54 

i. Date and duration of the startup, i.e., start 

time and time normal operation achieved, i.e., 

stable operation at load; 

ii. If normal operation was not achieved within 

six hours, an explanation why startup could 

not be achieved within six hours; 

iii. A detailed description of the startup, 

including reason for operation and whether 

preheating with oil, gas or any other 

combustible was performed and whether 

combustion parameters were monitored and 

adjusted so as to minimize emissions; 

iv. An explanation why preheating, combustion 

parameter monitoring and adjusting, and other 

established startup procedures could not be 

performed, if not performed; 

v. The amount of release above typical emissions 

during startup for CO and PM; 

vi. Whether exceedance of Condition 5.2.2(b) may 

have occurred during startup, with explanation 

and estimated duration (minutes). 

b. Records for Malfunctions and Breakdowns of an 

affected boiler: 

The Permittee shall maintain records, pursuant to 35 

IAC 201.263, of continued operation of an affected 

coal boiler during malfunctions and breakdown of an 

affected coal boiler or the control system of an 

affected boiler, which as a minimum, shall include: 

i. Date and duration of malfunction or breakdown; 

ii. A detailed explanation of the malfunction or 

breakdown; 

iii. An explanation why the damaged feature(s) 

could not be immediately repaired or the 

affected coal boiler removed from service 

without risk of injury to personnel, patients, 

or severe damage to equipment; 

iv. The measures used to reduce the quantity of 

emissions and the duration of the event; 

v. The steps taken to prevent similar 

malfunctions or breakdowns or reduce their 

frequency and severity; 
55 

vi. The amount of release above typical emissions 

during malfunction/breakdown; 

vii. A maintenance and repair log for each affected 

coal boiler, listing each activity performed 

with date. 

c. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable recordkeeping requirements 

established in 35 IAC Part 212 Subpart A: General 

Provisions and 35 IAC Part 212 Subpart B: Visible 

Emissions. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

d. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable recordkeeping requirements 

established in 35 IAC Part 212 Subpart A: General 

Provisions and 35 IAC Part 212 Subpart E: 

Particulate Matter Emissions From Fuel Combustion 

Emission Units. This regulation is attached hereto 

and incorporated herein by reference (see Attachment 

3). 

e. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable recordkeeping requirements 

established in 35 IAC Part 214 Subpart A: General 

Provisions and 35 IAC Part 214 Subpart B: Sulfur 

Limitations for New Fuel Combustion Emission Sources. 

This regulation is attached hereto and incorporated 

herein by reference (see Attachment 3). 

f. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable recordkeeping requirements 

established in 35 IAC Part 216 Subpart A: General 

Provisions and 35 IAC Part 216 Subpart B: Carbon 

Monoxide Emissions from Fuel Combustion Emission 

Sources. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

g. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable recordkeeping requirements 

established in State Construction and Operating 

Permits. The State Construction and Operating 

Permits have been attached hereto and incorporated 

herein by reference (see Attachment 4). 

h. The affected associated emission units are subject to 

the applicable recordkeeping requirements established 

in 35 IAC Part 212, Subpart A: General Provisions 

and 35 IAC Part 212 Subpart L: Particulate Matter 

Emissions from Process Emission Sources. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3). 
56 

i. Records addressing use of good operating practices 

for the control equipment: 

i. Records for periodic inspection of the control 

equipment with date, individual performing the 

inspection, and nature of inspection; and 

ii. Records for prompt repair of defects, with 

identification and description of defect, 

effect on emissions, date identified, date 

repaired, and nature of repair. 

j. Records addressing Bituminous and Subbituminous coal 

consumption per emission unit (ton/month and 

ton/year). 

k. Records addressing No 2 Fuel Oil consumption 

(gal/month and gal/year) and sulfur content as fired 

per emission unit (wt %). 

l. Records addressing Natural Gas consumption per 

emission unit (scf/month and scf/year). 

m. Records addressing vegetable oil consumption per 

emission unit (gal/month and gal/year). 

n. The affected boiler/ burners/ Diesel Fire Pumps and 

associated emission units emissions, with supporting 

calculations, shall be maintained, as determined by 

the procedures in Condition 7.5.12 to demonstrate 

compliance to Conditions 5.5.2 and 7.5.6. 

7.5.10 Reporting Requirements 

The Permittee shall promptly notify the Illinois EPA, 

Compliance Section, of deviations of the affected boiler 

with the permit requirements as follows, pursuant to 

Section 39.5(7)(f)(ii) of the Act. Reports shall describe 

the probable cause of such deviations, and any corrective 

actions or preventive measures taken: 

a. Reporting of Malfunctions and Breakdowns for affected 

coal boilers 

The Permittee shall provide the following 

notification and reports to the Illinois EPA, 

Compliance Section and Regional Field Office, 

pursuant to 35 IAC 201.263, concerning continued 

operation of affected coal boiler during malfunction 

or breakdown of an affected coal boiler or the 

control system of an affected coal boiler: 

i. The Permittee shall notify the Illinois EPA’s 

regional office by telephone as soon as 
57 

possible during normal working hours, but no 

later than three (3) days, upon the occurrence 

of noncompliance due to malfunction, or 

breakdown. 

ii. Upon achievement of compliance, the Permittee 

shall give a written follow-up notice to the 

Illinois EPA within 30 days, Compliance 

Section and Regional Field Office, providing a 

detailed explanation of the event, an 

explanation why continued operation of the 

affected coal boiler was necessary, the length 

of time during which operation continued under 

such conditions, the measures taken by the 

Permittee to minimize and correct deficiencies 

with chronology, and when the repairs were 

completed or when the affected coal boiler was 

taken out of service. 

b. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable reporting requirements 

established in 35 IAC Part 212 Subpart A: General 

Provisions and 35 IAC Part 212 Subpart B: Visible 

Emissions. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

c. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable reporting requirements 

established in 35 IAC Part 212 Subpart A: General 

Provisions and 35 IAC Part 212 Subpart E: 

Particulate Matter Emissions From Fuel Combustion 

Emission Units. This regulation is attached hereto 

and incorporated herein by reference (see Attachment 

3). 

d. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable reporting requirements 

established in 35 IAC Part 214 Subpart A: General 

Provisions and 35 IAC Part 214 Subpart B: Sulfur 

Limitations for New Fuel Combustion Emission Sources. 

This regulation is attached hereto and incorporated 

herein by reference (see Attachment 3). 

e. The affected boilers/burners/Diesel Fire Pumps are 

subject to the applicable reporting requirements 

established in 35 IAC Part 216 Subpart A: General 

Provisions and 35 IAC Part 216 Subpart B: Carbon 

Monoxide Emissions from Fuel Combustion Emission 

Sources. This regulation is attached hereto and 

incorporated herein by reference (see Attachment 3). 

f. The affected boilers/burners/Diesel Fire Pumps and 

associated emission units are subject to the 

applicable reporting requirements established in 
58 

State Construction and Operating Permits. The State 

Construction and Operating Permits have been attached 

hereto and incorporated herein by reference (see 

Attachment 4). 

g. The affected associated emission units are subject to 

the applicable reporting requirements established in 

35 IAC Part 212, Subpart A: General Provisions and 

35 IAC Part 212 Subpart L: Particulate Matter 

Emissions from Process Emission Sources. This 

regulation is attached hereto and incorporated herein 

by reference (see Attachment 3). 

h. Emissions from or operation of an affected 

boiler/burner/Diesel Fire Pump or an associated 

emission unit in excess of the limits specified in 

Conditions 7.5.3, 7.5.5, and 7.5.6 within 30 days of 

such occurrence. 

7.5.11 Operational Flexibility/Anticipated Operating Scenarios 

N/A 

7.5.12 Compliance Procedures 

a. Compliance with the emission limits in Condition 

7.5.3(g) is demonstrated under inherent operating 

conditions of an affected boiler. 

b. Compliance with the emission limits in Condition 

7.5.3(h) is demonstrated by proper operation of the 

control systems and shall be based on the work 

practice requirements in Condition 7.5.5. 

c. To verify compliance with the opacity limitations of 

5.2.2(b), the Permittee shall conduct a qualitative 

visible emissions observation once each day to 

observe for the presence of abnormal visible 

emissions. 

d. Compliance with the emission limits shall be based on 

the recordkeeping requirements in Condition 7.5.9 and 

the emission factors and data listed below: 

i. The applicable emission factors for the 

Bituminous and Subbituminous Coal Combustion, 

Section 1.1, AP-42, Volume I, Fifth Edition, 

Supplement A, September/1998, or the current 

edition; 

ii. Data from analyses of coal representative of 

that combusted in the boilers; 
59 

iii The applicable emission factors for Natural 

Gas-Fired Small Boilers (<100 mmBtu/hr Heat 

Input) from AP-42 Section 1.4 (dated 7/98) , 

or the current edition; 

iv. The applicable emission factors for Natural 

Gas-Fired Boilers (>100 mmBtu/hr Heat Input) 

from AP-42 Section 1.4 (dated 7/98), or the 

current edition; 

v. The applicable emission factors for the No. 2 

Oil-Fired Engine (Diesel-Fired Pump) 

Combustion, Section 3.3, AP-42, Volume I, 

Fifth Edition, Supplement A, October/1998, or 

the current edition; 

vi. The applicable emission factors for the No. 2 

Oil-Fired Boiler Combustion, Section 1.3, 

AP-42, Volume I, Fifth Edition, Supplement A, 

September/1998, or the current edition; 

vii. Data from analyses of No. 2 Fuel Oil 

representative of that combusted in the pumps 

and boilers; 

viii. Engineering estimates on manufacturers’ data; 

ix. The applicable emission factor for SCC 

30201407 from Corn Wet Milling, Section 9.9.7, 

AP-42, Volume 1, Fifth Edition, Supplement A, 

January 1995, or the current edition; 

x. The applicable emission factor for SCC 

30500719 from Cement Manufacturing: Wet 

Process – 3241, AIRS Facility Subsystem Source 

Classification Codes and Emission Factor 

Listing for Criteria Air Pollutants, March 

1990, or the current edition; and 

xi. The results of emission test(s) on the 

affected process or a similar process. The 

emission test(s) shall be the most recent, 

valid and deemed acceptable to the Illinois 

EPA. 
60 

8.0 GENERAL PERMIT CONDITIONS 

8.1 Permit Shield 

Pursuant to Section 39.5(7)(j) of the Act, the Permittee has 

requested and has been granted a permit shield. This permit 

shield provides that compliance with the conditions of this 

permit shall be deemed compliance with applicable requirements 

which were applicable as of the date the proposed permit for this 

source was issued, provided that either the applicable 

requirements are specifically identified within this permit, or 

the Illinois EPA, in acting on this permit application, has 

determined that other requirements specifically identified are 

not applicable to this source and this determination (or a 

concise summary thereof) is included in this permit. 

This permit shield does not extend to applicable requirements 

which are promulgated after October 10, 2003 (the date of 

issuance of the draft permit) unless this permit has been 

modified to reflect such new requirements. 

8.2 Applicability of Title IV Requirements (Acid Deposition Control) 

This source is not an affected source under Title IV of the CAA 

and is not subject to requirements pursuant to Title IV of the 

CAA. 

8.3 Emissions Trading Programs 

No permit revision shall be required for increases in emissions 

allowed under any USEPA approved economic incentives, marketable 

permits, emissions trading, and other similar programs or 

processes for changes that are provided for elsewhere in this 

permit and that are authorized by the applicable requirement 

[Section 39.5(7)(o)(vii) of the Act]. 

As of the date of issuance of this permit, there are no such 

economic incentive, marketable permit or emission trading 

programs that have been approved by USEPA. 

8.4 Operational Flexibility/Anticipated Operating Scenarios 

8.4.1 Changes Specifically Addressed by Permit 

Physical or operational changes specifically addressed by 

the Conditions of this permit that have been identified as 

not requiring Illinois EPA notification may be implemented 

without prior notice to the Illinois EPA. 

8.4.2 Changes Requiring Prior Notification 

The Permittee is authorized to make physical or 

operational changes that contravene express permit terms 
61 

without applying for or obtaining an amendment to this 

permit, provided that [Section 39.5(12)(a)(i) of the 

Act]: 

a. The changes do not violate applicable requirements; 

b. The changes do not contravene federally enforceable 

permit terms or conditions that are monitoring 

(including test methods), recordkeeping, reporting, 

or compliance certification requirements; 

c. The changes do not constitute a modification under 

Title I of the CAA; 

d. Emissions will not exceed the emissions allowed under 

this permit following implementation of the physical 

or operational change; and 

e. The Permittee provides written notice to the Illinois 

EPA, Division of Air Pollution Control, Permit 

Section, at least 7 days before commencement of the 

change. This notice shall: 

i. Describe the physical or operational change; 

ii. Identify the schedule for implementing the 

physical or operational change; 

iii. Provide a statement of whether or not any New 

Source Performance Standard (NSPS) is 

applicable to the physical or operational 

change and the reason why the NSPS does or 

does not apply; 

iv. Provide emission calculations which 

demonstrate that the physical or operational 

change will not result in a modification; and 

v. Provide a certification that the physical or 

operational change will not result in 

emissions greater than authorized under the 

Conditions of this permit. 

8.5 Testing Procedures 

Tests conducted to measure composition of materials, efficiency 

of pollution control devices, emissions from process or control 

equipment, or other parameters shall be conducted using standard 

test methods. Documentation of the test date, conditions, 

methodologies, calculations, and test results shall be retained 

pursuant to the recordkeeping procedures of this permit. Reports 

of any tests conducted as required by this permit or as the 

result of a request by the Illinois EPA shall be submitted as 

specified in Condition 8.6. 
62 

8.6 Reporting Requirements 

8.6.1 Monitoring Reports 

If monitoring is required by any applicable requirements 

or conditions of this permit, a report summarizing the 

required monitoring results, as specified in the 

conditions of this permit, shall be submitted to the Air 

Compliance Section of the Illinois EPA every six months as 

follows [Section 39.5(7)(f) of the Act]: 

Monitoring Period Report Due Date

 

January - June September 1 

July - December March 1 

All instances of deviations from permit requirements must 

be clearly identified in such reports. All such reports 

shall be certified in accordance with Condition 9.9. 

8.6.2 Test Notifications 

Unless otherwise specified elsewhere in this permit, a 

written test plan for any test required by this permit 

shall be submitted to the Illinois EPA for review at least 

60 days prior to the testing pursuant to Section 

39.5(7)(a) of the Act. The notification shall include at 

a minimum: 

a. The name and identification of the affected unit(s); 

b. The person(s) who will be performing sampling and 

analysis and their experience with similar tests; 

c. The specific conditions under which testing will be 

performed, including a discussion of why these 

conditions will be representative of maximum 

emissions and the means by which the operating 

parameters for the source and any control equipment 

will be determined; 

d. The specific determination of emissions and operation 

which are intended to be made, including sampling and 

monitoring locations; 

e. The test method(s) which will be used, with the 

specific analysis method, if the method can be used 

with different analysis methods; 

f. Any minor changes in standard methodology proposed to 

accommodate the specific circumstances of testing, 

with justification; and 
63 

g. Any proposed use of an alternative test method, with 

detailed justification. 

8.6.3 Test Reports 

Unless otherwise specified elsewhere in this permit, the 

results of any test required by this permit shall be 

submitted to the Illinois EPA within 60 days of completion 

of the testing. The test report shall include at a 

minimum [Section 39.5(7)(e)(i) of the Act]: 

a. The name and identification of the affected unit(s); 

b. The date and time of the sampling or measurements; 

c. The date any analyses were performed; 

d. The name of the company that performed the tests 

and/or analyses; 

e. The test and analytical methodologies used; 

f. The results of the tests including raw data, and/or 

analyses including sample calculations; 

g. The operating conditions at the time of the sampling 

or measurements; and 

h. The name of any relevant observers present including 

the testing company’s representatives, any Illinois 

EPA or USEPA representatives, and the representatives 

of the source. 

8.6.4 Reporting Addresses 

a. The following addresses should be utilized for the 

submittal of reports, notifications, and renewals: 

i. Illinois EPA - Air Compliance Section 

Illinois Environmental Protection Agency 

Bureau of Air 

Compliance Section (MC 40) 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

ii. Illinois EPA - Air Regional Field Office 

Illinois Environmental Protection Agency 

Division of Air Pollution Control 

5415 North University 

Peoria, Illinois 61614 
64 

iii. Illinois EPA - Air Permit Section (MC 11) 

Illinois Environmental Protection Agency 

Division of Air Pollution Control 

Permit Section 

P.O. Box 19506 

Springfield, Illinois 62794-9506 

iv. USEPA Region 5 - Air Branch 

USEPA (AE - 17J) 

Air & Radiation Division 

77 West Jackson Boulevard 

Chicago, Illinois 60604 

b. Unless otherwise specified in the particular 

provision of this permit, reports shall be sent to 

the Illinois EPA - Air Compliance Section with a copy 

sent to the Illinois EPA - Air Regional Field Office. 

8.7 Obligation to Comply with Title I Requirements 

Any term, condition, or requirement identified in this permit by 

T1, T1R, or T1N is established or revised pursuant to 35 IAC Part 

203 or 40 CFR 52.21 (“Title I provisions”) and incorporated into 

this permit pursuant to both Section 39.5 and Title I provisions. 

Notwithstanding the expiration date on the first page of this 

permit, the Title I conditions remain in effect pursuant to Title 

I provisions until the Illinois EPA deletes or revises them in 

accordance with Title I procedures. 
65 

9.0 STANDARD PERMIT CONDITIONS 

9.1 Effect of Permit 

9.1.1 The issuance of this permit does not release the Permittee 

from compliance with State and Federal regulations which 

are part of the Illinois State Implementation Plan, as 

well as with other applicable statutes and regulations of 

the United States or the State of Illinois or applicable 

ordinances, except as specifically stated in this permit 

and as allowed by law and rule [Section 39.5(7)(j)(iv) of 

the Act]. 

9.1.2 In particular, this permit does not alter or affect the 

following: 

a. The provisions of Section 303 (emergency powers) of 

the CAA, including USEPA's authority under that 

Section; 

b. The liability of an owner or operator of a source for 

any violation of applicable requirements prior to or 

at the time of permit issuance; 

c. The applicable requirements of the acid rain program 

consistent with Section 408(a) of the CAA; and 

d. The ability of USEPA to obtain information from a 

source pursuant to Section 114 (inspections, 

monitoring, and entry) of the CAA. 

9.1.3 Notwithstanding the conditions of this permit specifying 

compliance practices for applicable requirements, any 

person (including the Permittee) may also use other 

credible evidence to establish compliance or noncompliance 

with applicable requirements. 

9.2 General Obligations of Permittee 

9.2.1 Duty to Comply 

The Permittee must comply with all terms and conditions of 

this permit. Any permit noncompliance constitutes a 

violation of the CAA and the Act, and is grounds for any 

or all of the following: enforcement action, permit 

termination, revocation and reissuance, modification, or 

denial of a permit renewal application [Section 

39.5(7)(o)(i) of the Act]. 

The Permittee shall meet applicable requirements that 

become effective during the permit term in a timely manner 

unless an alternate schedule for compliance with the 

applicable requirement is established. 
66 

9.2.2 Duty to Maintain Equipment 

The Permittee shall maintain all equipment covered under 

this permit in such a manner that the performance or 

operation of such equipment shall not cause a violation of 

applicable requirements. 

9.2.3 Duty to Cease Operation 

No person shall cause, threaten or allow the continued 

operation of any emission unit during malfunction or 

breakdown of the emission unit or related air pollution 

control equipment if such operation would cause a 

violation of an applicable emission standard, regulatory 

requirement, ambient air quality standard or permit 

limitation unless such malfunction or breakdown is allowed 

by a permit condition [Section 39.5(6)(c) of the Act]. 

9.2.4 Disposal Operations 

The source shall be operated in such a manner that the 

disposal of air contaminants collected by the equipment 

operations, or activities shall not cause a violation of 

the Act or regulations promulgated thereunder. 

9.2.5 Duty to Pay Fees 

The Permittee must pay fees to the Illinois EPA consistent 

with the fee schedule approved pursuant to Section 

39.5(18) of the Act, and submit any information relevant 

thereto [Section 39.5(7)(o)(vi) of the Act]. The check 

should be payable to "Treasurer, State of Illinois" and 

sent to: Fiscal Services Section, Illinois Environmental 

Protection Agency, P.O. Box 19276, Springfield, Illinois 

62794-9276. 

9.3 Obligation to Allow Illinois EPA Surveillance 

Upon presentation of proper credentials and other documents, the 

Permittee shall allow the Illinois EPA, or an authorized 

representative to perform the following [Section 39.5(7)(a) and 

(p)(ii) of the Act and 415 ILCS 5/4]: 

a. Enter upon the Permittee's premises where an actual or 

potential emission unit is located; where any regulated 

equipment, operation, or activity is located or where 

records must be kept under the conditions of this permit; 

b. Have access to and copy, at reasonable times, any records 

that must be kept under the conditions of this permit; 

c. Inspect during hours of operation any sources, equipment 

(including monitoring and air pollution control 
67 

equipment), practices, or operations regulated or required 

under this permit; 

d. Sample or monitor any substances or parameters at any 

location: 

i. At reasonable times, for the purposes of assuring 

permit compliance; or 

ii. As otherwise authorized by the CAA, or the Act. 

e. Obtain and remove samples of any discharge or emission of 

pollutants authorized by this permit; and 

f. Enter and utilize any photographic, recording, testing, 

monitoring, or other equipment for the purposes of 

preserving, testing, monitoring, or recording any 

activity, discharge or emission at the source authorized 

by this permit. 

9.4 Obligation to Comply With Other Requirements 

The issuance of this permit does not release the Permittee from 

applicable State and Federal laws and regulations, and applicable 

local ordinances addressing subjects other than air pollution 

control. 

9.5 Liability 

9.5.1 Title 

This permit shall not be considered as in any manner 

affecting the title of the premises upon which the 

permitted source is located. 

9.5.2 Liability of Permittee 

This permit does not release the Permittee from any 

liability for damage to person or property caused by or 

resulting from the construction, maintenance, or operation 

of the sources. 

9.5.3 Structural Stability 

This permit does not take into consideration or attest to 

the structural stability of any unit or part of the 

source. 

9.5.4 Illinois EPA Liability 

This permit in no manner implies or suggests that the 

Illinois EPA (or its officers, agents or employees) 

assumes any liability, directly or indirectly, for any 
68 

loss due to damage, installation, maintenance, or 

operation of the source. 

9.5.5 Property Rights 

This permit does not convey any property rights of any 

sort, or any exclusive privilege [Section 39.5(7)(o)(iv) 

of the Act]. 

9.6 Recordkeeping 

9.6.1 Control Equipment Maintenance Records 

A maintenance record shall be kept on the premises for 

each item of air pollution control equipment. As a 

minimum, this record shall show the dates of performance 

and nature of preventative maintenance activities. 

9.6.2 Records of Changes in Operation 

A record shall be kept describing changes made at the 

source that result in emissions of a regulated air 

pollutant subject to an applicable requirement, but not 

otherwise regulated under this permit, and the emissions 

resulting from those changes [Section 39.5(12)(b)(iv) of 

the Act]. 

9.6.3 Retention of Records 

a. Records of all monitoring data and support 

information shall be retained for a period of at 

least 5 years from the date of the monitoring sample, 

measurement, report, or application. Support 

information includes all calibration and maintenance 

records, original strip-chart recordings for 

continuous monitoring instrumentation, and copies of 

all reports required by this permit [Section 

39.5(7)(e)(ii) of the Act]. 

b. Other records required by this permit shall be 

retained for a period of at least 5 years from the 

date of entry unless a longer period is specified by 

a particular permit provision. 

9.7 Annual Emissions Report 

The Permittee shall submit an annual emissions report to the 

Illinois EPA, Compliance Section no later than May 1 of the 

following year, as required by 35 IAC Part 254. 

9.8 Requirements for Compliance Certification 

Pursuant to Section 39.5(7)(p)(v) of the Act, the Permittee shall 

submit annual compliance certifications. The compliance 
69 

certifications shall be submitted no later than May 1 or more 

frequently as specified in the applicable requirements or by 

permit condition. The compliance certifications shall be 

submitted to the Air Compliance Section, Air Regional Field 

Office, and USEPA Region 5 – Air Branch. The addresses for the 

submittal of the compliance certifications are provided in 

Condition 8.6.4 of this permit. 

a. The certification shall include the identification of each 

term or condition of this permit that is the basis of the 

certification; the compliance status; whether compliance 

was continuous or intermittent; the method(s) used for 

determining the compliance status of the source, both 

currently and over the reporting period consistent with 

the conditions of this permit. 

b. All compliance certifications shall be submitted to USEPA 

Region 5 in Chicago as well as to the Illinois EPA. 

c. All compliance reports required to be submitted shall 

include a certification in accordance with Condition 9.9. 

9.9 Certification 

Any document (including reports) required to be submitted by this 

permit shall contain a certification by a responsible official of 

the Permittee that meets the requirements of Section 39.5(5) of 

the Act [Section 39.5(7)(p)(i) of the Act]. An example 

Certification by a Responsible Official is included as an 

attachment to this permit. 

9.10 Defense to Enforcement Actions 

9.10.1 Need to Halt or Reduce Activity Not a Defense 

It shall not be a defense for the Permittee in an 

enforcement action that it would have been necessary to 

halt or reduce the permitted activity in order to maintain 

compliance with the conditions of this permit [Section 

39.5(7)(o)(ii) of the Act]. 

9.10.2 Emergency Provision 

a. An emergency shall be an affirmative defense to an 

action brought for noncompliance with the technologybased emission limitations under this permit if the 

following conditions are met through properly signed, 

contemporaneous operating logs, or other relevant 

evidence: 

i. An emergency occurred as provided in Section 

39.5(7)(k) of the Act and the Permittee can 

identify the cause(s) of the emergency. 
70 

Normally, an act of God such as lightning or 

flood is considered an emergency; 

ii. The permitted source was at the time being 

properly operated; 

iii. The Permittee submitted notice of the 

emergency to the Illinois EPA within two 

working days of the time when emission 

limitations were exceeded due to the 

emergency. This notice must contain a 

detailed description of the emergency, any 

steps taken to mitigate emissions, and 

corrective actions taken; and 

iv. During the period of the emergency the 

Permittee took all reasonable steps to 

minimize levels of emissions that exceeded the 

emission limitations, standards, or 

regulations in this permit. 

b. This provision is in addition to any emergency or 

upset provision contained in any applicable 

requirement. This provision does not relieve a 

Permittee of any reporting obligations under existing 

federal or state laws or regulations. 

9.11 Permanent Shutdown 

This permit only covers emission units and control equipment 

while physically present at the indicated source location(s). 

Unless this permit specifically provides for equipment 

relocation, this permit is void for the operation or activity of 

any item of equipment on the date it is removed from the 

permitted location(s) or permanently shut down. This permit 

expires if all equipment is removed from the permitted 

location(s), notwithstanding the expiration date specified on 

this permit. 

9.12 Reopening and Reissuing Permit for Cause 

9.12.1 Permit Actions 

This permit may be modified, reopened, and reissued, for 

cause pursuant to Section 39.5(15) of the Act. The filing 

of a request by the Permittee for a permit modification, 

revocation, and reissuance, or of a notification of 

planned changes or anticipated noncompliance does not stay 

any permit condition [Section 39.5(7)(o)(iii) of the 

Act]. 
71 

9.12.2 Reopening and Revision 

This permit must be reopened and revised if any of the 

following occur [Section 39.5(15)(a) of the Act]: 

a. Additional requirements become applicable to the 

equipment covered by this permit and three or more 

years remain before expiration of this permit; 

b. Additional requirements become applicable to an 

affected source for acid deposition under the acid 

rain program; 

c. The Illinois EPA or USEPA determines that this permit 

contains a material mistake or inaccurate statement 

when establishing the emission standards or 

limitations, or other terms or conditions of this 

permit; and 

d. The Illinois EPA or USEPA determines that this permit 

must be revised to ensure compliance with the 

applicable requirements of the Act. 

9.12.3 Inaccurate Application 

The Illinois EPA has issued this permit based upon the 

information submitted by the Permittee in the permit 

application. Any misinformation, false statement or 

misrepresentation in the application shall be grounds for 

revocation under Section 39.5(15)(b) of the Act. 

9.12.4 Duty to Provide Information 

The Permittee shall furnish to the Illinois EPA, within a 

reasonable time specified by the Illinois EPA any 

information that the Illinois EPA may request in writing 

to determine whether cause exists for modifying, revoking 

and reissuing, or terminating this permit, or to determine 

compliance with this permit. Upon request, the Permittee 

shall also furnish to the Illinois EPA copies of records 

required to be kept by this permit, or for information 

claimed to be confidential, the Permittee may furnish such 

records directly to USEPA along with a claim of 

confidentiality [Section 39.5(7)(o)(v) of the Act]. 

9.13 Severability Clause 

The provisions of this permit are severable, and should any one 

or more be determined to be illegal or unenforceable, the 

validity of the other provisions shall not be affected. The 

rights and obligations of the Permittee shall be construed and 

enforced as if this permit did not contain the particular 

provisions held to be invalid and the applicable requirements 
72 

underlying these provisions shall remain in force [Section 

39.5(7)(i) of the Act]. 

9.14 Permit Expiration and Renewal 

The right to operate terminates on the expiration date unless the 

Permittee has submitted a timely and complete renewal 

application. For a renewal to be timely it must be submitted no 

later than 9 and no sooner than 12 months prior to expiration. 

The equipment may continue to operate during the renewal period 

until final action is taken by the Illinois EPA, in accordance 

with the original permit conditions [Section 39.5(5)(l), (n), 

and (o) of the Act]. 
1-1 

10.0 ATTACHMENTS 

10.1 Attachment 1 Applicable National Emission Standards for Hazardous 

Air Pollutants (NESHAP) 

TITLE 40--PROTECTION OF ENVIRONMENT

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY 

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

FOR SOURCE CATEGORIES

Subpart A--General Provisions

Source: 59 FR 12430, Mar. 16, 1994, unless otherwise noted. 

Sec. 63.1 Applicability. 

(a) General. 

(1) Terms used throughout this part are defined in Sec. 

63.2 or in the Clean Air Act (Act) as amended in 

1990, except that individual subparts of this part 

may include specific definitions in addition to or 

that supersede definitions in Sec. 63.2. 

(2) This part contains national emission standards for 

hazardous air pollutants (NESHAP) established 

pursuant to section 112 of the Act as amended 

November 15, 1990. These standards regulate specific 

categories of stationary sources that emit (or have 

the potential to emit) one or more hazardous air 

pollutants listed in this part pursuant to section 

112(b) of the Act. This section explains the 

applicability of such standards to sources affected 

by them. The standards in this part are independent 

of NESHAP contained in 40 CFR part 61. The NESHAP in 

part 61 promulgated by signature of the Administrator 

before November 15, 1990 (i.e., the date of enactment 

of the Clean Air Act Amendments of 1990) remain in 

effect until they are amended, if appropriate, and 

added to this part. 

(3) No emission standard or other requirement established 

under this part shall be interpreted, construed, or 

applied to diminish or replace the requirements of a 

more stringent emission limitation or other 

applicable requirement established by the 

Administrator pursuant to other authority of the Act 

(including those requirements in part 60 of this 

chapter), or a standard issued under State authority. 

(4) The provisions of this subpart (i.e., subpart A of 

this part) apply to owners or operators who are 

subject to subsequent subparts of this part, except 
1-2 

when otherwise specified in a particular subpart or 

in a relevant standard. The general provisions in 

subpart A eliminate the repetition of requirements 

applicable to all owners or operators affected by 

this part. The general provisions in subpart A do 

not apply to regulations developed pursuant to 

section 112(r) of the amended Act, unless otherwise 

specified in those regulations. 

(5) [Reserved] 

(6) To obtain the most current list of categories of 

sources to be regulated under section 112 of the Act, 

or to obtain the most recent regulation promulgation 

schedule established pursuant to section 112(e) of 

the Act, contact the Office of the Director, Emission 

Standards Division, Office of Air Quality Planning 

and Standards, U.S. EPA (MD-13), Research Triangle 

Park, North Carolina 27711. 

(7) Subpart D of this part contains regulations that 

address procedures for an owner or operator to obtain 

an extension of compliance with a relevant standard 

through an early reduction of emissions of hazardous 

air pollutants pursuant to section 112(i)(5) of the 

Act. 

(8) Subpart E of this part contains regulations that 

provide for the establishment of procedures 

consistent with section 112(l) of the Act for the 

approval of State rules or programs to implement and 

enforce applicable Federal rules promulgated under 

the authority of section 112. Subpart E also 

establishes procedures for the review and withdrawal 

of section 112 implementation and enforcement 

authorities granted through a section 112(l) 

approval. 

(9) [Reserved] 

(10) For the purposes of this part, time periods specified 

in days shall be measured in calendar days, even if 

the word “calendar” is absent, unless otherwise 

specified in an applicable requirement. 

(11) For the purposes of this part, if an explicit 

postmark deadline is not specified in an applicable 

requirement for the submittal of a notification, 

application, test plan, report, or other written 

communication to the Administrator, the owner or 

operator shall postmark the submittal on or before 

the number of days specified in the applicable 

requirement. For example, if a notification must be 

submitted 15 days before a particular event is 
1-3 

scheduled to take place, the notification shall be 

postmarked on or before 15 days preceding the event; 

likewise, if a notification must be submitted 15 days 

after a particular event takes place, the 

notification shall be postmarked on or before 15 days 

following the end of the event. The use of reliable 

non-Government mail carriers that provide indications 

of verifiable delivery of information required to be 

submitted to the Administrator, similar to the 

postmark provided by the U.S. Postal Service, or 

alternative means of delivery agreed to by the 

permitting authority, is acceptable. 

(12) Notwithstanding time periods or postmark deadlines 

specified in this part for the submittal of 

information to the Administrator by an owner or 

operator, or the review of such information by the 

Administrator, such time periods or deadlines may be 

changed by mutual agreement between the owner or 

operator and the Administrator. Procedures governing 

the implementation of this provision are specified in 

Sec. 63.9(i). 

(13) Special provisions set forth under an applicable 

subpart of this part or in a relevant standard 

established under this part shall supersede any 

conflicting provisions of this subpart. 

(14) Any standards, limitations, prohibitions, or other 

federally enforceable requirements established 

pursuant to procedural regulations in this part 

[including, but not limited to, equivalent emission 

limitations established pursuant to section 112(g) of 

the Act] shall have the force and effect of 

requirements promulgated in this part and shall be 

subject to the provisions of this subpart, except 

when explicitly specified otherwise. 

(b) Initial applicability determination for this part. 

(1) The provisions of this part apply to the owner or 

operator of any stationary source that— 

(i) Emits or has the potential to emit any 

hazardous air pollutant listed in or pursuant 

to section 112(b) of the Act; and 

(ii) Is subject to any standard, limitation, 

prohibition, or other federally enforceable 

requirement established pursuant to this part. 

(2) In addition to complying with the provisions of this 

part, the owner or operator of any such source may be 

required to obtain an operating permit issued to 
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stationary sources by an authorized State air 

pollution control agency or by the Administrator of 

the U.S. Environmental Protection Agency (EPA) 

pursuant to title V of the Act (42 U.S.C. 7661). For 

more information about obtaining an operating permit, 

see part 70 of this chapter. 

(3) An owner or operator of a stationary source that 

emits (or has the potential to emit, without 

considering controls) one or more hazardous air 

pollutants who determines that the source is not 

subject to a relevant standard or other requirement 

established under this part, shall keep a record of 

the applicability determination as specified in Sec. 

63.10(b)(3) of this subpart. 

(c) Applicability of this part after a relevant standard has 

been set under this part. 

(1) If a relevant standard has been established under 

this part, the owner or operator of an affected 

source shall comply with the provisions of this 

subpart and the provisions of that standard, except 

as specified otherwise in this subpart or that 

standard. 

(2) If a relevant standard has been established under 

this part, the owner or operator of an affected 

source may be required to obtain a title V permit 

from the permitting authority in the State in which 

the source is located. Emission standards 

promulgated in this part for area sources will 

specify whether— 

(i) States will have the option to exclude area 

sources affected by that standard from the 

requirement to obtain a title V permit (i.e., 

the standard will exempt the category of area 

sources altogether from the permitting 

requirement); 

(ii) States will have the option to defer 

permitting of area sources in that category 

until the Administrator takes rulemaking 

action to determine applicability of the 

permitting requirements; or 

(iii) Area sources affected by that emission 

standard are immediately subject to the 

requirement to apply for and obtain a title V 

permit in all States. If a standard fails to 

specify what the permitting requirements will 

be for area sources affected by that standard, 

then area sources that are subject to the 
1-5 

standard will be subject to the requirement to 

obtain a title V permit without deferral. If 

the owner or operator is required to obtain a 

title V permit, he or she shall apply for such 

permit in accordance with part 70 of this 

chapter and applicable State regulations, or 

in accordance with the regulations contained 

in this chapter to implement the Federal title 

V permit program (42 U.S.C. 7661), whichever 

regulations are applicable. 

(3) [Reserved] 

(4) If the owner or operator of an existing source 

obtains an extension of compliance for such source in 

accordance with the provisions of subpart D of this 

part, the owner or operator shall comply with all 

requirements of this subpart except those 

requirements that are specifically overridden in the 

extension of compliance for that source. 

(5) If an area source that otherwise would be subject to 

an emission standard or other requirement established 

under this part if it were a major source 

subsequently increases its emissions of hazardous air 

pollutants (or its potential to emit hazardous air 

pollutants) such that the source is a major source 

that is subject to the emission standard or other 

requirement, such source also shall be subject to the 

notification requirements of this subpart. 

(d) [Reserved] 

(e) Applicability of permit program before a relevant standard 

has been set under this part. After the effective date of 

an approved permit program in the State in which a 

stationary source is (or would be) located, the owner or 

operator of such source may be required to obtain a title 

V permit from the permitting authority in that State (or 

revise such a permit if one has already been issued to the 

source) before a relevant standard is established under 

this part. If the owner or operator is required to obtain 

(or revise) a title V permit, he/she shall apply to obtain 

(or revise) such permit in accordance with the regulations 

contained in part 70 of this chapter and applicable State 

regulations, or the regulations codified in this chapter 

to implement the Federal title V permit program (42 U.S.C. 

7661), whichever regulations are applicable. 

Sec. 63.2 Definitions. 

The terms used in this part are defined in the Act or in this 

section as follows: 
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Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended 

by Pub. L. 101-549, 104 Stat. 2399). 

Actual emissions is defined in subpart D of this part for the 

purpose of granting a compliance extension for an early reduction 

of hazardous air pollutants. 

Administrator means the Administrator of the United States 

Environmental Protection Agency or his or her authorized 

representative (e.g., a State that has been delegated the 

authority to implement the provisions of this part). 

Affected source, for the purposes of this part, means the 

stationary source, the group of stationary sources, or the 

portion of a stationary source that is regulated by a relevant 

standard or other requirement established pursuant to section 112 

of the Act. Each relevant standard will define the “affected 

source” for the purposes of that standard. The term “affected 

source,” as used in this part, is separate and distinct from any 

other use of that term in EPA regulations such as those 

implementing title IV of the Act. Sources regulated under part 

60 or part 61 of this chapter are not affected sources for the 

purposes of part 63. 

Alternative emission limitation means conditions established 

pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the 

Administrator or by a State with an approved permit program. 

Alternative emission standard means an alternative means of 

emission limitation that, after notice and opportunity for public 

comment, has been demonstrated by an owner or operator to the 

Administrator’s satisfaction to achieve a reduction in emissions 

of any air pollutant at least equivalent to the reduction in 

emissions of such pollutant achieved under a relevant design, 

equipment, work practice, or operational emission standard, or 

combination thereof, established under this part pursuant to 

section 112(h) of the Act. 

Alternative test method means any method of sampling and 

analyzing for an air pollutant that is not a test method in this 

chapter and that has been demonstrated to the Administrator’s 

satisfaction, using Method 301 in Appendix A of this part, to 

produce results adequate for the Administrator’s determination 

that it may be used in place of a test method specified in this 

part. 

Approved permit program means a State permit program approved by 

the Administrator as meeting the requirements of part 70 of this 

chapter or a Federal permit program established in this chapter 

pursuant to title V of the Act (42 U.S.C. 7661). 

Area source means any stationary source of hazardous air 

pollutants that is not a major source as defined in this part. 
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Commenced means, with respect to construction or reconstruction 

of a stationary source, that an owner or operator has undertaken 

a continuous program of construction or reconstruction or that an 

owner or operator has entered into a contractual obligation to 

undertake and complete, within a reasonable time, a continuous 

program of construction or reconstruction. 

Compliance date means the date by which an affected source is 

required to be in compliance with a relevant standard, 

limitation, prohibition, or any federally enforceable requirement 

established by the Administrator (or a State with an approved 

permit program) pursuant to section 112 of the Act. 

Compliance plan means a plan that contains all of the following: 

(1) A description of the compliance status of the affected 

source with respect to all applicable requirements 

established under this part; 

(2) A description as follows: 

(i) For applicable requirements for which the source is 

in compliance, a statement that the source will 

continue to comply with such requirements; 

(ii) For applicable requirements that the source is 

required to comply with by a future date, a statement 

that the source will meet such requirements on a 

timely basis; 

(iii) For applicable requirements for which the source is 

not in compliance, a narrative description of how the 

source will achieve compliance with such requirements 

on a timely basis; 

(3) A compliance schedule, as defined in this section; and 

(4) A schedule for the submission of certified progress 

reports no less frequently than every 6 months for 

affected sources required to have a schedule of compliance 

to remedy a violation. 

Compliance schedule means: 

(1) In the case of an affected source that is in compliance 

with all applicable requirements established under this 

part, a statement that the source will continue to comply 

with such requirements; or 

(2) In the case of an affected source that is required to 

comply with applicable requirements by a future date, a 

statement that the source will meet such requirements on a 

timely basis and, if required by an applicable 
1-8 

requirement, a detailed schedule of the dates by which 

each step toward compliance will be reached; or 

(3) In the case of an affected source not in compliance with 

all applicable requirements established under this part, a 

schedule of remedial measures, including an enforceable 

sequence of actions or operations with milestones and a 

schedule for the submission of certified progress reports, 

where applicable, leading to compliance with a relevant 

standard, limitation, prohibition, or any federally 

enforceable requirement established pursuant to section 

112 of the Act for which the affected source is not in 

compliance. This compliance schedule shall resemble and 

be at least as stringent as that contained in any judicial 

consent decree or administrative order to which the source 

is subject. Any such schedule of compliance shall be 

supplemental to, and shall not sanction noncompliance 

with, the applicable requirements on which it is based. 

Construction means the on-site fabrication, erection, or 

installation of an affected source. 

Continuous emission monitoring system (CEMS) means the total 

equipment that may be required to meet the data acquisition and 

availability requirements of this part, used to sample, condition 

(if applicable), analyze, and provide a record of emissions. 

Continuous monitoring system (CMS) is a comprehensive term that 

may include, but is not limited to, continuous emission 

monitoring systems, continuous opacity monitoring systems, 

continuous parameter monitoring systems, or other manual or 

automatic monitoring that is used for demonstrating compliance 

with an applicable regulation on a continuous basis as defined by 

the regulation. 

Continuous opacity monitoring system (COMS) means a continuous 

monitoring system that measures the opacity of emissions. 

Continuous parameter monitoring system means the total equipment 

that may be required to meet the data acquisition and 

availability requirements of this part, used to sample, condition 

(if applicable), analyze, and provide a record of process or 

control system parameters. 

Effective date means: 

(1) With regard to an emission standard established under this 

part, the date of promulgation in the Federal Register of 

such standard; or 

(2) With regard to an alternative emission limitation or 

equivalent emission limitation determined by the 

Administrator (or a State with an approved permit 

program), the date that the alternative emission 
1-9 

limitation or equivalent emission limitation becomes 

effective according to the provisions of this part. The 

effective date of a permit program established under title 

V of the Act (42 U.S.C. 7661) is determined according to 

the regulations in this chapter establishing such 

programs. 

Emission standard means a national standard, limitation, 

prohibition, or other regulation promulgated in a subpart of this 

part pursuant to sections 112(d), 112(h), or 112(f) of the Act. 

Emissions averaging is a way to comply with the emission 

limitations specified in a relevant standard, whereby an affected 

source, if allowed under a subpart of this part, may create 

emission credits by reducing emissions from specific points to a 

level below that required by the relevant standard, and those 

credits are used to offset emissions from points that are not 

controlled to the level required by the relevant standard. 

EPA means the United States Environmental Protection Agency. 

Equivalent emission limitation means the maximum achievable 

control technology emission limitation (MACT emission limitation) 

for hazardous air pollutants that the Administrator (or a State 

with an approved permit program) determines on a case-by-case 

basis, pursuant to section 112(g) or section 112(j) of the Act, 

to be equivalent to the emission standard that would apply to an 

affected source if such standard had been promulgated by the 

Administrator under this part pursuant to section 112(d) or 

section 112(h) of the Act. 

Excess emissions and continuous monitoring system performance 

report is a report that must be submitted periodically by an 

affected source in order to provide data on its compliance with 

relevant emission limits, operating parameters, and the 

performance of its continuous parameter monitoring systems. 

Existing source means any affected source that is not a new 

source. 

Federally enforceable means all limitations and conditions that 

are enforceable by the Administrator and citizens under the Act 

or that are enforceable under other statutes administered by the 

Administrator. Examples of federally enforceable limitations and 

conditions include, but are not limited to: 

(1) Emission standards, alternative emission standards, 

alternative emission limitations, and equivalent emission 

limitations established pursuant to section 112 of the Act 

as amended in 1990; 

(2) New source performance standards established pursuant to 

section 111 of the Act, and emission standards established 
1-10 

pursuant to section 112 of the Act before it was amended 

in 1990; 

(3) All terms and conditions in a title V permit, including 

any provisions that limit a source’s potential to emit, 

unless expressly designated as not federally enforceable; 

(4) Limitations and conditions that are part of an approved 

State Implementation Plan (SIP) or a Federal 

Implementation Plan (FIP); 

(5) Limitations and conditions that are part of a Federal 

construction permit issued under 40 CFR 52.21 or any 

construction permit issued under regulations approved by 

the EPA in accordance with 40 CFR part 51; 

(6) Limitations and conditions that are part of an operating 

permit issued pursuant to a program approved by the EPA 

into a SIP as meeting the EPA’s minimum criteria for 

Federal enforceability, including adequate notice and 

opportunity for EPA and public comment prior to issuance 

of the final permit and practicable enforceability; 

(7) Limitations and conditions in a State rule or program that 

has been approved by the EPA under subpart E of this part 

for the purposes of implementing and enforcing section 

112; and 

(8) Individual consent agreements that the EPA has legal 

authority to create. 

Fixed capital cost means the capital needed to provide all the 

depreciable components of an existing source. 

Fugitive emissions means those emissions from a stationary source 

that could not reasonably pass through a stack, chimney, vent, or 

other functionally equivalent opening. Under section 112 of the 

Act, all fugitive emissions are to be considered in determining 

whether a stationary source is a major source. 

Hazardous air pollutant means any air pollutant listed in or 

pursuant to section 112(b) of the Act. 

Issuance of a part 70 permit will occur, if the State is the 

permitting authority, in accordance with the requirements of part 

70 of this chapter and the applicable, approved State permit 

program. When the EPA is the permitting authority, issuance of a 

title V permit occurs immediately after the EPA takes final 

action on the final permit. 

Lesser quantity means a quantity of a hazardous air pollutant 

that is or may be emitted by a stationary source that the 

Administrator establishes in order to define a major source under 

an applicable subpart of this part. 
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Major source means any stationary source or group of stationary 

sources located within a contiguous area and under common control 

that emits or has the potential to emit considering controls, in 

the aggregate, 10 tons per year or more of any hazardous air 

pollutant or 25 tons per year or more of any combination of 

hazardous air pollutants, unless the Administrator establishes a 

lesser quantity, or in the case of radionuclides, different 

criteria from those specified in this sentence. 

Malfunction means any sudden, infrequent, and not reasonably 

preventable failure of air pollution control equipment, process 

equipment, or a process to operate in a normal or usual manner. 

Failures that are caused in part by poor maintenance or careless 

operation are not malfunctions. 

New source means any affected source the construction or 

reconstruction of which is commenced after the Administrator 

first proposes a relevant emission standard under this part. 

One-hour period, unless otherwise defined in an applicable 

subpart, means any 60-minute period commencing on the hour. 

Opacity means the degree to which emissions reduce the 

transmission of light and obscure the view of an object in the 

background. For continuous opacity monitoring systems, opacity 

means the fraction of incident light that is attenuated by an 

optical medium. 

Owner or operator means any person who owns, leases, operates, 

controls, or supervises a stationary source. 

Part 70 permit means any permit issued, renewed, or revised 

pursuant to part 70 of this chapter. 

Performance audit means a procedure to analyze blind samples, the 

content of which is known by the Administrator, simultaneously 

with the analysis of performance test samples in order to provide 

a measure of test data quality. 

Performance evaluation means the conduct of relative accuracy 

testing, calibration error testing, and other measurements used 

in validating the continuous monitoring system data. 

Performance test means the collection of data resulting from the 

execution of a test method (usually three emission test runs) 

used to demonstrate compliance with a relevant emission standard 

as specified in the performance test section of the relevant 

standard. 

Permit modification means a change to a title V permit as defined 

in regulations codified in this chapter to implement title V of 

the Act (42 U.S.C. 7661). 
1-12 

Permit program means a comprehensive State operating permit 

system established pursuant to title V of the Act (42 U.S.C. 

7661) and regulations codified in part 70 of this chapter and 

applicable State regulations, or a comprehensive Federal 

operating permit system established pursuant to title V of the 

Act and regulations codified in this chapter. 

Permit revision means any permit modification or administrative 

permit amendment to a title V permit as defined in regulations 

codified in this chapter to implement title V of the Act (42 

U.S.C. 7661). 

Permitting authority means: 

(1) The State air pollution control agency, local agency, 

other State agency, or other agency authorized by the 

Administrator to carry out a permit program under part 70 

of this chapter; or 

(2) The Administrator, in the case of EPA-implemented permit 

programs under title V of the Act (42 U.S.C. 7661). 

Potential to emit means the maximum capacity of a stationary 

source to emit a pollutant under its physical and operational 

design. Any physical or operational limitation on the capacity 

of the stationary source to emit a pollutant, including air 

pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, stored, 

or processed, shall be treated as part of its design if the 

limitation or the effect it would have on emissions is federally 

enforceable. 

Reconstruction means the replacement of components of an affected 

or a previously unaffected stationary source to such an extent 

that: 

(1) The fixed capital cost of the new components exceeds 50 

percent of the fixed capital cost that would be required 

to construct a comparable new source; and 

(2) It is technologically and economically feasible for the 

reconstructed source to meet the relevant standard(s) 

established by the Administrator (or a State) pursuant to 

section 112 of the Act. Upon reconstruction, an affected 

source, or a stationary source that becomes an affected 

source, is subject to relevant standards for new sources, 

including compliance dates, irrespective of any change in 

emissions of hazardous air pollutants from that source. 

Regulation promulgation schedule means the schedule for the 

promulgation of emission standards under this part, established 

by the Administrator pursuant to section 112(e) of the Act and 

published in the Federal Register. 
1-13 

Relevant standard means: 

(1) An emission standard; 

(2) An alternative emission standard; 

(3) An alternative emission limitation; or 

(4) An equivalent emission limitation established pursuant to 

section 112 of the Act that applies to the stationary 

source, the group of stationary sources, or the portion of 

a stationary source regulated by such standard or 

limitation. 

A relevant standard may include or consist of a design, 

equipment, work practice, or operational requirement, or other 

measure, process, method, system, or technique (including 

prohibition of emissions) that the Administrator (or a State) 

establishes for new or existing sources to which such standard or 

limitation applies. Every relevant standard established pursuant 

to section 112 of the Act includes subpart A of this part and all 

applicable appendices of this part or of other parts of this 

chapter that are referenced in that standard. 

Responsible official means one of the following: 

(1) For a corporation: A president, secretary, treasurer, or 

vice president of the corporation in charge of a principal 

business function, or any other person who performs 

similar policy or decision-making functions for the 

corporation, or a duly authorized representative of such 

person if the representative is responsible for the 

overall operation of one or more manufacturing, 

production, or operating facilities and either: 

(i) The facilities employ more than 250 persons or have 

gross annual sales or expenditures exceeding $25 

million (in second quarter 1980 dollars); or 

(ii) The delegation of authority to such representative is 

approved in advance by the Administrator. 

(2) For a partnership or sole proprietorship: a general 

partner or the proprietor, respectively. 

(3) For a municipality, State, Federal, or other public 

agency: either a principal executive officer or ranking 

elected official. For the purposes of this part, a 

principal executive officer of a Federal agency includes 

the chief executive officer having responsibility for the 

overall operations of a principal geographic unit of the 

agency (e.g., a Regional Administrator of the EPA). 
1-14 

(4) or affected sources (as defined in this part) applying for 

or subject to a title V permit: “responsible official” 

shall have the same meaning as defined in part 70 or 

Federal title V regulations in this chapter (42 U.S.C. 

7661), whichever is applicable. 

Run means one of a series of emission or other measurements 

needed to determine emissions for a representative operating 

period or cycle as specified in this part. 

Shutdown means the cessation of operation of an affected source 

for any purpose. 

Six-minute period means, with respect to opacity determinations, 

any one of the 10 equal parts of a 1-hour period. 

Standard conditions means a temperature of 293°K (68°F) and a 

pressure of 101.3 kilopascals (29.92 in. Hg). 

Startup means the setting in operation of an affected source for 

any purpose. 

State means all non-Federal authorities, including local 

agencies, interstate associations, and State-wide programs, that 

have delegated authority to implement: 

(1) The provisions of this part and/or 

(2) The permit program established under part 70 of this 

chapter. The term State shall have its conventional 

meaning where clear from the context. 

Stationary source means any building, structure, facility, or 

installation which emits or may emit any air pollutant. 

Test method means the validated procedure for sampling, 

preparing, and analyzing for an air pollutant specified in a 

relevant standard as the performance test procedure. The test 

method may include methods described in an appendix of this 

chapter, test methods incorporated by reference in this part, or 

methods validated for an application through procedures in Method 

301 of appendix A of this part. 

Title V permit means any permit issued, renewed, or revised 

pursuant to Federal or State regulations established to implement 

title V of the Act (42 U.S.C. 7661). A title V permit issued by 

a State permitting authority is called a part 70 permit in this 

part. 

Visible emission means the observation of an emission of opacity 

or optical density above the threshold of vision. 
1-15 

Sec. 63.3 Units and abbreviations. 

Used in this part are abbreviations and symbols of units of 

measure. These are defined as follows: 

(a) System International (SI) units of measure: 

A = ampere 

g = gram 

Hz = hertz 

J = joule 

°K = degree Kelvin 

kg = kilogram 

l = liter 

m = meter 

m3 = cubic meter 

mg = milligram = 10-3 gram 

ml = milliliter = 10-3 liter 

mm = millimeter = 10-3 meter 

Mg = megagram = 106

 gram = metric ton 

MJ = megajoule 

mol = mole 

N = newton 

ng = nanogram = 10-9 gram 

nm = nanometer = 10-9 meter 

Pa = pascal 

s = second 

V = volt 

W = watt 

Ω = ohm 

μg = microgram = 10-6 gram 

μl = microliter = 10-6 liter 

(b) Other units of measure: 

Btu = British thermal unit 

°C = degree Celsius (centigrade) 

cal = calorie 

cfm = cubic feet per minute 

cc = cubic centimeter 

cu ft = cubic feet 

d = day 

dcf = dry cubic feet 

dcm = dry cubic meter 

dscf = dry cubic feet at standard conditions 

dscm = dry cubic meter at standard conditions 

eq = equivalent 

°F degree Fahrenheit 

ft = feet 

ft2

 = square feet 

ft3

 = cubic feet 

gal = gallon 

gr = grain 

g-eq = gram equivalent 
1-16 

g-mole = gram mole 

hr = hour 

in. = inch 

in. H2 O = inches of water 

K = 1,000 

kcal = kilocalorie 

lb = pound 

lpm = liter per minute 

meq = milliequivalent 

min = minute 

MW = molecular weight 

oz = ounces 

ppb = parts per billion 

ppbw = parts per billion by weight 

ppbv = parts per billion by volume 

ppm = parts per million 

ppmw = parts per million by weight 

ppmv = parts per million by volume 

psia = pounds per square inch absolute 

psig = pounds per square inch gage 

°R = degree Rankine 

scf = cubic feet at standard conditions 

scfh = cubic feet at standard conditions per hour 

scm = cubic meter at standard conditions 

sec = second 

sq ft = square feet 

std = at standard conditions 

v/v = volume per volume 

yd2

 = square yards 

yr = year 

(c) Miscellaneous: 

act = actual 

avg = average 

I.D. = inside diameter 

M = molar 

N = normal 

O.D. = outside diameter 

% = percent 

Sec. 63.4 Prohibited activities and circumvention. 

(a) Prohibited activities. 

(1) No owner or operator subject to the provisions of 

this part shall operate any affected source in 

violation of the requirements of this part except 

under-- 

(i) An extension of compliance granted by the 

Administrator under this part; or 
1-17 

(ii) An extension of compliance granted under this 

part by a State with an approved permit 

program; or 

(iii) An exemption from compliance granted by the 

President under section 112(i)(4) of the Act. 

(2) No owner or operator subject to the provisions of 

this part shall fail to keep records, notify, report, 

or revise reports as required under this part. 

(3) After the effective date of an approved permit 

program in a State, no owner or operator of an 

affected source in that State who is required under 

this part to obtain a title V permit shall operate 

such source except in compliance with the provisions 

of this part and the applicable requirements of the 

permit program in that State. 

(4) [Reserved] 

(5) An owner or operator of an affected source who is 

subject to an emission standard promulgated under 

this part shall comply with the requirements of that 

standard by the date(s) established in the applicable 

subpart(s) of this part (including this subpart) 

regardless of whether-- 

(i) A title V permit has been issued to that 

source; or 

(ii) If a title V permit has been issued to that 

source, whether such permit has been revised 

or modified to incorporate the emission 

standard. 

(b) Circumvention. No owner or operator subject to the 

provisions of this part shall build, erect, install, or 

use any article, machine, equipment, or process to conceal 

an emission that would otherwise constitute noncompliance 

with a relevant standard. Such concealment includes, but 

is not limited to-- 

(1) The use of diluents to achieve compliance with a 

relevant standard based on the concentration of a 

pollutant in the effluent discharged to the 

atmosphere; 

(2) The use of gaseous diluents to achieve compliance 

with a relevant standard for visible emissions; and 

(3) The fragmentation of an operation such that the 

operation avoids regulation by a relevant standard. 
1-18 

(c) Severability. Notwithstanding any requirement 

incorporated into a title V permit obtained by an owner or 

operator subject to the provisions of this part, the 

provisions of this part are federally enforceable. 

Sec. 63.5 Construction and reconstruction. 

(a) Applicability. 

(1) This section implements the preconstruction review 

requirements of section 112(i)(1) for sources subject 

to a relevant emission standard that has been 

promulgated in this part. In addition, this section 

includes other requirements for constructed and 

reconstructed stationary sources that are or become 

subject to a relevant promulgated emission standard. 

(2) After the effective date of a relevant standard 

promulgated under this part, the requirements in this 

section apply to owners or operators who construct a 

new source or reconstruct a source after the proposal 

date of that standard. New or reconstructed sources 

that start up before the standard’s effective date 

are not subject to the preconstruction review 

requirements specified in paragraphs (b)(3), (d), and 

(e) of this section. 

(b) Requirements for existing, newly constructed, and 

reconstructed sources. 

(1) Upon construction an affected source is subject to 

relevant standards for new sources, including 

compliance dates. Upon reconstruction, an affected 

source is subject to relevant standards for new 

sources, including compliance dates, irrespective of 

any change in emissions of hazardous air pollutants 

from that source. 

(2) [Reserved] 

(3) After the effective date of any relevant standard 

promulgated by the Administrator under this part, 

whether or not an approved permit program is 

effective in the State in which an affected source is 

(or would be) located, no person may construct a new 

major affected source or reconstruct a major affected 

source subject to such standard, or reconstruct a 

major source such that the source becomes a major 

affected source subject to the standard, without 

obtaining written approval, in advance, from the 

Administrator in accordance with the procedures 

specified in paragraphs (d) and (e) of this section. 
1-19 

(4) After the effective date of any relevant standard 

promulgated by the Administrator under this part, 

whether or not an approved permit program is 

effective in the State in which an affected source is 

(or would be) located, no person may construct a new 

affected source or reconstruct an affected source 

subject to such standard, or reconstruct a source 

such that the source becomes an affected source 

subject to the standard, without notifying the 

Administrator of the intended construction or 

reconstruction. The notification shall be submitted 

in accordance with the procedures in Sec. 63.9(b) and 

shall include all the information required for an 

application for approval of construction or 

reconstruction as specified in paragraph (d) of this 

section. For major sources, the application for 

approval of construction or reconstruction may be 

used to fulfill the notification requirements of this 

paragraph. 

(5) After the effective date of any relevant standard 

promulgated by the Administrator under this part, 

whether or not an approved permit program is 

effective in the State in which an affected source is 

located, no person may operate such source without 

complying with the provisions of this subpart and the 

relevant standard unless that person has received an 

extension of compliance or an exemption from 

compliance under Sec. 63.6(i) or Sec. 63.6(j) of this 

subpart. 

(6) After the effective date of any relevant standard 

promulgated by the Administrator under this part, 

whether or not an approved permit program is 

effective in the State in which an affected source is 

located, equipment added (or a process change) to an 

affected source that is within the scope of the 

definition of affected source under the relevant 

standard shall be considered part of the affected 

source and subject to all provisions of the relevant 

standard established for that affected source. If a 

new affected source is added to the facility, the new 

affected source shall be subject to all the 

provisions of the relevant standard that are 

established for new sources including compliance 

dates. 

(c) [Reserved] 

(d) Application for approval of construction or 

reconstruction. The provisions of this paragraph 

implement section 112(i)(1) of the Act. 
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(1) General application requirements. 

(i) An owner or operator who is subject to the 

requirements of paragraph (b)(3) of this 

section shall submit to the Administrator an 

application for approval of the construction 

of a new major affected source, the 

reconstruction of a major affected source, or 

the reconstruction of a major source such that 

the source becomes a major affected source 

subject to the standard. The application 

shall be submitted as soon as practicable 

before the construction or reconstruction is 

planned to commence (but no sooner than the 

effective date of the relevant standard) if 

the construction or reconstruction commences 

after the effective date of a relevant 

standard promulgated in this part. The 

application shall be submitted as soon as 

practicable before startup but no later than 

60 days after the effective date of a relevant 

standard promulgated in this part if the 

construction or reconstruction had commenced 

and initial startup had not occurred before 

the standard’s effective date. The 

application for approval of construction or 

reconstruction may be used to fulfill the 

initial notification requirements of Sec. 

63.9(b)(5) of this subpart. The owner or 

operator may submit the application for 

approval well in advance of the date 

construction or reconstruction is planned to 

commence in order to ensure a timely review by 

the Administrator and that the planned 

commencement date will not be delayed. 

(ii) A separate application shall be submitted for 

each construction or reconstruction. Each 

application for approval of construction or 

reconstruction shall include at a minimum: 

(A) The applicant’s name and address; 

(B) A notification of intention to construct 

a new major affected source or make any 

physical or operational change to a major 

affected source that may meet or has been 

determined to meet the criteria for a 

reconstruction, as defined in Sec. 63.2; 

(C) The address (i.e., physical location) or 

proposed address of the source; 
1-21 

(D) An identification of the relevant 

standard that is the basis of the 

application; 

(E) The expected commencement date of the 

construction or reconstruction; 

(F) The expected completion date of the 

construction or reconstruction; 

(G) The anticipated date of (initial) startup 

of the source; 

(H) The type and quantity of hazardous air 

pollutants emitted by the source, 

reported in units and averaging times and 

in accordance with the test methods 

specified in the relevant standard, or if 

actual emissions data are not yet 

available, an estimate of the type and 

quantity of hazardous air pollutants 

expected to be emitted by the source 

reported in units and averaging times 

specified in the relevant standard. The 

owner or operator may submit percent 

reduction information if a relevant 

standard is established in terms of 

percent reduction. However, operating 

parameters, such as flow rate, shall be 

included in the submission to the extent 

that they demonstrate performance and 

compliance; and 

(I) [Reserved] 

(J) Other information as specified in 

paragraphs (d)(2) and (d)(3) of this 

section. 

(iii) An owner or operator who submits estimates or 

preliminary information in place of the actual 

emissions data and analysis required in 

paragraphs (d)(1)(ii)(H) and (d)(2) of this 

section shall submit the actual, measured 

emissions data and other correct information 

as soon as available but no later than with 

the notification of compliance status required 

in Sec. 63.9(h) (see Sec. 63.9(h)(5)). 

(2) Application for approval of construction. Each 

application for approval of construction shall 

include, in addition to the information required in 

paragraph (d)(1)(ii) of this section, technical 

information describing the proposed nature, size, 
1-22 

design, operating design capacity, and method of 

operation of the source, including an identification 

of each point of emission for each hazardous air 

pollutant that is emitted (or could be emitted) and a 

description of the planned air pollution control 

system (equipment or method) for each emission point. 

The description of the equipment to be used for the 

control of emissions shall include each control 

device for each hazardous air pollutant and the 

estimated control efficiency (percent) for each 

control device. The description of the method to be 

used for the control of emissions shall include an 

estimated control efficiency (percent) for that 

method. Such technical information shall include 

calculations of emission estimates in sufficient 

detail to permit assessment of the validity of the 

calculations. An owner or operator who submits 

approximations of control efficiencies under this 

subparagraph shall submit the actual control 

efficiencies as specified in paragraph (d)(1)(iii) of 

this section. 

(3) Application for approval of reconstruction. Each 

application for approval of reconstruction shall 

include, in addition to the information required in 

paragraph (d)(1)(ii) of this section-- 

(i) A brief description of the affected source and 

the components that are to be replaced; 

(ii) A description of present and proposed emission 

control systems (i.e., equipment or methods). 

The description of the equipment to be used 

for the control of emissions shall include 

each control device for each hazardous air 

pollutant and the estimated control efficiency 

(percent) for each control device. The 

description of the method to be used for the 

control of emissions shall include an 

estimated control efficiency (percent) for 

that method. Such technical information shall 

include calculations of emission estimates in 

sufficient detail to permit assessment of the 

validity of the calculations; 

(iii) An estimate of the fixed capital cost of the 

replacements and of constructing a comparable 

entirely new source; 

(iv) The estimated life of the affected source 

after the replacements; and 

(v) A discussion of any economic or technical 

limitations the source may have in complying 
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with relevant standards or other requirements 

after the proposed replacements. The 

discussion shall be sufficiently detailed to 

demonstrate to the Administrator’s 

satisfaction that the technical or economic 

limitations affect the source’s ability to 

comply with the relevant standard and how they 

do so. 

(vi) If in the application for approval of 

reconstruction the owner or operator 

designates the affected source as a 

reconstructed source and declares that there 

are no economic or technical limitations to 

prevent the source from complying with all 

relevant standards or other requirements, the 

owner or operator need not submit the 

information required in subparagraphs (d)(3) 

(iii) through (v) of this section, above. 

(4) Additional information. The Administrator may 

request additional relevant information after the 

submittal of an application for approval of 

construction or reconstruction. 

(e) Approval of construction or reconstruction. 

(1) (i) If the Administrator determines that, if 

properly constructed, or reconstructed, and 

operated, a new or existing source for which 

an application under paragraph (d) of this 

section was submitted will not cause emissions 

in violation of the relevant standard(s) and 

any other federally enforceable requirements, 

the Administrator will approve the 

construction or reconstruction. 

(ii) In addition, in the case of reconstruction, 

the Administrator’s determination under this 

paragraph will be based on: 

(A) The fixed capital cost of the 

replacements in comparison to the fixed 

capital cost that would be required to 

construct a comparable entirely new 

source; 

(B) The estimated life of the source after 

the replacements compared to the life of 

a comparable entirely new source; 

(C) The extent to which the components being 

replaced cause or contribute to the 

emissions from the source; and 
1-24 

(D) Any economic or technical limitations on 

compliance with relevant standards that 

are inherent in the proposed 

replacements. 

(2) (i) The Administrator will notify the owner or 

operator in writing of approval or intention 

to deny approval of construction or 

reconstruction within 60 calendar days after 

receipt of sufficient information to evaluate 

an application submitted under paragraph (d) 

of this section. The 60-day approval or 

denial period will begin after the owner or 

operator has been notified in writing that 

his/her application is complete. The 

Administrator will notify the owner or 

operator in writing of the status of his/her 

application, that is, whether the application 

contains sufficient information to make a 

determination, within 30 calendar days after 

receipt of the original application and within 

30 calendar days after receipt of any 

supplementary information that is submitted. 

(ii) When notifying the owner or operator that 

his/her application is not complete, the 

Administrator will specify the information 

needed to complete the application and provide 

notice of opportunity for the applicant to 

present, in writing, within 30 calendar days 

after he/she is notified of the incomplete 

application, additional information or 

arguments to the Administrator to enable 

further action on the application. 

(3) Before denying any application for approval of 

construction or reconstruction, the Administrator 

will notify the applicant of the Administrator’s 

intention to issue the denial together with-- 

(i) Notice of the information and findings on 

which the intended denial is based; and 

(ii) Notice of opportunity for the applicant to 

present, in writing, within 30 calendar days 

after he/she is notified of the intended 

denial, additional information or arguments to 

the Administrator to enable further action on 

the application. 

(4) A final determination to deny any application for 

approval will be in writing and will specify the 

grounds on which the denial is based. The final 
1-25 

determination will be made within 60 calendar days of 

presentation of additional information or arguments 

(if the application is complete), or within 60 

calendar days after the final date specified for 

presentation if no presentation is made. 

(5) Neither the submission of an application for approval 

nor the Administrator’s approval of construction or 

reconstruction shall-- 

(i) Relieve an owner or operator of legal 

responsibility for compliance with any 

applicable provisions of this part or with any 

other applicable Federal, State, or local 

requirement; or 

(ii) Prevent the Administrator from implementing or 

enforcing this part or taking any other action 

under the Act. 

(f) Approval of construction or reconstruction based on prior 

State preconstruction review. 

(1) The Administrator may approve an application for 

construction or reconstruction specified in 

paragraphs (b)(3) and (d) of this section if the 

owner or operator of a new or reconstructed source 

who is subject to such requirement demonstrates to 

the Administrator’s satisfaction that the following 

conditions have been (or will be) met: 

(i) The owner or operator of the new or 

reconstructed source has undergone a 

preconstruction review and approval process in 

the State in which the source is (or would be) 

located before the promulgation date of the 

relevant standard and has received a federally 

enforceable construction permit that contains 

a finding that the source will meet the 

relevant emission standard as proposed, if the 

source is properly built and operated; 

(ii) In making its finding, the State has 

considered factors substantially equivalent to 

those specified in paragraph (e)(1) of this 

section; and either 

(iii) The promulgated standard is no more stringent 

than the proposed standard in any relevant 

aspect that would affect the Administrator’s 

decision to approve or disapprove an 

application for approval of construction or 

reconstruction under this section; or 
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(iv) The promulgated standard is more stringent 

than the proposed standard but the owner or 

operator will comply with the standard as 

proposed during the 3-year period immediately 

following the effective date of the standard 

as allowed for in Sec. 63.6(b)(3) of this 

subpart. 

(2) The owner or operator shall submit to the 

Administrator the request for approval of 

construction or reconstruction under this paragraph 

no later than the application deadline specified in 

paragraph (d)(1) of this section (see also Sec. 

63.9(b)(2) of this subpart). The owner or operator 

shall include in the request information sufficient 

for the Administrator’s determination. The 

Administrator will evaluate the owner or operator’s 

request in accordance with the procedures specified 

in paragraph (e) of this section. The Administrator 

may request additional relevant information after the 

submittal of a request for approval of construction 

or reconstruction under this paragraph. 

Sec. 63.6 Compliance with standards and maintenance 

requirements. 

(a) Applicability. 

(1) The requirements in this section apply to owners or 

operators of affected sources for which any relevant 

standard has been established pursuant to section 112 

of the Act unless-- 

(i) The Administrator (or a State with an approved 

permit program) has granted an extension of 

compliance consistent with paragraph (i) of 

this section; or 

(ii) The President has granted an exemption from 

compliance with any relevant standard in 

accordance with section 112(i)(4) of the Act. 

(2) If an area source that otherwise would be subject to 

an emission standard or other requirement established 

under this part if it were a major source 

subsequently increases its emissions of hazardous air 

pollutants (or its potential to emit hazardous air 

pollutants) such that the source is a major source, 

such source shall be subject to the relevant emission 

standard or other requirement. 
1-27 

(b) Compliance dates for new and reconstructed sources. 

(1) Except as specified in paragraphs (b)(3) and (b)(4) 

of this section, the owner or operator of a new or 

reconstructed source that has an initial startup 

before the effective date of a relevant standard 

established under this part pursuant to section 

112(d), 112(f), or 112(h) of the Act shall comply 

with such standard not later than the standard’s 

effective date. 

(2) Except as specified in paragraphs (b)(3) and (b)(4) 

of this section, the owner or operator of a new or 

reconstructed source that has an initial startup 

after the effective date of a relevant standard 

established under this part pursuant to section 

112(d), 112(f), or 112(h) of the Act shall comply 

with such standard upon startup of the source. 

(3) The owner or operator of an affected source for which 

construction or reconstruction is commenced after the 

proposal date of a relevant standard established 

under this part pursuant to section 112(d), 112(f), 

or 112(h) of the Act but before the effective date 

(that is, promulgation) of such standard shall comply 

with the relevant emission standard not later than 

the date 3 years after the effective date if: 

(i) The promulgated standard (that is, the 

relevant standard) is more stringent than the 

proposed standard; and 

(ii) The owner or operator complies with the 

standard as proposed during the 3-year period 

immediately after the effective date. 

(4) The owner or operator of an affected source for which 

construction or reconstruction is commenced after the 

proposal date of a relevant standard established 

pursuant to section 112(d) of the Act but before the 

proposal date of a relevant standard established 

pursuant to section 112(f) shall comply with the 

emission standard under section 112(f) not later than 

the date 10 years after the date construction or 

reconstruction is commenced, except that, if the 

section 112(f) standard is promulgated more than 10 

years after construction or reconstruction is 

commenced, the owner or operator shall comply with 

the standard as provided in paragraphs (b)(1) and 

(b)(2) of this section. 

(5) The owner or operator of a new source that is subject 

to the compliance requirements of paragraph (b)(3) or 

paragraph (b)(4) of this section shall notify the 
1-28 

Administrator in accordance with Sec. 63.9(d) of this 

subpart. 

(6) [Reserved] 

(7) After the effective date of an emission standard 

promulgated under this part, the owner or operator of 

an unaffected new area source (i.e., an area source 

for which construction or reconstruction was 

commenced after the proposal date of the standard) 

that increases its emissions of (or its potential to 

emit) hazardous air pollutants such that the source 

becomes a major source that is subject to the 

emission standard, shall comply with the relevant 

emission standard immediately upon becoming a major 

source. This compliance date shall apply to new area 

sources that become affected major sources regardless 

of whether the new area source previously was 

affected by that standard. The new affected major 

source shall comply with all requirements of that 

standard that affect new sources. 

(c) Compliance dates for existing sources. 

(1) After the effective date of a relevant standard 

established under this part pursuant to section 

112(d) or 112(h) of the Act, the owner or operator of 

an existing source shall comply with such standard by 

the compliance date established by the Administrator 

in the applicable subpart(s) of this part. Except as 

otherwise provided for in section 112 of the Act, in 

no case will the compliance date established for an 

existing source in an applicable subpart of this part 

exceed 3 years after the effective date of such 

standard. 

(2) After the effective date of a relevant standard 

established under this part pursuant to section 

112(f) of the Act, the owner or operator of an 

existing source shall comply with such standard not 

later than 90 days after the standard’s effective 

date unless the Administrator has granted an 

extension to the source under paragraph (i)(4)(ii) of 

this section. 

(3)-(4) [Reserved] 

(5) After the effective date of an emission standard 

promulgated under this part, the owner or operator of 

an unaffected existing area source that increases its 

emissions of (or its potential to emit) hazardous air 

pollutants such that the source becomes a major 

source that is subject to the emission standard shall 

comply by the date specified in the standard for 
1-29 

existing area sources that become major sources. If 

no such compliance date is specified in the standard, 

the source shall have a period of time to comply with 

the relevant emission standard that is equivalent to 

the compliance period specified in that standard for 

other existing sources. This compliance period shall 

apply to existing area sources that become affected 

major sources regardless of whether the existing area 

source previously was affected by that standard. 

Notwithstanding the previous two sentences, however, 

if the existing area source becomes a major source by 

the addition of a new affected source or by 

reconstructing, the portion of the existing facility 

that is a new affected source or a reconstructed 

source shall comply with all requirements of that 

standard that affect new sources, including the 

compliance date for new sources. 

(d) [Reserved] 

(e) Operation and maintenance requirements. 

(1) (i) At all times, including periods of startup, 

shutdown, and malfunction, owners or operators 

shall operate and maintain any affected 

source, including associated air pollution 

control equipment, in a manner consistent with 

good air pollution control practices for 

minimizing emissions at least to the levels 

required by all relevant standards. 

(ii) Malfunctions shall be corrected as soon as 

practicable after their occurrence in 

accordance with the startup, shutdown, and 

malfunction plan required in paragraph (e)(3) 

of this section. 

(iii) Operation and maintenance requirements 

established pursuant to section 112 of the Act 

are enforceable independent of emissions 

limitations or other requirements in relevant 

standards. 

(2) Determination of whether acceptable 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 (including the startup, shutdown, and 

malfunction plan required in paragraph (e)(3) of this 

section), review of operation and maintenance 

records, and inspection of the source. 
1-30 

(3) Startup, shutdown, and malfunction plan. 

(i) The owner or operator of an affected source 

shall develop and implement a written startup, 

shutdown, and malfunction plan that describes, 

in detail, procedures for operating and 

maintaining the source during periods of 

startup, shutdown, and malfunction and a 

program of corrective action for 

malfunctioning process and air pollution 

control equipment used to comply with the 

relevant standard. As required under Sec. 

63.8(c)(1)(i), the plan shall identify all 

routine or otherwise predictable CMS 

malfunctions. This plan shall be developed by 

the owner or operator by the source’s 

compliance date for that relevant standard. 

The plan shall be incorporated by reference 

into the source’s title V permit. The purpose 

of the startup, shutdown, and malfunction plan 

is to-- 

(A) Ensure that, at all times, owners or 

operators operate and maintain affected 

sources, including associated air 

pollution control equipment, in a manner 

consistent with good air pollution 

control practices for minimizing 

emissions at least to the levels required 

by all relevant standards; 

(B) Ensure that owners or operators are 

prepared to correct malfunctions as soon 

as practicable after their occurrence in 

order to minimize excess emissions of 

hazardous air pollutants; and 

(C) Reduce the reporting burden associated 

with periods of startup, shutdown, and 

malfunction (including corrective action 

taken to restore malfunctioning process 

and air pollution control equipment to 

its normal or usual manner of operation). 

(ii) During periods of startup, shutdown, and 

malfunction, the owner or operator of an 

affected source shall operate and maintain 

such source (including associated air 

pollution control equipment) in accordance 

with the procedures specified in the startup, 

shutdown, and malfunction plan developed under 

paragraph (e)(3)(i) of this section. 
1-31 

(iii) When actions taken by the owner or operator 

during a startup, shutdown, or malfunction 

(including actions taken to correct a 

malfunction) are consistent with the 

procedures specified in the affected source’s 

startup, shutdown, and malfunction plan, the 

owner or operator shall keep records for that 

event that demonstrate that the procedures 

specified in the plan were followed. These 

records may take the form of a “checklist,” or 

other effective form of recordkeeping, that 

confirms conformance with the startup, 

shutdown, and malfunction plan for that event. 

In addition, the owner or operator shall keep 

records of these events as specified in Sec. 

63.10(b) (and elsewhere in this part), 

including records of the occurrence and 

duration of each startup, shutdown, or 

malfunction of operation and each malfunction 

of the air pollution control equipment. 

Furthermore, the owner or operator shall 

confirm that actions taken during the relevant 

reporting period during periods of startup, 

shutdown, and malfunction were consistent with 

the affected source’s startup, shutdown and 

malfunction plan in the semiannual (or more 

frequent) startup, shutdown, and malfunction 

report required in Sec. 63.10(d)(5). 

(iv) If an action taken by the owner or operator 

during a startup, shutdown, or malfunction 

(including an action taken to correct a 

malfunction) is not consistent with the 

procedures specified in the affected source’s 

startup, shutdown, and malfunction plan, the 

owner or operator shall record the actions 

taken for that event and shall report such 

actions within 2 working days after commencing 

actions inconsistent with the plan, followed 

by a letter within 7 working days after the 

end of the event, in accordance with Sec. 

63.10(d)(5) (unless the owner or operator 

makes alternative reporting arrangements, in 

advance, with the Administrator (see Sec. 

63.10(d)(5)(ii))). 

(v) The owner or operator shall keep the written 

startup, shutdown, and malfunction plan on 

record after it is developed to be made 

available for inspection, upon request, by the 

Administrator for the life of the affected 

source or until the affected source is no 

longer subject to the provisions of this part. 

In addition, if the startup, shutdown, and 
1-32 

malfunction plan is revised, the owner or 

operator shall keep previous (i.e., 

superseded) versions of the startup, shutdown, 

and malfunction plan on record, to be made 

available for inspection, upon request, by the 

Administrator, for a period of 5 years after 

each revision to the plan. 

(vi) To satisfy the requirements of this section to 

develop a startup, shutdown, and malfunction 

plan, the owner or operator may use the 

affected source’s standard operating 

procedures (SOP) manual, or an Occupational 

Safety and Health Administration (OSHA) or 

other plan, provided the alternative plans 

meet all the requirements of this section and 

are made available for inspection when 

requested by the Administrator. 

(vii) Based on the results of a determination made 

under paragraph (e)(2) of this section, the 

Administrator may require that an owner or 

operator of an affected source make changes to 

the startup, shutdown, and malfunction plan 

for that source. The Administrator may 

require reasonable revisions to a startup, 

shutdown, and malfunction plan, if the 

Administrator finds that the plan: 

(A) Does not address a startup, shutdown, or 

malfunction event that has occurred; 

(B) Fails to provide for the operation of the 

source (including associated air 

pollution control equipment) during a 

startup, shutdown, or malfunction event 

in a manner consistent with good air 

pollution control practices for 

minimizing emissions at least to the 

levels required by all relevant 

standards; or 

(C) Does not provide adequate procedures for 

correcting malfunctioning process and/or 

air pollution control equipment as 

quickly as practicable. 

(viii) If the startup, shutdown, and malfunction plan 

fails to address or inadequately addresses an 

event that meets the characteristics of a 

malfunction but was not included in the 

startup, shutdown, and malfunction plan at the 

time the owner or operator developed the plan, 

the owner or operator shall revise the 
1-33 

startup, shutdown, and malfunction plan within 

45 days after the event to include detailed 

procedures for operating and maintaining the 

source during similar malfunction events and a 

program of corrective action for similar 

malfunctions of process or air pollution 

control equipment. 

(f) Compliance with nonopacity emission standards— 

(1) Applicability. The nonopacity emission standards set 

forth in this part shall apply at all times except 

during periods of startup, shutdown, and malfunction, 

and as otherwise specified in an applicable subpart. 

(2) Methods for determining compliance. 

(i) The Administrator will determine compliance 

with nonopacity emission standards in this 

part based on the results of performance tests 

conducted according to the procedures in Sec. 

63.7, unless otherwise specified in an 

applicable subpart of this part. 

(ii) The Administrator will determine compliance 

with nonopacity emission standards in this 

part by evaluation of an owner or operator’s 

conformance with operation and maintenance 

requirements, including the evaluation of 

monitoring data, as specified in Sec. 63.6(e) 

and applicable subparts of this part. 

(iii) If an affected source conducts performance 

testing at startup to obtain an operating 

permit in the State in which the source is 

located, the results of such testing may be 

used to demonstrate compliance with a relevant 

standard if-- 

(A) The performance test was conducted within 

a reasonable amount of time before an 

initial performance test is required to 

be conducted under the relevant standard; 

(B) The performance test was conducted under 

representative operating conditions for 

the source; 

(C) The performance test was conducted and 

the resulting data were reduced using 

EPA-approved test methods and procedures, 

as specified in Sec. 63.7(e) of this 

subpart; and 
1-34 

(D) The performance test was appropriately 

quality-assured, as specified in Sec. 

63.7(c) of this subpart. 

(iv) The Administrator will determine compliance 

with design, equipment, work practice, or 

operational emission standards in this part by 

review of records, inspection of the source, 

and other procedures specified in applicable 

subparts of this part. 

(v) The Administrator will determine compliance 

with design, equipment, work practice, or 

operational emission standards in this part by 

evaluation of an owner or operator’s 

conformance with operation and maintenance 

requirements, as specified in paragraph (e) of 

this section and applicable subparts of this 

part. 

(3) Finding of compliance. The Administrator will make a 

finding concerning an affected source’s compliance 

with a nonopacity emission standard, as specified in 

paragraphs (f)(1) and (f)(2) of this section, upon 

obtaining all the compliance information required by 

the relevant standard (including the written reports 

of performance test results, monitoring results, and 

other information, if applicable) and any information 

available to the Administrator needed to determine 

whether proper operation and maintenance practices 

are being used. 

(g) Use of an alternative nonopacity emission standard. 

(1) If, in the Administrator’s judgment, an owner or 

operator of an affected source has established that 

an alternative means of emission limitation will 

achieve a reduction in emissions of a hazardous air 

pollutant from an affected source at least equivalent 

to the reduction in emissions of that pollutant from 

that source achieved under any design, equipment, 

work practice, or operational emission standard, or 

combination thereof, established under this part 

pursuant to section 112(h) of the Act, the 

Administrator will publish in the Federal Register a 

notice permitting the use of the alternative emission 

standard for purposes of compliance with the 

promulgated standard. Any Federal Register notice 

under this paragraph shall be published only after 

the public is notified and given the opportunity to 

comment. Such notice will restrict the permission to 

the stationary source(s) or category(ies) of sources 

from which the alternative emission standard will 

achieve equivalent emission reductions. The 
1-35 

Administrator will condition permission in such 

notice on requirements to assure the proper operation 

and maintenance of equipment and practices required 

for compliance with the alternative emission standard 

and other requirements, including appropriate quality 

assurance and quality control requirements, that are 

deemed necessary. 

(2) An owner or operator requesting permission under this 

paragraph shall, unless otherwise specified in an 

applicable subpart, submit a proposed test plan or 

the results of testing and monitoring in accordance 

with Sec. 63.7 and Sec. 63.8, a description of the 

procedures followed in testing or monitoring, and a 

description of pertinent conditions during testing or 

monitoring. Any testing or monitoring conducted to 

request permission to use an alternative nonopacity 

emission standard shall be appropriately quality 

assured and quality controlled, as specified in Sec. 

63.7 and Sec. 63.8. 

(3) The Administrator may establish general procedures in 

an applicable subpart that accomplish the 

requirements of paragraphs (g)(1) and (g)(2) of this 

section. 

(h) Compliance with opacity and visible emission standards— 

(1) Applicability. The opacity and visible emission 

standards set forth in this part shall apply at all 

times except during periods of startup, shutdown, and 

malfunction, and as otherwise specified in an 

applicable subpart. 

(2) Methods for determining compliance. 

(i) The Administrator will determine compliance 

with opacity and visible emission standards in 

this part based on the results of the test 

method specified in an applicable subpart. 

Whenever a continuous opacity monitoring 

system (COMS) is required to be installed to 

determine compliance with numerical opacity 

emission standards in this part, compliance 

with opacity emission standards in this part 

shall be determined by using the results from 

the COMS. Whenever an opacity emission test 

method is not specified, compliance with 

opacity emission standards in this part shall 

be determined by conducting observations in 

accordance with Test Method 9 in appendix A of 

part 60 of this chapter or the method 

specified in paragraph (h)(7)(ii) of this 

section. Whenever a visible emission test 
1-36 

method is not specified, compliance with 

visible emission standards in this part shall 

be determined by conducting observations in 

accordance with Test Method 22 in appendix A 

of part 60 of this chapter. 

(ii) [Reserved] 

(iii) If an affected source undergoes opacity or 

visible emission testing at startup to obtain 

an operating permit in the State in which the 

source is located, the results of such testing 

may be used to demonstrate compliance with a 

relevant standard if-- 

(A) The opacity or visible emission test was 

conducted within a reasonable amount of 

time before a performance test is 

required to be conducted under the 

relevant standard; 

(B) The opacity or visible emission test was 

conducted under representative operating 

conditions for the source; 

(C) The opacity or visible emission test was 

conducted and the resulting data were 

reduced using EPA-approved test methods 

and procedures, as specified in Sec. 

63.7(e) of this subpart; and 

(D) The opacity or visible emission test was 

appropriately quality-assured, as 

specified in Sec. 63.7(c) of this 

section. 

(3) [Reserved] 

(4) Notification of opacity or visible emission 

observations. The owner or operator of an affected 

source shall notify the Administrator in writing of 

the anticipated date for conducting opacity or 

visible emission observations in accordance with Sec. 

63.9(f), if such observations are required for the 

source by a relevant standard. 

(5) Conduct of opacity or visible emission observations. 

When a relevant standard under this part includes an 

opacity or visible emission standard, the owner or 

operator of an affected source shall comply with the 

following: 

(i) For the purpose of demonstrating initial 

compliance, opacity or visible emission 
1-37 

observations shall be conducted concurrently 

with the initial performance test required in 

Sec. 63.7 unless one of the following 

conditions applies: 

(A) If no performance test under Sec. 63.7 is 

required, opacity or visible emission 

observations shall be conducted within 60 

days after achieving the maximum 

production rate at which a new or 

reconstructed source will be operated, 

but not later than 120 days after initial 

startup of the source, or within 120 days 

after the effective date of the relevant 

standard in the case of new sources that 

start up before the standard’s effective 

date. If no performance test under Sec. 

63.7 is required, opacity or visible 

emission observations shall be conducted 

within 120 days after the compliance date 

for an existing or modified source; or 

(B) If visibility or other conditions prevent 

the opacity or visible emission 

observations from being conducted 

concurrently with the initial performance 

test required under Sec. 63.7, or within 

the time period specified in paragraph 

(h)(5)(i)(A) of this section, the 

source’s owner or operator shall 

reschedule the opacity or visible 

emission observations as soon after the 

initial performance test, or time period, 

as possible, but not later than 30 days 

thereafter, and shall advise the 

Administrator of the rescheduled date. 

The rescheduled opacity or visible 

emission observations shall be conducted 

(to the extent possible) under the same 

operating conditions that existed during 

the initial performance test conducted 

under Sec. 63.7. The visible emissions 

observer shall determine whether 

visibility or other conditions prevent 

the opacity or visible emission 

observations from being made concurrently 

with the initial performance test in 

accordance with procedures contained in 

Test Method 9 or Test Method 22 in 

appendix A of part 60 of this chapter. 

(ii) For the purpose of demonstrating initial 

compliance, the minimum total time of opacity 

observations shall be 3 hours (30 6-minute 
1-38 

averages) for the performance test or other 

required set of observations (e.g., for 

fugitive-type emission sources subject only to 

an opacity emission standard). 

(iii) The owner or operator of an affected source to 

which an opacity or visible emission standard 

in this part applies shall conduct opacity or 

visible emission observations in accordance 

with the provisions of this section, record 

the results of the evaluation of emissions, 

and report to the Administrator the opacity or 

visible emission results in accordance with 

the provisions of Sec. 63.10(d). 

(iv) [Reserved] 

(v) Opacity readings of portions of plumes that 

contain condensed, uncombined water vapor 

shall not be used for purposes of determining 

compliance with opacity emission standards. 

(6) Availability of records. The owner or operator of an 

affected source shall make available, upon request by 

the Administrator, such records that the 

Administrator deems necessary to determine the 

conditions under which the visual observations were 

made and shall provide evidence indicating proof of 

current visible observer emission certification. 

(7) Use of a continuous opacity monitoring system. 

(i) The owner or operator of an affected source 

required to use a continuous opacity 

monitoring system (COMS) shall record the 

monitoring data produced during a performance 

test required under Sec. 63.7 and shall 

furnish the Administrator a written report of 

the monitoring results in accordance with the 

provisions of Sec. 63.10(e)(4). 

(ii) Whenever an opacity emission test method has 

not been specified in an applicable subpart, 

or an owner or operator of an affected source 

is required to conduct Test Method 9 

observations (see appendix A of part 60 of 

this chapter), the owner or operator may 

submit, for compliance purposes, COMS data 

results produced during any performance test 

required under Sec. 63.7 in lieu of Method 9 

data. If the owner or operator elects to 

submit COMS data for compliance with the 

opacity emission standard, he or she shall 

notify the Administrator of that decision, in 
1-39 

writing, simultaneously with the notification 

under Sec. 63.7(b) of the date the performance 

test is scheduled to begin. Once the owner or 

operator of an affected source has notified 

the Administrator to that effect, the COMS 

data results will be used to determine opacity 

compliance during subsequent performance tests 

required under Sec. 63.7, unless the owner or 

operator notifies the Administrator in writing 

to the contrary not later than with the 

notification under Sec. 63.7(b) of the date 

the subsequent performance test is scheduled 

to begin. 

(iii) For the purposes of determining compliance 

with the opacity emission standard during a 

performance test required under Sec. 63.7 

using COMS data, the COMS data shall be 

reduced to 6-minute averages over the duration 

of the mass emission performance test. 

(iv) The owner or operator of an affected source 

using a COMS for compliance purposes is 

responsible for demonstrating that he/she has 

complied with the performance evaluation 

requirements of Sec. 63.8(e), that the COMS 

has been properly maintained, operated, and 

data quality-assured, as specified in Sec. 

63.8(c) and Sec. 63.8(d), and that the 

resulting data have not been altered in any 

way. 

(v) Except as provided in paragraph (h)(7)(ii) of 

this section, the results of continuous 

monitoring by a COMS that indicate that the 

opacity at the time visual observations were 

made was not in excess of the emission 

standard are probative but not conclusive 

evidence of the actual opacity of an emission, 

provided that the affected source proves that, 

at the time of the alleged violation, the 

instrument used was properly maintained, as 

specified in Sec. 63.8(c), and met Performance 

Specification 1 in appendix B of part 60 of 

this chapter, and that the resulting data have 

not been altered in any way. 

(8) Finding of compliance. The Administrator will make a 

finding concerning an affected source’s compliance 

with an opacity or visible emission standard upon 

obtaining all the compliance information required by 

the relevant standard (including the written reports 

of the results of the performance tests required by 

Sec. 63.7, the results of Test Method 9 or another 
1-40 

required opacity or visible emission test method, the 

observer certification required by paragraph (h)(6) 

of this section, and the continuous opacity 

monitoring system results, whichever is/are 

applicable) and any information available to the 

Administrator needed to determine whether proper 

operation and maintenance practices are being used. 

(9) Adjustment to an opacity emission standard. 

(i) If the Administrator finds under paragraph 

(h)(8) of this section that an affected source 

is in compliance with all relevant standards 

for which initial performance tests were 

conducted under Sec. 63.7, but during the time 

such performance tests were conducted fails to 

meet any relevant opacity emission standard, 

the owner or operator of such source may 

petition the Administrator to make appropriate 

adjustment to the opacity emission standard 

for the affected source. Until the 

Administrator notifies the owner or operator 

of the appropriate adjustment, the relevant 

opacity emission standard remains applicable. 

(ii) The Administrator may grant such a petition 

upon a demonstration by the owner or operator 

that-- 

(A) The affected source and its associated 

air pollution control equipment were 

operated and maintained in a manner to 

minimize the opacity of emissions during 

the performance tests; 

(B) The performance tests were performed 

under the conditions established by the 

Administrator; and 

(C) The affected source and its associated 

air pollution control equipment were 

incapable of being adjusted or operated 

to meet the relevant opacity emission 

standard. 

(iii) The Administrator will establish an adjusted 

opacity emission standard for the affected 

source meeting the above requirements at a 

level at which the source will be able, as 

indicated by the performance and opacity 

tests, to meet the opacity emission standard 

at all times during which the source is 

meeting the mass or concentration emission 

standard. The Administrator will promulgate 
1-41 

the new opacity emission standard in the 

Federal Register. 

(iv) After the Administrator promulgates an 

adjusted opacity emission standard for an 

affected source, the owner or operator of such 

source shall be subject to the new opacity 

emission standard, and the new opacity 

emission standard shall apply to such source 

during any subsequent performance tests. 

(i) Extension of compliance with emission standards. 

(1) Until an extension of compliance has been granted by 

the Administrator (or a State with an approved permit 

program) under this paragraph, the owner or operator 

of an affected source subject to the requirements of 

this section shall comply with all applicable 

requirements of this part. 

(2) Extension of compliance for early reductions and 

other reductions— 

(i) Early reductions. Pursuant to section 

112(i)(5) of the Act, if the owner or operator 

of an existing source demonstrates that the 

source has achieved a reduction in emissions 

of hazardous air pollutants in accordance with 

the provisions of subpart D of this part, the 

Administrator (or the State with an approved 

permit program) will grant the owner or 

operator an extension of compliance with 

specific requirements of this part, as 

specified in subpart D. 

(ii) Other reductions. Pursuant to section 

112(i)(6) of the Act, if the owner or operator 

of an existing source has installed best 

available control technology (BACT) (as 

defined in section 169(3) of the Act) or 

technology required to meet a lowest 

achievable emission rate (LAER) (as defined in 

section 171 of the Act) prior to the 

promulgation of an emission standard in this 

part applicable to such source and the same 

pollutant (or stream of pollutants) controlled 

pursuant to the BACT or LAER installation, the 

Administrator will grant the owner or operator 

an extension of compliance with such emission 

standard that will apply until the date 5 

years after the date on which such 

installation was achieved, as determined by 

the Administrator. 
1-42 

(3) Request for extension of compliance. Paragraphs 

(i)(4) through (i)(7) of this section concern 

requests for an extension of compliance with a 

relevant standard under this part (except requests 

for an extension of compliance under paragraph 

(i)(2)(i) of this section will be handled through 

procedures specified in subpart D of this part). 

(4) (i) (A) The owner or operator of an existing 

source who is unable to comply with a 

relevant standard established under this 

part pursuant to section 112(d) of the 

Act may request that the Administrator 

(or a State, when the State has an 

approved part 70 permit program and the 

source is required to obtain a part 70 

permit under that program, or a State, 

when the State has been delegated the 

authority to implement and enforce the 

emission standard for that source) grant 

an extension allowing the source up to 1 

additional year to comply with the 

standard, if such additional period is 

necessary for the installation of 

controls. An additional extension of up 

to 3 years may be added for mining waste 

operations, if the 1-year extension of 

compliance is insufficient to dry and 

cover mining waste in order to reduce 

emissions of any hazardous air pollutant. 

The owner or operator of an affected 

source who has requested an extension of 

compliance under this paragraph and who 

is otherwise required to obtain a title V 

permit shall apply for such permit or 

apply to have the source’s title V permit 

revised to incorporate the conditions of 

the extension of compliance. The 

conditions of an extension of compliance 

granted under this paragraph will be 

incorporated into the affected source’s 

title V permit according to the 

provisions of part 70 or Federal title V 

regulations in this chapter (42 U.S.C. 

7661), whichever are applicable. 

(B) Any request under this paragraph for an 

extension of compliance with a relevant 

standard shall be submitted in writing to 

the appropriate authority not later than 

12 months before the affected source’s 

compliance date (as specified in 

paragraphs (b) and (c) of this section) 

for sources that are not including 
1-43 

emission points in an emissions average, 

or not later than 18 months before the 

affected source’s compliance date (as 

specified in paragraphs (b) and (c) of 

this section) for sources that are 

including emission points in an emissions 

average. Emission standards established 

under this part may specify alternative 

dates for the submittal of requests for 

an extension of compliance if 

alternatives are appropriate for the 

source categories affected by those 

standards, e.g., a compliance date 

specified by the standard is less than 12 

(or 18) months after the standard’s 

effective date. 

(ii) The owner or operator of an existing source 

unable to comply with a relevant standard 

established under this part pursuant to 

section 112(f) of the Act may request that the 

Administrator grant an extension allowing the 

source up to 2 years after the standard’s 

effective date to comply with the standard. 

The Administrator may grant such an extension 

if he/she finds that such additional period is 

necessary for the installation of controls and 

that steps will be taken during the period of 

the extension to assure that the health of 

persons will be protected from imminent 

endangerment. Any request for an extension of 

compliance with a relevant standard under this 

paragraph shall be submitted in writing to the 

Administrator not later than 15 calendar days 

after the effective date of the relevant 

standard. 

(5) The owner or operator of an existing source that has 

installed BACT or technology required to meet LAER 

[as specified in paragraph (i)(2)(ii) of this 

section] prior to the promulgation of a relevant 

emission standard in this part may request that the 

Administrator grant an extension allowing the source 

5 years from the date on which such installation was 

achieved, as determined by the Administrator, to 

comply with the standard. Any request for an 

extension of compliance with a relevant standard 

under this paragraph shall be submitted in writing to 

the Administrator not later than 120 days after the 

promulgation date of the standard. The Administrator 

may grant such an extension if he or she finds that 

the installation of BACT or technology to meet LAER 

controls the same pollutant (or stream of pollutants) 
1-44 

that would be controlled at that source by the 

relevant emission standard. 

(6) (i) The request for a compliance extension under 

paragraph (i)(4) of this section shall include 

the following information: 

(A) A description of the controls to be 

installed to comply with the standard; 

(B) A compliance schedule, including the date 

by which each step toward compliance will 

be reached. At a minimum, the list of 

dates shall include: 

(1) The date by which contracts for 

emission control systems or process 

changes for emission control will 

be awarded, or the date by which 

orders will be issued for the 

purchase of component parts to 

accomplish emission control or 

process changes; 

(2) The date by which on-site 

construction, installation of 

emission control equipment, or a 

process change is to be initiated; 

(3) The date by which on-site 

construction, installation of 

emission control equipment, or a 

process change is to be completed; 

and 

(4) The date by which final compliance 

is to be achieved; 

(C) A description of interim emission control 

steps that will be taken during the 

extension period, including milestones to 

assure proper operation and maintenance 

of emission control and process 

equipment; and 

(D) Whether the owner or operator is also 

requesting an extension of other 

applicable requirements (e.g., 

performance testing requirements). 

(ii) The request for a compliance extension under 

paragraph (i)(5) of this section shall include 

all information needed to demonstrate to the 

Administrator’s satisfaction that the 
1-45 

installation of BACT or technology to meet 

LAER controls the same pollutant (or stream of 

pollutants) that would be controlled at that 

source by the relevant emission standard. 

(7) Advice on requesting an extension of compliance may 

be obtained from the Administrator (or the State with 

an approved permit program). 

(8) Approval of request for extension of compliance. 

Paragraphs (i)(9) through (i)(14) of this section 

concern approval of an extension of compliance 

requested under paragraphs (i)(4) through (i)(6) of 

this section. 

(9) Based on the information provided in any request made 

under paragraphs (i)(4) through (i)(6) of this 

section, or other information, the Administrator (or 

the State with an approved permit program) may grant 

an extension of compliance with an emission standard, 

as specified in paragraphs (i)(4) and (i)(5) of this 

section. 

(10) The extension will be in writing and will-- 

(i) Identify each affected source covered by the 

extension; 

(ii) Specify the termination date of the extension; 

(iii) Specify the dates by which steps toward 

compliance are to be taken, if appropriate; 

(iv) Specify other applicable requirements to which 

the compliance extension applies (e.g., 

performance tests); and 

(v) (A) Under paragraph (i)(4), specify any 

additional conditions that the 

Administrator (or the State) deems 

necessary to assure installation of the 

necessary controls and protection of the 

health of persons during the extension 

period; or 

(B) Under paragraph (i)(5), specify any 

additional conditions that the 

Administrator deems necessary to assure 

the proper operation and maintenance of 

the installed controls during the 

extension period. 

(11) The owner or operator of an existing source that has 

been granted an extension of compliance under 
1-46 

paragraph (i)(10) of this section may be required to 

submit to the Administrator (or the State with an 

approved permit program) progress reports indicating 

whether the steps toward compliance outlined in the 

compliance schedule have been reached. The contents 

of the progress reports and the dates by which they 

shall be submitted will be specified in the written 

extension of compliance granted under paragraph 

(i)(10) of this section. 

(12) (i) The Administrator (or the State with an 

approved permit program) will notify the owner 

or operator in writing of approval or 

intention to deny approval of a request for an 

extension of compliance within 30 calendar 

days after receipt of sufficient information 

to evaluate a request submitted under 

paragraph (i)(4)(i) or (i)(5) of this section. 

The 30-day approval or denial period will 

begin after the owner or operator has been 

notified in writing that his/her application 

is complete. The Administrator (or the State) 

will notify the owner or operator in writing 

of the status of his/her application, that is, 

whether the application contains sufficient 

information to make a determination, within 30 

calendar days after receipt of the original 

application and within 30 calendar days after 

receipt of any supplementary information that 

is submitted. 

(ii) When notifying the owner or operator that 

his/her application s not complete, the 

Administrator will specify the information 

needed to complete the application and provide 

notice of opportunity for the applicant to 

present, in writing, within 30 calendar days 

after he/she is notified of the incomplete 

application, additional information or 

arguments to the Administrator to enable 

further action on the application. 

(iii) Before denying any request for an extension of 

compliance, the Administrator (or the State 

with an approved permit program) will notify 

the owner or operator in writing of the 

Administrator’s (or the State’s) intention to 

issue the denial, together with-- 

(A) Notice of the information and findings on 

which the intended denial is based; and 

(B) Notice of opportunity for the owner or 

operator to present in writing, within 15 
1-47 

calendar days after he/she is notified of 

the intended denial, additional 

information or arguments to the 

Administrator (or the State) before 

further action on the request. 

(iv) The Administrator’s final determination to 

deny any request for an extension will be in 

writing and will set forth the specific 

grounds on which the denial is based. The 

final determination will be made within 30 

calendar days after presentation of additional 

information or argument (if the application is 

complete), or within 30 calendar days after 

the final date specified for the presentation 

if no presentation is made. 

(13) (i) The Administrator will notify the owner or 

operator in writing of approval or intention 

to deny approval of a request for an extension 

of compliance within 30 calendar days after 

receipt of sufficient information to evaluate 

a request submitted under paragraph (i)(4)(ii) 

of this section. The 30-day approval or 

denial period will begin after the owner or 

operator has been notified in writing that 

his/her application is complete. The 

Administrator (or the State) will notify the 

owner or operator in writing of the status of 

his/her application, that is, whether the 

application contains sufficient information to 

make a determination, within 15 calendar days 

after receipt of the original application and 

within 15 calendar days after receipt of any 

supplementary information that is submitted. 

(ii) When notifying the owner or operator that 

his/her application is not complete, the 

Administrator will specify the information 

needed to complete the application and provide 

notice of opportunity for the applicant to 

present, in writing, within 15 calendar days 

after he/she is notified of the incomplete 

application, additional information or 

arguments to the Administrator to enable 

further action on the application. 

(iii) Before denying any request for an extension of 

compliance, the Administrator will notify the 

owner or operator in writing of the 

Administrator’s intention to issue the denial, 

together with-- 
1-48 

(A) Notice of the information and findings on 

which the intended denial is based; and 

(B) Notice of opportunity for the owner or 

operator to present in writing, within 15 

calendar days after he/she is notified of 

the intended denial, additional 

information or arguments to the 

Administrator before further action on 

the request. 

(iv) A final determination to deny any request for 

an extension will be in writing and will set 

forth the specific grounds on which the denial 

is based. The final determination will be 

made within 30 calendar days after 

presentation of additional information or 

argument (if the application is complete), or 

within 30 calendar days after the final date 

specified for the presentation if no 

presentation is made. 

(14) The Administrator (or the State with an approved 

permit program) may terminate an extension of 

compliance at an earlier date than specified if any 

specification under paragraphs (i)(10)(iii) or 

(i)(10)(iv) of this section is not met. 

15) [Reserved] 

16) The granting of an extension under this section shall 

not abrogate the Administrator’s authority under 

section 114 of the Act. 

(j) Exemption from compliance with emission standards. The 

President may exempt any stationary source from compliance 

with any relevant standard established pursuant to section 

112 of the Act for a period of not more than 2 years if 

the President determines that the technology to implement 

such standard is not available and that it is in the 

national security interests of the United States to do so. 

An exemption under this paragraph may be extended for 1 or 

more additional periods, each period not to exceed 2 

years. 

Sec. 63.7 Performance testing requirements. 

(a) Applicability and performance test dates. 

(1) Unless otherwise specified, this section applies to 

the owner or operator of an affected source required 

to do performance testing, or another form of 

compliance demonstration, under a relevant standard. 
1-49 

(2) If required to do performance testing by a relevant 

standard, and unless a waiver of performance testing 

is obtained under this section or the conditions of 

paragraph (c)(3)(ii)(B) of this section apply, the 

owner or operator of the affected source shall 

perform such tests as follows-- 

(i) Within 180 days after the effective date of a 

relevant standard for a new source that has an 

initial startup date before the effective 

date; or 

(ii) Within 180 days after initial startup for a 

new source that has an initial startup date 

after the effective date of a relevant 

standard; or 

(iii) Within 180 days after the compliance date 

specified in an applicable subpart of this 

part for an existing source subject to an 

emission standard established pursuant to 

section 112(d) of the Act, or within 180 days 

after startup of an existing source if the 

source begins operation after the effective 

date of the relevant emission standard; or 

(iv) Within 180 days after the compliance date for 

an existing source subject to an emission 

standard established pursuant to section 

112(f) of the Act; or 

(v) Within 180 days after the termination date of 

the source’s extension of compliance for an 

existing source that obtains an extension of 

compliance under Sec. 63.6(i); or 

(vi) Within 180 days after the compliance date for 

a new source, subject to an emission standard 

established pursuant to section 112(f) of the 

Act, for which construction or reconstruction 

is commenced after the proposal date of a 

relevant standard established pursuant to 

section 112(d) of the Act but before the 

proposal date of the relevant standard 

established pursuant to section 112(f) [see 

Sec. 63.6(b)(4)]; or 

(vii) [Reserved]; or 

(viii) [Reserved]; or 

(ix) When an emission standard promulgated under 

this part is more stringent than the standard 

proposed (see Sec. 63.6(b)(3)), the owner or 
1-50 

operator of a new or reconstructed source 

subject to that standard for which 

construction or reconstruction is commenced 

between the proposal and promulgation dates of 

the standard shall comply with performance 

testing requirements within 180 days after the 

standard’s effective date, or within 180 days 

after startup of the source, whichever is 

later. If the promulgated standard is more 

stringent than the proposed standard, the 

owner or operator may choose to demonstrate 

compliance with either the proposed or the 

promulgated standard. If the owner or 

operator chooses to comply with the proposed 

standard initially, the owner or operator 

shall conduct a second performance test within 

3 years and 180 days after the effective date 

of the standard, or after startup of the 

source, whichever is later, to demonstrate 

compliance with the promulgated standard. 

(3) The Administrator may require an owner or operator to 

conduct performance tests at the affected source at 

any other time when the action is authorized by 

section 114 of the Act. 

(b) Notification of performance test. 

(1) The owner or operator of an affected source shall 

notify the Administrator in writing of his or her 

intention to conduct a performance test at least 60 

calendar days before the performance test is 

scheduled to begin to allow the Administrator, upon 

request, to review and approve the site-specific test 

plan required under paragraph (c) of this section and 

to have an observer present during the test. 

Observation of the performance test by the 

Administrator is optional. 

(2) In the event the owner or operator is unable to 

conduct the performance test on the date specified in 

the notification requirement specified in paragraph 

(b)(1) of this section, due to unforeseeable 

circumstances beyond his or her control, the owner or 

operator shall notify the Administrator within 5 days 

prior to the scheduled performance test date and 

specify the date when the performance test is 

rescheduled. This notification of delay in 

conducting the performance test shall not relieve the 

owner or operator of legal responsibility for 

compliance with any other applicable provisions of 

this part or with any other applicable Federal, 

State, or local requirement, nor will it prevent the 
1-51 

Administrator from implementing or enforcing this 

part or taking any other action under the Act. 

(c) Quality assurance program. 

(1) The results of the quality assurance program required 

in this paragraph will be considered by the 

Administrator when he/she determines the validity of 

a performance test. 

(2) (i) Submission of site-specific test plan. Before 

conducting a required performance test, the 

owner or operator of an affected source shall 

develop and, if requested by the 

Administrator, shall submit a site-specific 

test plan to the Administrator for approval. 

The test plan shall include a test program 

summary, the test schedule, data quality 

objectives, and both an internal and external 

quality assurance (QA) program. Data quality 

objectives are the pretest expectations of 

precision, accuracy, and completeness of data. 

(ii) The internal QA program shall include, at a 

minimum, the activities planned by routine 

operators and analysts to provide an 

assessment of test data precision; an example 

of internal QA is the sampling and analysis of 

replicate samples. 

(iii) The external QA program shall include, at a 

minimum, application of plans for a test 

method performance audit (PA) during the 

performance test. The PA’s consist of blind 

audit samples provided by the Administrator 

and analyzed during the performance test in 

order to provide a measure of test data bias. 

The external QA program may also include 

systems audits that include the opportunity 

for on-site evaluation by the Administrator of 

instrument calibration, data validation, 

sample logging, and documentation of quality 

control data and field maintenance activities. 

(iv) The owner or operator of an affected source 

shall submit the site-specific test plan to 

the Administrator upon the Administrator’s 

request at least 60 calendar days before the 

performance test is scheduled to take place, 

that is, simultaneously with the notification 

of intention to conduct a performance test 

required under paragraph (b) of this section, 

or on a mutually agreed upon date. 
1-52 

(v) The Administrator may request additional 

relevant information after the submittal of a 

site-specific test plan. 

(3) Approval of site-specific test plan. 

(i) The Administrator will notify the owner or 

operator of approval or intention to deny 

approval of the site-specific test plan (if 

review of the site-specific test plan is 

requested) within 30 calendar days after 

receipt of the original plan and within 30 

calendar days after receipt of any 

supplementary information that is submitted 

under paragraph (c)(3)(i)(B) of this section. 

Before disapproving any site-specific test 

plan, the Administrator will notify the 

applicant of the Administrator’s intention to 

disapprove the plan together with-- 

(A) Notice of the information and findings on 

which the intended disapproval is based; 

and 

(B) Notice of opportunity for the owner or 

operator to present, within 30 calendar 

days after he/she is notified of the 

intended disapproval, additional 

information to the Administrator before 

final action on the plan. 

(ii) In the event that the Administrator fails to 

approve or disapprove the site-specific test 

plan within the time period specified in 

paragraph (c)(3)(i) of this section, the 

following conditions shall apply: 

(A) If the owner or operator intends to 

demonstrate compliance using the test 

method(s) specified in the relevant 

standard, the owner or operator shall 

conduct the performance test within the 

time specified in this section using the 

specified method(s); 

(B) If the owner or operator intends to 

demonstrate compliance by using an 

alternative to any test method specified 

in the relevant standard, the owner or 

operator shall refrain from conducting 

the performance test until the 

Administrator approves the use of the 

alternative method when the Administrator 

approves the site-specific test plan (if 
1-53 

review of the site-specific test plan is 

requested) or until after the alternative 

method is approved (see paragraph (f) of 

this section). If the Administrator does 

not approve the site-specific test plan 

(if review is requested) or the use of 

the alternative method within 30 days 

before the test is scheduled to begin, 

the performance test dates specified in 

paragraph (a) of this section may be 

extended such that the owner or operator 

shall conduct the performance test within 

60 calendar days after the Administrator 

approves the site-specific test plan or 

after use of the alternative method is 

approved. Notwithstanding the 

requirements in the preceding two 

sentences, the owner or operator may 

proceed to conduct the performance test 

as required in this section (without the 

Administrator’s prior approval of the 

site-specific test plan) if he/she 

subsequently chooses to use the specified 

testing and monitoring methods instead of 

an alternative. 

(iii) Neither the submission of a site-specific test 

plan for approval, nor the Administrator’s 

approval or disapproval of a plan, nor the 

Administrator’s failure to approve or 

disapprove a plan in a timely manner shall-- 

(A) Relieve an owner or operator of legal 

responsibility for compliance with any 

applicable provisions of this part or 

with any other applicable Federal, State, 

or local requirement; or 

(B) Prevent the Administrator from 

implementing or enforcing this part or 

taking any other action under the Act. 

(4) (i) Performance test method audit program. The 

owner or operator shall analyze performance 

audit (PA) samples during each performance 

test. The owner or operator shall request 

performance audit materials 45 days prior to 

the test date. Cylinder audit gases, if 

available, must be obtained from the 

appropriate EPA Regional Office or from the 

responsible enforcement authority and analyzed 

in conjunction with the field samples. 
1-54 

(ii) The Administrator will have sole discretion to 

require any subsequent remedial actions of the 

owner or operator based on the PA results. 

(iii) If the Administrator fails to provide required 

PA materials to an owner or operator of an 

affected source in time to analyze the PA 

samples during a performance test, the 

requirement to conduct a PA under this 

paragraph shall be waived for such source for 

that performance test. Waiver under this 

paragraph of the requirement to conduct a PA 

for a particular performance test does not 

constitute a waiver of the requirement to 

conduct a PA for future required performance 

tests. 

(d) Performance testing facilities. If required to do 

performance testing, the owner or operator of each new 

source and, at the request of the Administrator, the owner 

or operator of each existing source, shall provide 

performance testing facilities as follows: 

(1) Sampling ports adequate for test methods applicable 

to such source. This includes: 

(i) Constructing the air pollution control system 

such that volumetric flow rates and pollutant 

emission rates can be accurately determined by 

applicable test methods and procedures; and 

(ii) Providing a stack or duct free of cyclonic 

flow during performance tests, as demonstrated 

by applicable test methods and procedures; 

(2) Safe sampling platform(s); 

(3) Safe access to sampling platform(s); 

(4) Utilities for sampling and testing equipment; and 

(5) Any other facilities that the Administrator deems 

necessary for safe and adequate testing of a source. 

(e) Conduct of performance tests. 

(1) Performance tests shall be conducted under such 

conditions as the Administrator specifies to the 

owner or operator based on representative performance 

(i.e., performance based on normal operating 

conditions) of the affected source. Operations 

during periods of startup, shutdown, and malfunction 

shall not constitute representative conditions for 

the purpose of a performance test, nor shall 
1-55 

emissions in excess of the level of the relevant 

standard during periods of startup, shutdown, and 

malfunction be considered a violation of the relevant 

standard unless otherwise specified in the relevant 

standard or a determination of noncompliance is made 

under Sec. 63.6(e). Upon request, the owner or 

operator shall make available to the Administrator 

such records as may be necessary to determine the 

conditions of performance tests. 

(2) Performance tests shall be conducted and data shall 

be reduced in accordance with the test methods and 

procedures set forth in this section, in each 

relevant standard, and, if required, in applicable 

appendices of parts 51, 60, 61, and 63 of this 

chapter unless the Administrator-- 

(i) Specifies or approves, in specific cases, the 

use of a test method with minor changes in 

methodology; or 

(ii) Approves the use of an alternative test 

method, the results of which the Administrator 

has determined to be adequate for indicating 

whether a specific affected source is in 

compliance; or 

(iii) Approves shorter sampling times and smaller 

sample volumes when necessitated by process 

variables or other factors; or 

(iv) Waives the requirement for performance tests 

because the owner or operator of an affected 

source has demonstrated by other means to the 

Administrator’s satisfaction that the affected 

source is in compliance with the relevant 

standard. 

(3) Unless otherwise specified in a relevant standard or 

test method, each performance test shall consist of 

three separate runs using the applicable test method. 

Each run shall be conducted for the time and under 

the conditions specified in the relevant standard. 

For the purpose of determining compliance with a 

relevant standard, the arithmetic mean of the results 

of the three runs shall apply. Upon receiving 

approval from the Administrator, results of a test 

run may be replaced with results of an additional 

test run in the event that-- 

(i) A sample is accidentally lost after the 

testing team leaves the site; or 
1-56 

(ii) Conditions occur in which one of the three 

runs must be discontinued because of forced 

shutdown; or 

iii) Extreme meteorological conditions occur; or 

iv) Other circumstances occur that are beyond the 

owner or operator’s control. 

(4) Nothing in paragraphs (e)(1) through (e)(3) of this 

section shall be construed to abrogate the 

Administrator’s authority to require testing under 

section 114 of the Act. 

(f) Use of an alternative test method – 

(1) General. Until permission to use an alternative test 

method has been granted by the Administrator under 

this paragraph, the owner or operator of an affected 

source remains subject to the requirements of this 

section and the relevant standard. 

(2) The owner or operator of an affected source required 

to do performance testing by a relevant standard may 

use an alternative test method from that specified in 

the standard provided that the owner or operator-- 

(i) Notifies the Administrator of his or her 

intention to use an alternative test method 

not later than with the submittal of the sitespecific test plan (if requested by the 

Administrator) or at least 60 days before the 

performance test is scheduled to begin if a 

site-specific test plan is not submitted; 

(ii) Uses Method 301 in appendix A of this part to 

validate the alternative test method; and 

(iii) Submits the results of the Method 301 

validation process along with the notification 

of intention and the justification for not 

using the specified test method. The owner or 

operator may submit the information required 

in this paragraph well in advance of the 

deadline specified in paragraph (f)(2)(i) of 

this section to ensure a timely review by the 

Administrator in order to meet the performance 

test date specified in this section or the 

relevant standard. 

(3) The Administrator will determine whether the owner or 

operator’s validation of the proposed alternative 

test method is adequate when the Administrator 

approves or disapproves the site-specific test plan 
1-57 

required under paragraph (c) of this section. If the 

Administrator finds reasonable grounds to dispute the 

results obtained by the Method 301 validation 

process, the Administrator may require the use of a 

test method specified in a relevant standard. 

(4) If the Administrator finds reasonable grounds to 

dispute the results obtained by an alternative test 

method for the purposes of demonstrating compliance 

with a relevant standard, the Administrator may 

require the use of a test method specified in a 

relevant standard. 

(5) If the owner or operator uses an alternative test 

method for an affected source during a required 

performance test, the owner or operator of such 

source shall continue to use the alternative test 

method for subsequent performance tests at that 

affected source until he or she receives approval 

from the Administrator to use another test method as 

allowed under Sec. 63.7(f). 

(6) Neither the validation and approval process nor the 

failure to validate an alternative test method shall 

abrogate the owner or operator’s responsibility to 

comply with the requirements of this part. 

(g) Data analysis, recordkeeping, and reporting. 

(1) Unless otherwise specified in a relevant standard or 

test method, or as otherwise approved by the 

Administrator in writing, results of a performance 

test shall include the analysis of samples, 

determination of emissions, and raw data. A 

performance test is “completed” when field sample 

collection is terminated. The owner or operator of 

an affected source shall report the results of the 

performance test to the Administrator before the 

close of business on the 60th day following the 

completion of the performance test, unless specified 

otherwise in a relevant standard or as approved 

otherwise in writing by the Administrator (see Sec. 

63.9(i)). The results of the performance test shall 

be submitted as part of the notification of 

compliance status required under Sec. 63.9(h). 

Before a title V permit has been issued to the owner 

or operator of an affected source, the owner or 

operator shall send the results of the performance 

test to the Administrator. After a title V permit 

has been issued to the owner or operator of an 

affected source, the owner or operator shall send the 

results of the performance test to the appropriate 

permitting authority. 
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(2) [Reserved] 

(3) For a minimum of 5 years after a performance test is 

conducted, the owner or operator shall retain and 

make available, upon request, for inspection by the 

Administrator the records or results of such 

performance test and other data needed to determine 

emissions from an affected source. 

(h) Waiver of performance tests. 

(1) Until a waiver of a performance testing requirement 

has been granted by the Administrator under this 

paragraph, the owner or operator of an affected 

source remains subject to the requirements of this 

section. 

(2) Individual performance tests may be waived upon 

written application to the Administrator if, in the 

Administrator’s judgment, the source is meeting the 

relevant standard(s) on a continuous basis, or the 

source is being operated under an extension of 

compliance, or the owner or operator has requested an 

extension of compliance and the Administrator is 

still considering that request. 

(3) Request to waive a performance test. 

(i) If a request is made for an extension of 

compliance under Sec. 63.6(i), the application 

for a waiver of an initial performance test 

shall accompany the information required for 

the request for an extension of compliance. 

If no extension of compliance is requested or 

if the owner or operator has requested an 

extension of compliance and the Administrator 

is still considering that request, the 

application for a waiver of an initial 

performance test shall be submitted at least 

60 days before the performance test if the 

site-specific test plan under paragraph (c) of 

this section is not submitted. 

(ii) If an application for a waiver of a subsequent 

performance test is made, the application may 

accompany any required compliance progress 

report, compliance status report, or excess 

emissions and continuous monitoring system 

performance report [such as those required 

under Sec. 63.6(i), Sec. 63.9(h), and Sec. 

63.10(e) or specified in a relevant standard 

or in the source’s title V permit], but it 

shall be submitted at least 60 days before the 

performance test if the site-specific test 
1-59 

plan required under paragraph (c) of this 

section is not submitted. 

(iii) Any application for a waiver of a performance 

test shall include information justifying the 

owner or operator’s request for a waiver, such 

as the technical or economic infeasibility, or 

the impracticality, of the affected source 

performing the required test. 

(4) Approval of request to waive performance test. The 

Administrator will approve or deny a request for a 

waiver of a performance test made under paragraph 

(h)(3) of this section when he/she-- 

(i) Approves or denies an extension of compliance 

under Sec. 63.6(i)(8); or 

(ii) Approves or disapproves a site-specific test 

plan under Sec. 63.7(c)(3); or 

(iii) Makes a determination of compliance following 

the submission of a required compliance status 

report or excess emissions and continuous 

monitoring systems performance report; or 

(iv) Makes a determination of suitable progress 

towards compliance following the submission of 

a compliance progress report, whichever is 

applicable. 

(5) Approval of any waiver granted under this section 

shall not abrogate the Administrator’s authority 

under the Act or in any way prohibit the 

Administrator from later canceling the waiver. The 

cancellation will be made only after notice is given 

to the owner or operator of the affected source. 

[59 FR 12430, Mar. 16, 1994, as amended at 65 FR 62215, Oct. 17, 2000] 

Sec. 63.8 Monitoring requirements. 

(a) Applicability. 

(1) (i) Unless otherwise specified in a relevant 

standard, this section applies to the owner or 

operator of an affected source required to do 

monitoring under that standard. 

(ii) Relevant standards established under this part 

will specify monitoring systems, methods, or 

procedures, monitoring frequency, and other 

pertinent requirements for source(s) regulated 

by those standards. This section specifies 
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general monitoring requirements such as those 

governing the conduct of monitoring and 

requests to use alternative monitoring 

methods. In addition, this section specifies 

detailed requirements that apply to affected 

sources required to use continuous monitoring 

systems (CMS) under a relevant standard. 

(2) For the purposes of this part, all CMS required under 

relevant standards shall be subject to the provisions 

of this section upon promulgation of performance 

specifications for CMS as specified in the relevant 

standard or otherwise by the Administrator. 

(3) [Reserved] 

(4) Additional monitoring requirements for control 

devices used to comply with provisions in relevant 

standards of this part are specified in Sec. 63.11. 

(b) Conduct of monitoring. 

(1) Monitoring shall be conducted as set forth in this 

section and the relevant standard(s) unless the 

Administrator-- 

(i) Specifies or approves the use of minor changes 

in methodology for the specified monitoring 

requirements and procedures; or 

(ii) Approves the use of alternatives to any 

monitoring requirements or procedures. 

(iii) Owners or operators with flares subject to 

Sec. 63.11(b) are not subject to the 

requirements of this section unless otherwise 

specified in the relevant standard. 

(2) (i) When the effluents from a single affected 

source, or from two or more affected sources, 

are combined before being released to the 

atmosphere, the owner or operator shall 

install an applicable CMS on each effluent. 

(ii) If the relevant standard is a mass emission 

standard and the effluent from one affected 

source is released to the atmosphere through 

more than one point, the owner or operator 

shall install an applicable CMS at each 

emission point unless the installation of 

fewer systems is-- 

(A) Approved by the Administrator; or 
1-61 

(B) Provided for in a relevant standard 

(e.g., instead of requiring that a CMS be 

installed at each emission point before 

the effluents from those points are 

channeled to a common control device, the 

standard specifies that only one CMS is 

required to be installed at the vent of 

the control device). 

(3) When more than one CMS is used to measure the 

emissions from one affected source (e.g., multiple 

breechings, multiple outlets), the owner or operator 

shall report the results as required for each CMS. 

However, when one CMS is used as a backup to another 

CMS, the owner or operator shall report the results 

from the CMS used to meet the monitoring requirements 

of this part. If both such CMS are used during a 

particular reporting period to meet the monitoring 

requirements of this part, then the owner or operator 

shall report the results from each CMS for the 

relevant compliance period. 

(c) Operation and maintenance of continuous monitoring 

systems. 

(1) The owner or operator of an affected source shall 

maintain and operate each CMS as specified in this 

section, or in a relevant standard, and in a manner 

consistent with good air pollution control practices. 

(i) The owner or operator of an affected source 

shall ensure the immediate repair or 

replacement of CMS parts to correct “routine” 

or otherwise predictable CMS malfunctions as 

defined in the source’s startup, shutdown, and 

malfunction plan required by Sec. 63.6(e)(3). 

The owner or operator shall keep the necessary 

parts for routine repairs of the affected 

equipment readily available. If the plan is 

followed and the CMS repaired immediately, 

this action shall be reported in the 

semiannual startup, shutdown, and malfunction 

report required under Sec. 63.10(d)(5)(i). 

(ii) For those malfunctions or other events that 

affect the CMS and are not addressed by the 

startup, shutdown, and malfunction plan, the 

owner or operator shall report actions that 

are not consistent with the startup, shutdown, 

and malfunction plan within 24 hours after 

commencing actions inconsistent with the plan. 

The owner or operator shall send a follow-up 

report within 2 weeks after commencing actions 

inconsistent with the plan that either 
1-62 

certifies that corrections have been made or 

includes a corrective action plan and 

schedule. The owner or operator shall provide 

proof that repair parts have been ordered or 

any other records that would indicate that the 

delay in making repairs is beyond his or her 

control. 

(iii) The Administrator’s determination of whether 

acceptable operation and maintenance 

procedures are being used will be based on 

information that may include, but is not 

limited to, review of operation and 

maintenance procedures, operation and 

maintenance records, manufacturing 

recommendations and specifications, and 

inspection of the CMS. Operation and 

maintenance procedures written by the CMS 

manufacturer and other guidance also can be 

used to maintain and operate each CMS. 

(2) All CMS shall be installed such that representative 

measurements of emissions or process parameters from 

the affected source are obtained. In addition, CEMS 

shall be located according to procedures contained in 

the applicable performance specification(s). 

(3) All CMS shall be installed, operational, and the data 

verified as specified in the relevant standard either 

prior to or in conjunction with conducting 

performance tests under Sec. 63.7. Verification of 

operational status shall, at a minimum, include 

completion of the manufacturer’s written 

specifications or recommendations for installation, 

operation, and calibration of the system. 

(4) Except for system breakdowns, out-of-control periods, 

repairs, maintenance periods, calibration checks, and 

zero (low-level) and high-level calibration drift 

adjustments, all CMS, including COMS and CEMS, shall 

be in continuous operation and shall meet minimum 

frequency of operation requirements as follows: 

(i) All COMS shall complete a minimum of one cycle 

of sampling and analyzing for each successive 

10-second period and one cycle of data 

recording for each successive 6-minute period. 

(ii) All CEMS for measuring emissions other than 

opacity shall complete a minimum of one cycle 

of operation (sampling, analyzing, and data 

recording) for each successive 15-minute 

period. 
1-63 

(5) Unless otherwise approved by the Administrator, 

minimum procedures for COMS shall include a method 

for producing a simulated zero opacity condition and 

an upscale (high-level) opacity condition using a 

certified neutral density filter or other related 

technique to produce a known obscuration of the light 

beam. Such procedures shall provide a system check 

of all the analyzer’s internal optical surfaces and 

all electronic circuitry, including the lamp and 

photodetector assembly normally used in the 

measurement of opacity. 

(6) The owner or operator of a CMS installed in 

accordance with the provisions of this part and the 

applicable CMS performance specification(s) shall 

check the zero (low-level) and high-level calibration 

drifts at least once daily in accordance with the 

written procedure specified in the performance 

evaluation plan developed under paragraphs (e)(3)(i) 

and (e)(3)(ii) of this section. The zero (low-level) 

and high-level calibration drifts shall be adjusted, 

at a minimum, whenever the 24-hour zero (low-level) 

drift exceeds two times the limits of the applicable 

performance specification(s) specified in the 

relevant standard. The system must allow the amount 

of excess zero (low-level) and high-level drift 

measured at the 24-hour interval checks to be 

recorded and quantified, whenever specified. For 

COMS, all optical and instrumental surfaces exposed 

to the effluent gases shall be cleaned prior to 

performing the zero (low-level) and high-level drift 

adjustments; the optical surfaces and instrumental 

surfaces shall be cleaned when the cumulative 

automatic zero compensation, if applicable, exceeds 4 

percent opacity. 

(7) (i) A CMS is out of control if-- 

(A) The zero (low-level), mid-level (if 

applicable), or high-level calibration 

drift (CD) exceeds two times the 

applicable CD specification in the 

applicable performance specification or 

in the relevant standard; or 

(B) The CMS fails a performance test audit 

(e.g., cylinder gas audit), relative 

accuracy audit, relative accuracy test 

audit, or linearity test audit; or 

(C) The COMS CD exceeds two times the limit 

in the applicable performance 

specification in the relevant standard. 
1-64 

(ii) When the CMS is out of control, the owner or 

operator of the affected source shall take the 

necessary corrective action and shall repeat 

all necessary tests which indicate that the 

system is out of control. The owner or 

operator shall take corrective action and 

conduct retesting until the performance 

requirements are below the applicable limits. 

The beginning of the out-of-control period is 

the hour the owner or operator conducts a 

performance check (e.g., calibration drift) 

that indicates an exceedance of the 

performance requirements established under 

this part. The end of the out-of-control 

period is the hour following the completion of 

corrective action and successful demonstration 

that the system is within the allowable 

limits. During the period the CMS is out of 

control, recorded data shall not be used in 

data averages and calculations, or to meet any 

data availability requirement established 

under this part. 

(8) The owner or operator of a CMS that is out of control 

as defined in paragraph (c)(7) of this section shall 

submit all information concerning out-of-control 

periods, including start and end dates and hours and 

descriptions of corrective actions taken, in the 

excess emissions and continuous monitoring system 

performance report required in Sec. 63.10(e)(3). 

(d) Quality control program. 

(1) The results of the quality control program required 

in this paragraph will be considered by the 

Administrator when he/she determines the validity of 

monitoring data. 

(2) The owner or operator of an affected source that is 

required to use a CMS and is subject to the 

monitoring requirements of this section and a 

relevant standard shall develop and implement a CMS 

quality control program. As part of the quality 

control program, the owner or operator shall develop 

and submit to the Administrator for approval upon 

request a site-specific performance evaluation test 

plan for the CMS performance evaluation required in 

paragraph (e)(3)(i) of this section, according to the 

procedures specified in paragraph (e). In addition, 

each quality control program shall include, at a 

minimum, a written protocol that describes procedures 

for each of the following operations: 
1-65 

(i) Initial and any subsequent calibration of the 

CMS; 

(ii) Determination and adjustment of the 

calibration drift of the CMS; 

(iii) Preventive maintenance of the CMS, including 

spare parts inventory; 

(iv) Data recording, calculations, and reporting; 

(v) Accuracy audit procedures, including sampling 

and analysis methods; and 

(vi) Program of corrective action for a 

malfunctioning CMS. 

(3) The owner or operator shall keep these written 

procedures on record for the life of the affected 

source or until the affected source is no longer 

subject to the provisions of this part, to be made 

available for inspection, upon request, by the 

Administrator. If the performance evaluation plan is 

revised, the owner or operator shall keep previous 

(i.e., superseded) versions of the performance 

evaluation plan on record to be made available for 

inspection, upon request, by the Administrator, for a 

period of 5 years after each revision to the plan. 

Where relevant, e.g., program of corrective action 

for a malfunctioning CMS, these written procedures 

may be incorporated as part of the affected source’s 

startup, shutdown, and malfunction plan to avoid 

duplication of planning and recordkeeping efforts. 

(e) Performance evaluation of continuous monitoring systems— 

(1) General. When required by a relevant standard, and 

at any other time the Administrator may require under 

section 114 of the Act, the owner or operator of an 

affected source being monitored shall conduct a 

performance evaluation of the CMS. Such performance 

evaluation shall be conducted according to the 

applicable specifications and procedures described in 

this section or in the relevant standard. 

(2) Notification of performance evaluation. The owner or 

operator shall notify the Administrator in writing of 

the date of the performance evaluation simultaneously 

with the notification of the performance test date 

required under Sec. 63.7(b) or at least 60 days prior 

to the date the performance evaluation is scheduled 

to begin if no performance test is required. 
1-66 

(3) (i) Submission of site-specific performance 

evaluation test plan. Before conducting a 

required CMS performance evaluation, the owner 

or operator of an affected source shall 

develop and submit a site-specific performance 

evaluation test plan to the Administrator for 

approval upon request. The performance 

evaluation test plan shall include the 

evaluation program objectives, an evaluation 

program summary, the performance evaluation 

schedule, data quality objectives, and both an 

internal and external QA program. Data 

quality objectives are the pre-evaluation 

expectations of precision, accuracy, and 

completeness of data. 

(ii) The internal QA program shall include, at a 

minimum, the activities planned by routine 

operators and analysts to provide an 

assessment of CMS performance. The external 

QA program shall include, at a minimum, 

systems audits that include the opportunity 

for on-site evaluation by the Administrator of 

instrument calibration, data validation, 

sample logging, and documentation of quality 

control data and field maintenance activities. 

(iii) The owner or operator of an affected source 

shall submit the site-specific performance 

evaluation test plan to the Administrator (if 

requested) at least 60 days before the 

performance test or performance evaluation is 

scheduled to begin, or on a mutually agreed 

upon date, and review and approval of the 

performance evaluation test plan by the 

Administrator will occur with the review and 

approval of the site-specific test plan (if 

review of the site-specific test plan is 

requested). 

(iv) The Administrator may request additional 

relevant information after the submittal of a 

site-specific performance evaluation test 

plan. 

(v) In the event that the Administrator fails to 

approve or disapprove the site-specific 

performance evaluation test plan within the 

time period specified in Sec. 63.7(c)(3), the 

following conditions shall apply: 

(A) If the owner or operator intends to 

demonstrate compliance using the 

monitoring method(s) specified in the 
1-67 

relevant standard, the owner or operator 

shall conduct the performance evaluation 

within the time specified in this subpart

using the specified method(s); 

(B) If the owner or operator intends to 

demonstrate compliance by using an 

alternative to a monitoring method 

specified in the relevant standard, the 

owner or operator shall refrain from 

conducting the performance evaluation 

until the Administrator approves the use 

of the alternative method. If the 

Administrator does not approve the use of 

the alternative method within 30 days 

before the performance evaluation is 

scheduled to begin, the performance 

evaluation deadlines specified in 

paragraph (e)(4) of this section may be 

extended such that the owner or operator 

shall conduct the performance evaluation 

within 60 calendar days after the 

Administrator approves the use of the 

alternative method. Notwithstanding the 

requirements in the preceding two 

sentences, the owner or operator may 

proceed to conduct the performance 

evaluation as required in this section 

(without the Administrator’s prior 

approval of the site-specific performance 

evaluation test plan) if he/she 

subsequently chooses to use the specified 

monitoring method(s) instead of an 

alternative. 

(vi) Neither the submission of a site-specific 

performance evaluation test plan for approval, 

nor the Administrator’s approval or 

disapproval of a plan, nor the Administrator’ 

failure to approve or disapprove a plan in a 

timely manner shall-- 

(A) Relieve an owner or operator of legal 

responsibility for compliance with any 

applicable provisions of this part or 

with any other applicable Federal, State, 

or local requirement; or 

(B) Prevent the Administrator from 

implementing or enforcing this part or 

taking any other action under the Act. 

(4) Conduct of performance evaluation and performance 

evaluation dates. The owner or operator of an 
1-68 

affected source shall conduct a performance 

evaluation of a required CMS during any performance 

test required under Sec. 63.7 in accordance with the 

applicable performance specification as specified in 

the relevant standard. Notwithstanding the 

requirement in the previous sentence, if the owner or 

operator of an affected source elects to submit COMS 

data for compliance with a relevant opacity emission 

standard as provided under Sec. 63.6(h)(7), he/she 

shall conduct a performance evaluation of the COMS as 

specified in the relevant standard, before the 

performance test required under Sec. 63.7 is 

conducted in time to submit the results of the 

performance evaluation as specified in paragraph 

(e)(5)(ii) of this section. If a performance test is 

not required, or the requirement for a performance 

test has been waived under Sec. 63.7(h), the owner or 

operator of an affected source shall conduct the 

performance evaluation not later than 180 days after 

the appropriate compliance date for the affected 

source, as specified in Sec. 63.7(a), or as otherwise 

specified in the relevant standard. 

(5) Reporting performance evaluation results. 

(i) The owner or operator shall furnish the 

Administrator a copy of a written report of 

the results of the performance evaluation 

simultaneously with the results of the 

performance test required under Sec. 63.7 or 

within 60 days of completion of the 

performance evaluation if no test is required, 

unless otherwise specified in a relevant 

standard. The Administrator may request that 

the owner or operator submit the raw data from 

a performance evaluation in the report of the 

performance evaluation results. 

(ii) The owner or operator of an affected source 

using a COMS to determine opacity compliance 

during any performance test required under 

Sec. 63.7 and described in Sec. 63.6(d)(6) 

shall furnish the Administrator two or, upon 

request, three copies of a written report of 

the results of the COMS performance evaluation 

under this paragraph. The copies shall be 

provided at least 15 calendar days before the 

performance test required under Sec. 63.7 is 

conducted. 

(f) Use of an alternative monitoring method— 

(1) General. Until permission to use an alternative 

monitoring method has been granted by the 
1-69 

Administrator under this paragraph, the owner or 

operator of an affected source remains subject to the 

requirements of this section and the relevant 

standard. 

(2) After receipt and consideration of written 

application, the Administrator may approve 

alternatives to any monitoring methods or procedures 

of this part including, but not limited to, the 

following: 

(i) Alternative monitoring requirements when 

installation of a CMS specified by a relevant 

standard would not provide accurate 

measurements due to liquid water or other 

interferences caused by substances within the 

effluent gases; 

(ii) Alternative monitoring requirements when the 

affected source is infrequently operated; 

(iii) Alternative monitoring requirements to 

accommodate CEMS that require additional 

measurements to correct for stack moisture 

conditions; 

(iv) Alternative locations for installing CMS when 

the owner or operator can demonstrate that 

installation at alternate locations will 

enable accurate and representative 

measurements; 

(v) Alternate methods for converting pollutant 

concentration measurements to units of the 

relevant standard; 

(vi) Alternate procedures for performing daily 

checks of zero (low-level) and high-level 

drift that do not involve use of high-level 

gases or test cells; 

(vii) Alternatives to the American Society for 

Testing and Materials (ASTM) test methods or 

sampling procedures specified by any relevant 

standard; 

(viii) Alternative CMS that do not meet the design or 

performance requirements in this part, but 

adequately demonstrate a definite and 

consistent relationship between their 

measurements and the measurements of opacity 

by a system complying with the requirements as 

specified in the relevant standard. The 

Administrator may require that such 
1-70 

demonstration be performed for each affected 

source; or 

(ix) Alternative monitoring requirements when the 

effluent from a single affected source or the 

combined effluent from two or more affected 

sources is released to the atmosphere through 

more than one point. 

(3) If the Administrator finds reasonable grounds to 

dispute the results obtained by an alternative 

monitoring method, requirement, or procedure, the 

Administrator may require the use of a method, 

requirement, or procedure specified in this section 

or in the relevant standard. If the results of the 

specified and alternative method, requirement, or 

procedure do not agree, the results obtained by the 

specified method, requirement, or procedure shall 

prevail. 

(4) (i) Request to use alternative monitoring method. 

An owner or operator who wishes to use an 

alternative monitoring method shall submit an 

application to the Administrator as described 

in paragraph (f)(4)(ii) of this section, 

below. The application may be submitted at 

any time provided that the monitoring method 

is not used to demonstrate compliance with a 

relevant standard or other requirement. If 

the alternative monitoring method is to be 

used to demonstrate compliance with a relevant 

standard, the application shall be submitted 

not later than with the site-specific test 

plan required in Sec. 63.7(c) (if requested) 

or with the site-specific performance 

evaluation plan (if requested) or at least 60 

days before the performance evaluation is 

scheduled to begin. 

(ii) The application shall contain a description of 

the proposed alternative monitoring system and 

a performance evaluation test plan, if 

required, as specified in paragraph (e)(3) of 

this section. In addition, the application 

shall include information justifying the owner 

or operator’s request for an alternative 

monitoring method, such as the technical or 

economic infeasibility, or the impracticality, 

of the affected source using the required 

method. 

(iii) The owner or operator may submit the 

information required in this paragraph well in 

advance of the submittal dates specified in 
1-71 

paragraph (f)(4)(i) above to ensure a timely 

review by the Administrator in order to meet 

the compliance demonstration date specified in 

this section or the relevant standard. 

(5) Approval of request to use alternative monitoring 

method. 

(i) The Administrator will notify the owner or 

operator of approval or intention to deny 

approval of the request to use an alternative 

monitoring method within 30 calendar days 

after receipt of the original request and 

within 30 calendar days after receipt of any 

supplementary information that is submitted. 

Before disapproving any request to use an 

alternative monitoring method, the 

Administrator will notify the applicant of the 

Administrator’s intention to disapprove the 

request together with-- 

(A) Notice of the information and findings on 

which the intended disapproval is based; 

and 

(B) Notice of opportunity for the owner or 

operator to present additional 

information to the Administrator before 

final action on the request. At the time 

the Administrator notifies the applicant 

of his or her intention to disapprove the 

request, the Administrator will specify 

how much time the owner or operator will 

have after being notified of the intended 

disapproval to submit the additional 

information. 

(ii) The Administrator may establish general 

procedures and criteria in a relevant standard 

to accomplish the requirements of paragraph 

(f)(5)(i) of this section. 

(iii) If the Administrator approves the use of an 

alternative monitoring method for an affected 

source under paragraph (f)(5)(i) of this 

section, the owner or operator of such source 

shall continue to use the alternative 

monitoring method until he or she receives 

approval from the Administrator to use another 

monitoring method as allowed by Sec. 63.8(f). 

(6) Alternative to the relative accuracy test. An 

alternative to the relative accuracy test for CEMS 
1-72 

specified in a relevant standard may be requested as 

follows: 

(i) Criteria for approval of alternative 

procedures. An alternative to the test method 

for determining relative accuracy is available 

for affected sources with emission rates 

demonstrated to be less than 50 percent of the 

relevant standard. The owner or operator of 

an affected source may petition the 

Administrator under paragraph (f)(6)(ii) of 

this section to substitute the relative 

accuracy test in section 7 of Performance 

Specification 2 with the procedures in section 

10 if the results of a performance test 

conducted according to the requirements in 

Sec. 63.7, or other tests performed following 

the criteria in Sec. 63.7, demonstrate that 

the emission rate of the pollutant of interest 

in the units of the relevant standard is less 

than 50 percent of the relevant standard. For 

affected sources subject to emission 

limitations expressed as control efficiency 

levels, the owner or operator may petition the 

Administrator to substitute the relative 

accuracy test with the procedures in section 

10 of Performance Specification 2 if the 

control device exhaust emission rate is less 

than 50 percent of the level needed to meet 

the control efficiency requirement. The 

alternative procedures do not apply if the 

CEMS is used continuously to determine 

compliance with the relevant standard. 

(ii) Petition to use alternative to relative 

accuracy test. The petition to use an 

alternative to the relative accuracy test 

shall include a detailed description of the 

procedures to be applied, the location and the 

procedure for conducting the alternative, the 

concentration or response levels of the 

alternative relative accuracy materials, and 

the other equipment checks included in the 

alternative procedure(s). The Administrator 

will review the petition for completeness and 

applicability. The Administrator’s 

determination to approve an alternative will 

depend on the intended use of the CEMS data 

and may require specifications more stringent 

than in Performance Specification 2. 

(iii) Rescission of approval to use alternative to 

relative accuracy test. The Administrator 

will review the permission to use an 
1-73 

alternative to the CEMS relative accuracy test 

and may rescind such permission if the CEMS 

data from a successful completion of the 

alternative relative accuracy procedure 

indicate that the affected source’s emissions 

are approaching the level of the relevant 

standard. The criterion for reviewing the 

permission is that the collection of CEMS data 

shows that emissions have exceeded 70 percent 

of the relevant standard for any averaging 

period, as specified in the relevant standard. 

For affected sources subject to emission 

limitations expressed as control efficiency 

levels, the criterion for reviewing the 

permission is that the collection of CEMS data 

shows that exhaust emissions have exceeded 70 

percent of the level needed to meet the 

control efficiency requirement for any 

averaging period, as specified in the relevant 

standard. The owner or operator of the 

affected source shall maintain records and 

determine the level of emissions relative to 

the criterion for permission to use an 

alternative for relative accuracy testing. If 

this criterion is exceeded, the owner or 

operator shall notify the Administrator within 

10 days of such occurrence and include a 

description of the nature and cause of the 

increased emissions. The Administrator will 

review the notification and may rescind 

permission to use an alternative and require 

the owner or operator to conduct a relative 

accuracy test of the CEMS as specified in 

section 7 of Performance Specification 2. 

(g) Reduction of monitoring data. 

(1) The owner or operator of each CMS shall reduce the 

monitoring data as specified in this paragraph. In 

addition, each relevant standard may contain 

additional requirements for reducing monitoring data. 

When additional requirements are specified in a 

relevant standard, the standard will identify any 

unnecessary or duplicated requirements in this 

paragraph that the owner or operator need not comply 

with. 

(2) The owner or operator of each COMS shall reduce all 

data to 6-minute averages calculated from 36 or more 

data points equally spaced over each 6-minute period. 

Data from CEMS for measurement other than opacity, 

unless otherwise specified in the relevant standard, 

shall be reduced to 1-hour averages computed from 

four or more data points equally spaced over each 1-
1-74 

hour period, except during periods when calibration, 

quality assurance, or maintenance activities pursuant 

to provisions of this part are being performed. 

During these periods, a valid hourly average shall 

consist of at least two data points with each 

representing a 15-minute period. Alternatively, an 

arithmetic or integrated 1-hour average of CEMS data 

may be used. Time periods for averaging are defined 

in Sec. 63.2. 

(3) The data may be recorded in reduced or nonreduced 

form (e.g., ppm pollutant and percent O2 or ng/J of 

pollutant). 

(4) All emission data shall be converted into units of 

the relevant standard for reporting purposes using 

the conversion procedures specified in that standard. 

After conversion into units of the relevant standard, 

the data may be rounded to the same number of 

significant digits as used in that standard to 

specify the emission limit (e.g., rounded to the 

nearest 1 percent opacity). 

(5) Monitoring data recorded during periods of 

unavoidable CMS breakdowns, out-of-control periods, 

repairs, maintenance periods, calibration checks, and 

zero (low-level) and high-level adjustments shall not 

be included in any data average computed under this 

part. For owners or operators complying with the 

requirements of Sec. 63.10(b)(2)(vii) (A) or (B), 

data averages must include any data recorded during 

periods of monitor breakdown or malfunction. 

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999] 

Sec. 63.9 Notification requirements. 

(a) Applicability and general information. 

(1) The requirements in this section apply to owners and 

operators of affected sources that are subject to the 

provisions of this part, unless specified otherwise 

in a relevant standard. 

(2) For affected sources that have been granted an 

extension of compliance under subpart D of this part, 

the requirements of this section do not apply to 

those sources while they are operating under such 

compliance extensions. 

(3) If any State requires a notice that contains all the 

information required in a notification listed in this 

section, the owner or operator may send the 

Administrator a copy of the notice sent to the State 
1-75 

to satisfy the requirements of this section for that 

notification. 

(4) (i) Before a State has been delegated the 

authority to implement and enforce 

notification requirements established under 

this part, the owner or operator of an 

affected source in such State subject to such 

requirements shall submit notifications to the 

appropriate Regional Office of the EPA (to the 

attention of the Director of the Division 

indicated in the list of the EPA Regional 

Offices in Sec. 63.13). 

(ii) After a State has been delegated the authority 

to implement and enforce notification 

requirements established under this part, the 

owner or operator of an affected source in 

such State subject to such requirements shall 

submit notifications to the delegated State 

authority (which may be the same as the 

permitting authority). In addition, if the 

delegated (permitting) authority is the State, 

the owner or operator shall send a copy of 

each notification submitted to the State to 

the appropriate Regional Office of the EPA, as 

specified in paragraph (a)(4)(i) of this 

section. The Regional Office may waive this 

requirement for any notifications at its 

discretion. 

(b) Initial notifications. 

(1) (i) The requirements of this paragraph apply to 

the owner or operator of an affected source 

when such source becomes subject to a relevant 

standard. 

(ii) If an area source that otherwise would be 

subject to an emission standard or other 

requirement established under this part if it 

were a major source subsequently increases its 

emissions of hazardous air pollutants (or its 

potential to emit hazardous air pollutants) 

such that the source is a major source that is 

subject to the emission standard or other 

requirement, such source shall be subject to 

the notification requirements of this section. 

(iii) Affected sources that are required under this 

paragraph to submit an initial notification 

may use the application for approval of 

construction or reconstruction under Sec. 

63.5(d) of this subpart, if relevant, to 
1-76 

fulfill the initial notification requirements 

of this paragraph. 

(2) The owner or operator of an affected source that has 

an initial startup before the effective date of a 

relevant standard under this part shall notify the 

Administrator in writing that the source is subject 

to the relevant standard. The notification, which 

shall be submitted not later than 120 calendar days 

after the effective date of the relevant standard (or 

within 120 calendar days after the source becomes 

subject to the relevant standard), shall provide the 

following information: 

(i) The name and address of the owner or operator; 

(ii) The address (i.e., physical location) of the 

affected source; 

(iii) An identification of the relevant standard, or 

other requirement, that is the basis of the 

notification and the source’s compliance date; 

(iv) A brief description of the nature, size, 

design, and method of operation of the source, 

including its operating design capacity and an 

identification of each point of emission for 

each hazardous air pollutant, or if a 

definitive identification is not yet possible, 

a preliminary identification of each point of 

emission for each hazardous air pollutant; and 

(v) A statement of whether the affected source is 

a major source or an area source. 

(3) The owner or operator of a new or reconstructed 

affected source, or a source that has been 

reconstructed such that it is an affected source, 

that has an initial startup after the effective date 

of a relevant standard under this part and for which 

an application for approval of construction or 

reconstruction is not required under Sec. 63.5(d), 

shall notify the Administrator in writing that the 

source is subject to the relevant standard no later 

than 120 days after initial startup. The 

notification shall provide all the information 

required in paragraphs (b)(2)(i) through (b)(2)(v) of 

this section, delivered or postmarked with the 

notification required in paragraph (b)(5). 

(4) The owner or operator of a new or reconstructed major 

affected source that has an initial startup after the 

effective date of a relevant standard under this part 

and for which an application for approval of 
1-77 

construction or reconstruction is required under Sec. 

63.5(d) shall provide the following information in 

writing to the Administrator: 

(i) A notification of intention to construct a new 

major affected source, reconstruct a major 

affected source, or reconstruct a major source 

such that the source becomes a major affected 

source with the application for approval of 

construction or reconstruction as specified in 

Sec. 63.5(d)(1)(i); 

(ii) A notification of the date when construction 

or reconstruction was commenced, submitted 

simultaneously with the application for 

approval of construction or reconstruction, if 

construction or reconstruction was commenced 

before the effective date of the relevant 

standard; 

(iii) A notification of the date when construction 

or reconstruction was commenced, delivered or 

postmarked not later than 30 days after such 

date, if construction or reconstruction was 

commenced after the effective date of the 

relevant standard; 

(iv) [Reserved] 

(v) A notification of the actual date of startup 

of the source, delivered or postmarked within 

15 calendar days after that date. 

(5) After the effective date of any relevant standard 

established by the Administrator under this part, 

whether or not an approved permit program is 

effective in the State in which an affected source is 

(or would be) located, an owner or operator who 

intends to construct a new affected source or 

reconstruct an affected source subject to such 

standard, or reconstruct a source such that it 

becomes an affected source subject to such standard, 

shall notify the Administrator, in writing, of the 

intended construction or reconstruction. The 

notification shall be submitted as soon as 

practicable before the construction or reconstruction 

is planned to commence (but no sooner than the 

effective date of the relevant standard) if the 

construction or reconstruction commences after the 

effective date of a relevant standard promulgated in 

this part. The notification shall be submitted as 

soon as practicable before startup but no later than 

60 days after the effective date of a relevant 

standard promulgated in this part if the construction 
1-78 

or reconstruction had commenced and initial startup 

had not occurred before the standard’s effective 

date. The notification shall include all the 

information required for an application for approval 

of construction or reconstruction as specified in 

Sec. 63.5(d). For major sources, the application for 

approval of construction or reconstruction may be 

used to fulfill the requirements of this paragraph. 

(c) Request for extension of compliance. If the owner or 

operator of an affected source cannot comply with a 

relevant standard by the applicable compliance date for 

that source, or if the owner or operator has installed 

BACT or technology to meet LAER consistent with Sec. 

63.6(i)(5) of this subpart, he/she may submit to the 

Administrator (or the State with an approved permit 

program) a request for an extension of compliance as 

specified in Sec. 63.6(i)(4) through Sec. 63.6(i)(6). 

(d) Notification that source is subject to special compliance 

requirements. An owner or operator of a new source that 

is subject to special compliance requirements as specified 

in Sec. 63.6(b)(3) and Sec. 63.6(b)(4) shall notify the 

Administrator of his/her compliance obligations not later 

than the notification dates established in paragraph (b) 

of this section for new sources that are not subject to 

the special provisions. 

(e) Notification of performance test. The owner or operator 

of an affected source shall notify the Administrator in 

writing of his or her intention to conduct a performance 

test at least 60 calendar days before the performance test 

is scheduled to begin to allow the Administrator to review 

and approve the site-specific test plan required under 

Sec. 63.7(c), if requested by the Administrator, and to 

have an observer present during the test. 

(f) Notification of opacity and visible emission observations. 

The owner or operator of an affected source shall notify 

the Administrator in writing of the anticipated date for 

conducting the opacity or visible emission observations 

specified in Sec. 63.6(h)(5), if such observations are 

required for the source by a relevant standard. The 

notification shall be submitted with the notification of 

the performance test date, as specified in paragraph (e) 

of this section, or if no performance test is required or 

visibility or other conditions prevent the opacity or 

visible emission observations from being conducted 

concurrently with the initial performance test required 

under Sec. 63.7, the owner or operator shall deliver or 

postmark the notification not less than 30 days before the 

opacity or visible emission observations are scheduled to 

take place. 
1-79 

(g) Additional notification requirements for sources with 

continuous monitoring systems. The owner or operator of 

an affected source required to use a CMS by a relevant 

standard shall furnish the Administrator written 

notification as follows: 

(1) A notification of the date the CMS performance 

evaluation under Sec. 63.8(e) is scheduled to begin, 

submitted simultaneously with the notification of the 

performance test date required under Sec. 63.7(b). 

If no performance test is required, or if the 

requirement to conduct a performance test has been 

waived for an affected source under Sec. 63.7(h), the 

owner or operator shall notify the Administrator in 

writing of the date of the performance evaluation at 

least 60 calendar days before the evaluation is 

scheduled to begin; 

(2) A notification that COMS data results will be used to 

determine compliance with the applicable opacity 

emission standard during a performance test required 

by Sec. 63.7 in lieu of Method 9 or other opacity 

emissions test method data, as allowed by Sec. 

63.6(h)(7)(ii), if compliance with an opacity 

emission standard is required for the source by a 

relevant standard. The notification shall be 

submitted at least 60 calendar days before the 

performance test is scheduled to begin; and 

(3) A notification that the criterion necessary to 

continue use of an alternative to relative accuracy 

testing, as provided by Sec. 63.8(f)(6), has been 

exceeded. The notification shall be delivered or 

postmarked not later than 10 days after the 

occurrence of such exceedance, and it shall include a 

description of the nature and cause of the increased 

emissions. 

(h) Notification of compliance status. 

(1) The requirements of paragraphs (h)(2) through (h)(4) 

of this section apply when an affected source becomes 

subject to a relevant standard. 

(2) (i) Before a title V permit has been issued to the 

owner or operator of an affected source, and 

each time a notification of compliance status 

is required under this part, the owner or 

operator of such source shall submit to the 

Administrator a notification of compliance 

status, signed by the responsible official who 

shall certify its accuracy, attesting to 

whether the source has complied with the 
1-80 

relevant standard. The notification shall 

list-- 

(A) The methods that were used to determine 

compliance; 

(B) The results of any performance tests, 

opacity or visible emission observations, 

continuous monitoring system (CMS) 

performance evaluations, and/or other 

monitoring procedures or methods that 

were conducted; 

(C) The methods that will be used for 

determining continuing compliance, 

including a description of monitoring and 

reporting requirements and test methods; 

(D) The type and quantity of hazardous air 

pollutants emitted by the source (or 

surrogate pollutants if specified in the 

relevant standard), reported in units and 

averaging times and in accordance with 

the test methods specified in the 

relevant standard; 

(E) An analysis demonstrating whether the 

affected source is a major source or an 

area source (using the emissions data 

generated for this notification); 

(F) A description of the air pollution 

control equipment (or method) for each 

emission point, including each control 

device (or method) for each hazardous air 

pollutant and the control efficiency 

(percent) for each control device (or 

method); and 

(G) A statement by the owner or operator of 

the affected existing, new, or 

reconstructed source as to whether the 

source has complied with the relevant 

standard or other requirements. 

(ii) The notification shall be sent before the 

close of business on the 60th day following 

the completion of the relevant compliance 

demonstration activity specified in the 

relevant standard (unless a different 

reporting period is specified in a relevant 

standard, in which case the letter shall be 

sent before the close of business on the day 

the report of the relevant testing or 
1-81 

monitoring results is required to be delivered 

or postmarked). For example, the notification 

shall be sent before close of business on the 

60th (or other required) day following 

completion of the initial performance test and 

again before the close of business on the 60th 

(or other required) day following the 

completion of any subsequent required 

performance test. If no performance test is 

required but opacity or visible emission 

observations are required to demonstrate 

compliance with an opacity or visible emission 

standard under this part, the notification of 

compliance status shall be sent before close 

of business on the 30th day following the 

completion of opacity or visible emission 

observations. 

(3) After a title V permit has been issued to the owner 

or operator of an affected source, the owner or 

operator of such source shall comply with all 

requirements for compliance status reports contained 

in the source’s title V permit, including reports 

required under this part. After a title V permit has 

been issued to the owner or operator of an affected 

source, and each time a notification of compliance 

status is required under this part, the owner or 

operator of such source shall submit the notification 

of compliance status to the appropriate permitting 

authority following completion of the relevant 

compliance demonstration activity specified in the 

relevant standard. 

(4) [Reserved] 

(5) If an owner or operator of an affected source submits 

estimates or preliminary information in the 

application for approval of construction or 

reconstruction required in Sec. 63.5(d) in place of 

the actual emissions data or control efficiencies 

required in paragraphs (d)(1)(ii)(H) and (d)(2) of 

Sec. 63.5, the owner or operator shall submit the 

actual emissions data and other correct information 

as soon as available but no later than with the 

initial notification of compliance status required in 

this section. 

(6) Advice on a notification of compliance status may be 

obtained from the Administrator. 

(i) Adjustment to time periods or postmark 

deadlines for submittal and review of required 

communications. 
1-82 

(1) (i) Until an adjustment of a time 

period or postmark deadline has 

been approved by the Administrator 

under paragraphs (i)(2) and (i)(3) 

of this section, the owner or 

operator of an affected source 

remains strictly subject to the 

requirements of this part. 

(ii) An owner or operator shall request 

the adjustment provided for in 

paragraphs (i)(2) and (i)(3) of 

this section each time he or she 

wishes to change an applicable time 

period or postmark deadline 

specified in this part. 

(2) Notwithstanding time periods or postmark 

deadlines specified in this part for the 

submittal of information to the 

Administrator by an owner or operator, or 

the review of such information by the 

Administrator, such time periods or 

deadlines may be changed by mutual 

agreement between the owner or operator 

and the Administrator. An owner or 

operator who wishes to request a change 

in a time period or postmark deadline for 

a particular requirement shall request 

the adjustment in writing as soon as 

practicable before the subject activity 

is required to take place. The owner or 

operator shall include in the request 

whatever information he or she considers 

useful to convince the Administrator that 

an adjustment is warranted. 

(3) If, in the Administrator’s judgment, an 

owner or operator’s request for an 

adjustment to a particular time period or 

postmark deadline is warranted, the 

Administrator will approve the 

adjustment. The Administrator will 

notify the owner or operator in writing 

of approval or disapproval of the request 

for an adjustment within 15 calendar days 

of receiving sufficient information to 

evaluate the request. 

(4) If the Administrator is unable to meet a 

specified deadline, he or she will notify 

the owner or operator of any significant 

delay and inform the owner or operator of 

the amended schedule. 
1-83 

(j) Change in information already provided. Any change in the 

information already provided under this section shall be 

provided to the Administrator in writing within 15 

calendar days after the change. 

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999] 

Sec. 63.10 Recordkeeping and reporting requirements. 

(a) Applicability and general information. 

(1) The requirements of this section apply to owners or 

operators of affected sources who are subject to the 

provisions of this part, unless specified otherwise 

in a relevant standard. 

(2) For affected sources that have been granted an 

extension of compliance under subpart D of this part, 

the requirements of this section do not apply to 

those sources while they are operating under such 

compliance extensions. 

(3) If any State requires a report that contains all the 

information required in a report listed in this 

section, an owner or operator may send the 

Administrator a copy of the report sent to the State 

to satisfy the requirements of this section for that 

report. 

(4) (i) Before a State has been delegated the 

authority to implement and enforce 

recordkeeping and reporting requirements 

established under this part, the owner or 

operator of an affected source in such State 

subject to such requirements shall submit 

reports to the appropriate Regional Office of 

the EPA (to the attention of the Director of 

the Division indicated in the list of the EPA 

Regional Offices in Sec. 63.13). 

(ii) After a State has been delegated the authority 

to implement and enforce recordkeeping and 

reporting requirements established under this 

part, the owner or operator of an affected 

source in such State subject to such 

requirements shall submit reports to the 

delegated State authority (which may be the 

same as the permitting authority). In 

addition, if the delegated (permitting) 

authority is the State, the owner or operator 

shall send a copy of each report submitted to 

the State to the appropriate Regional Office 

of the EPA, as specified in paragraph 
1-84 

(a)(4)(i) of this section. The Regional 

Office may waive this requirement for any 

reports at its discretion. 

(5) If an owner or operator of an affected source in a 

State with delegated authority is required to submit 

periodic reports under this part to the State, and if 

the State has an established timeline for the 

submission of periodic reports that is consistent 

with the reporting frequency(ies) specified for such 

source under this part, the owner or operator may 

change the dates by which periodic reports under this 

part shall be submitted (without changing the 

frequency of reporting) to be consistent with the 

State’s schedule by mutual agreement between the 

owner or operator and the State. For each relevant 

standard established pursuant to section 112 of the 

Act, the allowance in the previous sentence applies 

in each State beginning 1 year after the affected 

source’s compliance date for that standard. 

Procedures governing the implementation of this 

provision are specified in Sec. 63.9(i). 

(6) If an owner or operator supervises one or more 

stationary sources affected by more than one standard 

established pursuant to section 112 of the Act, 

he/she may arrange by mutual agreement between the 

owner or operator and the Administrator (or the State 

permitting authority) a common schedule on which 

periodic reports required for each source shall be 

submitted throughout the year. The allowance in the 

previous sentence applies in each State beginning 1 

year after the latest compliance date for any 

relevant standard established pursuant to section 112 

of the Act for any such affected source(s). 

Procedures governing the implementation of this 

provision are specified in Sec. 63.9(i). 

(7) If an owner or operator supervises one or more 

stationary sources affected by standards established 

pursuant to section 112 of the Act (as amended 

November 15, 1990) and standards set under part 60, 

part 61, or both such parts of this chapter, he/she 

may arrange by mutual agreement between the owner or 

operator and the Administrator (or the State 

permitting authority) a common schedule on which 

periodic reports required by each relevant (i.e., 

applicable) standard shall be submitted throughout 

the year. The allowance in the previous sentence 

applies in each State beginning 1 year after the 

stationary source is required to be in compliance 

with the relevant section 112 standard, or 1 year 

after the stationary source is required to be in 

compliance with the applicable part 60 or part 61 
1-85 

standard, whichever is latest. Procedures governing 

the implementation of this provision are specified in 

Sec. 63.9(i). 

(b) General recordkeeping requirements. 

(1) The owner or operator of an affected source subject 

to the provisions of this part shall maintain files 

of all information (including all reports and 

notifications) required by this part recorded in a 

form suitable and readily available for expeditious 

inspection and review. The files shall be retained 

for at least 5 years following the date of each 

occurrence, measurement, maintenance, corrective 

action, report, or record. At a minimum, the most 

recent 2 years of data shall be retained on site. 

The remaining 3 years of data may be retained off 

site. Such files may be maintained on microfilm, on 

a computer, on computer floppy disks, on magnetic 

tape disks, or on microfiche. 

(2) The owner or operator of an affected source subject 

to the provisions of this part shall maintain 

relevant records for such source of-- 

(i) The occurrence and duration of each startup, 

shutdown, or malfunction of operation (i.e., 

process equipment); 

(ii) The occurrence and duration of each 

malfunction of the air pollution control 

equipment; 

(iii) All maintenance performed on the air pollution 

control equipment; 

(iv) Actions taken during periods of startup, 

shutdown, and malfunction (including 

corrective actions to restore malfunctioning 

process and air pollution control equipment to 

its normal or usual manner of operation) when 

such actions are different from the procedures 

specified in the affected source’s startup, 

shutdown, and malfunction plan (see Sec. 

63.6(e)(3)); 

(v) All information necessary to demonstrate 

conformance with the affected source’s 

startup, shutdown, and malfunction plan (see 

Sec. 63.6(e)(3)) when all actions taken during 

periods of startup, shutdown, and malfunction 

(including corrective actions to restore 

malfunctioning process and air pollution 

control equipment to its normal or usual 
1-86 

manner of operation) are consistent with the 

procedures specified in such plan. (The 

information needed to demonstrate conformance 

with the startup, shutdown, and malfunction 

plan may be recorded using a “checklist,” or 

some other effective form of recordkeeping, in 

order to minimize the recordkeeping burden for 

conforming events); 

(vi) Each period during which a CMS is 

malfunctioning or inoperative (including outof-control periods); 

(vii) All required measurements needed to 

demonstrate compliance with a relevant 

standard (including, but not limited to, 15-

minute averages of CMS data, raw performance 

testing measurements, and raw performance 

evaluation measurements, that support data 

that the source is required to report); 

(A) This paragraph applies to owners or 

operators required to install a 

continuous emissions monitoring system 

(CEMS) where the CEMS installed is 

automated, and where the calculated data 

averages do not exclude periods of CEMS 

breakdown or malfunction. An automated 

CEMS records and reduces the measured 

data to the form of the pollutant 

emission standard through the use of a 

computerized data acquisition system. In 

lieu of maintaining a file of all CEMS 

subhourly measurements as required under 

paragraph (b)(2)(vii) of this section, 

the owner or operator shall retain the 

most recent consecutive three averaging 

periods of subhourly measurements and a 

file that contains a hard copy of the 

data acquisition system algorithm used to 

reduce the measured data into the 

reportable form of the standard. 

(B) This paragraph applies to owners or 

operators required to install a CEMS 

where the measured data is manually 

reduced to obtain the reportable form of 

the standard, and where the calculated 

data averages do not exclude periods of 

CEMS breakdown or malfunction. In lieu 

of maintaining a file of all CEMS 

subhourly measurements as required under 

paragraph (b)(2)(vii) of this section, 

the owner or operator shall retain all 
1-87 

subhourly measurements for the most 

recent reporting period. The subhourly 

measurements shall be retained for 120 

days from the date of the most recent 

summary or excess emission report 

submitted to the Administrator. 

(C) The Administrator or delegated authority, 

upon notification to the source, may 

require the owner or operator to maintain 

all measurements as required by paragraph 

(b)(2)(vii), if the administrator or the 

delegated authority determines these 

records are required to more accurately 

assess the compliance status of the 

affected source. 

(viii) All results of performance tests, CMS 

performance evaluations, and opacity and 

visible emission observations; 

(ix) All measurements as may be necessary to 

determine the conditions of performance tests 

and performance evaluations; 

(x) All CMS calibration checks; 

(xi) All adjustments and maintenance performed on 

CMS; 

(xii) Any information demonstrating whether a source 

is meeting the requirements for a waiver of 

recordkeeping or reporting requirements under 

this part, if the source has been granted a 

waiver under paragraph (f) of this section; 

(xiii) All emission levels relative to the criterion 

for obtaining permission to use an alternative 

to the relative accuracy test, if the source 

has been granted such permission under Sec. 

63.8(f)(6); and 

(xiv) All documentation supporting initial 

notifications and notifications of compliance 

status under Sec. 63.9. 

(3) Recordkeeping requirement for applicability 

determinations. If an owner or operator determines 

that his or her stationary source that emits (or has 

the potential to emit, without considering controls) 

one or more hazardous air pollutants is not subject 

to a relevant standard or other requirement 

established under this part, the owner or operator 

shall keep a record of the applicability 
1-88 

determination on site at the source for a period of 5 

years after the determination, or until the source 

changes its operations to become an affected source, 

whichever comes first. The record of the 

applicability determination shall include an analysis 

(or other information) that demonstrates why the 

owner or operator believes the source is unaffected 

(e.g., because the source is an area source). The 

analysis (or other information) shall be sufficiently 

detailed to allow the Administrator to make a finding 

about the source’s applicability status with regard 

to the relevant standard or other requirement. If 

relevant, the analysis shall be performed in 

accordance with requirements established in subparts 

of this part for this purpose for particular 

categories of stationary sources. If relevant, the 

analysis should be performed in accordance with EPA 

guidance materials published to assist sources in 

making applicability determinations under section 

112, if any. 

(c) Additional recordkeeping requirements for sources with 

continuous monitoring systems. In addition to complying 

with the requirements specified in paragraphs (b)(1) and 

(b)(2) of this section, the owner or operator of an 

affected source required to install a CMS by a relevant 

standard shall maintain records for such source of-- 

(1) All required CMS measurements (including monitoring 

data recorded during unavoidable CMS breakdowns and 

out-of-control periods); 

(2)-(4) [Reserved] 

(5) The date and time identifying each period during 

which the CMS was inoperative except for zero (lowlevel) and high-level checks; 

(6) The date and time identifying each period during 

which the CMS was out of control, as defined in Sec. 

63.8(c)(7); 

(7) The specific identification (i.e., the date and time 

of commencement and completion) of each period of 

excess emissions and parameter monitoring 

exceedances, as defined in the relevant standard(s), 

that occurs during startups, shutdowns, and 

malfunctions of the affected source; 

(8) The specific identification (i.e., the date and time 

of commencement and completion) of each time period 

of excess emissions and parameter monitoring 

exceedances, as defined in the relevant standard(s), 
1-89 

that occurs during periods other than startups, 

shutdowns, and malfunctions of the affected source; 

(9) [Reserved] 

(10) The nature and cause of any malfunction (if known); 

(11) The corrective action taken or preventive measures 

adopted; 

(12) The nature of the repairs or adjustments to the CMS 

that was inoperative or out of control; 

(13) The total process operating time during the reporting 

period; and 

(14) All procedures that are part of a quality control 

program developed and implemented for CMS under Sec. 

63.8(d). 

(15) In order to satisfy the requirements of paragraphs 

(c)(10) through (c)(12) of this section and to avoid 

duplicative recordkeeping efforts, the owner or 

operator may use the affected source’s startup, 

shutdown, and malfunction plan or records kept to 

satisfy the recordkeeping requirements of the 

startup, shutdown, and malfunction plan specified in 

Sec. 63.6(e), provided that such plan and records 

adequately address the requirements of paragraphs 

(c)(10) through (c)(12). 

(d) General reporting requirements. 

(1) Notwithstanding the requirements in this paragraph or 

paragraph (e) of this section, the owner or operator 

of an affected source subject to reporting 

requirements under this part shall submit reports to 

the Administrator in accordance with the reporting 

requirements in the relevant standard(s). 

(2) Reporting results of performance tests. Before a 

title V permit has been issued to the owner or 

operator of an affected source, the owner or operator 

shall report the results of any performance test 

under Sec. 63.7 to the Administrator. After a title 

V permit has been issued to the owner or operator of 

an affected source, the owner or operator shall 

report the results of a required performance test to 

the appropriate permitting authority. The owner or 

operator of an affected source shall report the 

results of the performance test to the Administrator 

(or the State with an approved permit program) before 

the close of business on the 60th day following the 

completion of the performance test, unless specified 
1-90 

otherwise in a relevant standard or as approved 

otherwise in writing by the Administrator. The 

results of the performance test shall be submitted as 

part of the notification of compliance status 

required under Sec. 63.9(h). 

(3) Reporting results of opacity or visible emission 

observations. The owner or operator of an affected 

source required to conduct opacity or visible 

emission observations by a relevant standard shall 

report the opacity or visible emission results 

(produced using Test Method 9 or Test Method 22, or 

an alternative to these test methods) along with the 

results of the performance test required under Sec. 

63.7. If no performance test is required, or if 

visibility or other conditions prevent the opacity or 

visible emission observations from being conducted 

concurrently with the performance test required under 

Sec. 63.7, the owner or operator shall report the 

opacity or visible emission results before the close 

of business on the 30th day following the completion 

of the opacity or visible emission observations. 

(4) Progress reports. The owner or operator of an 

affected source who is required to submit progress 

reports as a condition of receiving an extension of 

compliance under Sec. 63.6(i) shall submit such 

reports to the Administrator (or the State with an 

approved permit program) by the dates specified in 

the written extension of compliance. 

(5) (i) Periodic startup, shutdown, and malfunction 

reports. If actions taken by an owner or 

operator during a startup, shutdown, or 

malfunction of an affected source (including 

actions taken to correct a malfunction) are 

consistent with the procedures specified in 

the source’s startup, shutdown, and 

malfunction plan [see Sec. 63.6(e)(3)], the 

owner or operator shall state such information 

in a startup, shutdown, and malfunction 

report. Reports shall only be required if a 

startup, shutdown, or malfunction occurred 

during the reporting period. The startup, 

shutdown, and malfunction report shall consist 

of a letter, containing the name, title, and 

signature of the owner or operator or other 

responsible official who is certifying its 

accuracy, that shall be submitted to the 

Administrator semiannually (or on a more 

frequent basis if specified otherwise in a 

relevant standard or as established otherwise 

by the permitting authority in the source’s 

title V permit). The startup, shutdown, and 
1-91 

malfunction report shall be delivered or 

postmarked by the 30th day following the end 

of each calendar half (or other calendar 

reporting period, as appropriate). If the 

owner or operator is required to submit excess 

emissions and continuous monitoring system 

performance (or other periodic) reports under 

this part, the startup, shutdown, and 

malfunction reports required under this 

paragraph may be submitted simultaneously with 

the excess emissions and continuous monitoring 

system performance (or other) reports. If 

startup, shutdown, and malfunction reports are 

submitted with excess emissions and continuous 

monitoring system performance (or other 

periodic) reports, and the owner or operator 

receives approval to reduce the frequency of 

reporting for the latter under paragraph (e) 

of this section, the frequency of reporting 

for the startup, shutdown, and malfunction 

reports also may be reduced if the 

Administrator does not object to the intended 

change. The procedures to implement the 

allowance in the preceding sentence shall be 

the same as the procedures specified in 

paragraph (e)(3) of this section. 

(ii) Immediate startup, shutdown, and malfunction 

reports. Notwithstanding the allowance to 

reduce the frequency of reporting for periodic 

startup, shutdown, and malfunction reports 

under paragraph (d)(5)(i) of this section, any 

time an action taken by an owner or operator 

during a startup, shutdown, or malfunction 

(including actions taken to correct a 

malfunction) is not consistent with the 

procedures specified in the affected source’s 

startup, shutdown, and malfunction plan, the 

owner or operator shall report the actions 

taken for that event within 2 working days 

after commencing actions inconsistent with the 

plan followed by a letter within 7 working 

days after the end of the event. The 

immediate report required under this paragraph 

shall consist of a telephone call (or 

facsimile (FAX) transmission) to the 

Administrator within 2 working days after 

commencing actions inconsistent with the plan, 

and it shall be followed by a letter, 

delivered or postmarked within 7 working days 

after the end of the event, that contains the 

name, title, and signature of the owner or 

operator or other responsible official who is 

certifying its accuracy, explaining the 
1-92 

circumstances of the event, the reasons for 

not following the startup, shutdown, and 

malfunction plan, and whether any excess 

emissions and/or parameter monitoring 

exceedances are believed to have occurred. 

Notwithstanding the requirements of the 

previous sentence, after the effective date of 

an approved permit program in the State in 

which an affected source is located, the owner 

or operator may make alternative reporting 

arrangements, in advance, with the permitting 

authority in that State. Procedures governing 

the arrangement of alternative reporting 

requirements under this paragraph are 

specified in Sec. 63.9(i). 

(e) Additional reporting requirements for sources with 

continuous monitoring systems— 

(1) General. When more than one CEMS is used to measure 

the emissions from one affected source (e.g., 

multiple breechings, multiple outlets), the owner or 

operator shall report the results as required for 

each CEMS. 

(2) Reporting results of continuous monitoring system 

performance evaluations. 

(i) The owner or operator of an affected source 

required to install a CMS by a relevant 

standard shall furnish the Administrator a 

copy of a written report of the results of the 

CMS performance evaluation, as required under 

Sec. 63.8(e), simultaneously with the results 

of the performance test required under Sec. 

63.7, unless otherwise specified in the 

relevant standard. 

(ii) The owner or operator of an affected source 

using a COMS to determine opacity compliance 

during any performance test required under 

Sec. 63.7 and described in Sec. 63.6(d)(6) 

shall furnish the Administrator two or, upon 

request, three copies of a written report of 

the results of the COMS performance evaluation 

conducted under Sec. 63.8(e). The copies 

shall be furnished at least 15 calendar days 

before the performance test required under 

Sec. 63.7 is conducted. 

(3) Excess emissions and continuous monitoring system 

performance report and summary report. 
1-93 

(i) Excess emissions and parameter monitoring 

exceedances are defined in relevant standards. 

The owner or operator of an affected source 

required to install a CMS by a relevant 

standard shall submit an excess emissions and 

continuous monitoring system performance 

report and/or a summary report to the 

Administrator semiannually, except when-- 

(A) More frequent reporting is specifically 

required by a relevant standard; 

(B) The Administrator determines on a caseby-case basis that more frequent 

reporting is necessary to accurately 

assess the compliance status of the 

source; or 

(C) [Reserved] 

(ii) Request to reduce frequency of excess 

emissions and continuous monitoring system 

performance reports. Notwithstanding the 

frequency of reporting requirements specified 

in paragraph (e)(3)(i) of this section, an 

owner or operator who is required by a 

relevant standard to submit excess emissions 

and continuous monitoring system performance 

(and summary) reports on a quarterly (or more 

frequent) basis may reduce the frequency of 

reporting for that standard to semiannual if 

the following conditions are met: 

(A) For 1 full year (e.g., 4 quarterly or 12 

monthly reporting periods) the affected 

source’s excess emissions and continuous 

monitoring system performance reports 

continually demonstrate that the source 

is in compliance with the relevant 

standard; 

(B) The owner or operator continues to comply 

with all recordkeeping and monitoring 

requirements specified in this subpart

and the relevant standard; and 

(C) The Administrator does not object to a 

reduced frequency of reporting for the 

affected source, as provided in paragraph 

(e)(3)(iii) of this section. 

(iii) The frequency of reporting of excess emissions 

and continuous monitoring system performance 

(and summary) reports required to comply with 
1-94 

a relevant standard may be reduced only after 

the owner or operator notifies the 

Administrator in writing of his or her 

intention to make such a change and the 

Administrator does not object to the intended 

change. In deciding whether to approve a 

reduced frequency of reporting, the 

Administrator may review information 

concerning the source’s entire previous 

performance history during the 5-year 

recordkeeping period prior to the intended 

change, including performance test results, 

monitoring data, and evaluations of an owner 

or operator’s conformance with operation and 

maintenance requirements. Such information 

may be used by the Administrator to make a 

judgment about the source’s potential for 

noncompliance in the future. If the 

Administrator disapproves the owner or 

operator’s request to reduce the frequency of 

reporting, the Administrator will notify the 

owner or operator in writing within 45 days 

after receiving notice of the owner or 

operator’s intention. The notification from 

the Administrator to the owner or operator 

will specify the grounds on which the 

disapproval is based. In the absence of a 

notice of disapproval within 45 days, approval 

is automatically granted. 

(iv) As soon as CMS data indicate that the source 

is not in compliance with any emission 

limitation or operating parameter specified in 

the relevant standard, the frequency of 

reporting shall revert to the frequency 

specified in the relevant standard, and the 

owner or operator shall submit an excess 

emissions and continuous monitoring system 

performance (and summary) report for the 

noncomplying emission points at the next 

appropriate reporting period following the 

noncomplying event. After demonstrating 

ongoing compliance with the relevant standard 

for another full year, the owner or operator 

may again request approval from the 

Administrator to reduce the frequency of 

reporting for that standard, as provided for 

in paragraphs (e)(3)(ii) and (e)(3)(iii) of 

this section. 

(v) Content and submittal dates for excess 

emissions and monitoring system performance 

reports. All excess emissions and monitoring 

system performance reports and all summary 
1-95 

reports, if required, shall be delivered or 

postmarked by the 30th day following the end 

of each calendar half or quarter, as 

appropriate. Written reports of excess 

emissions or exceedances of process or control 

system parameters shall include all the 

information required in paragraphs (c)(5) 

through (c)(13) of this section, in Sec. 

63.8(c)(7) and Sec. 63.8(c)(8), and in the 

relevant standard, and they shall contain the 

name, title, and signature of the responsible 

official who is certifying the accuracy of the 

report. When no excess emissions or 

exceedances of a parameter have occurred, or a 

CMS has not been inoperative, out of control, 

repaired, or adjusted, such information shall 

be stated in the report. 

(vi) Summary report. As required under paragraphs 

(e)(3)(vii) and (e)(3)(viii) of this section, 

one summary report shall be submitted for the 

hazardous air pollutants monitored at each 

affected source (unless the relevant standard 

specifies that more than one summary report is 

required, e.g., one summary report for each 

hazardous air pollutant monitored). The 

summary report shall be entitled “Summary 

Report--Gaseous and Opacity Excess Emission 

and Continuous Monitoring System Performance” 

and shall contain the following information: 

(A) The company name and address of the 

affected source; 

(B) An identification of each hazardous air 

pollutant monitored at the affected 

source; 

(C) The beginning and ending dates of the 

reporting period; 

(D) A brief description of the process units; 

(E) The emission and operating parameter 

limitations specified in the relevant 

standard(s); 

(F) The monitoring equipment manufacturer(s) 

and model number(s); 

(G) The date of the latest CMS certification 

or audit; 
1-96 

(H) The total operating time of the affected 

source during the reporting period; 

(I) An emission data summary (or similar 

summary if the owner or operator monitors 

control system parameters), including the 

total duration of excess emissions during 

the reporting period (recorded in minutes 

for opacity and hours for gases), the 

total duration of excess emissions 

expressed as a percent of the total 

source operating time during that 

reporting period, and a breakdown of the 

total duration of excess emissions during 

the reporting period into those that are 

due to startup/shutdown, control 

equipment problems, process problems, 

other known causes, and other unknown 

causes; 

(J) A CMS performance summary (or similar 

summary if the owner or operator monitors 

control system parameters), including the 

total CMS downtime during the reporting 

period (recorded in minutes for opacity 

and hours for gases), the total duration 

of CMS downtime expressed as a percent of 

the total source operating time during 

that reporting period, and a breakdown of 

the total CMS downtime during the 

reporting period into periods that are 

due to monitoring equipment malfunctions, 

nonmonitoring equipment malfunctions, 

quality assurance/quality control 

calibrations, other known causes, and 

other unknown causes; 

(K) A description of any changes in CMS, 

processes, or controls since the last 

reporting period; 

(L) The name, title, and signature of the 

responsible official who is certifying 

the accuracy of the report; and 

(M) The date of the report. 

(vii) If the total duration of excess emissions or 

process or control system parameter 

exceedances for the reporting period is less 

than 1 percent of the total operating time for 

the reporting period, and CMS downtime for the 

reporting period is less than 5 percent of the 

total operating time for the reporting period, 
1-97 

only the summary report shall be submitted, 

and the full excess emissions and continuous 

monitoring system performance report need not 

be submitted unless required by the 

Administrator. 

(viii) If the total duration of excess emissions or 

process or control system parameter 

exceedances for the reporting period is 1 

percent or greater of the total operating time 

for the reporting period, or the total CMS 

downtime for the reporting period is 5 percent 

or greater of the total operating time for the 

reporting period, both the summary report and 

the excess emissions and continuous monitoring 

system performance report shall be submitted. 

(4) Reporting continuous opacity monitoring system data 

produced during a performance test. The owner or 

operator of an affected source required to use a COMS 

shall record the monitoring data produced during a 

performance test required under Sec. 63.7 and shall 

furnish the Administrator a written report of the 

monitoring results. The report of COMS data shall be 

submitted simultaneously with the report of the 

performance test results required in paragraph (d)(2) 

of this section. 

(f) Waiver of recordkeeping or reporting requirements. 

(1) Until a waiver of a recordkeeping or reporting 

requirement has been granted by the Administrator 

under this paragraph, the owner or operator of an 

affected source remains subject to the requirements 

of this section. 

(2) Recordkeeping or reporting requirements may be waived 

upon written application to the Administrator if, in 

the Administrator’s judgment, the affected source is 

achieving the relevant standard(s), or the source is 

operating under an extension of compliance, or the 

owner or operator has requested an extension of 

compliance and the Administrator is still considering 

that request. 

(3) If an application for a waiver of recordkeeping or 

reporting is made, the application shall accompany 

the request for an extension of compliance under Sec. 

63.6(i), any required compliance progress report or 

compliance status report required under this part 

(such as under Sec. 63.6(i) and Sec. 63.9(h)) or in 

the source’s title V permit, or an excess emissions 

and continuous monitoring system performance report 

required under paragraph (e) of this section, 
1-98 

whichever is applicable. The application shall 

include whatever information the owner or operator 

considers useful to convince the Administrator that a 

waiver of recordkeeping or reporting is warranted. 

(4) The Administrator will approve or deny a request for 

a waiver of recordkeeping or reporting requirements 

under this paragraph when he/she-- 

(i) Approves or denies an extension of compliance; 

or 

(ii) Makes a determination of compliance following 

the submission of a required compliance status 

report or excess emissions and continuous 

monitoring systems performance report; or 

(iii) Makes a determination of suitable progress 

towards compliance following the submission of 

a compliance progress report, whichever is 

applicable. 

(5) A waiver of any recordkeeping or reporting 

requirement granted under this paragraph may be 

conditioned on other recordkeeping or reporting 

requirements deemed necessary by the Administrator. 

(6) Approval of any waiver granted under this section 

shall not abrogate the Administrator’s authority 

under the Act or in any way prohibit the 

Administrator from later canceling the waiver. The 

cancellation will be made only after notice is given 

to the owner or operator of the affected source. 

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999] 

Sec. 63.11 Control device requirements. 

(a) Applicability. This section contains requirements for 

control devices used to comply with provisions in relevant 

standards. These requirements apply only to affected 

sources covered by relevant standards referring directly 

or indirectly to this section. 

(b) Flares. 

(1) Owners or operators using flares to comply with the 

provisions of this part shall monitor these control 

devices to assure that they are operated and 

maintained in conformance with their designs. 

Applicable subparts will provide provisions stating 

how owners or operators using flares shall monitor 

these control devices. 
1-99 

(2) Flares shall be steam-assisted, air-assisted, or nonassisted. 

(3) Flares shall be operated at all times when emissions 

may be vented to them. 

(4) Flares shall be designed for and operated with no 

visible emissions, except for periods not to exceed a 

total of 5 minutes during any 2 consecutive hours. 

Test Method 22 in appendix A of part 60 of this 

chapter shall be used to determine the compliance of 

flares with the visible emission provisions of this 

part. The observation period is 2 hours and shall be 

used according to Method 22. 

(5) Flares shall be operated with a flame present at all 

times. The presence of a flare pilot flame shall be 

monitored using a thermocouple or any other 

equivalent device to detect the presence of a flame. 

(6) An owner/operator has the choice of adhering to the 

heat content specifications in paragraph (b)(6)(ii) 

of this section, and the maximum tip velocity 

specifications in paragraph (b)(7) or (b)(8) of this 

section, or adhering to the requirements in paragraph 

(b)(6)(i) of this section. 

(i) (A) Flares shall be used that have a diameter 

of 3 inches or greater, are nonassisted, 

have a hydrogen content of 8.0 percent 

(by volume) or greater, and are designed 

for and operated with an exit velocity 

less than 37.2 m/sec (122 ft/sec) and 

less than the velocity Vmax, as determined 

by the following equation: 

Vmax = (XH2 - K1)* K2

Where: 

Vmax = Maximum permitted velocity, m/sec. 

K1 = Constant, 6.0 volume-percent 

hydrogen. 

K2 = Constant, 3.9(m/sec)/volume-percent 

hydrogen. 

XH2 = The volume-percent of hydrogen, on 

a wet basis, as calculated by using 

the American Society for Testing 

and Materials (ASTM) Method D1946-

77. (Incorporated by reference as 

specified in Sec. 63.14). 
1-100 

(B) The actual exit velocity of a flare shall 

be determined by the method specified in 

paragraph (b)(7)(i) of this section. 

(ii) Flares shall be used only with the net heating 

value of the gas being combusted at 11.2 

MJ/scm (300 Btu/scf) or greater if the flare 

is steam-assisted or air-assisted; or with the 

net heating value of the gas being combusted 

at 7.45 M/scm (200 Btu/scf) or greater if the 

flares is non-assisted. The net heating value 

of the gas being combusted in a flare shall be 

calculated using the following equation: 

∑

=

= n

i 1

HT K CiHi

Where: 

HT = Net heating value of the sample, MJ/scm; 

where the net enthalpy per mole of offgas 

is based on combustion at 25°C and 760 mm 

Hg, but the standard temperature for 

determining the volume corresponding to 

one mole is 20°C. 

K=Constant= 





 



 



 



 −















− 

kcal

MJ

scm

g mole

ppmv

1

1.740 x 10 7

where the standard temperature for (gmole/scm) is 20°C. 

Ci = Concentration of sample component i in 

ppmv on a wet basis, as measured for 

organics by Test Method 18 and measured 

for hydrogen and carbon monoxide by 

American Society for Testing and 

Materials (ASTM) D1946-77 or 90 

(Reapproved 1994) (incorporated by 

reference as specified in Sec. 63.14). 

Hi = Net heat of combustion of sample 

component i, kcal/g-mole at 25°C and 760 

mm Hg. The heats of combustion may be 

determined using ASTM D2382-76 or 88 or 

D4809-95 (incorporated by reference as 

specified in Sec. 63.14) if published 

values are not available or cannot be 

calculated. 
1-101 

n = Number of sample components. 

(7) (i) Steam-assisted and nonassisted flares shall be 

designed for and operated with an exit 

velocity less than 18.3 m/sec (60 ft/sec), 

except as provided in paragraphs (b)(7)(ii) 

and (b)(7)(iii) of this section. The actual 

exit velocity of a flare shall be determined 

by dividing by the volumetric flow rate of gas 

being combusted (in units of emission standard 

temperature and pressure), as determined by 

Test Method 2, 2A, 2C, or 2D in appendix A to 

40 CFR part 60 of this chapter, as 

appropriate, by the unobstructed (free) crosssectional area of the flare tip. 

(ii) Steam-assisted and nonassisted flares designed 

for and operated with an exit velocity, as 

determined by the method specified in 

paragraph (b)(7)(i) of this section, equal to 

or greater than 18.3 m/sec (60 ft/sec) but 

less than 122 m/sec (400 ft/sec), are allowed 

if the net heating value of the gas being 

combusted is greater than 37.3 MJ/scm (1,000 

Btu/scf). 

(iii) Steam-assisted and nonassisted flares designed 

for and operated with an exit velocity, as 

determined by the method specified in 

paragraph (b)(7)(i) of this section, less than 

the velocity Vmax, as determined by the method 

specified in this paragraph, but less than 122 

m/sec (400 ft/sec) are allowed. The maximum 

permitted velocity, Vmax, for flares complying 

with this paragraph shall be determined by the 

following equation: 

Log10(Vmax) = (HT + 28.8)/31.7 

Where: 

Vmax = Maximum permitted velocity, m/sec. 

28.8 = Constant. 

31.7 = Constant. 

HT = The net heating value as determined 

in paragraph (b)(6) of this 

section. 

(8) Air-assisted flares shall be designed and operated 

with an exit velocity less than the velocity Vmax. 
1-102 

The maximum permitted velocity, Vmax, for air-assisted 

flares shall be determined by the following equation: 

Vmax = 8.71 = 0.708(HT) 

Where: 

Vmax = Maximum permitted velocity, m/sec. 

8.71 = Constant. 

0.708= Constant. 

HT = The net heating value as determined in 

paragraph (b)(6)(ii) of this section. 

[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 24444, 

May 4, 1998; 65 FR 62215, Oct. 17, 2000] 

Sec. 63.12 State authority and delegations. 

(a) The provisions of this part shall not be construed in any 

manner to preclude any State or political subdivision 

thereof from-- 

(1) Adopting and enforcing any standard, limitation, 

prohibition, or other regulation applicable to an 

affected source subject to the requirements of this 

part, provided that such standard, limitation, 

prohibition, or regulation is not less stringent than 

any requirement applicable to such source established 

under this part; 

(2) Requiring the owner or operator of an affected source 

to obtain permits, licenses, or approvals prior to 

initiating construction, reconstruction, 

modification, or operation of such source; or 

(3) Requiring emission reductions in excess of those 

specified in subpart D of this part as a condition 

for granting the extension of compliance authorized 

by section 112(i)(5) of the Act. 

(b) (1) Section 112(l) of the Act directs the Administrator 

to delegate to each State, when appropriate, the 

authority to implement and enforce standards and 

other requirements pursuant to section 112 for 

stationary sources located in that State. Because of 

the unique nature of radioactive material, delegation 

of authority to implement and enforce standards that 

control radionuclides may require separate approval. 

(2) Subpart E of this part establishes procedures 

consistent with section 112(l) for the approval of 
1-103 

State rules or programs to implement and enforce 

applicable Federal rules promulgated under the 

authority of section 112. Subpart E also establishes 

procedures for the review and withdrawal of section 

112 implementation and enforcement authorities 

granted through a section 112(l) approval. 

(c) All information required to be submitted to the EPA under 

this part also shall be submitted to the appropriate State 

agency of any State to which authority has been delegated 

under section 112(l) of the Act, provided that each 

specific delegation may exempt sources from a certain 

Federal or State reporting requirement. The Administrator 

may permit all or some of the information to be submitted 

to the appropriate State agency only, instead of to the 

EPA and the State agency. 

Sec. 63.13 Addresses of State air pollution control agencies and 

EPA Regional Offices. 

(a) All requests, reports, applications, submittals, and other 

communications to the Administrator pursuant to this part 

shall be submitted to the appropriate Regional Office of 

the U.S. Environmental Protection Agency indicated in the 

following list of EPA Regional Offices. 

EPA Region I (Connecticut, Maine, Massachusetts, New 

Hampshire, Rhode Island, Vermont), Director, Air, 

Pesticides and Toxics Division, J.F.K. Federal Building, 

Boston, MA 02203-2211. 

EPA Region II (New Jersey, New York, Puerto Rico, Virgin 

Islands), Director, Air and Waste Management Division, 26 

Federal Plaza, New York, NY 10278. 

EPA Region III (Delaware, District of Columbia, Maryland, 

Pennsylvania, Virginia, West Virginia), Director, Air, 

Radiation and Toxics Division, 841 Chestnut Street, 

Philadelphia, PA 19107. 

EPA Region IV (Alabama, Florida, Georgia, Kentucky, 

Mississippi, North Carolina, South Carolina, Tennessee), 

Director, Air, Pesticides and Toxics, Management Division, 

345 Courtland Street, N.E., Atlanta, GA 30365. 

EPA Region V (Illinois, Indiana, Michigan, Minnesota, 

Ohio, Wisconsin), Director, Air and Radiation Division, 77 

West Jackson Blvd., Chicago, IL 60604-3507. 

EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, 

Texas), Director, Air, Pesticides and Toxics, 1445 Ross 

Avenue, Dallas, TX 75202-2733. 
1-104 

EPA Region VII (Iowa, Kansas, Missouri, Nebraska), 

Director, Air and Toxics Division, 726 Minnesota Avenue, 

Kansas City, KS 66101. 

EPA Region VIII (Colorado, Montana, North Dakota, South 

Dakota, Utah, Wyoming), Director, Air and Toxics Division, 

999 18th Street, 1 Denver Place, Suite 500, Denver, CO 

80202-2405. 

EPA Region IX (Arizona, California, Hawaii, Nevada, 

American Samoa, Guam), Director, Air and Toxics Division, 

75 Hawthorne Street, San Francisco, CA 94105. 

EPA Region X (Alaska, Idaho, Oregon, Washington), 

Director, Office of Air Quality, 1200 Sixth Avenue (OAQ107), Seattle, WA 98101. 

(b) All information required to be submitted to the 

Administrator under this part also shall be submitted to 

the appropriate State agency of any State to which 

authority has been delegated under section 112(l) of the 

Act. The owner or operator of an affected source may 

contact the appropriate EPA Regional Office for the 

mailing addresses for those States whose delegation 

requests have been approved. 

(c) If any State requires a submittal that contains all the 

information required in an application, notification, 

request, report, statement, or other communication 

required in this part, an owner or operator may send the 

appropriate Regional Office of the EPA a copy of that 

submittal to satisfy the requirements of this part for 

that communication. 

[59 FR 12430, Mar. 16, 1994, as amended at 63 FR 66061, Dec. 1, 1998] 

Sec. 63.14 Incorporations by reference. 

(a) The materials listed in this section are incorporated by 

reference in the corresponding sections noted. These 

incorporations by reference were approved by the Director 

of the Federal Register in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. These materials are incorporated as 

they exist on the date of the approval, and notice of any 

change in these materials will be published in the Federal 

Register. The materials are available for purchase at the 

corresponding addresses noted below, and all are available 

for inspection at the Office of the Federal Register, 800 

North Capitol Street, NW., suite 700, Washington, DC, at 

the Air and Radiation Docket and Information Center, U.S. 

EPA, 401 M St., SW., Washington, DC, and at the EPA 

Library (MD-35), U.S. EPA, Research Triangle Park, North 

Carolina. 
1-105 

(b) The following materials are available for purchase from at 

least one of the following addresses: American Society for 

Testing and Materials (ASTM), 1916 Race Street, 

Philadelphia, PA 19103; or University Microfilms 

International, 300 North Zeeb Road, Ann Arbor, MI 48106. 

(1) ASTM D523-89, Standard Test Method for Specular 

Gloss, IBR approved for Sec. 63.782. 

(2) ASTM D1193-77, 91, Standard Specification for Reagent 

Water, IBR approved for Appendix A: Method 306, 

Sections 7.2.1 and 7.4.2. 

(3) ASTM D1331-89, Standard Test Methods for Surface and 

Interfacial Tension of Solutions of Surface Active 

Agents, IBR approved for Appendix A: Method 306B, 

Sections 6.2, 11.1, and 12.2.2. 

(4) ASTM D1475-90, Standard Test Method for Density of 

Paint, Varnish Lacquer, and Related Products, IBR 

approved for Sec. 63.788, Appendix A. 

(5) ASTM D1946-77, 90, 94, Standard Method for Analysis 

of Reformed Gas by Gas Chromatography, IBR approved 

for Sec. 63.11(b)(6). 

(6) ASTM D2369-93, 95, Standard Test Method for Volatile 

Content of Coatings, IBR approved for Sec. 63.788, 

Appendix A. 

(7) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon 

Fuels by Bomb Calorimeter (High-Precision Method), 

IBR approved for Sec. 63.11(b)(6). 

(8) ASTM D2879-83, 96, Test Method for Vapor PressureTemperature Relationship and Initial Decomposition 

Temperature of Liquids by Isoteniscope, IBR approved 

for Sec. 63.111 of Subpart G. 

(9) ASTM D3257-93, Standard Test Methods for Aromatics in 

Mineral Spirits by Gas Chromatography, IBR approved 

for Sec. 63.786(b). 

(10) ASTM 3695-88, Standard Test Method for Volatile 

Alcohols in Water by Direct Aqueous-Injection Gas 

Chromatography, IBR approved for Sec. 63.365(e)(1) of 

Subpart O. 

(11) ASTM D3792-91, Standard Method for Water Content of 

Water-Reducible Paints by Direct Injection into a Gas 

Chromatograph, IBR approved for Sec. 63.788, Appendix 

A. 
1-106 

(12) ASTM D3912-80, Standard Test Method for Chemical 

Resistance of Coatings Used in Light-Water Nuclear 

Power Plants, IBR approved for Sec. 63.782. 

(13) ASTM D4017-90, 96a, Standard Test Method for Water in 

Paints and Paint Materials by the Karl Fischer 

Titration Method, IBR approved for Sec. 63.788, 

Appendix A. 

(14) ASTM D4082-89, Standard Test Method for Effects of 

Gamma Radiation on Coatings for Use in Light-Water 

Nuclear Power Plants, IBR approved for Sec. 63.782. 

(15) ASTM D4256-89, 94, Standard Test Method for 

Determination of the Decontaminability of Coatings 

Used in Light-Water Nuclear Power Plants, IBR 

approved for Sec. 63.782. 

(16) ASTM D4809-95, Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by Bomb 

Calorimeter (Precision Method), IBR approved for Sec. 

63.11(b)(6). 

(17) ASTM E180-93, Standard Practice for Determining the 

Precision of ASTM Methods for Analysis and Testing of 

Industrial Chemicals, IBR approved for Sec. 

63.786(b). 

(18) ASTM E260-91, 96, General Practice for Packed Column 

Gas Chromatography, IBR approved for Secs. 

63.750(b)(2) and 63.786(b)(5). 

(c) The materials listed below are available for purchase from 

the American Petroleum Institute (API), 1220 L Street, 

NW., Washington, DC 20005. 

(1) API Publication 2517, Evaporative Loss from External 

Floating-Roof Tanks, Third Edition, February 1989, 

IBR approved for Sec. 63.111 of subpart G of this 

part. 

(2) API Publication 2518, Evaporative Loss from Fixedroof Tanks, Second Edition, October 1991, IBR 

approved for Sec. 63.150(g)(3)(i)(C) of subpart G of 

this part. 

(3) API Manual of Petroleum Measurement Specifications 

(MPMS) Chapter 19.2, Evaporative Loss From FloatingRoof Tanks (formerly API Publications 2517 and 2519), 

First Edition, April 1997, IBR approved for Sec. 

63.1251 of subpart GGG of this part. 

(d) State and Local Requirements. The materials listed below 

are available at the Air and Radiation Docket and 
1-107 

Information Center, U.S. EPA, 401 M St., SW., Washington, 

DC. 

(1) California Regulatory Requirements Applicable to the 

Air Toxics Program, January 5, 1999, IBR approved for 

Sec. 63.99(a)(5)(ii) of subpart E of this part. 

(2) Revisions to Puget Sound Clean Air Regulation III, 

section 3.03, Perchloroethylene Dry Cleaners adopted 

on November 9, 1995, IBR approved for section 63.99 

(a)(47)(ii) of subpart E of this part. 

(e) The materials listed below are available for purchase from 

the National Institute of Standards and Technology, 

Springfield, VA 22161, (800) 553-6847. 

(1) Handbook 44, Specifications, Tolerances, and Other 

Technical Requirements for Weighing and Measuring 

Devices 1998, IBR approved for Sec. 63.1303(e)(3). 

(2) [Reserved] 

(f) The following material is available from the National 

Council of the Paper Industry for Air and Stream 

Improvement, Inc. (NCASI), P. O. Box 133318, Research 

Triangle Park, NC 27709-3318 or at http://www.ncasi.org: 

NCASI Method DI/MEOH-94.02, Methanol in Process Liquids 

GC/FID (Gas Chromatography/Flame Ionization Detection), 

August 1998, Methods Manual, NCASI, Research Triangle 

Park, NC, IBR approved for Sec. 63.457(c)(3)(ii) of 

subpart S of this part. 

(g) The materials listed below are available for purchase from 

AOAC International, Customer Services, Suite 400, 2200 

Wilson Boulevard, Arlington, Virginia, 22201-3301, 

Telephone (703) 522-3032, Fax (703) 522-5468. 

(1) AOAC Official Method 978.01 Phosphorus (Total) in 

Fertilizers, Automated Method, Sixteenth edition, 

1995, IBR approved for Sec. 63.626(d)(3)(vi). 

(2) AOAC Official Method 969.02 Phosphorus (Total) in 

Fertilizers, Alkalimetric Quinolinium 

Molybdophosphate Method, Sixteenth edition, 1995, IBR 

approved for Sec. 63.626(d)(3)(vi). 

(3) AOAC Official Method 962.02 Phosphorus (Total) in 

Fertilizers, Gravimetric Quinolinium Molybdophosphate 

Method, Sixteenth edition, 1995, IBR approved for 

Sec. 63.626(d)(3)(vi). 

(4) AOAC Official Method 957.02 Phosphorus (Total) in 

Fertilizers, Preparation of Sample Solution, 
1-108 

Sixteenth edition, 1995, IBR approved for Sec. 

63.626(d)(3)(vi). 

(5) AOAC Official Method 929.01 Sampling of Solid 

Fertilizers, Sixteenth edition, 1995, IBR approved 

for Sec. 63.626(d)(3)(vi). 

(6) AOAC Official Method 929.02 Preparation of Fertilizer 

Sample, Sixteenth edition, 1995, IBR approved for 

Sec. 63.626(d)(3)(vi). 

(7) AOAC Official Method 958.01 Phosphorus (Total) in 

Fertilizers, Spectrophotometric 

Molybdovanadophosphate Method, Sixteenth edition, 

1995, IBR approved for Sec. 63.626(d)(3)(vi). 

(h) The materials listed below are available for purchase from 

The Association of Florida Phosphate Chemists, P.O. Box 

1645, Bartow, Florida, 33830, Book of Methods Used and 

Adopted By The Association of Florida Phosphate Chemists, 

Seventh Edition 1991, IBR. 

(1) Section IX, Methods of Analysis for Phosphate Rock, 

No. 1 Preparation of Sample, IBR approved for Sec. 

63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii). 

(2) Section IX, Methods of Analysis for Phosphate Rock, 

No. 3 Phosphorus--P2O5 or Ca3(PO4)2, Method AVolumetric Method, IBR approved for Sec. 

63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii). 

(3) Section IX, Methods of Analysis for Phosphate Rock, 

No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method B--

Gravimetric Quimociac Method, IBR approved for Sec. 

63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii). 

(4) Section IX, Methods of Analysis For Phosphate Rock, 

No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method C--

Spectrophotometric Method, IBR approved for Sec. 

63.606(c)(3)(ii) and Sec. 63.626(c)(3)(ii). 

(5) Section XI, Methods of Analysis for Phosphoric Acid, 

Super phosphate, Triple Super phosphate, and Ammonium 

Phosphates, No. 3 Total Phosphorus-P2O5, Method A--

Volumetric Method, IBR approved for Sec. 

63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), and Sec. 

63.626(d)(3)(v). 

(6) Section XI, Methods of Analysis for Phosphoric Acid, 

Super phosphate, Triple Super phosphate, and Ammonium 

Phosphates, No. 3 Total Phosphorus-P2O5, Method B--

Gravimetric Quimociac Method, IBR approved for Sec. 

63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), and Sec. 

63.626(d)(3)(v). 
1-109 

(7) Section XI, Methods of Analysis for Phosphoric Acid, 

Super phosphate, Triple Super phosphate, and Ammonium 

Phosphates, No. 3 Total Phosphorus-P2O5, Method C--

Spectrophotometric Method, IBR approved for Sec. 

63.606(c)(3)(ii), Sec. 63.626(c)(3)(ii), and Sec. 

63.626(d)(3)(v). 

[59 FR 12430, Mar. 16, 1994, as amended at 59 FR 19453, 

Apr. 22, 1994; 63 FR 50326, Sept. 21, 1998; 63 FR 53996, 

Oct. 7, 1998; 64 FR 4300, Jan. 28, 1999; 64 FR 17562, Apr. 12, 1999; 

64 FR 31375, June 10, 1999; 65 FR 62215, Oct. 17, 2000; 66 FR 14324, 

Mar. 12, 2001] 

Effective Date Note: At 66 FR 30822, June 8, 2001, Sec. 63.14 was 

amended by adding paragraph (d)(3) effective Aug. 8, 2001. For 

the convenience of the user, the added text appears as follows: 

Sec. 63.14 Incorporation by Reference. 

 * * * * * 

(d) * * * 

(3) (i) Letter of June 7, 1999 to the U.S. 

Environmental Protection Agency Region 3 from 

the Delaware Department of Natural Resources 

and Environmental Control requesting formal 

full delegation to take over primary 

responsibility for implementation and 

enforcement of the Chemical Accident 

Prevention Program under Section 112(r) of the 

Clean Air Act Amendments of 1990. 

(ii) Delaware Department of Natural Resources and 

Environmental Control, Division of Air and 

Waste Management, Accidental Release 

Prevention Regulation, sections 1 through 5 

and sections 7 through 14, effective January 

11, 1999, IBR approved for Sec. 63.99(a)(8)(i) 

of subpart E of this part. 

 * * * * * 

Sec. 63.15 Availability of information and confidentiality. 

(a) Availability of information. 

(1) With the exception of information protected through 

part 2 of this chapter, all reports, records, and 

other information collected by the Administrator 

under this part are available to the public. In 

addition, a copy of each permit application, 

compliance plan (including the schedule of 
1-110 

compliance), notification of compliance status, 

excess emissions and continuous monitoring systems 

performance report, and title V permit is available 

to the public, consistent with protections recognized 

in section 503(e) of the Act. 

(2) The availability to the public of information 

provided to or otherwise obtained by the 

Administrator under this part shall be governed by 

part 2 of this chapter. 

(b) Confidentiality. 

(1) If an owner or operator is required to submit 

information entitled to protection from disclosure 

under section 114(c) of the Act, the owner or 

operator may submit such information separately. The 

requirements of section 114(c) shall apply to such 

information. 

(2) The contents of a title V permit shall not be 

entitled to protection under section 114(c) of the 

Act; however, information submitted as part of an 

application for a title V permit may be entitled to 

protection from disclosure. 

40 CFR 63 Subpart GGGG--National Emission Standards for Hazardous 

Air Pollutants: Solvent Extraction for Vegetable Oil 

Production 

Source: 66 FR 19011, Apr. 12, 2001, unless otherwise noted. 

What This Subpart Covers 

Sec. 63.2830 What is the purpose of this subpart? 

This subpart establishes national emission standards for 

hazardous air pollutants (NESHAP) for emissions during vegetable 

oil production. This subpart limits hazardous air pollutant 

(HAP) emissions from specified vegetable oil production 

processes. This subpart also establishes requirements to 

demonstrate initial and continuous compliance with the emission 

standards. 

Sec. 63.2831 Where can I find definitions of key words used in 

this subpart? 

You can find definitions of key words used in this subpart in 

Sec. 63.2872. 
1-111 

Sec. 63.2832 Am I subject to this subpart? 

(a) You are an affected source subject to this subpart if you 

meet all of the criteria listed in paragraphs (a)(1) and 

(2) of this section: 

(1) You own or operate a vegetable oil production process 

that is a major source of HAP emissions or is 

collocated within a plant site with other sources 

that are individually or collectively a major source 

of HAP emissions. 

(i) A vegetable oil production process is defined 

in Sec. 63.2872. In general, it is the 

collection of continuous process equipment and 

activities that produce crude vegetable oil 

and meal products by removing oil from 

oilseeds listed in Table 1 to Sec. 63.2840 

through direct contact with an organic 

solvent, such as a hexane isomer blend. 

(ii) A major source of HAP emissions is a plant 

site that emits or has the potential to emit 

any single HAP at a rate of 10 tons (9.07 

megagrams) or more per year or any combination 

of HAP at a rate of 25 tons (22.68 megagrams) 

or more per year. 

(2) Your vegetable oil production process processes any 

combination of eight types of oilseeds listed in 

paragraphs (a)(2)(i) through (viii) of this section: 

(i) Corn germ; 

(ii) Cottonseed; 

(iii) Flax; 

(iv) Peanut; 

(v) Rapeseed (for example, canola); 

(vi) Safflower; 

(vii) Soybean; and 

(viii) Sunflower. 

(b) You are not subject to this subpart if your vegetable oil 

production process meets any of the criteria listed in 

paragraphs (b)(1) through (4) of this section: 
1-112 

(1) It uses only mechanical extraction techniques that 

use no organic solvent to remove oil from a listed 

oilseed. 

(2) It uses only batch solvent extraction and batch 

desolventizing equipment. 

(3) It processes only agricultural products that are not 

listed oilseeds as defined in Sec. 63.2872. 

(4) It functions only as a research and development 

facility and is not a major source. 

(c) As listed in Sec. 63.1(c)(5) of the General Provisions, if 

your HAP emissions increase such that you become a major 

source, then you are subject to all of the requirements of 

this subpart. 

Sec. 63.2833 Is my source categorized as existing or new? 

(a) This subpart applies to each existing and new affected 

source. You must categorize your vegetable oil production 

process as either an existing or a new source in 

accordance with the criteria in Table 1 of this section, 

as follows: 

TABLE 1 TO § 63.2833.—CATEGORIZING YOUR SOURCE AS EXISTING 

OR NEW 

If your affected 

source And if 

Then your 

affected 

source 

(1) was constructed or 

began construction 

before May 26, 2000 

reconstruction has not 

occurred 

 is an 

existing 

source 

(2) began 

reconstruction, as 

defined in § 63.2, on 

or after May 26, 2000.

(i) reconstruction was 

part of a scheduled 

plan to comply with the 

existing source 

requirements of this 

subpart; and. 

 (ii) reconstruction was 

completed no later 

than 3 years after the 

effective date of this 

subpart. 

remains an 

existing 

source. 

(3) began a 

significant 

modification, as 

defined in § 63. 2872, 

at any time on an 

existing source. 

the modification does 

not constitute reconstruction. 

remains an 

existing 

source. 
1-113 

If your affected 

source And if 

Then your 

affected 

source 

(4) began a 

significant 

modification, as 

defined in § 63. 2872,

at any time on a new 

source. 

the modification does 

not constitute reconstruction 

remains a new 

source 

(5) began 

reconstruction on or 

after May 26, 2000. 

reconstruction was 

completed later than 3 

years after the 

effective date of this 

subpart. 

is a new 

source. 

(6) began construction 

on or after May 26, 

2000. 

 is a new 

source. 

(b) Reconstruction of a source. Any affected source is 

reconstructed if components are replaced so that the 

criteria in the definition of reconstruction in Sec. 63.2 

are satisfied. In general, a vegetable oil production 

process is reconstructed if the fixed capital cost of the 

new components exceeds 50 percent of the fixed capital 

cost for constructing a new vegetable oil production 

process, and it is technically and economically feasible 

for the reconstructed source to meet the relevant new 

source requirements of this subpart. The effect of 

reconstruction on the categorization of your existing and 

new affected source is described in paragraphs (b)(1) and 

(2) of this section: 

(1) After reconstruction of an existing source, the 

affected source is recategorized as a new source and 

becomes subject to the new source requirements of 

this subpart. 

(2) After reconstruction of a new source, the affected 

source remains categorized as a new source and 

remains subject to the new source requirements of 

this subpart. 

(c) Significant modification of a source. A significant 

modification to an affected source is a term specific to 

this subpart and is defined in Sec. 63.2872. 

(1) In general, a significant modification to your source 

consists of adding new equipment or the modification 

of existing equipment within the affected source that 

significantly affects solvent losses from the 

affected source. Examples include adding or 

replacing extractors, desolventizer-toasters 

(conventional and specialty), and meal dryer-coolers. 

All other significant modifications must meet the 
1-114 

criteria listed in paragraphs (c)(1)(i) and (ii) of 

this section: 

(i) The fixed capital cost of the modification 

represents a significant percentage of the 

fixed capital cost of building a comparable 

new vegetable oil production process. 

(ii) It does not constitute reconstruction as 

defined in Sec. 63.2. 

(2) A significant modification has no effect on the 

categorization of your source as existing and new. 

An existing source remains categorized as an existing 

source and subject to the existing source 

requirements of this subpart. A new source remains 

categorized as a new source and subject to the new 

source requirements of this subpart. 

(d) Changes in the type of oilseed processed by your affected 

source does not affect the categorization of your source 

as new or existing. Recategorizing an affected source 

from existing to new occurs only when you add or modify 

process equipment within the source which meets the 

definition of reconstruction. 

Sec. 63.2834 When do I have to comply with the standards in this 

subpart? 

You must comply with this subpart in accordance with one of the 

schedules in Table 1 of this section, as follows: 

TABLE 1 OF § 63.2834.—COMPLIANCE DATES FOR EXISTING AND NEW 

SOURCES 

If your affected 

source is 

categorized as... 

And if... Then your 

compliance date 

is... 

(a) an existing 

source.......... 

.................. 3 years after 

the effective 

date of this 

subpart. 

(b) a new source you startup your 

affected source 

before the effective 

date of this subpart 

the effective 

date of this 

subpart 

(c) a new source you startup your 

affected source on 

or after the 

effective date of 

this subpart. 

your startup 

date. 

 Standards 
1-115 

Sec. 63.2840 What emission requirements must I meet?

(a) (1) The emission requirements limit the number of gallons 

of HAP lost per ton of listed oilseeds processed. 

For each operating month, you must calculate a 

compliance ratio which compares your actual HAP loss 

to your allowable HAP loss for the previous 12 

operating months as shown in Equation 1 of this 

section. An operating month, as defined in Sec. 

63.2872, is any calendar month in which a source 

processes a listed oilseed, excluding any entire 

calendar month in which the source operated under an 

initial startup period subject to Sec. 63.2850(c)(2) 

or (d)(2) or a malfunction period subject to Sec. 

63.2850(e)(2). Equation 1 of this section follows: 

Allowable HAP Loss

Actual HAP Loss

Compliance Ratio =

(Eq. 1) 

(2) Equation 1 of this section can also be expressed as a 

function of total solvent loss as shown in Equation 2 

of this section. Equation 2 of this section follows: 

∑ ( ) ( )() =

∗ ∗

∗ = n

i 1

0.64 Oilseed i SLF i

f Actual Solvent Loss

Compliance Ratio

(Eq. 2) 

Where: 

f = The weighted average volume fraction of HAP in 

solvent received during the previous 12 

operating months, as determined in Sec. 

63.2854, dimensionless. 

0.64 = The average volume fraction of HAP in solvent 

in the baseline performance data, 

dimensionless. 

Actual Solvent Loss = Gallons of actual solvent loss 

during previous 12 operating months, as 

determined in Sec. 63.2853. 

Oilseed = Tons of each oilseed type “I” processed 

during the previous 12 operating months, as 

shown in Sec. 63.2855. 

SLF = The corresponding solvent loss factor 

(gal/ton) for oilseed “i” listed in Table 1 of 

this section, as follows: 
1-116 

TABLE 1 OF § 63.2840.—OILSEED SOLVENT LOSS FACTORS 

FOR DETERMINING ALLOWABLE HAP LOSS 

 Oilseed solvent 

loss factor 

(gal/ton) 

Type of oilseed 

process 

A source that Existing 

sources 

New 

sources 

(i) Corn Germ, Wet 

Milling 

processes corn germ that has 

been separated from other 

corn components using a “wet” 

process of centrifuging a 

slurry steeped in a dilute 

sulfurous acid solution. 

0.4 0.3

(ii) Corn Germ, Dry 

Milling 

processes corn germ that has 

been separated from the other 

corn components using a “dry” 

process of mechanical chafing 

and air sifting. 

0.7 0.7

(iii) Cottonseed, 

Large 

processes 120,000 tons or 

more of a combination of 

cottonseed and other listed 

oilseeds during all normal 

operating periods in a 12 

operating month period 

0.5 0.4

(iv) Cottonseed, 

Small 

processes less than 120,000 

tons of a combination of 

cottonseed and other listed 

oilseeds during all normal 

operating periods in a 12 

operating month period 

0.7 0.4

(v) Flax processes flax 0.6 0.6

(vi) Peanuts processes peanuts 1.2 0.7

(vii) Rapeseed processes rapeseed 0.7 0.3

(viii) Safflower processes safflower 0.7 0.7

(ix) Soybean, 

Conventional 

uses a conventional style 

desolventizer to produce 

crude soybean oil products 

and soybean animal feed 

products. 

0.2 0.2

(x) Soybean, 

Specialty 

 uses a special style 

desolventizer to produce soybean meal products for human 

and animal consumption 

1.7 1.5
1-117 

 Oilseed solvent 

loss factor 

(gal/ton) 

Type of oilseed 

process 

A source that Existing 

sources 

New 

sources 

 (xi) Soybean, 

Combination Plant 

with Low Specialty 

Production 

processes soybeans in both 

specialty and conventional 

desolventizers and the 

quantity of soy-beans 

processed in specialty 

desolventizers during normal 

operating periods is less 

than 3.3 percent of total 

soybeans processed during all 

normal operating periods in a 

12 operating month period. 

The corresponding solvent 

loss factor is an overall 

value and applies to the 

total quantity of soybeans 

processed 

0.25 0.25

(xii) Sunflower processes sunflower 0.4 0.3

(b) When your source has processed listed oilseed for 12 

operating months, calculate the compliance ratio by the 

end of each calendar month following an operating month 

using Equation 2 of this section. When calculating your 

compliance ratio, consider the conditions and exclusions 

in paragraphs (b)(1) through (6) of this section: 

(1) If your source processes any quantity of listed 

oilseeds in a calendar month and the source is not 

operating under an initial startup period or 

malfunction period subject to Sec. 63.2850, then you 

must categorize the month as an operating month, as 

defined in Sec. 63.2872. 

(2) The 12-month compliance ratio may include operating 

months occurring prior to a source shutdown and 

operating months that follow after the source resumes 

operation. 

(3) If your source shuts down and processes no listed 

oilseed for an entire calendar month, then you must 

categorize the month as a nonoperating month, as 

defined in Sec. 63.2872. Exclude any nonoperating 

months from the compliance ratio determination. 

(4) If your source is subject to an initial startup 

period as defined in Sec. 63.2872, exclude from the 

compliance ratio determination any solvent and 

oilseed information recorded for the initial startup 

period. 
1-118 

(5) If your source is subject to a malfunction period as 

defined in Sec. 63.2872, exclude from the compliance 

ratio determination any solvent and oilseed 

information recorded for the malfunction period. 

(6) For sources processing cottonseed or specialty 

soybean, the solvent loss factor you use to determine 

the compliance ratio may change each operating month 

depending on the tons of oilseed processed during all 

normal operating periods in a 12 operating month 

period. 

(c) If the compliance ratio is less than or equal to 1.00, 

your source was in compliance with the HAP emission 

requirements for the previous operating month. 

(d) To determine the compliance ratio in Equation 2 of this 

section, you must select the appropriate oilseed solvent 

loss factor from Table 1 of this section. First, 

determine whether your source is new or existing using 

Table 1 of Sec. 63.2833. Then, under the appropriate 

existing or new source column, select the oilseed solvent 

loss factor that corresponds to each type oilseed or 

process operation for each operating month. 

Compliance Requirements 

Sec. 63.2850 How do I comply with the hazardous air pollutant 

emission standards?

(a) General requirements. The requirements in paragraphs 

(a)(1)(i) through (iv) of this section apply to all 

affected sources: 

(1) Submit the necessary notifications in accordance with 

Sec. 63.2860, which include: 

(i) Initial notifications for existing sources. 

(ii) Initial notifications for new and 

reconstructed sources. 

(iii) Initial notifications for significant 

modifications to existing or new sources. 

(iv) Notification of compliance status. 

(2) Develop and implement a plan for demonstrating 

compliance in accordance with Sec. 63.2851. 

(3) Develop a written startup, shutdown and malfunction 

(SSM) plan in accordance with the provisions in Sec. 

63.2852. 
1-119 

(4) Maintain all the necessary records you have used to 

demonstrate compliance with this subpart in 

accordance with Sec. 63.2862. 

(5) Submit the reports in paragraphs (a)(5)(i) through 

(iii) of this section: 

(i) Annual compliance certifications in accordance 

with Sec. 63.2861(a). 

(ii) Periodic SSM reports in accordance with Sec. 

63.2861(c). 

(iii) Immediate SSM reports in accordance with Sec. 

63.2861(d). 

(6) Submit all notifications and reports and maintain all 

records required by the General Provisions for 

performance testing if you add a control device that 

destroys solvent. 

(b) Existing sources under normal operation. You must meet 

all of the requirements listed in paragraph (a) of this 

section and Table 1 of this section for sources under 

normal operation, and the schedules for demonstrating 

compliance for existing sources under normal operation in 

Table 2 of this section. 

(c) New sources. Your new source, including a source that is 

categorized as new due to reconstruction, must meet the 

requirements associated with one of two compliance 

options. Within 15 days of the startup date, you must 

choose to comply with one of the options listed in 

paragraph (c)(1) or (2) of this section: 

(1) Normal operation. Upon startup of your new source, 

you must meet all of the requirements listed in Sec. 

63.2850(a) and Table 1 of this section for sources 

under normal operation, and the schedules for 

demonstrating compliance for new sources under normal 

operation in Table 2 of this section. 

(2) Initial startup period. For up to 6 calendar months 

after the startup date of your new source, you must 

meet all of the requirements listed in paragraph (a) 

of this section and Table 1 of this section for 

sources operating under an initial startup period, 

and the schedules for demonstrating compliance for 

new sources operating under an initial startup period 

in Table 2 of this section. After a maximum of 6 

calendar months, your new source must then meet all 

of the requirements listed in Table 1 of this section 

for sources under normal operation. 
1-120 

(d) Existing or new sources that have been significantly 

modified. Your existing or new source that has been 

significantly modified must meet the requirements 

associated with one of two compliance options. Within 15 

days of the modified source startup date, you must choose 

to comply with one of the options listed in paragraph 

(d)(1) or (2) of this section: 

(1) Normal operation. Upon startup of your significantly 

modified existing or new source, you must meet all of 

the requirements listed in paragraph (a) of this 

section and Table 1 of this section for sources under 

normal operation, and the schedules for demonstrating 

compliance for an existing or new source that has 

been significantly modified in Table 2 of this 

section. 

(2) Initial startup period. For up to 3 calendar months 

after the startup date of your significantly modified 

existing or new source, you must meet all of the 

requirements listed in paragraph (a) of this section 

and Table 1 of this section for sources operating 

under an initial startup period, and the schedules 

for demonstrating compliance for a significantly 

modified existing or new source operating under an 

initial startup period in Table 2 of this section. 

After a maximum of 3 calendar months, your new or 

existing source must meet all of the requirements 

listed in Table 1 of this section for sources under 

normal operation. 

(e) Existing or new sources experiencing a malfunction. A 

malfunction is defined in Sec. 63.2. In general, it means 

any sudden, infrequent, and not reasonably preventable 

failure of air pollution control equipment or process 

equipment to function in a usual manner. If your existing 

or new source experiences an unscheduled shutdown as a 

result of a malfunction, continues to operate during a 

malfunction (including the period reasonably necessary to 

correct the malfunction), or starts up after a shutdown 

resulting from a malfunction, then you must meet the 

requirements associated with one of two compliance 

options. Routine or scheduled process startups and 

shutdowns resulting from, but not limited to, market 

demands, maintenance activities, and switching types of 

oilseed processed, are not startups or shutdowns resulting 

from a malfunction and, therefore, do not qualify for this 

provision. Within 15 days of the beginning date of the 

malfunction, you must choose to comply with one of the 

options listed in paragraphs (e)(1) through (2) of this 

section: 

(1) Normal operation. Your source must meet all of the 

requirements listed in paragraph (a) of this section 
1-121 

and one of the options listed in paragraphs (e)(1)(i) 

through (iii) of this section: 

(i) Existing source normal operation requirements 

in paragraph (b) of this section. 

(ii) New source normal operation requirements in 

paragraph (c)(1) of this section. 

(iii) Normal operation requirements for sources that 

have been significantly modified in paragraph 

(d)(1) of this section. 

(2) Malfunction period. Throughout the malfunction 

period, you must meet all of the requirements listed 

in paragraph (a) of this section and Table 1 of this 

section for sources operating during a malfunction 

period. At the end of the malfunction period, your 

source must then meet all of the requirements listed 

in Table 1 of this section for sources under normal 

operation. Table 1 of this section follows: 
1-122 

TABLE 1 OF § 63.2850.—REQUIREMENTS FOR COMPLIANCE WITH HAP EMISSION STANDARDS 

Are you required to. . . For periods of normal 

operation? 

For initial startup periods 

subject to § 63.2850(c)(2) or 

(d)(2)? 

For 

(a) Operate and maintain your source in accordance with your SSM plan as described in § 63.2852? 

No, your source is not subject to the SSM plan, but rather the HAP emission limits of this standard. 

Yes, throughout the entire initial startup period. 

Yes, 

entiperi

(b) Determine and record the extraction solvent loss in gallons from your source? 

Yes, as described in § 63.2853. 

Yes, as described in § 63.2862(e). 

Yes, § 63

(c) Record the volume fraction of HAP present at greater than 1 percent by volume and gallons of extraction sol-vent in shipment received? 

Yes Yes Yes 

(d) Determine and record the tons of each oilseed type processed by your source? 

Yes, as described in § 63.2855. 

No No 

(e) Determine the weighted average volume fraction of HAP in extraction solvent received as described in § 63.2854 by the end of the following calendar month? 

Yes No. Except for solvent received 

by a new or reconstructed source commencing operation under an initial startup period, the HAP volume fraction in any solvent received during an initial startup period is included in the weighted average HAP determination for the next operating month. 

No, fracrecemalfinclaverfor mont
1-123 

Are you required to. . . For periods of normal 

operation? 

For initial startup periods 

subject to § 63.2850(c)(2) or 

(d)(2)? 

For 

(f) Determine and record the actual solvent loss, weighted average volume fraction HAP, oilseed processed and compliance ratio for each 12 operating month period as described in § 63.2840 by the end of the following calendar month? 

Yes No, these requirements are not 

applicable because your source is not required to determine the compliance ratio with data recorded for an initial startup period. 

No, are becanot the data malf

 (g) Submit a Notification of Compliance Status or Annual Compliance Certification as appropriate? 

Yes, as described in §§ 63.2860(d) and 63.2861(a). 

No. However, you may be required to submit an annual compliance certification for previous operating months, if the deadline for the annual compliance certification happens to occur during the initial startup period. 

No. requannucertprevmontfor certoccumalf

h) Submit a Deviation Notification Report by the end of the calendar month following the month in which you determined that the compliance ratio exceeds 1.00 as described in § 63.2861(b)? 

Yes No, these requirements are not 

applicable because your source is not required to determine the compliance ratio with data recorded for an initial startup period. 

No, are becanot the data malf

(i) Submit a Periodic SSM Report as described in § 63 2861(c)? 

No, a SSM activity is not categorized as normal operation. 

Yes Yes 
1-124 

Are you required to. . . For periods of normal 

operation? 

For initial startup periods 

subject to § 63.2850(c)(2) or 

(d)(2)? 

For 

(j) Submit an Immediate SSM Report as described in § 63.2861(d)? 

No, a SSM activity is not categorized as normal operation 

Yes, only if your source does not follow the SSM plan 

Yes, does plan 
1-125 

TABLE 2 OF § 63.2850 — SCHEDULES FOR DEMONSTRATING COMPLIANCE 

UNDER VARIOUS SOURCE 

OPERATING MODES 

If your 

source is 

and is operating 

under 

then your 

recordkeeping 

schedule 

You must 

determine 

your first 

compliance 

ratio by 

the end of 

the 

calendar 

month 

following 

Base your 

first 

compliance 

ratio on 

information 

recorded 

(a) 

Existing 

Normal operation Begins on the 

compliance 

date. 

The first 

12 

operating 

months 

after the 

compliance 

date. 

During the 

first 12 

operating 

months after 

the 

compliance 

date. 

(b) New (1) Normal 

operation 

Begins on the 

startup date 

of your new 

source. 

The first 

12 

operating 

months 

after the 

startup 

date of the 

new source. 

During the 

first 12 

operating 

months after 

the startup 

date of the 

new source. 

 (2) An initial 

startup period. 

Begins on the 

startup date 

of your new 

source. 

The first 

12 

operating 

months 

after 

termination 

of the 

initial 

startup 

period, 

which can 

last for up 

to 6 

months. 

During the 

first 12 

operating 

months after 

the initial 

startup 

period, 

which can 

last for up 

to 6 months.
1-126 

If your 

source is 

and is operating 

under 

then your 

recordkeeping 

schedule 

You must 

determine 

your first 

compliance 

ratio by 

the end of 

the 

calendar 

month 

following 

Base your 

first 

compliance 

ratio on 

information 

recorded 

(c) 

Existing or 

new that 

has been 

significant

ly modified 

(1) Normal 

operation 

Resumes on 

the start-up 

date of the 

modified 

source. 

The first 

operating 

month after 

the startup date of 

the 

modified 

source. 

During the 

previous 11 

operating 

months prior 

to the 

significant 

modification 

and the 

first 

operating 

month 

following 

the initial 

startup date 

of the 

source. 

 (2) An initial 

startup period. 

Resumes on 

the start-up 

date of the 

modified 

source. 

The first 

operating 

month after 

termination 

of the 

initial 

startup 

period, 

which can 

last up to 

3 months. 

During the 

11 operating 

months 

before the 

significant 

modification 

and the 

first 

operating 

month after 

the initial 

startup 

period. 

Sec. 63.2851 What is a plan for demonstrating compliance?

(a) You must develop and implement a written plan for 

demonstrating compliance that provides the detailed 

procedures you will follow to monitor and record data 

necessary for demonstrating compliance with this subpart. 

Procedures followed for quantifying solvent loss from the 

source and amount of oilseed processed vary from source to 

source because of site-specific factors such as equipment 

design characteristics and operating conditions. Typical 

procedures include one or more accurate measurement 

methods such as weigh scales, volumetric displacement, and 

material mass balances. Because the industry does not 

have a uniform set of procedures, you must develop and 
1-127 

implement your own site-specific plan for demonstrating 

compliance before the compliance date for your source. 

You must also incorporate the plan for demonstrating 

compliance by reference in the source’s title V permit and 

keep the plan on-site and readily available as long as the 

source is operational. If you make any changes to the 

plan for demonstrating compliance, then you must keep all 

previous versions of the plan and make them readily 

available for inspection for at least 5 years after each 

revision. The plan for demonstrating compliance must 

include the items in paragraphs (a)(1) through (7) of this 

section: 

(1) The name and address of the owner or operator. 

(2) The physical address of the vegetable oil production 

process. 

(3) A detailed description of all methods of measurement 

your source will use to determine your solvent 

losses, HAP content of solvent, and the tons of each 

type of oilseed processed. 

(4) When each measurement will be made. 

(5) Examples of each calculation you will use to 

determine your compliance status. Include examples 

of how you will convert data measured with one 

parameter to other terms for use in compliance 

determination. 

(6) Example logs of how data will be recorded. 

(7) A plan to ensure that the data continue to meet 

compliance demonstration needs. 

(b) The responsible agency of these NESHAP may require you to 

revise your plan for demonstrating compliance. The 

responsible agency may require reasonable revisions if the 

procedures lack detail, are inconsistent or do not 

accurately determine solvent loss, HAP content of the 

solvent, or the tons of oilseed processed. 

Sec. 63.2852 What is a startup, shutdown, and malfunction plan? 

You must develop a written SSM plan in accordance with Sec. 

63.6(e)(3) and implement the plan, when applicable. You must 

complete the SSM plan before the compliance date for your source. 

You must also incorporate the SSM plan by reference in your 

source’s title V permit and keep the SSM plan on-site and readily 

available as long as the source is operational. The SSM plan 

provides detailed procedures for operating and maintaining your 

source to minimize emissions during a qualifying SSM event for 

which the source chooses the Sec. 63.2850(e)(2) malfunction 
1-128 

period, or the Sec. 63.2850(c)(2) or (d)(2) initial startup 

period. The SSM plan must specify a program of corrective action 

for malfunctioning process and air pollution control equipment 

and reflect the best practices now in use by the industry to 

minimize emissions. Some or all of the procedures may come from 

plans you developed for other purposes such as a Standard 

Operating Procedure manual or an Occupational Safety and Health 

Administration Process Safety Management plan. To qualify as a 

SSM plan, other such plans must meet all the applicable 

requirements of these NESHAP. 

Sec. 63.2853 How do I determine the actual solvent loss? 

By the end of each calendar month following an operating month, 

you must determine the total solvent loss in gallons for the 

previous operating month. The total solvent loss for an 

operating month includes all solvent losses that occur during 

normal operating periods within the operating month. If you have 

determined solvent losses for 12 or more operating months, then 

you must also determine the 12 operating months rolling sum of 

actual solvent loss in gallons by summing the monthly actual 

solvent loss for the previous 12 operating months. The 12 

operating months rolling sum of solvent loss is the “actual 

solvent loss,” which is used to calculate your compliance ratio 

as described in Sec. 63.2840. 

(a) To determine the actual solvent loss from your source, 

follow the procedures in your plan for demonstrating 

compliance to determine the items in paragraphs (a)(1) 

through (7) of this section: 

(1) The dates that define each operating status period 

during a calendar month. The dates that define each 

operating status period include the beginning date of 

each calendar month and the date of any change in the 

source operating status. If the source maintains the 

same operating status during an entire calendar 

month, these dates are the beginning and ending dates 

of the calendar month. If, prior to the effective 

date of this rule, your source determines the solvent 

loss on an accounting month, as defined in Sec. 

63.2872, rather than a calendar month basis, and you 

have 12 complete accounting months of approximately 

equal duration in a calendar year, you may substitute 

the accounting month time interval for the calendar 

month time interval. If you choose to use an 

accounting month rather than a calendar month, you 

must document this measurement frequency selection in 

your plan for demonstrating compliance, and you must 

remain on this schedule unless you request and 

receive written approval from the agency responsible 

for these NESHAP. 
1-129 

(2) Source operating status. You must categorize the 

operating status of your source for each recorded 

time interval in accordance with criteria in Table 1 

of this section, as follows: 

TABLE 1 OF § 63.2853.—CATEGORIZING YOUR SOURCE 

OPERATING STATUS 

If during a recorded time 

interval 

then your source 

operating status is 

(i) Your source processes any 

amount of listed oilseed and 

source is not operating under an 

initial startup operating period 

or a malfunction period subject 

to § 63.2850(c)(2), (d)(2), or 

(e)(2). 

A normal operating 

period. 

(ii) Your source processes no 

agricultural product and your 

source is not operating under an 

initial startup period or malfunction period subject to § 

63.2850(c)(2), (d)(2), or (e)(2). 

A non-operating 

period. 

(iii) You choose to operate your 

source under an initial startup 

period subject to § 63.2850(c)(2) 

or (d)(2). 

An initial startup 

period. 

(iv) You choose to operate your 

source under a malfunction period 

subject to § 63.2850(e)(2). 

A malfunction period. 

(v) Your source processes 

agricultural products not defined 

as listed oilseed. 

An exempt period. 

(3) Measuring the beginning and ending solvent inventory. 

You are required to measure and record the solvent 

inventory on the beginning and ending dates of each 

normal operating period that occurs during an 

operating month. An operating month is any calendar 

month with at least one normal operating period. You 

must consistently follow the procedures described in 

your plan for demonstrating compliance, as specified 

in Sec. 63.2851, to determine the extraction solvent 

inventory, and maintain readily available records of 

the actual solvent loss inventory, as described in 

Sec. 63.2862(c)(1). In general, you must measure and 

record the solvent inventory only when the source is 

actively processing any type of agricultural product. 

When the source is not active, some or all of the 

solvent working capacity is transferred to solvent 

storage tanks which can artificially inflate the 

solvent inventory. 
1-130 

(4) Gallons of extraction solvent received. Record the 

total gallons of extraction solvent received in each 

shipment. For most processes, the gallons of solvent 

received represents purchases of delivered solvent 

added to the solvent storage inventory. However, if 

your process refines additional vegetable oil from 

off-site sources, recovers solvent from the off-site 

oil, and adds it to the on-site solvent inventory, 

then you must determine the quantity of recovered 

solvent and include it in the gallons of extraction 

solvent received. 

(5) Solvent inventory adjustments. In some situations, 

solvent losses determined directly from the measured 

solvent inventory and quantity of solvent received is 

not an accurate estimate of the “actual solvent loss” 

for use in determining compliance ratios. In such 

cases, you may adjust the total solvent loss for each 

normal operating period as long as you provide a 

reasonable justification for the adjustment. 

Situations that may require adjustments of the total 

solvent loss include, but are not limited to, 

situations in paragraphs (a)(5)(i) and (ii) of this 

section: 

(i) Solvent destroyed in a control device. You 

may use a control device to reduce solvent 

emissions to meet the emission standard. The 

use of a control device does not alter the 

emission limit for the source. If you use a 

control device that reduces solvent emissions 

through destruction of the solvent instead of 

recovery, then determine the gallons of 

solvent that enter the control device and are 

destroyed there during each normal operating 

period. All solvent destroyed in a control 

device during a normal operating period can be 

subtracted from the total solvent loss. 

Examples of destructive emission control 

devices include catalytic incinerators, 

boilers, or flares. Identify and describe, in 

your plan for demonstrating compliance, each 

type of reasonable and sound measurement 

method that you use to quantify the gallons of 

solvent entering and exiting the control 

device and to determine the destruction 

efficiency of the control device. You may use 

design evaluations to document the gallons of 

solvent destroyed or removed by the control 

device instead of performance testing under 

Sec. 63.7. The design evaluations must be 

based on the procedures and options described 

in Sec. 63.985(b)(1)(i)(A) through (C) or Sec. 

63.11, as appropriate. All data, assumptions, 
1-131 

and procedures used in such evaluations must 

be documented and available for inspection. 

If you use performance testing to determine 

solvent flow rate to the control device or 

destruction efficiency of the device, follow 

the procedures as outlined in Sec. 

63.997(e)(1) and (2). Instead of periodic 

performance testing to demonstrate continued 

good operation of the control device, you may 

develop a monitoring plan, following the 

procedures outlined in Sec. 63.988(c) and 

using operational parametric measurement 

devices such as fan parameters, percent 

measurements of lower explosive limits, and 

combustion temperature. 

(ii) Changes in solvent working capacity. In 

records you keep on-site, document any process 

modifications resulting in changes to the 

solvent working capacity in your vegetable oil 

production process. Solvent working capacity 

is defined in Sec. 63.2872. In general, 

solvent working capacity is the volume of 

solvent normally retained in solvent recovery 

equipment such as the extractor, 

desolventizer-toaster, solvent storage, 

working tanks, mineral oil absorber, 

condensers, and oil/solvent distillation 

system. If the change occurs during a normal 

operating period, you must determine the 

difference in working solvent volume and make 

a one-time documented adjustment to the 

solvent inventory. 

(b) Use Equation 1 of this section to determine the actual 

solvent loss occurring from your affected source for all 

normal operating periods recorded within a calendar month. 

Equation 1 of this section follows: 

( )i

n

i 1

SOLVB SOLVE SOLVR SOLVA

(gal)

Solvent

Monthly Actual

∑

=

= − + ±

(Eq. 1) 

Where: 

SOLVB = Gallons of solvent in the inventory at the 

beginning of normal operating period “i” as 

determined in paragraph (a)(3) of this 

section. 
1-132 

SOLVE = Gallons of solvent in the inventory at the end 

of normal operating period “i” as determined 

in paragraph (a)(3) of this section. 

SOLVR = Gallons of solvent received between the 

beginning and ending inventory dates of normal 

operating period “i” as determined in 

paragraph (a)(4) of this section. 

SOLVA = Gallons of solvent added or removed from the 

extraction solvent inventory during normal 

operating period “i” as determined in 

paragraph (a)(5) of this section. 

n = Number of normal operating periods in a 

calendar month. 

(c) The actual solvent loss is the total solvent losses during 

normal operating periods for the previous 12 operating 

months. You determine your actual solvent loss by summing 

the monthly actual solvent losses for the previous 12 

operating months. You must record the actual solvent loss 

by the end of each calendar month following an operating 

month. Use the actual solvent loss in Equation 2 of Sec. 

63.2840 to determine the compliance ratio. Actual solvent 

loss does not include losses that occur during operating 

status periods listed in paragraphs (c)(1) through (4) of 

this section. If any one of these four operating status 

periods span an entire month, then the month is treated as 

nonoperating and there is no compliance ratio 

determination. 

(1) Nonoperating periods as described in paragraph 

(a)(2)(ii) of this section. 

(2) Initial startup periods as described in Sec. 

63.2850(c)(2) or (d)(2). 

(3) Malfunction periods as described in Sec. 

63.2850(e)(2). 

(4) Exempt operation periods as described in paragraph 

(a)(2)(v) of this section. 

Sec. 63.2854 How do I determine the weighted average volume 

fraction of HAP in the actual solvent loss? 

(a) This section describes the information and procedures you 

must use to determine the weighted average volume fraction 

of HAP in extraction solvent received for use in your 

vegetable oil production process. By the end of each 

calendar month following an operating month, determine the 

weighted average volume fraction of HAP in extraction 

solvent received since the end of the previous operating 
1-133 

month. If you have determined the monthly weighted 

average volume fraction of HAP in solvent received for 12 

or more operating months, then also determine an overall 

weighted average volume fraction of HAP in solvent 

received for the previous 12 operating months. Use the 

volume fraction of HAP determined as a 12 operating months 

weighted average in Equation 2 of Sec. 63.2840 to 

determine the compliance ratio. 

(b) To determine the volume fraction of HAP in the extraction 

solvent determined as a 12 operating months weighted 

average, you must comply with paragraphs (b)(1) through 

(3) of this section: 

(1) Record the volume fraction of each HAP comprising 

more than 1 percent by volume of the solvent in each 

delivery of solvent, including solvent recovered from 

off-site oil. To determine the HAP content of the 

material in each delivery of solvent, the reference 

method is EPA Method 311 of appendix A of this part. 

You may use EPA Method 311, an approved alternative 

method, or any other reasonable means for determining 

the HAP content. Other reasonable means of 

determining HAP content include, but are not limited 

to, a material safety data sheet or a manufacturer’s 

certificate of analysis. A certificate of analysis 

is a legal and binding document provided by a solvent 

manufacturer. The purpose of a certificate of 

analysis is to list the test methods and analytical 

results that determine chemical properties of the 

solvent and the volume percentage of all HAP 

components present in the solvent at quantities 

greater than 1 percent by volume. You are not 

required to test the materials that you use, but the 

Administrator may require a test using EPA Method 311 

(or an approved alternative method) to confirm the 

reported HAP content. However, if the results of an 

analysis by EPA Method 311 are different from the HAP 

content determined by another means, the EPA Method 

311 results will govern compliance determinations. 

(2) Determine the weighted average volume fraction of HAP 

in the extraction solvent each operating month. The 

weighted average volume fraction of HAP for an 

operating month includes all solvent received since 

the end of the last operating month, regardless of 

the operating status at the time of the delivery. 

Determine the monthly weighted average volume 

fraction of HAP by summing the products of the HAP 

volume fraction of each delivery and the volume of 

each delivery and dividing the sum by the total 

volume of all deliveries as expressed in Equation 1 

of this section. Record the result by the end of 
1-134 

each calendar month following an operating month. 

Equation 1 of this section follows: 

( )

Total Re ceived

Re ceived Content

(volume fraction)

of Extraction Solvent

Average HAP Content

Monthly Weighted n

i 1

∑ i i =

∗

=

(Eq. 1) 

Where: 

Receivedi = Gallons of extraction solvent received in 

delivery “i.” 

Contenti = The volume fraction of HAP in extraction 

solvent delivery “i.” 

Total Received = Total gallons of extraction solvent 

received since the end of the previous 

operating month. 

n = Number of extraction solvent deliveries since 

the end of the previous operating month. 

(3) Determine the volume fraction of HAP in your 

extraction solvent as a 12 operating months weighted 

average. When your source has processed oilseed for 

12 operating months, sum the products of the monthly 

weighted average HAP volume fraction and 

corresponding volume of solvent received, and divide 

the sum by the total volume of solvent received for 

the 12 operating months, as expressed by Equation 2 

of this section. Record the result by the end of 

each calendar month following an operating month and 

use it in Equation 2 of Sec. 63.2840 to determine the 

compliance ratio. Equation 2 of this section 

follows: 

( )

Total Re ceived

Re ceived Content

(volume fraction)

in Solvent Re ceived

Average of HAP Content

12 Month Weighted 12

i 1

∑ i i =

∗

=

−

(Eq. 2) 

Where: 

Receivedi = Gallons of extraction solvent received in 

operating month “i” as determined in 

accordance with Sec. 63.2853(a)(4). 
1-135 

Contenti = Average volume fraction of HAP in 

extraction solvent received in operating month 

“i” as determined in accordance with paragraph 

(b)(1) of this section. 

Total Received = Total gallons of extraction solvent 

received during the previous 12 operating 

months. 

Sec. 63.2855 How do I determine the quantity of oilseed 

processed? 

All oilseed measurements must be determined on an as received 

basis, as defined in Sec. 63.2872. The as received basis refers 

to the oilseed chemical and physical characteristics as initially 

received by the source and prior to any oilseed handling and 

processing. By the end of each calendar month following an 

operating month, you must determine the tons as received of each 

listed oilseed processed for the operating month. The total 

oilseed processed for an operating month includes the total of 

each oilseed processed during all normal operating periods that 

occur within the operating month. If you have determined the 

tons of oilseed processed for 12 or more operating months, then 

you must also determine the 12 operating months rolling sum of 

each type oilseed processed by summing the tons of each type of 

oilseed processed for the previous 12 operating months. The 12 

operating months rolling sum of each type of oilseed processed is 

used to calculate the compliance ratio as described in Sec. 

63.2840. 

(a) To determine the tons as received of each type of oilseed 

processed at your source, follow the procedures in your 

plan for demonstrating compliance to determine the items 

in paragraphs (a)(1) through (5) of this section: 

(1) The dates that define each operating status period. 

The dates that define each operating status period 

include the beginning date of each calendar month and 

the date of any change in the source operating 

status. If, prior to the effective date of this 

rule, your source determines the oilseed inventory on 

an accounting month rather than a calendar month 

basis, and you have 12 complete accounting months of 

approximately equal duration in a calendar year, you 

may substitute the accounting month time interval for 

the calendar month time interval. If you choose to 

use an accounting month rather than a calendar month, 

you must document this measurement frequency 

selection in your plan for demonstrating compliance, 

and you must remain on this schedule unless you 

request and receive written approval from the agency 

responsible for these NESHAP. The dates on each 

oilseed inventory log must be consistent with the 

dates recorded for the solvent inventory. 
1-136 

(2) Source operating status. You must categorize the 

source operation for each recorded time interval. 

The source operating status for each time interval 

recorded on the oilseed inventory for each type of 

oilseed must be consistent with the operating status 

recorded on the solvent inventory logs as described 

in Sec. 63.2853(a)(2). 

(3) Measuring the beginning and ending inventory for each 

oilseed. You are required to measure and record the 

oilseed inventory on the beginning and ending dates 

of each normal operating period that occurs during an 

operating month. An operating month is any calendar 

month with at least one normal operating period. You 

must consistently follow the procedures described in 

your plan for demonstrating compliance, as specified 

in Sec. 63.2851, to determine the oilseed inventory 

on an as received basis and maintain readily 

available records of the oilseed inventory as 

described by Sec. 63.2862(c)(3). 

(4) Tons of each oilseed received. Record the type of 

oilseed and tons of each shipment of oilseed received 

and added to your on-site storage. 

(5) Oilseed inventory adjustments. In some situations, 

determining the quantity of oilseed processed 

directly from the measured oilseed inventory and 

quantity of oilseed received is not an accurate 

estimate of the tons of oilseed processed for use in 

determining compliance ratios. For example, spoiled 

and molded oilseed removed from storage but not 

processed by your source will result in an 

overestimate of the quantity of oilseed processed. 

In such cases, you must adjust the oilseed inventory 

and provide a justification for the adjustment. 

Situations that may require oilseed inventory 

adjustments include, but are not limited to, the 

situations listed in paragraphs (a)(5)(i) through (v) 

of this section: 

(i) Oilseed that mold or otherwise become 

unsuitable for processing. 

(ii) Oilseed you sell before it enters the 

processing operation. 

(iii) Oilseed destroyed by an event such as a 

process malfunction, fire, or natural 

disaster. 

(iv) Oilseed processed through operations prior to 

solvent extraction such as screening, 
1-137 

dehulling, cracking, drying, and conditioning; 

but that are not routed to the solvent 

extractor for further processing. 

(v) Periodic physical measurements of inventory. 

For example, some sources periodically empty 

oilseed storage silos to physically measure 

the current oilseed inventory. This periodic 

measurement procedure typically results in a 

small inventory correction. The correction 

factor, usually less than 1 percent, may be 

used to make an adjustment to the source’s 

oilseed inventory that was estimated 

previously with indirect measurement 

techniques. To make this adjustment, your 

plan for demonstrating compliance must provide 

for such an adjustment. 

(b) Use Equation 1 of this section to determine the quantity 

of each oilseed type processed at your affected source 

during normal operating periods recorded within a calendar 

month. Equation 1 of this section follows: 

∑ ( ) =

= − + ± n

n 1

SEEDB SEEDE SEEDR SEEDA

Pr ocessed (tons)

of Each Oilseed

Monthly Quantity

(Eq. 1) 

Where: 

SEEDB = Tons of oilseed in the inventory at the 

beginning of normal operating period “i” as 

determined in accordance with paragraph (a)(3) 

of this section. 

SEEDE = Tons of oilseed in the inventory at the end of 

normal operating period “i” as determined in 

accordance with paragraph (a)(3) of this 

section. 

SEEDR = Tons of oilseed received during normal 

operating period “i” as determined in 

accordance with paragraph (a)(4) of this 

section. 

SEEDA = Tons of oilseed added or removed from the 

oilseed inventory during normal operating 

period “i” as determined in accordance with 

paragraph (a)(5) of this section. 

n = Number of normal operating periods in the 

calendar month during which this type oilseed 

was processed. 
1-138 

(c) The quantity of each oilseed processed is the total tons 

of each type of listed oilseed processed during normal 

operating periods in the previous 12 operating months. 

You determine the tons of each oilseed processed by 

summing the monthly quantity of each oilseed processed for 

the previous 12 operating months. You must record the 12 

operating months quantity of each type of oilseed 

processed by the end of each calendar month following an 

operating month. Use the 12 operating months quantity of 

each type of oilseed processed to determine the compliance 

ratio as described in Sec. 63.2840. The quantity of 

oilseed processed does not include oilseed processed 

during the operating status periods in paragraphs (c)(1) 

through (4) of this section: 

(1) Nonoperating periods as described in Sec. 63.2853 

(a)(2)(ii). 

(2) Initial startup periods as described in Sec. 

63.2850(c)(2) or (d)(2). 

(3) Malfunction periods as described in Sec. 

63.2850(e)(2). 

(4) Exempt operation periods as described in Sec. 63.2853 

(a)(2)(v). 

(5) If any one of these four operating status periods 

span an entire calendar month, then the calendar 

month is treated as a nonoperating month and there is 

no compliance ratio determination. 

Notifications, Reports, and Records 

Sec. 63.2860 What notifications must I submit and when? 

You must submit the one-time notifications listed in paragraphs 

(a) through (d) of this section to the responsible agency: 

(a) Initial notification for existing sources. For an 

existing source, submit an initial notification to the 

agency responsible for these NESHAP no later than 120 days 

after the effective date of this subpart. In the 

notification, include the items in paragraphs (a)(1) 

through (5) of this section: 

(1) The name and address of the owner or operator. 

(2) The physical address of the vegetable oil production 

process. 

(3) Identification of the relevant standard, such as the 

vegetable oil production NESHAP, and compliance date. 
1-139 

(4) A brief description of the source including the types 

of listed oilseeds processed, nominal operating 

capacity, and type of desolventizer(s) used. 

(5) A statement designating the source as a major source 

of HAP or a demonstration that the source meets the 

definition of an area source. An area source is a 

source that is not a major source and is not 

collocated within a plant site with other sources 

that are individually or collectively a major source. 

(b) Initial notifications for new and reconstructed sources. 

New or reconstructed sources must submit a series of 

notifications before, during, and after source 

construction per the schedule listed in Sec. 63.9. The 

information requirements for the notifications are the 

same as those listed in the General Provisions with the 

exceptions listed in paragraphs (b)(1) and (2) of this 

section: 

(1) The application for approval of construction does not 

require the specific HAP emission data required in 

Sec. 63.5(d)(1)(ii)(H) and (iii), (d)(2) and 

(d)(3)(ii). The application for approval of 

construction would include, instead, a brief 

description of the source including the types of 

listed oilseeds processed, nominal operating 

capacity, and type of desolventizer(s) used. 

(2) The notification of actual startup date must also 

include whether you have elected to operate under an 

initial startup period subject to Sec. 63.2850(c)(2) 

and provide an estimate and justification for the 

anticipated duration of the initial startup period. 

(c) Significant modification notifications. Any existing or 

new source that plans to undergo a significant 

modification as defined in Sec. 63.2872 must submit two 

reports as described in paragraphs (c)(1) and (2) of this 

section: 

(1) Initial notification. You must submit an initial 

notification to the agency responsible for these 

NESHAP 30 days prior to initial startup of the 

significantly modified source. The initial 

notification must demonstrate that the proposed 

changes qualify as a significant modification. The 

initial notification must include the items in 

paragraphs (c)(1)(i) and (ii) of this section: 

(i) The expected startup date of the modified 

source. 
1-140 

(ii) A description of the significant modification 

including a list of the equipment that will be 

replaced or modified. If the significant 

modification involves changes other than 

adding or replacing extractors, desolventizertoasters (conventional and specialty), and 

meal dryer-coolers, then you must also include 

the fixed capital cost of the new components, 

expressed as a percentage of the fixed capital 

cost to build a comparable new vegetable oil 

production process; supporting documentation 

for the cost estimate; and documentation that 

the proposed changes will significantly affect 

solvent losses. 

(2) Notification of actual startup. You must submit a 

notification of actual startup date within 15 days 

after initial startup of the modified source. The 

notification must include the items in paragraphs 

(c)(2)(i) through (iv) of this section: 

(i) The initial startup date of the modified 

source. 

(ii) An indication whether you have elected to 

operate under an initial startup period 

subject to Sec. 63.2850(d)(2). 

(iii) The anticipated duration of any initial 

startup period. 

(iv) A justification for the anticipated duration 

of any initial startup period. 

(d) Notification of compliance status. As an existing, new, 

or reconstructed source, you must submit a notification of 

compliance status report to the responsible agency no 

later than 60 days after determining your initial 12 

operating months compliance ratio. If you are an existing 

source, you generally must submit this notification no 

later than 50 calendar months after the effective date of 

these NESHAP (36 calendar months for compliance, 12 

operating months to record data, and 2 calendar months to 

complete the report). If you are a new or reconstructed 

source, the notification of compliance status is generally 

due no later than 20 calendar months after initial startup 

(6 calendar months for the initial startup period, 12 

operating months to record data, and 2 calendar months to 

complete the report). The notification of compliance 

status must contain the items in paragraphs (d)(1) through 

(6) of this section: 

(1) The name and address of the owner or operator. 
1-141 

(2) The physical address of the vegetable oil production 

process. 

(3) Each listed oilseed type processed during the 

previous 12 operating months. 

(4) Each HAP identified under Sec. 63.2854(a) as being 

present in concentrations greater than 1 percent by 

volume in each delivery of solvent received during 

the 12 operating months period used for the initial 

compliance determination. 

(5) A statement designating the source as a major source 

of HAP or a demonstration that the source qualifies 

as an area source. An area source is a source that 

is not a major source and is not collocated within a 

plant site with other sources that are individually 

or collectively a major source. 

(6) A compliance certification indicating whether the 

source complied with all of the requirements of this 

subpart throughout the 12 operating months used for 

the initial source compliance determination. This 

certification must include a certification of the 

items in paragraphs (d)(6)(i) through (iii) of this 

section: 

(i) The plan for demonstrating compliance (as 

described in Sec. 63.2851) and SSM plan (as 

described in Sec. 63.2852) are complete and 

available on-site for inspection. 

(ii) You are following the procedures described in 

the plan for demonstrating compliance. 

(iii) The compliance ratio is less than or equal to 

1.00. 

Sec. 63.2861 What reports must I submit and when? 

After the initial notifications, you must submit the reports in 

paragraphs (a) through (d) of this section to the agency 

responsible for these NESHAP at the appropriate time intervals: 

(a) Annual compliance certifications. The first annual 

compliance certification is due 12 calendar months after 

you submit the notification of compliance status. Each 

subsequent annual compliance certification is due 12 

calendar months after the previous annual compliance 

certification. The annual compliance certification 

provides the compliance status for each operating month 

during the 12 calendar months period ending 60 days prior 

to the date on which the report is due. Include the 
1-142 

information in paragraphs (a)(1) through (6) of this 

section in the annual certification: 

(1) The name and address of the owner or operator. 

(2) The physical address of the vegetable oil production 

process. 

(3) Each listed oilseed type processed during the 12 

calendar months period covered by the report. 

(4) Each HAP identified under Sec. 63.2854(a) as being 

present in concentrations greater than 1 percent by 

volume in each delivery of solvent received during 

the 12 calendar months period covered by the report. 

(5) A statement designating the source as a major source 

of HAP or a demonstration that the source qualifies 

as an area source. An area source is a source that 

is not a major source and is not collocated within a 

plant site with other sources that are individually 

or collectively a major source. 

(6) A compliance certification to indicate whether the 

source was in compliance for each compliance 

determination made during the 12 calendar months 

period covered by the report. For each such 

compliance determination, you must include a 

certification of the items in paragraphs (a)(6)(i) 

through (ii) of this section: 

(i) You are following the procedures described in 

the plan for demonstrating compliance. 

(ii) The compliance ratio is less than or equal to 

1.00. 

(b) Deviation notification report. Submit a deviation report 

for each compliance determination you make in which the 

compliance ratio exceeds 1.00 as determined under Sec. 

63.2840(c). Submit the deviation report by the end of the 

month following the calendar month in which you determined 

the deviation. The deviation notification report must 

include the items in paragraphs (b)(1) through (4) of this 

section: 

(1) The name and address of the owner or operator. 

(2) The physical address of the vegetable oil production 

process. 

(3) Each listed oilseed type processed during the 12 

operating months period for which you determined the 

deviation. 
1-143 

(4) The compliance ratio comprising the deviation. You 

may reduce the frequency of submittal of the 

deviation notification report if the agency 

responsible for these NESHAP does not object as 

provided in Sec. 63.10(e)(3)(iii). 

(c) Periodic startup, shutdown, and malfunction report. If 

you choose to operate your source under an initial startup 

period subject to Sec. 63.2850(c)(2) or (d)(2) or a 

malfunction period subject to Sec. 63.2850(e)(2), you must 

submit a periodic SSM report by the end of the calendar 

month following each month in which the initial startup 

period or malfunction period occurred. The periodic SSM 

report must include the items in paragraphs (c)(1) through 

(3) of this section: 

(1) The name, title, and signature of a source’s 

responsible official who is certifying that the 

report accurately states that all actions taken 

during the initial startup or malfunction period were 

consistent with the SSM plan. 

(2) A description of events occurring during the time 

period, the date and duration of the events, and 

reason the time interval qualifies as an initial 

startup period or malfunction period. 

(3) An estimate of the solvent loss during the initial 

startup or malfunction period with supporting 

documentation. 

(d) Immediate SSM reports. If you handle a SSM during an 

initial startup period subject to Sec. 63.2850(c)(2) or 

(d)(2) or a malfunction period subject to Sec. 

63.2850(e)(2) differently from procedures in the SSM plan, 

then you must submit an immediate SSM report. Immediate 

SSM reports consist of a telephone call or facsimile 

transmission to the responsible agency within 2 working 

days after starting actions inconsistent with the SSM 

plan, followed by a letter within 7 working days after the 

end of the event. The letter must include the items in 

paragraphs (d)(1) through (3) of this section: 

(1) The name, title, and signature of a source’s 

responsible official who is certifying the accuracy 

of the report, an explanation of the event, and the 

reasons for not following the SSM plan. 

(2) A description and date of the SSM event, its 

duration, and reason it qualifies as a SSM. 

(3) An estimate of the solvent loss for the duration of 

the SSM event with supporting documentation. 
1-144 

Sec. 63.2862 What records must I keep? 

(a) You must satisfy the recordkeeping requirements of this 

section by the compliance date for your source specified 

in Table 1 of Sec. 63.2834. 

(b) Prepare a plan for demonstrating compliance (as described 

in Sec. 63.2851) and a SSM plan (as described in Sec. 

63.2852). In these two plans, describe the procedures you 

will follow in obtaining and recording data, and 

determining compliance under normal operations or a SSM 

subject to the Sec. 63.2850(c)(2) or (d)(2) initial 

startup period or the Sec. 63.2850(e)(2) malfunction 

period. Complete both plans before the compliance date 

for your source and keep them on-site and readily 

available as long as the source is operational. 

(c) If your source processes any listed oilseed, record the 

items in paragraphs (c)(1) through (5) of this section: 

(1) For the solvent inventory, record the information in 

paragraphs (c)(1)(i) through (vii) of this section in 

accordance with your plan for demonstrating 

compliance: 

(i) Dates that define each operating status period 

during a calendar month. 

(ii) The operating status of your source such as 

normal operation, nonoperating, initial 

startup period, malfunction period, or exempt 

operation for each recorded time interval. 

(iii) Record the gallons of extraction solvent in 

the inventory on the beginning and ending 

dates of each normal operating period. 

(iv) The gallons of all extraction solvent 

received, purchased, and recovered during each 

calendar month. 

(v) All extraction solvent inventory adjustments, 

additions or subtractions. You must document 

the reason for the adjustment and justify the 

quantity of the adjustment. 

(vi) The total solvent loss for each calendar 

month, regardless of the source operating 

status. 

(vii) The actual solvent loss in gallons for each 

operating month. 
1-145 

(2) For the weighted average volume fraction of HAP in 

the extraction solvent, you must record the items in 

paragraphs (c)(2)(i) through (iii) of this section: 

(i) The gallons of extraction solvent received in 

each delivery. 

(ii) The volume fraction of each HAP exceeding 1 

percent by volume in each delivery of 

extraction solvent. 

(iii) The weighted average volume fraction of HAP in 

extraction solvent received since the end of 

the last operating month as determined in 

accordance with Sec. 63.2854(b)(2). 

(3) For each type of listed oilseed processed, record the 

items in paragraphs (c)(3)(i) through (vi) of this 

section, in accordance with your plan for 

demonstrating compliance: 

(i) The dates that define each operating status 

period. These dates must be the same as the 

dates entered for the extraction solvent 

inventory. 

(ii) The operating status of your source such as 

normal operation, nonoperating, initial 

startup period, malfunction period, or exempt 

operation for each recorded time interval. On 

the log for each type of listed oilseed that 

is not being processed during a normal 

operating period, you must record which type 

of listed oilseed is being processed in 

addition to the source operating status. 

(iii) The oilseed inventory for the type of listed 

oilseed being processed on the beginning and 

ending dates of each normal operating period. 

(iv) The tons of each type of listed oilseed 

received at the affected source each normal 

operating period. 

(v) All listed oilseed inventory adjustments, 

additions or subtractions for normal operating 

periods. You must document the reason for the 

adjustment and justify the quantity of the 

adjustment. 

(vi) The tons of each type of listed oilseed 

processed during each operating month. 
1-146 

(d) After your source has processed listed oilseed for 12 

operating months, and you are not operating during an 

initial startup period as described in Sec. 63.2850(c)(2) 

or (d)(2), or a malfunction period as described in Sec. 

63.2850(e)(2), record the items in paragraphs (d)(1) 

through (5) of this section by the end of the calendar 

month following each operating month: 

(1) The 12 operating months rolling sum of the actual 

solvent loss in gallons as described in Sec. 

63.2853(c). 

(2) The weighted average volume fraction of HAP in 

extraction solvent received for the previous 12 

operating months as described in Sec. 63.2854(b)(3). 

(3) The 12 operating months rolling sum of each type of 

listed oilseed processed at the affected source in 

tons as described in Sec. 63.2855(c). 

(4) A determination of the compliance ratio. Using the 

values from Secs. 63.2853, 63.2854, 63.2855, and 

Table 1 of Sec. 63.2840, calculate the compliance 

ratio using Equation 2 of Sec. 63.2840. 

(5) A statement of whether the source is in compliance 

with all of the requirements of this subpart. This 

includes a determination of whether you have met all 

of the applicable requirements in Sec. 63.2850. 

(e) For each SSM event subject to an initial startup period as 

described in Sec. 63.2850(c)(2) or (d)(2), or a 

malfunction period as described in Sec. 63.2850(e)(2), 

record the items in paragraphs (e)(1) through (3) of this 

section by the end of the calendar month following each 

month in which the initial startup period or malfunction 

period occurred: 

(1) A description and date of the SSM event, its 

duration, and reason it qualifies as an initial 

startup or malfunction. 

(2) An estimate of the solvent loss in gallons for the 

duration of the initial startup or malfunction period 

with supporting documentation. 

(3) A checklist or other mechanism to indicate whether 

the SSM plan was followed during the initial startup 

or malfunction period. 

Sec. 63.2863 In what form and how long must I keep my records? 

(a) Your records must be in a form suitable and readily 

available for review in accordance with Sec. 63.10(b)(1). 
1-147 

(b) As specified in Sec. 63.10(b)(1), you must keep each 

record for 5 years following the date of each occurrence, 

measurement, maintenance, corrective action, report, or 

record. 

(c) You must keep each record on-site for at least 2 years 

after the date of each occurrence, measurement, 

maintenance, corrective action, report, or record, in 

accordance with Sec. 3.10(b)(1). You can keep the records 

off-site for the remaining 3 years. 

Other Requirements and Information 

Sec. 63.2870 What parts of the General Provisions apply to me? 

Table 1 of this section shows which parts of the General 

Provisions in Secs. 63.1 through 63.15 apply to you. Table 1 of 

Sec. 63.2870 follows: 

TABLE 1 OF § 63.2870 — APPLICABILITY OF 40 CFR P ART 63, SUBPART 

A, TO 40 CFR, PART 63, SUBPART GGGG 

General 

Provisions 

Citation 

Subject of 

Citation 

Brief 

Description of 

Requirement 

Applies 

to 

Subpart Explanation 

§63.1 Applicability Initial 

applicability 

determination; 

applicability 

after standard 

established; 

permit 

requirements; 

extensions; 

notifications.

Yes 

§63.2 Definitions Definitions 

for part 63 

standards 

Yes Except as 

specifically 

provided in this 

subpart. 

§63.3 Units and 

abbreviations 

Units and 

abbreviations 

for part 63 

standards. 

Yes 

§63.4 Prohibited 

activities and 

circumvention.

Prohibited 

activities; 

compliance 

date; 

circumvention; 

severability 

Yes 

§63.5 Construction/ 

reconstruction 

Applicability; 

applications; 

approvals. 

Yes Except for 

subsections of §63.5 

as listed below. 
1-148 

General 

Provisions 

Citation 

Subject of 

Citation 

Brief 

Description of 

Requirement 

Applies 

to 

Subpart Explanation 

§63.5(c) [Reserved] 

§63.5(d) 

(1)(ii)(H) 

Application 

for approval 

Type and 

quantity of 

HAP, operating 

parameters. 

No All sources emit 

HAP. Subpart GGGG 

does not require 

control from 

specific emission 

points 

§63.5(d) 

(1)(ii)(I) 

[Reserved] 

§63.5(d) 

(1)(iii), 

(d)(2), 

(d)(3)(ii) 

 Application 

for approval 

No The requirements of 

the application for 

approval for new, 

reconstructed and 

significantly 

modified sources are 

described in § 

63.2860(b) and (c) 

of subpart GGGG. 

General provision 

requirements for 

identification of 

HAP emission points 

or estimates of 

actual emissions are 

not required. 

Descriptions of 

control and methods, 

and the estimated 

and actual control 

efficiency of such 

do not apply. 

Requirements for 

describing control 

equipment and the 

estimated and actual 

control efficiency 

of such equipment 

apply only to 

control equipment to 

which the subpart 

GGGG requirements 

for quantifying. 

§63.6 Applicability 

of General 

Provisions 

Applicability Yes Except for 

subsections of §63.6 

as listed below. 
1-149 

General 

Provisions 

Citation 

Subject of 

Citation 

Brief 

Description of 

Requirement 

Applies 

to 

Subpart Explanation 

§63.6(b) 

(1)–(3) 

Compliance 

dates, new and 

reconstructed 

sources 

 No Section 63.2834 of 

subpart GGGG 

specifies the 

compliance dates for 

new and 

reconstructed 

sources 

§63.6(b) 

(6) 

[Reserved] 

§63.6(c) 

(3)–(4) 

[Reserved] 

§63.6(d) [Reserved] 

§63.6(e) Operation and 

maintenance 

requirements. 

 Yes Implement your SSM 

plan, as specified 

in 

§63.2851. 

§63.6(f)– 

(g) 

Compliance 

with 

nonopacity 

emission 

standards 

except during 

SSM. 

Comply with 

emission 

standards at 

all times 

except during 

SSM. 

No Subpart GGGG does 

not have nonopacity 

requirements. 

§ 63.6(h) Opacity/ 

Visible 

emission (VE) 

standards. 

 No Subpart GGGG has no 

opacity or VE 

standards. 

§63.6(i) Compliance 

extension 

Procedures and 

criteria for 

responsible 

agency to 

grant 

compliance 

extension. 

Yes 

§63.6(j) Presidential 

compliance 

exemption 

President may 

exempt source 

category from 

requirement to 

comply with 

subpart. 

Yes 
1-150 

General 

Provisions 

Citation 

Subject of 

Citation 

Brief 

Description of 

Requirement 

Applies 

to 

Subpart Explanation 

§63.7 Performance 

testing 

requirements 

Schedule, 

conditions, 

notifications 

and 

procedures. 

Yes Subpart GGGG 

requires performance 

testing only if the 

source applies 

additional control 

that destroys 

solvent. Section 

63.2850(a)(6) 

requires sources to 

follow the 

performance testing 

guidelines of the 

General Provisions 

if a control is 

added. 

§63.8 Monitoring 

requirements 

 No Subpart GGGG does 

not require 

monitoring other 

than as specified 

therein. 

§63.9 Notification 

requirements 

Applicability 

and state 

delegation 

Yes Except for 

subsections of § 

63.9 as listed 

below. 

§63.9(b) 

 (2) 

Notification 

requirements 

Initial 

notification 

requirements 

for existing 

sources. 

No Section 63.2860(a) 

of subpart GGGG 

specifies the 

requirements of the 

initial notification 

for existing 

sources. 

§63.9(b) 

(3)–(5) 

Notification 

requirements 

Notification 

requirement 

for certain 

new/ 

reconstructed 

sources. 

Yes Except the 

information 

requirements differ 

as described in 

§63.2860(b) of 

subpart GGGG. 

§63.9(e) Notification 

of performance 

test 

Notify 

responsible 

agency 60 days 

ahead. 

Yes Applies only if 

performance testing 

is performed. 

§63.9(f) Notification 

of VE/opacity 

observations. 

Notify 

responsible 

agency 30 days 

ahead. 

No Subpart GGGG has no 

opacity or VE 

standards. 
1-151 

General 

Provisions 

Citation 

Subject of 

Citation 

Brief 

Description of 

Requirement 

Applies 

to 

Subpart Explanation 

§63.9(g) Additional 

notifications 

when using a 

continuous 

monitoring 

system (CMS). 

Notification 

of performance 

evaluation; 

Notification 

using COMS 

data; 

notification 

that exceeded 

criterion for 

relative 

accuracy. 

No Subpart GGGG has no 

CMS requirements. 

§63.9(h) Notification 

of compliance 

status 

Contents No Section 63.2860(d) 

of subpart GGGG 

specifies 

requirements for the 

notification of 

compliance status. 

§63.10 Recordkeeping/ 

reporting 

Schedule for 

reporting, 

record storage

Yes Except for 

subsections of § 

63.10 as listed 

below. 

§63.10(b) 

(2)(i) 

Recordkeeping Record SSM 

event 

Yes Applicable to 

periods when sources 

must implement their 

SSM plan as 

specified in subpart 

GGGG. 

§63.10(b) 

(2)(ii)–

(iii) 

Recordkeeping Malfunction of 

air pollution 

equipment 

No Applies only if air 

pollution control 

equipment has been 

added to the process 

and is necessary for 

the source to meet 

the emission limit. 

§63.10(b) 

(2)(vi) 

Recordkeeping CMS 

recordkeeping 

No Subpart GGGG has no 

CMS requirements. 

§63.10(b) 

(2)(viii)–

(ix) 

Recordkeeping Conditions of 

performance 

test 

Yes Applies only if 

performance tests 

are performed 

Subpart GGGG does 

not have any CMS 

opacity or VE 

observation 

requirements. 
1-152 

General 

Provisions 

Citation 

Subject of 

Citation 

Brief 

Description of 

Requirement 

Applies 

to 

Subpart Explanation 

§63.10(b) 

(2)(x)–

(xii) 

Recordkeeping CMS, 

performance 

testing, and 

opacity and VE 

observations 

recordkeeping. 

No Subpart GGGG does 

not require CMS. 

§63.10(c) Recordkeeping Additional CMS 

recordkeeping 

No Subpart GGGG does 

not require CMS. 

§63.10(d) 

(2) 

Reporting Reporting 

performance 

test results 

Yes Applies only if 

performance testing 

is performed. 

§63.10(d) 

(3) 

Reporting Reporting 

opacity or VE 

observations 

No Subpart GGGG has no 

opacity or VE 

standards. 

§63.10(d) 

(4) 

Reporting Progress 

reports 

Yes Applies only if a 

condition of 

compliance extension 

exists. 

Sec. 63.2871 Who implements and enforces this subpart? 

(a) This subpart can be implemented by us, the U.S. EPA, or a 

delegated authority such as your State, local, or tribal 

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

authority to your State, local, or tribal agency, then 

that agency, as well as the U.S. EPA, has the authority to 

implement and enforce this subpart. You should contact 

your U.S. EPA Regional Office to find out if this subpart 

is delegated to your State, local, or tribal agency. 

(b) In delegating implementation and enforcement authority of 

this subpart to a State, local, or tribal agency under 

section 40 CFR part 63, subpart E, the authorities 

contained in paragraph (c) of this section are retained by 

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

to the State, local, or tribal agency. 

(c) The authorities that will not be delegated to State, 

local, or tribal agencies are as follows: 

(1) Approval of alternative nonopacity emissions 

standards under Sec. 63.6(g). 

(2) Approval of alternative opacity standards under Sec. 

63.6(h)(9). 

(3) Approval of major alternatives to test methods under 

Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 

63.90. 
1-153 

(4) Approval of major alternatives to monitoring under 

Sec. 63.8(f) and as defined in Sec. 63.90. 

(5) Approval of major alternatives to recordkeeping and 

reporting under Sec. 63.10(f) and as defined in Sec. 

63.90. 

Sec. 63.2872 What definitions apply to this subpart? 

Terms used in this subpart are defined in the sources listed: 

(a) The Clean Air Act, section 112(a). 

(b) In 40 CFR 63.2, the NESHAP General Provisions. 

(c) In this section as follows: 

Accounting month means a time interval defined by a 

business firm during which corporate economic and 

financial factors are determined on a consistent and 

regular basis. An accounting month will consist of 

approximately 4 to 5 calendar weeks and each accounting 

month will be of approximate equal duration. An 

accounting month may not correspond exactly to a calendar 

month, but 12 accounting months will correspond exactly to 

a calendar year. 

Actual solvent loss means the gallons of solvent lost from 

a source during 12 operating months as determined in 

accordance with Sec. 63.2853. 

Agricultural product means any commercially grown plant or 

plant product. 

Allowable HAP loss means the gallons of HAP that would 

have been lost from a source if the source was operating 

at the solvent loss factor for each listed oilseed type. 

The allowable HAP loss in gallons is determined by 

multiplying the tons of each oilseed type processed during 

the previous 12 operating months, as determined in 

accordance with Sec. 63.2855, by the corresponding oilseed 

solvent loss factor (gal/ton) listed in Table 1 of Sec. 

63.2840, and by the dimensionless constant 0.64, and 

summing the result for all oilseed types processed. 

Area source means any source that does not meet the major 

source definition. 

As received is the basis upon which all oilseed 

measurements must be determined and refers to the oilseed 

chemical and physical characteristics as initially 

received by the source and prior to any oilseed handling 

and processing. 
1-154 

Batch operation means any process that operates in a 

manner where the addition of raw material and withdrawal 

of product do not occur simultaneously. Typically, raw 

material is added to a process, operational steps occur, 

and a product is removed from the process. More raw 

material is then added to the process and the cycle 

repeats. 

Calendar month means 1 month as specified in a calendar. 

Compliance date means the date on which monthly compliance 

recordkeeping begins. For existing sources, recordkeeping 

typically begins 3 years after the effective date of the 

subpart. For new and reconstructed sources, recordkeeping 

typically begins upon initial startup, except as noted in 

Sec. 63.2834. 

Compliance ratio means a ratio of the actual HAP loss in 

gallons from the previous 12 operating months to an 

allowable HAP loss in gallons, which is determined by 

using oilseed solvent loss factors in Table 1 of Sec. 

63.2840, the weighted average volume fraction of HAP in 

solvent received for the previous 12 operating months, and 

the tons of each type of listed oilseed processed in the 

previous 12 operating months. Months during which no 

listed oilseed is processed, or months during which the 

Sec. 63.2850(c)(2) or (d)(2) initial startup period or the 

Sec. 63.2850(e)(2) malfunction period applies, are 

excluded from this calculation. Equation 2 of Sec. 

63.2840 is used to calculate this value. If the value is 

less than or equal to 1.00, the source is in compliance. 

If the value is greater than 1.00, the source is deviating 

from compliance. 

Continuous operation means any process that adds raw 

material and withdraws product simultaneously. Mass, 

temperature, concentration and other properties typically 

approach steady-state conditions. 

Conventional desolventizer means a desolventizer toaster 

that operates with indirect and direct-contact steam to 

remove solvent from the extracted meal. Oilseeds 

processed in a conventional desolventizer produce crude 

vegetable oil and crude meal products, such as animal 

feed. 

Corn germ dry milling means a source that processes corn 

germ that has been separated from the other corn 

components using a “dry” process of mechanical chafing and 

air sifting. 

Corn germ wet milling means a source that processes corn 

germ that has been separated from other corn components 
1-155 

using a “wet” process of centrifuging a slurry steeped in 

a dilute sulfurous acid solution. 

Exempt period means a period of time during which a source 

processes agricultural products not defined as listed 

oilseed. 

Extraction solvent means an organic chemical medium used 

to remove oil from an oilseed. Typically, the extraction 

solvent is a commercial grade of hexane isomers which have 

an approximate HAP content of 64 percent by volume. 

Hazardous air pollutant (HAP) means any substance or 

mixture of substances listed as a hazardous air pollutant 

under section 112(b) of the Clean Air Act, as of April 12, 

2001. 

Initial startup date means the first calendar day that a 

new, reconstructed or significantly modified source 

processes any listed oilseed. 

Initial startup period means a period of time from the 

initial startup date of a new, reconstructed or 

significantly modified source, for which you choose to 

operate the source under an initial startup period subject 

to Sec. 63.2850(c)(2) or (d)(2). During an initial 

startup period, a source is in compliance with the 

standards by following the operating and maintenance 

procedures listed for minimizing HAP emissions in the 

source’s SSM plan rather than being subject to a HAP 

emission limit. The initial startup period following 

initial startup of a new or reconstructed source may not 

exceed 6 calendar months. The initial startup period 

following a significant modification may not exceed 3 

calendar months. Solvent and oilseed inventory 

information recorded during the initial startup period is 

excluded from use in any compliance ratio determinations. 

Large cottonseed plant means a vegetable oil production 

process that processes 120,000 tons or more of cottonseed 

and other listed oilseed during all normal operating 

periods in a 12 operating months period used to determine 

compliance. 

Malfunction period means a period of time between the 

beginning and end of a process malfunction and the time 

reasonably necessary for a source to correct the 

malfunction for which you choose to operate the source 

under a malfunction period subject to Sec. 63.2850(e)(2). 

This period may include the duration of an unscheduled 

process shutdown, continued operation during a 

malfunction, or the subsequent process startup after a 

shutdown resulting from a malfunction. During a 

malfunction period, a source complies with the standards 
1-156 

by following the operating and maintenance procedures 

described for minimizing HAP emissions in the source’s SSM 

plan rather than being subject to a HAP emission limit. 

Therefore, solvent and oilseed inventory information 

recorded during a malfunction period is excluded from use 

in any compliance ratio determinations. 

Mechanical extraction means removing vegetable oil from 

oilseeds using only mechanical devices such as presses or 

screws that physically force the oil from the oilseed. 

Mechanical extraction techniques use no organic solvents 

to remove oil from an oilseed. 

Nonoperating period means any period of time in which a 

source processes no agricultural product. This operating 

status does not apply during any period in which the 

source operates under an initial startup period as 

described in Sec. 63.2850(c)(2) or (d)(2), or a 

malfunction period, as described in Sec. 63.2850(e)(2). 

Normal operating period means any period of time in which 

a source processes a listed oilseed that is not 

categorized as an initial startup period as described in 

Sec. 63.2850(c)(2) or (d)(2), or a malfunction period, as 

described in Sec. 63.2850(e)(2). At the beginning and 

ending dates of a normal operating period, solvent and 

oilseed inventory information is recorded and included in 

the compliance ratio determination. 

Oilseed or listed oilseed means the following agricultural 

products: corn germ, cottonseed, flax, peanut, rapeseed 

(for example, canola), safflower, soybean, and sunflower. 

Oilseed solvent loss factor means a ratio expressed as 

gallons of solvent loss per ton of oilseed processed. The 

solvent loss factors are presented in Table 1 of Sec. 

63.2840 and are used to determine the allowable HAP loss. 

Operating month means any calendar or accounting month in 

which a source processes any quantity of listed oilseed, 

excluding any entire calendar or accounting month in which 

the source operated under an initial startup period as 

described in Sec. 63.2850(c)(2) or (d)(2), or a 

malfunction period as described in Sec. 63.2850(e)(2). An 

operating month may include time intervals characterized 

by several types of operating status. However, an 

operating month must have at least one normal operating 

period. 

Significant modification means the addition of new 

equipment or the modification of existing equipment that: 

(1) Significantly affects solvent losses from your 

vegetable oil production process; 
1-157 

(2) The fixed capital cost of the new components 

represents a significant percentage of the fixed 

capital cost of building a comparable new vegetable 

oil production process; 

(3) The fixed capital cost of the new equipment does not 

constitute reconstruction as defined in Sec. 63.2; 

and 

(4) Examples of significant modifications include 

replacement of or major changes to solvent recovery 

equipment such as extractors, desolventizertoasters/dryer-coolers, flash desolventizers, and 

distillation equipment associated with the mineral 

oil system, and equipment affecting desolventizing 

efficiency and steady-state operation of your 

vegetable oil production process such as flaking 

mills, oilseed heating and conditioning equipment, 

and cracking mills. 

Small cottonseed plant means a vegetable oil 

production process that processes less than 120,000 

tons of cottonseed and other listed oilseed during 

all normal operating periods in a 12 operating months 

period used to determine compliance. 

Solvent extraction means removing vegetable oil from 

listed oilseed using an organic solvent in a directcontact system. 

Solvent working capacity means the volume of 

extraction solvent normally retained in solvent 

recovery equipment. Examples include components such 

as the solvent extractor, desolventizer-toaster, 

solvent storage and working tanks, mineral oil 

absorption system, condensers, and oil/solvent 

distillation system. 

Specialty desolventizer means a desolventizer that 

removes excess solvent from soybean meal using vacuum 

conditions, energy from superheated solvent vapors, 

or reduced operating conditions (e.g., temperature) 

as compared to the typical operation of a 

conventional desolventizer. Soybeans processed in a 

specialty desolventizer result in high-protein 

vegetable meal products for human and animal 

consumption, such as calf milk replacement products 

and meat extender products. 

Vegetable oil production process means the equipment 

comprising a continuous process for producing crude 

vegetable oil and meal products, including specialty 

soybean products, in which oil is removed from listed 
1-158 

oilseeds through direct contact with an organic 

solvent. Process equipment typically includes the 

following components: oilseed preparation operations 

(including conditioning, drying, dehulling, and 

cracking), solvent extractors, desolventizertoasters, meal dryers, meal coolers, meal conveyor 

systems, oil distillation units, solvent evaporators 

and condensers, solvent recovery system (also 

referred to as a mineral oil absorption system), 

vessels storing solvent-laden materials, and crude 

meal packaging and storage vessels. A vegetable oil 

production process does not include vegetable oil 

refining operations (including operations such as 

bleaching, hydrogenation, and deodorizing) and 

operations that engage in additional chemical 

treatment of crude soybean meals produced in 

specialty desolventizer units (including operations 

such as soybean isolate production). 
2-1 

10.2 Attachment 2 - Applicable New Source Performance Standards (NSPS) 

TITLE 40--PROTECTION OF ENVIRONMENT 

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY 

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES-- 

Subpart A--General Provisions 

Sec. 60.1 Applicability. 

(a) Except as provided in subparts B and C, the provisions of 

this part apply to the owner or operator of any stationary 

source which contains an affected facility, the 

construction or modification of which is commenced after 

the date of publication in this part of any standard (or, 

if earlier, the date of publication of any proposed 

standard) applicable to that facility. 

(b) Any new or revised standard of performance promulgated 

pursuant to section 111(b) of the Act shall apply to the 

owner or operator of any stationary source which contains 

an affected facility, the construction or modification of 

which is commenced after the date of publication in this 

part of such new or revised standard (or, if earlier, the 

date of publication of any proposed standard) applicable 

to that facility. 

(c) In addition to complying with the provisions of this part, 

the owner or operator of an affected facility may be 

required to obtain an operating permit issued to 

stationary sources by an authorized State air pollution 

control agency or by the Administrator of the U.S. 

Environmental Protection Agency (EPA) pursuant to Title V 

of the Clean Air Act (Act) as amended November 15, 1990 

(42 U.S.C. 7661). For more information about obtaining an 

operating permit see part 70 of this chapter. 

(d) Site-specific standard for Merck & Co., Inc.’s Stonewall 

Plant in Elkton, Virginia. 

(1) This paragraph applies only to the pharmaceutical 

manufacturing facility, commonly referred to as the 

Stonewall Plant, located at Route 340 South, in 

Elkton, Virginia (“site”). 

(2) Except for compliance with 40 CFR 60.49b(u), the site 

shall have the option of either complying directly 

with the requirements of this part, or reducing the 

site-wide emissions caps in accordance with the 

procedures set forth in a permit issued pursuant to 

40 CFR 52.2454. If the site chooses the option of 

reducing the site-wide emissions caps in accordance 

with the procedures set forth in such permit, the 
2-2 

requirements of such permit shall apply in lieu of 

the otherwise applicable requirements of this part. 

(3) Notwithstanding the provisions of paragraph (d)(2) of 

this section, for any provisions of this part except 

for Subpart Kb, the owner/operator of the site shall 

comply with the applicable provisions of this part if 

the Administrator determines that compliance with the 

provisions of this part is necessary for achieving 

the objectives of the regulation and the 

Administrator notifies the site in accordance with 

the provisions of the permit issued pursuant to 40 

CFR 52.2454. 

[40 FR 53346, Nov. 17, 1975, as amended at 55 FR 51382, Dec. 13, 1990; 

59 FR 12427, Mar. 16, 1994; 62 FR 52641, Oct. 8, 1997] 

Sec. 60.2 Definitions. 

The terms used in this part are defined in the Act or in this 

section as follows: 

Act means the Clean Air Act (42 U.S.C. 7401 et seq.) 

Administrator means the Administrator of the Environmental 

Protection Agency or his authorized representative. 

Affected facility means, with reference to a stationary source, 

any apparatus to which a standard is applicable. 

Alternative method means any method of sampling and analyzing for 

an air pollutant which is not a reference or equivalent method 

but which has been demonstrated to the Administrator’s 

satisfaction to, in specific cases, produce results adequate for 

his determination of compliance. 

Approved permit program means a State permit program approved by 

the Administrator as meeting the requirements of part 70 of this 

chapter or a Federal permit program established in this chapter 

pursuant to Title V of the Act (42 U.S.C. 7661). 

Capital expenditure means an expenditure for a physical or 

operational change to an existing facility which exceeds the 

product of the applicable “annual asset guideline repair 

allowance percentage” specified in the latest edition of Internal 

Revenue Service (IRS) Publication 534 and the existing facility’s 

basis, as defined by section 1012 of the Internal Revenue Code. 

However, the total expenditure for a physical or operational 

change to an existing facility must not be reduced by any 

“excluded additions” as defined in IRS Publication 534, as would 

be done for tax purposes. 

Clean coal technology demonstration project means a project using 

funds appropriated under the heading “Department of Energy-Clean 
2-3 

Coal Technology”, up to a total amount of $2,500,000,000 for 

commercial demonstrations of clean coal technology, or similar 

projects funded through appropriations for the Environmental 

Protection Agency. 

Commenced means, with respect to the definition of new source in 

section 111(a)(2) of the Act, that an owner or operator has 

undertaken a continuous program of construction or modification 

or that an owner or operator has entered into a contractual 

obligation to undertake and complete, within a reasonable time, a 

continuous program of construction or modification. 

Construction means fabrication, erection, or installation of an 

affected facility. 

Continuous monitoring system means the total equipment, required 

under the emission monitoring sections in applicable subparts, 

used to sample and condition (if applicable), to analyze, and to 

provide a permanent record of emissions or process parameters. 

Electric utility steam generating unit means any steam electric 

generating unit that is constructed for the purpose of supplying 

more than one-third of its potential electric output capacity and 

more than 25 MW electrical output to any utility power 

distribution system for sale. Any steam supplied to a steam 

distribution system for the purpose of providing steam to a 

steam-electric generator that would produce electrical energy for 

sale is also considered in determining the electrical energy 

output capacity of the affected facility. 

Equivalent method means any method of sampling and analyzing for 

an air pollutant which has been demonstrated to the 

Administrator’s satisfaction to have a consistent and 

quantitatively known relationship to the reference method, under 

specified conditions. 

Excess Emissions and Monitoring Systems Performance Report is a 

report that must be submitted periodically by a source in order 

to provide data on its compliance with stated emission limits and 

operating parameters, and on the performance of its monitoring 

systems. 

Existing facility means, with reference to a stationary source, 

any apparatus of the type for which a standard is promulgated in 

this part, and the construction or modification of which was 

commenced before the date of proposal of that standard; or any 

apparatus which could be altered in such a way as to be of that 

type. 

Isokinetic sampling means sampling in which the linear velocity 

of the gas entering the sampling nozzle is equal to that of the 

undisturbed gas stream at the sample point. 
2-4 

Issuance of a part 70 permit will occur, if the State is the 

permitting authority, in accordance with the requirements of part 

70 of this chapter and the applicable, approved State permit 

program. When the EPA is the permitting authority, issuance of a 

Title V permit occurs immediately after the EPA takes final 

action on the final permit. 

Malfunction means any sudden, infrequent, and not reasonably 

preventable failure of air pollution control equipment, process 

equipment, or a process to operate in a normal or usual manner. 

Failures that are caused in part by poor maintenance or careless 

operation are not malfunctions. 

Modification means any physical change in, or change in the 

method of operation of, an existing facility which increases the 

amount of any air pollutant (to which a standard applies) emitted 

into the atmosphere by that facility or which results in the 

emission of any air pollutant (to which a standard applies) into 

the atmosphere not previously emitted. 

Monitoring device means the total equipment, required under the 

monitoring of operations sections in applicable subparts, used to 

measure and record (if applicable) process parameters. 

Nitrogen oxides means all oxides of nitrogen except nitrous 

oxide, as measured by test methods set forth in this part. 

One-hour period means any 60-minute period commencing on the 

hour. 

Opacity means the degree to which emissions reduce the 

transmission of light and obscure the view of an object in the 

background. 

Owner or operator means any person who owns, leases, operates, 

controls, or supervises an affected facility or a stationary 

source of which an affected facility is a part. 

Part 70 permit means any permit issued, renewed, or revised 

pursuant to part 70 of this chapter. 

Particulate matter means any finely divided solid or liquid 

material, other than uncombined water, as measured by the 

reference methods specified under each applicable subpart, or an 

equivalent or alternative method. 

Permit program means a comprehensive State operating permit 

system established pursuant to title V of the Act (42 U.S.C. 

7661) and regulations codified in part 70 of this chapter and 

applicable State regulations, or a comprehensive Federal 

operating permit system established pursuant to title V of the 

Act and regulations codified in this chapter. 
2-5 

Permitting authority means: 

(1) The State air pollution control agency, local agency, 

other State agency, or other agency authorized by the 

Administrator to carry out a permit program under part 70 

of this chapter; or 

(2) The Administrator, in the case of EPA-implemented permit 

programs under title V of the Act (42 U.S.C. 7661). 

Proportional sampling means sampling at a rate that produces a 

constant ratio of sampling rate to stack gas flow rate. 

Reactivation of a very clean coal-fired electric utility steam 

generating unit means any physical change or change in the method 

of operation associated with the commencement of commercial 

operations by a coal-fired utility unit after a period of 

discontinued operation where the unit: 

(1) Has not been in operation for the two-year period prior to 

the enactment of the Clean Air Act Amendments of 1990, and 

the emissions from such unit continue to be carried in the 

permitting authority’s emissions inventory at the time of 

enactment; 

(2) Was equipped prior to shut-down with a continuous system 

of emissions control that achieves a removal efficiency 

for sulfur dioxide of no less than 85 percent and a 

removal efficiency for particulates of no less than 98 

percent; 

(3) Is equipped with low-NOx burners prior to the time of 

commencement of operations following reactivation; and 

(4) Is otherwise in compliance with the requirements of the 

Clean Air Act. 

Reference method means any method of sampling and analyzing for 

an air pollutant as specified in the applicable subpart. 

Repowering means replacement of an existing coal-fired boiler 

with one of the following clean coal technologies: atmospheric or 

pressurized fluidized bed combustion, integrated gasification 

combined cycle, magneto hydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as 

determined by the Administrator, in consultation with the 

Secretary of Energy, a derivative of one or more of these 

technologies, and any other technology capable of controlling 

multiple combustion emissions simultaneously with improved boiler 

or generation efficiency and with significantly greater waste 

reduction relative to the performance of technology in widespread 

commercial use as of November 15, 1990. Repowering shall also 

include any oil and/or gas-fired unit which has been awarded 
2-6 

clean coal technology demonstration funding as of 

January 1, 1991, by the Department of Energy. 

Run means the net period of time during which an emission sample 

is collected. Unless otherwise specified, a run may be either 

intermittent or continuous within the limits of good engineering 

practice. 

Shutdown means the cessation of operation of an affected facility 

for any purpose. 

Six-minute period means any one of the 10 equal parts of a onehour period. 

Standard means a standard of performance proposed or promulgated 

under this part. 

Standard conditions means a temperature of 293 K (68F) and a 

pressure of 101.3 kilopascals (29.92 in Hg). 

Startup means the setting in operation of an affected facility 

for any purpose. 

State means all non-Federal authorities, including local 

agencies, interstate associations, and State-wide programs, that 

have delegated authority to implement: 

(1) The provisions of this part; and/or 

(2) the permit program established under part 70 of this 

chapter. The term State shall have its conventional 

meaning where clear from the context. 

Stationary source means any building, structure, facility, or 

installation which emits or may emit any air pollutant. 

Title V permit means any permit issued, renewed, or revised 

pursuant to Federal or State regulations established to implement 

title V of the Act (42 U.S.C. 7661). A title V permit issued by 

a State permitting authority is called a part 70 permit in this 

part. 

Volatile Organic Compound means any organic compound which 

participates in atmospheric photochemical reactions; or which is 

measured by a reference method, an equivalent method, an 

alternative method, or which is determined by procedures 

specified under any subpart. 

[44 FR 55173, Sept. 25, 1979, as amended at 45 FR 5617, Jan. 23, 1980; 

45 FR 85415, Dec. 24, 1980; 54 FR 6662, Feb. 14, 1989; 55 FR 51382, 

Dec. 13, 1990; 57 FR 32338, July 21, 1992; 59 FR 12427, Mar. 16, 1994] 
2-7 

Sec. 60.3 Units and abbreviations. 

Used in this part are abbreviations and symbols of units of 

measure. These are defined as follows: 

(a) System International (SI) units of measure: 

A--ampere 

g--gram 

Hz--hertz 

J--joule 

K--degree Kelvin 

kg--kilogram 

m--meter 

m3

--cubic meter 

mg--milligram--10-3 gram 

mm--millimeter--10-3 meter 

Mg--megagram--106

 gram 

mol--mole 

N--newton 

ng--nanogram--10-9 gram 

nm--nanometer--10-9 meter 

Pa--pascal 

s--second 

V--volt 

W--watt 

Ω--ohm 

μg--microgram--10-6 gram 

(b) Other units of measure: 

Btu--British thermal unit 

°C--degree Celsius (centigrade) 

cal--calorie 

cfm--cubic feet per minute 

cu ft--cubic feet 

dcf--dry cubic feet 

dcm--dry cubic meter 

dscf--dry cubic feet at standard conditions 

dscm--dry cubic meter at standard conditions 

eq--equivalent 

°F--degree Fahrenheit 

ft--feet 

gal--gallon 

gr--grain 

g-eq--gram equivalent 

hr--hour 

in--inch 

k--1,000 

l--liter 

lpm--liter per minute 

lb--pound 

meq--milliequivalent 

min--minute 
2-8 

ml--milliliter 

mol. wt.--molecular weight 

ppb--parts per billion 

ppm--parts per million 

psia--pounds per square inch absolute 

psig--pounds per square inch gage 

°R--degree Rankin 

scf--cubic feet at standard conditions 

scfh--cubic feet per hour at standard conditions 

scm--cubic meter at standard conditions 

sec--second 

sq ft--square feet 

std--at standard conditions 

(c) Chemical nomenclature: 

CdS--cadmium sulfide 

CO--carbon monoxide 

CO2--carbon dioxide 

HCl--hydrochloric acid 

Hg--mercury 

H2O--water 

H2S--hydrogen sulfide 

H2SO4--sulfuric acid 

N2--nitrogen 

NO--nitric oxide 

NO2--nitrogen dioxide 

NOx--nitrogen oxides 

O2--oxygen 

SO2--sulfur dioxide 

SO3--sulfur trioxide 

SOx--sulfur oxides 

(d) Miscellaneous: 

A.S.T.M.--American Society for Testing and Materials 

[42 FR 37000, July 19, 1977; 42 FR 38178, July 27, 1977] 

Sec. 60.4 Address. 

Refer to the regulations. 

Sec. 60.5 Determination of construction or modification. 

(a) When requested to do so by an owner or operator, the 

Administrator will make a determination of whether action 

taken or intended to be taken by such owner or operator 

constitutes construction (including reconstruction) or 

modification or the commencement thereof within the 

meaning of this part. 
2-9 

(b) The Administrator will respond to any request for a 

determination under paragraph (a) of this section within 

30 days of receipt of such request. 

[40 FR 58418, Dec. 16, 1975] 

Sec. 60.6 Review of plans. 

(a) When requested to do so by an owner or operator, the 

Administrator will review plans for construction or 

modification for the purpose of providing technical advice 

to the owner or operator. 

(b) (1) A separate request shall be submitted for each 

construction or modification project. 

(2) Each request shall identify the location of such 

project, and be accompanied by technical information 

describing the proposed nature, size, design, and 

method of operation of each affected facility 

involved in such project, including information on 

any equipment to be used for measurement or control 

of emissions. 

(c) Neither a request for plans review nor advice furnished by 

the Administrator in response to such request shall (1) 

relieve an owner or operator of legal responsibility for 

compliance with any provision of this part or of any 

applicable State or local requirement, or (2) prevent the 

Administrator from implementing or enforcing any provision 

of this part or taking any other action authorized by the 

Act. 

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974] 

Sec. 60.7 Notification and record keeping. 

(a) Any owner or operator subject to the provisions of this 

part shall furnish the Administrator written notification 

or, if acceptable to both the Administrator and the owner 

or operator of a source, electronic notification, as 

follows: 

(1) A notification of the date construction (or 

reconstruction as defined under Sec. 60.15) of an 

affected facility is commenced postmarked no later 

than 30 days after such date. This requirement shall 

not apply in the case of mass-produced facilities 

which are purchased in completed form. 

(2) [Reserved] 
2-10 

(3) A notification of the actual date of initial startup 

of an affected facility postmarked within 15 days 

after such date. 

(4) A notification of any physical or operational change 

to an existing facility which may increase the 

emission rate of any air pollutant to which a 

standard applies, unless that change is specifically 

exempted under an applicable subpart or in Sec. 

60.14(e). This notice shall be postmarked 60 days or 

as soon as practicable before the change is commenced 

and shall include information describing the precise 

nature of the change, present and proposed emission 

control systems, productive capacity of the facility 

before and after the change, and the expected 

completion date of the change. The Administrator may 

request additional relevant information subsequent to 

this notice. 

(5) A notification of the date upon which demonstration 

of the continuous monitoring system performance 

commences in accordance with Sec. 60.13(c). 

Notification shall be postmarked not less than 30 

days prior to such date. 

(6) A notification of the anticipated date for conducting 

the opacity observations required by Sec. 60.11(e)(1) 

of this part. The notification shall also include, 

if appropriate, a request for the Administrator to 

provide a visible emissions reader during a 

performance test. The notification shall be 

postmarked not less than 30 days prior to such date. 

(7) A notification that continuous opacity monitoring 

system data results will be used to determine 

compliance with the applicable opacity standard 

during a performance test required by Sec. 60.8 in 

lieu of Method 9 observation data as allowed by Sec. 

60.11(e)(5) of this part. This notification shall be 

postmarked not less than 30 days prior to the date of 

the performance test. 

(b) Any owner or operator subject to the provisions of this 

part shall maintain records of the occurrence and duration 

of any startup, shutdown, or malfunction in the operation 

of an affected facility; any malfunction of the air 

pollution control equipment; or any periods during which a 

continuous monitoring system or monitoring device is 

inoperative. 

(c) Each owner or operator required to install a continuous 

monitoring device shall submit excess emissions and 

monitoring systems performance report (excess emissions 

are defined in applicable subparts) and-or summary report 
2-11 

form (see paragraph (d) of this section) to the 

Administrator semiannually, except when: more frequent 

reporting is specifically required by an applicable 

subpart; or the Administrator, on a case-by-case basis, 

determines that more frequent reporting is necessary to 

accurately assess the compliance status of the source. 

All reports shall be postmarked by the 30th day following 

the end of each six-month period. Written reports of 

excess emissions shall include the following information: 

(1) The magnitude of excess emissions computed in 

accordance with Sec. 60.13(h), any conversion 

factor(s) used, and the date and time of commencement 

and completion of each time period of excess 

emissions. The process operating time during the 

reporting period. 

(2) Specific identification of each period of excess 

emissions that occurs during startups, shutdowns, and 

malfunctions of the affected facility. The nature 

and cause of any malfunction (if known), the 

corrective action taken or preventative measures 

adopted. 

(3) The date and time identifying each period during 

which the continuous monitoring system was 

inoperative except for zero and span checks and the 

nature of the system repairs or adjustments. 

(4) When no excess emissions have occurred or the 

continuous monitoring system(s) have not been 

inoperative, repaired, or adjusted, such information 

shall be stated in the report. 

(d) The summary report form shall contain the information and 

be in the format shown in figure 1 unless otherwise 

specified by the Administrator. One summary report form 

shall be submitted for each pollutant monitored at each 

affected facility. 

(1) If the total duration of excess emissions for the 

reporting period is less than 1 percent of the total 

operating time for the reporting period and CMS 

downtime for the reporting period is less than 5 

percent of the total operating time for the reporting 

period, only the summary report form shall be 

submitted and the excess emission report described in 

Sec. 60.7(c) need not be submitted unless requested 

by the Administrator. 

(2) If the total duration of excess emissions for the 

reporting period is 1 percent or greater of the total 

operating time for the reporting period or the total 

CMS downtime for the reporting period is 5 percent or 
2-12 

greater of the total operating time for the reporting 

period, the summary report form and the excess 

emission report described in Sec. 60.7(c) shall both 

be submitted. 

Figure 1--Summary Report--Gaseous and Opacity Excess Emission and 

Monitoring System Performance 

Pollutant (Circle One -- SO2/NOX/TRS/H2S/CO/Opacity) 

Reporting period dates: From __________ to __________ 

Company: 

Emission Limitation______________________________________________ 

Address: 

Monitor Manufacturer and Model No._______________________________ 

Date of Latest CMS Certification or Audit________________________ 

Process Unit(s) Description: 

Total source operating time in reporting period 1

______________ 

CMS performance 

Emission data summary1

summary1

1. Duration of excess 1. CMS downtime in emissions in 

reporting period due period due to: 

a. Startup/shutdown 

b. Monitor equipment malfunctions. 

c. Control equipment 

d. Non-Monitor problems. Equipment malfunctions. 

e. Process problems 

f. Quality assurance calibration. 

g. Other known causes 

h. Other known causes. 

i. Unknown causes 

2. Total duration of excess 

3. Total CMS Downtime emission. 

4. Total duration of excess % 2

5. [Total CMS % 2

 emissions x (100) [Total Downtime] x (100) 

source operating time]. [Total source operating time]. 
2-13 

1

 For opacity, record all times in minutes. For gases, 

record all times in hours. 

2

 For the reporting period: If the total duration of excess 

emissions is 1 percent or greater of the total operating 

time or the total CMS downtime is 5 percent or greater of 

the total operating time, both the summary report form and 

the excess emission report described in Sec. 60.7(c) shall 

be submitted. 

On a separate page, describe any changes since last quarter in 

CMS, process or controls. I certify that the information 

contained in this report is true, accurate, and complete. 

_________________________________________________________________ 

Name 

_________________________________________________________________ 

Signature 

_________________________________________________________________ 

Title 

_________________________________________________________________ 

Date 

(e) (1) Notwithstanding the frequency of reporting 

requirements specified in paragraph (c) of this 

section, an owner or operator who is required by an 

applicable subpart to submit excess emissions and 

monitoring systems performance reports (and summary 

reports) on a quarterly (or more frequent) basis may 

reduce the frequency of reporting for that standard 

to semiannual if the following conditions are met: 

(i) For 1 full year (e.g., 4 quarterly or 12 

monthly reporting periods) the affected 

facility’s excess emissions and monitoring 

systems reports submitted to comply with a 

standard under this part continually 

demonstrate that the facility is in compliance 

with the applicable standard; 

(ii) The owner or operator continues to comply with 

all recordkeeping and monitoring requirements 

specified in this subpart and the applicable 

standard; and 

(iii) The Administrator does not object to a reduced 

frequency of reporting for the affected 

facility, as provided in paragraph (e)(2) of 

this section. 
2-14 

(2) The frequency of reporting of excess emissions and 

monitoring systems performance (and summary) reports 

may be reduced only after the owner or operator 

notifies the Administrator in writing of his or her 

intention to make such a change and the Administrator 

does not object to the intended change. In deciding 

whether to approve a reduced frequency of reporting, 

the Administrator may review information concerning 

the source’s entire previous performance history 

during the required recordkeeping period prior to the 

intended change, including performance test results, 

monitoring data, and evaluations of an owner or 

operator’s conformance with operation and maintenance 

requirements. Such information may be used by the 

Administrator to make a judgment about the source’s 

potential for noncompliance in the future. If the 

Administrator disapproves the owner or operator’s 

request to reduce the frequency of reporting, the 

Administrator will notify the owner or operator in 

writing within 45 days after receiving notice of the 

owner or operator’s intention. The notification from 

the Administrator to the owner or operator will 

specify the grounds on which the disapproval is 

based. In the absence of a notice of disapproval 

within 45 days, approval is automatically granted. 

(3) As soon as monitoring data indicate that the affected 

facility is not in compliance with any emission 

limitation or operating parameter specified in the 

applicable standard, the frequency of reporting shall 

revert to the frequency specified in the applicable 

standard, and the owner or operator shall submit an 

excess emissions and monitoring systems performance 

report (and summary report, if required) at the next 

appropriate reporting period following the 

noncomplying event. After demonstrating compliance 

with the applicable standard for another full year, 

the owner or operator may again request approval from 

the Administrator to reduce the frequency of 

reporting for that standard as provided for in 

paragraphs (e)(1) and (e)(2) of this section. 

(f) Any owner or operator subject to the provisions of this 

part shall maintain a file of all measurements, including 

continuous monitoring system, monitoring device, and 

performance testing measurements; all continuous 

monitoring system performance evaluations; all continuous 

monitoring system or monitoring device calibration checks; 

adjustments and maintenance performed on these systems or 

devices; and all other information required by this part 

recorded in a permanent form suitable for inspection. The 

file shall be retained for at least two years following 

the date of such measurements, maintenance, reports, and 

records, except as follows: 
2-15 

(1) This paragraph applies to owners or operators 

required to install a continuous emissions monitoring 

system (CEMS) where the CEMS installed is automated, 

and where the calculated data averages do not exclude 

periods of CEMS breakdown or malfunction. An 

automated CEMS records and reduces the measured data 

to the form of the pollutant emission standard 

through the use of a computerized data acquisition 

system. In lieu of maintaining a file of all CEMS 

subhourly measurements as required under paragraph 

(f) of this section, the owner or operator shall 

retain the most recent consecutive three averaging 

periods of subhourly measurements and a file that 

contains a hard copy of the data acquisition system 

algorithm used to reduce the measured data into the 

reportable form of the standard. 

(2) This paragraph applies to owners or operators 

required to install a CEMS where the measured data is 

manually reduced to obtain the reportable form of the 

standard, and where the calculated data averages do 

not exclude periods of CEMS breakdown or malfunction. 

In lieu of maintaining a file of all CEMS subhourly 

measurements as required under paragraph (f) of this 

section, the owner or operator shall retain all 

subhourly measurements for the most recent reporting 

period. The subhourly measurements shall be retained 

for 120 days from the date of the most recent summary 

or excess emission report submitted to the 

Administrator. 

(3) The Administrator or delegated authority, upon 

notification to the source, may require the owner or 

operator to maintain all measurements as required by 

paragraph (f) of this section, if the Administrator 

or the delegated authority determines these records 

are required to more accurately assess the compliance 

status of the affected source. 

(g) If notification substantially similar to that in paragraph 

(a) of this section is required by any other State or 

local agency, sending the Administrator a copy of that 

notification will satisfy the requirements of paragraph 

(a) of this section. 

(h) Individual subparts of this part may include specific 

provisions which clarify or make inapplicable the 

provisions set forth in this section. 

[36 FR 24877, Dec. 28, 1971, as amended at 40 FR 46254, Oct. 6, 1975; 

40 FR 58418, Dec. 16, 1975; 45 FR 5617, Jan. 23, 1980; 48 FR 48335, 

Oct. 18, 1983; 50 FR 53113, Dec. 27, 1985; 52 FR 9781, Mar. 26, 1987; 
2-16 

55 FR 51382, Dec. 13, 1990; 59 FR 12428, Mar. 16, 1994; 59 FR 47265, 

Sep. 15, 1994; 64 FR 7463, Feb. 12, 1999] 

Sec. 60.8 Performance tests. 

(a) Within 60 days after achieving the maximum production rate 

at which the affected facility will be operated, but not 

later than 180 days after initial startup of such facility 

and at such other times as may be required by the 

Administrator under section 114 of the Act, the owner or 

operator of such facility shall conduct performance 

test(s) and furnish the Administrator a written report of 

the results of such performance test(s). 

(b) Performance tests shall be conducted and data reduced in 

accordance with the test methods and procedures contained 

in each applicable subpart unless the Administrator (1) 

specifies or approves, in specific cases, the use of a 

reference method with minor changes in methodology, (2) 

approves the use of an equivalent method, (3) approves the 

use of an alternative method the results of which he has 

determined to be adequate for indicating whether a 

specific source is in compliance, (4) waives the 

requirement for performance tests because the owner or 

operator of a source has demonstrated by other means to 

the Administrator’s satisfaction that the affected 

facility is in compliance with the standard, or (5) 

approves shorter sampling times and smaller sample volumes 

when necessitated by process variables or other factors. 

Nothing in this paragraph shall be construed to abrogate 

the Administrator’s authority to require testing under 

section 114 of the Act. 

(c) Performance tests shall be conducted under such conditions 

as the Administrator shall specify to the plant operator 

based on representative performance of the affected 

facility. The owner or operator shall make available to 

the Administrator such records as may be necessary to 

determine the conditions of the performance tests. 

Operations during periods of startup, shutdown, and 

malfunction shall not constitute representative conditions 

for the purpose of a performance test nor shall emissions 

in excess of the level of the applicable emission limit 

during periods of startup, shutdown, and malfunction be 

considered a violation of the applicable emission limit 

unless otherwise specified in the applicable standard. 

(d) The owner or operator of an affected facility shall 

provide the Administrator at least 30 days prior notice of 

any performance test, except as specified under other 

subparts, to afford the Administrator the opportunity to 

have an observer present. If after 30 days notice for an 

initially scheduled performance test, there is a delay 

(due to operational problems, etc.) in conducting the 
2-17 

scheduled performance test, the owner or operator of an 

affected facility shall notify the Administrator (or 

delegated State or local agency) as soon as possible of 

any delay in the original test date, either by providing 

at least 7 days prior notice of the rescheduled date of 

the performance test, or by arranging a rescheduled date 

with the Administrator (or delegated State or local 

agency) by mutual agreement. 

(e) The owner or operator of an affected facility shall 

provide, or cause to be provided, performance testing 

facilities as follows: 

(1) Sampling ports adequate for test methods applicable 

to such facility. This includes (i) constructing the 

air pollution control system such that volumetric 

flow rates and pollutant emission rates can be 

accurately determined by applicable test methods and 

procedures and (ii) providing a stack or duct free of 

cyclonic flow during performance tests, as 

demonstrated by applicable test methods and 

procedures. 

(2) Safe sampling platform(s). 

(3) Safe access to sampling platform(s). 

(4) Utilities for sampling and testing equipment. 

(f) Unless otherwise specified in the applicable subpart, each 

performance test shall consist of three separate runs 

using the applicable test method. Each run shall be 

conducted for the time and under the conditions specified 

in the applicable standard. For the purpose of 

determining compliance with an applicable standard, the 

arithmetic means of results of the three runs shall apply. 

In the event that a sample is accidentally lost or 

conditions occur in which one of the three runs must be 

discontinued because of forced shutdown, failure of an 

irreplaceable portion of the sample train, extreme 

meteorological conditions, or other circumstances, beyond 

the owner or operator’s control, compliance may, upon the 

Administrator’s approval, be determined using the 

arithmetic mean of the results of the two other runs. 

[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974; 

42 FR 57126, Nov. 1, 1977; 44 FR 33612, June 11, 1979; 54 FR 6662, 

Feb. 14, 1989; 54 FR 21344, May 17, 1989; 64 FR 7463, Feb. 12, 1999] 

Sec. 60.9 Availability of information. 

The availability to the public of information provided to, or 

otherwise obtained by, the Administrator under this part shall be 

governed by part 2 of this chapter. (Information submitted 
2-18 

voluntarily to the Administrator for the purposes of Secs. 60.5 

and 60.6 is governed by Secs. 2.201 through 2.213 of this chapter 

and not by Sec. 2.301 of this chapter.) 

Sec. 60.10 State authority. 

The provisions of this part shall not be construed in any manner 

to preclude any State or political subdivision thereof from: 

(a) Adopting and enforcing any emission standard or limitation 

applicable to an affected facility, provided that such 

emission standard or limitation is not less stringent than 

the standard applicable to such facility. 

(b) Requiring the owner or operator of an affected facility to 

obtain permits, licenses, or approvals prior to initiating 

construction, modification, or operation of such facility. 

Sec. 60.11 Compliance with standards and maintenance 

requirements. 

(a) Compliance with standards in this part, other than opacity 

standards, shall be determined in accordance with 

performance tests established by Sec. 60.8, unless 

otherwise specified in the applicable standard. 

(b) Compliance with opacity standards in this part shall be 

determined by conducting observations in accordance with 

Method 9 in appendix A of this part, any alternative 

method that is approved by the Administrator, or as 

provided in paragraph (e)(5) of this section. For 

purposes of determining initial compliance, the minimum 

total time of observations shall be 3 hours (30 6-minute 

averages) for the performance test or other set of 

observations (meaning those fugitive-type emission sources 

subject only to an opacity standard). 

(c) The opacity standards set forth in this part shall apply 

at all times except during periods of startup, shutdown, 

malfunction, and as otherwise provided in the applicable 

standard. 

(d) At all times, including periods of startup, shutdown, and 

malfunction, owners and operators shall, to the extent 

practicable, maintain and operate any affected facility 

including associated air pollution control equipment in a 

manner consistent with good air pollution control practice 

for minimizing emissions. Determination of whether 

acceptable operating 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, opacity observations, review of 

operating and maintenance procedures, and inspection of 

the source. 
2-19 

(e) (1) For the purpose of demonstrating initial compliance, 

opacity observations shall be conducted concurrently 

with the initial performance test required in Sec. 

60.8 unless one of the following conditions apply. 

If no performance test under Sec. 60.8 is required, 

then opacity observations shall be conducted within 

60 days after achieving the maximum production rate 

at which the affected facility will be operated but 

no later than 180 days after initial startup of the 

facility. If visibility or other conditions prevent 

the opacity observations from being conducted 

concurrently with the initial performance test 

required under Sec. 60.8, the source owner or 

operator shall reschedule the opacity observations as 

soon after the initial performance test as possible, 

but not later than 30 days thereafter, and shall 

advise the Administrator of the rescheduled date. In 

these cases, the 30-day prior notification to the 

Administrator required in Sec. 60.7(a)(6) shall be 

waived. The rescheduled opacity observations shall 

be conducted (to the extent possible) under the same 

operating conditions that existed during the initial 

performance test conducted under Sec. 60.8. The 

visible emissions observer shall determine whether 

visibility or other conditions prevent the opacity 

observations from being made concurrently with the 

initial performance test in accordance with 

procedures contained in Method 9 of appendix B of 

this part. Opacity readings of portions of plumes 

which contain condensed, uncombined water vapor shall 

not be used for purposes of determining compliance 

with opacity standards. The owner or operator of an 

affected facility shall make available, upon request 

by the Administrator, such records as may be 

necessary to determine the conditions under which the 

visual observations were made and shall provide 

evidence indicating proof of current visible observer 

emission certification. Except as provided in 

paragraph (e)(5) of this section, the results of 

continuous monitoring by transmissometer which 

indicate that the opacity at the time visual 

observations were made was not in excess of the 

standard are probative but not conclusive evidence of 

the actual opacity of an emission, provided that the 

source shall meet the burden of proving that the 

instrument used meets (at the time of the alleged 

violation) Performance Specification 1 in appendix B 

of this part, has been properly maintained and (at 

the time of the alleged violation) that the resulting 

data have not been altered in any way. 

(2) Except as provided in paragraph (e)(3) of this 

section, the owner or operator of an affected 
2-20 

facility to which an opacity standard in this part 

applies shall conduct opacity observations in 

accordance with paragraph (b) of this section, shall 

record the opacity of emissions, and shall report to 

the Administrator the opacity results along with the 

results of the initial performance test required 

under Sec. 60.8. The inability of an owner or 

operator to secure a visible emissions observer shall 

not be considered a reason for not conducting the 

opacity observations concurrent with the initial 

performance test. 

(3) The owner or operator of an affected facility to 

which an opacity standard in this part applies may 

request the Administrator to determine and to record 

the opacity of emissions from the affected facility 

during the initial performance test and at such times 

as may be required. The owner or operator of the 

affected facility shall report the opacity results. 

Any request to the Administrator to determine and to 

record the opacity of emissions from an affected 

facility shall be included in the notification 

required in Sec. 60.7(a)(6). If, for some reason, 

the Administrator cannot determine and record the 

opacity of emissions from the affected facility 

during the performance test, then the provisions of 

paragraph (e)(1) of this section shall apply. 

(4) An owner or operator of an affected facility using a 

continuous opacity monitor (transmissometer) shall 

record the monitoring data produced during the 

initial performance test required by Sec. 60.8 and 

shall furnish the Administrator a written report of 

the monitoring results along with Method 9 and Sec. 

60.8 performance test results. 

(5) An owner or operator of an affected facility subject 

to an opacity standard may submit, for compliance 

purposes, continuous opacity monitoring system (COMS) 

data results produced during any performance test 

required under Sec. 60.8 in lieu of Method 9 

observation data. If an owner or operator elects to 

submit COMS data for compliance with the opacity 

standard, he shall notify the Administrator of that 

decision, in writing, at least 30 days before any 

performance test required under Sec. 60.8 is 

conducted. Once the owner or operator of an affected 

facility has notified the Administrator to that 

effect, the COMS data results will be used to 

determine opacity compliance during subsequent tests 

required under Sec. 60.8 until the owner or operator 

notifies the Administrator, in writing, to the 

contrary. For the purpose of determining compliance 

with the opacity standard during a performance test 
2-21 

required under Sec. 60.8 using COMS data, the minimum 

total time of COMS data collection shall be averages 

of all 6-minute continuous periods within the 

duration of the mass emission performance test. 

Results of the COMS opacity determinations shall be 

submitted along with the results of the performance 

test required under Sec. 60.8. The owner or operator 

of an affected facility using a COMS for compliance 

purposes is responsible for demonstrating that the 

COMS meets the requirements specified in Sec. 

60.13(c) of this part, that the COMS has been 

properly maintained and operated, and that the 

resulting data have not been altered in any way. If 

COMS data results are submitted for compliance with 

the opacity standard for a period of time during 

which Method 9 data indicates noncompliance, the 

Method 9 data will be used to determine compliance 

with the opacity standard. 

(6) Upon receipt from an owner or operator of the written 

reports of the results of the performance tests 

required by Sec. 60.8, the opacity observation 

results and observer certification required by Sec. 

60.11(e)(1), and the COMS results, if applicable, the 

Administrator will make a finding concerning 

compliance with opacity and other applicable 

standards. If COMS data results are used to comply 

with an opacity standard, only those results are 

required to be submitted along with the performance 

test results required by Sec. 60.8. If the 

Administrator finds that an affected facility is in 

compliance with all applicable standards for which 

performance tests are conducted in accordance with 

Sec. 60.8 of this part but during the time such 

performance tests are being conducted fails to meet 

any applicable opacity standard, he shall notify the 

owner or operator and advise him that he may petition 

the Administrator within 10 days of receipt of 

notification to make appropriate adjustment to the 

opacity standard for the affected facility. 

(7) The Administrator will grant such a petition upon a 

demonstration by the owner or operator that the 

affected facility and associated air pollution 

control equipment was operated and maintained in a 

manner to minimize the opacity of emissions during 

the performance tests; that the performance tests 

were performed under the conditions established by 

the Administrator; and that the affected facility and 

associated air pollution control equipment were 

incapable of being adjusted or operated to meet the 

applicable opacity standard. 
2-22 

(8) The Administrator will establish an opacity standard 

for the affected facility meeting the above 

requirements at a level at which the source will be 

able, as indicated by the performance and opacity 

tests, to meet the opacity standard at all times 

during which the source is meeting the mass or 

concentration emission standard. The Administrator 

will promulgate the new opacity standard in the 

Federal Register. 

(f) Special provisions set forth under an applicable subpart

shall supersede any conflicting provisions in paragraphs 

(a) through (e) of this section. 

(g) For the purpose of submitting compliance certifications or 

establishing whether or not a person has violated or is in 

violation of any standard in this part, nothing in this part 

shall preclude the use, including the exclusive use, of any 

credible evidence or information, relevant to whether a 

source would have been in compliance with applicable 

requirements if the appropriate performance or compliance 

test or procedure had been performed. 

[38 FR 28565, Oct. 15, 1973, as amended at 39 FR 39873, Nov. 12, 1974; 

43 FR 8800, Mar. 3, 1978; 45 FR 23379, Apr. 4, 1980; 48 FR 48335, 

Oct. 18, 1983; 50 FR 53113, Dec. 27, 1985; 51 FR 1790, Jan. 15, 1986; 

52 FR 9781, Mar. 26, 1987; 62 FR 8328, Feb. 24, 1997; 65 FR 61749, 

Oct. 17, 2000] 

Sec. 60.12 Circumvention. 

No owner or operator subject to the provisions of this part shall 

build, erect, install, or use any article, machine, equipment or 

process, the use of which conceals an emission which would 

otherwise constitute a violation of an applicable standard. Such 

concealment includes, but is not limited to, the use of gaseous 

diluents to achieve compliance with an opacity standard or with a 

standard which is based on the concentration of a pollutant in 

the gases discharged to the atmosphere. 

[39 FR 9314, Mar. 8, 1974] 

Sec. 60.13 Monitoring requirements. 

(a) For the purposes of this section, all continuous 

monitoring systems required under applicable subparts 

shall be subject to the provisions of this section upon 

promulgation of performance specifications for continuous 

monitoring systems under appendix B to this part and, if 

the continuous monitoring system is used to demonstrate 

compliance with emission limits on a continuous basis, 

appendix F to this part, unless otherwise specified in an 

applicable subpart or by the Administrator. Appendix F is 

applicable December 4, 1987. 
2-23 

(b) All continuous monitoring systems and monitoring devices 

shall be installed and operational prior to conducting 

performance tests under Sec. 60.8. Verification of 

operational status shall, as a minimum, include completion 

of the manufacturer’s written requirements or 

recommendations for installation, operation, and 

calibration of the device. 

(c) If the owner or operator of an affected facility elects to 

submit continuous opacity monitoring system (COMS) data 

for compliance with the opacity standard as provided under 

Sec. 60.11(e)(5), he shall conduct a performance 

evaluation of the COMS as specified in Performance 

Specification 1, appendix B, of this part before the 

performance test required under Sec. 60.8 is conducted. 

Otherwise, the owner or operator of an affected facility 

shall conduct a performance evaluation of the COMS or 

continuous emission monitoring system (CEMS) during any 

performance test required under Sec. 60.8 or within 30 

days thereafter in accordance with the applicable 

performance specification in appendix B of this part, The 

owner or operator of an affected facility shall conduct 

COMS or CEMS performance evaluations at such other times 

as may be required by the Administrator under section 114 

of the Act. 

(1) The owner or operator of an affected facility using a 

COMS to determine opacity compliance during any 

performance test required under Sec. 60.8 and as 

described in Sec. 60.11(e)(5) shall furnish the 

Administrator two or, upon request, more copies of a 

written report of the results of the COMS performance 

evaluation described in paragraph (c) of this section 

at least 10 days before the performance test required 

under Sec. 60.8 is conducted. 

(2) Except as provided in paragraph (c)(1) of this 

section, the owner or operator of an affected 

facility shall furnish the Administrator within 60 

days of completion two or, upon request, more copies 

of a written report of the results of the performance 

evaluation. 

(d) (1) Owners and operators of a CEMS installed in 

accordance with the provisions of this part, must 

automatically check the zero (or low level value 

between 0 and 20 percent of span value) and span (50 

to 100 percent of span value) calibration drifts at 

least once daily in accordance with a written 

procedure. The zero and span must, as a minimum, be 

adjusted whenever either the 24-hour zero drift or 

the 24-hour span drift exceeds two times the limit of 

the applicable performance specification in appendix 
2-24 

B of this part. The system must allow the amount of 

the excess zero and span drift to be recorded and 

quantified whenever specified. Owners and operators 

of a COMS installed in accordance with the provisions 

of this part, must automatically, intrinsic to the 

opacity monitor, check the zero and upscale (span) 

calibration drifts at least once daily. For a 

particular COMS, the acceptable range of zero and 

upscale calibration materials is as defined in the 

applicable version of PS-1 in appendix B of this 

part. For continuous monitoring systems measuring 

opacity of emissions not using automatic zero 

adjustments, the optical surfaces exposed to the 

effluent gases shall be cleaned prior to performing 

the zero and span drift adjustments. For systems 

using automatic zero adjustments, the optical 

surfaces shall be cleaned when the cumulative 

automatic zero compensation exceeds 4 percent 

opacity. 

(2) Unless otherwise approved by the Administrator, the 

following procedures must be followed for a COMS. 

Minimum procedures must include an automated method 

for producing a simulated zero opacity condition and 

an upscale opacity condition using a certified 

neutral density filter or other related technique to 

produce a known obstruction of the light beam. Such 

procedures must provide a system check of all active 

analyzer internal optics with power or curvature, all 

active electronic circuitry including the light 

source and photodetector assembly, and electronic or 

electro-mechanical systems and hardware and or 

software used during normal measurement operation. 

(e) Except for system breakdowns, repairs, calibration checks, 

and zero and span adjustments required under paragraph (d) 

of this section, all continuous monitoring systems shall 

be in continuous operation and shall meet minimum 

frequency of operation requirements as follows: 

(1) All continuous monitoring systems referenced by 

paragraph (c) of this section for measuring opacity 

of emissions shall complete a minimum of one cycle of 

sampling and analyzing for each successive 10-second 

period and one cycle of data recording for each 

successive 6-minute period. 

(2) All continuous monitoring systems referenced by 

paragraph (c) of this section for measuring 

emissions, except opacity, shall complete a minimum 

of one cycle of operation (sampling, analyzing, and 

data recording) for each successive 15-minute period. 
2-25 

(f) All continuous monitoring systems or monitoring devices 

shall be installed such that representative measurements 

of emissions or process parameters from the affected 

facility are obtained. Additional procedures for location 

of continuous monitoring systems contained in the 

applicable Performance Specifications of appendix B of 

this part shall be used. 

(g) (1) When more than one continuous monitoring system is 

used to measure the emissions from only one affected 

facility (e.g., multiple breechings, multiple 

outlets), the owner or operator shall report the 

results as required from each continuous monitoring 

system. When the effluent from one affected facility 

is released to the atmosphere through more than one 

point, the owner or operator shall install an 

applicable continuous monitoring system on each 

separate effluent unless installation of fewer 

systems is approved by the Administrator. 

(2) When the effluents from two or more affected 

facilities subject to the same opacity standard are 

combined before being released to the atmosphere, the 

owner or operator may either install a continuous 

opacity monitoring system at a location monitoring 

the combined effluent or install an opacity combiner 

system comprised of opacity and flow monitoring 

systems on each stream, and shall report as per Sec. 

60.7(c) on the combined effluent. When the affected 

facilities are not subject to the same opacity 

standard, the owner or operator shall report the 

results as per Sec. 60.7(c) on the combined effluent 

against the most stringent opacity standard 

applicable, except for documented periods of shutdown 

of the affected facility, subject to the most 

stringent opacity standard. During such times, the 

next most stringent opacity standard shall apply. 

(3) When the effluents from two or more affected 

facilities subject to the same emissions standard, 

other than opacity, are combined before being 

released to the atmosphere, the owner or operator may 

install applicable continuous emission monitoring 

systems on each effluent or on the combined effluent. 

The owner or operator may report the results as 

required for each affected facility or for the 

combined effluent. When the affected facilities are 

not subject to the same emissions standard, separate 

continuous emission monitoring systems shall be 

installed on each effluent and the owner or operator 

shall report as required for each affected facility. 

(h) Owners or operators of all continuous monitoring systems 

for measurement of opacity shall reduce all data to 6-
2-26 

minute averages and for continuous monitoring systems 

other than opacity to 1-hour averages for time periods as 

defined in Sec. 60.2. Six-minute opacity averages shall 

be calculated from 36 or more data points equally spaced 

over each 6-minute period. For continuous monitoring 

systems other than opacity, 1-hour averages shall be 

computed from four or more data points equally spaced over 

each 1-hour period. Data recorded during periods of 

continuous system breakdown, repair, calibration checks, 

and zero and span adjustments shall not be included in the 

data averages computed under this paragraph. For owners 

and operators complying with the requirements in Sec. 

60.7(f) (1) or (2), data averages must include any data 

recorded during periods of monitor breakdown or 

malfunction. An arithmetic or integrated average of all 

data may be used. The data may be recorded in reduced or 

nonreduced form (e.g., ppm pollutant and percent O2 or 

ng/J of pollutant). All excess emissions shall be 

converted into units of the standard using the applicable 

conversion procedures specified in subparts. After 

conversion into units of the standard, the data may be 

rounded to the same number of significant digits as used 

in the applicable subparts to specify the emission limit 

(e.g., rounded to the nearest 1 percent opacity). 

(i) After receipt and consideration of written application, 

the Administrator may approve alternatives to any 

monitoring procedures or requirements of this part 

including, but not limited to the following: 

(1) Alternative monitoring requirements when installation 

of a continuous monitoring system or monitoring 

device specified by this part would not provide 

accurate measurements due to liquid water or other 

interferences caused by substances in the effluent 

gases. 

(2) Alternative monitoring requirements when the affected 

facility is infrequently operated. 

(3) Alternative monitoring requirements to accommodate 

continuous monitoring systems that require additional 

measurements to correct for stack moisture 

conditions. 

(4) Alternative locations for installing continuous 

monitoring systems or monitoring devices when the 

owner or operator can demonstrate that installation 

at alternate locations will enable accurate and 

representative measurements. 

(5) Alternative methods of converting pollutant 

concentration measurements to units of the standards. 
2-27 

(6) Alternative procedures for performing daily checks of 

zero and span drift that do not involve use of span 

gases or test cells. 

(7) Alternatives to the A.S.T.M. test methods or sampling 

procedures specified by any subpart. 

(8) Alternative continuous monitoring systems that do not 

meet the design or performance requirements in 

Performance Specification 1, appendix B, but 

adequately demonstrate a definite and consistent 

relationship between its measurements and the 

measurements of opacity by a system complying with 

the requirements in Performance Specification 1. The 

Administrator may require that such demonstration be 

performed for each affected facility. 

(9) Alternative monitoring requirements when the effluent 

from a single affected facility or the combined 

effluent from two or more affected facilities is 

released to the atmosphere through more than one 

point. 

(j) An alternative to the relative accuracy (RA) test 

specified in Performance Specification 2 of appendix B may 

be requested as follows: 

(1) An alternative to the reference method tests for 

determining RA is available for sources with emission 

rates demonstrated to be less than 50 percent of the 

applicable standard. A source owner or operator may 

petition the Administrator to waive the RA test in 

Section 8.4 of Performance Specification 2 and 

substitute the procedures in Section 16.0 if the 

results of a performance test conducted according to 

the requirements in Sec. 60.8 of this subpart or 

other tests performed following the criteria in Sec. 

60.8 demonstrate that the emission rate of the 

pollutant of interest in the units of the applicable 

standard is less than 50 percent of the applicable 

standard. For sources subject to standards expressed 

as control efficiency levels, a source owner or 

operator may petition the Administrator to waive the 

RA test and substitute the procedures in Section 16.0 

of Performance Specification 2 if the control device 

exhaust emission rate is less than 50 percent of the 

level needed to meet the control efficiency 

requirement. The alternative procedures do not apply 

if the continuous emission monitoring system is used 

to determine compliance continuously with the 

applicable standard. The petition to waive the RA 

test shall include a detailed description of the 

procedures to be applied. Included shall be location 

and procedure for conducting the alternative, the 
2-28 

concentration or response levels of the alternative 

RA materials, and the other equipment checks included 

in the alternative procedure. The Administrator will 

review the petition for completeness and 

applicability. The determination to grant a waiver 

will depend on the intended use of the CEMS data 

(e.g., data collection purposes other than NSPS) and 

may require specifications more stringent than in 

Performance Specification 2 (e.g., the applicable 

emission limit is more stringent than NSPS). 

(2) The waiver of a CEMS RA test will be reviewed and may 

be rescinded at such time, following successful 

completion of the alternative RA procedure, that the 

CEMS data indicate that the source emissions are 

approaching the level. The criterion for reviewing 

the waiver is the collection of CEMS data showing that 

emissions have exceeded 70 percent of the applicable 

standard for seven, consecutive, averaging periods as 

specified by the applicable regulation(s). For 

sources subject to standards expressed as control 

efficiency levels, the criterion for reviewing the 

waiver is the collection of CEMS data showing that 

exhaust emissions have exceeded 70 percent of the 

level needed to meet the control efficiency 

requirement for seven, consecutive, averaging periods 

as specified by the applicable regulation(s) [e.g., 

Sec. 60.45(g) (2) and (3), Sec. 60.73(e), and Sec. 

60.84(e)]. It is the responsibility of the source 

operator to maintain records and determine the level 

of emissions relative to the criterion on the waiver 

of RA testing. If this criterion is exceeded, the 

owner or operator must notify the Administrator within 

10 days of such occurrence and include a description 

of the nature and cause of the increasing emissions. 

The Administrator will review the notification and may 

rescind the waiver and require the owner or operator 

to conduct a RA test of the CEMS as specified in 

Section 8.4 of Performance Specification 2. 

[40 FR 46255, Oct. 6, 1975; 40 FR 59205, Dec. 22, 1975, as amended at 

41 FR 35185, Aug. 20, 1976; 48 FR 13326, Mar. 30, 1983; 48 FR 23610, 

May 25, 1983; 48 FR 32986, July 20, 1983; 52 FR 9782, Mar. 26, 1987; 

52 FR 17555, May 11, 1987; 52 FR 21007, June 4, 1987; 64 FR 7463, 

Feb. 12, 1999; 65 FR 48920, Aug. 10, 2000; 65 FR 61749, Oct. 17, 2000] 

Editorial Note: At 65 FR 61749, Oct. 17, 2000, Sec. 60.13 was 

amended by revising the words “ng/J of pollutant” to read “ng of 

pollutant per J of heat input” in the sixth sentence of paragraph 

(h). However, the amendment could not be incorporated because 

the words “ng/J of pollutant” do not exist in the sixth sentence 

of paragraph (h). 
2-29 

Sec. 60.14 Modification. 

(a) Except as provided under paragraphs (e) and (f) of this 

section, any physical or operational change to an existing 

facility which results in an increase in the emission rate 

to the atmosphere of any pollutant to which a standard 

applies shall be considered a modification within the 

meaning of section 111 of the Act. Upon modification, an 

existing facility shall become an affected facility for 

each pollutant to which a standard applies and for which 

there is an increase in the emission rate to the 

atmosphere. 

(b) Emission rate shall be expressed as kg/hr of any pollutant 

discharged into the atmosphere for which a standard is 

applicable. The Administrator shall use the following to 

determine emission rate: 

(1) Emission factors as specified in the latest issue of 

“Compilation of Air Pollutant Emission Factors,” EPA 

Publication No. AP-42, or other emission factors 

determined by the Administrator to be superior to AP42 emission factors, in cases where utilization of 

emission factors demonstrates that the emission level 

resulting from the physical or operational change 

will either clearly increase or clearly not increase. 

(2) Material balances, continuous monitor data, or manual 

emission tests in cases where utilization of emission 

factors as referenced in paragraph (b)(1) of this 

section does not demonstrate to the Administrator’s 

satisfaction whether the emission level resulting 

from the physical or operational change will either 

clearly increase or clearly not increase, or where an 

owner or operator demonstrates to the Administrator’s 

satisfaction that there are reasonable grounds to 

dispute the result obtained by the Administrator 

utilizing emission factors as referenced in paragraph 

(b)(1) of this section. When the emission rate is 

based on results from manual emission tests or 

continuous monitoring systems, the procedures 

specified in appendix C of this part shall be used to 

determine whether an increase in emission rate has 

occurred. Tests shall be conducted under such 

conditions as the Administrator shall specify to the 

owner or operator based on representative performance 

of the facility. At least three valid test runs must 

be conducted before and at least three after the 

physical or operational change. All operating 

parameters which may affect emissions must be held 

constant to the maximum feasible degree for all test 

runs. 
2-30 

(c) The addition of an affected facility to a stationary 

source as an expansion to that source or as a replacement 

for an existing facility shall not by itself bring within 

the applicability of this part any other facility within 

that source. 

(d) [Reserved] 

(e) The following shall not, by themselves, be considered 

modifications under this part: 

(1) Maintenance, repair, and replacement which the 

Administrator determines to be routine for a source 

category, subject to the provisions of paragraph (c) 

of this section and Sec. 60.15. 

(2) An increase in production rate of an existing 

facility, if that increase can be accomplished 

without a capital expenditure on that facility. 

(3) An increase in the hours of operation. 

(4) Use of an alternative fuel or raw material if, prior 

to the date any standard under this part becomes 

applicable to that source type, as provided by Sec. 

60.1, the existing facility was designed to 

accommodate that alternative use. A facility shall 

be considered to be designed to accommodate an 

alternative fuel or raw material if that use could be 

accomplished under the facility’s construction 

specifications as amended prior to the change. 

Conversion to coal required for energy 

considerations, as specified in section 111(a)(8) of 

the Act, shall not be considered a modification. 

(5) The addition or use of any system or device whose 

primary function is the reduction of air pollutants, 

except when an emission control system is removed or 

is replaced by a system which the Administrator 

determines to be less environmentally beneficial. 

(6) The relocation or change in ownership of an existing 

facility. 

(f) Special provisions set forth under an applicable subpart

of this part shall supersede any conflicting provisions of 

this section. 

(g) Within 180 days of the completion of any physical or 

operational change subject to the control measures 

specified in paragraph (a) of this section, compliance 

with all applicable standards must be achieved. 
2-31 

(h) No physical change, or change in the method of operation, 

at an existing electric utility steam generating unit 

shall be treated as a modification for the purposes of 

this section provided that such change does not increase 

the maximum hourly emissions of any pollutant regulated 

under this section above the maximum hourly emissions 

achievable at that unit during the 5 years prior to the 

change. 

(i) Repowering projects that are awarded funding from the 

Department of Energy as permanent clean coal technology 

demonstration projects (or similar projects funded by EPA) 

are exempt from the requirements of this section provided 

that such change does not increase the maximum hourly 

emissions of any pollutant regulated under this section 

above the maximum hourly emissions achievable at that unit 

during the five years prior to the change. 

(j) (1) Repowering projects that qualify for an extension 

under section 409(b) of the Clean Air Act are exempt 

from the requirements of this section, provided that 

such change does not increase the actual hourly 

emissions of any pollutant regulated under this 

section above the actual hourly emissions achievable 

at that unit during the 5 years prior to the change. 

(2) This exemption shall not apply to any new unit that: 

(i) Is designated as a replacement for an existing 

unit; 

(ii) Qualifies under section 409(b) of the Clean 

Air Act for an extension of an emission 

limitation compliance date under section 405 

of the Clean Air Act; and 

(iii) Is located at a different site than the 

existing unit. 

(k) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project is 

exempt from the requirements of this section. A temporary 

clean coal control technology demonstration project, for 

the purposes of this section is a clean coal technology 

demonstration project that is operated for a period of 5 

years or less, and which complies with the State 

implementation plan for the State in which the project is 

located and other requirements necessary to attain and 

maintain the national ambient air quality standards during 

the project and after it is terminated. 

(l) The reactivation of a very clean coal-fired electric 

utility steam generating unit is exempt from the 

requirements of this section. 
2-32 

[40 FR 58419, Dec. 16, 1975, as amended at 43 FR 34347, Aug. 3, 1978; 

45 FR 5617, Jan. 23, 1980; 57 FR 32339, July 21, 1992; 65 FR 61750, 

Oct. 17, 2000] 

Sec. 60.15 Reconstruction. 

(a) An existing facility, upon reconstruction, becomes an 

affected facility, irrespective of any change in emission 

rate. 

(b) “Reconstruction” means the replacement of components of an 

existing facility to such an extent that: 

(1) The fixed capital cost of the new components exceeds 

50 percent of the fixed capital cost that would be 

required to construct a comparable entirely new 

facility, and 

(2) It is technologically and economically feasible to 

meet the applicable standards set forth in this part. 

(c) “Fixed capital cost” means the capital needed to provide 

all the depreciable components. 

(d) If an owner or operator of an existing facility proposes 

to replace components, and the fixed capital cost of the 

new components exceeds 50 percent of the fixed capital 

cost that would be required to construct a comparable 

entirely new facility, he shall notify the Administrator 

of the proposed replacements. The notice must be 

postmarked 60 days (or as soon as practicable) before 

construction of the replacements is commenced and must 

include the following information: 

(1) Name and address of the owner or operator. 

(2) The location of the existing facility. 

(3) A brief description of the existing facility and the 

components which are to be replaced. 

(4) A description of the existing air pollution control 

equipment and the proposed air pollution control 

equipment. 

(5) An estimate of the fixed capital cost of the 

replacements and of constructing a comparable 

entirely new facility. 

(6) The estimated life of the existing facility after the 

replacements. 
2-33 

(7) A discussion of any economic or technical limitations 

the facility may have in complying with the 

applicable standards of performance after the 

proposed replacements. 

(e) The Administrator will determine, within 30 days of the 

receipt of the notice required by paragraph (d) of this 

section and any additional information he may reasonably 

require, whether the proposed replacement constitutes 

reconstruction. 

(f) The Administrator’s determination under paragraph (e) 

shall be based on: 

(1) The fixed capital cost of the replacements in 

comparison to the fixed capital cost that would be 

required to construct a comparable entirely new 

facility; 

(2) The estimated life of the facility after the 

replacements compared to the life of a comparable 

entirely new facility; 

(3) The extent to which the components being replaced 

cause or contribute to the emissions from the 

facility; and 

(4) Any economic or technical limitations on compliance 

with applicable standards of performance which are 

inherent in the proposed replacements. 

(g) Individual subparts of this part may include specific 

provisions which refine and delimit the concept of 

reconstruction set forth in this section. 

[40 FR 58420, Dec. 16, 1975] 

Sec. 60.16 Priority list. 

Prioritized Major Source Categories 

Priority 

Number1

 Source Category 

1. Synthetic Organic Chemical Manufacturing Industry (SOCMI) 

and Volatile Organic Liquid Storage Vessels and Handling 

Equipment 

(a) SOCMI unit processes 

(b) Volatile organic liquid (VOL) storage vessels and 

handling equipment 

(c) SOCMI fugitive sources 
2-34 

(d) SOCMI secondary sources 

2. Industrial Surface Coating: Cans 

3. Petroleum Refineries: Fugitive Sources 

4. Industrial Surface Coating: Paper 

5. Dry Cleaning 

(a) Perchloroethylene 

(b) Petroleum solvent 

6. Graphic Arts 

7. Polymers and Resins: Acrylic Resins 

8. Mineral Wool (Deleted) 

9. Stationary Internal Combustion Engines 

10. Industrial Surface Coating: Fabric 

11. Industrial-Commercial-Institutional Steam Generating 

Units. 

12. Incineration: Non-Municipal (Deleted) 

13. Non-Metallic Mineral Processing 

14. Metallic Mineral Processing 

15. Secondary Copper (Deleted) 

16. Phosphate Rock Preparation 

17. Foundries: Steel and Gray Iron 

18. Polymers and Resins: Polyethylene 

19. Charcoal Production 

20. Synthetic Rubber 

(a) Tire manufacture 

(b) SBR production 

21. Vegetable Oil 

22. Industrial Surface Coating: Metal Coil 
2-35 

23. Petroleum Transportation and Marketing 

24. By-Product Coke Ovens 

25. Synthetic Fibers 

26. Plywood Manufacture 

27. Industrial Surface Coating: Automobiles 

28. Industrial Surface Coating: Large Appliances 

29. Crude Oil and Natural Gas Production 

30. Secondary Aluminum 

31. Potash (Deleted) 

32. Lightweight Aggregate Industry: Clay, Shale, and Slate2

33. Glass 

34. Gypsum 

35. Sodium Carbonate 

36. Secondary Zinc (Deleted) 

37. Polymers and Resins: Phenolic 

38. Polymers and Resins: Urea-Melamine 

39. Ammonia (Deleted) 

40. Polymers and Resins: Polystyrene 

41. Polymers and Resins: ABS-SAN Resins 

42. Fiberglass 

43. Polymers and Resins: Polypropylene 

44. Textile Processing 

45. Asphalt Processing and Asphalt Roofing Manufacture 

46. Brick and Related Clay Products 

47. Ceramic Clay Manufacturing (Deleted) 

48. Ammonium Nitrate Fertilizer 

49. Castable Refractories (Deleted) 
2-36 

50. Borax and Boric Acid (Deleted) 

51. Polymers and Resins: Polyester Resins 

52. Ammonium Sulfate 

53. Starch 

54. Perlite 

55. Phosphoric Acid: Thermal Process (Deleted) 

56. Uranium Refining 

57. Animal Feed Defluorination (Deleted) 

58. Urea (for fertilizer and polymers) 

59. Detergent (Deleted) Other Source Categories 

Lead acid battery manufacture3

Organic solvent cleaning3

Industrial surface coating: metal furniture3

Stationary gas turbines4

Municipal solid waste landfills4

1

 Low numbers have highest priority, e.g., No. 1 is high 

priority, No. 59 is low priority. 

2

 Formerly titled “Sintering: Clay and Fly Ash”. 

3

 Minor source category, but included on list since an NSPS 

is being developed for that source category. 

4

 Not prioritized, since an NSPS for this major source 

category has already been promulgated. 

[47 FR 951, Jan. 8, 1982, as amended at 47 FR 31876, 

July 23, 1982; 51 FR 42796, Nov. 25, 1986; 52 FR 11428, 

Apr. 8, 1987; 61 FR 9919, Mar. 12, 1996] 

Sec. 60.17 Incorporations by reference. 

The materials listed below are incorporated by reference in the 

corresponding sections noted. These incorporations by reference 

were approved by the Director of the Federal Register on the date 

listed. These materials are incorporated as they exist on the 

date of the approval, and a notice of any change in these 

materials will be published in the Federal Register. The 

materials are available for purchase at the corresponding address 

noted below, and all are available for inspection at the Office 

of the Federal Register, 800 North Capitol Street, NW., suite 

700, Washington, DC and at the Library (MD-35), U.S. EPA, 

Research Triangle Park, NC. 
2-37 

(a) The following materials are available for purchase from at 

least one of the following addresses: American Society for 

Testing and Materials (ASTM), 1916 Race Street, 

Philadelphia, PA 19103; or University Microfilms 

International, 300 North Zeeb Road, Ann Arbor, MI 48106. 

(1) ASTM A99-76, 82 (Reapproved 1987), Standard 

Specification for Ferromanganese, incorporation by 

reference (IBR) approved January 27, 1983 for Sec. 

60.261. 

(2) ASTM A100-69, 74, 93, Standard Specification for 

Ferrosilicon, IBR approved January 27, 1983 for Sec. 

60.261. 

(3) ASTM A101-73, 93, Standard Specification for 

Ferrochromium, IBR approved January 27, 1983 for Sec. 

60.261. 

(4) ASTM A482-76, 93, Standard Specification for 

Ferrochrome silicon, IBR approved January 27, 1983 

for Sec. 60.261. 

(5) ASTM A483-64, 74 (Reapproved 1988), Standard 

Specification for Silicomanganese, IBR approved 

January 27, 1983 for Sec. 60.261. 

(6) ASTM A495-76, 94, Standard Specification for CalciumSilicon and Calcium Manganese-Silicon, IBR approved 

January 27, 1983 for Sec. 60.261. 

(7) ASTM D86-78, 82, 90, 93, 95, 96, Distillation of 

Petroleum Products, IBR approved for Secs. 60.562-

2(d), 60.593(d), and 60.633(h). 

(8) ASTM D129-64, 78, 95, Standard Test Method for Sulfur 

in Petroleum Products (General Bomb Method), IBR 

approved for Appendix A: Method 19, Section 

12.5.2.2.3; and Sec. 60.106(j)(2). 

(9) ASTM D240-76, 92, Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by Bomb 

Calorimeter, IBR approved January 27, 1983 for Secs. 

60.46(c), 60.296(b), and Appendix A: Method 19, 

Section 12.5.2.2.3. 

(10) ASTM D270-65, 75, Standard Method of Sampling 

Petroleum and Petroleum Products, IBR approved 

January 27, 1983 for Appendix A: Method 19, Section 

12.5.2.2.1. 

(11) ASTM D323-82, 94, Test Method for Vapor Pressure of 

Petroleum Products (Reid Method), IBR approved April 
2-38 

8, 1987 for Secs. 60.111(l), 60.111a(g), 60.111b(g), 

and 60.116b(f)(2)(ii). 

(12) ASTM D388-77, 90, 91, 95, 98a, Standard Specification 

for Classification of Coals by Rank, IBR approved for 

Secs. 60.41(f), 60.45(f)(4)(i), 60.45(f)(4)(ii), 

60.45(f)(4)(vi), 60.41a, 60.41b, and 60.251(b) and 

(c). 

(13) ASTM D396-78, 89, 90, 92, 96, 98, Standard 

Specification for Fuel Oils, IBR approved for Secs. 

60.41b, 60.41c, 60.111(b), and 60.111a(b). 

(14) ASTM D975-78, 96, 98a, Standard Specification for 

Diesel Fuel Oils, IBR approved January 27, 1983 for 

Secs. 60.111(b) and 60.111a(b). 

(15) ASTM D1072-80, 90 (Reapproved 1994), Standard Method 

for Total Sulfur in Fuel Gases, IBR approved July 31, 

1984 for Sec. 60.335(d). 

(16) ASTM D1137-53, 75, Standard Method for Analysis of 

Natural Gases and Related Types of Gaseous Mixtures 

by the Mass Spectrometer, IBR approved January 27, 

1983 for Sec. 60.45(f)(5)(i). 

(17) ASTM D1193-77, 91, Standard Specification for Reagent 

Water, IBR approved for Appendix A: Method 5, Section 

7.2.3; Method 5E, Section 7.2.1; Method 5F, Section 

7.2.1; Method 6, Section 7.2.1; Method 7, Section 

7.2.1; Method 7C, Section 7.2.1; Method 7D, Section 

7.2.1; Method 10A, Section 7.2.1; Method 11, Section 

7.2.3; Method 12, Section 7.2.3; Method 13A, Section 

7.2.2; Method 26, Section 7.2.2; Method 26A, Section 

7.2.2; and Method 29, Section 7.2.2. 

(18) ASTM D1266-87, 91, 98, Standard Test Method for 

Sulfur in Petroleum Products (Lamp Method), IBR 

approved August 17, 1989 for Sec. 60.106(j)(2). 

(19) ASTM D1475-60 (Reapproved 1980), 90, Standard Test 

Method for Density of Paint, Varnish Lacquer, and 

Related Products, IBR approved January 27, 1983 for 

Sec. 60.435(d)(1), Appendix A: Method 24, Section 

6.1; and Method 24A, Sections 6.5 and 7.2. 

(20) ASTM D1552-83, 95, Standard Test Method for Sulfur in 

Petroleum Products (High Temperature Method), IBR 

approved for Appendix A: Method 19, Section 

12.5.2.2.3; and Sec. 60.106(j)(2). 

(21) ASTM D1826-77, 94, Standard Test Method for Calorific 

Value of Gases in Natural Gas Range by Continuous 

Recording Calorimeter, IBR approved January 27, 1983 
2-39 

for Secs. 60.45(f)(5)(ii), 60.46(c)(2), 60.296(b)(3), 

and Appendix A: Method 19, Section 12.3.2.4. 

(22) ASTM D1835-87, 91, 97, Standard Specification for 

Liquefied Petroleum (LP) Gases, approved for Secs. 

60.41b and 60.41c. 

(23) ASTM D1945-64, 76, 91, 96, Standard Method for 

Analysis of Natural Gas by Gas Chromatography, IBR 

approved January 27, 1983 for Sec. 60.45(f)(5)(i). 

(24) ASTM D1946-77, 90 (Reapproved 1994), Standard Method 

for Analysis of Reformed Gas by Gas Chromatography, 

IBR approved for Secs. 60.45(f)(5)(i), 60.18(f)(3), 

60.614(e)(2)(ii), 60.614(e)(4), 60.664(e)(2)(ii), 

60.664(e)(4), 60.564(f)(1), 60.704(d)(2)(ii), and 

60.704(d)(4). 

(25) ASTM D2013-72, 86, Standard Method of Preparing Coal 

Samples for Analysis, IBR approved January 27, 1983, 

for Appendix A: Method 19, Section 12.5.2.1.3. 

(26) ASTM D2015-77 (Reapproved 1978), 96, Standard Test 

Method for Gross Calorific Value of Solid Fuel by the 

Adiabatic Bomb Calorimeter, IBR approved January 27, 

1983 for Sec. 60.45(f)(5)(ii), 60.46(c)(2), and 

Appendix A: Method 19, Section 12.5.2.1.3. 

(27) ASTM D2016-74, 83, Standard Test Methods for Moisture 

Content of Wood, IBR approved for Appendix A: Method 

28, Section 16.1.1. 

(28) ASTM D2234-76, 96, 97b, 98, Standard Methods for 

Collection of a Gross Sample of Coal, IBR approved 

January 27, 1983 for Appendix A: Method 19, Section 

12.5.2.1.1. 

(29) ASTM D2369-81, 87, 90, 92, 93, 95, Standard Test 

Method for Volatile Content of Coatings, IBR approved 

January 27, 1983 for Appendix A: Method 24, Section 

6.2. 

(30) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon 

Fuels by Bomb Calorimeter (High-Precision Method), 

IBR approved for Secs. 60.18(f)(3), 60.485(g)(6), 

60.614(e)(4), 60.664(e)(4), 60.564(f)(3), and 

60.704(d)(4). 

(31) ASTM D2504-67, 77, 88 (Reapproved 1993), 

Noncondensable Gases in C3 and Lighter Hydrocarbon 

Products by Gas Chromatography, IBR approved for Sec. 

60.485(g)(5). 
2-40 

(32) ASTM D2584-68 (Reapproved 1985), 94, Standard Test 

Method for Ignition Loss of Cured Reinforced Resins, 

IBR approved February 25, 1985 for Sec. 

60.685(c)(3)(i). 

(33) ASTM D2622-87, 94, 98, Standard Test Method for 

Sulfur in Petroleum Products by X-Ray Spectrometry, 

IBR approved August 17, 1989 for Sec. 60.106(j)(2). 

(34) ASTM D2879-83, 96, 97, Test Method for Vapor 

Pressure-Temperature Relationship and Initial 

Decomposition Temperature of Liquids by Isoteniscope, 

IBR approved April 8, 1987 for Secs. 60.485(e)(1), 

60.111b(f)(3), 60.116b(e)(3)(ii), and 

60.116b(f)(2)(i). 

(35) ASTM D2880-78, 96, Standard Specification for Gas 

Turbine Fuel Oils, IBR approved January 27, 1983 for 

Secs. 60.111(b), 60.111a(b), and 60.335(d). 

(36) ASTM D2908-74, 91, Standard Practice for Measuring 

Volatile Organic Matter in Water by Aqueous-Injection 

Gas Chromatography, IBR approved for Sec. 60.564(j). 

(37) ASTM D2986-71, 78, 95a, Standard Method for 

Evaluation of Air, Assay Media by the Monodisperse 

DOP (Dioctyl Phthalate) Smoke Test, IBR approved 

January 27, 1983 for Appendix A: Method 5, Section 

7.2.1; Method 12, Section 7.2.1; and Method 13A, 

Section 7.2.1.2. 

(38) ASTM D3031-81, Standard Test Method for Total Sulfur 

in Natural Gas by Hydrogenation, IBR approved July 

31, 1984 for Sec. 60.335(d). 

(39) ASTM D3173-73, 87, Standard Test Method for Moisture 

in the Analysis Sample of Coal and Coke, IBR approved 

January 27, 1983 for Appendix A: Method 19, Section 

12.5.2.1.3. 

(40) ASTM D3176-74, 89, Standard Method for Ultimate 

Analysis of Coal and Coke, IBR approved January 27, 

1983 for Sec. 60.45(f)(5)(i) and Appendix A: Method 

19, Section 12.3.2.3. 

(41) ASTM D3177-75, 89, Standard Test Method for Total 

Sulfur in the Analysis Sample of Coal and Coke, IBR 

approved January 27, 1983 for Appendix A: Method 19, 

Section 12.5.2.1.3. 

(42) ASTM D3178-73 (Reapproved 1979), 89, Standard Test 

Methods for Carbon and Hydrogen in the Analysis 

Sample of Coal and Coke, IBR approved January 27, 

1983 for Sec. 60.45(f)(5)(i). 
2-41 

(43) ASTM D3246-81, 92, 96, Standard Method for Sulfur in 

Petroleum Gas by Oxidative Microcoulometry, IBR 

approved July 31, 1984 for Sec. 60.335(d). 

(44) ASTM D3270-73T, 80, 91, 95, Standard Test Methods for 

Analysis for Fluoride Content of the Atmosphere and 

Plant Tissues (Semiautomated Method), IBR approved 

for Appendix A: Method 13A, Section 16.1. 

(45) ASTM D3286-85, 96, Standard Test Method for Gross 

Calorific Value of Coal and Coke by the Isoperibol 

Bomb Calorimeter, IBR approved for Appendix A: Method 

19, Section 12.5.2.1.3. 

(46) ASTM D3370-76, 95a, Standard Practices for Sampling 

Water, IBR approved for Sec. 60.564(j). 

(47) ASTM D3792-79, 91, Standard Test Method for Water 

Content of Water-Reducible Paints by Direct Injection 

into a Gas Chromatograph, IBR approved January 27, 

1983 for Appendix A: Method 24, Section 6.3. 

(48) ASTM D4017-81, 90, 96a, Standard Test Method for 

Water in Paints and Paint Materials by the Karl 

Fischer Titration Method, IBR approved January 27, 

1983 for Appendix A: Method 24, Section 6.4. 

(49) ASTM D4057-81, 95, Standard Practice for Manual 

Sampling of Petroleum and Petroleum Products, IBR 

approved for Appendix A: Method 19, Section 

12.5.2.2.3. 

(50) ASTM D4084-82, 94, Standard Method for Analysis of 

Hydrogen Sulfide in Gaseous Fuels (Lead Acetate 

Reaction Rate Method), IBR approved July 31, 1984 for 

Sec. 60.335(d). 

(51) ASTM D4177-95, Standard Practice for Automatic 

Sampling of Petroleum and Petroleum Products, IBR 

approved for Appendix A: Method 19, 12.5.2.2.1. 

(52) ASTM D4239-85, 94, 97, Standard Test Methods for 

Sulfur in the Analysis Sample of Coal and Coke Using 

High Temperature Tube Furnace Combustion Methods, IBR 

approved for Appendix A: Method 19, Section 

12.5.2.1.3. 

(53) ASTM D4442-84, 92, Standard Test Methods for Direct 

Moisture Content Measurement in Wood and Wood-base 

Materials, IBR approved for Appendix A: Method 28, 

Section 16.1.1. 
2-42 

(54) ASTM D4444-92, Standard Test Methods for Use and 

Calibration of Hand-Held Moisture Meters, IBR 

approved for Appendix A: Method 28, Section 16.1.1. 

(55) ASTM D4457-85 (Reapproved 1991), Test Method for 

Determination of Dichloromethane and 1, 1, 1-

Trichloroethane in Paints and Coatings by Direct 

Injection into a Gas Chromatograph, IBR approved for 

Appendix A: Method 24, Section 6.5. 

(56) ASTM D4809-95, Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by Bomb 

Calorimeter (Precision Method), IBR approved for 

Secs. 60.18(f)(3), 60.485(g)(6), 60.564(f)(3), 

60.614(d)(4), 60.664(e)(4), and 60.704(d)(4). 

(57) ASTM D5403-93, Standard Test Methods for Volatile 

Content of Radiation Curable Materials. IBR approved 

September 11, 1995 for Appendix A: Method 24, Section 

6.6. 

(58) ASTM D5865-98, Standard Test Method for Gross 

Calorific Value of Coal and Coke. IBR approved for 

Sec. 60.45(f)(5)(ii), 60.46(c)(2), and Appendix A: 

Method 19, Section 12.5.2.1.3. 

(59) ASTM E168-67, 77, 92, General Techniques of Infrared 

Quantitative Analysis, IBR approved for Secs. 

60.593(b)(2) and 60.632(f). 

(60) ASTM E169-63, 77, 93, General Techniques of 

Ultraviolet Quantitative Analysis, IBR approved for 

Secs. 60.593(b)(2) and 60.632(f). 

(61) ASTM E260-73, 91, 96, General Gas Chromatography 

Procedures, IBR approved for Secs. 60.593(b)(2) and 

60.632(f). 

(62)-(63) [Reserved] 

(64) ASTM D 6216-98 Standard Practice for Opacity Monitor 

Manufacturers to Certify Conformance with Design and 

Performance Specifications, IBR approved February 6, 

2001 for appendix B, PS-1. 

(b) The following material is available for purchase from the 

Association of Official Analytical Chemists, 1111 North 

19th Street, Suite 210, Arlington, VA 22209. 

(1) AOAC Method 9, Official Methods of Analysis of the 

Association of Official Analytical Chemists, 11th 

edition, 1970, pp. 11-12, IBR approved January 27, 

1983 for Secs. 60.204(b)(3), 60.214(b)(3), 

60.224(b)(3), 60.234(b)(3). 
2-43 

(c) The following material is available for purchase from the 

American Petroleum Institute, 1220 L Street NW., 

Washington, DC 20005. 

(1) API Publication 2517, Evaporation Loss from External 

Floating Roof Tanks, Second Edition, February 1980, 

IBR approved January 27, 1983, for Secs. 60.111(i), 

60.111a(f), 60.111a(f)(1) and 60.116b(e)(2)(i). 

(d) The following material is available for purchase from the 

Technical Association of the Pulp and Paper Industry 

(TAPPI), Dunwoody Park, Atlanta, GA 30341. 

(1) TAPPI Method T624 os-68, IBR approved January 27, 

1983 for Sec. 60.285(d)(3). 

(e) The following material is available for purchase from the 

Water Pollution Control Federation (WPCF), 2626 

Pennsylvania Avenue NW., Washington, DC 20037. 

(1) Method 209A, Total Residue Dried at 103-105 deg. C, 

in Standard Methods for the Examination of Water and 

Wastewater, 15th Edition, 1980, IBR approved February 

25, 1985 for Sec. 60.683(b). 

(f) The following material is available for purchase from the 

following address: Underwriter’s Laboratories, Inc. (UL), 

333 Pfingsten Road, Northbrook, IL 60062. 

(1) UL 103, Sixth Edition revised as of September 3, 

1986, Standard for Chimneys, Factory-built, 

Residential Type and Building Heating Appliance. 

(g) The following material is available for purchase from the 

following address: West Coast Lumber Inspection Bureau, 

6980 SW. Barnes Road, Portland, OR 97223. 

(1) West Coast Lumber Standard Grading Rules No. 16, 

pages 5-21 and 90 and 91, September 3, 1970, revised 

1984. 

(h) The following material is available for purchase from the 

American Society of Mechanical Engineers (ASME), 345 East 

47th Street, New York, NY 10017. 

(1) ASME QRO-1-1994, Standard for the Qualification and 

Certification of Resource Recovery Facility 

Operators, IBR approved for Secs. 60.56a, 60.54b(a), 

60.54b(b), 60.1185(a), 60.1185(c)(2), 60.1675(a), and 

60.1675(c)(2). 

(2) ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test 

Codes: Test Code for Steam Generating Units (with 
2-44 

1968 and 1969 Addenda), IBR approved for Secs. 

60.46b, 60.58a(h)(6)(ii), 60.58b(i)(6)(ii), 

60.1320(a)(3) and 60.1810(a)(3). 

(3) ASME Interim Supplement 19.5 on Instruments and 

Apparatus: Application, Part II of Fluid Meters, 6th 

Edition (1971), IBR approved for Secs. 

60.58a(h)(6)(ii), 60.58b(i)(6)(ii), 60.1320(a)(4), 

and 60.1810(a)(4). 

(i) “Test Methods for Evaluating Solid Waste, 

Physical/Chemical Methods,” EPA Publication SW-846 Third 

Edition (November 1986), as amended by Updates I (July 

1992), II (September 1994), IIA (August, 1993), IIB 

(January 1995), and III (December 1996). This document 

may be obtained from the U.S. EPA, Office of Solid Waste 

and Emergency Response, Waste Characterization Branch, 

Washington, DC 20460, and is incorporated by reference for 

appendix A to part 60, Method 29, Sections 7.5.34; 9.2.1; 

9.2.3; 10.2; 10.3; 11.1.1; 11.1.3; 13.2.1; 13.2.2; 13.3.1; 

and Table 29-3. 

(j) “Standard Methods for the Examination of Water and 

Wastewater,” 16th edition, 1985. Method 303F: 

“Determination of Mercury by the Cold Vapor Technique.” 

This document may be obtained from the American Public 

Health Association, 1015 18th Street, NW., Washington, DC 

20036, and is incorporated by reference for appendix A to 

part 60, Method 29, Sections 9.2.3; 10.3; and 11.1.3. 

(k) This material is available for purchase from the American 

Hospital Association (AHA) Service, Inc., Post Office Box 

92683, Chicago, Illinois 60675-2683. You may inspect a 

copy at EPA’s Air and Radiation Docket and Information 

Center (Docket A-91-61, Item IV-J-124), Room M-1500, 1200 

Pennsylvania Ave., NW., Washington, DC. 

(1) An Ounce of Prevention: Waste Reduction Strategies 

for Health Care Facilities. American Society for 

Health Care Environmental Services of the American 

Hospital Association. Chicago, Illinois. 1993. AHA 

Catalog No. 057007. ISBN 0-87258-673-5. IBR 

approved for Sec. 60.35e and Sec. 60.55c. 

(l) This material is available for purchase from the National 

Technical Information Services, 5285 Port Royal Road, 

Springfield, Virginia 22161. You may inspect a copy at 

EPA’s Air and Radiation Docket and Information Center 

(Docket A-91-61, Item IV-J-125), Room M-1500, 1200 

Pennsylvania Ave., NW., Washington, DC. 

(1) OMB Bulletin No. 93-17: Revised Statistical 

Definitions for Metropolitan Areas. Office of 
2-45 

Management and Budget, June 30, 1993. NTIS No. PB 

93-192-664. IBR approved for Sec. 60.31e. 

[48 FR 3735, Jan. 27, 1983] 

Editorial Note: For Federal Register citations affecting Sec. 

60.17, see the List of CFR Sections Affected, which appears in 

the Finding Aids section of the printed volume and on GPO Access. 

Sec. 60.18 General control device requirements. 

(a) Introduction. This section contains requirements for 

control devices used to comply with applicable subparts of 

parts 60 and 61. The requirements are placed here for 

administrative convenience and only apply to facilities 

covered by subparts referring to this section. 

(b) Flares. Paragraphs (c) through (f) apply to flares. 

(c) (1) Flares shall be designed for and operated with no 

visible emissions as determined by the methods 

specified in paragraph (f), except for periods not to 

exceed a total of 5 minutes during any 2 consecutive 

hours. 

(2) Flares shall be operated with a flame present at all 

times, as determined by the methods specified in 

paragraph (f). 

(3) An owner/operator has the choice of adhering to 

either the heat content specifications in paragraph 

(c)(3)(ii) of this section and the maximum tip 

velocity specifications in paragraph (c)(4) of this 

section, or adhering to the requirements in paragraph 

(c)(3)(i) of this section. 

(i) (A) Flares shall be used that have a diameter 

of 3 inches or greater, are nonassisted, 

have a hydrogen content of 8.0 percent 

(by volume), or greater, and are designed 

for and operated with an exit velocity 

less than 37.2 m/sec (122 ft/sec) and 

less than the velocity, Vmax, as determined 

by the following equation: 

Vmax=(XH2-K1)* K2

Where: 

Vmax = Maximum permitted velocity, m/sec. 

K1 = Constant, 6.0 volume-percent 

hydrogen. 
2-46 

K2 = Constant, 3.9(m/sec)/volume-percent 

hydrogen. 

XH2 = The volume-percent of hydrogen, on 

a wet basis, as calculated by using 

the American Society for Testing 

and Materials (ASTM) Method D1946-

77. (Incorporated by reference as 

specified in Sec. 60.17). 

(B) The actual exit velocity of a flare shall 

be determined by the method specified in 

paragraph (f)(4) of this section. 

(ii) Flares shall be used only with the net heating 

value of the gas being combusted being 11.2 

MJ/scm (300 Btu/scf) or greater if the flare 

is steam-assisted or air-assisted; or with the 

net heating value of the gas being combusted 

being 7.45 MJ/scm (200 Btu/scf) or greater if 

the flare is nonassisted. The net heating 

value of the gas being combusted shall be 

determined by the methods specified in 

paragraph (f)(3) of this section. 

(4) (i) Steam-assisted and nonassisted flares shall be 

designed for and operated with an exit 

velocity, as determined by the methods 

specified in paragraph (f)(4) of this section, 

less than 18.3 m/sec (60 ft/sec), except as 

provided in paragraphs (c)(4) (ii) and (iii) 

of this section. 

(ii) Steam-assisted and nonassisted flares designed 

for and operated with an exit velocity, as 

determined by the methods specified in 

paragraph (f)(4), equal to or greater than 

18.3 m/sec (60 ft/sec) but less than 122 m/sec 

(400 ft/sec) are allowed if the net heating 

value of the gas being combusted is greater 

than 37.3 MJ/scm (1,000 Btu/scf). 

(iii) Steam-assisted and nonassisted flares designed 

for and operated with an exit velocity, as 

determined by the methods specified in 

paragraph (f)(4), less than the velocity, Vmax, 

as determined by the method specified in 

paragraph (f)(5), and less than 122 m/sec (400 

ft/sec) are allowed. 

(5) Air-assisted flares shall be designed and operated 

with an exit velocity less than the velocity, Vmax, as 

determined by the method specified in paragraph 

(f)(6). 
2-47 

(6) Flares used to comply with this section shall be 

steam-assisted, air-assisted, or nonassisted. 

(d) Owners or operators of flares used to comply with the 

provisions of this subpart shall monitor these control 

devices to ensure that they are operated and maintained in 

conformance with their designs. Applicable subparts will 

provide provisions stating how owners or operators of 

flares shall monitor these control devices. 

(e) Flares used to comply with provisions of this subpart

shall be operated at all times when emissions may be 

vented to them. 

(f) (1) Method 22 of appendix A to this part shall be used to 

determine the compliance of flares with the visible 

emission provisions of this subpart. The observation 

period is 2 hours and shall be used according to 

Method 22. 

(2) The presence of a flare pilot flame shall be 

monitored using a thermocouple or any other 

equivalent device to detect the presence of a flame. 

(3) The net heating value of the gas being combusted in a 

flare shall be calculated using the following 

equation: 

∑

=

= n

i 1

HT K CiHi

Where: 

HT = Net heating value of the sample, MJ/scm; where 

the net enthalpy per mole of offgas is based 

on combustion at 25°C and 760 mm Hg, but the 

standard temperature for determining the 

volume corresponding to one mole is 20°C; 

is 20 C;

scm

g mole

where the s tan dard temperature for

kcal

MJ

scm

g mole

ppm

1

1.740 x 10

K Cons tan t,

17

 ° 

 









 



 



 





















=

−

Ci = Concentration of sample component i in ppm on 

a wet basis, as measured for organics by 

Reference Method 18 and measured for hydrogen 

and carbon monoxide by ASTM D1946-77 or 90 

(Reapproved 1994) (Incorporated by reference 

as specified in Sec. 60.17); and 
2-48 

Hi = Net heat of combustion of sample component i, 

kcal/g mole at 25°C and 760 mm Hg. The heats 

of combustion may be determined using ASTM 

D2382-76 or 88 or D4809-95 (incorporated by 

reference as specified in Sec. 60.17) if 

published values are not available or cannot 

be calculated. 

(4) The actual exit velocity of a flare shall be 

determined by dividing the volumetric flowrate (in 

units of standard temperature and pressure), as 

determined by Reference Methods 2, 2A, 2C, or 2D as 

appropriate; by the unobstructed (free) cross 

sectional area of the flare tip. 

(5) The maximum permitted velocity, Vmax, for flares 

complying with paragraph (c)(4)(iii) shall be 

determined by the following equation. 

Log10 (Vmax)=(HT+28.8)/31.7 

Vmax = Maximum permitted velocity, M/sec 

28.8 = Constant 

31.7 = Constant 

HT = The net heating value as determined in 

paragraph (f)(3). 

(6) The maximum permitted velocity, Vmax, for air-assisted 

flares shall be determined by the following equation. 

Vmax = 8.706 + 0.7084 (HT) 

Vmax = Maximum permitted velocity, m/sec 

8.706 = Constant 

0.7084 = Constant 

HT = The net heating value as determined in 

paragraph (f)(3). 

[51 FR 2701, Jan. 21, 1986, as amended at 63 FR 24444, 

May 4, 1998; 65 FR 61752, Oct. 17, 2000] 

Sec. 60.19 General notification and reporting requirements. 

(a) For the purposes of this part, time periods specified in 

days shall be measured in calendar days, even if the word 

“calendar” is absent, unless otherwise specified in an 

applicable requirement. 

(b) For the purposes of this part, if an explicit postmark 

deadline is not specified in an applicable requirement for 
2-49 

the submittal of a notification, application, report, or 

other written communication to the Administrator, the 

owner or operator shall postmark the submittal on or 

before the number of days specified in the applicable 

requirement. For example, if a notification must be 

submitted 15 days before a particular event is scheduled 

to take place, the notification shall be postmarked on or 

before 15 days preceding the event; likewise, if a 

notification must be submitted 15 days after a particular 

event takes place, the notification shall be delivered or 

postmarked on or before 15 days following the end of the 

event. The use of reliable non-Government mail carriers 

that provide indications of verifiable delivery of 

information required to be submitted to the Administrator, 

similar to the postmark provided by the U.S. Postal 

Service, or alternative means of delivery, including the 

use of electronic media, agreed to by the permitting 

authority, is acceptable. 

(c) Notwithstanding time periods or postmark deadlines 

specified in this part for the submittal of information to 

the Administrator by an owner or operator, or the review 

of such information by the Administrator, such time 

periods or deadlines may be changed by mutual agreement 

between the owner or operator and the Administrator. 

Procedures governing the implementation of this provision 

are specified in paragraph (f) of this section. 

(d) If an owner or operator of an affected facility in a State 

with delegated authority is required to submit periodic 

reports under this part to the State, and if the State has 

an established timeline for the submission of periodic 

reports that is consistent with the reporting 

frequency(ies) specified for such facility under this 

part, the owner or operator may change the dates by which 

periodic reports under this part shall be submitted 

(without changing the frequency of reporting) to be 

consistent with the State’s schedule by mutual agreement 

between the owner or operator and the State. The 

allowance in the previous sentence applies in each State 

beginning 1 year after the affected facility is required 

to be in compliance with the applicable subpart in this 

part. Procedures governing the implementation of this 

provision are specified in paragraph (f) of this section. 

(e) If an owner or operator supervises one or more stationary 

sources affected by standards set under this part and 

standards set under part 61, part 63, or both such parts 

of this chapter, he/she may arrange by mutual agreement 

between the owner or operator and the Administrator (or 

the State with an approved permit program) a common 

schedule on which periodic reports required by each 

applicable standard shall be submitted throughout the 

year. The allowance in the previous sentence applies in 
2-50 

each State beginning 1 year after the stationary source is 

required to be in compliance with the applicable subpart

in this part, or 1 year after the stationary source is 

required to be in compliance with the applicable 40 CFR 

part 61 or part 63 of this chapter standard, whichever is 

latest. Procedures governing the implementation of this 

provision are specified in paragraph (f) of this section. 

(f) (1) (i) Until an adjustment of a time period or 

postmark deadline has been approved by the 

Administrator under paragraphs (f)(2) and 

(f)(3) of this section, the owner or operator 

of an affected facility remains strictly 

subject to the requirements of this part. 

(ii) An owner or operator shall request the 

adjustment provided for in paragraphs (f)(2) 

and (f)(3) of this section each time he or she 

wishes to change an applicable time period or 

postmark deadline specified in this part. 

(2) Notwithstanding time periods or postmark deadlines 

specified in this part for the submittal of 

information to the Administrator by an owner or 

operator, or the review of such information by the 

Administrator, such time periods or deadlines may be 

changed by mutual agreement between the owner or 

operator and the Administrator. An owner or operator 

who wishes to request a change in a time period or 

postmark deadline for a particular requirement shall 

request the adjustment in writing as soon as 

practicable before the subject activity is required 

to take place. The owner or operator shall include 

in the request whatever information he or she 

considers useful to convince the Administrator that 

an adjustment is warranted. 

(3) If, in the Administrator’s judgment, an owner or 

operator’s request for an adjustment to a particular 

time period or postmark deadline is warranted, the 

Administrator will approve the adjustment. The 

Administrator will notify the owner or operator in 

writing of approval or disapproval of the request for 

an adjustment within 15 calendar days of receiving 

sufficient information to evaluate the request. 

(4) If the Administrator is unable to meet a specified 

deadline, he or she will notify the owner or operator 

of any significant delay and inform the owner or 

operator of the amended schedule. 

[59 FR 12428, Mar. 16, 1994, as amended at 64 FR 7463, 

Feb. 12, 1998] 
2-51 

TITLE 40--PROTECTION OF ENVIRONMENT 

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY 

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES-- 

Subpart Dc-Small Industrial –Commercial-Industrial Steam 

Generating Units 

Sec. 60.40c Applicability and delegation of authority. 

(a) Except as provided in paragraph (d) of this section, the 

affected facility to which this subpart applies is each 

steam generating unit for which construction, 

modification, or reconstruction is commenced after June 9, 

1989 and that has a maximum design heat input capacity of 

29 megawatts (MW) (100 million Btu per hour (Btu/hr)) or 

less, but greater than or equal to 2.9 MW (10 million 

Btu/hr). 

(b) In delegating implementation and enforcement authority to 

a State under section 111(c) of the Clean Air Act, 

§ 60.48c(a)(4) shall be retained by the Administrator and 

not transferred to a State. 

(c) Steam generating units which meet the applicability 

requirements in paragraph (a) of this section are not 

subject to the sulfur dioxide (SO2) or particulate matter 

(PM) emission limits, performance testing requirements, or 

monitoring requirements under this subpart (§§ 60.42c, 

60.43c, 60.44c, 60.45c, 60.46c, or 60.47c) during periods 

of combustion research, as defined in § 60.41c. 

(d) Any temporary change to an existing steam generating unit 

for the purpose of conducting combustion research is not 

considered a modification under § 60.14. 

[55 FR 37683, Sept. 12, 1990, as amended at 61 FR 20736, 

Ma 8, 1996] 

Sec. 60.41c Definitions. 

As used in this subpart, all terms not defined herein shall have 

the meaning given them in the Clean Air Act and in subpart A of 

this part. 

Annual capacity factor means the ratio between the actual heat 

input to a steam generating unit from an individual fuel or 

combination of fuels during a period of 12 consecutive calendar 

months and the potential heat input to the steam generating unit 

from all fuels had the steam ch a separate source (such as a 

stationary gas turbine, internal combustion engine, or kiln) 

provides exhaust gas to a steam generating unit. 
2-52 

Coal means all solid fuels classified as anthracite, bituminous, 

subbituminous, or lignite by the American Society for Testing and 

Materials in ASTM D388-77, "Standard Specification for 

Classification of Coals by Rank" (incorporated by reference -- 

see § 60.17); coal refuse; and petroleum coke. Synthetic fuels 

derived from coal for the purpose of creating useful heat, 

including but not limited to solvent-refined coal, gasified coal, 

coal-oil mixtures, and coal-water mixtures, are included in this 

definition for the purposes of this subpart. 

Coal refuse means any by-product of coal mining or coal cleaning 

operations with an ash content greater than 50 percent (by 

weight) and a heating value less than 13,900 kilojoules per 

kilogram (kJ/kg) (6,000 Btu per pound (Btu/lb) on a dry basis. 

Cogeneration steam generating unit means a steam generating unit 

that simultaneously produces both electrical (or mechanical) and 

thermal energy from the same primary energy source. 

Combined cycle system means a system in which a separate source 

(such as a stationary gas turbine, internal combustion engine, or 

kiln) provides exhaust gas to a steam generating unit. 

Combustion research means the experimental firing of any fuel or 

combination of fuels in a steam generating unit for the purpose 

of conducting research and development of more efficient 

combustion or more effective prevention or control of air 

pollutant emissions from combustion, provided that, during these 

periods of research and development, the heat generated is not 

used for any purpose other than preheating combustion air for use 

by that steam generating unit (i.e., the heat generated is 

released to the atmosphere without being used for space heating, 

process heating, driving pumps, preheating combustion air for 

other units, generating electricity, or any other purpose). 

Conventional technology means wet flue gas desulfurization 

technology, dry flue gas desulfurization technology, atmospheric 

fluidized bed combustion technology, and oil hydrodesulfurization 

technology. 

Distillate oil means fuel oil that complies with the 

specifications for fuel oil numbers 1 or 2, as defined by the 

American Society for Testing and Materials in ASTM D396-78, 89, 

90, 92, 96, or 98, "Standard Specification for Fuel Oils" 

(incorporated by reference -- see § 60.17). 

Dry flue gas desulfurization technology means a sulfur dioxide 

(SO2) control system that is located between the steam generating 

unit and the exhaust vent or stack, and that removes sulfur 

oxides from the combustion gases of the steam generating unit by 

contacting the combustion gases with an alkaline slurry or 

solution and forming a dry powder material. This definition 

includes devices where the dry powder material is subsequently 

converted to another form. Alkaline reagents used in dry flue 
2-53 

gas desulfurization systems include, but are not limited to, lime 

and sodium compounds. 

Duct burner means a device that combusts fuel and that is placed 

in the exhaust duct from another source (such as a stationary gas 

turbine, internal combustion engine, kiln, etc.) to allow the 

firing of additional fuel to heat the exhaust gases before the 

exhaust gases enter a steam generating unit. 

Emerging technology means any SO2 control system that is not 

defined as a conventional technology under this section, and for 

which the owner or operator of the affected facility has received 

approval from the Administrator to operate as an emerging 

technology under § 60.48c(a)(4). 

Federally enforceable means all limitations and conditions that 

are enforceable by the Administrator, including the requirements 

of 40 CFR Parts 60 and 61, requirements within any applicable 

State implementation plan, and any permit requirements 

established under 40 CFR 52.21 or under 40 CFR 51.18 and 40 CFR 

51.24. 

Fluidized bed combustion technology means a device wherein fuel 

is distributed onto a bed (or series of beds) of limestone 

aggregate (or other sorbent materials) for combustion; and these 

materials are forced upward in the device by the flow of 

combustion air and the gaseous products of combustion. Fluidized 

bed combustion technology includes, but is not limited to, 

bubbling bed units and circulating bed units. 

Fuel pretreatment means a process that removes a portion of the 

sulfur in a fuel before combustion of the fuel in a steam 

generating unit. 

Heat input means heat derived from combustion of fuel in a steam 

generating unit and does not include the heat derived from 

preheated combustion air, recirculated flue gases, or exhaust 

gases from other sources (such as stationary gas turbines, 

internal combustion engines, and kilns). 

Heat transfer medium means any material that is used to transfer 

heat from one point to another point. 

Maximum design heat input capacity means the ability of a steam 

generating unit to combust a stated maximum amount of fuel (or 

combination of fuels) on a steady state basis as determined by 

the physical design and characteristics of the steam generating 

unit. 

Natural gas means (1) a naturally occurring mixture of 

hydrocarbon and nonhydrocarbon gases found in geologic formations 

beneath the earth's surface, of which the principal constituent 

is methane, or (2) liquefied petroleum (LP) gas, as defined by 

the American Society for Testing and Materials in ASTM D1835-86, 
2-54 

87, 91, or 97, "Standard Specification for Liquefied Petroleum 

Gases" (incorporated by reference -- see § 60.17). 

Noncontinental area means the State of Hawaii, the Virgin 

Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, 

or the Northern Mariana Islands. 

Oil means crude oil or petroleum, or a liquid fuel derived from 

crude oil or petroleum, including distillate oil and residual 

oil. 

Potential sulfur dioxide emission rate means the theoretical SO2

emissions (nanograms per joule [ng/J], or pounds per million Btu 

[lb/million Btu] heat input) that would result from combusting 

fuel in an uncleaned state and without using emission control 

systems. 

Process heater means a device that is primarily used to heat a 

material to initiate or promote a chemical reaction in which the 

material participates as a reactant or catalyst. 

Residual oil means crude oil, fuel oil that does not comply with 

the specifications under the definition of distillate oil, and 

all fuel oil numbers 4, 5, and 6, as defined by the American 

Society for Testing and Materials in ASTM D396-78, 89, 90, 92, 

96, or 98, "Standard Specification for Fuel Oils" (incorporated 

by reference -- see § 60.17). 

Steam generating unit means a device that combusts any fuel and 

produces steam or heats water or any other heat transfer medium. 

This term includes any duct burner that combusts fuel and is part 

of a combined cycle system. This term does not include process 

heaters as defined in this subpart. 

Steam generating unit operating day means a 24-hour period 

between 12:00 midnight and the following midnight during which 

any fuel is combusted at any time in the steam generating unit. 

It is not necessary for fuel to be combusted continuously for the 

entire 24-hour period. 

Wet flue gas desulfurization technology means an SO2 control 

system that is located between the steam generating unit and the 

exhaust vent or stack, and that removes sulfur oxides from the 

combustion gases of the steam generating unit by contacting the 

combustion gases with an alkaline slurry or solution and forming 

a liquid material. This definition includes devices where the 

liquid material is subsequently converted to another form. 

Alkaline reagents used in wet flue gas desulfurization systems 

include, but are not limited to, lime, limestone, and sodium 

compounds. 

Wet scrubber system means any emission control device that mixes 

an aqueous stream or slurry with the exhaust gases from a steam 
2-55 

generating unit to control emissions of particulate matter (PM) 

or SO2. 

Wood means wood, wood residue, bark, or any derivative fuel or 

residue thereof, in any form, including but not limited to 

sawdust, sanderdust, wood chips, scraps, slabs, millings, 

shavings, and processed pellets made from wood or other forest 

residues. 

[55 FR 37683, Sept. 12, 1990, as amended at 61 FR 20736, 

Ma 8, 1996; 65 FR 61752, Oct. 17, 2000] 

Sec. 60.42c Standard for sulfur dioxide. 

(a) Except as provided in paragraphs (b), (c), and (e) of this 

section, on and after the date on which the initial 

performance test is completed or required to be completed 

under § 60.8 of this part, whichever date comes first, the 

owner or operator of an affected facility that combusts 

only coal shall neither: 

(1) cause to be discharged into the atmosphere from that 

affected facility any gases that contain SO2 in 

excess of 10 percent (0.10) of the potential SO2

emission rate (90 percent reduction); nor 

(2) cause to be discharged into the atmosphere from that 

affected facility any gases that contain SO2 in 

excess of 520 ng/J (1.2 lb/million Btu) heat input. 

If coal is combusted with other fuels, the affected 

facility is subject to the 90 percent SO2 reduction 

requirement specified in this paragraph and the 

emission limit is determined pursuant to paragraph 

(e)(2) of this section. 

(b) Except as provided in paragraphs (c) and (e) of this 

section, on and after the date on which the initial 

performance test is completed or required to be completed 

under § 60.8 of this part, whichever date comes first, the 

owner or operator of an affected facility that: 

(1) Combusts coal refuse alone in a fluidized bed 

combustion steam generating unit shall neither: 

(i) Cause to be discharged into the atmosphere 

from that affected facility any gases that 

contain SO2 in excess of 20 percent (0.20) of 

the potential SO2 emission rate (80 percent 

reduction); nor 

(ii) Cause to be discharged into the atmosphere 

from that affected facility any gases that 

contain SO2 in excess of 520 ng/J (1.2 

lb/million Btu) heat input. If coal is fired 
2-56 

with coal refuse, the affected facility is 

subject to paragraph (a) of this section. If 

oil or any other fuel (except coal) is fired 

with coal refuse, the affected facility is 

subject to the 90 percent SO2 reduction 

requirement specified in paragraph (a) of this 

section and the emission limit determined 

pursuant to paragraph (e)(2) of this section. 

(2) Combusts only coal and that uses an emerging 

technology for the control of SO2 emissions shall 

neither: 

(i) Cause to be discharged into the atmosphere 

from that affected facility any gases that 

contain SO2 in excess of 50 percent (0.50) of 

the potential SO2 emission rate (50 percent 

reduction); nor 

(ii) Cause to be discharged into the atmosphere 

from that affected facility any gases that 

contain SO2 in excess of 260 ng/J (0.60 

lb/million Btu) heat input. If coal is 

combusted with other fuels, the affected 

facility is subject to the 50 percent SO2

reduction requirement specified in this 

paragraph and the emission limit determined 

pursuant to paragraph (e)(2) of this section. 

(c) On and after the date on which the initial performance 

test is completed or required to be completed under § 60.8 

of this part, whichever date comes first, no owner or 

operator of an affected facility that combusts coal, alone 

or in combination with any other fuel, and is listed in 

paragraphs (c)(1), (2), (3), or (4) of this section shall 

cause to be discharged into the atmosphere from that 

affected facility any gases that contain SO2 in excess of 

the emission limit determined pursuant to paragraph (e)(2) 

of this section. Percent reduction requirements are not 

applicable to affected facilities under paragraphs (c)(1), 

(2), (3), or (4). 

(1) Affected facilities that have a heat input capacity 

of 22 MW (75 million Btu/hr) or less. 

(2) Affected facilities that have an annual capacity for 

coal of 55 percent (0.55) or less and are subject to 

a Federally enforceable requirement limiting 

operation of the affected facility to an annual 

capacity factor for coal of 55 percent (0.55) or 

less. 

(3) Affected facilities located in a noncontinental area. 
2-57 

(4) Affected facilities that combust coal in a duct 

burner as part of a combined cycle system where 30 

percent (0.30) or less of the heat entering the steam 

generating unit is from combustion of coal in the 

duct burner and 70 percent (0.70) or more of the heat 

entering the steam generating unit is from exhaust 

gases entering the duct burner. 

(d) On and after the date on which the initial performance 

test is completed or required to be completed under § 60.8 

of this part, whichever date comes first, no owner or 

operator of an affected facility that combusts oil shall 

cause to be discharged into the atmosphere from that 

affected facility any gases that contain SO2 in excess of 

215 ng/J (0.50 lb/million Btu) heat input; or, as an 

alternative, no owner or operator of an affected facility 

that combusts oil shall combust oil in the affected 

facility that contains greater than 0.5 weight percent 

sulfur. The percent reduction requirements are not 

applicable to affected facilities under this paragraph. 

(e) On and after the date on which the initial performance 

test is completed or required to be completed under § 60.8 

of this part, whichever date comes first, no owner or 

operator of an affected facility that combusts coal, oil, 

or coal and oil with any other fuel shall cause to be 

discharged into the atmosphere from that affected facility 

any gases that contain SO2 in excess of the following: 

(1) The percent of potential SO2 emission rate required 

under paragraph (a) or (b)(2) of this section, as 

applicable, for any affected facility that 

(i) Combusts coal in combination with any other 

fuel, 

(ii) Has a heat input capacity greater than 22 MW 

(75 million Btu/hr), and 

(iii) Has an annual capacity factor for coal greater 

than 55 percent (0.55); and 

(2) The emission limit determined according to the 

following formula for any affected facility that 

combusts coal, oil, or coal and oil with any other 

fuel: 

Es = (KaHa + KbHb + KcHc)/Ha + Hb + Hc) 

where: 

Es is the SO2 emission limit, expressed in ng/J 

or lb/million Btu heat input, 
2-58 

Ka is 520 ng/J (1.2 lb/million Btu), 

Kb is 260 ng/J (0.60 lb/million Btu), 

Kc is 215 ng/J (0.50 lb/million Btu), 

Ha is the heat input from the combustion of coal, 

except coal combusted in an affected facility 

subject to paragraph (b)(2) of this section, 

in Joules (J) [million Btu] 

Hb is the heat input from the combustion of coal 

in an affected facility subject to paragraph 

(b)(2) of this section, in J (million Btu) 

Hc is the heat input from the combustion of oil, 

in J (million Btu). 

(f) Reduction in the potential SO2 emission rate through fuel 

pretreatment is not credited toward the percent reduction 

requirement under paragraph (b)(2) of this section unless: 

(1) Fuel pretreatment results in a 50 percent (0.50) or 

greater reduction in the potential SO2 emission rate; 

and 

(2) Emissions from the pretreated fuel (without either 

combustion or post-combustion SO2 control) are equal 

to or less than the emission limits specified under 

paragraph (b)(2) of this section. 

(g) Except as provided in paragraph (h) of this section, 

compliance with the percent reduction requirements, fuel 

oil sulfur limits, and emission limits of this section 

shall be determined on a 30-day rolling average basis. 

(h) For affected facilities listed under paragraphs (h)(1), 

(2), or (3) of this section, compliance with the emission 

limits or fuel oil sulfur limits under this section may be 

determined based on a certification from the fuel 

supplier, as described under § 60.48c(f)(1), (2), or (3), 

as applicable. 

(1) Distillate oil-fired affected facilities with heat 

input capacities between 2.9 and 29 MW (10 and 100 

million Btu/hr). 

(2) Residual oil-fired affected facilities with heat 

input capacities between 2.9 and 8.7 MW (10 and 30 

million Btu/hr). 

(3) Coal-fired facilities with heat input capacities 

between 2.9 and 8.7 MW (10 and 30 million Btu/hr). 
2-59 

(i) The SO2 emission limits, fuel oil sulfur limits, and 

percent reduction requirements under this section apply at 

all times, including periods of startup, shutdown, and 

malfunction. 

(j) Only the heat input supplied to the affected facility from 

the combustion of coal and oil is counted under this 

section. No credit is provided for the heat input to the 

affected facility from wood or other fuels or for heat 

derived from exhaust gases from other sources, such as 

stationary gas turbines, internal combustion engines, and 

kilns. 

[55 FR 37683, Sept. 12, 1990, as amended at 65 FR 61753, 

Oct 17, 2000] 

Sec. 60.43c Standard for particulate matter. 

(a) On and after the date on which the initial performance 

test is completed or required to be completed under § 60.8 

of this part, whichever date comes first, no owner or 

operator of an affected facility that combusts coal or 

combusts mixtures of coal with other fuels and has a heat 

input capacity of 8.7 MW (30 million Btu/hr) or greater, 

shall cause to be discharged into the atmosphere from that 

affected facility any gases that contain PM in excess of 

the following emission limits: 

(1) 22 ng/J (0.051 lb/million Btu) heat input if the 

affected facility combusts only coal, or combusts 

coal with other fuels and has an annual capacity 

factor for the other fuels of 10 percent (0.10) or 

less. 

(2) 43 ng/J (0.10 lb/million Btu) heat input if the 

affected facility combusts coal with other fuels, has 

an annual capacity factor for the other fuels greater 

than 10 percent (0.10), and is subject to a federally 

enforceable requirement limiting operation of the 

affected facility to an annual capacity factor 

greater than 10 percent (0.10) for fuels other than 

coal. 

(b) On and after the date on which the initial performance 

test is completed or required to be completed under § 60.8 

of this part, whichever date comes first, no owner or 

operator of an affected facility that combusts wood or 

combusts mixtures of wood with other fuels (except coal) 

and has a heat input capacity of 8.7 MW (30 million 

Btu/hr) or greater, shall cause to be discharged into the 

atmosphere from that affected facility any gases that 

contain PM in excess of the following emissions limits: 
2-60 

(1) 43 ng/J (0.10 lb/million Btu) heat input if the 

affected facility has an annual capacity factor for 

wood greater than 30 percent (0.30); or 

(2) 130 ng/J (0.30 lb/million Btu) heat input if the 

affected facility has an annual capacity factor for 

wood of 30 percent (0.30) or less and is subject to a 

federally enforceable requirement limiting operation 

of the affected facility to an annual capacity factor 

for wood of 30 percent (0.30) or less. 

(c) On and after the date on which the initial performance 

test is completed or required to be completed under § 60.8 

of this part, whichever date comes first, no owner or 

operator of an affected facility that combusts coal, wood, 

or oil and has a heat input capacity of 8.7 MW (30 million 

Btu/hr) or greater shall cause to be discharged into the 

atmosphere from that affected facility any gases that 

exhibit greater than 20 percent opacity (6-minute 

average), except for one 6-minute period per hour of not 

more than 27 percent opacity. 

(d) The PM and opacity standards under this section apply at 

all times, except during periods of startup, shutdown, or 

malfunction. 

[55 FR 37683, Sept. 12, 1990, as amended at 65 FR 61753, 

Oct 17, 2000] 

Sec. 60.44c Compliance and performance test methods and 

procedures for sulfur dioxide. 

(a) Except as provided in paragraphs (g) and (h) of this 

section and in § 60.8(b), performance tests required under 

§ 60.8 shall be conducted following the procedures 

specified in paragraphs (b), (c), (d), (e), and (f) of 

this section, as applicable. Section 60.8(f) does not 

apply to this section. The 30-day notice required in 

§ 60.8(d) applies only to the initial performance test 

unless otherwise specified by the Administrator. 

(b) The initial performance test required under § 60.8 shall 

be conducted over 30 consecutive operating days of the 

steam generating unit. Compliance with the percent 

reduction requirements and SO2 emission limits under 

§ 60.42c shall be determined using a 30-day average. The 

first operating day included in the initial performance 

test shall be scheduled within 30 days after achieving the 

maximum production rate at which the affect facility will 

be operated, but not later than 180 days after the initial 

startup of the facility. The steam generating unit load 

during the 30-day period does not have to be the maximum 

design heat input capacity, but must be representative of 

future operating conditions. 
2-61 

(c) After the initial performance test required under 

paragraph (b) and § 60.8, compliance with the percent 

reduction requirements and SO2 emission limits under 

§ 60.42c is based on the average percent reduction and the 

average S02 emission rates for 30 consecutive steam 

generating unit operating days. A separate performance 

test is completed at the end of each steam generating unit 

operating day, and a new 30-day average percent reduction 

and SO2 emission rate are calculated to show compliance 

with the standard. 

(d) If only coal, only oil, or a mixture of coal and oil is 

combusted in an affected facility, the procedures in 

Method 19 are used to determine the hourly SO2 emission 

rate (Eho) and the 30-day average SO2 emission rate (Eao). 

The hourly averages used to compute the 30-day averages 

are obtained from the continuous emission monitoring 

system (CEMS). Method 19 shall be used to calculate Eao

when using daily fuel sampling or Method 6B. 

(e) If coal, oil, or coal and oil are combusted with other 

fuels: 

(1) An adjusted Eho (Ehoo

) is used in Equation 19-19 of 

Method 19 to compute the adjusted Eao (Eaoo

). The Ehoo 

is computed using the following formula: 

Ehoo

 = [Eho − Ew(1 − Xk)]/Xk

where: 

Ehoo

 is the adjusted Eho, ng/J (lb/million Btu) 

Eho is the hourly SO2 emission rate, ng/J 

(lb/million Btu) 

Ew is the SO2 concentration in fuels other than 

coal and oil combusted in the affected 

facility, as determined by fuel sampling and 

analysis procedures in Method 9, ng/J 

(lb/million Btu). The value Ew for each fuel 

lot is used for each hourly average during the 

time that the lot is being combusted. The 

owner or operator does not have to measure Ew

if the owner or operator elects to assume Ew = 

0. 

Xk is the fraction of the total heat input from 

fuel combustion derived from coal and oil, as 

determined by applicable procedures in Method 

19. 
2-62 

(2) The owner or operator of an affected facility that 

qualifies under the provisions of § 60.42c(c) or (d) 

[where percent reduction is not required] does not 

have to measure the parameters Ew or Xk if the owner 

or operator of the affected facility elects to 

measure emission rates of the coal or oil using the 

fuel sampling and analysis procedures under Method 

19. 

(f) Affected facilities subject to the percent reduction 

requirements under § 60.42c(a) or (b) shall determine 

compliance with the SO2 emission limits under § 60.42c 

pursuant to paragraphs (d) or (e) of this section, and 

shall determine compliance with the percent reduction 

requirements using the following procedures: 

(1) If only coal is combusted, the percent of potential 

SO2 emission rate is computed using the following 

formula: 

%Ps = 100(1 − %Rg/100)(1 − %Rf/100) 

where 

%Ps is the percent of potential SO2 emission rate, 

in percent 

%Rg is the SO2 removal efficiency of the control 

device as determined by Method 19, in percent 

%Rf is the SO2 removal efficiency of fuel 

pretreatment as determined by Method 19, in 

percent 

(2) If coal, oil, or coal and oil are combusted with 

other fuels, the same procedures required in 

paragraph (f)(1) of this section are used, except as 

provided for in the following: 

(i) To compute the %Ps, an adjusted %Rg (%Rg

o

) is 

computed from Eaoo

 from paragraph (e)(1) of 

this section and an adjusted average SO2 inlet 

rate (Eaio

) using the following formula: 

%Rg

o

 = 100 [1.0 − Eaoo/Eaio)] 

where: 

%Rg

o

 is the adjusted %Rg, in percent 

Eaoo

 is the adjusted Eao, ng/J (lb/million Btu) 

Eaio

 is the adjusted average SO2 inlet rate, 

ng/J (lb/million Btu) 
2-63 

(ii) To compute Eaio

, an adjusted hourly SO2 inlet 

rate (Ehio

) is used. The Ehio is computed using 

the following formula: 

Ehio

 = [Ehi − Ew (1 − Xk)]/Xk

where: 

Ehio

 is the adjusted Ehi, ng/J (lb/million Btu) 

Ehi is the hourly SO2 inlet rate, ng/J 

(lb/million Btu) 

Ew is the SO2 concentration in fuels other 

than coal and oil combusted in the 

affected facility, as determined by fuel 

sampling and analysis procedures in 

Method 19, ng/J (lb/million Btu). The 

value Ew for each fuel lot is used for 

each hourly average during the time that 

the lot is being combusted. The owner or 

operator does not have to measure Ew if 

the owner or operator elects to assume Ew

= O. 

Xk is the fraction of the total heat input 

from fuel combustion derived from coal 

and oil, as determined by applicable 

procedures in Method 19. 

(g) For oil-fired affected facilities where the owner or 

operator seeks to demonstrate compliance with the fuel oil 

sulfur limits under § 60.42c based on shipment fuel 

sampling, the initial performance test shall consist of 

sampling and analyzing the oil in the initial tank of oil 

to be fired in the steam generating unit to demonstrate 

that the oil contains 0.5 weight percent sulfur or less. 

Thereafter, the owner or operator of the affected facility 

shall sample the oil in the fuel tank after each new 

shipment of oil is received, as described under 

§ 60.46c(d)(2). 

(h) For affected facilities subject to § 60.42c(h)(1), (2), or 

(3) where the owner or operator seeks to demonstrate 

compliance with the SO2 standards based on fuel supplier 

certification, the performance test shall consist of the 

certification, the certification from the fuel supplier, 

as described under § 60.48c(f)(1), (2), or (3), as 

applicable. 

(i) The owner or operator of an affected facility seeking to 

demonstrate compliance with the SO2 standards under 

§ 60.42c(c)(2) shall demonstrate the maximum design heat 
2-64 

input capacity of the steam generating unit by operating 

the steam generating unit at this capacity for 24 hours. 

This demonstration shall be made during the initial 

performance test, and a subsequent demonstration may be 

requested at any other time. If the demonstrated 24-hour 

average firing rate for the affected facility is less than 

the maximum design heat input capacity stated by the 

manufacturer of the affected facility, the demonstrated 

24-hour average firing rate shall be used to determine the 

annual capacity factor for the affected facility; 

otherwise, the maximum design heat input capacity provided 

by the manufacturer shall be used. 

(j) The owner or operator of an affected facility shall use 

all valid SO2 emissions data in calculating %Ps and Eho

under paragraphs (d), (e), or (f) of this section, as 

applicable, whether or not the minimum emissions data 

requirements under § 60.46c(f) are achieved. All valid 

emissions data, including valid data collected during 

periods of startup, shutdown, and malfunction, shall be 

used in calculating %Ps or Eho pursuant to paragraphs (d), 

(e), or (f) of this section, as applicable. 

[55 FR 37683, Sept. 12, 1990, as amended at 65 FR 61753, 

Oct. 17, 2000] 

Sec. 60.45c Compliance and performance test methods and 

procedures for particulate matter. 

(a) The owner or operator of an affected facility subject to 

the PM and/or opacity standards under § 60.43c shall 

conduct an initial performance test as required under 

§ 60.8, and shall conduct subsequent performance tests as 

requested by the Administrator, to determine compliance 

with the standards using the following procedures and 

reference methods. 

(1) Method 1 shall be used to select the sampling site 

and the number of traverse sampling points. 

(2) Method 3 shall be used for gas analysis when applying 

Method 5, Method 5B, or Method 17. 

(3) Method 5, Method 5B, or Method 17 shall be used to 

measure the concentration of PM as follows: 

(i) Method 5 may be used only at affected 

facilities without wet scrubber systems. 

(ii) Method 17 may be used at affected facilities 

with or without wet scrubber systems provided 

the stack gas temperature does not exceed a 

temperature of 160 °C (320 °F). The procedures 

of Sections 8.1 and 11.1 of Method 5B may be 
2-65 

used in Method 17 only if Method 17 is used in 

conjunction with a wet scrubber system. 

Method 17 shall not be used in conjunction 

with a wet scrubber system if the effluent is 

saturated or laden with water droplets. 

(iii) Method 5B may be used in conjunction with a 

wet scrubber system. 

(4) The sampling time for each run shall be at least 120 

minutes and the minimum sampling volume shall be 1.7 

dry standard cubic meters (dscm) [60 dry standard 

cubic feet (dscf)] except that smaller sampling times 

or volumes may be approved by the Administrator when 

necessitated by process variables or other factors. 

(5) For Method 5 or Method 5B, the temperature of the 

sample gas in the probe and filter holder shall be 

monitored and maintained at 160±14 °C (320±25 °F). 

(6) For determination of PM emissions, an oxygen or 

carbon dioxide measurement shall be obtained 

simultaneously with each run of Method 5, Method 5B, 

or Method 17 by traversing the duct at the same 

sampling location. 

(7) For each run using Method 5, Method 5B, or Method 17, 

the emission rates expressed in ng/J (lb/million Btu) 

heat input shall be determined using: 

(i) The oxygen or carbon dioxide measurements and 

PM measurements obtained under this section, 

(ii) The dry basis F-factor, and 

(iii) The dry basis emission rate calculation 

procedure contained in Method 19 (appendix A). 

(8) Method 9 (6-minute average of 24 observations) shall 

be used for determining the opacity of stack 

emissions. 

(b) The owner or operator of an affected facility seeking to 

demonstrate compliance with the PM standards under 

§ 60.43c(b)(2) shall demonstrate the maximum design heat 

input capacity of the steam generating unit by operating 

the steam generating unit at this capacity for 24 hours. 

This demonstration shall be made during the initial 

performance test, and a subsequent demonstration may be 

requested at any other time. If the demonstrated 24-hour 

average firing rate for the affected facility is less than 

the maximum design heat input capacity stated by the 

manufacturer of the affected facility, the demonstrated 

24-hour average firing rate shall be used to determine the 
2-66 

annual capacity factor for the affected facility; 

otherwise, the maximum design heat input capacity provided 

by the manufacturer shall be used. 

[55 FR 37683, Sept. 12, 1990, as amended at 65 FR 61753, 

Oct 17, 2000] 

Sec. 60.46c Emission monitoring for sulfur dioxide 

(a) Except as provided in paragraphs (d) and (e) of this 

section, the owner or operator of an affected facility 

subject to the SO2 emission limits under § 60.42c shall 

install, calibrate, maintain, and operate a CEMS for 

measuring SO2 concentrations and either oxygen or carbon 

dioxide concentrations at the outlet of the SO2 control 

device (or the outlet of the steam generating unit if no 

SO2 control device is used), and shall record the output 

of the system. The owner or operator of an affected 

facility subject to the percent reduction requirements 

under § 60.42c shall measure SO2 concentrations and either 

oxygen or carbon dioxide concentrations at both the inlet 

and outlet of the SO2 control device. 

(b) The 1-hour average SO2 emission rates measured by a CEMS 

shall be expressed in ng/J or lb/million Btu heat input 

and shall be used to calculate the average emission rates 

under § 60.42c. Each 1-hour average SO2 emission rate 

must be based on at least 30 minutes of operation and 

include at least 2 data points representing two 15-minute 

periods. Hourly SO2 emission rates are not calculated if 

the affected facility is operated less than 30 minutes in 

a 1-hour period and are not counted toward determination 

of a steam generating unit operating day. 

(c) The procedures under § 60.13 shall be followed for 

installation, evaluation, and operation of the CEMS. 

(1) All CEMS shall be operated in accordance with the 

applicable procedures under Performance 

Specifications 1, 2, and 3 (appendix B). 

(2) Quarterly accuracy determinations and daily 

calibration drift tests shall be performed in 

accordance with Procedure 1 (appendix F). 

(3) For affected facilities subject to the percent 

reduction requirements under § 60.42c, the span value 

of the SO2 CEMS at the inlet to the SO2 control 

device shall be 125 percent of the maximum estimated 

hourly potential SO2 emission rate of the fuel 

combusted, and the span value of the SO2 CEMS at the 

outlet from the SO2 control device shall be 50 

percent of the maximum estimated hourly potential SO2

emission rate of the fuel combusted. 
2-67 

(4) For affected facilities that are not subject to the 

percent reduction requirements of § 60.42c, the span 

value of the SO2 CEMS at the outlet from the SO2

control device (or outlet of the steam generating 

unit if no SO2 control device is used) shall be 125 

percent of the maximum estimated hourly potential SO2

emission rate of the fuel combusted. 

(d) As an alternative to operating a CEMS at the inlet to the 

SO2 control device (or outlet of the steam generating unit 

if no SO2 control device is used) as required under 

paragraph (a) of this section, an owner or operator may 

elect to determine the average SO2 emission rate by 

sampling the fuel prior to combustion. As an alternative 

to operating a CEMS at the outlet from the SO2 control 

device (or outlet of the steam generating unit if no SO2

control device is used) as required under paragraph (a) of 

this section, an owner or operator may elect to determine 

the average SO2 emission rate by using Method 6B. Fuel 

sampling shall be conducted pursuant to either paragraph 

(d)(1) or (d)(2) of this section. Method 6B shall be 

conducted pursuant to paragraph (d)(3) of this section. 

(1) For affected facilities combusting coal or oil, coal 

or oil samples shall be collected daily in an asfired condition at the inlet to the steam generating 

unit and analyzed for sulfur content and heat content 

according the Method 19. Method 19 provides 

procedures for converting these measurements into the 

format to be used in calculating the average SO2

input rate. 

(2) As an alternative fuel sampling procedure for 

affected facilities combusting oil, oil samples may 

be collected from the fuel tank for each steam 

generating unit immediately after the fule tank is 

filled and before any oil is combusted. The owner or 

operator of the affected facility shall analyze the 

oil sample to determine the sulfur content of the 

oil. If a partially empty fuel tank is refilled, a 

new sample and analysis of the fuel in the tank would 

be required upon filling. Results of the fuel 

analysis taken after each new shipment of oil is 

received shall be used as the daily value when 

calculating the 30-day rolling average until the next 

shipment is received. If the fuel analysis shows 

that the sulfur content in the fuel tank is greater 

than 0.5 weight percent sulfur, the owner or operator 

shall ensure that the sulfur content of subsequent 

oil shipments is low enough to cause the 30-day 

rolling average sulfur content to be 0.5 weight 

percent sulfur or less. 
2-68 

(3) Method 6B may be used in lieu of CEMS to measure SO2

at the inlet or outlet of the SO2 control system. An 

initial stratification test is required to verify the 

adequacy of the Method 6B sampling location. The 

stratification test shall consist of three paired 

runs of a suitable SO2 and carbon dioxide measurement 

train operated at the candidate location and a second 

similar train operated according to the procedures in 

§ 3.2 and the applicable procedures in section 7 of 

Performance Specification 2 (appendix B). Method 6B, 

Method 6A, or a combination of Methods 6 and 3 or 

Methods 6C and 3A are suitable measurement 

techniques. If Method 6B is used for the second 

train, sampling time and timer operation may be 

adjusted for the stratification test as long as an 

adequate sample volume is collected; however, both 

sampling trains are to be operated similarly. For 

the location to be adequate for Method 6B 24-hour 

tests, the mean of the absolute difference between 

the three paired runs must be less than 10 percent 

(0.10). 

(e) The monitoring requirements of paragraphs (a) and (d) of 

this section shall not apply to affected facilities 

subject to § 60.42c(h) (1), (2), or (3) where the owner or 

operator of the affected facility seeks to demonstrate 

compliance with the SO2 standards based on fuel supplier 

certification, as described under § 60.48c(f) (1), (2), or 

(3), as applicable. 

(f) The owner or operator of an affected facility operating a 

CEMS pursuant to paragraph (a) of this section, or 

conducting as-fired fuel sampling pursuant to paragraph 

(d)(1) of this section, shall obtain emission data for at 

least 75 percent of the operating hours in at least 22 out 

of 30 successive steam generating unit operating days. If 

this minimum data requirement is not met with a single 

monitoring system, the owner or operator of the affected 

facility shall supplement the emission data with data 

collected with other monitoring systems as approved by the 

Administrator. 

[55 FR 37683, Sept. 12, 1990, as amended at 65 FR 61753, 

Oct 17, 2000] 

Sec. 60.47c Emission monitoring for particulate matter. 

(a) The owner or operator of an affected facility combusting 

coal, residual oil, or wood that is subject to the opacity 

standards under § 60.43c shall install, calibrate, 

maintain, and operate a COMS for measuring the opacity of 

the emissions discharged to the atmosphere and record the 

output of the system. 
2-69 

(b) All COMS for measuring opacity shall be operated in 

accordance with the applicable procedures under 

Performance Specification 1 (appendix B). The span value 

of the opacity COMS shall be between 60 and 80 percent. 

[55 FR 37683, Sept. 12, 1990, as amended at 65 FR 61753, 

Oct. 17, 2000] 

Sec. 60.48c Reporting and recordkeeping requirements. 

(a) The owner or operator of each affected facility shall 

submit notification of the date of construction or 

reconstruction, anticipated startup, and actual startup, 

as provided by § 60.7 of this part. This notification 

shall include: 

(1) The design heat input capacity of the affected 

facility and identification of fuels to be combusted 

in the affected facility. 

(2) If applicable, a copy of any Federally enforceable 

requirement that limits the annual capacity factor 

for any fuel or mixture of fuels under § 60.42c, or 

§ 60.43c. 

(3) The annual capacity factor at which the owner or 

operator anticipates operating the affected facility 

based on all fuels fired and based on each individual 

fuel fired. 

(4) Notification if an emerging technology will be used 

for controlling SO2 emissions. The Administrator 

will examine the description of the control device 

and will determine whether the technology qualifies 

as an emerging technology. In making this 

determination, the Administrator may require the 

owner or operator of the affected facility to submit 

additional information concerning the control device. 

The affected facility is subject to the provisions of 

§ 60.42c(a) or (b)(1), unless and until this 

determination is made by the Administrator. 

(b) The owner or operator of each affected facility subject to 

the SO2 emission limits of § 60.42c, or the PM or opacity 

limits of § 60.43c, shall submit to the Administrator the 

performance test data from the initial and any subsequent 

performance tests and, if applicable, the performance 

evaluation of the CEMS and/or COMS using the applicable 

performance specifications in appendix B. 

(c) The owner or operator of each coal-fired, residual oilfired, or wood-fired affected facility subject to the 

opacity limits under § 60.43c(c) shall submit excess 
2-70 

emission reports for any excess emissions from the 

affected facility which occur during the reporting period. 

(d) The owner or operator of each affected facility subject to 

the SO2 emission limits, fuel oil sulfur limits, or 

percent reduction requirements under § 60.42c shall submit 

reports to the Administrator. 

(e) The owner or operator of each affected facility subject to 

the SO2 emission limits, fuel oil sulfur limits, or 

percent reduction requirements under § 60.43c shall keep 

records and submit reports as required under paragraph (d) 

of this section, including the following information, as 

applicable. 

(1) Calendar dates covered in the reporting period. 

(2) Each 30-day average SO2 emission rate (nj/J or 

lb/million Btu), or 30-day average sulfur content 

(weight percent), calculated during the reporting 

period, ending with the last 30-day period; reasons 

for any noncompliance with the emission standards; 

and a description of corrective actions taken. 

(3) Each 30-day average percent of potential SO2 emission 

rate calculated during the reporting period, ending 

with the last 30-day period; reasons for any 

noncompliance with the emission standards; and a 

description of the corrective actions taken. 

(4) Identification of any steam generating unit operating 

days for which SO2 or diluent (oxygen or carbon 

dioxide) data have not been obtained by an approved 

method for at least 75 percent of the operating 

hours; justification for not obtaining sufficient 

data; and a description of corrective actions taken. 

(5) Identification of any times when emissions data have 

been excluded from the calculation of average 

emission rates; justification for excluding data; and 

a description of corrective actions taken if data 

have been excluded for periods other than those 

during which coal or oil were not combusted in the 

steam generating unit. 

(6) Identification of the F factor used in calculations, 

method of determination, and type of fuel combusted. 

(7) Identification of whether averages have been obtained 

based on CEMS rather than manual sampling methods. 

(8) If a CEMS is used, identification of any times when 

the pollutant concentration exceeded the full span of 

the CEMS. 
2-71 

(9) If a CEMS is used, description of any modifications 

to the CEMS that could affect the ability of the CEMS 

to comply with Performance Specifications 2 or 3 

(appendix B). 

(10) If a CEMS is used, results of daily CEMS drift tests 

and quarterly accuracy assessments as required under 

appendix F, Procedure 1. 

(11) If fuel supplier certification is used to demonstrate 

compliance, records of fuel supplier certification is 

used to demonstrate compliance, records of fuel 

supplier certification as described under paragraph 

(f)(1), (2), or (3) of this section, as applicable. 

In addition to records of fuel supplier 

certifications, the report shall include a certified 

statement signed by the owner or operator of the 

affected facility that the records of fuel supplier 

certifications submitted represent all of the fuel 

combusted during the reporting period. 

(f) Fuel supplier certification shall include the following 

information: 

(1) For distillate oil: 

(i) The name of the oil supplier; and 

(ii) A statement from the oil supplier that the oil 

complies with the specifications under the 

definition of distillate oil in § 60.41c. 

(2) For residual oil: 

(i) The name of the oil supplier; 

(ii) The location of the oil when the sample was 

drawn for analysis to determine the sulfur 

content of the oil, specifically including 

whether the oil was sampled as delivered to 

the affected facility, or whether the sample 

was drawn from oil in storage at the oil 

supplier's or oil refiner's facility, or other 

location; 

(iii) The sulfur content of the oil from which the 

shipment came (or of the shipment itself); and 

(iv) The method used to determine the sulfur 

content of the oil. 
2-72 

(3) For coal: 

(i) The name of the coal supplier; 

(ii) The location of the coal when the sample was 

collected for analysis to determine the 

properties of the coal, specifically including 

whether the coal was sampled as delivered to 

the affected facility or whether the sample 

was collected from coal in storage at the 

mine, at a coal preparation plant, at a coal 

supplier's facility, or at another location. 

The certification shall include the name of 

the coal mine (and coal seam), coal storage 

facility, or coal preparation plant (where the 

sample was collected); 

(iii) The results of the analysis of the coal from 

which the shipment came (or of the shipment 

itself) including the sulfur content, moisture 

content, ash content, and heat content; and 

(iv) The methods used to determine the properties 

of the coal. 

(g) The owner or operator of each affected facility shall 

record and maintain records of the amounts of each fuel 

combusted during each day. 

(h) The owner or operator of each affected facility subject to 

a Federally enforceable requirement limiting the annual 

capacity factor for any fuel or mixture of fuels under 

§ 60.42c or § 60.43c shall calculate the annual capacity 

factor individually for each fuel combusted. The annual 

capacity factor is determined on a 12-month rolling 

average basis with a new annual capacity factor calculated 

at the end of the calendar month. 

(i) All records required under this section shall be 

maintained by the owner or operator of the affected 

facility for a period of two years following the date of 

such record. 

(j) The reporting period for the reports required under this 

subpart is each six-month period. All reports shall be 

submitted to the Administrator and shall be postmarked by 

the 30th day following the end of the reporting period. 

[55 FR 37683, Sept. 12, 1990, as amended at 64 FR 7465, 

Feb 12, 1999; 65 FR 61753, Oct. 17, 2000] 
2-73 

TITLE 40--PROTECTION OF ENVIRONMENT 

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY 

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES— 

Subpart Kb -- Standards of Performance for Volatile 

Organic Liquid Storage Vessels (Including Petroleum Liquid 

Storage Vessels) for Which Construction, Reconstruction, 

or Modification Commenced After July 23, 1984 

Source: 52 FR 11429, Apr. 8, 1987, unless otherwise noted. 

§60.110b - Applicability and designation of affected facility.

(a) Except as provided in paragraphs (b), (c), and (d) of this 

section, the affected facility to which this subpart 

applies is each storage vessel with a capacity greater 

than or equal to 40 cubic meters (m3

) that is used to 

store volatile organic liquids (VOLs) for which 

construction, reconstruction, or modification is commenced 

after July 23, 1984. 

(b) Except as specified in paragraphs (a) and (b) of §60.116b, 

storage vessels with design capacity less than 75 m3

 are 

exempt from the General Provisions (part 60, subpart A) 

and from the provisions of this subpart. 

(c) Except as specified in paragraphs (a) and (b) of §60.116b, 

vessels either with a capacity greater than or equal to 

151 m3

 storing a liquid with a maximum true vapor pressure 

less than 3.5 kPa or with a capacity greater than or equal 

to 75 m3

 but less than 151 m3 storing a liquid with a 

maximum true vapor pressure less than 15.0 kPa are exempt 

from the General Provisions (part 60, subpart A) and from 

the provisions of this subpart. 

(d) This subpart does not apply to the following: 

(1) Vessels at coke oven by-product plants. 

(2) Pressure vessels designed to operate in excess of 

204.9 kPa and without emissions to the atmosphere. 

(3) Vessels permanently attached to mobile vehicles such 

as trucks, railcars, barges, or ships. 

(4) Vessels with a design capacity less than or equal to 

1,589.874 m3

 used for petroleum or condensate stored, 

processed, or treated prior to custody transfer. 

(5) Vessels located at bulk gasoline plants. 

(6) Storage vessels located at gasoline service stations. 
2-74 

(7) Vessels used to store beverage alcohol. 

(e) Alternative means of compliance 

(1) Option to comply with part 65. Owners or operators 

may choose to comply with 40 CFR part 65, subpart C, 

to satisfy the requirements of §§60.112b through 

60.117b for storage vessels that are subject to this 

subpart that meet the specifications in paragraphs 

(e)(1)(i) and (ii) of this section. When choosing to 

comply with 40 CFR part 65, subpart C, the monitoring 

requirements of §60.116b(c), (e), (f)(1), and (g) 

still apply. Other provisions applying to owners or 

operators who choose to comply with 40 CFR part 65 

are provided in 40 CFR 65.1. 

(i) A storage vessel with a design capacity 

greater than or equal to 151 m3

 containing a 

VOL that, as stored, has a maximum true vapor 

pressure equal to or greater than 5.2 kPa; or 

(ii) A storage vessel with a design capacity 

greater than 75 m3

 but less than 151 m3

containing a VOL that, as stored, has a 

maximum true vapor pressure equal to or 

greater than 27.6 kPa. 

(2) Part 60, subpart A. Owners or operators who choose 

to comply with 40 CFR part 65, subpart C, must also 

comply with §§60.1, 60.2, 60.5, 60.6, 60.7(a)(1) and 

(4), 60.14, 60.15, and 60.16 for those storage 

vessels. All sections and paragraphs of subpart A of 

this part that are not mentioned in this paragraph 

(e)(2) do not apply to owners or operators of storage 

vessels complying with 40 CFR part 65, subpart C, 

except that provisions required to be met prior to 

implementing 40 CFR part 65 still apply. Owners and 

operators who choose to comply with 40 CFR Part 65, 

subpart C, must comply with 40 CFR part 65, subpart 

A. 

(3) Internal floating roof report. If an owner or 

operator installs an internal floating roof and, at 

initial startup, chooses to comply with 40 CFR part 

65, subpart C, a report shall be furnished to the 

Administrator stating that the control equipment 

meets the specifications of 40 CFR 65.43. This 

report shall be an attachment to the notification 

required by 40 CFR 65.5(b). 

(4) External floating roof report. If an owner or 

operator installs an external floating roof and, at 

initial startup, chooses to comply with 40 CFR part 

65, subpart C, a report shall be furnished to the 
2-75 

Administrator stating that the control equipment 

meets the specifications of 40 CFR 65.44. This 

report shall be an attachment to the notification 

required by 40 CFR 65.5(b). 

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 

1989; 65 FR 78275, Dec. 14, 2000] 

§60.111b - Definitions. 

Terms used in this subpart are defined in the Act, in subpart A 

of this part, or in this subpart as follows: 

(a) Bulk gasoline plant means any gasoline distribution 

facility that has a gasoline throughput less than or equal 

to 75,700 liters per day. Gasoline throughput shall be 

the maximum calculated design throughput as may be limited 

by compliance with an enforceable condition under Federal 

requirement or Federal, State or local law, and 

discoverable by the Administrator and any other person. 

(b) Condensate means hydrocarbon liquid separated from natural 

gas that condenses due to changes in the temperature or 

pressure, or both, and remains liquid at standard 

conditions. 

(c) Custody transfer means the transfer of produced petroleum 

and/or condensate, after processing and/or treatment in 

the producing operations, from storage vessels or 

automatic transfer facilities to pipelines or any other 

forms of transportation. 

(d) Fill means the introduction of VOL into a storage vessel 

but not necessarily to complete capacity. 

(e) Gasoline service station means any site where gasoline is 

dispensed to motor vehicle fuel tanks from stationary 

storage tanks. 

(f) Maximum true vapor pressure means the equilibrium partial 

pressure exerted by the stored VOL at the temperature 

equal to the highest calendar-month average of the VOL 

storage temperature for VOLs stored above or below the 

ambient temperature or at the local maximum monthly 

average temperature as reported by the National Weather 

Service for VOLs stored at the ambient temperature, as 

determined: 

(1) In accordance with methods described in American 

Petroleum institute Bulletin 2517, Evaporation Loss 

From External Floating Roof Tanks, (incorporated by 

reference -- see §60.17); or 

(2) As obtained from standard reference texts; or 
2-76 

(3) As determined by ASTM D2879-83, 96, or 97 

(incorporated by reference -- see §60.17); 

(4) Any other method approved by the Administrator. 

(g) Reid vapor pressure means the absolute vapor pressure of 

volatile crude oil and volatile nonviscous petroleum 

liquids except liquefied petroleum gases, as determined by 

ASTM D323-82 or 94 (incorporated by reference -- see 

§60.17). 

(h) Petroleum means the crude oil removed from the earth and 

the oils derived from tar sands, shale, and coal. 

(i) Petroleum liquids means petroleum, condensate, and any 

finished or intermediate products manufactured in a 

petroleum refinery. 

(j) Storage vessel means each tank, reservoir, or container 

used for the storage of volatile organic liquids but does 

not include: 

(1) Frames, housing, auxiliary supports, or other 

components that are not directly involved in the 

containment of liquids or vapors; or 

(2) Subsurface caverns or porous rock reservoirs. 

(k) Volatile organic liquid (VOL) means any organic liquid 

which can emit volatile organic compounds into the 

atmosphere except those VOLs that emit only those 

compounds which the Administrator has determined do not 

contribute appreciably to the formation of ozone. These 

compounds are identified in EPA statements on ozone 

abatement policy for SIP revisions (42 FR 35314, 44 FR 

32042, 45 FR 32424, and 45 FR 48941). 

(l) Waste means any liquid resulting from industrial, 

commercial, mining or agricultural operations, or from 

community activities that is discarded or is being 

accumulated, stored, or physically, chemically, or 

biologically treated prior to being discarded or recycled. 

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, 

Aug. 11, 1989; 65 FR 61756, Oct. 17, 2000] 

§60.112b - Standard for volatile organic compounds (VOC). 

(a) The owner or operator of each storage vessel either with a 

design capacity greater than or equal to 151 m 3

containing a VOL that, as stored, has a maximum true vapor 

pressure equal to or greater than 5.2 kPa but less than 

76.6 kPa or with a design capacity greater than or equal 
2-77 

to 75 m 3

 but less than 151 m 3 containing a VOL that, as 

stored, has a maximum true vapor pressure equal to or 

greater than 27.6 kPa but less than 76.6 kPa, shall equip 

each storage vessel with one of the following: 

(1) A fixed roof in combination with an internal floating 

roof meeting the following specifications: 

(i) The internal floating roof shall rest or float 

on the liquid surface (but not necessarily in 

complete contact with it) inside a storage 

vessel that has a fixed roof. The internal 

floating roof shall be floating on the liquid 

surface at all times, except during initial 

fill and during those intervals when the 

storage vessel is completely emptied or 

subsequently emptied and refilled. When the 

roof is resting on the leg supports, the 

process of filling, emptying, or refilling 

shall be continuous and shall be accomplished 

as rapidly as possible. 

(ii) Each internal floating roof shall be equipped 

with one of the following closure devices 

between the wall of the storage vessel and the 

edge of the internal floating roof: 

(A) A foam- or liquid-filled seal mounted in 

contact with the liquid (liquid-mounted 

seal). A liquid-mounted seal means a 

foam- or liquid-filled seal mounted in 

contact with the liquid between the wall 

of the storage vessel and the floating 

roof continuously around the 

circumference of the tank. 

(B) Two seals mounted one above the other so 

that each forms a continuous closure that 

completely covers the space between the 

wall of the storage vessel and the edge 

of the internal floating roof. The lower 

seal may be vapor-mounted, but both must 

be continuous. 

(C) A mechanical shoe seal. A mechanical 

shoe seal is a metal sheet held 

vertically against the wall of the 

storage vessel by springs or weighted 

levers and is connected by braces to the 

floating roof. A flexible coated fabric 

(envelope) spans the annular space 

between the metal sheet and the floating 

roof. 
2-78 

(iii) Each opening in a noncontact internal floating 

roof except for automatic bleeder vents 

(vacuum breaker vents) and the rim space vents 

is to provide a projection below the liquid 

surface. 

(iv) Each opening in the internal floating roof 

except for leg sleeves, automatic bleeder 

vents, rim space vents, column wells, ladder 

wells, sample wells, and stub drains is to be 

equipped with a cover or lid which is to be 

maintained in a closed position at all times 

(i.e., no visible gap) except when the device 

is in actual use. The cover or lid shall be 

equipped with a gasket. Covers on each access 

hatch and automatic gauge float well shall be 

bolted except when they are in use. 

(v) Automatic bleeder vents shall be equipped with 

a gasket and are to be closed at all times 

when the roof is floating except when the roof 

is being floated off or is being landed on the 

roof leg supports. 

(vi) Rim space vents shall be equipped with a 

gasket and are to be set to open only when the 

internal floating roof is not floating or at 

the manufacturer’s recommended setting. 

(vii) Each penetration of the internal floating roof 

for the purpose of sampling shall be a sample 

well. The sample well shall have a slit 

fabric cover that covers at least 90 percent 

of the opening. 

(viii) Each penetration of the internal floating roof 

that allows for passage of a column supporting 

the fixed roof shall have a flexible fabric 

sleeve seal or a gasketed sliding cover. 

(ix) Each penetration of the internal floating roof 

that allows for passage of a ladder shall have 

a gasketed sliding cover. 

(2) An external floating roof. An external floating roof 

means a pontoon-type or double-deck type cover that 

rests on the liquid surface in a vessel with no fixed 

roof. Each external floating roof must meet the 

following specifications: 

(i) Each external floating roof shall be equipped 

with a closure device between the wall of the 

storage vessel and the roof edge. The closure 

device is to consist of two seals, one above 
2-79 

the other. The lower seal is referred to as 

the primary seal, and the upper seal is 

referred to as the secondary seal. 

(A) The primary seal shall be either a 

mechanical shoe seal or a liquid-mounted 

seal. Except as provided in 

§60.113b(b)(4), the seal shall completely 

cover the annular space between the edge 

of the floating roof and tank wall. 

(B) The secondary seal shall completely cover 

the annular space between the external 

floating roof and the wall of the storage 

vessel in a continuous fashion except as 

allowed in §60.113b(b)(4). 

(ii) Except for automatic bleeder vents and rim 

space vents, each opening in a noncontact 

external floating roof shall provide a 

projection below the liquid surface. Except 

for automatic bleeder vents, rim space vents, 

roof drains, and leg sleeves, each opening in 

the roof is to be equipped with a gasketed 

cover, seal, or lid that is to be maintained 

in a closed position at all times (i.e., no 

visible gap) except when the device is in 

actual use. Automatic bleeder vents are to be 

closed at all times when the roof is floating 

except when the roof is being floated off or 

is being landed on the roof leg supports. Rim 

vents are to be set to open when the roof is 

being floated off the roof legs supports or at 

the manufacturer’s recommended setting. 

Automatic bleeder vents and rim space vents 

are to be gasketed. Each emergency roof drain 

is to be provided with a slotted membrane 

fabric cover that covers at least 90 percent 

of the area of the opening. 

(iii) The roof shall be floating on the liquid at 

all times (i.e., off the roof leg supports) 

except during initial fill until the roof is 

lifted off leg supports and when the tank is 

completely emptied and subsequently refilled. 

The process of filling, emptying, or refilling 

when the roof is resting on the leg supports 

shall be continuous and shall be accomplished 

as rapidly as possible. 

(3) A closed vent system and control device meeting the 

following specifications: 
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(i) The closed vent system shall be designed to 

collect all VOC vapors and gases discharged 

from the storage vessel and operated with no 

detectable emissions as indicated by an 

instrument reading of less than 500 ppm above 

background and visual inspections, as 

determined in part 60, subpart VV, §60.485(b). 

(ii) The control device shall be designed and 

operated to reduce inlet VOC emissions by 95 

percent or greater. If a flare is used as the 

control device, it shall meet the 

specifications described in the general 

control device requirements (§60.18) of the 

General Provisions. 

(4) A system equivalent to those described in paragraphs 

(a)(1), (a)(2), or (a)(3) of this section as provided 

in §60.114b of this subpart. 

(b) The owner or operator of each storage vessel with a design 

capacity greater than or equal to 75 m3

 which contains a 

VOL that, as stored, has a maximum true vapor pressure 

greater than or equal to 76.6 kPa shall equip each storage 

vessel with one of the following: 

(1) A closed vent system and control device as specified 

in §60.112b(a)(3). 

(2) A system equivalent to that described in paragraph 

(b)(1) as provided in §60.114b of this subpart. 

(c) Site-specific standard for Merck & Co., Inc.’s Stonewall 

Plant in Elkton, Virginia. This paragraph applies only to 

the pharmaceutical manufacturing facility, commonly 

referred to as the Stonewall Plant, located at Route 340 

South, in Elkton, Virginia ("site"). 

(1) For any storage vessel that otherwise would be 

subject to the control technology requirements of 

paragraphs (a) or (b) of this section, the site shall 

have the option of either complying directly with the 

requirements of this subpart, or reducing the sitewide total criteria pollutant emissions cap (total 

emissions cap) in accordance with the procedures set 

forth in a permit issued pursuant to 40 CFR 52.2454. 

If the site chooses the option of reducing the total 

emissions cap in accordance with the procedures set 

forth in such permit, the requirements of such permit 

shall apply in lieu of the otherwise applicable 

requirements of this subpart for such storage vessel. 

(2) For any storage vessel at the site not subject to the 

requirements of 40 CFR 60.112b (a) or (b), the 
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requirements of 40 CFR 60.116b (b) and (c) and the 

General Provisions (subpart A of this part) shall not 

apply. 

[52 FR 11429, Apr. 8, 1987, as amended at 62 FR 52641, 

Oct. 8, 1997] 

§60.113b - Testing and procedures. 

The owner or operator of each storage vessel as specified in 

§60.112b(a) shall meet the requirements of paragraph (a), (b), or 

(c) of this section. The applicable paragraph for a particular 

storage vessel depends on the control equipment installed to meet 

the requirements of §60.112b. 

(a) After installing the control equipment required to meet 

§60.112b(a)(1) (permanently affixed roof and internal 

floating roof), each owner or operator shall: 

(1) Visually inspect the internal floating roof, the 

primary seal, and the secondary seal (if one is in 

service), prior to filling the storage vessel with 

VOL. If there are holes, tears, or other openings in 

the primary seal, the secondary seal, or the seal 

fabric or defects in the internal floating roof, or 

both, the owner or operator shall repair the items 

before filling the storage vessel. 

(2) For Vessels equipped with a liquid-mounted or 

mechanical shoe primary seal, visually inspect the 

internal floating roof and the primary seal or the 

secondary seal (if one is in service) through 

manholes and roof hatches on the fixed roof at least 

once every 12 months after initial fill. If the 

internal floating roof is not resting on the surface 

of the VOL inside the storage vessel, or there is 

liquid accumulated on the roof, or the seal is 

detached, or there are holes or tears in the seal 

fabric, the owner or operator shall repair the items 

or empty and remove the storage vessel from service 

within 45 days. If a failure that is detected during 

inspections required in this paragraph cannot be 

repaired within 45 days and if the vessel cannot be 

emptied within 45 days, a 30-day extension may be 

requested from the Administrator in the inspection 

report required in §60.115b(a)(3). Such a request 

for an extension must document that alternate storage 

capacity is unavailable and specify a schedule of 

actions the company will take that will assure that 

the control equipment will be repaired or the vessel 

will be emptied as soon as possible. 

(3) For vessels equipped with a double-seal system as 

specified in §60.112b(a)(1)(ii)(B): 
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(i) Visually inspect the vessel as specified in 

paragraph (a)(4) of this section at least 

every 5 years; or 

(ii) Visually inspect the vessel as specified in 

paragraph (a)(2) of this section. 

(4) Visually inspect the internal floating roof, the 

primary seal, the secondary seal (if one is in 

service), gaskets, slotted membranes and sleeve seals 

(if any) each time the storage vessel is emptied and 

degassed. If the internal floating roof has defects, 

the primary seal has holes, tears, or other openings 

in the seal or the seal fabric, or the secondary seal 

has holes, tears, or other openings in the seal or 

the seal fabric, or the gaskets no longer close off 

the liquid surfaces from the atmosphere, or the 

slotted membrane has more than 10 percent open area, 

the owner or operator shall repair the items as 

necessary so that none of the conditions specified in 

this paragraph exist before refilling the storage 

vessel with VOL. In no event shall inspections 

conducted in accordance with this provision occur at 

intervals greater than 10 years in the case of 

vessels conducting the annual visual inspection as 

specified in paragraphs (a)(2) and (a)(3)(ii) of this 

section and at intervals no greater than 5 years in 

the case of vessels specified in paragraph (a)(3)(i) 

of this section. 

(5) Notify the Administrator in writing at least 30 days 

prior to the filling or refilling of each storage 

vessel for which an inspection is required by 

paragraphs (a)(1) and (a)(4) of this section to 

afford the Administrator the opportunity to have an 

observer present. If the inspection required by 

paragraph (a)(4) of this section is not planned and 

the owner or operator could not have known about the 

inspection 30 days in advance or refilling the tank, 

the owner or operator shall notify the Administrator 

at least 7 days prior to the refilling of the storage 

vessel. Notification shall be made by telephone 

immediately followed by written documentation 

demonstrating why the inspection was unplanned. 

Alternatively, this notification including the 

written documentation may be made in writing and sent 

by express mail so that it is received by the 

Administrator at least 7 days prior to the refilling. 

(b) After installing the control equipment required to meet 

§60.112b(a)(2) (external floating roof), the owner or 

operator shall: 
2-83 

(1) Determine the gap areas and maximum gap widths, 

between the primary seal and the wall of the storage 

vessel and between the secondary seal and the wall of 

the storage vessel according to the following 

frequency. 

(i) Measurements of gaps between the tank wall and 

the primary seal (seal gaps) shall be 

performed during the hydrostatic testing of 

the vessel or within 60 days of the initial 

fill with VOL and at least once every 5 years 

thereafter. 

(ii) Measurements of gaps between the tank wall and 

the secondary seal shall be performed within 

60 days of the initial fill with VOL and at 

least once per year thereafter. 

(iii) If any source ceases to store VOL for a period 

of 1 year or more, subsequent introduction of 

VOL into the vessel shall be considered an 

initial fill for the purposes of paragraphs 

(b)(1)(i) and (b)(1)(ii) of this section. 

(2) Determine gap widths and areas in the primary and 

secondary seals individually by the following 

procedures: 

(i) Measure seal gaps, if any, at one or more 

floating roof levels when the roof is floating 

off the roof leg supports. 

(ii) Measure seal gaps around the entire 

circumference of the tank in each place where 

a 0.32-cm diameter uniform probe passes freely 

(without forcing or binding against seal) 

between the seal and the wall of the storage 

vessel and measure the circumferential 

distance of each such location. 

(iii) The total surface area of each gap described 

in paragraph (b)(2)(ii) of this section shall 

be determined by using probes of various 

widths to measure accurately the actual 

distance from the tank wall to the seal and 

multiplying each such width by its respective 

circumferential distance. 

(3) Add the gap surface area of each gap location for the 

primary seal and the secondary seal individually and 

divide the sum for each seal by the nominal diameter 

of the tank and compare each ratio to the respective 

standards in paragraph (b)(4) of this section. 
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(4) Make necessary repairs or empty the storage vessel 

within 45 days of identification in any inspection 

for seals not meeting the requirements listed in 

(b)(4) (i) and (ii) of this section: 

(i) The accumulated area of gaps between the tank 

wall and the mechanical shoe or liquid-mounted 

primary seal shall not exceed 212 Cm2

 per 

meter of tank diameter, and the width of any 

portion of any gap shall not exceed 3.81 cm. 

(A) One end of the mechanical shoe is to 

extend into the stored liquid, and the 

other end is to extend a minimum vertical 

distance of 61 cm above the stored liquid 

surface. 

(B) There are to be no holes, tears, or other 

openings in the shoe, seal fabric, or 

seal envelope. 

(ii) The secondary seal is to meet the following 

requirements: 

(A) The secondary seal is to be installed 

above the primary seal so that it 

completely covers the space between the 

roof edge and the tank wall except as 

provided in paragraph (b)(2)(iii) of this 

section. 

(B) The accumulated area of gaps between the 

tank wall and the secondary seal shall 

not exceed 21.2 cm2

 per meter of tank 

diameter, and the width of any portion of 

any gap shall not exceed 1.27 cm. 

(C) There are to be no holes, tears, or other 

openings in the seal or seal fabric. 

(iii) If a failure that is detected during 

inspections required in paragraph (b)(1) of 

§60.113b(b) cannot be repaired within 45 days 

and if the vessel cannot be emptied within 45 

days, a 30-day extension may be requested from 

the Administrator in the inspection report 

required in §60.115b(b)(4). Such extension 

request must include a demonstration of 

unavailability of alternate storage capacity 

and a specification of a schedule that will 

assure that the control equipment will be 

repaired or the vessel will be emptied as soon 

as possible. 
2-85 

(5) Notify the Administrator 30 days in advance of any 

gap measurements required by paragraph (b)(1) of this 

section to afford the Administrator the opportunity 

to have an observer present. 

(6) Visually inspect the external floating roof, the 

primary seal, secondary seal, and fittings each time 

the vessel is emptied and degassed. 

(i) If the external floating roof has defects, the 

primary seal has holes, tears, or other 

openings in the seal or the seal fabric, or 

the secondary seal has holes, tears, or other 

openings in the seal or the seal fabric, the 

owner or operator shall repair the items as 

necessary so that none of the conditions 

specified in this paragraph exist before 

filling or refilling the storage vessel with 

VOL. 

(ii) For all the inspections required by paragraph 

(b)(6) of this section, the owner or operator 

shall notify the Administrator in writing at 

least 30 days prior to the filling or 

refilling of each storage vessel to afford the 

Administrator the opportunity to inspect the 

storage vessel prior to refilling. If the 

inspection required by paragraph (b)(6) of 

this section is not planned and the owner or 

operator could not have known about the 

inspection 30 days in advance of refilling the 

tank, the owner or operator shall notify the 

Administrator at least 7 days prior to the 

refilling of the storage vessel. Notification 

shall be made by telephone immediately 

followed by written documentation 

demonstrating why the inspection was 

unplanned. Alternatively, this notification 

including the written documentation may be 

made in writing and sent by express mail so 

that it is received by the Administrator at 

least 7 days prior to the refilling. 

(c) The owner or operator of each source that is equipped with 

a closed vent system and control device as required in 

§60.112b (a)(3) or (b)(2) (other than a flare) is exempt 

from §60.8 of the General Provisions and shall meet the 

following requirements. 

(1) Submit for approval by the Administrator as an 

attachment to the notification required by 

§60.7(a)(1) or, if the facility is exempt from 

§60.7(a)(1), as an attachment to the notification 
2-86 

required by §60.7(a)(2), an operating plan containing 

the information listed below. 

(i) Documentation demonstrating that the control 

device will achieve the required control 

efficiency during maximum loading conditions. 

This documentation is to include a description 

of the gas stream which enters the control 

device, including flow and VOC content under 

varying liquid level conditions (dynamic and 

static) and manufacturer’s design 

specifications for the control device. If the 

control device or the closed vent capture 

system receives vapors, gases, or liquids 

other than fuels from sources that are not 

designated sources under this subpart, the 

efficiency demonstration is to include 

consideration of all vapors, gases, and 

liquids received by the closed vent capture 

system and control device. If an enclosed 

combustion device with a minimum residence 

time of 0.75 seconds and a minimum temperature 

of 816 °C is used to meet the 95 percent 

requirement, documentation that those 

conditions will exist is sufficient to meet 

the requirements of this paragraph. 

(ii) A description of the parameter or parameters 

to be monitored to ensure that the control 

device will be operated in conformance with 

its design and an explanation of the criteria 

used for selection of that parameter (or 

parameters). 

(2) Operate the closed vent system and control device and 

monitor the parameters of the closed vent system and 

control device in accordance with the operating plan 

submitted to the Administrator in accordance with 

paragraph (c)(1) of this section, unless the plan was 

modified by the Administrator during the review 

process. In this case, the modified plan applies. 

(d) The owner or operator of each source that is equipped with 

a closed vent system and a flare to meet the requirements 

in §60.112b (a)(3) or (b)(2) shall meet the requirements 

as specified in the general control device requirements, 

§60.18 (e) and (f). 

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, 

Aug. 11, 1989] 
2-87 

§60.114b - Alternative means of emission limitation. 

(a) If, in the Administrator’s judgment, an alternative means 

of emission limitation will achieve a reduction in 

emissions at least equivalent to the reduction in 

emissions achieved by any requirement in §60.112b, the 

Administrator will publish in the FEDERAL REGISTER a 

notice permitting the use of the alternative means for 

purposes of compliance with that requirement. 

(b) Any notice under paragraph (a) of this section will be 

published only after notice and an opportunity for a 

hearing. 

(c) Any person seeking permission under this section shall 

submit to the Administrator a written application 

including: 

(1) An actual emissions test that uses a full-sized or 

scale-model storage vessel that accurately collects 

and measures all VOC emissions from a given control 

device and that accurately simulates wind and 

accounts for other emission variables such as 

temperature and barometric pressure. 

(2) An engineering evaluation that the Administrator 

determines is an accurate method of determining 

equivalence. 

(d) The Administrator may condition the permission on 

requirements that may be necessary to ensure operation and 

maintenance to achieve the same emissions reduction as 

specified in §60.112b. 

§60.115b - Reporting and recordkeeping requirements. 

The owner or operator of each storage vessel as specified in 

§60.112b(a) shall keep records and furnish reports as required by 

paragraphs (a), (b), or (c) of this section depending upon the 

control equipment installed to meet the requirements of §60.112b. 

The owner or operator shall keep copies of all reports and 

records required by this section, except for the record required 

by (c)(1), for at least 2 years. The record required by (c)(1) 

will be kept for the life of the control equipment. 

(a) After installing control equipment in accordance with 

§60.112b(a)(1) (fixed roof and internal floating roof), 

the owner or operator shall meet the following 

requirements. 

(1) Furnish the Administrator with a report that 

describes the control equipment and certifies that 

the control equipment meets the specifications of 

§60.112b(a)(1) and §60.113b(a)(1). This report shall 
2-88 

be an attachment to the notification required by 

§60.7(a)(3). 

(2) Keep a record of each inspection performed as 

required by §60.113b (a)(1), (a)(2), (a)(3), and 

(a)(4). Each record shall identify the storage 

vessel on which the inspection was performed and 

shall contain the date the vessel was inspected and 

the observed condition of each component of the 

control equipment (seals, internal floating roof, and 

fittings). 

(3) If any of the conditions described in §60.113b(a)(2) 

are detected during the annual visual inspection 

required by §60.113b(a)(2), a report shall be 

furnished to the Administrator within 30 days of the 

inspection. Each report shall identify the storage 

vessel, the nature of the defects, and the date the 

storage vessel was emptied or the nature of and date 

the repair was made. 

(4) After each inspection required by §60.113b(a)(3) that 

finds holes or tears in the seal or seal fabric, or 

defects in the internal floating roof, or other 

control equipment defects listed in 

§60.113b(a)(3)(ii), a report shall be furnished to 

the Administrator within 30 days of the inspection. 

The report shall identify the storage vessel and the 

reason it did not meet the specifications of 

§61.112b(a)(1) or §60.113b(a)(3) and list each repair 

made. 

(b) After installing control equipment in accordance with 

§61.112b(a)(2) (external floating roof), the owner or 

operator shall meet the following requirements. 

(1) Furnish the Administrator with a report that 

describes the control equipment and certifies that 

the control equipment meets the specifications of 

§60.112b(a)(2) and §60.113b(b)(2), (b)(3), and 

(b)(4). This report shall be an attachment to the 

notification required by §60.7(a)(3). 

(2) Within 60 days of performing the seal gap 

measurements required by §60.113b(b)(1), furnish the 

Administrator with a report that contains: 

(i) The date of measurement. 

(ii) The raw data obtained in the measurement. 

(iii) The calculations described in §60.113b (b)(2) 

and (b)(3). 
2-89 

(3) Keep a record of each gap measurement performed as 

required by §60.113b(b). Each record shall identify 

the storage vessel in which the measurement was 

performed and shall contain: 

(i) The date of measurement. 

(ii) The raw data obtained in the measurement. 

(iii) The calculations described in §60.113b (b)(2) 

and (b)(3). 

(4) After each seal gap measurement that detects gaps 

exceeding the limitations specified by 

§60.113b(b)(4), submit a report to the Administrator 

within 30 days of the inspection. The report will 

identify the vessel and contain the information 

specified in paragraph (b)(2) of this section and the 

date the vessel was emptied or the repairs made and 

date of repair. 

(c) After installing control equipment in accordance with 

§60.112b (a)(3) or (b)(1) (closed vent system and control 

device other than a flare), the owner or operator shall 

keep the following records. 

(1) A copy of the operating plan. 

(2) A record of the measured values of the parameters 

monitored in accordance with §60.113b(c)(2). 

(d) After installing a closed vent system and flare to comply 

with §60.112b, the owner or operator shall meet the 

following requirements. 

(1) A report containing the measurements required by 

§60.18(f) (1), (2), (3), (4), (5), and (6) shall be 

furnished to the Administrator as required by §60.8 

of the General Provisions. This report shall be 

submitted within 6 months of the initial start-up 

date. 

(2) Records shall be kept of all periods of operation 

during which the flare pilot flame is absent. 

(3) Semiannual reports of all periods recorded under 

§60.115b(d)(2) in which the pilot flame was absent 

shall be furnished to the Administrator. 

§60.116b - Monitoring of operations. 

(a) The owner or operator shall keep copies of all records 

required by this section, except for the record required 

by paragraph (b) of this section, for at least 2 years. 
2-90 

The record required by paragraph (b) of this section will 

be kept for the life of the source. 

(b) The owner or operator of each storage vessel as specified 

in §60.110b(a) shall keep readily accessible records 

showing the dimension of the storage vessel and an 

analysis showing the capacity of the storage vessel. Each 

storage vessel with a design capacity less than 75 m3

 is 

subject to no provision of this subpart other than those 

required by this paragraph. 

(c) Except as provided in paragraphs (f) and (g) of this 

section, the owner or operator of each storage vessel 

either with a design capacity greater than or equal to 151 

m3

 storing a liquid with a maximum true vapor pressure 

greater than or equal to 3.5 kPa or with a design capacity 

greater than or equal to 75 m3

 but less than 151 m3 storing 

a liquid with a maximum true vapor pressure greater than 

or equal to 15.0 kPa shall maintain a record of the VOL 

stored, the period of storage, and the maximum true vapor 

pressure of that VOL during the respective storage period. 

(d) Except as provided in paragraph (g) of this section, the 

owner or operator of each storage vessel either with a 

design capacity greater than or equal to 151 m3

 storing a 

liquid with a maximum true vapor pressure that is normally 

less than 5.2 kPa or with a design capacity greater than 

or equal to 75 m3

 but less than 151 m3 storing a liquid 

with a maximum true vapor pressure that is normally less 

than 27.6 kPa shall notify the Administrator within 30 

days when the maximum true vapor pressure of the liquid 

exceeds the respective maximum true vapor pressure values 

for each volume range. 

(e) Available data on the storage temperature may be used to 

determine the maximum true vapor pressure as determined 

below. 

(1) For vessels operated above or below ambient 

temperatures, the maximum true vapor pressure is 

calculated based upon the highest expected calendarmonth average of the storage temperature. For 

vessels operated at ambient temperatures, the maximum 

true vapor pressure is calculated based upon the 

maximum local monthly average ambient temperature as 

reported by the National Weather Service. 

(2) For crude oil or refined petroleum products the vapor 

pressure may be obtained by the following: 

(i) Available data on the Reid vapor pressure and 

the maximum expected storage temperature based 

on the highest expected calendar-month average 

temperature of the stored product may be used 
2-91 

to determine the maximum true vapor pressure 

from nomographs contained in API Bulletin 2517 

(incorporated by reference -- see §60.17), 

unless the Administrator specifically requests 

that the liquid be sampled, the actual storage 

temperature determined, and the Reid vapor 

pressure determined from the sample(s). 

(ii) The true vapor pressure of each type of crude 

oil with a Reid vapor pressure less than 13.8 

kPa or with physical properties that preclude 

determination by the recommended method is to 

be determined from available data and recorded 

if the estimated maximum true vapor pressure 

is greater than 3.5 kPa. 

(3) For other liquids, the vapor pressure: 

(i) May be obtained from standard reference texts, 

or 

(ii) Determined by ASTM D2879-83, 96, or 97 

(incorporated by reference -- see §60.17); or 

(iii) Measured by an appropriate method approved by 

the Administrator; or 

(iv) Calculated by an appropriate method approved 

by the Administrator. 

(f) The owner or operator of each vessel storing a waste 

mixture of indeterminate or variable composition shall be 

subject to the following requirements. 

(1) Prior to the initial filling of the vessel, the 

highest maximum true vapor pressure for the range of 

anticipated liquid compositions to be stored will be 

determined using the methods described in paragraph 

(e) of this section. 

(2) For vessels in which the vapor pressure of the 

anticipated liquid composition is above the cutoff 

for monitoring but below the cutoff for controls as 

defined in §60.112b(a), an initial physical test of 

the vapor pressure is required; and a physical test 

at least once every 6 months thereafter is required 

as determined by the following methods: 

(i) ASTM D2879-83, 96, or 97 (incorporated by 

reference -- see §60.17); or 

(ii) ASTM D323-82 or 94 (incorporated by reference 

-- see §60.17); or 
2-92 

(iii) As measured by an appropriate method as 

approved by the Administrator. 

(g) The owner or operator of each vessel equipped with a 

closed vent system and control device meeting the 

specification of §60.112b or with emissions reductions 

equipment as specified in 40 CFR 65.42(b)(4), (b)(5), 

(b)(6), or (c) is exempt from the requirements of 

paragraphs (c) and (d) of this section. 

[52 FR 11429, Apr. 8, 1987, as amended at 65 FR 61756, 

Oct. 17, 2000; 65 FR 78276, Dec. 14, 2000] 

§60.117b - Delegation of authority. 

(a) In delegating implementation and enforcement authority to 

a State under section 111(c) of the Act, the authorities 

contained in paragraph (b) of this section shall be 

retained by the Administrator and not transferred to a 

State. 

(b) Authorities which will not be delegated to States: 

§§60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 

60.116b(e)(3)(iv), and 60.116b(f)(2)(iii). 

[52 FR 11429, Apr. 8, 1987, as amended at 52 FR 22780, 

June 16, 1987] 

40 CFR 60 Subpart DD--Standards of Performance for Grain 

Elevators 

Source: 43 FR 34347, Aug. 3, 1978, unless otherwise noted. 

Sec. 60.300 Applicability and designation of affected facility. 

(a) The provisions of this subpart apply to each affected 

facility at any grain terminal elevator or any grain 

storage elevator, except as provided under Sec. 60.304(b). 

The affected facilities are each truck unloading station, 

truck loading station, barge and ship unloading station, 

barge and ship loading station, railcar loading station, 

railcar unloading station, grain dryer, and all grain 

handling operations. 

(b) Any facility under paragraph (a) of this section which 

commences construction, modification, or reconstruction 

after August 3, 1978, is subject to the requirements of 

this part. 

[43 FR 34347, Aug. 3, 1978, as amended at 52 FR 42434, 

Nov. 5, 1988] 
2-93 

Sec. 60.301 Definitions. 

As used in this subpart, all terms not defined herein shall have 

the meaning given them in the Act and in subpart A of this part. 

(a) Grain means corn, wheat, sorghum, rice, rye, oats, barley, 

and soybeans. 

(b) Grain elevator means any plant or installation at which 

grain is unloaded, handled, cleaned, dried, stored, or 

loaded. 

(c) Grain terminal elevator means any grain elevator which has 

a permanent storage capacity of more than 88,100 m3

 (ca. 

2.5 million U.S. bushels), except those located at animal 

food manufacturers, pet food manufacturers, cereal 

manufacturers, breweries, and livestock feedlots. 

(d) Permanent storage capacity means grain storage capacity 

which is inside a building, bin, or silo. 

(e) Railcar means railroad hopper car or boxcar. 

(f) Grain storage elevator means any grain elevator located at 

any wheat flour mill, wet corn mill, dry corn mill (human 

consumption), rice mill, or soybean oil extraction plant 

which has a permanent grain storage capacity of 35,200 m3

(ca. 1 million bushels). 

(g) Process emission means the particulate matter which is 

collected by a capture system. 

(h) Fugitive emission means the particulate matter which is 

not collected by a capture system and is released directly 

into the atmosphere from an affected facility at a grain 

elevator. 

(i) Capture system means the equipment such as sheds, hoods, 

ducts, fans, dampers, etc. used to collect particulate 

matter generated by an affected facility at a grain 

elevator. 

(j) Grain unloading station means that portion of a grain 

elevator where the grain is transferred from a truck, 

railcar, barge, or ship to a receiving hopper. 

(k) Grain loading station means that portion of a grain 

elevator where the grain is transferred from the elevator 

to a truck, railcar, barge, or ship. 

(l) Grain handling operations include bucket elevators or legs 

(excluding legs used to unload barges or ships), scale 

hoppers and surge bins (garners), turn heads, scalpers, 
2-94 

cleaners, trippers, and the headhouse and other such 

structures. 

(m) Column dryer means any equipment used to reduce the 

moisture content of grain in which the grain flows from 

the top to the bottom in one or more continuous packed 

columns between two perforated metal sheets. 

(n) Rack dryer means any equipment used to reduce the moisture 

content of grain in which the grain flows from the top to 

the bottom in a cascading flow around rows of baffles 

(racks). 

(o) Unloading leg means a device which includes a bucket-type 

elevator which is used to remove grain from a barge or 

ship. 

[43 FR 34347, Aug. 3, 1978, as amended at 65 FR 61759, 

Oct. 17, 2000] 

Sec. 60.302 Standard for particulate matter. 

(a) On and after the 60th day of achieving the maximum 

production rate at which the affected facility will be 

operated, but no later than 180 days after initial 

startup, no owner or operator subject to the provisions of 

this subpart shall cause to be discharged into the 

atmosphere any gases which exhibit greater than 0 percent 

opacity from any: 

(1) Column dryer with column plate perforation exceeding 

2.4 mm diameter (ca. 0.094 inch). 

(2) Rack dryer in which exhaust gases pass through a 

screen filter coarser than 50 mesh. 

(b) On and after the date on which the performance test 

required to be conducted by Sec. 60.8 is completed, no 

owner or operator subject to the provisions of this 

subpart shall cause to be discharged into the atmosphere 

from any affected facility except a grain dryer any 

process emission which: 

(1) Contains particulate matter in excess of 0.023 g/dscm 

(ca. 0.01 gr/dscf). 

(2) Exhibits greater than 0 percent opacity. 

(c) On and after the 60th day of achieving the maximum 

production rate at which the affected facility will be 

operated, but no later than 180 days after initial 

startup, no owner or operator subject to the provisions of 

this subpart shall cause to be discharged into the 

atmosphere any fugitive emission from: 
2-95 

(1) Any individual truck unloading station, railcar 

unloading station, or railcar loading station, which 

exhibits greater than 5 percent opacity. 

(2) Any grain handling operation which exhibits greater 

than 0 percent opacity. 

(3) Any truck loading station which exhibits greater than 

10 percent opacity. 

(4) Any barge or ship loading station which exhibits 

greater than 20 percent opacity. 

(d) The owner or operator of any barge or ship unloading 

station shall operate as follows: 

(1) The unloading leg shall be enclosed from the top 

(including the receiving hopper) to the center line 

of the bottom pulley and ventilation to a control 

device shall be maintained on both sides of the leg 

and the grain receiving hopper. 

(2) The total rate of air ventilated shall be at least 

32.1 actual cubic meters per cubic meter of grain 

handling capacity (ca. 40 ft3

/bu). 

(3) Rather than meet the requirements of paragraphs 

(d)(1) and (2) of this section the owner or operator 

may use other methods of emission control if it is 

demonstrated to the Administrator’s satisfaction that 

they would reduce emissions of particulate matter to 

the same level or less. 

Sec. 60.303 Test methods and procedures. 

(a) In conducting the performance tests required in Sec. 60.8, 

the owner or operator shall use as reference methods and 

procedures the test methods in appendix A of this part or 

other methods and procedures as specified in this section, 

except as provided in Sec. 60.8(b). Acceptable 

alternative methods and procedures are given in paragraph 

(c) of this section. 

(b) The owner or operator shall determine compliance with the 

particulate matter standards in Sec. 60.302 as follows: 

(1) Method 5 shall be used to determine the particulate 

matter concentration and the volumetric flow rate of 

the effluent gas. The sampling time and sample 

volume for each run shall be at least 60 minutes and 

1.70 dscm (60 dscf). The probe and filter holder 

shall be operated without heaters. 
2-96 

(2) Method 2 shall be used to determine the ventilation 

volumetric flow rate. 

(3) Method 9 and the procedures in Sec. 60.11 shall be 

used to determine opacity. 

(c) The owner or operator may use the following as 

alternatives to the reference methods and procedures 

specified in this section: 

(1) For Method 5, Method 17 may be used. 

[54 FR 6674, Feb. 14, 1989] 

Sec. 60.304 Modifications. 

(a) The factor 6.5 shall be used in place of “annual asset 

guidelines repair allowance percentage,” to determine 

whether a capital expenditure as defined by Sec. 60.2 has 

been made to an existing facility. 

(b) The following physical changes or changes in the method of 

operation shall not by themselves be considered a 

modification of any existing facility: 

(1) The addition of gravity loadout spouts to existing 

grain storage or grain transfer bins. 

(2) The installation of automatic grain weighing scales. 

(3) Replacement of motor and drive units driving existing 

grain handling equipment. 

(4) The installation of permanent storage capacity with 

no increase in hourly grain handling capacity. 
3-1 

10.3 Attachment 3 - Applicable State of Illinois Rules and 

Regulations, Title 35: Environmental Protection, 

Subtitle B: Air Pollution, Chapter I: Pollution 

Control Board, Subchapter c: Emission Standards 

and Limitations for Stationary Sources 

PART 212 

VISIBLE AND PARTICULATE MATTER EMISSIONS 

SUBPART A: GENERAL 

Section 

212.100 Scope and Organization 

212.107 Measurement Method for Visible Emissions 

212.108 Measurement Methods for PM-10 Emissions and Condensible 

PM-10 Emissions 

212.109 Measurement Methods for Opacity 

212.110 Measurement Methods For Particulate Matter 

212.111 Abbreviations and Units 

212.112 Definitions 

212.113 Incorporations by Reference 

SUBPART B: VISIBLE EMISSIONS 

Section 

212.121 Opacity Standards (Repealed) 

212.122 Visible Emissions Limitations for Certain Emission Units 

For Which Construction or Modification Commenced On or 

After April 14, 1972 

212.123 Visible Emissions Limitations for All Other Emission 

Units 

212.124 Exceptions 

212.125 Determination of Violations 

212.126 Adjusted Opacity Standards Procedures 

SUBPART D: PARTICULATE MATTER EMISSIONS FROM INCINERATORS 

Section 

212.181 Limitations for Incinerators 

212.182 Aqueous Waste Incinerators 

212.183 Certain Wood Waste Incinerators 

212.184 Explosive Waste Incinerators 

212.185 Continuous Automatic Stoking Animal Pathological Waste 

Incinerators 
3-2 

SUBPART E: PARTICULATE MATTER EMISSIONS FROM FUEL COMBUSTION 

EMISSION UNITS 

Section 

212.201 Emission Units For Which Construction or Modification 

Commenced Prior to April 14, 1972, Using Solid Fuel 

Exclusively Located in the Chicago Area 

212.202 Emission Units For Which Construction or Modification 

Commenced Prior to April 14, 1972, Using Solid Fuel 

Exclusively Located Outside the Chicago Area 

212.203 Controlled Emission Units For Which Construction or 

Modification Commenced Prior to April 14, 1972, Using 

Solid Fuel Exclusively 

212.204 Emission Units For Which Construction or Modification 

Commenced On or After April 14, 1972, Using Solid Fuel 

Exclusively 

212.205 Coal-fired Industrial Boilers For Which Construction or 

Modification Commenced Prior to April 14, 1972, Equipped 

with Flue Gas Desulfurization Systems 

212.206 Emission Units Using Liquid Fuel Exclusively 

212.207 Emission Units Using More Than One Type of Fuel 

212.208 Aggregation of Emission Units For Which Construction or 

Modification Commenced Prior to April 14, 1972 

212.209 Village of Winnetka Generating Station (Repealed) 

212.210 Emissions Limitations for Certain Fuel Combustion 

Emission Units Located in the Vicinity of Granite City 

SUBPART K: FUGITIVE PARTICULATE MATTER 

Section 

212.301 Fugitive Particulate Matter 

212.302 Geographical Areas of Application 

212.304 Storage Piles 

212.305 Conveyor Loading Operations 

212.306 Traffic Areas 

212.307 Materials Collected by Pollution Control Equipment 

212.308 Spraying or Choke-Feeding Required 

212.309 Operating Program 

212.310 Minimum Operating Program 

212.312 Amendment to Operating Program 

212.313 Emission Standard for Particulate Collection Equipment 

212.314 Exception for Excess Wind Speed 

212.315 Covering for Vehicles 

212.316 Emissions Limitations for Emission Units in Certain 

Areas 
3-3 

SUBPART L: PARTICULATE MATTER EMISSIONS FROM PROCESS EMISSION 

UNITS 

Section 

212.321 Process Emission Units For Which Construction or 

Modification Commenced On or After April 14, 1972 

212.322 Process Emission Units For Which Construction or 

Modification Commenced Prior to April 14, 1972 

212.323 Stock Piles 

212.324 Process Emission Units in Certain Areas 

SUBPART N: FOOD MANUFACTURING 

Section 

212.361 Corn Wet Milling Processes 

212.362 Emission Units in Certain Areas 

SUBPART O: PETROLEUM REFINING, PETROCHEMICAL AND CHEMICAL 

MANUFACTURING 

Section 

212.381 Catalyst Regenerators of Fluidized Catalytic Converters 

SUBPART Q: STONE, CLAY, GLASS AND CONCRETE MANUFACTURING 

Section 

212.421 Portland Cement Processes For Which Construction or 

Modification Commenced On or After April 14, 1972 

212.422 Portland Cement Manufacturing Processes 

212.423 Emission Limits for the Portland Cement Manufacturing 

Plant Located in LaSalle County, South of the Illinois 

River 

212.424 Fugitive Particulate Matter Control for the Portland 

Cement Manufacturing Plant and Associated Quarry 

Operations Located in LaSalle County, South of the 

Illinois River 

212.425 Emission Units in Certain Areas 

SUBPART R: PRIMARY AND FABRICATED METAL PRODUCTS AND MACHINERY 

MANUFACTURE 

Section 

212.441 Steel Manufacturing Processes 

212.442 Beehive Coke Ovens 

212.443 Coke Plants 

212.444 Sinter Processes 

212.445 Blast Furnace Cast Houses 

212.446 Basic Oxygen Furnaces 

212.447 Hot Metal Desulfurization Not Located in the BOF 

212.448 Electric Arc Furnaces 

212.449 Argon-Oxygen Decarburization Vessels 

212.450 Liquid Steel Charging 

212.451 Hot Scarfing Machines 

212.452 Measurement Methods 
3-4 

212.455 Highlines on Steel Mills 

212.456 Certain Small Foundries 

212.457 Certain Small Iron-Melting Air Furnaces 

212.458 Emission Units in Certain Access 

SUBPART S: AGRICULTURE 

Section 

212.461 Grain Handling and Drying in General 

212.462 Grain Handling Operations 

212.463 Grain Drying Operations 

212.464 Sources in Certain Areas 

SUBPART T: CONSTRUCTION AND WOOD PRODUCTS 

Section 

212.681 Grinding, Woodworking, Sandblasting and Shotblasting 

SUBPART U: ADDITIONAL CONTROL MEASURES 

Section 

212.700 Applicability 

212.701 Contingency Measure Plans, Submittal and Compliance Date 

212.702 Determination of Contributing Sources 

212.703 Contingency Measure Plan Elements 

212.704 Implementation 

212.705 Alternative Implementation 

Appendix A Rule into Section Table 

Appendix B Section into Rule Table 

Appendix C Past Compliance Dates 

Illustration A Allowable Emissions From Solid Fuel Combustion 

Emission Sources Outside Chicago (Repealed) 

Illustration B Limitations for all New Process Emission Sources 

(Repealed) 

Illustration C Limitations for all Existing Process Emission Sources 

(Repealed) 

Illustration D McCook Vicinity Map 

Illustration E Lake Calumet Vicinity Map 

Illustration F Granite City Vicinity Map 

AUTHORITY: Implementing Section 10 and authorized by Section 27 

and 28.5 of the Environmental Protection Act [415 ILCS 5/10, 27 

and 28.5]. 

SOURCE: Adopted as Chapter 2: Air Pollution, Rules 202 and 203: 

Visual and Particulate Emission Standards and Limitations, 

R71 23, 4 PCB 191, filed and effective April 14, 1972; amended in 

R77-15, 32 PCB 403, at 3 Ill. Reg. 5, p. 798, effective February 

3, 1979; amended in R78-10, 35 PCB 347, at 3 Ill. Reg. 39, p. 

184, effective September 28, 1979; amended in R78-11, 35 PCB 505, 

at 3 Ill. Reg. 45, p. 100, effective October 26, 1979; amended in 

R78-9, 38 PCB 411, at 4 Ill. Reg. 24, p. 514, effective June 4, 

1980; amended in R79-11, 43 PCB 481, at 5 Ill. Reg. 11590, 
3-5 

effective October 19, 1981; codified at 7 Ill. Reg. 13591; 

amended in R82-1 (Docket A) at 10 Ill. Reg. 12637, effective 

July 9, 1986; amended in R85-33 at 10 Ill. Reg. 18030, effective 

October 7, 1986; amended in R84-48 at 11 Ill. Reg. 691, effective 

December 18, 1986; amended in R84-42 at 11 Ill. Reg. 1410, 

effective December 30, 1986; amended in R82-1 (Docket B) at 12 

Ill. Reg. 12492, effective July 13, 1988; amended in R91-6 at 15 

Ill. Reg. 15708, effective October 4, 1991; amended in R89-7(B) 

at 15 Ill. Reg. 17710, effective November 26, 1991; amended in 

R91-22 at 16 Ill. Reg. 7880, effective May 11, 1992; amended in 

R91-35 at 16 Ill. Reg. 8204, effective May 15, 1992; amended in 

R93-30 at 18 Ill. Reg. 11587, effective July 11, 1994; amended in 

R96-5 at 20 Ill. Reg.7605, effective May 22, 1996). 

BOARD NOTE: This Part implements the Illinois Environmental 

Protection Act as of July 1, 1994. 

PART 212 

VISIBLE AND PARTICULATE MATTER EMISSIONS 

SUBPART A: GENERAL 

Section 212.100 Scope and Organization 

a) This Part contains standards and limitations for visible 

and particulate matter emissions from stationary emission 

units. 

b) Permits for sources subject to this Part may be required 

pursuant to 35 Ill. Adm. Code 201. 

c) Notwithstanding the provisions of this Part, the air 

quality standards contained in 35 Ill. Adm. Code 243 may 

not be violated. 

d) This Part includes Subparts which are arranged as follows: 

1) Subpart A: General Provisions; 

2) Subpart B: Visible Emissions; 

3) Subparts C-J: Incinerators and Fuel Combustion 

Emission Units; 

4) Subparts K-M: Fugitive and Process Emission Units; 

5) Subparts N-T: Site specific and industry specific 

rules; and 

6) Subpart U: Additional control measures. 

e) Rules have been grouped for the convenience of the public; 

the scope of each is determined by its language and 

history. 
3-6 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.107 Measurement Method for Visible Emissions 

For both fugitive and nonfugitive particulate matter emissions, a 

determination as to the presence or absence of visible emissions 

from emission units shall be conducted in accordance with Method 

22, 40 CFR part 60, Appendix A, incorporated by reference in 

Section 212.113 of this Subpart, except that the length of the 

observing period shall be at the discretion of the observer, but 

not less than one minute. This Subpart shall not apply to 

Section 212.301 of this Part. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.108 Measurement Methods for PM-10 Emissions and 

Condensible PM-10 Emissions 

a) Emissions of PM-10 shall be measured by any of the 

following methods at the option of the owner or operator 

of an emission unit. 

1) Method 201, 40 CFR part 51, Appendix M, incorporated 

by reference in Section 212.113 of this Subpart. 

2) Method 201A, 40 CFR part 51, Appendix M, incorporated 

by reference in Section 212.113 of this Subpart. 

3) Method 5, 40 CFR part 60, Appendix A, incorporated by 

reference in Section 212.113 of this Subpart, 

provided that all particulate matter measured by 

Method 5 shall be considered to be PM-10. 

b) Emissions of condensible PM-10 shall be measured by Method 

202, 40 CFR part 51, Appendix M, incorporated by reference 

in Section 212.113 of this Subpart. 

c) The volumetric flow rate and gas velocity for stack test 

methods shall be determined in accordance with Methods 1, 

1A, 2, 2A, 2C, 2D, 3, or 4, 40 CFR part 60, Appendix A, 

incorporated by reference in Section 212.113 of this 

Subpart. 

d) Upon a written notification by the Illinois Environmental 

Protection Agency (Agency), the owner or operator of a 

PM-10 emission unit subject to this Section shall conduct 

the applicable testing for PM-10 emissions, condensible 

PM-10 emissions, opacity, or visible emissions at such 

person’s own expense, to demonstrate compliance. Such 

test results shall be submitted to the Agency within 

thirty (30) days after conducting the test unless an 

alternative time for submittal is agreed to by the Agency. 
3-7 

e) A person planning to conduct testing for PM-10 or 

condensible PM-10 emissions to demonstrate compliance 

shall give written notice to the Agency of that intent. 

Such notification shall be given at least thirty (30) days 

prior to initiation of the test unless a shorter 

pre-notification is agreed to by the Agency. Such 

notification shall state the specific test methods from 

subsection (a) of this Section that will be used. 

f) The owner or operator of an emission unit subject to this 

Section shall retain records of all tests which are 

performed. These records shall be retained for at least 

three (3) years after the date a test is performed. 

g) This Section shall not affect the authority of the United 

States Environmental Protection Agency (USEPA) under 

Section 114 of the Clean Air Act (CAA) (42 U.S.C. § 7414 

(1990)). 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.109 Measurement Methods for Opacity 

Except as otherwise provided in this Part, and except for the 

methods of data reduction when applied to Sections 212.122 and 

212.123 of this Part, measurements of opacity shall be conducted 

in accordance with Method 9, 40 CFR part 60, Appendix A, and the 

procedures in 40 CFR 60.675(c) and (d), if applicable, 

incorporated by reference in Section 212.113 of this Subpart, 

except that for roadways and parking areas the number of readings 

required for each vehicle pass will be three taken at 5-second 

intervals. The first reading shall be at the point of maximum 

opacity and second and third readings shall be made at the same 

point, the observer standing at right angles to the plume at 

least 15 feet away from the plume and observing 4 feet above the 

surface of the roadway or parking area. After four vehicles have 

passed, the 12 readings will be averaged. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

PART 212 

VISIBLE AND PARTICULATE MATTER EMISSIONS 

SUBPART A: GENERAL 

Section 212.110 Measurement Methods For Particulate Matter 

a) Measurement of particulate matter emissions from 

stationary emission units subject to this Part shall be 

conducted in accordance with 40 CFR part 60, Appendix A, 

Methods 5, 5A, 5D, or 5E, as incorporated by reference in 

Section 212.113 of this Subpart. 

b) The volumetric flow rate and gas velocity shall be 

determined in accordance with 40 CFR part 60, Appendix A, 
3-8 

Methods 1, 1A, 2, 2A, 2C, 2D, 3, and 4, incorporated by 

reference in Section 212.113 of this Subpart. 

c) Upon a written notification by the Agency, the owner or 

operator of a particulate matter emission unit subject to 

this Part shall conduct the applicable testing for 

particulate matter emissions, opacity, or visible 

emissions at such person’s own expense, to demonstrate 

compliance. Such test results shall be submitted to the 

Agency within thirty (30) days after conducting the test 

unless an alternative time for submittal is agreed to by 

the Agency. 

d) A person planning to conduct testing for particulate 

matter emissions to demonstrate compliance shall give 

written notice to the Agency of that intent. Such 

notification shall be given at least thirty (30) days 

prior to the initiation of the test unless a shorter 

period is agreed to by the Agency. Such notification 

shall state the specific test methods from this Section 

that will be used. 

e) The owner or operator of an emission unit subject to this 

Part shall retain records of all tests which are 

performed. These records shall be retained for at least 

three (3) years after the date a test is performed. 

f) This Section shall not affect the authority of the USEPA 

under Section 114 of the CAA. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.111 Abbreviations and Units 

a. The following abbreviations are used in this Part: 

Btu British thermal units (60 1/4°

F) 

dscf dry standard cubic foot 

ft foot 

ft2

 square feet 

fpm feet per minute 

gal gallon 

gr grains 

gr/scf grains per standard cubic foot 

gr/dscf grains per dry standard cubic foot 

hr hour 

J Joule 

kg kilogram 

kg/MW-hr kilograms per megawatt-hour 

km kilometer 

L liter 

lbs pounds 

lbs/hr pounds per hour 

lbs/mmBtu pounds per million Btu 
3-9 

m meter 

m2

 square meters 

mph miles per hour 

mg milligram 

mg/scm milligrams per standard cubic meter 

mg/dscm milligrams per dry standard cubic meter 

mg/L milligrams per liter 

Mg megagram, metric ton or tonne 

mi mile 

mmBtu million British thermal units 

mmBtu/hr million British thermal units per hour 

MW megawatt; one million watts 

MW-hr megawatt-hour 

ng nanogram; one billionth of a gram 

ng/J nanograms per Joule 

scf standard cubic foot 

scfm standard cubic feet per minute 

scm standard cubic meter 

T short ton (2000 lbs) 

yd2

 square yards 

b. The following conversion factors have been used in this 

Part: 

English Metric 

 

2.205 lb 1 kg 

1 T 0.907 Mg 

1 lb/T 0.500 kg/Mg 

mmBtu/hr 0.293 MW 

1 lb/mmBtu 1.548 kg/MW-hr or 430 ng/J 

1 mi 1.61 km 

1 gr 64.81 mg 

1 gr/scf 2289 mg/scm 

1 ft2

 0.0929 m2

1 ft 0.3048 m 

1 gal 3.785 L 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.112 Definitions 

The definitions of 35 Ill. Adm. Code 201 and 211 apply to this 

Part. 

(Source: Added and codified at 7 Ill. Reg. 13591) 

Section 212.113 Incorporations by Reference 

The following materials are incorporated by reference. These 

incorporations do not include any later amendments or editions. 

a) 40 CFR part 60, Appendix A (1991): 
3-10 

1) Method 1: Sample and Velocity Traverses for 

Stationary Sources; 

2) Method 1A: Sample and Velocity Traverses for 

Stationary Source with Small Stacks or Ducts; 

3) Method 2: Determination of Stack Gas Velocity and 

Volumetric Flow Rate (Type S pilot tube); 

4) Method 2A: Direct Measurement of Gas Volume Through 

Pipes and Small Ducts; 

5) Method 2C: Determination of Stack Gas Velocity and 

Volumetric Flow Rate in Small Stacks or Ducts 

(Standard Pilot Tube); 

6) Method 2D: Measurement of Gas Volumetric Flow Rates 

in Small Pipes and Ducts; 

7) Method 3: Gas Analysis for Carbon Dioxide, Oxygen, 

Excess Air, and Dry Molecular Weight; 

8) Method 4: Determination of Moisture Content in Stack 

Gases; 

9) Method 5: Determination of Particulate Emissions From 

Stationary Sources; 

10) Method 5A: Determination of Particulate Emissions 

From the Asphalt Processing and Asphalt Roofing 

Industry; 

11) Method 5D: Determination of Particulate Matter 

Emissions From Positive Pressure Fabric Filters; 

12) Method 5E: Determination of Particulate Emissions 

From the Wool Fiberglass Insulation Manufacturing 

Industry; 

13) Method 9: Visual Determination of the Opacity of 

Emissions from Stationary Sources; 

14) Method 22: Visual Determination of Fugitive Emissions 

from Material Sources and Smoke Emissions from 

Flares. 

b) 40 CFR part 51 Appendix M (1994): 

1) Method 201: Determination of PM-10 Emissions; 

2) Method 201A: Determination of PM-10 Emissions 

(Constant Sampling Rate Procedure); 
3-11 

3) Method 202: Determination of Condensible Particulate 

Emissions from Stationary Sources. 

c) 40 CFR 60.672(b), (c), (d) and (e) (1991). 

d) 40 CFR 60.675(c) and (d) (1991). 

e) ASAE Standard 248.2, Section 9, Basis for Stating Drying 

Capacity of Batch and Continuous-Flow Grain Dryers, 

American Society of Agricultural Engineers, 2950 Niles 

Road, St. Joseph, MI 49085. 

f) U.S. Sieve Series, ASTM-E11, American Society of Testing 

Materials, 1916 Race Street, Philadelphia, PA 19103. 

g) Standard Methods for the Examination of Water and 

Wastewater, Section 209C, "Total Filterable Residue Dried 

at 103 - 105° C," 15th Edition, 1980, American Public 

Health Association, 1015 Fifteenth Street, N.W., 

Washington, D.C. 20005. 

h) "Guideline on the Identification and Use of Air Quality 

Data Affected by Exceptional Events," U.S. Environmental 

Protection Agency, Office of Air and Radiation, Office of 

Air Quality Planning and Standards Monitoring and Data 

Analysis Division, Research Triangle Park, N.C. 27711, 

EPA-450/4-86-007 July 1986. 

i) "Guideline on Air Quality Models (Revised)," U.S. 

Environmental Protection Agency, Office of Air Quality 

Planning and Standards, Research Triangle Park, N.C. 

27711, EPA-450/2-78-027R July 1986. 

j) 40 CFR 50, Appendix K (1992), "Interpretation of the 

National Ambient Air Quality Standard for Particulate 

Matter". 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

PART 212 

VISIBLE AND PARTICULATE MATTER EMISSIONS 

SUBPART B: VISIBLE EMISSIONS 

Section 212.121 Opacity Standards (Repealed) 

(Source: Repealed at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.122 Visible Emissions Limitations for Certain 

Emission Units For Which Construction or Modification Commenced 

On or After April 14, 1972 

a) No person shall cause or allow the emission of smoke or 

other particulate matter into the atmosphere from any fuel 

combustion emission unit for which construction or 
3-12 

modification commenced on or after April 14, 1972, with 

actual heat input greater than 73.2 MW (250 mmBtu/hr), 

having an opacity greater than 20 percent. 

b) The emissions of smoke or other particulate matter from 

any such emission unit may have an opacity greater than 20 

percent but not greater than 40 percent for a period or 

periods aggregating 3 minutes in any 60 minute period, 

providing that such opaque emission permitted during any 

60 minute period shall occur from only one such emission 

unit located within a 305 m (1000 ft) radius from the 

center point of any other such emission unit owned or 

operated by such person and provided further that such 

opaque emissions permitted from each such fuel combustion 

emission unit shall be limited to 3 times in any 24 hour 

period. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.123 Visible Emissions Limitations for All Other 

Emission Units 

a) No person shall cause or allow the emission of smoke or 

other particulate matter, with an opacity greater than 30 

percent, into the atmosphere from any emission unit other 

than those emission units subject to Section 212.122 of 

this Subpart. 

b) The emission of smoke or other particulate matter from any 

such emission unit may have an opacity greater than 30 

percent but not greater than 60 percent for a period or 

periods aggregating 8 minutes in any 60 minute period 

provided that such opaque emissions permitted during any 

60 minute period shall occur from only one such emission 

unit located within a 305 m (1000 ft) radius from the 

center point of any other such emission unit owned or 

operated by such person, and provided further that such 

opaque emissions permitted from each such emission unit 

shall be limited to 3 times in any 24 hour period. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.124 Exceptions 

a) Sections 212.122 and 212.123 of this Subpart shall apply 

during times of startup, malfunction and breakdown except 

as provided in the operating permit granted in accordance 

with 35 Ill. Adm. Code 201. 

b) Sections 212.122 and 212.123 of this Subpart shall not 

apply to emissions of water or water vapor from an 

emission unit. 
3-13 

c) An emission unit which has obtained an adjusted opacity 

standard pursuant to Section 212.126 of this Subpart shall 

be subject to that standard rather than the limitations of 

Section 212.122 or 212.123 of this Subpart. 

d) Compliance with the particulate regulations of this Part 

shall constitute a defense. 

1) For all emission units which are not subject to 

Chapters 111 or 112 of the CAA and Sections 212.201, 

212.202, 212.203 or 212.204 of this Part but which 

are subject to Sections 212.122 or 212.123 of this 

Subpart: the opacity limitations of Sections 212.122 

and 212.123 of this Subpart shall not apply if it is 

shown that the emission unit was, at the time of such 

emission, in compliance with the applicable 

particulate emissions limitations of Subparts D 

through T of this Part. 

2) For all emission units which are not subject to 

Chapters 111 or 112 of the CAA but which are subject 

to Sections 212.201, 212.202, 212.203 or 212.204 of 

this Part: 

A) An exceedance of the limitations of Section 

212.122 or 212.123 of this Subpart shall 

constitute a violation of the applicable 

particulate limitations of Subparts D through 

T of this Part. It shall be a defense to a 

violation of the applicable particulate 

limitations if, during a subsequent 

performance test conducted within a reasonable 

time not to exceed 60 days, under the same 

operating conditions for the unit and the 

control devices, and in accordance with Method 

5, 40 CFR part 60, incorporated by reference 

in Section 212.113 of this Part, the owner or 

operator shows that the emission unit is in 

compliance with the particulate emission 

limitations. 

B) It shall be a defense to an exceedance of the 

opacity limit if, during a subsequent 

performance test conducted within a reasonable 

time not to exceed 60 days, under the same 

operating conditions of the emission unit and 

the control devices, and in accordance with 

Method 5, 40 CFR part 60, Appendix A, 

incorporated by reference in Section 212.113 

of this Part, the owner or operator shows that 

the emission unit is in compliance with the 

allowable particulate emissions limitation 

while, simultaneously, having visible 
3-14 

emissions equal to or greater than the opacity 

exceedance as originally observed. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.125 Determination of Violations 

Violations of Sections 212.122 and 212.123 of this Subpart shall 

be determined: 

a) By visual observations conducted in accordance with 

Section 212.109 of this Part; or 

b) By the use of a calibrated smoke evaluation device 

approved by the Agency as specified in Subpart J of 35 

Ill. Adm. Code 201; or 

c) By the use of a smoke monitor located in the stack and 

approved by the Agency as specified in Subpart J or L of 

35 Ill. Adm. Code 201. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.126 Adjusted Opacity Standards Procedures 

a) Pursuant to Section 28.1 of the Environmental Protection 

Act (Act) [415 ILCS 5/28.1], and in accordance with 35 

Ill. Adm. Code 106, Subpart E, provisions for adjusted 

standards for visible emissions for emission units subject 

to Sections 212.201, 212.202, 212.203, or 212.204 of this 

Part shall be granted by the Board to the extent 

consistent with federal law based upon a demonstration by 

such owner or operator that the results of a performance 

test conducted pursuant to this Section, Section 212.110 

of this Part, and Methods 5 and 9 of 40 CFR part 60, 

Appendix A, incorporated by reference in Section 212.113 

of this Part, show that the emission unit meets the 

applicable particulate emission limitations at the same 

time that the visible emissions exceed the otherwise 

applicable standards of Sections 212.121 through 212.125 

of this Subpart. Such adjusted opacity limitations: 

1) Shall be specified as a condition in operating 

permits issued pursuant to 35 Ill. Adm. Code 201 and 

Section 39.5 of the Act; 

2) Shall substitute for that limitation otherwise 

applicable; 

3) Shall not allow an opacity greater than 60 percent at 

any time; and 
3-15 

4) Shall allow opacity for one six-minute averaging 

period in any 60 minute period to exceed the adjusted 

opacity standard. 

b) For the purpose of establishing an adjusted opacity 

standard, any owner or operator of an emission unit which 

meets the requirements of subsection (a) of this Section, 

may request the Agency to determine the average opacity of 

the emissions from the emission unit during any 

performance tests conducted pursuant to Section 212.110 of 

this Part and Methods 5 and 9 of 40 CFR part 60, Appendix 

A, incorporated by reference in Section 212.113 of this 

Part. The Agency shall refuse to accept the results of 

emissions tests if not conducted pursuant to this Section. 

c) Any request for the determination of the average opacity 

of emissions shall be made in writing, shall include the 

time and place of the performance test and test 

specifications and procedures, and shall be submitted to 

the Agency at least thirty (30) days before the proposed 

test date. 

d) The Agency will advise the owner or operator of an 

emission unit which has requested an opacity determination 

of any deficiencies in the proposed test specifications 

and procedures as expeditiously as practicable but no 

later than ten (10) days prior to the proposed test date 

so as to minimize any disruption of the proposed testing 

schedule. 

e) The owner or operator shall allow Agency personnel to be 

present during the performance test. 

f) The method for determining an adjusted opacity standard is 

as follows: 

1) A minimum of 60 consecutive minutes of opacity 

readings obtained in accordance with Test Method 9, 

40 CFR part 60, Appendix A, incorporated by reference 

in Section 212.113 of this Part, shall be taken 

during each sampling run. Therefore, for each 

performance test (which normally consists of three 

sampling runs), a total of three sets of opacity 

readings totaling three hours or more shall be 

obtained. Concurrently, the particulate emissions 

data from three sampling runs obtained in accordance 

with Test Method 5, 40 CFR part 60, Appendix A, 

incorporated by reference in Section 212.113 of this 

Part, shall also be obtained. 

2) After the results of the performance tests are 

received from the emission unit, the status of 

compliance with the applicable particulate emissions 

limitation shall be determined by the Agency. In 
3-16 

accordance with Test Method 5, 40 CFR part 60, 

Appendix A, incorporated by reference in Section 

212.113 of this Part, the average of the results of 

the three sampling runs must be less than the 

allowable particulate emission rate in order for the 

emission unit to be considered in compliance. If 

compliance is demonstrated, then only those test runs 

with results which are less than the allowable 

particulate emission rate shall be considered as 

acceptable test runs for the purpose of establishing 

an adjusted opacity standard. 

3) The opacity readings for each acceptable sampling run 

shall be divided into sets of 24 consecutive 

readings. The six (6) minute average opacity for 

each set shall be determined by dividing the sum of 

the 24 readings within each set by 24. 

4) The second highest six (6) minute average opacity 

obtained in subsection (f)(3) of this Section shall 

be selected as the adjusted opacity standard. 

g) The owner or operator shall submit a written report of the 

results of the performance test to the Agency at least 

thirty (30) days prior to filing a petition for an 

adjusted standard with the Board. 

h) If, upon review of such owner’s or operator’s written 

report of the results of the performance tests, the Agency 

determines that the emission unit is in compliance with 

all applicable emission limitations for which the 

performance tests were conducted, but fails to comply with 

the requirements of Section 212.122 or 212.123 of this 

Subpart, the Agency shall notify the owner or operator as 

expeditiously as practicable, but no later than twenty 

(20) days after receiving the written report of any 

deficiencies in the results of the performance tests. 

i) The owner or operator may petition the Board for an 

adjusted visible emission standard pursuant to 35 Ill. 

Adm. Code 106.Subpart E. In addition to the requirements 

of 35 Ill. Adm. Code 106.Subpart E, the petition shall 

include the following information: 

1) A description of the business or activity of the 

petitioner, including its location and relevant 

pollution control equipment; 

2) The quantity and type of materials discharged from 

the emission unit or control equipment for which the 

adjusted standard is requested; 
3-17 

3) A copy of any correspondence between the petitioner 

and the Agency regarding the performance tests which 

form the basis of the adjusted standard request; 

4) A copy of the written report submitted to the Agency 

pursuant to subsection (g) of this Section; 

5) A statement that the performance tests were conducted 

in accordance with this Section and the conditions 

and procedures accepted by the Agency pursuant to 

Section 212.110 of this Part; 

6) A statement regarding the specific limitation 

requested; and 

7) A statement as to whether the Agency has sent notice 

of deficiencies in the results of the performance 

test pursuant to subsection (h) of this Section and a 

copy of said notice. 

j) In order to qualify for an adjusted standard the owner or 

operator must justify as follows: 

1) That the performance tests were conducted in 

accordance with Test Methods 5 and 9, 40 CFR part 60, 

Appendix A, incorporated by reference in Section 

212.113 of this Part, and the conditions and 

procedures accepted by the Agency pursuant to Section 

212.110 of this Part; 

2) That the emission unit and associated air pollution 

control equipment were operated and maintained in a 

manner so as to minimize the opacity of the emissions 

during the performance tests; and 

3) That the proposed adjusted opacity standard was 

determined in accordance with subsection (f) of this 

Section. 

k) Nothing in this Section shall prevent any person from 

initiating or participating in a rulemaking, variance, or 

permit appeal proceeding before the Board. 

PART 212 

VISIBLE AND PARTICULATE MATTER EMISSIONS 

SUBPART E: PARTICULATE MATTER EMISSIONS FROM FUEL 

COMBUSTION EMISSION UNITS 

Section 212.201 Emission Units For Which Construction or 

Modification Commenced Prior to April 14, 1972, Using Solid Fuel 

Exclusively Located in the Chicago Area 

No person shall cause or allow the emission of particulate matter 

into the atmosphere from any fuel combustion emission unit for which 
3-18 

construction or modification commenced prior to April 14, 1972, 

using solid fuel exclusively, located in the Chicago major 

metropolitan area, to exceed 0.15 kg of particulate matter per MW-hr 

of actual heat input in any one hour period (0.10 lbs/mmBtu/hr) 

except as provided in Section 212.203 of this Subpart. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.202 Emission Units For Which Construction or 

Modification Commenced Prior to April 14, 1972, Using Solid Fuel 

Exclusively Located Outside the Chicago Area 

No person shall cause or allow the emission of particulate matter 

into the atmosphere from any fuel combustion emission unit for 

which construction or modification commenced prior to April 14, 

1972, using solid fuel exclusively, which is located outside the 

Chicago major metropolitan area, to exceed the limitations 

specified in the table below in any one hour period except as 

provided in Section 212.203 of this Subpart. 

 METRIC UNITS

 

 H (Range) S 

 MW Megawatts Kg/MW 

 

 Less than or equal to 2.93 1.55 

 Greater than 2.93 but 

 smaller than 73.2 3.33 H-0.715

 

 Greater than or equal to 

73.2 

0.155 

 ENGLISH UNITS

 

 H (Range) S 

 mmBtu/hr lbs/mmBtu 

 

 Less than or equal to 10 1.0 

 Greater than 10 but 

 smaller than 250 5.18H-0.715

 

 Greater than or equal to 

250 

0.1 

Where: 

S = Allowable emission standard in lbs/mmBtu/hr or kg/MW of 

actual heat input, and 

H = Actual heat input in mmBtu/hr or MW-hr 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 
3-19 

Section 212.203 Controlled Emission Units For Which Construction 

or Modification Commenced Prior to April 14, 1972, Using Solid 

Fuel Exclusively 

Notwithstanding Sections 212.201 and 212.202 of this Subpart, any 

fuel combustion emission unit for which construction or 

modification commenced prior to April 14, 1972, using solid fuel 

exclusively may, in any one hour period, emit up to, but not 

exceed 0.31 kg/MW-hr (0.20 lbs/mmBtu), if as of April 14, 1972, 

any one of the following conditions was met: 

a) The emission unit had an hourly emission rate based on 

original design or equipment performance test conditions, 

whichever is stricter, which was less than 0.31 kg/MW-hr 

(0.20 lbs/mmBtu) of actual heat input, and the emission 

control of such emission unit is not allowed to degrade 

more than 0.077 kg/MW-hr (0.05 lbs/mmBtu) from such 

original design or acceptance performance test conditions; 

or 

b) The emission unit was in full compliance with the terms 

and conditions of a variance granted by the Pollution 

Control Board (Board) sufficient to achieve an hourly 

emission rate less than 0.31 kg/MW-hr (0.20 lbs/mmBtu), 

and construction has commenced on equipment or 

modifications prescribed under that program; and emission 

control of such emission unit is not allowed to degrade 

more than 0.077 kg/MW-hr (0.05 lbs/mmBtu) from original 

design or equipment performance test conditions, whichever 

is stricter; or 

c) The emission unit had an hourly emission rate based on 

original design or equipment performance test conditions, 

whichever is stricter, which was less than 0.31 kg/MW-hr 

(0.20 lbs/mmBtu) of actual heat input, and the emission 

control of such emission unit is not allowed to degrade 

more than 0.077 kg/MW-hr (0.05 lbs/mmBtu) from that rate 

demonstrated by the most recent stack test, submitted to 

and accepted by the Agency prior to April 1, 1985, 

provided that: 

1) Owners and operators of emission units subject to 

this subsection shall have applied for a new 

operating permit by January 9, 1987; and 

2) The application for a new operating permit shall have 

included a demonstration that the proposed emission 

rate, if greater than the emission rate allowed by 

subsections (a) or (b) of this Section, will not 

under any foreseeable operating conditions and 

potential meteorological conditions cause or 

contribute to a violation of any applicable primary 

or secondary ambient air quality standard for 
3-20 

particulate matter, or violate any applicable 

prevention of significant deterioration (PSD) 

increment, or violate 35 Ill. Adm. Code 201.141. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.204 Emission Units For Which Construction or 

Modification Commenced On or After April 14, 1972,Using Solid 

Fuel Exclusively 

No person shall cause or allow the emission of particulate matter 

into the atmosphere from any fuel combustion emission unit for 

which construction or modification commenced on or after 

April 14, 1972, using solid fuel exclusively to exceed 0.15 kg of 

particulate matter per MW-hr of actual heat input (0.1 lbs/mmBtu) 

in any one hour period unless Section 212.202, 212.203, or 

212.205 applies. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.205 Coal-fired Industrial Boilers For Which 

Construction or Modification Commenced Prior to April 14, 1972, 

Equipped with Flue Gas Desulfurization Systems 

Notwithstanding Sections 212.201 through 212.204 of this Subpart, 

no person shall cause or allow the emission of particulate matter 

into the atmosphere from coal-fired industrial boilers equipped 

with flue gas desulfurization systems for which construction or 

modification commenced prior to April 14, 1972, to exceed 0.39 kg 

of particulate matter per MW-hr of actual heat input in any 

one-hour period (0.25 lbs/mmBtu). Nothing in this rule shall be 

construed to prevent compliance with applicable regulations 

promulgated by the USEPA under Section 111 of the CAA as amended. 

The provisions of Section 111 of the Clean Air Act relating to 

standards of performance for new stationary sources ... Are 

applicable in this state and are enforceable under the act [415 

ILCS 5/9.1(b)]. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.206 Emission Units Using Liquid Fuel Exclusively 

No person shall cause or allow the emission of particulate matter 

into the atmosphere in any one hour period to exceed 0.15 kg of 

particulate matter per MW-hr of actual heat input from any fuel 

combustion emission unit using liquid fuel exclusively (0.10 

lbs/mmBtu). 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.207 Emission Units Using More Than One Type of Fuel 

a) No person, while simultaneously burning more than one type 

of fuel in a fuel combustion emission unit, shall cause or 
3-21 

allow the emission of particulate matter into the 

atmosphere in any one hour period in excess of the 

following equation: 

E = AS + BL 

Where: 

E = Allowable emission rate; 

A = Solid fuel particulate emission standard which is applicable; 

B = Constant determined from the table in subsection (b); 

S =Actual heat input from solid fuel; 

L =Actual heat input from liquid fuel. 

b) The metric and English units to be used in the equation of 

subsection (a) of this Section are as follows: 

Parameter Metric English 

 

E kg/hr lbs/hr 

A kg/MW-hr lbs/mmBtu 

B 0.155 0.10 

S MW mmBtu/hr 

L MW mmBtu/hr 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.208 Aggregation of Emission Units For Which 

Construction or Modification Commenced Prior to April 14, 1972 

Section 212.207 of this Subpart may be applied to the aggregate 

of all fuel combustion emission units for which construction or 

modification commenced prior to April 14, 1972, vented to a 

common stack provided that after January 26, 1972: 

a) Ductwork has not been modified so as to interconnect such 

existing fuel combustion emission units; 

b) The actual heat input to any such existing fuel combustion 

emission units is not increased; and 

c) No new fuel combustion emission unit is added to reduce 

the degree of control of emissions of particulate matter 

required by this Subpart. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

Section 212.209 Village of Winnetka Generating Station (Repealed) 

(Source: Repealed at 20 Ill. Reg. 7605, effective May 22, 1996) 
3-22 

Section 212.210 Emissions Limitations for Certain Fuel Combustion 

Emission Units Located in the Vicinity of Granite City 

a) No person shall cause or allow emissions of PM-10 into the 

atmosphere to exceed 12.9 ng/J (0.03 lbs/mmBtu) of heat 

input from fuels other than natural gas during any one 

hour period from any industrial fuel combustion emission 

units, other than in an integrated iron and steel plant, 

located in the vicinity of Granite City, which area is 

defined in Section 212.324(a)(1)(C) of this Subpart. 

b) Emission units shall comply with the emissions limitations 

of this Section by May 11, 1993, or upon initial start-up, 

whichever occurs later. 

(Source: Amended at 20 Ill. Reg.7605, effective May 22, 1996) 

PART 212 

VISIBLE AND PARTICULATE MATTER EMISSIONS 

SUBPART L: PARTICULATE MATTER EMISSIONS FROM PROCESS EMISSION 

UNITS 

Section 212.321 Process Emission Units For Which Construction or 

Modification Commenced On or After April 14, 1972 

a) No person shall cause or allow the emission of particulate 

matter into the atmosphere in any one hour period from any 

new process emission unit, either alone or in combination 

with the emission of particulate matter from all other 

similar process emission units for which construction or 

modification commenced on or after April 14, 1972, at a 

source or premises, exceeds the allowable emission rates 

specified in subsection (c) of 35 IAC 212.321 [35 IAC 

212.321(a)]. 

b) Interpolated and extrapolated values of the data in 

subsection (c) of 35 IAC 212.321 shall be determined by 

using the equation [35 IAC 212.321(b)]: 

E = A(P)B

Where: 

P = Process weight rate; and 

E = Allowable emission rate; and, 

i) Up to process weight rates of 408 Mg/hr (450 T/hr): 

 Metric English 

P Mg/hr T/hr 

E kg/hr lb/hr 

A 1.214 2.54 

B 0.534 0.534 
3-23 

ii) For process weight rate greater than or equal to 408 

Mg/hr (450 T/hr): 

 Metric English 

P Mg/hr T/hr 

E kg/hr lb/hr 

A 11.42 24.8 

B 0.16 0.16 

c) Limits for Process Emission Units For Which Construction 

or Modification Commenced On or After April 19, 1972 [35 

IAC 212.321(c)]: 

Metric English 

P E P E 

Mg/hr kg/hr T/hr lb/hr 

0.05 0.25 0.05 0.55 

0.1 0.29 0.10 0.77 

0.2 0.42 0.2 1.10 

0.3 0.64 0.30 1.35 

0.4 0.74 0.40 1.58 

0.5 0.84 0.50 1.75 

0.7 1.00 0.75 2.40 

0.9 1.15 1.00 2.60 

1.8 1.66 2.00 3.70 

2.7 2.1 3.00 4.60 

3.6 2.4 4.00 5.35 

4.5 2.7 5.00 6.00 

9.0 3.9 10.00 8.70 

13.0 4.8 15.00 10.80 

18.0 5.7 20.00 12.50 

23.0 6.5 25.00 14.00 

27.0 7.1 30.00 15.60 

32.0 7.7 35.00 17.00 

36.0 8.2 40.00 18.20 

41.0 8.8 45.00 19.20 

45.0 9.3 50.00 20.50 

90.0 13.4 100.00 29.50 

140.0 17.0 150.00 37.00 

180.0 19.4 200.00 43.00 

230.0 22.0 250.00 48.50 

270.0 24.0 300.00 53.00 

320.0 26.0 350.00 58.00 

360.0 28.0 400.00 62.00 

408.0 30.1 450.00 66.00 

454.0 30.4 500.00 67.00 
3-24 

PART 212 

VISIBLE AND PARTICULATE MATTER EMISSIONS 

SUBPART L: PARTICULATE MATTER EMISSIONS FROM PROCESS EMISSION 

UNITS 

Section 212.322 Process Emission Units For Which Construction or 

Modification Commenced Prior to April 14, 1972 

10.4.1 Process Emission Units for Which Construction or 

Modification Commenced Prior to After April 14, 1972 

a. No person shall cause or allow the emission of 

particulate matter into the atmosphere in any one 

hour period from any process emission unit for which 

construction or modification commenced prior to April 

14, 1972, which, either alone or in combination with 

the emission of particulate matter from all other 

similar process emission at a source or premises, 

exceeds the allowable emission rates specified in 

subsection (c) of 35 IAC 212.322 [35 IAC 212.322(a)]. 

b. Interpolated and extrapolated values of the data in 

subsection (c) of 35 IAC 212.321 shall be determined 

by using the equation [35 IAC 212.322(b)]: 

E = C + A(P)B

Where: 

P = Process weight rate; and 

E = Allowable emission rate; and, 

i. Up to process weight rates up to 27.2 Mg/hr 

(30 T/hr): 

 Metric English 

P Mg/hr T/hr 

E kg/hr lb/hr 

A 1.985 4.10 

B 0.67 0.67 

C 0 0 

ii. For process weight rate in excess of 27.2 

Mg/hr (30 T/hr): 

 Metric English 

P Mg/hr T/hr 

E kg/hr lb/hr 

A 25.21 55.0 

B 0.11 0.11 

C -18.4 -40.0 
3-25 

c. Limits for Process Emission Units For Which 

Construction or Modification Commenced Prior to 

April 14, 1972 [35 IAC 212.322(c)]: 

Metric English 

P E P E 

Mg/hr kg/hr T/hr lb/hr 

0.05 0.27 0.05 0.55 

0.1 0.42 0.10 0.87 

0.2 0.68 0.2 1.40 

0.3 0.89 0.30 1.83 

0.4 1.07 0.40 2.22 

0.5 1.25 0.50 2.58 

0.7 1.56 0.75 3.38 

0.9 1.85 1.00 4.10 

1.8 2.9 2.00 6.52 

2.7 3.9 3.00 8.56 

3.6 4.7 4.00 10.40 

4.5 5.4 5.00 12.00 

9.0 8.7 10.00 19.20 

13.0 11.1 15.00 25.20 

18.0 13.8 20.00 30.50 

23.0 16.2 25.00 35.40 

27.2 18.15 30.00 40.00 

32.0 18.8 35.00 41.30 

36.0 19.3 40.00 42.50 

41.0 19.8 45.00 43.60 

45.0 20.2 50.00 44.60 

90.0 23.2 100.00 51.20 

140.0 25.3 150.00 55.40 

180.0 26.5 200.00 58.60 

230.0 27.7 250.00 61.00 

270.0 28.5 300.00 63.10 

320.0 29.4 350.00 64.90 

360.0 30.0 400.00 66.20 

400.0 30.6 450.00 67.70 

454.0 31.3 500.00 69.00 

PART 212 

VISIBLE AND PARTICULATE MATTER EMISSIONS 

SUBPART S: AGRICULTURE 

Section 212.461 Grain Handling and Drying in General 

a) Sections 212.302(a), 212.321, and 212.322 of this Part 

shall not apply to grain-handling and grain-drying 

operations, portable grain-handling equipment and one-turn 

storage space. 

b) Housekeeping Practices. All grain-handling and graindrying operations, regardless of size, must implement and 

use the following housekeeping practices: 
3-26 

1) Air pollution control devices shall be checked daily 

and cleaned as necessary to insure proper operation. 

2) Cleaning and Maintenance. 

A) Floors shall be kept swept and cleaned from 

boot pit to cupola floor. Roof or bin decks 

and other exposed flat surfaces shall be kept 

clean of grain and dust that would tend to rot 

or become airborne. 

B) Cleaning shall be handled in such a manner as 

not to permit dust to escape to the 

atmosphere. 

C) The yard and surrounding open area, including 

but not limited to ditches and curbs, shall be 

cleaned to prevent the accumulation of rotting 

grain. 

3) Dump Pit. 

A) Aspiration equipment shall be maintained and 

operated. 

B) Dust control devices shall be maintained and 

operated. 

4) Head House. The head house shall be maintained in 

such a fashion that visible quantities of dust or 

dirt are not allowed to escape to the atmosphere. 

5) Property. The yard and driveway of any source shall 

be asphalted, oiled or equivalently treated to 

control dust. 

6) Housekeeping Check List. Housekeeping check lists to 

be developed by the Agency shall be completed by the 

manager and maintained on the premises for inspection 

by Agency personnel. 

c) Exemptions. Any grain-handling operation for which 

construction or modification commenced prior to June 30, 

1975, having a grain through-put of not more than 2 

million bushels per year and located inside a major 

population area and any grain-handling operation or graindrying operation for which construction or modification 

commenced prior to June 30, 1975, located outside of a 

major population area which is required to apply for a 

permit pursuant to Sections 212.462 and 212.463 of this 

Subpart, respectively, shall receive such permit 

notwithstanding the control requirements of those 

respective rules provided said operation can demonstrate 
3-27 

that the following conditions exist upon application for, 

or renewal of, an operating permit: 

1) The requirements of subsection (b) of this Section 

are being met; and 

2) No certified investigation is on file with the Agency 

indicating that there is an alleged violation prior 

to issuance of the permit. 

A) If a certified investigation is on file with 

the Agency indicating an alleged violation, 

any applicant may obtain an exemption for 

certain operations if said applicant can prove 

to the Agency that those parts of his 

operation for which he seeks exemption are not 

the probable cause of the alleged violation. 

B) Applicants requesting an exemption in 

accordance with the provisions of subsection 

(c)(2)(A) of this Section may be granted an 

operating permit for a limited time, not to 

exceed twelve (12) months in duration, if an 

objection is on file with the Agency on which 

a certified investigation has not been made 

prior to issuance of the permit. 

C) An applicant may consider denial of an 

exemption under this rule as a refusal by the 

Agency to issue a permit. This shall entitle 

the applicant to appeal the Agency’s decision 

to the Board pursuant to Section 40 of the Act 

[415 ILCS 5/40]. 

d) Loss of Exemption. Any grain-handling operation or graindrying operation for which construction or modification 

commenced prior to June 30, 1975, that has received an 

operating permit pursuant to the provisions of subsection 

(c) of this Section shall apply for an operating and/or 

construction permit pursuant to 35 Ill. Adm. Code 201 

within sixty (60) days after receipt of written notice 

from the Agency that a certified investigation is on file 

with the Agency indicating that there is an alleged 

violation against the operation. The construction permit 

application shall include a compliance plan and project 

completion schedule showing the grain-handling operation’s 

program or grain-drying operation’s program for complying 

with the standards and limitations of Section 212.462 or 

212.463 of this Subpart as the case may be, within a 

reasonable time after the date on which notice of a 

certified investigation indicating alleged pollution was 

received by said operation; provided, however, any such 

operation shall not be required to reduce emissions from 

those parts of the operation that the applicant can prove 
3-28 

to the Agency are not the probable cause of the pollution 

alleged in the certified investigation. 

1) The written notice of loss of exemption is not a 

final action of the Agency appeal able to the Board. 

2) Denial of a permit requested pursuant to this 

subsection is a final action appeal able to the Board 

under Section 40 of the Act [415 ILCS 5/40]. 

e) Circumvention. It shall be a violation of this regulation 

for any person or persons to attempt to circumvent the 

requirements of this regulation by establishing a pattern 

of ownership or source development which, except for such 

pattern of ownership or source development, would 

otherwise require application of Section 212.462 or 

212.463 of this Subpart. 

f) Standard on Appeal to Board. In ruling on any appeal of a 

permit denial under subsection (c) or (d) of this Section, 

the Board shall not order the permit to be issued by the 

Agency unless the applicant who has appealed the permit 

denial has proved to the Board that the grain-handling 

operation or grain-drying operation which is the subject 

of the denied application is not injurious to human, plant 

or animal life, to health, or to property, and does not 

unreasonably interfere with the enjoyment of life or 

property. 

g) Alternate Control of Particulate Emissions. 

1) Grain-handling or grain-drying operations, which were 

in numerical compliance with Section 212.322 of this 

Part, as of April 14, 1972, and continue to be in 

compliance with Section 212.322 of this Part need not 

comply with the provisions under this Subpart, except 

the housekeeping practices in this subsection and 

subsection (b) of this Section. 

2) Grain-handling or grain-drying operations, which were 

not in numerical compliance with Section 212.322 of 

this Part, as of April 14, 1972, but which came into 

compliance with Section 212.321 of this Part prior to 

April 14, 1972, and continue to be in compliance with 

Section 212.321 of this Part need not comply with the 

provisions under this Subpart, except the 

housekeeping practices in this subsection and in 

subsection (b) of this Section. 

3) Proof of compliance with said rule shall be made by 

stack sampling and/or material balance results 

obtained from actual testing of the subject emission 

unit or process and be submitted at the time of an 

application for, or renewal of, an operating permit. 
3-29 

h) Severability. If any provision of these rules and 

regulations is adjudged invalid, such invalidity shall not 

affect the validity of this 35 Ill. Adm. Code, Subtitle B, 

Chapter I as a whole or of any Part, Subpart, sentence or 

clause thereof not adjudged invalid. 

(Source: Amended at 20 Ill. Reg. 7605, effective May 22, 1996) 

Section 212.462 Grain Handling Operations 

Unless otherwise exempted pursuant to Section 212.461(c) or (d) 

of this Subpart, or allowed to use alternate control according to 

Section 212.461(g) of this Subpart, existing grain-handling 

operations with a total annual grain through-put of 300,000 

bushels or more shall apply for an operating permit pursuant to 

35 Ill. Adm. Code 201, and shall demonstrate compliance with the 

following: 

a) Cleaning and Separating Operations. 

1) Particulate matter generated during cleaning and 

separating operations shall be captured to the extent 

necessary to prevent visible particulate matter 

emissions directly into the atmosphere. 

2) For grain-handling sources having a grain through-put 

of not more than 2 million bushels per year or 

located outside a major population area, air 

contaminants collected from cleaning and separating 

operations shall be conveyed through air pollution 

control equipment which has a rated and actual 

particulate removal efficiency of not less than 90 

percent by weight prior to release into the 

atmosphere. 

3) For grain-handling sources having a grain through-put 

exceeding 2 million bushels per year and located 

within a major population area, air contaminants 

collected from cleaning and separating operations 

shall be conveyed through air pollution control 

equipment which has a rated and actual particulate 

removal efficiency of not less than 98 percent by 

weight prior to release into the atmosphere. 

b) Major Dump-Pit Area. 

1) Induced Draft. 

A) Induced draft shall be applied to major dump 

pits and their associated equipment 

(including, but not limited to, boots, hoppers 

and legs) to such an extent that a minimum 

face velocity is maintained, at the effective 
3-30 

grate surface, sufficient to contain 

particulate emissions generated in unloading 

operations. The minimum face velocity at the 

effective grate surface shall be at least 200 

fpm, which shall be determined by using the 

equation: 

V = Q/A 

Where: 

V = Face velocity; and 

Q = Induced draft volume in scfm; and 

A = Effective grate area in ft2

; and 

B) The induced draft air stream for grainhandling sources having a grain through-put of 

not more than 2 million bushels per year or 

located outside a major population area shall 

be confined and conveyed through air pollution 

control equipment which has an overall rated 

and actual particulate collection efficiency 

of not less than 90 percent by weight; and 

C) The induced draft air stream for grainhandling sources having a grain through-put 

exceeding 2 million bushels per year and 

located in a major population area shall be 

confined and conveyed through air pollution 

control equipment which has an overall rated 

and actual particulate collection efficiency 

of not less than 98 percent by weight; and 

D) Means or devices (including, but not limited 

to, quick-closing doors, air curtains or wind 

deflectors) shall be employed to prevent a 

wind velocity in excess of 50 percent of the 

induced draft face velocity at the pit; 

provided, however, that such means or devices 

do not have to achieve the same degree of 

prevention when the ambient air wind exceeds 

25 mph. The wind velocity shall be measured, 

with the induced draft system not operating, 

at a point midway between the dump-pit area 

walls at the point where the wind exits the 

dump-pit area, and at a height above the dumppit area floor of approximately 2 ft; or 

2) Any equivalent method, technique, system or 

combination thereof adequate to achieve, at a 

minimum, a particulate matter emission reduction 

equal to the reduction which could be achieved by 

compliance with subsection (b)(1) of this Section. 

(Board Note: Pursuant to Section 9 of the Act, 
3-31 

certain country grain elevators are exempt from 

subsection (b) of this Section.) 

c) Internal Transferring Area. 

1) Internal transferring area shall be enclosed to the 

extent necessary to prohibit visible particulate 

matter emissions directly into the atmosphere. 

2) Air contaminants collected from internal transfer 

operations for grain-handling sources having a grain 

through-put of not more than 2 million bushels per 

year or located outside a major population area shall 

be conveyed through air pollution control equipment 

which has a rated and actual particulate removal 

efficiency of not less than 90 percent by weight 

prior to release into the atmosphere. 

3) Air contaminants collected from internal transfer 

operations for grain-handling sources having a grain 

through-put exceeding 2 million bushels per year and 

located in a major population area shall be conveyed 

through air pollution control equipment which has a 

rated and actual particulate removal efficiency of 

not less than 98 percent by weight prior to release 

into the atmosphere. 

d) Load-Out Area. 

1) Truck and hopper car loading shall employ socks, 

sleeves or equivalent devices which extend 6 inches 

below the sides of the receiving vehicle, except for 

topping off. Choke loading shall be considered an 

equivalent method as long as the discharge is no more 

than 12 inches above the sides of the receiving 

vehicle. 

2) Box car loading shall employ means or devices to 

prevent the emission of particulate matter into the 

atmosphere to the fullest extent which is 

technologically and economically feasible. 

3) Watercraft Loading. 

A) Particulate matter emissions generated during 

loading for grain-handling sources having a 

grain through-put of not more than 2 million 

bushels per year or located outside a major 

population area shall be captured in an 

induced draft air stream, which shall be 

ducted through air pollution control equipment 

that has a rated and actual particulate matter 

removal efficiency of not less than 90 percent 
3-32 

by weight prior to release into the 

atmosphere. 

B) Particulate matter emissions generated during 

loading for grain-handling sources having a 

grain through-put exceeding 2 million bushels 

per year and located in a major population 

area shall be captured in an induced draft air 

stream, which shall be ducted through air 

pollution control equipment that has a rated 

and actual particulate removal efficiency of 

not less than 98 percent by weight prior to 

release into the atmosphere; except for the 

portion of grain loaded by trimming machines 

for which particulate matter emission 

reductions, at a minimum, shall equal the 

reduction achieved by compliance with 

subsection (d)(3)(A) of this Section. 

e) New and Modified Grain-Handling Operations. Grainhandling operations for which construction or modification 

commenced on or after June 30, 1975, shall file 

applications for construction and operating permits 

pursuant to 35 Ill. Adm. Code 201, and shall comply with 

the control equipment requirements of this Section, except 

for grain-handling operations for which construction or 

modification commenced on or after June 30, 1975, which 

will handle an annual grain through-put of less than 

300,000 bushels; provided, however, that for the purpose 

of this Subpart, an increase in the annual grain throughput, without physical alterations or additions to the 

grain-handling operation, shall not be considered a 

modification unless such increase exceeds 30 percent of 

the annual grain through-put on which the operation’s 

original construction and/or operating permit was granted. 

If the grain-handling operation has been operating 

lawfully without a permit, its annual grain through-put 

shall be determined as set forth in the definition of the 

term "annual grain through-put." 

(Source: Amended at 20 Ill. Reg. 7605, effective May 22, 1996) 

Section 212.463 Grain Drying Operations 

Unless otherwise exempted pursuant to Section 212.461(c) or (d) 

of this Subpart or allowed to use alternate control according to 

Section 212.461(g) of this Subpart, grain-drying operations for 

which construction or modification commenced prior to June 30, 

1975, with a total grain-drying capacity in excess of 750 bushels 

per hour for 5 percent moisture extraction at manufacturer’s 

rated capacity (using the American Society of Agricultural 

Engineers Standard 248.2, Section 9, Basis for Stating Drying 

Capacity of Batch and Continuous-Flow Grain Dryers, incorporated 

by reference in Section 212.113 of this Part) shall be operated 
3-33 

in such a fashion as to preclude the emission of particulate 

matter larger than 300 microns mean particle diameter, shall 

apply for an operating permit pursuant to 35 Ill. Adm. Code 201, 

and shall comply with the following: 

a) Column Dryers. The largest effective circular diameter of 

transverse perforations in the external sheeting of a 

column dryer shall not exceed 0.094 inch, and the grain 

inlet and outlet shall be enclosed. 

b) Rack Dryers. No portion of the exhaust air of rack dryers 

shall be emitted to the ambient atmosphere without having 

passed through a particulate collection screen having a 

maximum opening of 50 mesh, U.S. Sieve Series. 

1) All such screens will have adequate self-cleaning 

mechanisms, the exhaust gas of which for grainhandling facilities having a grain through-put of not 

more than 2 million bushels per year or located 

outside a major population area shall be ducted 

through air pollution control equipment which has a 

rated and actual particulate removal efficiency of 90 

percent by weight prior to release into the 

atmosphere. 

2) All such screens will have adequate self-cleaning 

mechanisms, the exhaust gas of which for grainhandling sources having a grain through-put exceeding 

2 million bushels per year and located in a major 

population area shall be ducted through air pollution 

control equipment which has a rated and actual 

particulate removal efficiency of 98 percent by 

weight prior to release into the atmosphere. 

c) Other Types of Dryers. All other types of dryers shall be 

controlled in a manner which shall result in the same 

degree of control required for rack dryers pursuant to 

subsection (b) of this Section. 

d) New and Modified Grain-Drying Operations. Grain-drying 

operations constructed or modified on or after June 30, 

1975, shall file applications for construction and 

operating permits pursuant to 35 Ill. Adm. Code 201, and 

shall comply with the control equipment requirements of 

this Section, except for new and modified grain-drying 

operations which do not result in a total grain-drying 

capacity in excess of 750 bushels per hour for 5 percent 

moisture extraction at manufacturer’s rated capacity, 

using the American Society of Agricultural Engineer 

Standard 248.2, Section 9, Basis for Stating Drying 

Capacity of Batch and Continuous-Flow Grain Dryers. 

(Source: Amended at 20 Ill. Reg. 7605, effective May 22, 1996 ) 
3-34 

Section 212.464 Sources in Certain Areas 

a) Applicability. Notwithstanding Section 212.461 of this 

Subpart, this Section shall apply to those sources located 

in the Lake Calumet area as defined in Section 

212.324(a)(1)(B) of this Part. 

b) Emission Limitations 

1) No person shall cause or allow the emission of PM-10, 

other than that of fugitive particulate matter, into 

the atmosphere to exceed 22.9 mg/scm (0.01 gr/scf) 

during any one hour period from any process emission 

unit engaged in the drying, storing, mixing or 

treating of grain except for column grain dryers; in 

addition, no person shall cause or allow visible 

emissions of PM-10 other than fugitive particulate 

matter from grain conveying, transferring, loading, 

or unloading operations including garners, scales and 

cleaners. 

2) No person shall cause or allow the emission of 

fugitive particulate matter into the atmosphere from 

barges and other watercraft, truck or rail loading or 

unloading systems to exceed the limits specified in 

Section 212.123 of this Part. 

3) Column grain dryers shall not be eligible for the 

exemptions as provided in Section 212.461(g) of this 

Part. 

c) Exceptions. The mass emission limits contained in 

subsection (b) of this Section shall apply to those 

sources with no visible emissions other than that of 

fugitive particulate matter; however, if a stack test is 

performed, this subsection is not a defense to a finding 

of a violation of the mass emission limits contained in 

subsection (b) of this Section. 

d) Maintenance, Repair, and Recordkeeping. The requirements 

of Section 212.324 (f) and (g) of this Part shall also 

apply to this Section. 

e) Compliance Date. Emission units shall comply with the 

emission limitations and recordkeeping and reporting 

requirements of this Section May 11, 1993, or upon initial 

start-up, whichever occurs later. 

(Source: Amended at 20 Ill. Reg. 7605, effective May 22, 1996) 
3-35 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS 

FOR STATIONARY SOURCES 

PART 214 

SULFUR LIMITATIONS 

SUBPART A: GENERAL PROVISIONS 

Section 

214.100 Scope and Organization 

214.101 Measurement Methods 

214.102 Abbreviations and Units 

214.103 Definitions 

214.104 Incorporations by Reference 

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES 

Section 

214.120 Scope 

214.121 Large Sources 

214.122 Small Sources 

SUBPART C: EXISTING SOLID FUEL COMBUSTION EMISSION SOURCES 

Section 

214.140 Scope 

214.141 Sources Located in Metropolitan Areas 

214.142 Small Sources Located Outside Metropolitan Areas 

214.143 Large Sources Located Outside Metropolitan Areas 

SUBPART D: EXISTING LIQUID OR MIXED FUEL COMBUSTION EMISSION 

SOURCES 

Section 

214.161 Liquid Fuel Burned Exclusively 

214.162 Combination of Fuels 

SUBPART E: AGGREGATION OF SOURCES OUTSIDE METROPOLITAN AREAS 

Section 

214.181 Dispersion Enhancement Techniques 

214.182 Prohibition 

214.183 General Formula 

214.184 Special Formula 

214.185 Alternative Emission Rate 

214.186 New Operating Permits 
3-36 

SUBPART F: ALTERNATIVE STANDARDS FOR SOURCES INSIDE METROPOLITAN 

AREAS

Section 

214.201 Alternative Standards for Sources in Metropolitan Areas 

214.202 Dispersion Enhancement Techniques 

SUBPART K: PROCESS EMISSION SOURCES 

Section 

214.300 Scope 

214.301 General Limitation 

214.302 Exception for Air Pollution Control Equipment 

214.303 Use of Sulfuric Acid 

214.304 Fuel Burning Process Emission Source 

SUBPART O: PETROLEUM REFINING, PETROCHEMICAL AND CHEMICAL 

MANUFACTURING

Section 

214.380 Scope 

214.381 Sulfuric Acid Manufacturing 

214.382 Petroleum and Petrochemical Processes 

214.383 Chemical Manufacturing 

214.384 Sulfate and Sulfite Manufacturing 

SUBPART P: STONE, CLAY, GLASS AND CONCRETE PRODUCTS 

Section 

214.400 Scope 

214.401 Glass Melting and Heat Treating 

214.402 Lime Kilns 

SUBPART Q: PRIMARY AND SECONDARY METAL MANUFACTURING 

Section 

214.420 Scope 

214.421 Combination of Fuels at Steel Mills in Metropolitan 

Areas 

214.422 Secondary Lead Smelting in Metropolitan Areas 

214.423 Slab Reheat Furnaces in St. Louis Area 

SUBPART V: ELECTRIC POWER PLANTS 

Section 

214.521 Winnetka Power Plant 
3-37 

SUBPART X: UTILITIES 

Section 

214.560 Scope 

214.561 E. D. Edwards Electric Generating Station 

214.562 Coffeen Generating Station 

Appendix A Rule into Section Table 

Appendix B Section into Rule Table 

Appendix C Method used to Determine Average Actual Stack Height 

and Effective Height of Effluent Release 

Appendix D Past Compliance Dates 

AUTHORITY: Implementing Section 10 and authorized by Section 27 

of the Environmental Protection Act (Ill. Rev. Stat. 1989, Ch. 

111 1/2, pars. 1010 and 1027). 

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 204: Sulfur 

Emission Standards and Limitations, R71-23, 4 PCB 191, filed and 

effective April 14, 1972; amended in R74-2 and R75-5, 32 PCB 295, 

at 3 Ill. Reg. 5, p. 777, effective February 3, 1979; amended in 

R74-2, R75-5, 38 PCB 129, at 4 Ill. Reg. 28, p. 417, effective 

June 26, 1980; amended in R78-17, 40 PCB 291, at 5 Ill. Reg. 

1892, effective February 17, 1981; amended in R77-15, 44 PCB 267, 

at 6 Ill. Reg. 2146, effective January 28, 1982; amended and 

renumbered in R80-22(A), at 7 Ill. Reg. 4219, effective March 28, 

1983; codified 7 Ill. Reg. 13597; amended in R80-22(B), at 8 Ill. 

Reg. 6172, effective April 24, 1984; amended in R84-28, at 10 

Ill. Reg. 9806, effective May 20, 1986; amended in R86-31, at 12 

Ill. Reg. 17387, effective October 14, 1988; amended in R86-30, 

at 12 Ill. Reg. 20778, effective December 5, 1988; amended in 

R87-31 at 15 Ill. Reg. 1017, effective January 15, 1991. 

PART 214 

SULFUR LIMITATIONS 

SUBPART A: GENERAL PROVISIONS 

Section 214.100 Scope and Organization 

a) This Part sets standards and limitations for emission of 

sulfur from stationary sources. 

b) Permit for sources subject to this Part may be required 

pursuant to 35 Ill. Adm. Code 201. 

c) Notwithstanding the provisions of this Part, the air 

quality standards contained in 35 Ill. Adm. Code 243 may 

not be violated. 

d) This Part is divided into Subparts which are grouped as 

follows: 
3-38 

1) Subpart A: General Provisions 

2) Subparts B - J: Fuel Combustion Emission Sources and 

Incinerators 

3) Subparts K - M: Process Emission Sources 

4) Subparts N - End: Industry and site specific rules. 

e) These rules have been grouped for the convenience of the 

public; the scope of each is determined by its language 

and history. 

Section 214.101 Measurement Methods 

A determination of non-compliance based on any subsection of this 

Section shall not be refuted by evidence of compliance with any 

other subsection. 

a) Sulfur Dioxide Measurement. Measurement of sulfur dioxide 

emissions from stationary sources shall be made according 

to an applicable method specified in 40 CFR 60, Appendix 

A, Method 6, 6A, 6B, or 6C, incorporated by reference in 

Section 214.104(a), or by measurement procedures 

established pursuant to 40 CFR 60.8(b), incorporated by 

reference in Section 214.104(b). (Ill. Rev. Stat. 1989, 

Ch. 111 1/2, par. 1010.) 

b) Sulfuric Acid Mist and Sulfur Trioxide Measurement. 

Measurement of sulfuric acid mist and sulfur trioxide 

shall be according to the barium-thorin titration method 

specified in 40 CFR 60, Appendix A, Method 8, incorporated 

by reference in Section 214.104(a). 

c) Solid Fuel Averaging Measurement Daily Analysis Method. 

This subsection applies to sources at plants with total 

solid fuel-fired heat input capacity exceeding 439.5 MW 

(1500 million Btu/hr). If daily fuel analysis is used to 

demonstrate compliance or non-compliance with Sections 

214.122, 214.141, 214.142(a) 214.162, 214.186 and 214.421, 

the sulfur dioxide emission rate to be compared to the 

emission limit shall be considered to be the result of 

averaging daily samples taken over any consecutive twomonth period provided no more than 5 percent of the sample 

values are greater than 20 percent above the sample 

average. If samples from a source cannot meet this 

statistical criterion, each individual daily sample 

analysis for such source shall be compared to the source’s 

emission limit to determine compliance. The specific ASTM 

procedures, incorporated by reference in Section 

214.104(c), shall be used for solid fuel sampling, sulfur, 

and heating value determinations. 
3-39 

d) Weekly Analysis Method. This subsection applies to 

sources at plants with total solid fuel-fired heat input 

capacity exceeding 146.5 MW (500 million Btu/hr) but not 

exceeding 439.5 MW (1500 million Btu/hr). These plants 

shall demonstrate compliance or non-compliance with 

Sections 214.122, 214.141, 214.142(a), 214.162, 214.186 

and 214.421 by either an analysis of calendar weekly 

composites of daily fuel samples or by compliance with 

subsection (c) above, at the option of the plant. The 

specific ASTM procedures incorporated by reference in 

Section 214.104(c), shall be used for sulfur and heating 

value determinations. 

e) Monthly Analysis Method. This subsection applies to 

sources at plants with total fuel-fired heat input 

capacity exceeding 14.65 MW (50 millions Btu/hr) but not 

exceeding 146.5 MW (500 million Btu/hr). These plants 

shall demonstrate compliance or non-compliance with 

Sections 214.122, 214.141, 214.142(a), 214.162, 214.186 

and 214.421 by either an analysis of calendar monthly 

composites of daily fuel samples or by compliance with 

subsection (c) above, at the option of the plant. ASTM 

procedures incorporated by reference in Section 

214.104(c), shall be used for sulfur and heating value 

determinations. 

f) Small Source Alternative Method. This subsection applies 

to sources at plants with total solid fuel-fired heat 

input capacity not exceeding 14.65 MW (50 million Btu/hr). 

Compliance or non-compliance with Sections 214.122, 

214.141, 214.142(a), 214.162, 214.186 and 214.421 shall be 

demonstrated by a calendar month average sulfur dioxide 

emission rate. 

g) Exemptions. Subsections (c) through (f) shall not apply 

to sources controlling sulfur dioxide emissions by flue 

gas desulfurization equipment or by sorbent injection. 

h) Hydrogen Sulfide Measurement. For purposes of determining 

compliance with Section 214.382(c), the concentration of 

hydrogen sulfide in petroleum refinery fuel gas shall be 

measured using the Tutwiler Procedure specified in 40 CFR 

60.648, incorporated by reference in Section 214.104(d). 

(Source: Amended at 15 Ill. Reg. 1017, effective January 15, 1991) 

Section 214.102 Abbreviations and Units 

a) The following abbreviations are used in this Part: 

Btu British thermal units (60oF) 

ft foot 

gr grains 

J Joule 
3-40 

kg kilogram 

kg/MW-hr kilograms per megawatt-hour 

km kilometer 

lbs pounds 

lbs/mmBtu pounds per million Btu 

m meter 

mg milligram 

Mg megagram, metric ton or tonne 

mi mile 

mmBtu million British thermal units 

mmBtu/hr million British thermal units per 

hour 

MW megawatt; one million watts 

MW-hr megawatt-hour 

ng nanogram; one billionth of a gram 

by volume 

ng/J nanograms per Joule 

ppm parts per million 

scf standard cubic foot 

scm standard cubic meter 

T English ton 

b) The following conversion factors have been used in this 

Part: 

English Metric 

 

2.205 lb 1 kg 

1 T 0.907 Mg 

1 lb/T 0.500 kg/Mg 

mmBtu/hr 0.293 MW 

1 lb/mmBtu 1.548 kg/MW-hr 

1 mi 1.61 km 

1 gr/scf 2289 mg/scm 

(Source: Amended at 12 Ill. Reg. 20778, effective December 5, 1988) 

Section 214.103 Definitions 

The definitions of 35 Ill. Adm. Code 201 and 211 apply to this 

Part. 

Section 214.104 Incorporations by Reference 

The following materials are incorporated by reference. These 

incorporations do not include any later amendments or editions: 

a) 40 CFR 60, Appendix A (1989): 

1) Method 6: Determination of Sulfur Dioxide Emissions 

From Stationary Sources; 
3-41 

2) Method 6A: Determination of Sulfur Dioxide, Moisture, 

and Carbon Dioxide Emissions From Fossil Fuel 

Combustion Sources; 

3) Method 6B: Determination of Sulfur Dioxide and Carbon 

Dioxide Daily Average Emissions From Fossil Fuel 

Combustion Sources; 

4) Method 6C: Determination of Sulfur Dioxide Emissions 

From Stationary Sources (Instrumental Analyzer 

Procedure); 

5) Method 8: Determination of Sulfuric Acid Mist and 

Sulfur Dioxide Emissions From Stationary Sources. 

b) 40 CFR 60.8(b) (1989), Performance Tests. 

c) American Society for Testing and Materials, 1916 Race 

Street, Philadelphia, PA 19103: 

1) For solid fuel sampling: 

ASTM D-2234 (1989) 

ASTM D-2013 (1986) 

2) For sulfur determinations: 

ASTM D-3177 (1984) 

ASTM D-2622 (1987) 

ASTM D-3180 (1984) 

ASTM D-4239 (1985) 

3) For heating value determinations: 

ASTM D-2015 (1985) 

ASTM D-3286 (1985) 

d) Tutwiler Procedure for hydrogen sulfide, 40 CFR 60.648 

(1989). 

(Source: Amended at 15 Ill. Reg. 1017, effective January 15, 1991) 

PART 214 

SULFUR LIMITATIONS 

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES 

Section 214.120 Scope 

Subparts B through F contain general rules for sulfur emissions 

from fuel combustion emission sources. These may be modified by 

industry and site specific rules in Subparts N et seq. 

Section 214.121 Large Sources 

This section applies to new fuel combustion emission sources with 

actual heat input greater than 73.2 MW (250 mmBtu/hr). 
3-42 

a) Solid Fuel Burned Exclusively. No person shall cause or 

allow the emission of sulfur dioxide into the atmosphere 

in any one hour period from any new fuel combustion 

emission source greater than 73.2 MW (250 mmBtu/hr), 

burning solid fuel exclusively, to exceed 1.86 kg of 

sulfur dioxide per MW-hr of actual heat input (1.2 

lbs/mmBtu). (Board Note: This section was invalidated in 

Commonwealth Edison v. PCB, 25 Ill. App. 3d 271, 62 Ill.2d 

494, 43 N.E.2d 84, Ashland Chemical Corp. v. PCB, 64 Ill. 

App.3d 169, and Illinois State Chamber of Commerce v. PCB, 

67 Ill. App.3d 839, 384 N.E.2d 922, 78 Ill.2d 1, 398 

N.E.2d 9.) 

b) Liquid Fuel Burned Exclusively. No person shall cause or 

allow the emission of sulfur dioxide into the atmosphere 

in any one hour period from any new fuel combustion 

emission source greater than 73.2 MW (250 mmBtu/hr), 

burning liquid fuel exclusively: 

1) To exceed 1.2 kg of sulfur dioxide per MW-hr of 

actual heat input when residual fuel oil is burned 

(0.8 lbs/mmBtu); and 

2) To exceed 0.46 kg of sulfur dioxide per MW-hr of 

actual heat input when distillate fuel oil is burned 

(0.3 lbs/mmBtu). 

(Source: Amended at 7 Ill. Reg. 4219, effective March 28, 1983) 

Section 214.122 Small Sources 

This section applies to new fuel combustion emission sources with 

actual heat input smaller than, or equal to, 73.2 MW (250 

mmBtu/hr). 

a) Solid Fuel Burned Exclusively. No person shall cause or 

allow the emission of sulfur dioxide into the atmosphere 

in any one hour period from any new fuel combustion source 

with actual heat input smaller than, or equal to, 73.2 MW 

(250 mmBtu/hr), burning solid fuel exclusively, to exceed 

2.79 kg of sulfur dioxide per MW-hr of actual heat input 

(1.8 lbs/mmBtu). 

b) Liquid Fuel Burned Exclusively. No person shall cause or 

allow the emission of sulfur dioxide into the atmosphere 

in any one hour period from any new fuel combustion source 

with actual heat input smaller than, or equal to, 73.2 MW 

(250 mmBtu/hr), burning liquid fuel exclusively: 

1) To exceed 1.55 kg of sulfur dioxide per MW-hr of 

actual heat input when residential fuel oil is burned 

(0.8 lbs/mmBtu); and 
3-43 

2) To exceed 0.46 kg of sulfur dioxide per MW-hr of 

actual heat input when distillate fuel oil is burned 

(0.3 lbs/mmBtu). 

(Source: Amended at 4 Ill. Reg. 28, p. 417, effective June 26, 1980) 

PART 214 

SULFUR LIMITATIONS 

SUBPART K: PROCESS EMISSION SOURCES 

Section 214.300 Scope 

Subpart K contains general rules for sulfur emissions from 

process sources. These may be modified by industry and site 

specific rules in Subparts N et seq. 

Section 214.301 General Limitation 

Except as further provided by this Part, no person shall cause or 

allow the emission of sulfur dioxide into the atmosphere from any 

process emission source to excess 2000 ppm. 

(Source: Amended at 7 Ill. Reg. 4219, effective March 28, 1983) 

Section 214.302 Exception for Air Pollution Control Equipment 

Section 214.301 shall not apply to processes designed to remove 

sulfur compounds from the flue gases of fuel combustion emission 

sources. 

(Source: Amended at 7 Ill. Reg. 4219, effective March 28, 1983) 

Section 214.303 Use of Sulfuric Acid 

With the exception of fuel combustion emission sources and acid 

manufacturing, no person using sulfuric acid shall cause or allow 

the emission of sulfuric acid and/or sulfur trioxide from all 

other similar emission sources at a plant or premises to exceed: 

a) 45.4 grams in any one hour period for sulfuric acid usage 

less than 1180 MG/yr (100 percent acid basis) (0.10 lbs/hr 

up to 1300 T/yr); 

b) 250 grams per metric ton of acid used for sulfuric acid 

usage greater than or equal to 1180 Mg/yr (100 percent 

acid basis) (0.50 lbs/T over 1300 T/yr). 

(Source: Amended at 7 Ill. Reg. 4219, effective March 28, 1983) 

Section 214.304 Fuel Burning Process Emission Source 

The emissions from the burning of fuel at process emission 

sources located in the Chicago or St. Louis (Illinois) major 
3-44 

metropolitan areas shall comply with applicable Subparts B 

through F, except as follows: No person shall cause or allow the 

emissions of sulfur into the atmosphere in any one hour period 

from burning tea leaves as fuel to exceed 0.70 pounds of sulfur 

dioxide per mmBtu of actual heat input. 

(Source: Added at 7 Ill. Reg. 4219, effective March 28, 1983) 

PART 215 

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS 

SUBPART A: GENERAL 

Section 

215.100 Introduction 

215.101 Clean-up and Disposal Operations 

215.102 Testing Methods 

215.103 Abbreviations and Conversion Factors 

215.104 Definitions 

215.105 Incorporation by Reference 

215.106 Afterburners 

215.107 Determination of Applicability 

215.108 Measurement of Vapor Pressures 

215.109 Monitoring for Negligibly-Reactive Compounds 

SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING 

OPERATIONS 

Section 

215.121 Storage Containers 

215.122 Loading Operations 

215.123 Petroleum Liquid Storage Tanks 

215.124 External Floating Roofs 

215.125 Compliance Dates and Geographical Areas 

215.126 Compliance Plan 

215.127 Emissions Testing 

215.128 Measurement of Seal Gaps 

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT 

Section 

215.141 Separation Operations 

215.142 Pumps and Compressors 

215.143 Vapor Blowdown 

215.144 Safety Relief Valves 

SUBPART E: SOLVENT CLEANING 

Section 

215.181 Solvent Cleaning in General 

215.182 Cold Cleaning 

215.183 Open Top Vapor Degreasing 

215.184 Conveyorized Degreasing 

215.185 Compliance Plan 
3-45 

SUBPART F: COATING OPERATIONS 

Section 

215.202 Compliance Schedules 

215.204 Emission Limitations for Manufacturing Plants 

215.205 Alternative Emission Limitations 

215.206 Exemptions from Emission Limitations 

215.207 Compliance by Aggregation of Emission Units 

215.208 Testing Methods for Volatile Organic Material Content 

215.209 Exemption from General Rule on Use of Organic Material 

215.210 Alternative Compliance Schedule 

215.211 Compliance Dates and Geographical Areas 

215.212 Compliance Plan 

215.213 Special Requirements for Compliance Plan 

215.214 Roadmaster Emissions Limitations (Repealed) 

215.215 DMI Emissions Limitations 

SUBPART H: SPECIAL LIMITATIONS FOR SOURCES IN MAJOR 

URBANIZED AREAS WHICH ARE NONATTAINMENT FOR OZONE 

Section 

215.240 Applicability 

215.241 External Floating Roofs 

215.245 Flexographic and Rotogravure Printing 

215.249 Compliance Dates 

SUBPART I: ADJUSTED RACT EMISSIONS LIMITATIONS 

Section 

215.260 Applicability 

215.261 Petition 

215.263 Public Hearing 

215.264 Board Action 

215.267 Agency Petition 

SUBPART K: USE OF ORGANIC MATERIAL 

Section 

215.301 Use of Organic Material 

215.302 Alternative Standard 

215.303 Fuel Combustion Emission Sources 

215.304 Operations with Compliance Program 

215.305 Viscose Exemption (Repealed) 

SUBPART N: VEGETABLE OIL PROCESSING 

Section 

215.340 Hexane Extraction Soybean Crushing 

215.342 Hexane Extraction Corn Oil Processing 

215.344 Recordkeeping for Vegetable Oil Processes 

215.345 Compliance Determination 

215.346 Compliance Dates and Geographical Areas 

215.347 Compliance Plan 

SUBPART P: PRINTING AND PUBLISHING 

Section 

215.401 Flexographic and Rotogravure Printing 

215.402 Exemptions 

215.403 Applicability of Subpart K 
3-46 

215.404 Testing and Monitoring (Repealed) 

215.405 Compliance Dates and Geographical Areas 

215.406 Alternative Compliance Plan 

215.407 Compliance Plan 

215.408 Heatset Web Offset Lithographic Printing 

215.409 Testing Methods for Volatile Organic Material Content 

215.410 Emissions Testing 

SUBPART Q: LEAKS FROM SYNTHETIC ORGANIC CHEMICAL AND 

POLYMER MANUFACTURING EQUIPMENT 

Section 

215.420 Applicability 

215.421 General Requirements 

215.422 Inspection Program Plan for Leaks 

215.423 Inspection Program for Leaks 

215.424 Repairing Leaks 

215.425 Recordkeeping for Leaks 

215.426 Report for Leaks 

215.427 Alternative Program for Leaks 

215.428 Compliance Dates 

215.429 Compliance Plan 

215.430 General Requirements 

215.431 Inspection Program Plan for Leaks 

215.432 Inspection Program for Leaks 

215.433 Repairing Leaks 

215.434 Recordkeeping for Leaks 

215.435 Report for Leaks 

215.436 Alternative Program for Leaks 

215.437 Open-Ended Valves 

215.438 Standards for Control Devices 

215.439 Compliance Plan 

SUBPART R: PETROLEUM REFINING AND RELATED INDUSTRIES; 

ASPHALT MATERIALS 

Section 

215.441 Petroleum Refinery Waste Gas Disposal 

215.442 Vacuum Producing Systems 

215.443 Wastewater (Oil/Water) Separator 

215.444 Process Unit Turnarounds 

215.445 Leaks: General Requirements 

215.446 Monitoring Program Plan for Leaks 

215.447 Monitoring Program for Leaks 

215.448 Recordkeeping for Leaks 

215.449 Reporting for Leaks 

215.450 Alternative Program for Leaks 

215.451 Sealing Device Requirements 

215.452 Compliance Schedule for Leaks 

215.453 Compliance Dates and Geographical Areas 

SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS 

Section 

215.461 Manufacture of Pneumatic Rubber Tires 

215.462 Green Tire Spraying Operations 

215.463 Alternative Emission Reduction Systems 
3-47 

215.464 Emissions Testing 

215.465 Compliance Dates and Geographical Areas 

215.466 Compliance Plan 

215.467 Testing Methods for Volatile Organic Material Content 

SUBPART T: PHARMACEUTICAL MANUFACTURING 

Section 

215.480 Applicability of Subpart T 

215.481 Control of Reactors, Distillation Units, Crystallizers, 

Centrifuges and Vacuum Dryers 

215.482 Control of Air Dryers, Production Equipment Exhaust 

Systems and Filters 

215.483 Material Storage and Transfer 

215.484 In-Process Tanks 

215.485 Leaks 

215.486 Other Emission Sources 

215.487 Testing 

215.488 Monitors for Air Pollution Control Equipment 

215.489 Recordkeeping (Renumbered) 

215.490 Compliance Schedule (Renumbered) 

SUBPART U: COKE MANUFACTURING AND BY-PRODUCT RECOVERY 

Section 

215.500 Exceptions 

215.510 Coke By-Product Recovery Plants 

215.512 Coke By-Product Recovery Plant Leaks 

215.513 Inspection Program 

215.514 Recordkeeping Requirements 

215.515 Reporting Requirements 

215.516 Compliance Dates 

215.517 Compliance Plan 

SUBPART V: AIR OXIDATION PROCESSES 

Section 

215.520 Applicability 

215.521 Definitions 

215.525 Emission Limitations for Air Oxidation Processes 

215.526 Testing and Monitoring 

215.527 Compliance Date 

SUBPART W: AGRICULTURE 

Section 

215.541 Pesticide Exception 

SUBPART X: CONSTRUCTION 

Section 

215.561 Architectural Coatings 

215.562 Paving Operations 

215.563 Cutback Asphalt 

SUBPART Y: GASOLINE DISTRIBUTION 

Section 

215.581 Bulk Gasoline Plants 

215.582 Bulk Gasoline Terminals 
3-48 

215.583 Gasoline Dispensing Facilities - Storage Tank Filling 

Operations 

215.584 Gasoline Delivery Vessels 

215.585 Gasoline Volatility Standards 

215.586 Emissions Testing 

SUBPART Z: DRY CLEANERS 

Section 

215.601 Perchloroethylene Dry Cleaners (Repealed) 

215.602 Exemptions (Repealed) 

215.603 Leaks (Repealed) 

215.604 Compliance Dates and Geographical Areas (Repealed) 

215.605 Compliance Plan (Repealed) 

215.606 Exception to Compliance Plan (Repealed) 

215.607 Standards for Petroleum Solvent Dry Cleaners 

215.608 Operating Practices for Petroleum Solvent Dry Cleaners 

215.609 Program for Inspection and Repair of Leaks 

215.610 Testing and Monitoring 

215.611 Exemption for Petroleum Solvent Dry Cleaners 

215.612 Compliance Dates and Geographical Areas 

215.613 Compliance Plan 

215.614 Testing Method for Volatile Organic Material Content of 

Wastes 

215.615 Emissions Testing 

SUBPART AA: PAINT AND INK MANUFACTURING 

Section 

215.620 Applicability 

215.621 Exemption for Waterbase Material and Heatset Offset Ink 

215.623 Permit Conditions 

215.624 Open-top Mills, Tanks, Vats or Vessels 

215.625 Grinding Mills 

215.628 Leaks 

215.630 Clean Up 

215.636 Compliance Date 

SUBPART BB: POLYSTYRENE PLANTS 

Section 

215.875 Applicability of Subpart BB 

215.877 Emissions Limitation at Polystyrene Plants 

215.879 Compliance Date 

215.881 Compliance Plan 

215.883 Special Requirements for Compliance Plan 

215.886 Emissions Testing 

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT MANUFACTURING 

PROCESSES 

Section 

215.920 Applicability 

215.923 Permit Conditions 

215.926 Control Requirements 
3-49 

SUBPART QQ: MISCELLANEOUS FORMULATION MANUFACTURING 

PROCESSES 

Section 

215.940 Applicability 

215.943 Permit Conditions 

215.946 Control Requirements 

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING 

PROCESSES 

Section 

215.960 Applicability 

215.963 Permit Conditions 

215.966 Control Requirements 

215.Appendix A Rule into Section Table 

215.Appendix B Section into Rule Table 

215.Appendix C Past Compliance Dates 

215.Appendix D List of Chemicals Defining Synthetic Organic 

Chemical and Polymer Manufacturing 

215.Appendix E Reference Methods and Procedures 

215.Appendix F Coefficients for the Total Resource 

Effectiveness Index (TRE) Equation 

AUTHORITY: Implementing Sections 9.1 and 10 and authorized by 

Section 27 of the Environmental Protection Act [415 ILCS 5/9.1, 

10 and 27]. 

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 205: Organic 

Material Emission Standards and Limitations, R71-23, 4 PCB 191, 

filed and effective April 14, 1972; amended in R77-3, 33 PCB 357, 

at 3 Ill. Reg. 18, p. 41, effective May 3, 1979; amended in R78-

3 and R78-4, 35 PCB 75, at 3 Ill. Reg. 30, p. 124, effective 

July 28, 1979; amended in R80-5 at 7 Ill. Reg. 1244, effective 

January 21, 1983; codified at 7 Ill. Reg. 13601 Corrected at 7 

Ill. Reg. 14575; amended in R82-14 at 8 Ill. Reg. 13254, 

effective July 12, 1984; amended in R83-36 at 9 Ill. Reg. 9114, 

effective May 30, 1985; amended in R82-14 at 9 Ill. Reg. 13960, 

effective August 28, 1985; amended in R85-28 at 11 Ill. Reg. 

3127, effective February 3, 1987; amended in R82-14 at 11 Ill. 

Reg. 7296, effective April 3, 1987; amended in R85-21(A) at 11 

Ill. Reg. 11770, effective June 29, 1987; recodified in R86-39 at 

11 Ill. Reg. 13541; amended in R82-14 and R86-12 at 11 Ill. Reg. 

16706, effective September 30, 1987; amended in R85-21(B) at 11 

Ill. Reg. 19117, effective November 9, 1987; amended in R86-36, 

R86-39, R86-40 at 11 Ill. Reg. 20829, effective December 14, 

1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 815, effective 

December 24, 1987; amended in R86-18 at 12 Ill. Reg. 7311, 

effective April 8, 1988; amended in R86-10 at 12 Ill. Reg. 7650, 

effective April 11, 1988; amended in R88-23 at 13 Ill. Reg. 

10893, effective June 27, 1989; amended in R88-30(A) at 14 Ill. 

Reg. 3555, effective February 27, 1990; emergency amendments in 

R88-30A at 14 Ill. Reg. 6421, effective April 11, 1990, for a 

maximum of 150 days; amended in R88-19 at 14 Ill. Reg. 7596, 

effective May 8, 1990; amended in R89-16(A) at 14 Ill. Reg. 9173, 
3-50 

effective May 23, 1990; amended in R88-30(B) at 15 Ill. Reg. 

3309, effective February 15, 1991; amended in R88-14 at 15 Ill. 

Reg. 8018, effective May 14, 1991; amended in R91-7 at 15 Ill. 

Reg. 12217, effective August 19, 1991; amended in R91-10 at 15 

Ill. Reg. 15595, effective October 11, 1991; amended in R89-7(B) 

at 15 Ill. Reg. 17687, effective November 26, 1991; amended in 

R91-9 at 16 Ill. Reg. 3132, effective February 18, 1992; amended 

in R91-24 at 16 Ill. Reg. 13555, effective August 24, 1992; 

amended in R91-30 at 16 Ill. Reg. 13849, effective 

August 24, 1992; amended in R98-15 at 22 Ill. Reg. 11427, 

effective June 19, 1998. 

PART 215 

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS 

SUBPART A: GENERAL PROVISIONS 

Section 215.100 Introduction 

a) This Part contains standards and limitations for emissions 

of organic material from stationary sources located in 

areas other than the Chicago area counties of Cook, 

DuPage, Kane, Lake, McHenry, and Will, the Townships of 

Aux Sable and Goose Lake in Grundy County, and the 

Township of Oswego in Kendall County, and the Metro East 

area counties of Madison, Monroe, and St. Clair. 

Standards and limitations applying in the Chicago area are 

set forth in 35 Ill. Adm. Code 218. Standards and 

limitations applying in the Metro East area are set forth 

in 35 Ill. Adm. Code 219. 

1) Notwithstanding any other provision of this Part, the 

provisions of this Part shall not apply to sources 

located in the Chicago area counties of Cook, DuPage, 

Kane, Lake, McHenry, and Will, the Townships of Aux 

Sable and Goose Lake in Grundy County, and the 

Township of Oswego in Kendall County, unless the 

provisions of 35 Ill. Adm. Code Part 218 applicable 

to such sources are voided or otherwise made 

ineffective pursuant to Section 218.100 of 35 Ill. 

Adm. Code Part 218. 

2) Notwithstanding any other provision of this Part, the 

provisions of this Part shall not apply to sources in 

the Metro East area counties of Madison, Monroe and 

St. Clair unless the provisions of 35 Ill. Adm. Code 

Part 219 applicable to such sources are voided or 

otherwise made ineffective pursuant to Section 

219.100 of 35 Ill. Adm. Code Part 219. 

b) Sources subject to this Part may be subject to the 

following: 
3-51 

1) Permits required under 35 Ill. Adm. Code 201; 

2) Air quality standards under 35 Ill. Adm. Code 243. 

c) This Part is divided into Subparts which are grouped as 

follows: 

1) Subpart A: General Provisions; 

2) Subpart B - J: Emissions from equipment and 

operations in common to more than one industry; 

3) Subparts K - M: Emissions from use of organic 

material; 

4) Subpart N - end: Special rules for various industry 

groups. 

(Source: Amended at 16 Ill. Reg. 13849, effective August 24, 1992) 

Section 215.101 Clean-up and Disposal Operations 

Emission of organic material released during clean-up operations 

and disposal shall be included with other emissions of organic 

material from the related emission source or air pollution 

control equipment in determining total emissions. 

(Source: Amended at 3 Ill. Reg. 30, p. 124, effective July 28, 1979) 

Section 215.102 Testing Methods 

Volatile organic material or organic material concentrations in a 

stream is measured by Method 18, 40 CFR 60, Appendix A, 

incorporated by reference in Section 215.105, Measurement of 

Gaseous Organic Compounds incorporated by reference in 215.105 

except as follows. ASTM D-4457, incorporated by reference in 

Section 215.105, may be used for halogenated organic compounds. 

Method 25, 25A or 25B, 40 CFR 60, Appendix A, incorporated by 

reference in 215.105 may be substituted for Method 18 provided 

the source owner or operator submits calibration data and other 

proof that this method provides the information in the emission 

units of the applicable standard. The volumetric flow rate and 

gas velocity is determined in accordance with Methods 1, 1A, 2, 

2A, 2C, 2D, 3 and 4, 40 CFR Part 60, Appendix A, incorporated by 

reference in 215.105. Any other alternate test method must be 

approved by the Agency, which shall consider data comparing the 

performance of the proposed alternative to the performance of the 

approved test method(s). If the Agency determines that such data 

demonstrates that the proposed alternative will achieve results 

equivalent to the approved test method(s), the Agency shall 

approve the proposed alternative. 

(Source: Amended at 15 Ill. Reg. 8018, effective May 14, 1991) 
3-52 

Section 215.103 Abbreviations and Conversion Factors 

a. The following abbreviations are used in this Part: 

bbl barrels (42 gal) 

°C degrees Celsius or centigrade 

cu in cubic inches 

°F degrees Fahrenheit 

ft foot 

g gram 

g/mole grams per mole 

gal gallon 

hr hour 

in inch 

°K degrees Kelvin 

kcal kilocalorie 

kg kilogram 

kg/hr kilograms per hour 

kPa kilopascals; one thousand newtons per square meter 

l liter 

lb pound 

lbs/hr pounds per hour 

lbs/gal pounds per gallon 

m meter 

Mg megagram, metric ton or tonne 

min minute 

MJ mega joules 

mm Hg millimeters of mercury 

ml milliliter 

ppm parts per million 

ppmv parts per million by volume 

psi pounds per square inch 

psia pounds per square inch absolute 

psig pounds per square inch gauge 

scm standard cubic meters 

T English ton 

b. The following conversion factors have been used in this Part: 

English Metric 

 

1 gal 3.785 1 

1000 gal 3,785 1 or 3.785 cubic meters 

1 psia 6.897 kPa (51.71 mm Hg) 

2.205 lbs 1 kg 

1 bbl 159.01 1 

1 cu in 16.39 ml 

1 lb/gal 119,800 mg/l 

1T 0.907 mg 

(Source: Amended at 12 Ill. Reg. 815, effective December 24, 1987) 
3-53 

Section 215.104 Definitions 

The definitions of 35 Ill. Adm. Code 201 and 211 apply to this 

Part, as well as the definitions contained in this Section. 

Where the definition contained in this Section is more specific 

than that found in 35 Ill. Adm. Code 201 or 211, it shall take 

precedence in application of this Part. 

“Furniture Coating Application Line”: The combination of 

coating application equipment, flash-off area, spray 

booths, ovens, conveyors, and other equipment operated in 

a predetermined sequence for purpose of applying coating 

to wood furniture. 

“In Vacuum Service:” For the purposes of Subpart Q, 

Sections 215.430 through 215.438 equipment which is 

operating at an internal pressure that is at least 5 kPa 

(0.73 psia) below ambient pressure. 

“Opaque Stains”: All stains containing pigments not 

classified as semi-transparent stains including stains, 

glazes and other opaque material to give character to 

wood. 

“Reid vapor pressure”: is the standardized measure of the 

vapor pressure of a liquid in pounds per square inch 

absolute (psia) at 100°F (37.8°C). 

(Source: Amended at 22 Ill. Reg. 11427, effective June 19, 1998) 

Section 215.105 Incorporation by Reference 

The following materials are incorporated by reference: 

a) American Society for Testing and Materials, 1916 Race 

Street, Philadelphia, PA 19103: 

1) ASTM D 1644-59 Method A 

2) ASTM D 1475-60 

3) ASTM D 2369-81 

4) ASTM D 2879-83 (Approved 1983); ASTM D 2879-86 

(Approved 1986) 

5) ASTM D 323-82 (Approved 1982) 

6) ASTM D 86-82 (Approved 1982) 

7) ASTM E 260-73 (Approved 1973), E 168 - 67 (Reapproved 

1977), E 169 - 63 (Reapproved 1981), E 20 (Approved 

1985) 
3-54 

8) ASTM D 97-66 

9) ASTM D 1946-67 

10) ASTM D 2382-76 

11) ASTM D 2504-83 

12) ASTM D 2382-83 

13) ASTM D-4057-81 (Approved 1981) 

14) ASTM D-4177-82 (Approved 1982) 

15) ASTM D-4953-89 

16) ASTM D-4457-85 

b) Federal Standard 141a, Method 4082.1. 

c) National Fire Codes, National Fire Protection Association, 

Battery March Park, Quincy, Massachusetts 02269 (1979). 

d) United States Environmental Protection Agency, Washington, 

D.C., EPA-450/2-77-026, Appendix A. 

e) United States Environmental Protection Agency, Washington, 

D.C., EPA-450/2-78-051 Appendix A and Appendix B (December 

1978). 

f) Standards Industrial Classification Manual, published by 

Executive Office of the President, Office of Management 

and Budget, Washington, D.C., 1972. 

g) 40 CFR 60 (1989). 

h) United States Environmental Protection Agency, Washington 

D.C., EPA-450/2-78-041. 

i) 40 CFR 80, Appendices D, E, and F (1989). 

j) Elsevier Scientific Publishing Co., New York, "The Vapor 

Pressure of Pure Substances" (1973), Boublik, T., V. Fried 

and E. Hala. 

k) McGraw-Hill Book Company, “Perry’s Chemical Engineer’s 

Handbook” (1984). 

l) Chemical Rubber Publishing Company, "CRC Handbook of 

Chemistry and Physics" (1968-87). 

m) McGraw-Hill Book Company, "Lange’s Handbook of Chemistry" 

(1985) John A. Dean, Editor. 
3-55 

n) United States Environmental Protection Agency, Washington 

D.C., "Control of Volatile Organic Emissions from 

Manufacture of Synthesized Pharmaceutical Products", (EPA450/2-78-029). 

BOARD NOTE: The incorporations by reference listed above 

contain no later amendments or editions. 

(Source: Amended at 15 Ill. Reg. 8018, effective May 14, 1991) 

Section 215.106 Afterburners 

The operation of any oil fired or natural gas fired after-burner 

and capture system used to comply with this Part of any section 

thereof is not required during the period of November 1 of any 

year to April 1 of the following year provided that: 

a) The operation of such devices is not required for purposes 

of occupational safety or health, or for the control of 

toxic substances, odor nuisances or other regulated 

pollutants; and 

b) Such devices are operated for the duration of any period 

for which an ozone advisory, alert or emergency has been 

declared pursuant to 35 Ill. Adm. Code 244. 

(Source: Amended at 3 Ill. Reg. 30, p. 124, effective July 28, 1979) 

Section 215.107 Determination of Applicability 

a) In determining the applicability of regulations in this 

Part which are qualified by "when averaged over the 

preceding three calendar years" the "preceding three 

calendar years" shall mean: 

1) The three years preceding the date by which 

compliance is required for purposes of determining 

initial applicability to existing sources; 

2) Any consecutive three year period for purposes of 

determining applicability to sources not previously 

subject to the regulation on the date by which 

compliance is required. 

b) Sources to which the regulation has been applicable at any 

time shall continue to be subject to the applicable 

limitations even if operations change so as to result in 

an average which is below that which initially made the 

regulation applicable to those sources’ operations. 

(Source: Added in R85-21 (A) at 11 Ill. Reg. 11770, effective 

June 29, 1987) 
3-56 

Section 215.108 Measurement of Vapor Pressures 

a) Vapor Pressure of Volatile Organic Liquids 

1) If the volatile organic liquid consists of only a 

single compound, the vapor pressure shall be 

determined by ASTM Method D 2879-86, or the vapor 

pressure may be obtained from a published source such 

as “The Vapor Pressure of Pure Substances," "Perry’s 

Chemical Engineer’s Handbook” “CRC Handbook of 

Chemistry and Physics,” or “Lange's Handbook of 

Chemistry,” each source incorporated by reference at 

Section 215.105. 

2) If the volatile organic liquid is a mixture, the 

vapor pressure shall be determined by ASTM Method D 

2879-86 or by the following equation: 

∑

=

= n

i 1

Pvol PiXi

Where: 

Pvo1 = Total vapor pressure of the mixture. 

n = Number of components in the mixture. 

i = Subscript denoting an individual component. 

Pi = Vapor pressure of a component determined in 

accordance with subsection (a)(1). 

Xi = Mole fraction of the component in the total 

mixture. 

b) Vapor Pressure of Organic Material or Solvent 

1) If the organic material or solvent consists of only a 

single compound, the vapor pressure shall be 

determined by ASTM Method D2879-86, or the vapor 

pressure may be obtained from a published source such 

as “The Vapor Pressure of Pure Substances,” “Perry’s 

Chemical Engineer’s Handbook,” “CRC Handbook of 

Chemistry and Physics,” or “Lange’s Handbook of 

Chemistry,” each source incorporated by reference at 

Section 215.105. 

2) If the organic material or solvent is a mixture made 

up of both organic material compounds and compounds 

which are not organic material, the vapor pressure 

shall be determined by the following equation: 
3-57 

∑

∑

=

= = n

i 1

i

n

i 1

i i

om

X

P X

P

Where: 

Pom = Total vapor pressure of the portion of the 

mixture which is composed of organic material. 

n = Number of organic material components in the 

mixture. 

i = Subscript denoting an individual component. 

Pi = Vapor pressure of an organic material 

component determined in accordance with 

subsection (b)(1). 

Xi = Mole fraction of the organic material 

component of the total mixture. 

3) If the organic material or solvent is a mixture made 

up of only organic material compounds, the vapor 

pressure shall be determined by ASTM Method D2879-86 

or by the above equation. 

c) Vapor Pressure of Volatile Organic Material 

1) If the volatile organic material consists of only a 

single compound, the vapor pressure shall be 

determined by ASTM Method D2879-86, or the vapor 

pressure may be obtained from a published source such 

as "The Vapor Pressure of Pure Substances," "Perry’s 

Chemical Engineer’s Handbook," "CRC Handbook of 

Chemistry and Physics," or "Lange’s Handbook of 

Chemistry," each source incorporated by reference at 

Section 215.105. 

2) If the volatile organic material is a mixture made up 

of both volatile organic material compounds and 

compounds which are not volatile organic material, 

the vapor pressure shall be determined by the 

following equation: 

∑

∑

=

= = n

i 1

i

n

i 1

i i

vom

X

P X

P

Where: 
3-58 

Pvom = Total vapor pressure of the portion of the 

mixture which is composed of volatile organic 

material. 

n = Number of volatile organic material components 

in the mixture. 

i = Subscript denoting an individual component. 

Pi = Vapor pressure of a volatile organic material 

component determined in accordance with 

subsection (c)(1). 

Xi = Mole fraction of the volatile organic material 

component of the total mixture. 

3) If the volatile organic material is a mixture made up 

of only volatile organic material compounds, the 

vapor pressure shall be determined by ASTM D2879-86 

or by the above equation. 

(Source: Added at 15 Ill. Reg. 8018, effective May 14, 1991) 
3-59 

PART 215 

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS 

SUBPART A: GENERAL PROVISIONS

Section 215.109 Monitoring for Negligibly-Reactive Compounds 

Any provision of 35 Ill. Adm. Code 211 notwithstanding, the 

Agency may require an owner or operator to submit monitoring or 

testing methods and results for any of the compounds listed at 35 

Ill. Adm. Code 211.7150 as exempted from the definition of 

“volatile organic material” demonstrating the amount of exempted 

compounds in the source’s emissions, as a precondition to such 

exemption, where direct quantification of volatile organic 

material emissions is not possible due to any of the following 

circumstances which make it necessary to quantify the exempt 

compound emissions in order to quantify volatile organic material 

emissions: 

a) VOM and exempted compounds are mixed together in the same 

emissions; 

b) There are a large number of exempted compounds in the same 

emissions; or 

c) The chemical composition of the exempted compounds in the 

emissions is not known. 

Board Note: Derived from the USEPA “Recommended Policy on 

the Control of Volatile Organic Compounds”, as amended at 

56 Fed. Reg. 11418, March 18, 1991, and subsequently 

codified as 40 CFR 51.100(s), as added at 57 Fed. Reg. 

3941 (Feb. 3, 1992). See also 35 Ill. Adm. Code 211.7150 

for the basic definition of “volatile organic material.” 

USEPA is not bound by any state determination as to 

monitoring. 40 CFR 51.100(s)(4). 

(Source: Amended at 22 Ill. Reg. 11427, effective June 19, 1998) 

SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS 

Section 215.121 Storage Containers 

No person shall cause or allow the storage of any volatile 

organic liquid with a vapor pressure of 17.24 kPa (2.5 psia) or 

greater at 294.3 K (70 F) or any gaseous organic material in any 

stationary tank, reservoir or other container of more than 151 

cubic meters (40,000 gal) capacity unless such tank, reservoir or 

other container: 

a) Is a pressure tank capable of withstanding the vapor 

pressure of such liquid or the pressure of the gas, so as 

to prevent vapor or gas loss to the atmosphere at all 

times; or, 
3-60 

b) Is designed and equipped with one of the following vapor 

loss control devices: 

1) A floating roof which rests on the surface of the 

volatile organic liquid and is equipped with a 

closure seal or seals between the roof edge and the 

tank wall. Such floating roof shall not be permitted 

if the volatile organic liquid has a vapor pressure 

of 86.19 kPa (12.5 psia) or greater at 294.3°K 

(70°F). No person shall cause or allow the emission 

of air contaminants into the atmosphere from any 

gauging or sampling devices attached to such tanks, 

except during sampling or maintenance operations. 

2) A vapor recovery system consisting of: 

A) A vapor gathering system capable of collecting 

85% or more of the uncontrolled volatile 

organic material that would be otherwise 

emitted to the atmosphere; and, 

B) A vapor disposal system capable of processing 

such volatile organic material so as to 

prevent its emission to the atmosphere. No 

person shall cause or allow the emission of 

air contaminants into the atmosphere from any 

gauging or sampling devices attached to such 

tank, reservoir or other container except 

during sampling. 

3) Other equipment or means of equal efficiency approved 

by the Agency according to the provisions of 35 Ill. 

Adm. Code 201. 

(Source: Amended at 12 Ill. Reg. 815, effective December 24, 1987) 

Section 215.122 Loading Operations 

a) No person shall cause or allow the discharge of more than 

3.6 kg/hr (8 lbs/hr) of organic material into the 

atmosphere during the loading of any organic material from 

the aggregate loading pipes of any loading facility having 

through-put of greater than 151 cubic meters per day 

(40,000 gal/day) into any railroad tank car, tank truck or 

trailer unless such loading facility is equipped with 

submerged loading pipes, submerged fill, or a device that 

is equally effective in controlling emissions and is 

approved by the Agency according to the provisions of 35 

Ill. Adm. Code 201. 

b) No person shall cause or allow the loading of any organic 

material into any stationary tank having a storage 

capacity of greater than 946 1 (250 gal), unless such tank 

is equipped with a permanent submerged loading pipe, 
3-61 

submerged fill, or an equivalent device approved by the 

Agency according to the provisions of 35 Ill. Adm. Code 

201 or unless such tank is a pressure tank as described in 

Section 215.121(a) or is fitted with a recovery system as 

described in Section 215.121(b)(2). 

c) Exception: If no odor nuisance exists the limitations of 

this Section shall only apply to the loading of volatile 

organic liquid with a vapor pressure of 17.24 kPa (2.5 

psia) or greater at 294.3°K (70°F). 

(Source: Amended at 14 Ill. Reg. 9173, effective May 23, 1990) 

Section 215.123 Petroleum Liquid Storage Tanks 

a) The requirements of subsection (b) below shall not apply 

to any stationary storage tank: 

1) Equipped before January 1, 1979 with one of the vapor 

loss control devices specified in Section 215.121(b) 

of this Part, except Section 215.121(b)(1) of this 

Part; 

2) With a capacity of less than 151.42 cubic meters; 

3) With a capacity of less than 1,600 cubic meters 

(422,400 gallons) and used to store produced crude 

oil and condensate prior to custody transfer; 

4) With a capacity of less than 1,430 cubic meters 

(378,000 gallons) and used to store produced oil or 

condensate in crude oil gathering; 

5) Subject to new source performance standards for 

storage vessels of petroleum liquid, 40 CFR 60, 

incorporated by reference in Section 215.105 of this 

Part. The provisions of Section 111 of the Clean Air 

Act...relating to standards of performance for new 

stationary sources...are applicable in this State and 

are enforceable under [The Environmental Protection 

Act]. (Ill. Rev. Stat., ch. 111 1/2, par. 

1009.1(b)). 

6) In which volatile petroleum liquid is not stored; or 

7) Which is a pressure tank as described in Section 

215.121(a) of this Part. 

b) Subject to subsection (a) above no owner or operator of a 

stationary storage tank shall cause or allow the storage 

of any volatile pertroleum liquid in the tank unless: 
3-62 

1) The tank is equipped with one of the vapor loss 

control devices specified in Section 215.121(b) of 

this Part; 

2) There are no visible holes, tears or other defects in 

the seal or any seal fabric or material of any 

floating roof; 

3) All openings of any floating roof deck, except stub 

drains, are equipped with covers, lids or seals such 

that: 

A) The cover, lid or seal is in the closed 

position at all times except when petroleum 

liquid is transferred to or from the tank; 

B) Automatic bleeder vents are closed at all 

times except when the roof is floated off or 

landed on the roof leg supports; and 

C) Rim vents, if provided, are set to open when 

the roof is being floated off the roof leg 

supports or at the manufacturer's recommended 

setting; 

4) Routine inspections of floating roof seals are 

conducted through roof hatches once every six months; 

5) A complete inspection of the cover and seal of any 

floating roof tank is made whenever the tank is 

emptied for reasons other than the transfer of 

petroleum liquid during the normal operation of the 

tank, or whenever repairs are made as a result of any 

semi-annual inspection or incidence of roof damage or 

defect; and 

6) A record of the results of each inspection conducted 

under subsection (b)(4) or (b)(5) above is 

maintained. 

c) Owners and operators of petroleum liquid storage tanks 

were required to have compliance schedules as summarized 

in Appendix C of this Part. 

(Source: Amended at 16 Ill. Reg. 13849, effective August 24, 1992) 

Section 215.124 External Floating Roofs 

a) In addition to meeting the requirements of Section 

215.123(b), no owner or operator of a stationary storage 

tank equipped with an external floating roof shall cause 

or allow the storage of any volatile petroleum liquid in 

the tank unless: 
3-63 

1) The tank has been fitted with a continuous secondary 

seal extending from the floating roof to the tank 

wall (rim mounted secondary seal) or any other device 

which controls volatile organic material emissions 

with an effectiveness equal to or greater than a 

rimmounted secondary seal; 

2) Each seal closure device meets the following 

requirements: 

A) The seal is intact and uniformly in place 

around the circumference of the floating roof 

between the floating roof and tank wall; and 

B) The accumulated area of gaps exceeding 0.32 

centimeter (1/8 inch) in width between the 

secondary seal and the tank wall shall not 

exceed 21.2 square centimeters per meter of 

tank diameter (1.0 square inches per foot of 

tank diameter). 

3) Emergency roof drains are provided with slotted 

membrane fabric covers or equivalent covers across at 

least 90 percent of the area of the opening; 

4) Openings are equipped with projections into the tank 

which remain below the liquid surface at all times; 

5) Inspections are conducted prior to May 1 of each year 

to insure compliance with subsection (a); 

6) The secondary seal gap is measured prior to May 1 of 

each year; 

7) Records of the types of volatile petroleum liquid 

stored, the maximum true vapor pressure of the liquid 

as stored, the results of the inspections and the 

results of the secondary seal gap measurements are 

maintained and available to the Agency, upon verbal 

or written request, at any reasonable time for a 

minimum of two years after the date on which the 

record was made. 

b) Subsection (a) does not apply to any stationary storage 

tank equipped with an external floating roof: 

1) Exempted under Section 215.123(a)(2) through 

215.123(a)(6); 

2) Of welded construction equipped with a metallic-type 

shoe seal having a secondary seal from the top of the 

shoe seal to the tank wall (shoe-mounted secondary 

seal); 
3-64 

3) Of welded construction equipped with a metallic-type 

shoe seal, a liquid-mounted foam seal, or a liquidmounted liquid-filled-type seal, or other closure 

device of equivalent control efficiency approved by 

the Agency in which a petroleum liquid with a true 

vapor pressure less than 27.6 kPa (4.0 psia) at 294.3 

K (70 °F) is stored; or 

4) Used to store crude oil. 

(Source: Amended at 14 Ill. Reg. 9173, effective May 23, 1990) 

Section 215.125 Compliance Dates and Geographical Areas 

a) Except as otherwise stated in subsection (b), every owner 

or operator of an emission source subject to Sections 

215.123 or 215.124 shall comply with its standards and 

limitations by December 31, 1983. 

b) If an emission source is not located in one of the 

counties listed below and is also not located in any 

county contiguous thereto, the owner or operator of the 

emission source shall comply with the requirements of 

Sections 215.123 and 215.124 no later than 

December 31, 1987: 

Cook Macoupin 

DuPage Madison 

Kane Monroe 

Lake Saint Clair 

(BOARD NOTE: These counties are proposed to be designated as 

nonattainment by the United States Environmental Protection 

Agency at 47 Fed. Reg. 31588, July 21, 1982). 

c) Notwithstanding subsection (b), if any county is 

designated as nonattainment by the United States 

Environmental Protection Agency (USEPA) at any time 

subsequent to the effective date of this Section, the 

owner or operator of an emission source located in that 

county or any county contiguous to that county who would 

otherwise be subject to the compliance date in subsection 

(b) shall comply with the requirements of Sections 215.123 

and 215.124 within one year from the date of redesignation 

but in no case later than December 31, 1987. 

(Source: Adopted at 7 Ill. Reg. 1244, effective January 21, 1983) 

Section 215.126 Compliance Plan 

a) The owner or operator of an emission source subject to 

Section 215.125(a) shall submit to the Agency a compliance 
3-65 

plan as required by 35 Ill. Adm. Code 201.241, including a 

project completion schedule where applicable, no later 

than April 21, 1983. 

b) The owner or operator of an emission source subject to 

Section 215.125(b) shall submit to the Agency a compliance 

plan, including a project completion schedule where 

applicable, no later than December 31, 1986. 

c) The owner or operator of an emission source subject to 

Section 215.125(c) shall submit a compliance plan, 

including a project completion schedule within 90 days 

after the date of redesignation, but in no case later than 

December 31, 1986. 

d) Unless the submitted compliance plan or schedule is 

disapproved by the Agency, the owner or operator of a 

facility or emission source subject to the rules specified 

in subsections (a), (b) or (c) may operate the emission 

source according to the plan and schedule as submitted. 

e) The plan and schedule shall meet the requirements of 35 

Ill. Adm. Code 201.241 including specific interim dates as 

required in 35 Ill. Adm. Code 201.242. 

(Source: Adopted at 7 Ill. Reg. 1244, effective January 21, 1983) 

Section 215.127 Emissions Testing 

a) Any tests of organic material emissions, including tests 

conducted to determine control equipment efficiency, shall 

be conducted in accordance with the methods and procedures 

specified in Section 215.102. 

b) Upon a reasonable request by the Agency, the owner or 

operator of an organic material emission source required 

to comply with this Subpart shall conduct emissions 

testing, at such person's own expense, to demonstrate 

compliance. 

c) A person planning to conduct an organic material emission 

test to demonstrate compliance with this Subpart shall 

notify the Agency of that intent not less than 30 days 

before the planned initiation of the tests so the Agency 

may observe the test. 

(Source: Added at 14 Ill. Reg. 9173, effective May 23, 1990) 

Section 215.128 Measurement of Seal Gaps 

a) Any measurements of secondary seal gaps shall be conducted 

in accordance with the methods and procedures specified in 
3-66 

40 CFR 60, Subpart Kb incorporated by reference in Section 

215.105. 

b) A person planning to conduct a measurement of seal gaps to 

demonstrate compliance with this Subpart shall notify the 

Agency of that intent not less than 30 days before the 

planned performance of the tests so the Agency may observe 

the test. 

(Source: Added at 14 Ill. Reg. 9173, effective May 23, 1990) 
3-67 

PART 215 

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS 

SUBPART K: USE OF ORGANIC MATERIAL 

Section 215.301 Use of Organic Material 

No person shall cause or allow the discharge of more than 3.6 

kg/hr (8 lbs/hr) of organic material into the atmosphere from any 

emission source, except as provided in Sections 215.302, 215.303, 

215.304 and the following exception: If no odor nuisance exists 

the limitation of this Subpart shall apply only to 

photochemically reactive material. 

(Source: Amended at 3 Ill. Reg. 30, p. 124, effective July 28, 1979) 

Section 215.302 Alternative Standard 

Emissions of organic material in excess of those permitted by 

Section 215.301 are allowable if such emissions are controlled by 

one of the following methods: 

a) Flame, thermal or catalytic incineration so as either to 

reduce such emissions to 10 ppm equivalent methane 

(molecular weight 16) or less, or to convert 85 percent of 

the hydrocarbons to carbon dioxide and water; or, 

b) A vapor recovery system which adsorbs and/or condenses at 

least 85 percent of the total uncontrolled organic 

material that would otherwise be emitted to the 

atmosphere; or, 

c) Any other air pollution control equipment approved by the 

Agency capable of reducing by 85 percent or more the 

uncontrolled organic material that would be otherwise 

emitted to the atmosphere. 

(Source: Amended at 3 Ill. Reg. 30, p. 124, effective July 28, 1979) 

Section 215.303 Fuel Combustion Emission Sources 

The provisions of Sections 215.301 and 215.302 shall not apply to 

fuel combustion emission sources. 

(Source: Amended at 3 Ill. Reg. 30, p. 124, effective July 28, 1979) 

Section 215.304 Operations with Compliance Program 

The provisions of Section 215.301 and 215.302 shall not apply to 

any owner, operator, user or manufacturer of paint, varnish, 

lacquer, coatings or printing ink whose compliance program and 

project completion schedule, as required by 35 Ill. Adm. Code 
3-68 

201, provides for the reduction of organic material used in such 

process to 20 percent or less of total volume by May 30, 1975. 

(Source: Amended at 3 Ill. Reg. 30, p. 124, effective July 28, 1979) 

Section 215.305 Viscose Exemption (Repealed) 

(Source: Repealed at 9 Ill. Reg. 13960, effective August 28, 1985) 
3-69 

PART 215 

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS 

SUBPART N: VEGETABLE OIL PROCESSING 

Section 215.340 Hexane Extraction Soybean Crushing 

The owner or operator of a hexane extraction soybean crushing 

source, which would emit volatile organic material in excess of 

100 tons per year in the absence of pollution control equipment 

or enforceable operating permit limitation, shall not cause or 

allow emissions to exceed: 

a) 0.0026 lbs of volatile organic material per pound of 

conventional soybean crush, and 

b) 0.0052 lbs of volatile organic material per pound of 

specialty soybean crush. 

(Source: Added at 8 Ill. Reg. 13254, effective July 12, 1984) 

Section 215.342 Hexane Extraction Corn Oil Processing 

The owner or operator of a hexane extraction corn oil source, 

which would emit volatile organic material in excess of 100 tons 

per year in the absence of control equipment or enforceable 

operating permit limitation, shall not cause or allow emissions 

to exceed more than 2.2 gals of volatile organic material per ton 

of raw corn germ processed. 

(Source: Added at 8 Ill. Reg. 13254, effective July 12, 1984) 

Section 215.344 Recordkeeping For Vegetable Oil Processes 

a) The owner or operator of sources subject to Section 

215.340 and 215.342 shall maintain daily records of 

solvent storage inventory, and conventional and specialty 

soybean crush or raw corn germ. Each day the total 

decrease in solvent storage inventory, and total 

conventional and specialty soybean crush or raw corn germ 

for the previous 180 days shall be calculated. 

b) The Agency shall have access to records required under 

this Section upon reasonable notice. 

(Source: Added at 8 Ill. Reg. 13254, effective July 12, 1984) 

Section 215.345 Compliance Determination 

a) Each day, the owner or operator of sources subject to 

Section 215.340 shall calculate the sum of: 
3-70 

1) Total conventional soybean crush for the previous 180 

days, in pounds, multiplied by 0.0026, plus 

2) Total specialty soybean crush for the previous 180 

days, in pounds, multiplied by 0.0052. 

b) Each day, the owner or operator of sources subject to 

Section 215.342 shall calculate the sum of the total raw 

corn germ processed for the previous 180 days, in tons 

multiplied by 2.2. 

c) If such sum is less than the total decrease in solvent 

storage inventory over the previous 180 days, then the 

provisions of Section 215.340 or 215.342, whichever is 

applicable, shall be deemed to have been exceeded. 

(Source: Added at 8 Ill. Reg. 13254, effective July 12, 1984) 

Section 215.346 Compliance Dates and Geographical Areas 

a) Except as otherwise stated in subsection (b), every owner 

or operator of an emission source subject to Sections 

215.340 through 215.345 shall comply with the standards 

and limitations of those Sections by December 31, 1985. 

b) If an emission source is not located in one of the 

counties listed below, the owner or operator of the 

emission source shall comply with the requirements of 

Sections 215.340 through 215.345 no later than 

December 31, 1987: 

Bond Madison 

Clinton McHenry 

Cook Monroe 

DeKalb Montgomery 

DuPage Morgan 

Franklin Pope 

Greene Randolph 

Jackson Saline 

Jersey Sangamon 

Johnson St. Clair 

Kane Union 

Kendall Washington 

Lake Will 

Macoupin Williamson 

(BOARD NOTE: The USEPA noted in its redesignation 

rulemaking, that it will publish a rulemaking notice on 

Williamson County’s attainment status. (45 Fed. Reg. 

21949, May 16, 1983) Should Williamson County be redesignated as attainment prior to December 31, 1984, it 

and the counties contiguous to it will be considered 

deleted from the above list.) 
3-71 

c) Notwithstanding subsection (b), if any county is 

redesignated as nonattainment by the USEPA at any time 

subsequent to the effective date of this Section, the 

owner or operator of an emission source located in that 

county or any county contiguous to that county who would 

otherwise by subject to the compliance date in subsection 

(b) shall comply with the requirements of Sections 215.340 

through 215.345 within one year from the date of 

redesignation but in no case later than December 31, 1987. 

(Source: Added at 8 Ill. Reg. 13254, effective July 12, 1984) 
3-72 

PART 216 

CARBON MONOXIDE EMISSIONS 

SUBPART A: GENERAL PROVISIONS 

Section 

216.100 Scope and Organization 

216.101 Measurement Methods 

216.102 Abbreviations and Conversion Factors 

216.103 Definitions 

216.104 Incorporations by Reference 

SUBPART B: FUEL COMBUSTION EMISSION SOURCES 

Section 

216.121 Fuel Combustion Emission Sources 

216.122 Exception, Midwest Grain Products 

SUBPART C: INCINERATORS 

Section 

216.141 Incinerators 

216.142 Exceptions 

SUBPART N: PETROLEUM REFINING AND CHEMICAL MANUFACTURE 

Section 

216.361 Petroleum and Petrochemical Processes 

216.362 Polybasic Organic Acid Partial Oxidation 

Manufacturing Processes 

SUBPART O: PRIMARY AND FABRICATED METAL PRODUCTS 

Section 

216.381 Cupolas 

216.382 Exception, General Motor’s Ferrous Foundry in 

Vermilion County 

Appendix A Rule into Section Table 

Appendix B Section into Rule Table 

Appendix C Compliance Dates 

AUTHORITY: Implementing Section 10 and authorized by Section 27 

of the Environmental Protection Act (Ill. Rev. Stat. 1991, Ch. 

111 1/2, pars. 1010 and 1027). 
3-73 

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 206: Carbon 

Monoxide Emissions, R71-23, 4 PCB 191, April 13, 1972, filed and 

effective April 14, 1972; amended at 3 Ill. Reg. 47, p. 92, 

effective November 8, 1979; amended at 4 Ill. Reg. 24, p. 514, 

effective June 4, 1980; codified at 7 Ill. Reg. 13607; amended in 

R87-18 at 12 Ill. Reg. 20774, effective December 6, 1988; amended 

in R90-23 at 16 Ill. Reg. 18075, effective November 13, 1992. 

PART 216 

CARBON MONOXIDE EMISSIONS 

SUBPART A: GENERAL PROVISIONS 

Section 216.100 Scope and Organization 

a) This Part contains standards and limitations for carbon 

monoxide emissions from stationary sources. 

b) Permits for sources subject to this Part may be required 

pursuant to 35 Ill. Adm. Code 201. 

c) Notwithstanding the provisions of this Part, the air 

quality standards contained in 35 Ill. Adm. Code 243 may 

not be violated. 

d) This Part includes Subparts arranged as follows: 

1) Subpart A: General Provisions; 

2) Subparts B-J: Fuel Combustion Sources and 

Incinerators; 

3) Subparts K-M: Reserved for Emission Process Sources; 

4) Subparts N-End: Industry and Site-specific rules. 

e) Rules have been grouped for convenience of the public; the 

scope of each is determined by its language and history. 

Section 216.101 Measurement Methods 

Carbon Monoxide concentrations in an effluent stream shall be 

measured by the non-dispersive infrared method or by other 

methods approved by the Illinois Environmental Protection Agency 

(Agency) according to the provisions of 35 Ill. Adm. Code 201. 

Section 216.102 Abbreviations and Conversion Factors 

a) The following abbreviations are used in this Part: 

Btu British thermal unit (60 F) 

CO carbon monoxide 

°C degrees Centigrade 

°F degrees Fahrenheit 
3-74 

kg kilograms 

lbs pounds 

mmBtu/hr million Btu per hour 

MW Megawatts; one million watts 

ppm parts per million 

b) The following conversion factors have been used in this 

Part: 

English Metric 

 

1.0 mmBtu/hr 0.293 MW 

2.205 lbs 1 kg 

Section 216.103 Definitions 

The definitions contained in 35 Ill. Adm. Code 201 and 211 apply 

to this Part. 

Section 216.104 Incorporations by Reference 

The following materials are incorporated by reference: nondispersive infrared method, 40 CFR 60, Appendix A, Method 10 

(1982). 
3-75 

PART 216 

CARBON MONOXIDE EMISSIONS 

SUBPART B: FUEL COMBUSTION EMISSION SOURCES 

Section 216.121 Fuel Combustion Emission Sources 

No person shall cause or allow the emission of carbon monoxide 

(CO) into the atmosphere from any fuel combustion emission source 

with actual heat input greater than 2.9 MW (10 mmBtu/hr) to 

exceed 200 ppm, corrected to 50 percent excess air. 

Section 216.122 Exception, Midwest Grain Products 

The standard for carbon monoxide of Section 216.121 does not 

apply to emissions from the fluidized bed combustion boiler of 

Midwest Grain Products of Illinois, located in Pekin, Illinois, 

where the emission of carbon monoxide shall not exceed 700 parts 

per million, corrected to 50 percent excess air. Compliance 

shall be based upon a one-hour average. 

(Source: Added at 12 Ill. Reg. 20774, effective December 6, 1988) 
3-76 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER C: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES 

PART 217 

NITROGEN OXIDES EMISSIONS 

SUBPART A: GENERAL PROVISIONS 

Section 

217.100 Scope and Organization 

217.101 Measurement Methods 

217.102 Abbreviations and Units 

217.103 Definitions 

217.104 Incorporations by Reference 

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES 

Section 

217.121 New Emission Sources 

SUBPART C: EXISTING FUEL COMBUSTION EMISSION SOURCES 

Section 

217.141 Existing Emission Sources in Major Metropolitan Areas 

SUBPART K: PROCESS EMISSION SOURCES 

Section 

217.301 Industrial Processes 

SUBPART O: CHEMICAL MANUFACTURE 

Section 

217.381 Nitric Acid Manufacturing Processes 

SUBPART T: CEMENT KILNS 

Section 

217.400 Applicability 

217.402 Control Requirements 

217.404 Testing 

217.406 Monitoring 

217.408 Reporting 

217.410 Recordkeeping 

SUBPART U: NOx CONTROL AND TRADING PROGRAM FOR 

SPECIFIED NOx GENERATING UNITS 

Section 

217.450 Purpose 

217.452 Severability 

217.454 Applicability 

217.456 Compliance Requirements 

217.458 Permitting Requirements 

217.460 Subpart U NOx Trading Budget 

217.462 Methodology for Obtaining NOx Allocations 

217.464 Methodology for Determining NOx Allowances from the New Source 

Set-Aside 

217.466 NOx Allocations Procedure for Subpart U Budget Units 

217.468 New Source Set-Asides for “New” Budget Units 
3-77 

217.470 Early Reduction Credits (ERCs) for Budget Units 

217.472 Low-Emitter Requirements 

217.474 Opt-In Units 

217.476 Opt-In Process 

217.478 Opt-In Budget Units: Withdrawal from NOx Trading Program 

217.480 Opt-In Units: Change in Regulatory Status 

217.482 Allowance Allocations to Opt-In Budget Units 

SUBPART V: ELECTRIC POWER GENERATION 

Section 

217.521 Lake of Egypt Power Plant 

217.700 Purpose 

217.702 Severability 

217.704 Applicability 

217.706 Emission Limitations 

217.708 NOx Averaging 

217.710 Monitoring 

217.712 Reporting and Recordkeeping 

SUBPART W: NOx TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS 

Section 

217.750 Purpose 

217.752 Severability 

217.754 Applicability 

217.756 Compliance Requirements 

217.758 Permitting Requirements 

217.760 NOx Trading Budget 

217.762 Methodology for Calculating NOx Allocations for Budget Electrical 

Generating Units (EGUs) 

217.764 NOx Allocations for Budget EGUs 

217.768 New Source Set-Asides for “New” Budget EGUs 

217.770 Early Reduction Credits for Budget EGUs 

217.774 Opt-In Units 

217.776 Opt-In Process 

217.778 Budget Opt-In Units: Withdrawal from NOx Trading Program 

217.780 Opt-In Units: Change in Regulatory Status 

217.782 Allowance Allocations to Budget Opt-In Units 

SUBPART X: VOLUNTARY NOx EMISSIONS REDUCTION PROGRAM 

Section 

217.800 Purpose 

217.805 Emission Unit Eligibility 

217.810 Participation Requirements 

217.815 NOx Emission Reductions and the Subpart X NOx Trading Budget 

217.820 Baseline Emissions Determination 

217 825 Calculation of Creditable NOx Emission Reductions 

217.830 Limitations on NOx Emission Reductions 

217.835 NOx Emission Reduction Proposal 

217.840 Agency Action 

217.845 Emissions Determination Methods 

217.850 Emissions Monitoring 

217.855 Reporting 

217.860 Recordkeeping 

217.865 Enforcement 
3-78 

Appendix A Rule into Section Table 

Appendix B Section into Rule Table 

Appendix C Compliance Dates 

Appendix D Non-Electrical Generating Units 

Appendix E Large Non-Electrical Generating Units 

Appendix F Allowances for Electrical Generating Units 

Authority: Implementing Sections 9.9 and 10 and authorized by Sections 27 

and 28.5 of the Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 

28.5]. 

Source: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, 

R71-23, 4 PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 

2 Ill. Reg. 17, p. 101, effective April 13, 1978; codified at 7 Ill. Reg. 13609; 

amended in R01-9 at 25 Ill. Reg. 128, effective December 26, 2000; amended in 

R01-11 at 25 Ill. Reg. 4597, effective March 15, 2001; amended in R01-16 and R0-17 

at 25 Ill. Reg.5914, effective April 17, 2001. 
3-79 

SUBPART A: GENERAL PROVISIONS 

Section 217.100 Scope and Organization 

a) This Part sets standards and limitations for emission of 

oxides of nitrogen from stationary sources. 

b) Permits for sources subject to this Part may be required 

pursuant to 35 Ill. Adm. Code 201. 

c) Notwithstanding the provisions of this Part the air 

quality standards contained in 35 Ill. Adm. Code 243 may 

not be violated. 

d) These rules have been grouped for convenience of the 

public; the scope of each is determined by its language 

and history. 

(Source: Amended at 25 Ill. Reg. 108, effective December 26, 2000) 

Section 217.101 Measurement Methods 

Measurement of nitrogen oxides shall be according to: 

a) The phenol disulfonic acid method, 40 CFR 60, Appendix A, 

Method 7 (1999); 

b) Continuous emissions monitoring pursuant to 40 CFR 75 

(1999); and 

c) Determination of Nitrogen Oxides Emissions from Stationary 

Sources (Instrumental Analyzer Procedure), 40 CFR 60, 

Appendix A, Method 7E (1999). 

(Source: Amended at 25 Ill. Reg. 108, effective December 26, 2000) 

Section 217.102 Abbreviations and Units 

a) The following abbreviations are used in this Part: 

btu British thermal unit (60°F) 

EGU Electrical Generating Unit 

kg kilogram 

kg/MW-hr kilograms per megawatt-hour, usually used as 

an hourly emission rate 

lb pound 

NOx Nitrogen Oxides 

lbs/mmbtu pounds per million btu, usually used as an 

hourly emission rate 

Mg megagram or metric tonne 

mmbtu million British thermal units 

mmbtu/hr million British thermal units per hour 

MWe megawatt of electricity 

MW megawatt; one million watts 
3-80 

MW-hr megawatt-hour 

peoc potential electrical output capacity 

ppm parts per million 

ppmv parts per million by volume 

T English ton 

b) The following conversion factors have been used in this 

Part: 

English Metric 

2.205 lb 1 kg 

1 T 0.907 Mg 

1 lb/T 0.500 kg/Mg 

mmbtu/hr 0.293 MW 

1 lb/mmbtu 1.548 kg/MW-hr 

(Source: Amended at 25 Ill. Reg. 108, effective December 26, 2000) 

Section 217.103 Definitions 

The definitions contained in 35 Ill. Adm. Code 201 and 211 apply 

to this Part. 

Section 217.104 Incorporations by Reference 

The following materials are incorporated by reference. These 

incorporations do not include any later amendments or editions. 

a) The phenol disulfonic acid method, as published in 40 CFR 

60, Appendix A, Method 7 (1999); 

b) 40 CFR 96, subparts B, D, G, and H (1999); 

c) 40 CFR 96.1 through 96.3, 96.5 through 96.7, 96.50 through 

96.54, 96.55 (a) & (b), 96.56 and 96.57 (1999); 

d) 40 CFR 72, 75 & 76 (1999); 

e) Alternative Control Techniques Document---- NOx Emissions 

from Cement Manufacturing, EPA-453/R-94-004, U. S. 

Environmental Protection Agency-Office of Air Quality 

Planning and Standards, Research Triangle Park, N. C. 

27711, March 1994; 

f) Section 11.6, Portland Cement Manufacturing, AP-42 

Compilation of Air Emission Factors, Volume 1: Stationary 

Point and Area Sources, U.S. Environmental Protection 

Agency-Office of Air Quality Planning and Standards, 

Research Triangle Park, N. C. 27711, revised January 1995; 

g) 40 CFR 60.13 (1999); and 

h) 40 CFR 60, Appendix A, Methods 7, 7A, 7C, 7D, and 7E 

(1999). 
3-81 

(Source: Amended at 25 Ill. Reg. 4597, effective March 15, 2001) 

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES 

Section 217.121 New Emission Sources 

No person shall cause or allow the emission of nitrogen oxides 

(NOx) into the atmosphere in any one hour period from any new fuel 

combustion emission source with an actual heat input equal to or 

greater than 73.2 MW (250 mmbtu/hr) to exceed the following 

standards and limitations: 

a) For gaseous fossil fuel firing, 0.310 kg/MW-hr (0.20 

lbs/mmbtu) of actual heat input; 

b) For liquid fossil fuel firing, 0.464 kg/MW-hr (0.30 

lbs/mmbtu) of actual heat input; 

c) For dual gaseous and liquid fossil fuel firing, 0.464 

kg/MW-hr (0.30 lbs/mmbtu) of actual heat input; 

d) For solid fossil fuel firing, 1.08 kg/MW-hr (0.7 

lbs./mmbtu) of actual heat input; 

e) For fuel combustion emission sources burning 

simultaneously any combination of solid, liquid and 

gaseous fossil fuels, an allowable emission rate shall be 

determined by the following equation: 

E = (AG + BL + CS) Q 

Where: 

E = Allowable nitrogen oxides emissions rate 

Q = Actual heat input derived from all fossil fuels 

G = Percent of actual heat input derived from gaseous 

fossil fuel 

L = Percent of actual heat input derived from liquid 

fossil fuel 

S = Percent of actual heat input derived from solid 

fossil fuel 

G + L + S = 100.0 

and, where A, B, C and appropriate metric and English 

units are determined from the following table: 
3-82 

 Metric English 

E kg/hr lbs/hr 

Q MW mmbtu/hr 

A 0.023 0.003 

B 0.023 0.003 

C 0.053 0.007 
4-1 

10.4 Attachment 4 - State Construction and Operating Permits 

The following permits and attachments contain applicable 

requirements to this source and are an integral part of this 

permit. The permit conditions contained in these attachments 

should be thoroughly reviewed and complied with, including all 

emission limitations, monitoring, recordkeeping, and reporting 

requirements. In the event that there are conflicting provisions 

in the incorporated State Construction and Operating Permits, the 

most recently issued permit conditions shall apply. Also if any 

requirements of these permits and attachments that conflict with 

those requirements found in Sections 3 through 9 are superseded 

by those requirements found in Sections 3 through 9. 
4-2 

217/782-2113 

“REVISED” 

APPLICATION FOR OPERATING PERMIT RENEWAL 

August 1, 1994 

ADM Quincy 

Attn: Ken Doellman 

1900 Gardner Expressway 

Quincy, Illinois 62306 

Application No.: 74100041 

I.D. No.: 001815AAF 

Operation of: Revision to System 2 9 

Location: ADM Quincy 

 1900 Gardner Expressway 

 Quincy, Illinois 62301 

The above referenced operating permit will expire on January 10, 1995. The 

Illinois EPA recommends that you apply for a renewal of this operating permit 

at least ninety (90) days prior to its expiration. 

If your operation is unchanged, you may request to renew your permit by 

signing in the space provided, keeping one copy for your records, and 

returning this correspondence to the Illinois EPA. 

If your operation: 

1) has been modified; or 

2) has changed from the description filed with the Illinois EPA; or 

3) includes emission units or control equipment different from that which 

is given above; 

then to renew your operating permit you must complete the appropriate forms 

(see enclosed "Request for Permit Forms" APC-209) and apply for a renewal 

with an APC 200 form. 

If the operation has been permanently discontinued, please attach a letter to 

the Illinois EPA withdrawing this permit. If there has been a change of 

address, please indicate this by correcting the above information. If there 

has been a change of ownership, proper documentation must be submitted to 

allow transfer of permits. If the operation has been included in another 

permit, please provide the permit number of the new permit(s) and a letter of 

explanation. 

I certify that the original application information remains true, correct, 

and current and that I am authorized to execute this application for permit 

renewal. 

 

Signature Date 

Printed Name and Title of Signer 
4-3 

ID NUMBER: 001815AAF 

APPLICATION NO.: 74100041 

----------------------------FOR ILLINOIS EPA USE ONLY------------------------ 

Permit Expiration Date: November 30, 1999 

Permit is granted to operate the above-referenced equipment subject to 

standard conditions attached hereto and any special conditions of the 

previously granted operating permit. 

 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:TJM:jar 

***************************************************************************** 

Emission Units and controls covered by this permit: 

 No. 

Equip. Inventory Ident 

Type Number Units Name 

Source 0023 01 West Elevator Gallery Belt System 

Source 0024 01 System 2A Straight Railcar Unloader 

Source 0025 02 System 3A H. C. Column Type Grain Dryer 

Source 0026 01 H. C. Scalperator & 2 Howe Cleaners System 7A-1 

Source 0027 01 System 7A-2 2-Rotex Dehullers 

Source 0028 01 System 7-B Railcar Meal Loadout System 

***************************************************************************** 
4-4 

217/782-2113 

“REVISED” 

APPLICATION FOR OPERATING PERMIT RENEWAL 

August 1, 1994 

ADM Quincy 

Attn: Ken Doellman 

1900 Gardner Expressway 

Quincy, Illinois 62301 

Application No.: 75080046 

I.D. No.: 001815AAF 

Operation of: Barge Loading System #2 

Location: ADM Quincy 

 1900 Gardner Expressway 

 Quincy, Illinois 62301 

The above referenced operating permit will expire on January 10, 1995. The 

Illinois EPA recommends that you apply for a renewal of this operating permit 

at least ninety (90) days prior to its expiration. 

If your operation is unchanged, you may request to renew your permit by 

signing in the space provided, keeping one copy for your records, and 

returning this correspondence to the Illinois EPA. 

If your operation: 

1) has been modified; or 

2) has changed from the description filed with the Illinois EPA; or 

3) includes emission units or control equipment different from that which 

is given above; 

then to renew your operating permit you must complete the appropriate forms 

(see enclosed "Request for Permit Forms" APC-209) and apply for a renewal 

with an APC 200 form. 

If the operation has been permanently discontinued, please attach a letter to 

the Illinois EPA withdrawing this permit. If there has been a change of 

address, please indicate this by correcting the above information. If there 

has been a change of ownership, proper documentation must be submitted to 

allow transfer of permits. If the operation has been included in another 

permit, please provide the permit number of the new permit(s) and a letter of 

explanation. 

I certify that the original application information remains true, correct, 

and current and that I am authorized to execute this application for permit 

renewal. 

 

Signature Date 

Printed Name and Title of Signer 
4-5 

ID NUMBER: 001815AAF 

APPLICATION NO.: 75080046 

---------------------------FOR ILLINOIS EPA USE ONLY------------------------- 

Permit Expiration Date: November 30, 1999 

Permit is granted to operate the above-referenced equipment subject to 

standard conditions attached hereto and any special conditions of the 

previously granted operating permit. 

 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:TJM:jar 

***************************************************************************** 

Emission Units and controls covered by this permit: 

 No. 

Equip. Inventory Ident 

Type Number Units Name 

Source 0029 01 Truck Dump Pit on Barge Loading System #2 

Source 0030 01 Barge Loading System #2, Loadout & Transfer 

***************************************************************************** 
4-6 

217/782-2113 

“REVISED” 

APPLICATION FOR OPERATING PERMIT RENEWAL 

August 1, 1994 

ADM Quincy 

Attn: Ken Doellman 

1900 Gardner Expressway 

Quincy, Illinois 62301 

Application No.: 75080047 

I.D. No.: 001815AAF 

Operation of: Barge Loading System #1 

Location: ADM Quincy 

 1900 Gardner Expressway 

 Quincy, Illinois 62301 

The above referenced operating permit will expire on January 10, 1995. The 

Illinois EPA recommends that you apply for a renewal of this operating permit 

at least ninety (90) days prior to its expiration. 

If your operation is unchanged, you may request to renew your permit by 

signing in the space provided, keeping one copy for your records, and 

returning this correspondence to the Illinois EPA. 

If your operation: 

1) has been modified; or 

2) has changed from the description filed with the Illinois EPA; or 

3) includes emission units or control equipment different from that which 

is given above; 

then to renew your operating permit you must complete the appropriate forms 

(see enclosed "Request for Permit Forms" APC-209) and apply for a renewal 

with an APC 200 form. 

If the operation has been permanently discontinued, please attach a letter to 

the Illinois EPA withdrawing this permit. If there has been a change of 

address, please indicate this by correcting the above information. If there 

has been a change of ownership, proper documentation must be submitted to 

allow transfer of permits. If the operation has been included in another 

permit, please provide the permit number of the new permit(s) and a letter of 

explanation. 

I certify that the original application information remains true, correct, 

and current and that I am authorized to execute this application for permit 

renewal. 

 

Signature Date 

Printed Name and Title of Signer 
4-7 

ID NUMBER: 001815AAF 

APPLICATION NO.: 75080047 

----------------------------FOR ILLINOIS EPA USE ONLY------------------------ 

Permit Expiration Date: November 30, 1999 

Permit is granted to operate the above-referenced equipment subject to 

standard conditions attached hereto and any special conditions of the 

previously granted operating permit. 

 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:TJM:jar 

***************************************************************************** 

Emission Units and controls covered by this permit: 

 No. 

Equip. Inventory Ident 

Type Number Units Name 

Source 0031 01 Barge Loading System #1, Truck Dump Pit 

Source 0032 01 Barge Loading System #1, Transfer and Loadout 

***************************************************************************** 
4-8 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

PERMITTEE

Quincy Soybean Co. 

Attn: Rod Frazier 

1900 Gardner Expressway 

Quincy, Illinois 62306 

Application No.: 91110009 I.D. No.: 001815AAF 

Applicant's Designation: System 15 Date Received: November 5, 1991 

Subject: Lecithin Plant 

Date Issued: November 12, 1991 Operating Permit Expiration

Date: November 6, 1996 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and OPERATE 

emission source(s) and/or air pollution control equipment consisting of storage 

silo with a baghouse, surge tank with a baghouse, lecithin dehydration and oil 

dryer as described in the above-referenced application. This Permit is subject to 

standard conditions attached hereto and the following special condition(s): 

1. Operation of the emission source(s) included in this permit shall not begin 

until all associated air pollution control equipment has been constructed and 

is operational. 

2. Emissions and operation of equipment shall not exceed the following limits: 

 Operating Hours Particulate Matter Emissions

Item of Equipment (Hour/Year) Lb/Hour Ton/Yr 

Storage Silo 2496 0.17 0.2 

Surge Tank 1750 0.08 0.07 

These limits are based on the information provided in the permit application. 

Compliance with annual limits shall be determined from a running total of 12 

months of data. 

3. This permit is issued based on negligible emissions of volatile organic 

material from lecithin dehydration and oil dryer. For this purpose, emissions 

shall not exceed nominal emission rates of 0.1 lb/hour and 0.44 ton/year. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:DMH:rd3450q/4-5 

cc: Region 2 
4-9 

217/782-2113 

OPERATING PERMIT 

PERMITTEE

Quincy Soybean Company 

Attn: Earle Chamness 

1900 Gardner Expwy. 

Quincy, Illinois 62306 

Application No.: 80110006 I.D. No.: 001815AAF 

Applicant’s Designation: System #11 Date Received: September 16, 1985 

Subject: System #11 No. 1, 2 &3 Gas/Oil Boilers 

Date Issued: October 15, 1985 Expiration Date: October 8, 1990 

Location: 1900 Gardner Expwy., Quincy, Illinois 

Permit is hereby granted to the above-designated Permittee to OPERATE emission 

source(s) and/or air pollution control equipment consisting of No. 1, 2 and 3 gas/oil 

boilers as described in the above-referenced application. This Permit is subject to 

standard conditions attached hereto and the following special condition(s): 

1. At the above location, the permittee shall not keep, store, or utilize: 

(i) distillate fuel oil (Grades No. 1 and 2) with a sulfur content 

greater than the large of the following two values: 

(1) 0.28 weight percent, or 

(2) the wt. percent given by the formula: Maximum wt. percent 

sulfur = (0.000015) x (Gross heating value of oil, BTU/lb). 

2. Organic liquid by-products or waste materials shall not be used in these fuel 

combustion emission sources without written approval from this Agency. 

3. The Agency shall be allowed to sample all fuels stored at the above location. 

It should be noted that gas boilers No. 1 and 2 have been removed from 

application 72110657 and are not included in this permit. 

Bharat Mathur, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

BM:BMH:rmi/2253E/37-38 

cc: Region 2 
4-10 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

Application No.: 81090046 I.D. No.: 001815AAF 

Applicant‘s Designation: System 9 Date Received: September 23, 1981 

Subject: System 9 (C-Silos) 

Date Issued: October 6, 1981 Operation Permit Expiration 

Date: September 30, 1986 

Location: 1900 Gardner Expressway, Quincy, Illinois 

PERMITTEE

Quincy Soybean Co. 

1900 Gardner Expressway, Post Office Box 629 

Quincy, Illinois 62306 

Attention: Earle Chamness 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of six concrete silos, two legs, eight drag conveyors, a truck dump it, a 

truck loadout, and a belt conveyor extension which will connect to the 

existing rail crossover belt as described in the above-referenced 

application. This Permit is subject to standard conditions attached hereto 

and the following special condition(s): 

1. Operation of the emission source(s) included in this permit shall not 

begin until all associated air pollution control equipment has been 

constructed and is operational. 

2. Emissions of particulate matter (TSP) shall not exceed 7.17 tons/year. 

This limit is based on emission rates calculated using a standard 

procedure and the maximum annual throughput (4,548,650 bushel/year) 

indicated in the permit application. 

Bharat Mathur, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

BM:PHB:bjm/2552C/1 

cc: Region 3 
4-11 

217/782-2113 

OPERATING PERMIT 

PERMITTEE

Quincy Soybean Company 

Attn: Rodney L. Frazier, Vice President 

1900 Gardener Expressway, P.O. Box 329 

Quincy, IL 62306 

Application No.: 83050033 I.D. No.: 001815AAF 

Applicant's Designation: SYSTEM-12 Date Received: August 4, 1994 

Subject: System 12-Coal Fired Boilers 

Date Issued: November 1, 1994 Expiration Date: December 5, 1997 

Location: 1900 Gardener Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to OPERATE 

emission source(s) and/or air pollution control equipment consisting of two 

coal-fired boilers with a bag filter, a coal crusher with a bag filter, coal 

handling and storage systems with a bag filter, and an ash silo with a bag 

filter as described in the above-referenced application. This Permit is 

subject to standard conditions attached hereto and the following special 

condition(s): 

1. The emission rates from the boilers shall not exceed the following 

limits: 

a. Sulfur Dioxide 1.8 lbs/mBtu 

b. Nitrogen Oxides 0.61 lbs/mBtu 

c. Carbon Monoxide - The boilers shall be equipped with continuous 

oxygen monitors and shall be operated so as to minimize CO 

emissions and optimize combustion efficiency while meeting the 

above emission limit for NOx. However, in no event shall CO 

emissions exceed 200 ppm corrected to 50% excess air. 

d. Emissions of particulate matter from the boilers are limited to 

0.075 lbs/mBtu. 

e. Emissions of particulate matter from the coal storage silos, coal 

crushers, and ash silo shall be controlled by bagfilters designed 

to emit no more than .03 grains/dry standard cubic foot. 

2. Operation in excess of the applicable emission standards during 

startup, malfunction and breakdown is allowed. 

3. The permittee shall maintain and operate a continuous opacity 

monitoring system on the above-referenced equipment. On or before the 

30th day of each calendar quarter, the permittee shall submit to the 

Agency a report for the last preceding calendar quarter of any and all 

opacity measurements which exceed 30 percent, averaged over a six 
4-12 

minute period. These "excess opacity" reports shall provide, for each 

such incident, the percent opacity measured as well as the date and 

span of such incident. These reports shall also specify for each 

incident whether it occurred during startup, shut-down, or malfunction. 

If a malfunction is indicated in the report, all corrective actions 

taken, if any, shall be reported. 

The reports shall also specify, for each calendar quarter, the date of 

those periods during which the continuous monitoring system was not in 

operation. 

4. The permittee shall submit quarterly reports of representative 

composite coal analyses to the Agency. The reports should provide 

moisture, ash, sulfur and heat contents for each sample. ASTM 

standards are to be used in sample collection, preparation and 

analysis. One sample should be collected and analyzed for each barge 

load or equivalent quantity of delivered coal. 

5. The Permittee shall notify the Agency's regional office by telephone as 

soon as possible during normal working hours upon the occurrence of 

excess emissions due to malfunctions, or breakdowns. The Permittee 

shall comply with all reasonable and safe directives of the regional 

office regarding such malfunctions and breakdowns. Within five (5) 

working days of such occurrence the Permittee shall give a written 

follow-up notice to the Agency's regional office providing an 

explanation of the occurrence, the length of time during which 

operation continued under such conditions, measures taken by the 

Permittee to minimize excess emissions and correct deficiencies, and 

when normal operation resumed. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:SRS:mab/500M/sp/97-98 

cc: Region 2 
4-13 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

PERMITTEE

Quincy Soybean Co. 

Attn: Rooney L. Fraizer, V.P. 

1900 Gardner Expressway 

Quincy, IL 62301 

Application No.: 92030073 I.D. No.: 001815AAF 

Applicant's Designation: SYSTEM-14 Date Received: April 9, 1992 

Subject: System-14 Conveyor Belt to the River 

Date Issued: April 20, 1992 Operating Permit Expiration

Date: April 16, 1997 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of a barge loading/unloading terminal with an enclosed conveyor system as 

described in the above-referenced application. This Permit is subject to 

standard conditions attached hereto and the following special condition(s): 

1. Operation of the emission source(s) included in this permit shall not 

begin until all associated air pollution control equipment has been 

constructed and is operational. 

2. Emissions and operation of the barge loading, unloading, and conveying 

shall not exceed 0.5 lb/hr (2.2 T/yr) of particulate matter. These 

limits are based on the information provided in the permit application 

and maximum operating hours (8736 hr/yr). Compliance with annual 

limits shall be determined from a running total of 12 months of data. 

3. No person shall cause or allow any visible emissions of fugitive 

particulate matter from any process, including any material handling or 

storage activity beyond the property line of the emission source, 

pursuant to 35 Ill. Adm. Code 212.301. 

If you have any questions on this, please call Michael Costello at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:MSC:jmm/sp/112N/67 

cc: Region 2 
4-14 

217/782-2113 

OPERATING PERMIT - REVISED 

PERMITTEE

Quincy Soybean Company 

Attn: Kenko 

1900 Gardner Expressway 

Quincy, IL 62306 

Application No.: 74030012 I.D. No.: 001815AAF 

Applicant's Designation: SYSTM 8&8A Date Received: February 8, 1994 

Subject: West Soybean Processing Plant 

Date Issued: March 15, 1994 Expiration Date: June 23, 1997 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to OPERATE emission 

source(s) and/or air pollution control equipment consisting of dehulling, 

cracking mills, conditioning, hexane recovery, meal drying, pulverizers, gravity 

tables, meal dryer, mean storage tanks, toasting, 2 collect coolers, fluid bed 

dryer, soybean dehulling, flaking rolls, aspiration system off expanders, 

cyclones, baghouses, vapor contactor, water tube condenser, oil adsorber, 

scrubbers and mill feed pelleting with 3 cyclones as described in the 

above-referenced application. This Permit is subject to standard conditions 

attached hereto and the following special condition(s): 

1a. Emissions and operation of equipment shall not exceed the following 

limits: 

 Hourly Annual 

 Operating Particulate Particulate 

 Hours Matter Emissions Matter Emissions 

Item of Equipment hours/year lb/hour tons/year____

Mean storage tanks and 

 associated equipment 8760 0.54 2.37 

No. 1 collet cooler 8760 1.92 8.4 

No. 2 collet cooler 8760 1.92 8.4 

Aspiration system off 

 expanders 8760 1.25 5.4 

The emissions for the flake roll operation represent an increase of 

1.06 tons/year of particulate matter, due to the removal of the 

scrubber. The emissions for soybean dehulling represent a decrease of 

3.94 tons/year of particulate matter due to the addition of a scrubber. 

Compliance with annual limits shall be determined from a running total 

of 12 months of data. 

 b. Emissions of particulate matter of less than 10 microns in diameter 

(PM10) from the fluid bed dryer dehulling system, total, shall not 

exceed 3.41 lb/hr and 14.95 ton/yr of PM10. These limits represent the 

levels at which this project, by itself, would not represent a 

significant increase in emissions of PM10. 
4-15 

 c. This permit is issued based on the changes to existing equipment 

(reassignment of systems V-8.01, V-8.01A1, and V-8.01A2) not resulting 

in any increase in emissions of particulate matter. 

2. Emissions and operation of equipment shall not exceed the following limits: 

 Operating Hourly Particulate Matter 

 Hours Throughput Emissions 

Item of Equipment hours/year lbs/hour lb/hour ton/year

Millfeed pelleting 7560 50000 0.4 1.5 

These limits are based on information provided in the permit 

application. Compliance with annual limits shall be determined from a 

running total of 12 months of data. 

3a. The Permittee shall keep records of the amount of millfeed pelletized daily 

in order that compliance with the limits in Condition No. 2 may be verified. 

 b. These records shall be kept for two years and be available for 

inspection by the Agency upon request. 

It should be noted that the Agency's review of the Compilation of Air 

Pollutant Emission Factors, Supplement A, Appendix C.1., indicates that 

approximately 50% of the particulate matter emissions from grain handling 

operations are PM10. Accordingly, the Agency estimates that the increase in 

PM10 resulting from this project is 12.5 tons/year. Accordingly this project 

does not constitute a major modification subject to the federal rules for 

Prevention of Significant Deterioration (PSD), 40 CFR 52.21, for PM10. 

It should also be noted that 5901this permit has been revised to include 

operation of the equipment described in construction permit 94020014. 

If you have any questions on this, please call Don Hanko at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:DMH:jmm/sp/85Q/68-69 

cc: Region 2 
4-16 

217/782-2113 

Permit Expiration Date: April 8, 1985 

Application No.: 74100041 

I.D. No.: 001815AAF 

Received: March 10, 1980 

Operation of: System 2-9, West Gallery Filter, 2H Rail Receiving Unit, 3A Grain 

Dryer with Day Vac, 7A Addition to Preparation Plant, 7B Meal Loadout System 

Location: 1900 South Front Street, Quincy, Illinois 

July 3, 1980 

Quincy Soybean Co. 

1900 South Front Street 

Quincy, Illinois 62301 

Attention: Earle Chamness 

Gentlemen: 

Permit is hereby granted to operate the above-referenced equipment. 

This permit is subject to the following conditions: 

1. Standard conditions attached hereto and incorporated herein by 

reference. 

2. The following special conditions: 

This permit has been revised to include operation of the equipment 

described in construction permit C8003013. 

This letter has been retyped to correct the Company identification. 

If you have any questions concerning this permit, pleas contact William L. 

Miller at 217/782-2113. 

Very truly yours, 

Bharat Mathur, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

BM:WLM:jab/1436B/13 
4-17 

217/782-2113 

Permit Expiration Date: March 20, 1985 

Application No.: 05080046 

I.D. No.: 001815AAF BG LOAD #2 

Received: February 19, 1980 

Operation of: Barge Loading System #2 

Location: 1900 South Front Street, Quincy, Illinois 

March 25, 1980 

Quincy Soybean Co. 

1900 South Front Street 

Quincy, Illinois 62301 

Attention: Earle Chamness 

Gentlemen: 

Permit is hereby granted to operate the above-referenced equipment. 

This permit is subject to the following conditions: 

1. Standard conditions attached hereto and incorporated herein by 

reference. 

Very truly yours, 

Bharat Mathur, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

BM:JOA:dw/1192B-20 
4-18 

217/782-2113 

Permit Expiration Date: March 20, 1985 

Application No.: 05080047 

I.D. No.: 001815AAF BG LOAD #1 

Received: February 19, 1980 

Operation of: Barge Loading System #1 

Location: 1900 South Front Street, Quincy, Illinois 

March 25, 1980 

Quincy Soybean Co. 

1900 South Front Street 

Quincy, Illinois 62301 

Attention: Earle Chamness 

Gentlemen: 

Permit is hereby granted to operate the above-referenced equipment. 

This permit is subject to the following conditions: 

1. Standard conditions attached hereto and incorporated herein by 

reference. 

Very truly yours, 

Bharat Mathur, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

BM:JOA:dw/1192B-19 
4-19 

217/782-2113 

Permit Expiration Date: June 17, 1985 

Application No.: 80060013 

I.D. No.: 001815AAF SYSTEM 4 & SYSTEM 4A 

Received: June 9, 1980 

Operation of: Day-Vac Dryer Filter System 

Location: 1900 South Front Street, Quincy, Illinois 

July 1, 1980 

Quincy Soybean Co. 

1900 South Front Street 

Quincy, Illinois 62301 

Attention: Earle Chamness 

Gentlemen: 

Permit is hereby granted to operate the above-referenced equipment. 

This permit is subject to the following conditions: 

1. Standard conditions attached hereto and incorporated herein by 

reference. 

Please note: 

This permit has been revised to incorporate operating permit source 

007, 76010391, #4 Shanzer Dryer. 

This letter has been retyped to correct the Company identification. 

If you have any questions concerning this permit, please contact Don Hanko at 

217/782-2113. 

Bharat Mathur, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

BM:DMH:dw/2473B-32 
4-20 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

PERMITTEE

Archer Daniels Midland Company 

Attn: Michelle L. Bublitz 

4666 Faries Parkway 

Decatur, Illinois 62526 

Application No.: 01040059 I.D. No.: 001815AAF 

Applicant's Designation: ALTERNATE FUEL Date Received: May 20, 2001 

Subject: Vegetable Oil Fuel 

Date Issued: July 13, 2001 Operating Permit Expiration

Date: July 13, 2006 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment for the 

burning of vegetable oil and/or vegetable oil derivatives as an alternate 

fuel source in the existing gas/oil boilers 1,2 and 3, as described in the 

above referenced application. This Permit is subject to standard conditions 

attached hereto and the following special conditions: 

1. Description 

Archer Daniels Midland, Quincy facility, has proposed to burn vegetable 

oil and the derivatives there of in their existing gas/oil boilers 

numbers 1, 2 and 3. ADM has conducted pilot testing of worst case 

scenario vegetable oils and documented the results showing less than 

significant increases in criteria pollutants. 

2. List of Emission Units and Pollution Control Equipment 

Boilers #1, #2, and #3 

3. Applicability Provisions and Applicable Regulations 

a. An “affected Boiler” for the purpose of these unit-specific 

conditions, is each piece of equipment as described in Conditions 

1 and 2 unless otherwise stated in the following conditions as 

unit specific. 

b. The affected boilers are subject to 35 IAC 212.206, which 

provides that no person shall cause or allow the emission of 

particulate matter into the atmosphere in any one hour period to 

exceed 0.15 kg of particulate matter per MW-hr of actual heat 

input from any fuel combustion emission unit using liquid fuel 

exclusively (0.10 lbs/mmBtu) 

c. No person shall cause or allow the emission of sulfur dioxide 

into the atmosphere in any one hour period from any existing fuel 

combustion emission source, burning liquid fuel exclusively to 
4-21 

exceed 0.46 kg of sulfur dioxide per MW-hr of actual heat input 

when distillate fuel oil is burned (0.3 lbs/mmBtu) [35 IAC 

214.161(b)]. 

d. No person shall cause or allow the emission of carbon monoxide 

(CO) into the atmosphere from any furl combustion emission source 

with actual heat input greater than 2.9 MW (10 mmBtu/hr) to 

exceed 200 ppm, corrected to 50 percent excess air [35 IAC 

216.121]. 

4. Non-Applicability of Regulations of Concern 

N/A 

5. Operational and Production Limits and Work Practices 

The affected boilers shall not exceed the following material throughput 

limits: 

Affected Equipment Material 

Throughput 

(Gallons/Year) 

Boilers #1, #2, and #3 Vegetable Oil 3,372,580 

6. Emission Limitations 

a. Emissions from the affected boilers from vegetable oil combustion 

shall not exceed the following limits: 

Emissions from Vegetable Oil Combustion Boilers #1, #2 and #3 

 PM Tons/Month 1.08 

 PM Tons/Year 10.8 

 CO Tons/Month 0.1 

 CO Tons/Year 1.02 

 NOx Tons/Month 3.85 

 NOx Tons/Year 38.5 

 SO2 Tons/Month 0.02 

 SO2 Tons/Year 0.22 

These limits are based on the usage limits in Condition 5 and 

emission factors as listed in condition 12. 

b. Compliance with annual limits shall be determined on a monthly 

basis from the sum of the data for the current month plus the 

preceding 11 months (running 12 month total). 

7. Testing Requirements 

N/A 

8. Monitoring Requirements 

N/A 
4-22 

9. Recordkeeping Requirements 

The Permittee shall maintain records of the following items for each 

affected boiler to demonstrate compliance with Conditions 3, 5, and 6, 

pursuant to Section 39.5(7)(b) of the Act: 

a. Material Throughput gallons/month and gallons/year; and 

b. Emissions of: PM, SO2, NOx, and CO in tons/month and tons/year. 

10. Reporting Requirements 

The Permittee shall promptly notify the Illinois EPA, Compliance Section of 

noncompliance of an affected boiler with the permit requirements, pursuant to 

Section 39.5(7)(f)(ii) of the Act. Reports shall describe the probable cause 

of such deviations, and any corrective actions or preventive measures taken: 

11. Operational Flexibility/Anticipated Operating Scenarios 

N/A 

12. Compliance Procedures 

Compliance with the emission limits shall be based on the recordkeeping 

requirements in Condition 9 and the emission factors and formulas 

listed below: 

To determine compliance with Condition 6, emissions from each affected 

boiler shall be calculated based on the following numbers and equations: 

Average Btu Value of Vegetable Oil = 16,915 Btu/lb 

Average Fuel Density = 7.6 lb/gal 

Emission Factors: 

PM = 0.05 lb/mmBtu 

SO2 = 0.001 lb/mmBtu 

NOx = 0.1776 lb/mmBtu 

CO = 0.0047 lb/mmBtu 

Annual Emissions = Gal/Year * Lb/Gal * Btu/Lb * Lb/mmBtu * 1 Ton/2,000 Lb 

Monthly Emissions = Gal/Month * Lb/Gal * Btu/Lb * Lb/mmBtu * 1 

Ton/2,000 Lb 

If you have any questions on this, please call Kevin Smith at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:KLS:jar 

cc: Region 2 
4-23 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

NESHAP 

PERMITTEE

Archer Daniels Midland Company 

Attn: Michelle L. Bublitz 

4666 Faries Parkway 

Decatur, Illinois 62526 

Application No.: 01040069 I.D. No.: 001815AAF 

Applicant's Designation: DTDC REPLACEMENT Date Received: August 16, 2001 

Subject: DTDC 

Date Issued: November 15, 2001 Expiration Date: November 15, 2006 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of a replacement DTDC (desolventizer-toaster, dryer, cooler) as described in 

the above referenced application. This Permit is subject to standard 

conditions attached hereto and the following special conditions: 

1. Description 

Archer Daniels Midland, Quincy facility, has proposed to replace their 

existing desolventizer-toaster, meal dryers and meal coolers at the 

west plant with a new DTDC. This modification is being made in order 

for ADM to meet the solvent loss factor established in 40 CFR 63 

Subpart GGGG that becomes effective in early 2004. Information supplied 

by the manufacturer of the process unit indicates that a decrease in 

emissions should be realized from this modification, also it 

demonstrates that the capacity of the new DTDC is less than or equal to 

the existing system therefore no debottlenecking will occur. 

2. List of Emission Units and Pollution Control Equipment 

DTDC Controlled by 4 Cyclones 

3. Applicable Provisions and Regulations 

a. An “affected DTDC” for the purpose of these unit-specific 

conditions, is each piece of equipment as described in Condition 

2 unless otherwise stated in the following conditions. 

b. The affected DTDC is subject to 35 IAC 212.321(a), which provides 

that no person shall cause or allow the emission of particulate 

matter into the atmosphere in any one hour period from any new 

process emission unit, either alone or in combination with the 

emission of particulate matter from all other similar process 

emission units for which construction or modification commenced 

on or after April 14, 1972, at a source or premises, exceeds the 
4-24 

allowable emission rates specified in subsection (c) of 35 IAC 

212.321, [35 IAC 212.321(a)]. 

i. The emissions of particulate matter into the atmosphere in 

any one hour period from the affected emission units shall 

not exceed the allowable emission rates specified in the 

following equation 

E = A(P)B

Where: 

P = Process weight rate 

E = Allowable emission rate 

1. For process weight rates up to 408 Mg/hr (450 T/hr): 

Metric English

P Mg/hr T/hr 

E kg/hr lbs/hr 

A 1.214 2.54 

B 0.534 0.534 

2. For process weight rates in excess of 408 Mg/hr (450 

T/hr): 

Metric English

P Mg/hr T/hr 

E kg/hr lbs/hr 

A 11.42 24.8 

B 0.16 0.16 

Where: 

P = Process weight rate in metric or English tons 

per hour, and 

E = Allowable emission rate in kilograms or pounds 

per hour. [35 IAC 212.321] 

c. This facility including the affected DTDC is subject to 40 CFR 63 

Subpart GGGG, vegetable oil MACT standard. 

4. Non-Applicability of Regulations of Concern 

The Permittee has addressed the applicability and compliance of 40 CFR 

52.21, PSD. The limits and other requirements of this permit ensure 

that the modifications addressed in this permit do not constitute a 

major modification as explained in more detail in Attachment 1. 
4-25 

5. Operational and Production Limits and Work Practices 

The affected DTDC shall not exceed historic allowable throughput rates 

for the equipment which the affected DTDC replaces, as indicated in the 

above mentioned permit application. The Permittee shall maintain 

records as indicated in special condition 9 and any other data that may 

be necessary to demonstrate compliance with this limit. 

6. Emission Limitations 

a. Emissions from the affected DTDC shall not exceed the following 

limits: 

DTDC 

Solvent Extraction 

Emissions 

Emissions from Meal 

Drying and Cooing 

Pollutant VOM PM PM10

Tons/Month ---- 2.6 1.7 

Tons/Year 616.5 26.6 17.3 

VOM limits are based on 0.2 gallon/ton solvent loss rate (MACT 

standard), PM emissions are based on manufacturers recommended 

emission rate with a 15% safety factor. 

b. Compliance with annual limits shall be determined on a monthly 

basis from the sum of the data for the current month plus the 

preceding 11 months (running 12 month total). 

7. Testing Requirements 

N/A 

8. Monitoring Requirements 

N/A 

9. Recordkeeping Requirements 

The Permittee shall maintain records of the following items for the 

affected DTDC to demonstrate compliance with Conditions 5 and 6, 

pursuant to Section 39.5(7)(b) of the Act: 

a. Process weight rate as a percentage of historic value as 

indicated in permit application. 

b. Emissions of: PM, PM10 and VOM in tons/month and tons/year. 

c. Solvent loss rate, gal/ton, to be calculated on a monthly basis 

from the sum of the data for the current month plus the preceding 

11 months (running 12 month total). 

10. Reporting Requirements 

a. The Permittee shall promptly notify the Illinois EPA, Compliance 

Section of noncompliance of an affected DTDC with the permit 
4-26 

requirements, pursuant to Section 39.5(7)(f)(ii) of the Act. 

Reports shall describe the probable cause of such deviations, and 

any corrective actions or preventive measures taken. 

b. The Permittee shall notify the Illinois EPA, Compliance Section 

upon initial startup of the affected DTDC. 

11. Operational Flexibility/Anticipated Operating Scenarios 

The Permittee is allowed a period of 180 days form initial startup of 

the DTDC for a shakedown period after which they must commence 

recording production rate and solvent loss rate for the process. 

12. Compliance Procedures 

Compliance with the emission limits shall be based on the recordkeeping 

requirements in Condition 9 and the data in special condition 5. 

If you have any questions on this, please call Kevin Smith at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:KJL:jar 

cc: Region 2 
4-27 

Attachment 1 

PSD Applicability 

Table I – Past Actual Emissions (97-98 Average)

(Tons/Year) 

VOM PM PM10

 

686.5 38.3 19.1 

Table II – Future Potential Emissions (Tons/Year) 

VOM PM PM10

 

602.3 26.6 17.3 

Table III – Net Emissions Change From This Project (Tons/Year) 

Table VOM PM PM10

 

I 686.5 38.3 19.1 

II 616.5 26.6 17.3 

Total - 70.0 - 11.7 - 1.8 

KJL:jar 
4-28 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

PERMITTEE

Archer Daniels Midland Company (ADM) 

Attn: Michelle Bublitz 

4666 Faries Parkway 

Decatur, Illinois 62526 

Application No.: 02030045 I.D. No.: 001815AAF 

Applicant's Designation: FIRE PUMPS Date Received: March 15, 2002 

Subject: Two Diesel Fired Fire Pumps 

Date Issued: June 19, 2002 Operating Permit Expiration

Date: June 19, 2007 

Location: ADM – Quincy, 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of two diesel fired fire pumps as described in the above-referenced 

application. This Permit is subject to standard conditions attached hereto 

and the following special condition(s): 

1. Operation of the emission source(s) included in this permit shall not 

begin until all associated air pollution control equipment has been 

constructed and is operational. 

2. Emissions and operation of each diesel fired fire pump shall not exceed 

the following limits: 

 Hours/Year Lb/Hour Tons/Year

 

NOx 520 7.49 1.95 

CO 520 3.55 0.92 

PM 520 0.62 0.16 

VOC 520 0.25 0.07 

SO2 520 0.15 0.04 

These limits are based on the manufacturer’s emission data and 

operating hours. Compliance with annual limits shall be determined 

from a running total of 12 months of data. 

3a. The Permittee shall maintain records of the following items for fired 

pumps: 

i. Diesel fuel usage (gallons/month and gallons/year); 

ii. Operating hours (hours/month and hours/year); and 

iii. Monthly emissions form fire pump with supporting emission 

calculation. 
4-29 

 b. These records shall be retained for at least three years and shall be 

available for inspection and copying by the Illinois EPA upon request. 

If you have any questions on this, please call Minesh Patel at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:MVP:psj 

cc: Region 1 
4-30 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

NESHAP SOURCE 

PERMITTEE

Archer Daniels Midland Company 

Attn: Michelle L. Bublitz 

4666 Faries Parkway 

Decatur, Illinois 62526 

Application No.: 02060046 I.D. No.: 001815AAF 

Applicant's Designation: MACT IMPROVEMENTS Date Received: June 13, 2002 

Subject: Emission Reduction Program – East Plant 

Date Issued: June 17, 2002 Expiration Date: June 17, 2007 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of changes to equipment in the East soybean extraction plant, including 

replacement of the first-effect evaporator and its associated process 

condenser and addition of vacuum to the second-effect evaporator system, 

which equipment is controlled by the existing mineral oil scrubber system, as 

described in the above referenced application. This Permit is subject to 

standard conditions attached hereto and the following special conditions: 

1a. i. This permit authorizes changes to subsidiary equipment in the 

East soybean extraction plant undertaken for the purpose of 

reducing losses of volatile organic material (VOM) from the plant 

to facilitate compliance with the solvent loss factor in the 

National Emissions Standards for Hazardous Air Pollutants 

(NESHAP) for Solvent Extraction for Vegetable Oil Production, 40 

CFR Part 63 Subpart GGGG, which becomes effective in early 2004. 

ii. This permit does not authorize operation of the plant without the 

control devices that are currently in place while these changes 

are made to equipment. 

 b. This permit does not authorize any increase in operation or 

emissions of the plant above its current capacity or above 

limitations set in other permits for the plant (Refer to 

Joint Construction/Operating Permit 01040069). 

2. This permit is issued based on the changes to the plant not 

constituting a major modification subject to the federal rules for 

Prevention of Significant Deterioration of Air Quality (PSD), 40 CFR 

52.21. Accompanying its application, in a letter dated April 23, 2002, 

the Permittee addressed the applicability of PSD to these changes 

explaining that these changes are designed to reduce emissions of the 

plant from current levels and would not have any practical effect on 

the capacity of the plant, which is physically constrained by other 

components of the plant such as the extractor. 
4-31 

3. The Permittee shall maintain records of the actual solvent loss, in 

gallon per ton of soybeans processed, of the East soybean extraction 

plant on a monthly basis determined from the sum of the data for the 

current month plus the preceding 11 months (running 12 month total). 

4. Pursuant to this permit, the Permittee may undertake other changes to 

equipment in the East soybean processing plant for which a permit would 

otherwise be required by 35 IAC Part 201, provided that: 

i. Any vents from the equipment exhaust to the atmosphere through 

the mineral oil scrubber system serving the plant. 

ii. The change to the equipment being undertaken is consistent with 

the authorization in Condition 1. 

iii. The Permittee notifies the Illinois EPA at least 10 days in 

advance of commencing construction of such a change. This 

notification shall include a description of the proposed change. 

iv. Construction of the change is commenced prior to the Compliance 

Date of the NESHAP. 

If you have any questions on this permit, please call Christopher Romaine at 

217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:CPR:psj 

cc: Region 2 
4-32 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

PERMITTEE

Archer Daniels Midland 

Attn: Michelle Bublitz 

4666 Faries Parkway 

Decatur, Illinois 62526 

Application No.: 02070010 I.D. No.: 001815AAF 

Applicant's Designation: Date Received: July 2, 2002 

Subject: Escher Wyss Baghouse 

Date Issued: August 8, 2002 Expiration Date: August 8, 2007 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of a baghouse to the existing Escher Wyss dryer as described in the 

above-referenced application. This Permit is subject to standard conditions 

attached hereto and the following special condition(s): 

1a. At all times, the Permittee shall maintain and operate the baghouse and 

dryer in a manner consistent with good air pollution control practice 

for minimizing emissions. 

 b. The Permittee may operate the dryer while it is exhausting to the 

existing cyclone when the baghouse is down for maintenance. 

2. This permit is issued based on no increase of emissions from addition 

of new baghouse to the dryer because there is no change in throughput 

or operating hours for the dryer. 

Please note that if this new equipment will result in any change to the data and 

information already provided in the CAAPP application submitted for this source, 

the Permittee must update their CAAPP application by submitting form 505-CAAPP – 

“Supplement to CAAPP Application” accompanied by other appropriate information. 

If you have any questions on this, please call Kaushal Desai at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:KKD:psj 

cc: Region 2 
4-33 

217/782-2113 

OPERATING PERMIT - REVISED 

PERMITTEE

ADM Quincy 

Attn: Ken Doellman 

1900 Gardner Expressway 

Quincy, Illinois 62306 

Application No.: 72110657 I.D. No.: 001815AAF 

Applicant's Designation: SYSTEM 7 Date Received: January 17, 1997 

Subject: East Processing Plant 

Date Issued: January 28, 1997 Expiration Date: January 28, 2002 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to OPERATE sources 

listed in Table 1 emission source(s) and/or air pollution control equipment 

as described in the above-referenced application. This Permit is subject to 

standard conditions attached hereto and the following special condition(s): 

1a. No person shall cause or allow any visible emissions of fugitive 

particulate matter from any process, including any material handling or 

storage activity beyond the property line of the emission source, 

pursuant to 35 Ill. Adm. Code 212.301. 

 b. Emissions of volatile organic material shall not exceed 0.0026 pounds 

of volatile organic material per pound of conventional soybeans 

crushed, pursuant to 35 Ill. Adm. Code 215.340(a). 

 c. This permit is issued based upon adding new equipment listed in Table 1 

along with an increase in annual soybeans processed to 28.5 million 

bushels. 

 d. Compliance with annual emission and operating limitations in this 

permit are to be determined on a monthly basis using the present month 

figures along with the last eleven consecutive months; i.e. a 365 day 

rolling average. 

2a. i. The annual grain throughput of the East plant shall not exceed 

28.5 million bushels, based on a 12 month rolling average. 

ii. The total amount of volatile organic material (VOM) emitted for 

oil (East Plant) extraction shall not exceed 724.20 tons per year 

at the East Plant. Compliance with this limit shall be 

determined from total solvent (hexane) consumption as referenced 

in Table 2 and 2a. 

 b. i. Coal and natural gas shall be the primary fuel fired at the 

plant. 
4-34 

ii. The annual coal consumption for the boilers required for the East 

Processing Plant shall not exceed 17,000 tons of coal. 

 c. i. Natural gas shall be the primary fuel fired in the dryers. 

Secondary fuel shall be propane limited to 150,000 gal/year. 

ii. The annual natural gas consumption for the dryers shall not 

exceed 76.4 mmcf. 

 d. Emissions from the East Processing Plant shall not exceed 80.49 ton per 

year particulate matter and 23.01 ton/year PM10 as shown in Table 1. 

 e. Particulate matter emission increases shall not exceed the limits of 

Table 1. 

 f. The annual increase in VOM emissions for the East Processing Plant and 

Fuel Combustion Units shall not exceed 725.0 tons/year, as indicated in 

Table 2. 

 g. Emissions from the boiler and grain dryers other than particulate 

matter shall not exceed the limits in Table 3 and 3a. 

3a. The Agency has determined that this project is not subject to the 

Prevention of Significant Deterioration (PSD) regulations even though 

it results in a significant increase in emissions at a major source, 

when considered with prior construction projects at this facility. 

Since this facility is a major source, a significant increase in 

emissions of any contaminant is potentially subject to PSD. However, a 

recent interpretation of the PSD regulations by the USEPA excludes from 

the regulations a series of accumulated emissions totaling above 

significance levels, when each individual increase is below the PSD 

threshold level. 

 b. The increase in volatile organic material emissions accompanying this 

expansion is less than significant, i.e. less than 40 tons/year, as 

explained in Table 4. 

 c. The increase in nitrogen oxide emissions accompanying the expansion is 

less than significant, i.e., less than 40 tons/year as explained in 

Table 4. 

 d. The increase in boiler emissions attributable to this project will not 

result in significant increases of any air contaminants when added to 

the increases from the expansion as explained in Table 4. 

4a. The modified equipment described in the permit application may be 

operated for a period of 180 days under this Construction Permit. 

 b. The equipment described in the permit application shall not begin 

operation until construction, including construction of any air 

pollution control equipment, is complete, and reasonable measures short 

of actual operation have been taken to verify proper operation. 
4-35 

5a. Within 90 days of written request from the Agency, the particulate 

matter emissions of the DTDC shall be measured by an approved testing 

service, during conditions which are representative of maximum 

emissions. 

 b. The Agency shall be notified in writing a minimum of thirty (30) days 

prior to the expected date of these tests and further notified a 

minimum of five (5) working days prior to the test of the exact date, 

time and place of these tests, to enable the Agency to witness these 

tests. 

 c. The following methods and procedures shall be used for testing of 

emissions, unless another method is approved by the Agency: Refer to 

40 CFR 60, Appendix A USEPA test methods. 

Location of Sample Points USEPA Method 1 (40 CFR 60, Appendix A) 

Gas Flow and Velocity USEPA Method 2 (40 CFR 60, Appendix A) 

Particulate Matter USEPA Method 5 (40 CFR 60, Appendix A) 

PM10 USEPA Method 201 or 102A (40 CFR 51, 

Appendix M) 

 d. Copies of the Final Report(s) for these tests shall be submitted to the 

Agency within 14 days after the test results are compiled and 

finalized. The Final Report shall include as a minimum the following: 

i. A summary of results 

ii. General information 

iii. Description of test method(s), including description of sampling 

points, sampling train, analysis equipment, and test schedule 

iv. Detailed description of test conditions, including 

A. Process information, i.e., mode(s) of operation, process 

rate, e.g. fuel or raw material consumption 

B. Control equipment information, i.e., equipment condition 

and operating parameters during testing, and 

v. Data and calculations, including copies of all raw data sheets 

and records of laboratory analyses, sample calculations, and data 

on equipment calibration 

 e. Submittals of information shall be made as follows: 

i. Two copies of all notifications, reports or other submissions 

required by this permit shall be provided to the Agency at the 

following address, unless otherwise specified: 

Illinois Environmental Protection Agency (MC 40) 

Division of Air Pollution Control, Compliance Unit 

1340 North Ninth Street 

P.O. Box 19276 

Springfield, Illinois 62794-9276 
4-36 

ii. One copy of all notifications, reports and other submissions 

required by this permit, but not including the Annual Emission 

Report, shall also be provided to the Agency at the following 

address, unless otherwise specified: 

Illinois Environmental Protection Agency 

Division of Air Pollution Control - Regional Office 

5415 North University 

Peoria, Illinois 61614 

6a. The Permittee shall operate, maintain, and repair all air pollution 

control equipment in a manner that assures that the applicable emission 

limits set in this permit are met at all times. The actions taken by the 

Permittee to meet this requirement shall include at least the following: 

i. Written operating procedures shall be maintained and updated 

describing normal process and equipment operating parameters; 

monitoring or instrumentation for measuring control equipment 

operating parameters, if any; and control equipment inspection 

and maintenance practices the baghouse pressure drop will be 

observed and recorded. With respect to control equipment 

maintenance practices, the operating procedures may incorporate 

the manufacturers recommended operating instructions, if a copy 

of these instructions is attached to the procedures. 

ii. Visual inspections of air pollution control equipment shall be 

conducted on a regular schedule. These inspections shall include 

a detailed inspection of the performance and condition of control 

equipment at least once per year. 

iii. Prompt repairs shall be made upon identification of need, either 

as a consequence of formal inspections or other observations. 

iv. Written records of inspection, maintenance and repair activities 

shall be kept in accordance with Condition 8(b). 

 b. The written operating procedures required by paragraph (a)(i) and the 

written records required by paragraph (a)(iv) need not be developed 

until the initial startup of the plant expansion. 

 c. This condition establishes compliance procedures to assure proper 

operation of control equipment as it is used to comply with limits on 

particulate matter and volatile organic material emissions set in this 

permit. These procedures make the particulate matter and volatile 

organic material limits set in this permit enforceable as a practical 

matter, and the implementation of these procedures may be used to 

determine compliance with the limits. 

7a. The Permittee shall keep written records of the following item as 

related to the requirements established by Condition 1 through 3. 

These records may include normal production and operating records and 

shall be kept on at least a monthly basis if not otherwise specified. 
4-37 

i. Grain received and grain processed 

ii. Hexane usage, coal and natural gas usage, coal characteristics, 

including heating value, sulfur content and ash content. 

iii. Operating parameters for the grain dryer to identify proper dryer 

operation, at least once per day. 

iv. A. Operating parameters for the oil extraction system, 

including the flakers to identify proper system operation, 

at least once per shift. 

B. Operating parameters of the mineral oil absorber associated 

with the oil extraction system to identify proper 

operation, at least once per shift. 

C. Records of solvent inventory and soybean crushed, as 

required by 35 Ill. Adm. Code 215.344. 

 b. The Permittee shall keep written records of inspections, other 

equipment observations, preventative maintenance, maintenance 

activities other than preventative maintenance, and repair of air 

pollution control equipment which include date, duration, nature, and 

description of observation or action. 

 c. All these records shall be kept and retained for at least two years and 

shall be available for inspection by the Agency. Upon request records 

required by paragraphs (b) shall be copied and furnished to Agency 

representatives during working hours. 

 d. Upon reasonable written request by the Agency, the Permittee shall submit 

a copy of these records as specified in the request. This material shall 

be submitted within 15 working days from the date of the request. 

9. With the Annual Report required by 35 Ill. Adm. Code 201.302, the 

Permittee shall also report the annual emissions of particulate matter and 

volatile organic material, with supporting calculations and activity data 

and describe any exceedance of applicable limits, as determined by 

activities required by conditions of this permit or other means. 

It should be noted that this permit has been revised to include Construction 

Permit 96030251. 

If you have any questions on this permit, please call Don Hanko at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:DMH:jar 

cc: Region 2 
4-38 

TABLE 1 

LIMITS FOR PARTICULATE MATTER EMISSIONS

 Particulate 

 Operating Throughput Matter Emissions PM10 Emissions 

 Hours Process Rate Average Maximum Average Maximum 

Source Hours/Year Tons/Hour Lbs/Hr Tons/Year Lbs/Hr Tons/Year

Grain Elevator (96030251) 

Meal Sifter 1-4 8760 83.3 0.19 0.84 0.028 0.12 

Meal Grinder 8760 41.7 0.10 0.42 0.014 0.06 

Screening Refining 8760 16.9 0.004 0.02 0.001 0.00 

Primary Cleaning 8760 150.0 0.32 1.38 0.075 0.33 

Clean Bean Leg 8760 75.0 0.033 0.14 0.008 0.03 

Dirty Bean Leg 8760 105.0 0.019 0.08 0.011 0.05 

Bean Cleaner Leg 8760 105.0 0.046 0.20 0.001 0.00 

Screening Surg Bin 8760 25.0 0.001 0.01 0.000 0.00 

Rotary Magnet 8760 150.0 0.032 0.14 0.008 0.03 

Cracking Rolls, Impactor 

 and Aspirators 8760 105.0 0.231 1.01 0.035 0.15 

Flaking Rolls 8760 104.0 1.3 5.69 0.208 0.91 

DTDC Meal Drying 

 and Cooling 8760 104.0 4.6 20.33 2.392 10.48 

Expanders 8760 104.0 0.38 1.66 0.57 0.25 

Bean Conditioning 8760 52.1 0.038 0.17 0.006 0.03 

Existing Equipment 48.39 10.56

East Plant Emissions 80.49 23.01 

DES:DMH:jar 
4-39 

TABLE 1A 

PARTICULATE MATTER EMISSION INCREASES

 Current Revised Increase 

 Emissions Limits PM PM-10 

Source Tons/Year Tons/Year Tons/Year Tons/Year

Grain Elevator (96030251) 

Meal Sifter 1-4 0.42 0.84 + 0.42 0.0 

Meal Grinder 1.51 0.42 - 1.16 + 0.50 

Screening Refining ---- 0.02 + 0.02 0.0 

Primary Cleaning 0.64 1.38 + 0.94 + 0.25 

Clean Bean Leg 0.13 0.14 + 0.01 + 0.03 

Dirty Bean Leg 0.01 0.08 + 0.07 + 0.05 

Bean Cleaner Leg 0.13 0.20 + 0.07 0.0 

Screening Surg Bin ---- 0.00 + 0.00 0.0 

Rotary Magnet 0.67 0.14 - 0.53 + 0.05 

Cracking Rolls, Impactor 

 and Aspirators 7.31 1.01 - 6.3 - 0.94 

Flaking Rolls 0.42 5.69 + 5.27 + 0.49 

DTDC Meal Drying 

 and Cooling 68.35 20.35 - 48.0 - 24.35 

Expanders ---- 0.56 0.26 + 0.26 

Bean Conditioning 0.22 16.73 + 16.51 + 2.51 

Existing Equipment 56.32 50.84 - 5.48 - 0.34

East Plant Emissions - 38.69 - 20.64 

DES:DMH:jar 
4-40 

TABLE 2 

VOLATILE ORGANIC EMISSIONS

 Lbs/Hour Tons/Year

Solvent Extraction * 175.90 724.2 

Fuel Combustion Units 0.19 0.80

 176.09 725.00 

VOC emissions are based on actual consumption of hexane. 

* Solvent Extraction VOM area based on 0.3 gal of hexane/tons soybeans 

crushed. 

DES:DMH:jar 
4-41 

TABLE 2a 

VOLATILE ORGANIC EMISSION INCREASE

FROM SOLVENT EXTRACTION

Average Emissions Revised Emissions Increased Emissions 

 Tons/Year Tons/Year Tons/Year_____

 708.21 725.00 16.79 

VOC emissions are based on solvent (hexane) consumption. 

DES:DMH:jar 
4-42 

TABLE 3 

NON-PARTICULATE EMISSIONS FROM FUEL COMBUSTION

 Projected Emissions 

 Maximum Average 

Contaminant Lbs/Hour Tons/Year

Carbon Monoxide 6.49 26.8 

Nitrogen Oxide 43.78 180.75 

Volatile Organic Material 0.19 0.80 

Sulfur Dioxide 54.42 224.67 

DES:DMH:jar 
4-43 

TABLE 3a 

NON-PARTICULATE EMISSIONS INCREASES FROM BOILERS

 Current Revised Increased 

 Emissions Emissions Emissions 

Contaminant Tons/Year Tons/Year Tons/Year

Carbon Monoxide 22.53 26.8 4.27 

Nitrogen Oxide 140.82 180.75 39.93 

Volatile Organic Material 0.52 0.80 0.28 

Sulfur Dioxide 216.07 224.67 8.60 

DES:DMH:jar 
4-44 

TABLE 4 

CURRENT EMISSION BASELINE - AVERAGE OF YEARS 1992 & 1993 - 1800 TPD

 PART PM10 CO NOx SO2 VOM 

Name of Unit TONS TONS TONS TONS TONS TONS_

1000 East Elevator Units 14.01 3.41 0.00 0.00 0.00 0.00 

2000 East Plant Units 75.41 25.98 0.00 0.00 0.00 0.00 

Fuel Combustion Units 

(Boilers/Grain Dryers) 16.39 3.52 22.53 140.82 216.07 0.52 

2000 East Plant Hexane Emissions 0.00 0.00 0.00 0.00 0.00 707.69

Total Emissions: 105.80 32.91 22.53 140.82 216.07 708.20 

 PROPOSED EXPANSION 2500 TPD

 PART PM10 CO NOx SO2 VOM 

Name of Unit TONS TONS TONS TONS TONS TONS_

1000 East Elevator Units 28.40 6.90 0.00 0.00 0.00 0.00 

2000 East Plant Units 80.49 23.01 0.00 0.00 0.00 0.00 

Fuel Combustion Units 

(Boilers/Grain Dryers) 17.81 4.44 26.80 180.75 224.67 0.80 

2000 East Plant Hexane Emissions 0.00 0.00 0.00 0.00 0.00 724.20

Total Emissions: 126.70 34.35 26.80 180.75 224.67 725.00 

DES:DMH:jar 
4-45 

217/782-2113 

OPERATING PERMIT - REVISED 

PERMITTEE

ADM 

Attn: Michelle Bublitz 

4666 Faries Parkway 

Decatur, Illinois 62526 

Application No.: 91080055 I.D. No.: 001815AAF 

Applicant's Designation: SYSTEM 13 Date Received: August 14, 2002 

Subject: Vegetable Oil Refinery 

Date Issued: September 4, 2002 Expiration Date: September 4, 2007 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to OPERATE 

emission source(s) and/or air pollution control equipment consisting of 

bleaching clay unloading and transfer with baghouse control, two Try Syl 

transfer systems with baghouse control, two gas/propane fired steam boilers, 

vegetable oil storage tanks, and process vacuum pumps as described in the 

above-referenced application. This Permit is subject to standard conditions 

attached hereto and the following special condition(s): 

1. Annual emissions of Nitrogen Oxides (NOx) and Carbon Monoxide (CO) shall 

not exceed the amounts specified in the Table below. 

 Annual Emissions 

(Tons/Year) 

Emission Source NOx CO______

Two 7.5 Million Btu Steam Boilers 3.3 0.7 

These limits are based on the information provided in the permit 

application. 

2. Emissions and operation of equipment shall not exceed the following 

limits: 

 Process Operating Particulate Matter 

 Rate Hours Emissions 

Item of Equipment (Lbs/Hr) (Hrs/Yr) (Lbs/Hr)_____

Diatomaceous Earth Transfer 4,000 140 0.06 

Trisyl Transfer 7,200 77 0.11 

These limits are based on the information provided in the permit 

application. Compliance with annual limits shall be determined from a 

running total of 12 months of data. 

3. This permit is issued based on negligible emissions of organic material 

from seven new storage tanks, crude oil storage and vacuum pumps. For 

this purpose, emissions shall not exceed nominal emission rates of 0.1 

lb/hour and 0.44 ton/year. 
4-46 

4. This permit is based on negligible emissions of particulate matter from 

the bleaching clay unloading and transfer system. For this purpose, 

emissions shall not exceed nominal emission rates of 0.15 lb/hr and 

0.66 tons/yr. 

5. The issuance of this permit does not relieve the Permittee of the 

responsibility of complying with the provisions of the State of 

Illinois Rules and Regulations, Title 35: Subtitle C, Water Pollution 

Control, Chapter 1. The Permittee shall obtain a permit from the 

Division of Water Pollution Control for the operation of any wastewater 

pretreatment system and or discharge tributary to the City of Quincy. 

It should be noted that this permit was revised to increase operating hours 

and process rates from the bleaching clay unloading and transfer system. 

If you have any questions on this, please call Kaushal Desai at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:KKD:jar 

cc: IEPA, FOS, Region 2 

IEPA, FOS, CMU 

USEPA 

A. Giacomini 
4-47 

217/782-2113 

“REVISED” 

JOINT CONSTRUCTION AND OPERATING PERMIT 

PERMITTEE

ADM Quincy 

Attn: Ken Doellman 

1900 Gardner Expressway 

Quincy, Illinois 62306 

Application No.: 93110019 I.D. No.: 001815AAF 

Applicant's Designation: System #16 Date Received: November 4, 1993 

Subject: Barge Dock Steam Boiler 

Date Issued: November 18, 1993 Operating Permit Expiration

Date: November 18, 1998 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of one oil-fired Kewanee portable boiler as described in the above-referenced 

application. This Permit is subject to standard conditions attached hereto 

and the following special condition(s): 

1. Operation of the emission source(s) included in this permit shall not 

begin until all associated air pollution control equipment has been 

constructed and is operational. 

2. This permit is for one boiler only. However, one relocated boiler from 

another site may be used initially and then replaced with an identical 

unit within one year. Only one boiler may operate at a time. 

3a. Firing rate, fuel oil usage, hours of operation, and emissions of sulfur 

dioxide and nitrogen oxides shall not exceed the following: 

Firing Rate Operation Oil Usage Emissions 

 mmbtu/hr hr/year gal/year SO2 NOX

 lb/hr ton/yr lb/hr ton/yr

 8.4 2000 120000 2.6 2.6 3.3 3.3 

 b. Compliance with annual limits shall be determined from a running total of 

12 months of data. 

4. At the above location, the Permittee shall not keep, store, or utilize: 

a. distillate fuel oil (Grades No. 1 and 2) with a sulfur content 

greater than the larger of the following two values: 

i. 0.28 weight percent, or 
4-48 

ii. the wt. percent given by the formula: Maximum wt. percent 

sulfur = (0.000015) x (Gross heating value of oil, 

BTU/lb). 

5. Organic liquid by-products or waste materials shall not be used in 

these fuel combustion emission sources without written approval from 

this Agency. 

6. The Agency shall be allowed to sample all fuels stored at the above 

location. 

7. Appropriate operating records shall be maintained to allow the Agency 

to review compliance with the limits in Condition 3 and 4. 

If you have any questions on this, please call Dan Punzak at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:DGP:psj 

cc: Region 2 
4-49 

217/782-2113 

CONSTRUCTION PERMIT 

PERMITTEE

C & T Quincy 

Attn: Ken Klauser 

2800 Refinery Road 

Quincy, IL 62306 

Application No.: 95090189 I.D. No.: 001815AAF 

Applicant's Designation: SYSTEM 13 Date Received: September 18, 1995 

Subject: Vegetable Oil Refinery 

Date Issued: November 21, 1995 

Location: 2800 Refinery Road, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT 

emission source(s) and/or air pollution control equipment consisting of seven 

vegetable oil storage tanks as described in the above-referenced application. 

This Permit is subject to standard conditions attached hereto and the 

following special condition(s): 

1. This permit is issued based on negligible emissions of organic material 

from seven new storage tanks. For this purpose, emissions shall not 

exceed nominal emission rates of 0.1 lb/hour and 0.44 ton/year. 

If you have any questions on this, please call Don Hanko at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:DMH:drk 

cc: Region 2 
4-50 

217/782-2113 

CONSTRUCTION PERMIT 

PERMITTEE

Quincy Soybean Company 

Attn: Ken Klauser 

1900 Gardner Expressway 

Quincy, Illinois 62306 

Application No.: 96030250 I.D. No.: 001815AAF 

Applicant's Designation: SYSEM 1 Date Received: March 12, 1996 

Subject: East Elevator Operation 

Date Issued: June 6, 1996 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT 

emission source(s) and/or air pollution control equipment consisting of a 

elevator modification which includes an increase in throughput, an increase 

in drying and the addition of a scalper and destoner as described in the 

above-referenced application. This Permit is subject to standard conditions 

attached hereto and the following special condition(s): 

1. Operation and particulate matter emissions of equipment shall not 

exceed the following: 

 Operating Particulate Matter 

 Operating Rate Hours Emissions 

Item of Equipment (Bushels/Hour) (Hours/Year) (Tons/Year)____

Existing Equipment 3,253 8,760 15.8 

Grain Drying 3,650 6,570 11.7 

Scalper/Destoner 3,253 8,760 0.9

 Total 28.4 

 

These limits are based on the information provided in the permit 

application. 

2. Annual grain throughput at the East elevator operation shall not exceed 

28.5 million bushel per year. The annual grain drying shall not exceed 

24 million bushels per year. 

3. The applicant shall keep records for the following: 

a. Amount of grain handled annually. 

b. Amount of grain dried annually. 

These records required by this permit shall be retained for at least 

three years. These records shall be available for inspection upon 

request by the Agency. 
4-51 

If you have any questions on this, please call Don Hanko at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:DMH:jar 

cc: Region 2 
4-52 

217/782-2113 

CONSTRUCTION PERMIT 

PERMITTEE

ADM Quincy Processing Division 

Attn: Ken Doellman 

1900 Gardner Expressway 

Quincy, Illinois 62306 

Application No.: 98060073 I.D. No.: 001815AAF 

Applicants Designation: System 7 Date Received: June 22, 1998 

Subject: East Plant Meal Cote System 

Date Issued: August 17, 1998 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT 

emission source(s) and /or air pollution control equipment consisting of 

storage tank and cyclone as described in the above referenced application. 

This Permit is subject to standard conditions attached hereto and the 

following special condition(s): 

1. This permit is issued based on negligible emissions of Particulate 

Matter from the 1,000 cubic foot meal cote bulk storage tank 

(TS-3006) and pneumatic cyclone (CA-3001) that is controlled by an 

existing baghouse (FA-3001). For this purpose, emissions shall not 

exceed nominal emission rates of 0.1 lb/hour and 0.44 ton/year. 

If you have any questions concerning this letter, please contact Bruce Rodely 

at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:BDR:psj 

cc: Region 2 
4-53 

217/782-2113 

REVISED 

JOINT CONSTRUCTION AND OPERATING PERMIT 

PERMITTEE

Archer Daniels Midland Company (ADM) 

Attn: Michelle L. Bublitz 

4666 Faries Parkway 

Decatur, Illinois 62526 

Application No.: 99040082 I.D. No.: 001815AAF 

Applicant's Designation: H2 PLANT Date Received: May 6, 2002 

Subject: Hydrogen Gas Plant 

Date Issued: July 2, 2002 Operating Permit Expiration

Date: June 22, 2004 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of a hydrogen gas plant as described in the above-referenced application. 

This Permit is subject to standard conditions attached hereto and the 

following special condition(s): 

1.0 Unit Specific Conditions 

1.1 Description 

The Permittee operates a small hydrogen plant to supply hydrogen 

for its soybean oil refining operations. 

1.2 List of Emission Equipment and Pollution Control Equipment 

Emission 

Unit Emission Source 

Control 

Equipment 

Date 

Constructed 

1 Reformer Burner N/A 6/1999 

1.3 Applicability Provisions and Applicable Regulations 

a. An “affected reformer burner” for the purpose of these 

unit specific conditions is a unit used for the production 

of hydrogen gas, that is fired with natural gas and vent 

gas, with a maximum heat input capacity of 20 mmBtu/hr. 

b. No person shall cause or allow the emission of sulfur 

dioxide into the atmosphere from any process emission unit 

to exceed 2000 ppm, [35 IAC 214.301]. 

c. No person shall cause or allow the discharge of more than 

3.6 Kg/hour (8 lb/hour) of organic material into the 

atmosphere from any emission source, except if no odor 

nuisance exists the limitation of this subpart shall apply 
4-54 

only to photochemically reactive material, [35 IAC 

215.301]. 

1.4 Non-Applicable Regulations of Concern 

a. The affected reformer burner is not subject to 35 IAC 

217.121, emissions of nitrogen oxides from new fuel 

combustion emission sources, because the actual heat input 

is less than 73.2 MW (250 mmBtu/hr). 

b. The reformer burner is not subject to 35 IAC 216.121, 

emissions of carbon monoxide into the atmosphere from any 

fuel combustion emission source pursuant to the reformer 

burner not meeting the definition of a fuel combustion 

emission unit or fuel combustion emission source as 

defined by Section 211.2470. 

1.5 Operational and Production Limits and Work Practices 

a. Natural gas and vent gas shall be the only fuels fired in 

the affected reformer burner. 

1.6 Emission Limitations 

a. Emissions from the affected reformer burner shall not 

exceed the following limits: 

Pollutant Emissions Tons/Month Emissions Ton/Year 

 

NOx 0.505 5.05 

CO 0.714 7.14 

PM 0.064 0.64 

VOM 0.046 0.46 

SO2 0.005 0.05 

These limits are calculated from standard AP-42 emission 

factors for the combustion of natural gas and for the 

combustion of vent gas except for NOx which is based on a 

manufacturer’s guaranteed rate, and a maximum natural gas 

and vent gas annual throughput rate of 75 mmscf and 382 

mmscf respectively. 

1.7 Testing Requirements 

None 

1.8 Inspection Requirements 

None 
4-55 

1.9 Recordkeeping Requirements 

The Permittee shall maintain records of the following items for 

the affected reformer burner to demonstrate compliance with this 

section, pursuant to Section 39.5(7)(b) of the Act: 

a. Records of monthly and annual aggregate NOx, PM, SO2, CO, 

and VOM emissions from the affected reformer burner shall 

be maintained, based on fuel usage and the applicable 

emission factors, with supporting calculations. 

b. In addition to the above requirements, the Permittee shall 

maintain records of the following items for the reformer 

burner to demonstrate compliance with Section 39.5(7)(b) 

of the Act: 

i. Fuel usage (MMscf/yr), and 

ii. Fuel combustion emissions calculated in accordance 

with the procedures given in Condition 1.12 (ton/yr). 

1.10 Reporting Requirements 

The Permittee shall promptly notify the Illinois EPA, Compliance 

Section of noncompliance with the control and operating 

requirements as follows pursuant to Section 39.5(7)(f)(ii) of the 

Act: 

a. Emissions of VOM from an affected reformer burner in 

excess of the limits specified in Condition 1.3(C) within 

30 days of such an occurrence. 

b. Emissions of SO2 from an affected reformer burner in 

excess of the limits specified in Condition 1.3(b) within 

30 days of such an occurrence. 

c. Emissions of NOx, PM, SO2, CO or VOM from the affected 

reformer burner in excess of the limits specified in 

Condition 1.6 based on the current month’s records plus 

the preceding 11 months within 30 days of such an 

occurrence. 

1.11 Operational Flexibility/Anticipated Operating Scenarios 

None 

1.12 Compliance Procedures 

a. To determine compliance with Condition 1.6 emissions from 

the affected reformer burner shall be based on the 

emission factors listed below: 
4-56 

 Natural Gas 

Emission Factors 

Vent Gas Emission 

Factors 

Pollutant (Lb/mmBtu) (Lb/mmBtu)

 

NOx 0.033 0.08 

PM 0.0076 0.0076 

SO2 0.0006 0.0006 

VOM 0.0055 0.0055 

CO 0.084 0.084 

These are the emission factors for uncontrolled natural 

gas combustion, AP 42, Volume I, Supplement F, March, 

1998; except for the vent gas emission factor for NOx

which is a manufacturer’s guaranteed rate. 

Reformer Burner Emissions (lb) = (Natural Gas Consumed, 

BTU) x (The Appropriate Emission Factor)+ (flu gas 

consumed, BTU) x (The Appropriate Emission Factor) 

Please note this permit has been revised, as per Permittee request, to 

clarify applicable emission factors. 

If you have any questions on this, please call Kevin Smith at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:KLS:psj 

cc: Region 3 
4-57 

217/782-2113 

JOINT CONSTRUCTION AND OPERATING PERMIT 

PERMITTEE

ADM Quincy Processing Division 

Attn: Ken Doellman, Environmental Manager 

1900 Gardner Expressway 

Quincy, Illinois 62306 

Application No.: 99070072 I.D. No.: 001815AAF 

Applicant's Designation: SYSTEM 7 Date Received: July 26, 1999 

Subject: East Plant Meal Cote System 

Date Issued: August 23, 1999 Operating Permit Expiration

Date: August 23, 2004 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to CONSTRUCT and 

OPERATE emission source(s) and/or air pollution control equipment consisting 

of two conveyors (CA-3001) and one meal cote storage tank (TS-3006) as 

described in the above-referenced application. This Permit is subject to 

standard conditions attached hereto and the following special condition(s): 

1. Operation of the emission source(s) included in this permit shall not 

begin until all associated air pollution control equipment has been 

constructed and is operational. 

2. This permit is issued based on no increase in emissions over those 

currently permitted in Permit No. 98060073. 

If you have any questions on this, please call Kevin Smith at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:KLS:psj\8 

cc: Region 2 
4-58 

217/782-2113 

OPERATING PERMIT - REVISED 

PERMITTEE

ADM Quincy 

Attn: Ken Doellman 

1900 Gardner Expressway 

Quincy, Illinois 62306 

Application No.: 76010391 I.D. No.: 001815AAF 

Applicant's Designation: SYS1-6 Date Received: March 12, 1996 

Subject: System 1, 1A, 2, 3, 5 & 6 

Date Issued: June 11, 1996 Expiration Date: July 10, 2000 

Location: 1900 Gardner Expressway, Quincy 

Permit is hereby granted to the above-designated Permittee to OPERATE 

emission source(s) and/or air pollution control equipment consisting of east 

elevator #3 dump, loadout dryer, destoner, scalper, and cleaning, west 

elevator, silo cleaning with cyclones and baghouses as described in the 

above-referenced application. This Permit is subject to standard conditions 

attached hereto and the following special condition(s): 

1. The Permittee shall maintain a housekeeping checklist. This checklist 

shall contain the applicable housekeeping practices described in the 

attached "Minimum Recommendations for Housekeeping Practices for Grain 

Handling Facilities", pursuant to 35 Ill. Adm. Code 212.461(b). 

2. Aspiration System 1A on the East Elevator shall be operated so as to 

achieve, together with enclosure or other control techniques 

a. 99% capture of emissions from the No. 3 Dump Pit 

b. 90% capture of emissions from the truck load spouts 

c. 95% capture of emissions from the crossover belt, and 

d. 100% capture of emissions from the elevator legs, and 

e. An actual particulate matter removal efficiency of not less than 

99.9% by weight prior to release to the atmosphere. 

3. Operation and particulate matter emissions of equipment shall not exceed 

the following: 

 Operating Particulate Matter 

 Operating Rate Hours Emissions 

Item of Equipment (Bushels/Hour) (Hours/Year) (Tons/Year)___

Existing Equipment 3,253 8,760 15.8 

Grain Drying 3,650 6,570 11.7 

Scalper/Destoner 3,253 8,760 0.9

 Total 28.4 
4-59 

 

These limits are based on the information provided in the permit 

application. 

4. Annual grain throughput at the East elevator operation shall not exceed 

28.5 million bushel per year. The annual grain drying shall not exceed 

24 million bushels per year. 

5. The applicant shall keep records for the following: 

a. Amount of grain handled annually. 

b. Amount of grain dried annually. 

These records required by this permit shall be retained for at least 

three years. These records shall be available for inspection upon 

request by the Agency. 

It should be noted that this permit has been revised to include construction 

permit 96030250. 

If you have any questions on this, please call Don Hanko at 217/782-2113. 

Donald E. Sutton, P.E. 

Manager, Permit Section 

Division of Air Pollution Control 

DES:DMH:jar 

cc: Region 2 
5-1 

10.5 Attachment 5 - Example Certification by a Responsible Official 

I certify under penalty of law that this document and all 

attachments were prepared under my direction or supervision in 

accordance with a system designed to assure that qualified 

personnel properly gather and evaluate the information submitted. 

Based on my inquiry of the person or persons directly responsible 

for gathering the information, the information submitted is, to 

the best of my knowledge and belief, true, accurate, and 

complete. I am aware that there are significant penalties for 

submitting false information, including the possibility of fine 

and imprisonment for knowing violations. 

Signature: ______________________________________________ 

Name: ______________________________________________ 

Official Title: ______________________________________________ 

Telephone No.: ______________________________________________ 

Date Signed: ______________________________________________ 
6-1 

10.6 Attachment 6 - Guidance on Revising This Permit 

The Permittee must submit an application to the Illinois EPA 

using the appropriate revision classification in accordance with 

Sections 39.5(13) and (14) of the Act and 35 IAC 270.302. 

Specifically, there are currently three classifications for 

revisions to a CAAPP permit. These are: 

1. Administrative Permit Amendment; 

2. Minor Permit Modification; and 

3. Significant Permit Modification. 

The Permittee must determine, request, and submit the necessary 

information to allow the Illinois EPA to use the appropriate 

procedure to revise the CAAPP permit. A brief explanation of 

each of these classifications follows. 

1. Administrative Permit Amendment

• Corrects typographical errors; 

• Identifies a change in the name, address, or phone 

number of any person identified in the permit, or 

provides a similar minor administrative change at the 

source; 

• Requires more frequent monitoring or reporting by the 

Permittee; 

• Allows for a change in ownership or operational 

control of the source where no other change in the 

permit is necessary, provided that a written 

agreement containing a specific date for transfer of 

permit responsibility, coverage, and liability 

between the current and new Permittees has been 

submitted to the Illinois EPA. This shall be handled 

by completing form 272-CAAPP, REQUEST FOR OWNERSHIP 

CHANGE FOR CAAPP PERMIT; or 

• Incorporates into the CAAPP permit a construction 

permit, provided the conditions of the construction 

permit meet the requirements for the issuance of 

CAAPP permits. 

2. Minor Permit Modification

• Do not violate any applicable requirement; 

• Do not involve significant changes to existing 

monitoring, reporting, or recordkeeping requirements 

in the permit; 
6-2 

• Do not require a case-by-case determination of an 

emission limitation or other standard, or a 

source-specific determination of ambient impacts, or 

a visibility or increment analysis; 

• Do not seek to establish or change a permit term or 

condition for which there is no corresponding 

underlying requirement and which avoids an applicable 

requirement to which the source would otherwise be 

subject. Such terms and conditions include: 

• A federally enforceable emissions cap assumed 

to avoid classification as a modification 

under any provision of Title I of the CAA; and 

• An alternative emissions limit approved 

pursuant to regulations promulgated under 

Section 112(i)(5) of the CAA. 

• Are not modifications under any provision of Title I 

of the CAA; 

• Are not required to be processed as a significant 

permit modification; and 

• Modifications involving the use of economic 

incentives, marketable permits, emissions trading, 

and other similar approaches. 

An application for a minor permit modification shall 

include the following: 

• A description of the change, the emissions resulting 

from the change, and any new applicable requirements 

that will apply if the change occurs; 

• The source’s suggested draft permit/conditions; 

• Certification by a responsible official that the 

proposed modification meets the criteria for use of 

minor permit modification procedures and a request 

that such procedures be used; and 

• Information as contained on form 271-CAAPP, MINOR 

PERMIT MODIFICATION FOR CAAPP PERMIT for the Illinois 

EPA to use to notify USEPA and affected States. 
6-3 

3. Significant Permit Modification

• Applications that do not qualify as either minor 

permit modifications or as administrative permit 

amendments; 

• Applications requesting a significant change in 

existing monitoring permit terms or conditions; 

• Applications requesting a relaxation of reporting or 

recordkeeping requirements; and 

• Cases in which, in the judgment of the Illinois EPA, 

action on an application for modification would 

require decisions to be made on technically complex 

issues. 

An application for a significant permit modification shall 

include the following: 

• A detailed description of the proposed change(s), 

including all physical changes to equipment, changes 

in the method of operation, changes in emissions of 

each pollutant, and any new applicable requirements 

which will apply as a result of the proposed change. 

Note that the Permittee need only submit revised forms 

for equipment and operations that will be modified. 

The Illinois EPA requires the information on the following 

appropriate forms to be submitted in accordance with the proper 

classification: 

• Form 273-CAAPP, REQUEST FOR ADMINISTRATIVE PERMIT 

AMENDMENT FOR CAAPP PERMIT; or 

• Form 271-CAAPP, MINOR PERMIT MODIFICATION FOR CAAPP 

PERMIT; or 

• Form 200-CAAPP, APPLICATION FOR CAAPP PERMIT (for 

significant modification). 

Application forms can be obtained from the Illinois EPA website 

at http://www.epa.state.il.us/air/forms. 

Note that the request to revise the permit must be certified for 

truth, accuracy, and completeness by a responsible official. 

Note that failure to submit the required information may require 

the Illinois EPA to deny the application. The Illinois EPA 

reserves the right to require that additional information be 

submitted as needed to evaluate or take final action on 

applications pursuant to Section 39.5(5)(g) of the Act and 35 IAC 

270.305. 
10.7 Attachment 7 Form 199-CAAPP, Application For Construction 

Permit (For CAAPP Sources Only) 

Illinois Environmental Protection Agency 

Division Of Air Pollution Control -- Permit Section 

P.O. Box 19506 

Springfield, Illinois 62794-9506 

This Agency is authorized to require and you must disclose this information under 415 ILCS 5/39. Failure to do so could result in the application 

being denied and penalties under 415 ILCS 5 et seq. It is not necessary to use this form in providing this information. This form has been 

approved by the forms management center.

 Printed on Recycled Paper 

199-CAAPP 

Page 1 of 2

7-1 

For Illinois EPA use only 

I.D. number: 

Permit number: 

Application For Construction 

Permit (For CAAPP Sources Only)

Date received: 

This form is to be used by CAAPP sources to supply information necessary to obtain a construction permit. Please attach other 

necessary information and completed CAAPP forms regarding this construction/modification project. 

Source Information 

1. Source name: 

2. Source street address: 

3. City: 4. Zip code: 

5. Is the source located within city limits? Yes No 

6. Township name: 7. County: 8. I.D. number: 

Owner Information 

9. Name: 

10. Address: 

11. City: 12. State: 13. Zip code: 

Operator Information (if different from owner) 

14. Name 

15. Address: 

16. City: 17. State: 18. Zip code: 

Applicant Information 

19. Who is the applicant? 20. All correspondence to: (check one) 

 Owner Operator Owner Operator Source 

21. Attention name and/or title for written correspondence: 

22. Technical contact person for application: 23. Contact person’s telephone number: 
 Printed on Recycled Paper 

199-CAAPP 

Page 1 of 2

7-2 

Summary Of Application Contents 

24. Does the application address whether the proposed project would 

constitute a new major source or major modification under each of the 

following programs: 

a) Non-attainment New Source Review – 35 IAC Part 203; 

b) Prevention of Significant Deterioration (PSD) – 40 CFR 52.21; 

c) Hazardous Air Pollutants: Regulations Governing Constructed or 

Reconstructed Major Sources – 40 CFR Part 63? 

 Yes No 

25. Does the application identify and address all applicable emissions 

standards, including those found in the following: 

a) Board Emission Standards – 35 IAC Chapter I, Subtitle B; 

b) Federal New Source Performance Standards – 40 CFR Part 60; 

c) Federal Standards for Hazardous Air Pollutants – 40 CFR Parts 61 

and 63? 

 Yes No 

26. Does the application include a process flow diagram(s) showing all 

emission units and control equipment, and their relationship, for which a 

permit is being sought? 

 Yes No 

27. Does the application include a complete process description for the 

emission units and control equipment for which a permit is being sought? 

 Yes No 

28. Does the application include the information as contained in completed 

CAAPP forms for all appropriate emission units and air pollution control 

equipment, listing all applicable requirements and proposed exemptions 

from otherwise applicable requirements, and identifying and describing 

any outstanding legal actions by either the USEPA or the Illinois EPA? 

Note: The use of "APC" application forms is not appropriate for 

applications for CAAPP sources. CAAPP forms should be used to 

supply information. 

 Yes No 

29. If the application contains TRADE SECRET information, has such 

information been properly marked and claimed, and have two separate 

copies of the application suitable for public inspection and notice been 

submitted, in accordance with applicable rules and regulations? 

 Yes No 

 Not Applicable, 

No TRADE 

SECRET 

information in 

this application 

Note 1: Answering “No” to any of the above may result in the application being deemed incomplete. 

Signature Block 

 This certification must be signed by a responsible official. Applications without a signed 

certification will be returned as incomplete. 

30. I certify under penalty of law that, based on information and belief formed after reasonable 

inquiry, the statements and information contained in this application are true, accurate and 

complete.

Authorized Signature: 

 BY: 

_________________________________________________ _________________________________________________ 

 AUTHORIZED SIGNATURE TITLE OF SIGNATORY 

 

_________________________________________________ _______________ / _______________ / _______________ 

 TYPED OR PRINTED NAME OF SIGNATORY DATE 

Note 2: An operating permit for the construction/modification permitted in a construction permit must be 

obtained by applying for the appropriate revision to the source’s CAAPP permit, if necessary.
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199-CAAPP 

Page 2 of 2

7-2 

10.8 Attachment 8 - Guidance on Renewing This Permit 

Timeliness - Pursuant to Section 39.5(5)(n) of the Act and 35 

IAC 270.301(d), a source must submit to the Illinois EPA a 

complete CAAPP application for the renewal of a CAAPP permit 

not later than 9 months before the date of permit expiration 

of the existing CAAPP permit in order for the submittal to be 

deemed timely. Note that the Illinois EPA typically sends out 

renewal notices approximately 18 months prior to the 

expiration of the CAAPP permit. 

The CAAPP application must provide all of the following 

information in order for the renewal CAAPP application to be 

deemed complete by the Illinois EPA: 

1. A completed form 200-CAAPP, APPLICATION FOR CAAPP 

PERMIT. 

2. A completed compliance certification for the source. 

For this purpose, the Illinois EPA will accept a copy 

of the most recent form 401-CAAPP, ANNUAL COMPLIANCE 

CERTIFICATION submitted to the Illinois EPA. 

3. If this is the first time this permit is being renewed 

and this source has not yet addressed CAM, the 

application should contain the information on form 464-

CAAPP, COMPLIANCE ASSURANCE MONITORING (CAM) PLAN. 

4. Information addressing any outstanding transfer 

agreement pursuant to the ERMS. 

5. a. If operations of an emission unit or group of 

emission units remain unchanged and are 

accurately depicted in previous submittals, the 

application may contain a letter signed by a 

responsible official that requests incorporation 

by reference of existing information previously 

submitted and on file with the Illinois EPA. The 

boxes should be marked yes on form 200-CAAPP, 

APPLICATION FOR CAAPP PERMIT, as existing 

information is being incorporated by reference. 

b. If portions of current operations are not as 

described in previous submittals, then in 

addition to the information above for operations 

that remain unchanged, the application must 

contain the necessary information on all changes, 

e.g., discussion of changes, new or revised CAAPP 

forms, and a revised fee form 292-CAAPP, FEE 

DETERMINATION FOR CAAPP PERMIT, if necessary. 
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199-CAAPP 

Page 3 of 2

7-2 

The Illinois EPA will review all applications for completeness 

and timeliness. If the renewal application is deemed both 

timely and complete, the source shall continue to operate in 

accordance with the terms and conditions of its CAAPP permit 

until final action is taken on the renewal application. 

Notwithstanding the completeness determination, the Illinois 

EPA may request additional information necessary to evaluate 

or take final action on the CAAPP renewal application. If 

such additional information affects your allowable emission 

limits, a revised form 292-CAAPP, FEE DETERMINATION FOR CAAPP 

PERMIT must be submitted with the requested information. The 

failure to submit to the Illinois EPA the requested 

information within the time frame specified by the Illinois 

EPA, may force the Illinois EPA to deny your CAAPP renewal 

application pursuant to Section 39.5 of the Act. 

Application forms may be obtained from the Illinois EPA 

website at http://www.epa.state.il.us/air/forms.html. 

If you have any questions regarding this matter, please 

contact a permit analyst at 217/782-2113. 

Mail renewal applications to: 

Illinois Environmental Protection Agency 

Division of Air Pollution Control 

Permit Section (MC 11) 

P.O. Box 19506 

Springfield, Illinois 62794-9506 

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