9/24/15

Redline Comparison of 40 CFR Part 63, Subpart JJJJJ, Proposal and Final Regulatory Text

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE CATEGORIES

Subpart JJJJJ--National Emission Standards for Hazardous Air 

Pollutants for Brick and Structural Clay Products Manufacturing

Sec.

What This Subpart Covers

63.8380 What is the purpose of this subpart?

63.8385 Am I subject to this subpart?

63.8390 What parts of my plant does this subpart cover?

63.8395 When do I have to comply with this subpart?

Emission Limitations and Work Practice Standards

63.8405 What emission limitations and work practice standards 

must I meet?

63.8410 What are my options for meeting the emission 

limitations and work practice standards?

General Compliance Requirements

63.8420 What are my general requirements for complying with 

this subpart?

63.8425 What do I need to know about operation, maintenance, 

and monitoring plans?

Testing and Initial Compliance Requirements

63.8435 By what date must I conduct performance tests?

63.8440 When must I conduct subsequent performance tests?

63.8445 How do I conduct performance tests and establish 

operating limits?

63.8450 What are my monitoring installation, operation, and 

maintenance requirements?

63.8455 How do I demonstrate initial compliance with the 

emission limitations and work practice standards?

Continuous Compliance Requirements

63.8465 How do I monitor and collect data to demonstrate 

continuous compliance?
Page 2 of 90

63.8470 How do I demonstrate continuous compliance with the 

emission limitations and work practice standards?

Notifications, Reports, and Records

63.8480 What notifications must I submit and when?

63.8485 What reports must I submit and when?

63.8490 What records must I keep?

63.8495 In what form and for how long must I keep my records?

Other Requirements and Information

63.8505 What parts of the General Provisions apply to me?

63.8510 Who implements and enforces this subpart?

63.8515 What definitions apply to this subpart?

Tables to Subpart JJJJJ of Part 63

Table 1 to Subpart JJJJJ of Part 63--Emission Limits

Table 2 to Subpart JJJJJ of Part 63--Operating Limits

Table 3 to Subpart JJJJJ of Part 63--Work Practice Standards

Table 4 to Subpart JJJJJ of Part 63--Requirements for 

Performance Tests

Table 5 to Subpart JJJJJ of Part 63--Initial Compliance with 

Emission Limitations and Work Practice Standards

Table 6 to Subpart JJJJJ of Part 63--Continuous Compliance with 

Emission Limitations and Work Practice Standards

Table 7 to Subpart JJJJJ of Part 63--Requirements for 

ReportsCompliance Dates

Table 8Table 8 to Subpart JJJJJ of Part 63--Requirements for 

Notifications

Table 9 to Subpart JJJJJ of Part 63--Requirements for Reports

Table 10 to Subpart JJJJJ of Part 63--Applicability of General 

Provisions to Subpart JJJJJ

What This Subpart Covers

§63.8380 What is the purpose of this subpart?

This subpart establishes national emission limitations for 

hazardous air pollutants (HAP) emitted from brick and structural 

clay products (BSCP) manufacturing facilities. This subpart also 

establishes requirements to demonstrate initial and continuous 

compliance with the emission limitations.
Page 3 of 90

§63.8385 Am I subject to this subpart?

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

BSCP manufacturing facility that is, is located at, or is part 

of, a major source of HAP emissions according to the criteria in 

paragraphs (a) and (b) of this section.

(a) A BSCP manufacturing facility is a plant site that 

manufactures brick (including, but not limited to, face brick, 

structural brick, and brick pavers); clay pipe; roof tile; 

extruded floor and wall tile; and/or other extruded, dimensional 

clay products. Brick and structural clay products manufacturing 

facilities typically process raw clay and shale, form the 

processed materials into bricks or shapes, and dry and fire the 

bricks or shapes. A plant site that manufactures refractory 

products, as defined in 40 CFR 63.9824, or clay ceramics, as 

defined in 40 CFR 63.8665, is not a BSCP manufacturing facility.

(b) A major source of HAP emissions is any stationary 

source or group of stationary sources within a contiguous area 

under common control that emits or has the potential to emit any 

single HAP at a rate of 9.07 megagrams (10 tons) or more per 

year or any combination of HAP at a rate of 22.68 megagrams (25 

tons) or more per year.

§63.8390 What parts of my plant does this subpart cover?

(a) This subpart applies to each existing, new, or 

reconstructed affected source at a BSCP manufacturing facility.
Page 4 of 90

(b) For the purposes of this subpart, the affected sources 

are described in paragraph (b)(1) and (2).

(1) All tunnel kilns at a BSCP manufacturing facility are 

an affected source. For the remainder of this subpart, a tunnel 

kiln with a design capacity equal to or greater than 

9.07 megagrams per hour (Mg/hr) (10 tons per hour (tph)) of 

fired product will be called a large tunnel kiln, and a tunnel 

kiln with a design capacity less than 9.07 Mg/hr (10 tph) of 

fired product will be called a small tunnel kiln.

(2) Each periodic kiln is an affected source.

(c) Process units not subject to the requirements of this 

subpart are listed in paragraphs (c)(1) through (34) of this 

section.

(1) Kilns that are used exclusively for setting glazes on 

previously fired products are not subject to the requirements of 

this subpart.

(2) Raw material processing and handling.

(3) Dryers.

(4) Sources covered by subparts KKKKK and SSSSS of this 

part.

(d) A source is a new affected source if construction of 

the affected source began after [insert date of publication in 

the Federal Register],December 18, 2014, and you met the 

applicability criteria at the time you began construction.
Page 5 of 90

(e) An affected source is reconstructed if you meet the 

criteria as defined in §63.2.

(f) An affected source is existing if it is not new or

reconstructed.

§63.8395 When do I have to comply with this subpart?

(a) If you have a new or reconstructed affected source, 

youYou must comply with this subpart according to paragraphs 

(a)(1) and (2) of this section.

(1) If no later than the initial startup of your affected 

source is after [insert date of publicationcompliance dates in 

the Federal Register] but before [THE DATE 60 DAYS AFTER THE 

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

then you must comply with the applicable emission limitations 

and work practice standards in Tables 1, 2, and 3Table 7 to this 

subpart no later than [THE DATE 60 DAYS AFTER THE DATE OF 

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

(2) If the initial startup of your affected source is after 

[THE DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF THE FINAL 

RULE IN THE FEDERAL REGISTER], then you must comply with the 

applicable emission limitations and work practice standards in 

Tables 1, 2, and 3 to this subpart upon initial startup of your 

affected source.

(b) If you have an existing affected source, you must 

comply with the applicable emission limitations and work 
Page 6 of 90

practice standards in Tables 1, 2, and 3 to this subpart no 

later than [THE DATE 3 YEARS AND 60 DAYS AFTER THE DATE OF 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

(c) If you have an existing area source that increases its 

emissions or its potential to emit such that it becomes a major 

source of HAP by adding a new affected source or by 

reconstructing, you must be in compliance with this subpart upon 

initial startup of your affected source as a major source.

(d) If you have a new area source (i.e., an area source for 

which construction or reconstruction commenced after [insert 

date of publication in the Federal Register]) that increases its 

emissions or its potential to emit such that it becomes a major 

source of HAP, you must be in compliance with this subpart upon 

initial startup of your affected source as a major source.

(e(b) You must meet the notification requirements in 

§63.8480 according to the schedule in §63.8480 and in subpart A 

of this part. Some of the notifications must be submitted before 

you are required to comply with the emission limitations in this 

subpart.

Emission Limitations and Work Practice Standards

§63.8405 What emission limitations and work practice standards 

must I meet?

(a) You must meet each emission limit in Table 1 to this 

subpart that applies to you.
Page 7 of 90

(b) You must meet each operating limit in Table 2 to this 

subpart that applies to you.

(c) You must meet each work practice standard in Table 3 to 

this subpart that applies to you.

§63.8410 What are my options for meeting the emission 

limitations and work practice standards?

(a) To meet the emission limitations in Tables 1 and 2 to 

this subpart, you must use one or more of the options listed in 

paragraphs (a)(1) and (2) of this section.

(1) Emissions control system. Use an emissions capture and 

collection system and an air pollution control device (APCD) and 

demonstrate that the resulting emissions meet the emission 

limits in Table 1 to this subpart, and that the capture and 

collection system and APCD meet the applicable operating limits 

in Table 2 to this subpart.

(2) Process changes. Use low-HAP raw materials or implement 

manufacturing process changes and demonstrate that the resulting 

emissions or emissions reductions meet the emission limits in 

Table 1 to this subpart.

(b) To meet the work practice standards for affected 

periodic kilns, you must comply with the requirements listed in 

Table 3 to this subpart.
Page 8 of 90

(c) To meet the work practice standards for dioxins/furans 

for affected tunnel kilns, you must comply with the requirements 

listed in Table 3 to this subpart.

(d) To meet the work practice standards for affected tunnel 

kilns during periods of startup and shutdown, you must comply 

with the requirements listed in Table 3 to this subpart.

General Compliance Requirements

§63.8420 What are my general requirements for complying with 

this subpart?

(a) You must be in compliance with the emission limitations 

(including operating limits) in this subpart at all times, 

except during periods ofthat you are approved for and in 

compliance with the alternative standard for routine control 

device maintenance as specified in paragraph (d) of this 

section, and except during periods of start-up and shutdown, at 

which time you must comply with the applicable work practice 

standard specified in Table 3 to this subpart.

(b) Except as specified in paragraph (d) of this section(b) 

At all times, you must operate and maintain any affected source, 

including associated air pollution control equipment and 

monitoring equipment, in a manner consistent with safety and 

good air pollution control practices for minimizing emissions. 

The general duty to minimize emissions does not require you to 

make any further efforts to reduce emissions if levels required 
Page 9 of 90

by the applicable standard have been achieved. Determination of 

whether a source is operating in compliance with operation and

maintenance requirements will be based on information available 

to the Administrator which may include, but is not limited to, 

monitoring results, review of operation and maintenance 

procedures, review of operation and maintenance records, and 

inspection of the source. During the period between the 

compliance date specified for your affected source in §63.8395 

and the date upon which continuous monitoring systems (CMS) 

(e.g., continuous parameter monitoring systems) have been 

installed and verified and any applicable operating limits have 

been set, you must maintain a log detailing the operation and 

maintenance of the process and emissions control equipment.

(c) For each affected kiln that is subject to the emission 

limits specified in Table 1 to this subpart, you must prepare 

and implement a written operation, maintenance, and monitoring 

(OM&M) plan according to the requirements in §63.8425.

(d) If you own or operate an affected kiln that is subject 

to the emission limits specified in Table 1 to this subpart and 

must perform routine maintenance on the control device for that 

kiln, you may bypass the kiln control device and continue 

operating the kiln subject to the alternative standard 

established in this paragraph upon approval by the Administrator
Page 10 of 90

and provided you satisfy the conditions listed in paragraphs 

(d)(1) through (5) of this section.

(1) You must request ato use the routine control device 

maintenance exemptionalternative standard from the Administrator

no later than 120 calendar days before the compliance date 

specified in §63.8395. Your request must justify the need for 

the routine maintenance on the control device and the time 

required to accomplish the maintenance activities, describe the 

maintenance activities and the frequency of the maintenance 

activities, explain why the maintenance cannot be accomplished 

during kiln shutdowns, describe how you plan to minimize 

emissions to the greatest extent possibleprovide information 

stating whether the continued operation of the affected source 

will result in fewer emissions than shutting the source 

down while the maintenance is performed, describe how you plan 

to comply with paragraph (b) of this section during the 

maintenance, and provide any other documentation required by the 

Administrator.

(2) The routine control device maintenance exemption must 

not exceed 4 percent of the annual operating uptime for each 

kiln.

(3) The request for the routine control device maintenance 

exemptionalternative standard, if approved by the Administrator, 
Page 11 of 90

must be incorporated by reference in and attached to the 

affected source’s title V permit.

(4) You must minimize HAP emissions during the period when 

the kiln is operating and the control device is offline by 

complying with the applicable standard in Table 3 to this 

subpart.

(5) You must minimize the time period during which the kiln 

is operating and the control device is offline.

(e) You must be in compliance with the work practice 

standards in this subpart at all times.

(f) You must be in compliance with the provisions of 

subpart A of this part, except as noted in Table 810 to this 

subpart.

§63.8425 What do I need to know about operation, maintenance, 

and monitoring plans?

(a) For each affected kiln that is subject to the emission 

limits specified in Table 1 to this subpart, you must prepare, 

implement, and revise as necessary an OM&M plan that includes 

the information in paragraph (b) of this section. Your OM&M plan 

must be available for inspection by the permittingdelegated

authority upon request.

(b) Your OM&M plan must include, as a minimum, the 

information in paragraphs (b)(1) through (13) of this section.
Page 12 of 90

(1) Each process and APCD to be monitored, the type of 

monitoring device that will be used, and the operating 

parameters that will be monitored.

(2) A monitoring schedule that specifies the frequency that 

the parameter values will be determined and recorded.

(3) The limits for each parameter that represent continuous 

compliance with the emission limitations in §63.8405. The limits 

must be based on values of the monitored parameters recorded 

during performance tests.

(4) Procedures for the proper operation and routine and 

long-term maintenance of each APCD, including a maintenance and 

inspection schedule that is consistent with the manufacturer’s 

recommendations.

(5) Procedures for installing the CMS sampling probe or 

other interface at a measurement location relative to each 

affected process unit such that the measurement is 

representative of control of the exhaust emissions (e.g., on or 

downstream of the last APCD).

(6) Performance and equipment specifications for the sample 

interface, the pollutant concentration or parametric signal 

analyzer, and the data collection and reduction system.

(7) Continuous monitoring system performance evaluation 

procedures and acceptance criteria (e.g., calibrations).
Page 13 of 90

(8) Procedures for the proper operation and maintenance of 

monitoring equipment consistent with the requirements in 

§§63.8450 and 63.8(c)(1), (3), (7), and (8).

(9) Continuous monitoring system data quality assurance 

procedures consistent with the requirements in §63.8(d)(1) and 

(2). 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 in §63.8(d)(2) 

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. The program of corrective action should be included in 

the plan required under §63.8(d)(2).

(10) Continuous monitoring system recordkeeping and 

reporting procedures consistent with the requirements in 

§§63.8485 and 63.8490.

(11) Procedures for responding to operating parameter 

deviations, including the procedures in paragraphs (b)(11)(i) 

through (iii) of this section.

(i) Procedures for determining the cause of the operating 

parameter deviation.
Page 14 of 90

(ii) Actions necessary for correcting the deviation and 

returning the operating parameters to the allowable limits.

(iii) Procedures for recording the times that the deviation 

began and ended and corrective actions were initiated and 

completed.

(12) Procedures for keeping records to document compliance.

(13) If you operate an affected kiln and you plan to take 

the kiln control device out of service for routine maintenance, 

as specified in §63.8420(d), the procedures specified in 

paragraphs (b)(13)(i) and (ii) of this section.

(i) Procedures for minimizing HAP emissions from the kiln 

during periods of routine maintenance of the kiln control device 

when the kiln is operating and the control device is offline.

(ii) Procedures for minimizing the duration of any period 

of routine maintenance on the kiln control device when the kiln 

is operating and the control device is offline.

(c) Changes to the operating limits in your OM&M plan 

require a new performance test. If you are revising an operating 

limit parameter value, you must meet the requirements in 

paragraphs (c)(1) and (2) of this section.

(1) Submit a notification of performance test to the 

Administrator as specified in §63.7(b).

(2) After completing the performance tests to demonstrate 

that compliance with the emission limits can be achieved at the 
Page 15 of 90

revised operating limit parameter value, you must submit the 

performance test results and the revised operating limits as 

part of the Notification of Compliance Status required under 

§63.9(h).

(d) If you are revising the inspection and maintenance 

procedures in your OM&M plan, you do not need to conduct a new 

performance test.

Testing and Initial Compliance Requirements

§63.8435 By what date must I conduct performance tests?

For each affected kiln that is subject to the emission 

limits specified in Table 1 to this subpart, you must conduct 

performance tests within 180 calendar days after the compliance 

date that is specified for your source in §63.8395 and according 

to the provisions in §63.7(a)(2).

§63.8440 When must I conduct subsequent performance tests?

(a) For each affected kiln that is subject to the emission 

limits specified in Table 1 to this subpart, you must conduct a 

performance test before renewing your 40 CFR part 70 operating 

permit or at least every 5 years following the initial 

performance test.

(b) You must conduct a performance test when you want to 

change the parameter value for any operating limit specified in 

your OM&M plan.
Page 16 of 90

§63.8445 How do I conduct performance tests and establish 

operating limits?

(a) You must conduct each performance test in Table 4 to 

this subpart that applies to you.

(b) Before conducting the performance test, you must 

install and calibrate all monitoring equipment.

(c) Each performance test must be conducted according to 

the requirements in §63.7 and under the specific conditions in 

Table 4 to this subpart.

(d) Performance tests shall be conducted under such 

conditions as the Administrator specifies to the owner or 

operatoryou based on representative performance of the affected 

source for the period being tested. Representative conditions 

exclude periods of startup and shutdown. The owner or 

operatorYou may not conduct performance tests during periods of 

malfunction. The owner or operatorYou must record the process 

information that is necessary to document operating conditions 

during the test and include in such record an explanation to 

support that such conditions represent normal operation. Upon 

request, the owner or operatoryou shall make available to the 

Administrator such records as may be necessary to determine the 

conditions of performance tests.
Page 17 of 90

(e) You must conduct at least three separate test runs for 

each performance test required in this section, as specified in 

§63.7(e)(3). Each test run must last at least 1 hour.

(f) You must use the data gathered during the performance 

test and the equations in paragraphs (f)(1) and (2) of this 

section to determine compliance with the emission limitations.

(1) To determine compliance with the production-based 

particulate matter (PM) and mercury (Hg) emission limits in 

Table 1 to this subpart, you must calculate your mass emissions 

per unit of production for each test run using Equation 1:

P

ER MP = PER MP = (Eq. 1)

Where:

MP = mass per unit of production, kilograms (pounds) of 

pollutant per megagram (ton) of fired product

ER = mass emission rate of pollutant (PM or Hg) during each 

performance test run, kilograms (pounds) per hour

P = production rate during each performance test run, 

megagrams (tons) of fired product per hour.

(2) To determine compliance with the health-based standard 

for acid gas HAP for BSCP manufacturing facilities in Table 1 to 

this subpart, you must:

(i) Calculate the HCl-equivalent emissions for HF, HCl, and 

Cl2 for each tunnel kiln at your facility using Equation 2:
Page 18 of 90

































 +



 



















 = +

2

2

Cl

HCl

Cl

HF

HCl

i HCl HF RfC

RfC E

RfC

RfC E E E

































 +



 



















 = +

2

2

Cl

HCl

Cl

HF

HCl

i HCl HF RfC

RfC E

RfC

RfC E E E

(Eq. 2)

Where:

Ei = HCl-equivalent emissions for kiln i, kilograms (pounds) 

per hour

EHCl = emissions of HCl, kilograms (pounds) per hour

EHF = emissions of HF, kilograms (pounds) per hour

ECl2 = emissions of Cl2, kilograms (pounds) per hour

RfCHCl = reference concentration for HCl, 20 micrograms per 

cubic meter

RfCHF = reference concentration for HF, 14 micrograms per cubic 

meter

RfCCl2 = reference concentration for chlorineCl2, 0.15 

micrograms per cubic meter

(ii) If you have multiple tunnel kilns at your facility, 

sum the HCl-equivalent values for all tunnel kilns at the 

facility using Equation 3:

∑=

=

n

i

Etotal Ei

1

∑=

=

n

i

Etotal Ei

1

(Eq. 3)

Where:

Etotal = HCl-equivalent emissions for total of all kilns at 

facility, kilograms (pounds) per hour

Ei = HCl-equivalent emissions for kiln i, kilograms (pounds) 

per hour

n = number of tunnel kilns at facility
Page 19 of 90

(iii) Compare this value to the health-based standard in 

Table 1 to this subpart.

(g) You must establish each site-specific operating limit 

in Table 2 to this subpart that applies to you as specified in 

paragraph (g)(1) of this section and in Table 4 to this subpart.

(1)(i) If you do not have an APCD installed on your kiln,

calculate the maximum potential HCl-equivalent emissions for HF, 

HCl, and Cl2 for each tunnel kiln at your facility using Equation 

4:

( ) ( ) ( ) ( ) 































+













 = +

2

max 2

Cl

HCl

iCl

HF

HCl

i i iHCl iHF RfC

RfC MP

RfC

RfC E Cap MP MP

( ) ( ) ( ) ( ) 































+













 = +

2

max 2

Cl

HCl

iCl

HF

HCl

i i iHCl iHF RfC

RfC MP

RfC

RfC E Cap MP MP (Eq. 4)

Where:

Emax i = maximum potential HCl-equivalent emissions for kiln i, 

kilograms (pounds) per hour

Capi = design capacity for kiln i, megagrams (tons) of fired 

product per hour

MPiHCl = mass of HCl per unit of production for kiln i, 

kilograms (pounds) of HCl per megagram (ton) of fired 

product

MPiHF = mass of HF per unit of production for kiln i, kilograms 

(pounds) of HF per megagram (ton) of fired product

MPiCl2 = mass of Cl2 per unit of production for kiln i, 

kilograms (pounds) of Cl2 per megagram (ton) of fired 

product

RfCHCl = reference concentration for HCl, 20 micrograms per 

cubic meter
Page 20 of 90

RfCHF = reference concentration for HF, 14 micrograms per cubic 

meter

RfCCl2 = reference concentration for Cl2, 0.15 micrograms per 

cubic meter

(ii) If you have multiple tunnel kilns at your facility, 

sum the maximum potential HCl-equivalent values for all tunnel 

kilns at the facility using Equation 5:

∑=

=

n

i

E total E i

1

max max ∑=

=

n

i

E total E i

1

max max (Eq. 5)

Where:

Emax total = maximum potential HCl-equivalent emissions for total of 

all kilns at facility, kilograms (pounds) per hour

Emax i = maximum potential HCl-equivalent emissions for kiln i, 

kilograms (pounds) per hour

n = number of tunnel kilns at facility

(iii) If you have a single tunnel kiln at your facility and

the total facility maximum potential HCl-equivalent emissions 

(Emax total) are greater than the HCl-equivalent limit in Table 1 

to this subpart, determine the maximum process rate for the 

tunnel kiln using Equation 6 that would ensure the total 

facility maximum potential HCl-equivalent emissions remain at or 

below the HCl-equivalent limit. The maximum process rate would 

become your operating limit for process rate and must be 

included in your OM&M plan.
Page 21 of 90

( ) ( ) ( ) 































+















+

=

2

2

max

Cl

HCl

iCl

HF

HCl

iHCl iHF

i

RfC

RfC MP

RfC

RfC MP MP

HCl - eq P

( ) ( ) ( ) 































+















+

=

2

2

max

Cl

HCl

iCl

HF

HCl

iHCl iHF

i

RfC

RfC MP

RfC

RfC MP MP

HCl - eq P (Eq. 6)

Where:

Pmax i = maximum process rate for kiln i, megagrams (tons) per 

hour

HCl-eq = HCl-equivalent limit in Table 1 to this subpart, 26 

kilograms (57 pounds) per hour

MPiHCl = mass of HCl per unit of production for kiln i, 

kilograms (pounds) of HCl per megagram (ton) of fired 

product

MPiHF = mass of HF per unit of production for kiln i, kilograms 

(pounds) of HF per megagram (ton) of fired product

MPiCl2 = mass of Cl2 per unit of production for kiln i, 

kilograms (pounds) of Cl2 per megagram (ton) of fired 

product

RfCHCl = reference concentration for HCl, 20 micrograms per 

cubic meter

RfCHF = reference concentration for HF, 14 micrograms per cubic 

meter

RfCCl2 = reference concentration for Cl2, 0.15 micrograms per 

cubic meter

(iv) If you have multiple tunnel kilns at your facility and 

the total facility maximum potential HCl-equivalent emissions 

(Emax total) are greater than the HCl-equivalent limit in Table 1 

to this subpart, determine the combination of maximum process 

rates that would ensure that total facility maximum potential 
Page 22 of 90

HCl-equivalent remains at or below the HCl-equivalent limit. The 

maximum process rates would become your operating limits for 

process rate and must be included in your OM&M plan.

(h) For each affected kiln that is subject to the emission 

limits specified in Table 1 to this subpart and is equipped with 

an APCD that is not addressed in Table 2 to this subpart or that 

is using process changes as a means of meeting the emission 

limits in Table 1 to this subpart, you must meet the 

requirements in §63.8(f) and paragraphs (h)(1) and (2) of this 

section.

(1) Submit a request for approval of alternative monitoring 

procedures to the Administrator no later than the notification 

of intent to conduct a performance test. The request must 

contain the information specified in paragraphs (h)(1)(i) 

through (iv) of this section.

(i) A description of the alternative APCD or process 

changes.

(ii) The type of monitoring device or procedure that will 

be used.

(iii) The operating parameters that will be monitored.

(iv) The frequency that the operating parameter values will 

be determined and recorded to establish continuous compliance 

with the operating limits.
Page 23 of 90

(2) Establish site-specific operating limits during the 

performance test based on the information included in the 

approved alternative monitoring procedures request and, as 

applicable, as specified in Table 4 to this subpart.

§63.8450 What are my monitoring installation, operation, and 

maintenance requirements?

(a) You must install, operate, and maintain each CMS 

according to your OM&M plan and the requirements in paragraphs 

(a)(1) through (5) of this section.

(1) Conduct a performance evaluation of each CMS according 

to your OM&M plan.

(2) The CMS must complete a minimum of one cycle of 

operation for each successive 15-minute period. To have a valid 

hour of data, you must have at least three of four equally 

spaced data values (or at least 75 percent if you collect more 

than four data values per hour) for that hour (not including 

startup, shutdown, malfunction, out-of-control periods, or 

periods of routine control device maintenance covered by athe

routine control device maintenance exemptionalternative standard

as specified in §63.8420(d)).

(3) Determine and record the 3-hour block averages of all 

recorded readings, calculated after every 3 hours of operation 

as the average of the previous 3 operating hours. To calculate 

the average for each 3-hour average period, you must have at 
Page 24 of 90

least 75 percent of the recorded readings for that period (not 

including startup, shutdown, malfunction, out-of-control 

periods, or periods of routine control device maintenance 

covered by athe routine control device maintenance 

exemptionalternative standard as specified in §63.8420(d)).

(4) Record the results of each inspection, calibration, and 

validation check.

(5) At all times, maintain the monitoring equipment 

including, but not limited to, maintaining necessary parts for 

routine repairs of the monitoring equipment.

(b) For each liquid flow measurement device, you must meet 

the requirements in paragraphs (a)(1) through (5) and paragraphs 

(b)(1) through (3) of this section.

(1) Locate the flow sensor in a position that provides a 

representative flowrate.

(2) Use a flow sensor with a minimum measurement 

sensitivity of 2 percent of the liquid flowrate.

(3) At least semiannually, conduct a flow sensor 

calibration check.

(c) For each pressure measurement device, you must meet the 

requirements in paragraphs (a)(1) through (5) and paragraphs 

(c)(1) through (7) of this section.
Page 25 of 90

(1) Locate the pressure sensor(s) in or as close to a 

position that provides a representative measurement of the 

pressure.

(2) Minimize or eliminate pulsating pressure, vibration, 

and internal and external corrosion.

(3) Use a gauge with a minimum measurement sensitivity of 

0.5 inch of water or a transducer with a minimum measurement 

sensitivity of 1 percent of the pressure range.

(4) Check the pressure tap daily to ensure that it is not 

plugged.

(5) Using a manometer, check gauge calibration quarterly 

and transducer calibration monthly.

(6) Any time the sensor exceeds the manufacturer’s 

specified maximum operating pressure range, conduct calibration 

checks or install a new pressure sensor.

(7) At least monthly, inspect all components for integrity, 

all electrical connections for continuity, and all mechanical 

connections for leakage.

(d) For each pH measurement device, you must meet the 

requirements in paragraphs (a)(1) through (5) and paragraphs 

(d)(1) through (4) of this section.

(1) Locate the pH sensor in a position that provides a 

representative measurement of pH.
Page 26 of 90

(2) Ensure the sample is properly mixed and representative 

of the fluid to be measured.

(3) Check the pH meter’s calibration on at least two points 

every 8 hours of process operationat one point daily.

(4) At least monthly, inspect all components for integrity 

and all electrical connections for continuity.

(e) For each bag leak detection system, you must meet the 

requirements in paragraphs (e)(1) through (11) of this section.

(1) Each triboelectric bag leak detection system must be 

installed, calibrated, operated, and maintained according to the 

EPA-454/R-98-015, “Fabric Filter Bag Leak Detection Guidance,”

(EPA-454/R-98-015, September 1997) (incorporated by reference, 

see §63.14). Other types of bag leak detection systems must be 

installed, operated, calibrated, and maintained in a manner 

consistent with the manufacturer’s written specifications and 

recommendations.

(2) The bag leak detection system must be certified by the 

manufacturer to be capable of detecting PM emissions at 

concentrations of 10 milligrams per actual cubic meter 

(0.0044 grains per actual cubic foot) or less.

(3) The bag leak detection system sensor must provide an 

output of relative PM loadings.

(4) The bag leak detection system must be equipped with a 

device to continuously record the output signal from the sensor.
Page 27 of 90

(5) The bag leak detection system must be equipped with an 

audible alarm system that will sound automatically when an 

increase in relative PM emissions over a preset level is 

detected. The alarm must be located where it is easily heard by 

plant operating personnel.

(6) For positive pressure fabric filter systems, a bag leak 

detector must be installed in each baghouse compartment or cell.

(7) For negative pressure or induced air fabric filters, 

the bag leak detector must be installed downstream of the fabric 

filter.

(8) Where multiple detectors are required, the system’s 

instrumentation and alarm may be shared among detectors.

(9) The baseline output must be established by adjusting 

the range and the averaging period of the device and 

establishing the alarm set points and the alarm delay time 

according to section 5.0 of the “Fabric Filter Bag Leak 

Detection Guidance,” (EPA-454/R-98-015, September 1997)

(incorporated by reference, see §63.14).

(10) Following initial adjustment of the system, the 

sensitivity or range, averaging period, alarm set points, or 

alarm delay time may not be adjusted except as detailed in your 

OM&M plan. In no case may the sensitivity be increased by more 

than 100 percent or decreased more than 50 percent over a 365-

day period unless such adjustment follows a complete fabric 
Page 28 of 90

filter inspection that demonstrates that the fabric filter is in 

good operating condition, as defined in section 5.2 of the 

“Fabric Filter Bag Leak Detection Guidance,” (EPA-454/R-98-015, 

September 1997) (incorporated by reference, see §63.14). Record 

each adjustment.

(11) Record the results of each inspection, calibration, 

and validation check.

(f) For each lime, chemical, or carbon feed rate 

measurement device, you must meet the requirements in paragraphs 

(a)(1) through (5) and paragraphs (f)(1) and (2) of this 

section.

(1) Locate the measurement device in a position that 

provides a representative feed rate measurement.

(2) At least semiannually, conduct a calibration check.

(g) For each limestone feed system on a dry limestone 

adsorber (DLA), you must meet the requirements in paragraphs 

(a)(1), (4), and (5) of this section and must ensure on a 

monthly basis that the feed system replaces limestone at least 

as frequently as the schedule set during the performance test.

(h(h) For each temperature measurement device, you must 

meet the requirements in paragraphs (a)(1) through (5) and 

paragraphs (h)(1) through (3) of this section.

(1) Locate the measurement device in a position that 

provides a representative temperature.
Page 29 of 90

(2) Use a measurement device with a minimum sensitivity of 

1 percent of the temperature being measured.

(3) At least semiannually, conduct a calibration check.

(i) Requests for approval of alternate monitoring 

procedures must meet the requirements in §§63.8445(h) and 

63.8(f).

§63.8455 How do I demonstrate initial compliance with the 

emission limitations and work practice standards?

(a) You must demonstrate initial compliance with each 

emission limitation and work practice standard that applies to 

you according to Table 5 to this subpart.

(b) You must establish each site-specific operating limit 

in Table 2 to this subpart that applies to you according to the 

requirements in §63.8445 and Table 4 to this subpart.

(c) You must submit the Notification of Compliance Status 

containing the results of the initial compliance demonstration 

according to the requirements in §63.8480(ec).

Continuous Compliance Requirements

§63.8465 How do I monitor and collect data to demonstrate 

continuous compliance?

(a) You must monitor and collect data according to this 

section.

(b) Except for periods of monitor malfunctions, associated 

repairs, and required quality assurance or control activities 
Page 30 of 90

(including, as applicable, calibration checks and required zero 

and span adjustments), you must monitor continuously (or collect 

data at all required intervals) at all times that the affected 

source is operating. This includes periods of startup, shutdown, 

malfunction, and routine control device maintenance as specified 

in §63.8420(d) when the affected source is operating.

(c) You may not use data recorded during monitoring 

malfunctions, associated repairs, out-of-control periods, or 

required quality assurance or control activities for purposes of 

calculating data averages. A monitoring malfunction is any 

sudden, infrequent, not reasonably preventable failure of the 

monitoring system to provide valid data. Monitoring failures 

that are caused in part by poor maintenance or careless 

operation are not malfunctions. You must use all the valid data 

collected during all other periods in assessing compliance. Any 

averaging period for which you do not have valid monitoring data 

and such data are required constitutes a deviation from the 

monitoring requirements.

§63.8470 How do I demonstrate continuous compliance with the 

emission limitations and work practice standards?

(a) You must demonstrate continuous compliance with each 

emission limit, operating limit, and work practice standard in 

Tables 1, 2, and 3 to this subpart that applies to you according 

to the methods specified in Table 6 to this subpart.
Page 31 of 90

(b) For each affected kiln that is subject to the emission 

limits specified in Table 1 to this subpart and is equipped with 

an APCD that is not addressed in Table 2 to this subpart, or 

that is using process changes as a means of meeting the emission 

limits in Table 1 to this subpart, you must demonstrate 

continuous compliance with each emission limit in Table 1 to 

this subpart, and each operating limit established as required 

in §63.8445(h)(2) according to the methods specified in your 

approved alternative monitoring procedures request, as described 

in §§63.8445(h)(1) and 63.8(f).

(c) You must report each instance in which you did not meet 

each emission limit and each operating limit in this subpart 

that applies to you. This includes periods of startup, shutdown, 

malfunction, and routine control device maintenance. These 

instances are deviations from the emission limitations in this 

subpart. These deviations must be reported according to the 

requirements in §63.8485.(c)(9).

(d) Deviations that occur during periods of control device 

maintenance covered by an approved routine control device 

maintenance exemption according to §63.8420(d) are not 

violations if you demonstrate to the Administrator’s 

satisfaction that you were operating in accordance with the 

approved routine control device maintenance exemption.

(d) [Reserved]
Page 32 of 90

(e))(1) VE testing. You must demonstrate continuous 

compliance with the operating limits in Table 2 to this subpart 

for visible emissions (VE) from tunnel kilns that are 

uncontrolled or equipped with DLA, dry lime injection fabric 

filter (DIFF), dry lime scrubber/fabric filter (DLS/FF), or 

other dry control device by monitoring VE at each kiln stack 

according to the requirements in paragraphs (e)(1)(i) through 

(3v) of this section.

(1i) Perform daily VE observations of each kiln stack 

according to the procedures of Method 22 of 40 CFR part 60, 

appendix A-7. You must conduct the Method 22 test while the 

affected source is operating under normal conditions. The 

duration of each Method 22 test must be at least 15 minutes.

(2ii) If VE are observed during any daily test conducted 

using Method 22 of 40 CFR part 60, appendix A-7, you must 

promptly conduct an opacity test, according to the procedures of 

Method 9 of 40 CFR part 60, appendix A-4. If opacity greater

than 10 percent is observed, you must initiate and complete 

corrective actions according to your OM&M plan. If no

(iii) You may decrease the frequency of Method 22 testing 

from daily to weekly for a kiln stack if one of the conditions 

in paragraph (e)(1)(iii)(A) or (B) of this section is met.

(A) No VE are observed in 30 consecutive daily Method 22 

tests for any kiln stack, you may decrease the frequency of 
Page 33 of 90

Method 22 testing from daily to weekly for that kiln stack. If 

VE are; or

(B) No opacity greater than 10 percent is observed during 

any of the Method 9 tests for any kiln stack.

(iv) If VE are observed during any weekly test and opacity 

greater than 10 percent is observed in the subsequent Method 9 

test, you must promptly initiate and complete corrective actions 

according to your OM&M plan, resume Method 22 testing of that 

kiln stack following Method 22 of 40 CFR part 60, appendix A-7, 

on a daily basis, as described in paragraph (e)(1)(i) of this 

section, and maintain that schedule until no VE are observed in 

30 consecutive daily testsone of the conditions in paragraph 

(e)(1)(iii)(A) or (B) of this section is met, at which time you 

may again decrease the frequency of Method 22 testing to a 

weekly basis.

(3v) If VE aregreater than 10 percent opacity is observed 

during any test conducted using Method 229 of 40 CFR part 60, 

appendix A-74, you must report these deviations by following the 

requirements in §63.8485.

(2) Alternative to VE testing. In lieu of meeting the 

requirements under paragraph (e)(1) above, you may conduct a PM

test at least once every year following the initial performance 

test, according to the procedures of Method 5 of 40 CFR part 60, 

appendix A-3, and the provisions of §63.8445(e) and (f)(1).
Page 34 of 90

Notifications, Reports, and Records

§63.8480 What notifications must I submit and when?

(a) You must submit all of the notifications in §§63.7(b) 

and (c), 63.8(f)(4), and 63.9(b) through (e), (g)(1), and (h) 

that apply to you, by the dates specified.

(b) As specified in §63.9(b)(2), if you start up your 

affected source before [THE DATE 60 DAYS AFTER THE DATE OF 

PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], you must 

submit an Initial Notification not later than 120 calendar days 

after [THE DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL REGISTER].

(c) As specified in §63.9(b)(2), if you start up your new 

or reconstructed affected source on or after [THE DATE 60 DAYS 

AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL 

REGISTER], you must submit an Initial Notification not later 

than 120 calendar days after you become subject to this subpart.

(d) If you are required to conduct a performance test, you 

must submit a notification of intent to conduct a performance 

test at least 60 calendar days before the performance test is 

scheduled to begin, as required in §63.7(b)(1).

(e(b) You must submit all of the notifications specified in 

Table 8 to this subpart that apply to you, by the dates 

specified.
Page 35 of 90

(c) If you are required to conduct a performance test or 

other initial compliance demonstration as specified in Tables 4 

and 5 to this subpart, you must submit ayour Notification of 

Compliance Status as specified in §63.9(h) andTable 8 to this 

subpart must include the information in paragraphs (ec)(1) 

through (3) of this section.

(1) For each compliance demonstration that includes a 

performance test conducted according to the requirements in 

Table 4 to this subpart, you must submit the Notification of 

Compliance Status, including the performance test results, 

before the close of business on the 60th calendar day following 

the completion of the performance test, according to 

§63.10(d)(2).

(2) In addition to the requirements in §63.9(h)(2)(i), you 

must include the information in paragraphs (e)(2)(i) and (ii) of 

this section in your Notification of Compliance Status.

(i(1) The requirements in §63.9(h)(2)(i).

(2) The operating limit parameter values established for 

each affected source with supporting documentation and a 

description of the procedure used to establish the values.

(ii3) For each APCD that includes a fabric filter, if a bag 

leak detection system is used, analysis and supporting 

documentation demonstrating conformance with EPA guidance and 

specifications for bag leak detection systems in §63.8450(e).
Page 36 of 90

(3) For each compliance demonstration required in Table 5 

to this subpart that does not include a performance test (i.e., 

compliance demonstrations for the work practice standards), you 

must submit the Notification of Compliance Status before the 

close of business on the 30th calendar day following the 

completion of the compliance demonstrations.

(f) If you request a routine control device maintenance 

exemption according to §63.8420(d), you must submit your request 

for the exemption no later than 30 days before the compliance 

date.

§63.8485 What reports must I submit and when?

(a) You must submit each report in Table 79 to this subpart 

that applies to you.

(b) Unless the Administrator has approved a different 

schedule for submission of reports under §63.10(a), you must 

submit each report by the date in Table 79 to this subpart and 

as specified in paragraphs (b)(1) through (5) of this section.

(1) The first compliance report must cover the period 

beginning on the compliance date that is specified for your 

affected source in §63.8395 and ending on either June 30 or 

December 31, and lasting. The first reporting period must be at 

least 6 months, but less than 12 months. For example, if your 

compliance date is March 1, then the first semiannual reporting 

period would begin on March 1 and end on December 31.
Page 37 of 90

(2) The first compliance report must be postmarked or 

delivered no later than July 31 or January 31 for compliance 

periods ending on June 30 and December 31, respectively.

(3) Each subsequent compliance report must cover the 

semiannual reporting period from January 1 through June 30 or 

the semiannual reporting period from July 1 through December 31.

(4) Each subsequent compliance report must be postmarked or 

delivered no later than July 31 or January 31 for compliance 

periods ending on June 30 and December 31, respectively.

(5) For each affected source that is subject to permitting 

regulations pursuant to 40 CFR part 70 or 40 CFR part 71, if the 

permitting authority has established dates for submitting 

semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 

CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent 

compliance reports according to the dates the permitting 

authority has established instead of according to the dates in 

paragraphs (b)(1) through (4) of this section.

(c) The compliance report must contain the information in 

paragraphs (c)(1) through (78) of this section.

(1) Company name and address.

(2) Statement by a responsible official with that 

official’s name, title, and signature, certifying that, based on 

information and belief formed after reasonable inquiry, the 
Page 38 of 90

statements and information in the report are true, accurate, and 

complete.

(3) Date of report and beginning and ending dates of the 

reporting period.

(4) A description of control device maintenance performed 

while the control device was offline and the kiln controlled by 

the control device was operating, including the information 

specified in paragraphs (c)(4)(i) through (iii) of this section.

(i) The date and time when the control device was shut down 

and restarted.

(ii) Identification of the kiln that was operating and the 

number of hours that the kiln operated while the control device 

was offline.

(iii) A statement of whether or not the control device 

maintenance was included in your approved routine control device 

maintenance exemptionrequest developed as specified in 

§63.8420(d). If the control device maintenance was included in 

your approved routine control device maintenance 

exemptionrequest, then you must report the information in 

paragraphs (c)(4)(iii)(A) through (C) of this section.

(A) The total amount of time that the kiln controlled by 

the control device operated during the current semiannual 

compliance period and during the previous semiannual compliance 

period.
Page 39 of 90

(B) The amount of time that each kiln controlled by the 

control device operated while the control device was offline for 

maintenance covered under the routine control device maintenance 

exemptionalternative standard during the current semiannual 

compliance period and during the previous semiannual compliance 

period.

(C) Based on the information recorded under paragraphs 

(c)(4)(iii)(A) and (B) of this section, compute the annual 

percent of kiln operating uptime during which the control device 

was offline for routine maintenance using Equation 7.

(100) p c

p c

KU KU

DT DT

RM

+

+ = (100) p c

p c

KU KU

DT DT

RM

+

+ = (Eq. 7)

Where:

RM = Annual percentage of kiln uptime during which control 

device was offline for routine control device maintenance

DTp = Control device downtime claimed under the routine control 

device maintenance exemptionalternative standard for the 

previous semiannual compliance period

DTc = Control device downtime claimed under the routine control 

device maintenance exemptionalternative standard for the 

current semiannual compliance period

KUp = Kiln uptime for the previous semiannual compliance period

KUc = Kiln uptime for the current semiannual compliance period

(5) A report of the most recent burner tune-up conducted to 

comply with the dioxin/furan work practice standard in Table 3 

to this subpart.
Page 40 of 90

(6) If there are no deviations from any emission 

limitations (emission limits or operating limits) that apply to 

you, the compliance report must contain a statement that there 

were no deviations from the emission limitations during the 

reporting period.

(7) If there were no periods during which the CMS was outof-control as specified in your OM&M plan, the compliance report 

must contain a statement that there were no periods during which 

the CMS was out-of-control during the reporting period.

(d) For each deviation from an emission limitation 

(emission limit or operating limit) that occurs at an affected 

source where you are not using a CMS to comply with the emission 

limitations in this subpart, the (8) The first compliance report 

must contain the startup push rate for each kiln, the minimum 

APCD inlet temperature for each APCD, and the temperature 

profile for each kiln without an APCD.

(9) For each deviation that occurs at an affected source, 

report such events in the compliance report by including the 

information in paragraphs (c)(19)(i) through (4) and paragraphs 

(d)(1) through (3iii) of this section. This includes periods of 

startup, shutdown, and routine control device maintenance.

(1i) The total operatingdate, time, and duration of each 

the deviation.
Page 41 of 90

(ii) A list of the affected source during the reporting 

period and identification of the sources or equipment for which 

there was a deviation.

(2) Information on the number, date, time, duration, and 

cause of deviations (including unknown cause, if applicable), as 

applicable, and the corrective action taken.

(3) The applicable operating limit or work practice 

standard from which you deviated and either the parameter 

monitor reading during the deviation or occurred.

(iii) An estimate of the quantity of each regulated 

pollutant emitted over any emission limit, and a description of 

how you deviated from the work practice standardmethod used to 

estimate the emissions.

(ed) For each deviation from an emission limitation 

(emission limit or operating limit) occurring at an affected 

source where you are using a CMS to comply with the emission 

limitations in this subpart, you must include the information in 

paragraphs (c)(1) through (4) and (c)(9), and paragraphs (ed)(1) 

through (1311) of this section. This includes periods of 

startup, shutdown, and routine control device maintenance.

(1) The total operating time of each affected source during 

the reporting period and identification of the sources for which 

there was a deviation.
Page 42 of 90

(2) The date and time that each CMS was inoperative, except 

for zero (low-level) and high-level checks.

(3) The date, time, and duration that each CMS was out-ofcontrol, including the pertinent information in your OM&M plan.

(4) The date and time that each deviation started and 

stopped, and whether(4) Whether each deviation occurred during 

routine control device maintenance covered in your approved 

routine control device maintenance exemptionalternative standard

or during another period, and the cause of each deviation 

(including unknown cause, if applicable).

(5) An estimate of the quantity of each regulated pollutant 

emitted over the emission limit during the deviation, and a 

description of the method used to estimate the emissions.

(6) A description of any corrective action taken in 

responseto return the affected unit to a deviation.its normal or 

usual manner of operation.

(7) A summary of the total duration of the deviation during 

the reporting period and the total duration as a percent of the 

total source operating time during that reporting period.

(8(6) A breakdown of the total duration of the deviations 

during the reporting period into those that were due to startup, 

shutdown, control equipment problems, process problems, other 

known causes, and other unknown causes.
Page 43 of 90

(97) A summary of the total duration of CMS downtime during 

the reporting period and the total duration of CMS downtime as a 

percent of the total source operating time during that reporting 

period.

(108) A brief description of the process units.

(119) A brief description of the CMS.

(1210) The date of the latest CMS certification or audit.

(1311) A description of any changes in CMS, processes, or 

control equipment since the last reporting period.

(f) If a malfunction occurred during the reporting period, 

the compliance report must contain the information in paragraphs 

(c)(1) through (4) and paragraphs (f)(1) and (2) of this 

section.

(1) The number, duration, and a brief description for each 

type of malfunction which occurred during the reporting period 

and which caused or may have caused any applicable emission 

limitation to be exceeded.

(2) A description of actions taken by an owner or operator 

during a malfunction of an affected facility to minimize 

emissions in accordance with §63.8420(b), including actions 

taken to correct a malfunction.

(g(e) If you have obtained a title V operating permit 

according to 40 CFR part 70 or 40 CFR part 71, you must report 

all deviations as defined in this subpart in the semiannual 
Page 44 of 90

monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 

CFR 71.6(a)(3)(iii)(A). If you submit a compliance report 

according to Table 79 to this subpart along with, or as part of, 

the semiannual monitoring report required by 40 CFR 

70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the 

compliance report includes all required information concerning 

deviations from any emission limitation (including any operating 

limit), then submitting the compliance report will satisfy any 

obligation to report the same deviations in the semiannual 

monitoring report. However, submitting a compliance report will 

not otherwise affect any obligation you may have to report 

deviations from permit requirements to the permitting authority.

(hf) Within 60 calendar days after the date of completing 

each performance test (as defined in §63.2) as required by this 

subpart, you must submit the results of the performance test 

following the procedure specified in either paragraph (hf)(1) or 

(hf)(2) of this section.

(1) For data collected using test methods supported by the 

EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT 

Web site 

(http://www.epa.gov/ttn/chief/ert/index.html)(http://www.epa.gov

/ttn/chief/ert/index.html) at the time of the test, you must 

submit the results of the performance test to the EPA via the

Compliance and Emissions Data Reporting Interface (CEDRI). 
Page 45 of 90

(CEDRI can be accessed through the EPA’s Central Data Exchange 

(CDX) (http://cdx.epa.gov/epa_home.asp).)(http://cdx.epa.gov/).)

Performance test data must be submitted in a file format 

generated through the use of the EPA’s ERT. Instead of 

submitting performance test data in a file format generated 

through the use of the EPA’s ERT, you may submit or an alternate

electronic file format consistent with the extensible markup 

language (XML) schema listed on the EPA’s ERT Web site, once the 

XML schema is available.. If you claim that some of the 

performance test information being submitted is confidential 

business information (CBI), you must submit a complete file 

generated through the use of the EPA’s ERT (or an alternate 

electronic file consistent with the XML schema listed on the 

EPA’s ERT Web site once the XML schema is available),, including 

information claimed to be CBI, on a compact disc, flash drive,

or other commonly used electronic storage media to the EPA. The 

electronic media must be clearly marked as CBI and mailed to 

U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE 

AdministratorGroup Leader, Measurement Policy Group, MD C404-02, 

4930 Old Page Rd., Durham, NC 27703. The same ERT file (or 

alternate file) with the CBI omitted must be submitted to the 

EPA via the EPA’s CDX as described earlier in this paragraph.

(2) For data collected using test methods that are not 

supported by the EPA’s ERT as listed on the EPA’s ERT Web site
Page 46 of 90

at the time of the test, you must submit the results of the 

performance test to the Administrator at the appropriate address 

listed in §63.13.

§63.8490 What records must I keep?

(a) You must keep the records listed in paragraphs (a)(1) 

through (3) of this section.

(1) A copy of each notification and report that you 

submitted to comply with this subpart, including all 

documentation supporting any Initial Notification or 

Notification of Compliance Status that you submitted, according 

to the requirements in §63.10(b)(2)(xiv).

(2) Records of performance tests as required in 

§63.10(b)(2)(viii).

(3) Records relating to control device maintenance and 

documentation of your approved routine control device 

maintenance exemptionrequest, if you request such an exemptionto 

use the alternative standard under §63.8420(d).

(b) You must keep the records required in Table 6 to this 

subpart to show continuous compliance with each emission 

limitation and work practice standard that applies to you.

(c) You must also maintain the records listed in paragraphs 

(c)(1) through (11) of this section.

(1) For each bag leak detection system, records of each 

alarm, the time of the alarm, the time corrective action was 
Page 47 of 90

initiated and completed, and a brief description of the cause of 

the alarm and the corrective action taken.

(2) For each deviation of an operating limit parameter 

value,, record the information in paragraphs (c)(2)(i) through 

(iv) of this section.

(i) The date, time, and duration of the deviation, a brief 

explanation of the cause of the deviation, actions taken to 

minimize emissions in accordance with §63.8420(b) and the 

corrective action taken to return the affected unit to its 

normal or usual manner of operation, and whether the deviation 

occurred during a period of startup, shutdown, or malfunction. 

Record and retain a.

(ii) A list of the affected sources or equipment, an.

(iii) An estimate of the volumequantity of each regulated 

pollutant emitted over any emission limit and a description of 

the method used to estimate the emissions.

(iv) Actions taken to minimize emissions in accordance with 

§63.8420(b) and any corrective actions taken to return the 

affected unit to its normal or usual manner of operation.

(3) For each affected source, records of production rates 

on a fired-product basis.

(4) Records for any approved alternative monitoring or test 

procedures.
Page 48 of 90

(5) Records of maintenance and inspections performed on the 

APCD.

(6) Current copies of your OM&M plan, including any 

revisions, with records documenting conformance.

(7) Logs of the information required in paragraphs 

(c)(7)(i) through (iii) of this section to document proper 

operation of your periodic kiln.

(i) Records of the firing time and temperature cycle for 

each product produced in each periodic kiln. If all periodic 

kilns use the same time and temperature cycles, one copy may be 

maintained for each kiln. Reference numbers must be assigned to 

use in log sheets.

(ii) For each periodic kiln, a log that details the type of 

product fired in each batch, the corresponding time and 

temperature protocol reference number, and an indication of 

whether the appropriate time and temperature cycle was fired.

(iii) For each periodic kiln, a log of the actual tonnage 

of product fired in the periodic kiln and an indication of 

whether the tonnage was below the maximum tonnage for that 

specific kiln.

(8) Logs of the maintenance procedures used to demonstrate 

compliance with the maintenance requirements of the periodic 

kiln work practice standards specified in Table 3 to this 

subpart.
Page 49 of 90

(9) Records of burner tune-ups used to comply with the 

dioxin/furan work practice standard for tunnel kilns.

(10) For periods of startup and shutdown, records of the

following information:

(i) The date, time, and duration of each startup period,

logs ofand/or shutdown period, recording the periods when the 

affected source was subject to the standard applicable to 

startup and shutdown.

(ii) For periods of startup, the kiln push rate and kiln 

exhaust temperature atprior to the time the first bricks were 

placed in the kiln, and if applicable, logs of the temperature 

when the kiln exhaust stopped bypassingreaches the control 

device.minimum APCD inlet temperature (for a kiln with an APCD)

or the kiln temperature profile is attained (for a kiln with no 

APCD). 

(iii) For periods of shutdown, records of the date, time, 

and duration of each shutdown period, logs of the kiln push rate 

and kiln exhaust temperature after the time the last bricks were 

placed inkiln exhaust falls below the kiln, and if minimum APCD 

inlet temperature (for a kiln with an APCD) or the kiln 

temperature profile is no longer maintained (for a kiln with no 

APCD).

(11) All site-specific parameters, temperature profiles, 

and procedures required to be established or developed according 
Page 50 of 90

to the applicable, logs of the temperature when the kiln exhaust 

began bypassing the control device work practice standards in 

Table 3 to this subpart.

(11) For each malfunction, records of the following 

information:

(i) Records of the occurrence and duration of each 

malfunction of operation (i.e., process equipment) or the air 

pollution control and monitoring equipment.

(ii) Records of actions taken during periods of malfunction 

to minimize emissions in accordance with §63.8420(b), including 

corrective actions to restore malfunctioning process and air 

pollution control and monitoring equipment to its normal or 

usual manner of operation.

§63.8495 In what form and for how long must I keep my records?

(a) Your records must be in a form suitable and readily 

available for expeditious review, according to §63.10(b)(1).

(b) As specified in §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 onsite for at least 2 years 

after the date of each occurrence, measurement, maintenance, 

corrective action, report, or record, according to §63.10(b)(1). 

You may keep the records offsite for the remaining 3 years.
Page 51 of 90

Other Requirements and Information

§63.8505 What parts of the General Provisions apply to me?

Table 810 to this subpart shows which parts of the General 

Provisions in §§63.1 through 63.16 apply to you.

§63.8510 Who implements and enforces this subpart?

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

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

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

authority to your Sstate, local, or tribal agency, then that 

agency, in addition to the U.S. EPA, has the authority to 

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

EPA Regional Office to find out if implementation and 

enforcement of this subpart is delegated to your Sstate, local, 

or tribal agency.

(b) In delegating implementation and enforcement authority 

of this subpart to a Sstate, local, or tribal agency under 

subpart E of this part, the authorities contained in paragraph 

(c) of this section are retained by the Administrator of the 

U.S. EPA and are not transferred to the Sstate, local, or tribal 

agency.

(c) The authorities that cannot be delegated to Sstate, 

local, or tribal agencies are as specified in paragraphs (c)(1) 

through (56) of this section.
Page 52 of 90

(1) Approval of alternatives to the applicability 

requirements in §§63.8385 and 63.8390, the compliance date 

requirements in §63.8395, and the non-opacity emission 

limitations in §63.8405.

(2) Approval of major changes to test methods under 

§63.7(e)(2)(ii) and (f) and as defined in §63.90.

(3) Approval of major changes to monitoring under §63.8(f) 

and as defined in §63.90.

(4) Approval of major changes to recordkeeping and 

reporting under §63.10(f) and as defined in §63.90.

(5) Approval of an alternative to any electronic reporting 

to the EPA required by this subpart.

(6) Approval of a routine control device maintenance 

request under §63.8420(d).

§63.8515 What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air 

Act, in §63.2, and in this section as follows:

Air pollution control device (APCD) means any equipment 

that reduces the quantity of a pollutant that is emitted to the 

air.

Bag leak detection system means an instrument that is 

capable of monitoring PM loadings in the exhaust of a fabric 

filter in order to detect bag failures. A bag leak detection 

system includes, but is not limited to, an instrument that 
Page 53 of 90

operates on triboelectric, light-scattering, lighttransmittance, or other effects to monitor relative PM loadings.

Brick and structural clay products (BSCP) manufacturing 

facility means a plant site that manufactures brick (including, 

but not limited to, face brick, structural brick, and brick 

pavers); clay pipe; roof tile; extruded floor and wall tile; 

and/or other extruded, dimensional clay products. Brick and 

structural clay products manufacturing facilities typically 

process raw clay and shale, form the processed materials into 

bricks or shapes, and dry and fire the bricks or shapes. A plant 

site that manufactures refractory products, as defined in 40 CFR 

63.9824, or clay ceramics, as defined in 40 CFR 63.8665, is not 

a BSCP manufacturing facility.

Deviation means any instance in which an affected source 

subject to this subpart, or an owner or operator of such a 

source:

(1) Fails to meet any requirement or obligation established 

by this subpart including, but not limited to, any emission 

limitation (including any operating limit) or work practice 

standard; or

(2) Fails to meet any term or condition that is adopted to 

implement an applicable requirement in this subpart for any 

affected source required to obtain such a permit.
Page 54 of 90

Dry lime injection fabric filter (DIFF) means an APCD that 

includes continuous injection of hydrated lime or other sorbent 

into a duct or reaction chamber followed by a fabric filter.

Dry lime scrubber/fabric filter (DLS/FF) means an APCD that 

includes continuous injection of humidified hydrated lime or 

other sorbent into a reaction chamber followed by a fabric 

filter. These systems typically include recirculation of some of 

the sorbent.

Dry limestone adsorber (DLA) means an APCD that includes a 

limestone storage bin, a reaction chamber that is essentially a 

packed tower filled with limestone, and may or may not include a 

peeling drum that mechanically scrapes reacted limestone to 

regenerate the stone for reuse.

Emission limitation means any emission limit or operating 

limit.

Fabric filter means an APCD used to capture PM by filtering 

a gas stream through filter media; also known as a baghouse.

Initial startup means:

(1) for a new or reconstructed tunnel kiln controlled with 

a DLA, the time at which the temperature in the kiln first 

reaches 260°C (500°F) and the kiln contains product; or

(2) for a new or reconstructed tunnel kiln controlled with 

a DIFF, DLS/FF, or wet scrubber (WS), the time at which the kiln 

first reaches a level of production that is equal to 75 percent 
Page 55 of 90

of the kiln design capacity or 12 months after the affected 

source begins firing BSCP, whichever is earlier.

Fired product means brick or structural clay products that 

have gone through the firing process via kilns.

Kiln exhaust process stream means the portion of the 

exhaust from a tunnel kiln that exhausts directly to the 

atmosphere (or to an APCD), rather than to a sawdust dryer.

Large tunnel kiln means a tunnel kiln (existing, new, or 

reconstructed) with a design capacity equal to or greater than 

9.07 Mg/hr (10 tph) of fired product.

Minimum APCD inlet temperature means the minimum 

temperature that kiln exhaust can be vented to the APCD that 

ensures the long-term integrity of the APCD.

Particulate matter (PM) means, for purposes of this 

subpart, emissions of PM that serve as a measure of total 

particulate emissions, as measured by Method 5 (40 CFR part 60, 

appendix A-3) or Method 29 (40 CFR part 60, appendix A-8), and 

as a surrogate for non-mercury metal HAP contained in the 

particulates including, but not limited to, antimony, arsenic, 

beryllium, cadmium, chromium, cobalt, lead, manganese, mercury, 

nickel, and selenium.

Periodic kiln means a batch firing kiln.

Plant site means all contiguous or adjoining property that 

is under common control, including properties that are separated 
Page 56 of 90

only by a road or other public right-of-way. Common control 

includes properties that are owned, leased, or operated by the 

same entity, parent entity, subsidiary, or any combination 

thereof.

Responsible official means responsible official as defined 

in 40 CFR 70.2.

Small tunnel kiln means a tunnel kiln (existing, new, or 

reconstructed) with a design capacity less than 9.07 Mg/hr (10 

tph) of fired product.

Startup means the setting in operation of an affected 

source and starting the production process.

Startup push rate means the kiln push rate required to 

bring the kiln to the proper operating temperature during 

startup.

Tunnel kiln means any continuous kiln that is used to fire 

BSCP. Some tunnel kilns have two process streams, including a 

process stream that exhausts directly to the atmosphere or to an 

APCD, and a process stream in which the kiln exhaust is ducted 

to a sawdust dryer where it is used to dry sawdust before being 

emitted to the atmosphere.

Tunnel kiln design capacity means the maximum amount of 

brick, in Mg (tons), that a kiln is designed to produce in one 

year divided by the number of hours in a year (8,760 hours).), 

taking into account the void space in the brick, the push rate 
Page 57 of 90

for the kiln, and the stacking pattern, if applicable. If a kiln 

is modified to increase the capacity, the design capacity is 

considered to be the capacity following modifications.

Wet scrubber (WS) means an APCD that uses water, which may 

include caustic additives or other chemicals, as the sorbent. 

Wet scrubbers may use any of various design mechanisms to 

increase the contact between exhaust gases and the sorbent.

Work practice standard means any design, equipment, work 

practice, operational standard, or combination thereof, that is 

promulgated pursuant to section 112(h) of the Clean Air Act.

Tables to Subpart JJJJJ of Part 63

As stated in §63.8405, you must meet each emission limit in 

the following table that applies to you:

Table 1 to Subpart JJJJJ of Part 63--Emission Limits

For each... 

You must meet the 

following emission 

limits...

Or you must comply 

with the 

following... 

1. Collection of all tunnel 

kilns at facility, 

including all process 

streams.

HF, HCl, and Cl2

emissions must not 

exceed 26 kg/hr (57 

lb/hr) HCl equivalent, 

under the health-based 

standard, as determined 

using Equations 2 and 3.

Not applicable.

2. Existing large tunnel 

kiln, (design capacity ≥10

tons per hour (tph) of 

fired product), including 

all process streams.

a. PM emissions must not 

exceed 0.0182 kg/Mg 

(0.16036 lb/ton) of 

fired product.

i. PM emissions must 

not exceed 926.6

mg/dscm (0.04029

gr/dscf) at 717% O2; 

or

ii. Non-Hg HAP 

metals emissions 

must not exceed 

0.001126 kg/hr 

(0.0230057 lb/hr) of 

fired product.).
Page 58 of 90

For each... 

You must meet the 

following emission 

limits...

Or you must comply 

with the 

following... 

3. Existing large tunnel 

kiln (design capacity ≥10 

tph of fired product), 

including all process 

streams.

ab. Hg emissions must 

not exceed 12.1 E-05 

kilogram per megagram 

(kg/Mg) (2.24.1 E-05 

pound per ton (lb/ton)) 

of fired product.

i. Hg emissions must 

not exceed 297.7

micrograms per dry 

standard cubic meter 

(μg/dscm) at 717% 

O2; or

ii. Hg emissions 

must not exceed 

1.2.5 E-04 kg/hr 

(2.75.5 E-04 lb/hr).

43. Existing small tunnel 

kiln (design capacity <10 

tph of fired product), 

including all process 

streams.

a. HgPM emissions must 

not exceed 9.9 E-05 

0.19 kg/Mg (2.0 E-04 

.37 lb/ton) of fired 

product.

i. HgPM emissions 

must not exceed 70 

μg4.8 mg/dscm 

(0.0021 gr/dscf) at 

717% O2; or

ii. Non-Hg HAP 

metals emissions 

must not exceed 

0.047 kg/hr (0.11

lb/hr).

b. Hg emissions must not 

exceed 1.7 E-04 kg/Mg 

(3.3 E-04 lb/ton) of 

fired product.

iii. Hg emissions 

must not exceed 5.0 

E-04 kg/hr (0.0011 

lb/hr).91 μg/dscm at 

17% O2; or

ii. Hg emissions 

must not exceed 8.5

E-04 kg/hr (0.0019

lb/hr).

54. New or reconstructed 

large tunnel kiln, (design 

capacity ≥10 tph of fired 

product), including all 

process streams

a. PM emissions must not 

exceed 0.0110089 kg/Mg 

(0.022018 lb/ton) of 

fired product.

i. PM emissions must 

not exceed 153.2

mg/dscm (0.006614

gr/dscf) at 717% O2; 

or

ii. Non-Hg HAP 

metals emissions 

must not exceed 

0.001426 kg/hr 

(0.003257 lb/hr) of 

fired product.

6. New or reconstructed 

large tunnel kiln, 

including all process 

streams.

ab. Hg emissions must 

not exceed 1.04 E-05 

kg/Mg (2.08 E-05 lb/ton) 

of fired product.

i. Hg emissions must 

not exceed 136.2

μg/dscm at 717% O2.

ii. Hg emissions 

must not exceed 1.16

E-04 kg/hr (23.4 E04 lb/hr).
Page 59 of 90

For each... 

You must meet the 

following emission 

limits...

Or you must comply 

with the 

following... 

75. New or reconstructed 

small tunnel kiln, (design 

capacity <10 tph of fired 

product), including all 

process streams.

a. HgPM emissions must 

not exceed 9.9 E-05 

0.015 kg/Mg (2.0 E-04 

.030 lb/ton) of fired 

product.

i. HgPM emissions 

must not exceed 70 

μg4.7 mg/dscm 

(0.0021 gr/dscf) at 

717% O2.; or

ii. Non-Hg HAP 

metals emissions 

must not exceed 

0.047 kg/hr (0.11

lb/hr) of fired 

product.

b. Hg emissions must not 

exceed 1.7 E-04 kg/Mg 

(3.3 E-04 lb/ton) of 

fired product.

iii. Hg emissions 

must not exceed 5.0 

E-04 kg/hr (0.0011 

lb/hr).91 μg/dscm at 

17% O2.

ii. Hg emissions 

must not exceed 8.5

E-04 kg/hr (0.0019

lb/hr).

As stated in §63.8405, you must meet each operating limit 

in the following table that applies to you:

Table 2 to Subpart JJJJJ of Part 63--Operating Limits

For 

each... You must...

1. Tunnel 

kiln 

equipped 

with a 

DLA.

a. Maintain the average pressure drop across the DLA for each 

3-hour block period at or above the average pressure drop 

established during the HF/HCl/Cl2 performance test; or, if you

are monitoring the bypass stack damper position, initiate 

corrective action within 1 hour after the bypass damper is 

opened allowing the kiln exhaust gas to bypass the DLA and 

complete corrective action in accordance with your OM&M plan; 

and

b. Maintain an adequate amount of limestone in the limestone 

hopper, storage bin (located at the top of the DLA), and DLA at 

all times; maintain the limestone feeder setting (on a per ton 

of fired product basis) at or above the level established 

during the HF/HCl/Cl2 performance test; and in which compliance 

was demonstrated; and

c. Use the same grade of limestone from the same source as was 

used during the HF/HCl/Cl2 performance test in which compliance 

was demonstrated; maintain records of the source and grade of 

limestone; and
Page 60 of 90

For 

each... You must...

d. Maintain no VE from the DLA stack.

2. Tunnel 

kiln 

equipped 

with a 

DIFF or 

DLS/FF.

a. If you use a bag leak detection system, initiate corrective 

action within 1 hour of a bag leak detection system alarm and 

complete corrective actions in accordance with your OM&M plan; 

operate and maintain the fabric filter such that the alarm is 

not engaged for more than 5 percent of the total operating time 

in a 6-month block reporting period; or maintain no VE from the 

DIFF or DLS/FF stack; and

b. Maintain free-flowing lime in the feed hopper or silo and to 

the APCD at all times for continuous injection systems; 

maintain the feeder setting (on a per ton of fired product 

basis) at or above the level established during the HF/HCl/Cl2

performance test for continuous injection systems. in which 

compliance was demonstrated.

3. Tunnel 

kiln 

equipped 

with a WS.

a. Maintain the average scrubber pressure dropliquid pH for 

each 3-hour block period at or above the average pressure 

dropscrubber liquid pH established during the PM/non-Hg HAP 

metalsHF/HCl/Cl2 performance test in which compliance was 

demonstrated; and

b. Maintain the average scrubber liquid pH for each 3-hour 

block period at or above the average scrubber liquid pH 

established during the HF/HCl/Cl2 performance test; and

cb. Maintain the average scrubber liquid flow rate for each 3-

hour block period at or above the highest average scrubber 

liquid flow rate established during the HF/HCl/Cl2 and PM/non-Hg 

HAP metals performance tests; and in which compliance was 

demonstrated.

d. If chemicals are added to the scrubber water, maintain the 

average scrubber chemical feed rate for each 3-hour block 

period at or above the average scrubber chemical feed rate 

established during the HF/HCl/Cl2 performance test.

4. Tunnel 

kiln 

equipped 

with an 

ACI 

system.

Maintain the average carbon flow rate for each 3-hour block 

period at or above the average carbon flow rate established 

during the Hg performance test. in which compliance was 

demonstrated.

5. Tunnel 

kiln with 

no add-on 

control.

a. Maintain no VE from the stack.

b. Maintain the kiln process rate at or below the kiln process 

rate determined according to §63.8445(g)(1).

As stated in §63.8405, you must meet each work practice 

standard in the following table that applies to you:

Merged Cells
Page 61 of 90

Table 3 to Subpart JJJJJ of Part 63--Work Practice Standards

For each... You must... According to the following requirements...

1. Existing, new 

or reconstructed 

periodic kiln

a. Minimize 

HAP 

emissions.

i. Develop and use a designed firing time 

and temperature cycle for each product 

produced in the periodic kiln. You must 

either program the time and temperature 

cycle into your kiln or track each step on 

a log sheet; and

ii. Label each periodic kiln with the 

maximum load (in tons) of product that can 

be fired in the kiln during a single firing 

cycle; and

iii. For each firing load, document the 

total tonnage of product placed in the kiln 

to ensure that it is not greater than the 

maximum load identified in item 1b; and

iv. Develop and follow maintenance 

procedures for each kiln that, at a 

minimum, specify the frequency of 

inspection and maintenance of temperature 

monitoring devices, controls that regulate 

air-to-fuel ratios, and controls that 

regulate firing cycles; and

v. Develop and maintain records for each 

periodic kiln, as specified in §63.8490.

2. Existing, new 

or reconstructed 

tunnel kiln

a. Minimize 

dioxin/furan 

emissions.

i. Maintain and inspect the burners and 

associated combustion controls (as 

applicable); and

ii. Tune the specific burner type to 

optimize combustion.

3. Existing, new 

or reconstructed 

tunnel kiln 

during periods of 

startup

a. Minimize 

HAP 

emissions.

i. Establish the startup push rate for each

kiln, the minimum APCD inlet temperature 

for each APCD, and temperature profile for 

each kiln without an APCD and include them 

in your first compliance report, as 

specified in §63.8485(c)(8); and

3. Existing, new 

or reconstructed 

tunnel kiln 

during periods of 

startup

a. Minimize 

HAP 

emissions.

i. Do not put any bricks intoii. After 

initial charging of the kiln with loaded 

kiln cars, remain at or below the startup 

push rate for the kiln until the kiln 

exhaust reaches the minimum APCD inlet 

temperature reaches 204 °C (400 °F);for a 

kiln with an APCD or until the kiln 

temperature profile is attained for a kiln 

with no APCD; and

iii. If your kiln has an APCD, begin 

venting the exhaust from the kiln through 

the APCD by the time the kiln exhaust 

temperature reaches 204 °C (400 °F).the 

minimum APCD inlet temperature.
Page 62 of 90

For each... You must... According to the following requirements...

4. Existing, new 

or reconstructed 

tunnel kiln 

during periods of 

shutdown

a. Minimize 

HAP 

emissions.

i. Do not put any brickspush loaded kiln 

cars into the kiln once the kiln exhaust 

temperature falls to 149 °C (300 °F);below 

the minimum APCD inlet temperature if the 

kiln is controlled by an APCD or when the 

kiln temperature profile is no longer 

maintained for an uncontrolled kiln; and

ii. If your kiln has an APCD, continue to 

vent the exhaust from the kiln through the 

APCD until the kiln exhaust temperature 

falls to 149 °C (300 °F).below the minimum 

inlet temperature for the APCD.

5. Existing, new 

or reconstructed 

tunnel kiln

during periods of 

routine control 

device 

maintenance

a. Minimize 

HAP 

emissions.

i. Develop and use a temperature profile

for each kiln; and

ii. Develop and follow maintenance 

procedures for each kiln that, at a 

minimum, specify the frequency of 

inspection and maintenance of temperature 

monitoring devices and controls that 

regulate air-to-fuel ratios; and

iii. Develop and maintain records for each 

kiln, as specified in §63.8490(a)(3).

As stated in §63.8445, you must conduct each performance 

test in the following table that applies to you:

Table 4 to Subpart JJJJJ of Part 63--Requirements for 

Performance Tests

For each... You must... Using...

According to the 

following 

requirements... 

1. Tunnel 

kiln.

a. Select 

locations of 

sampling ports 

and the number 

of traverse 

points.

Method 1 or 1A 

of 40 CFR part 

60, appendix A1.

Sampling sites must be 

located at the outlet 

of the APCD and prior 

to any releases to the 

atmosphere for all 

affected sources. 
Page 63 of 90

For each... You must... Using...

According to the 

following 

requirements... 

b. Determine 

velocities and 

volumetric flow 

rate.

Method 2 of 40 

CFR part 60, 

appendix A-1.

You may use Method 2A, 

2C, 2D, or 2F of 40 CFR 

part 60, appendix A-1, 

or Method 2G of 40 CFR 

part 60, appendix A-2, 

as appropriate, as an 

alternative to using 

Method 2 of 40 CFR part 

60, appendix A-1.

c. Conduct gas 

molecular weight 

analysis.

Method 3 of 40 

CFR part 60, 

appendix A-2.

You may use Method 3A 

or 3B of 40 CFR part 

60, appendix A-2, as 

appropriate, as an 

alternative to using 

Method 3 of 40 CFR part 

60, appendix A-2. 

ANSI/ASME PTC 19.10-

1981 [Part 10] 

(incorporated by 

reference, see §63.14)

may be used as an 

alternative to the 

manual procedures (but 

not the instrumental 

procedures) in Methods

3A and 3B.

d. Measure 

moisture content 

of the stack 

gas.

Method 4 of 40 

CFR part 60, 

appendix A-3.

e. Measure HF, 

HCl and Cl2

emissions.

i. Method 26A of 

40 CFR part 60, 

appendix A-8; or

You may use Method 26 

of 40 CFR part 60, 

appendix A-8, as an 

alternative to using 

Method 26A of 40 CFR 

part 60, appendix A-8, 

when no acid PM (e.g., 

HF or HCl dissolved in 

water droplets emitted 

by sources controlled 

by a WS) is present. 

ASTM D6735-01 

(Reapproved 2009) 

(incorporated by 

reference, see §63.14)

may be used as an 

alternative to Methods 

26 and 26A.
Page 64 of 90

For each... You must... Using...

According to the 

following 

requirements... 

ii. Method 320 

of appendix A of 

this part.

When using Method 320 

of appendix A of this 

part, you must follow 

the analyte spiking 

procedures of section 

13 of Method 320 of 

appendix A of this 

part, unless you can 

demonstrate that the 

complete spiking 

procedure has been 

conducted at a similar 

source. ASTM D6348-03 

(Reapproved 2010) 

(incorporated by 

reference, see §63.14) 

may be used as an 

alternative to Method 

320 if the test plan 

preparation and 

implementation in 

Annexes A1-A8 are 

mandatory and the %R in 

Annex A5 is determined 

for each target 

analyte.

f. Measure PM 

emissions or 

non-Hg HAP 

metals.

i. For PM only: 

Method 5 of 40 

CFR part 60, 

appendix A-3; or

ii. For PM or 

non-Hg HAP 

metals: Method 

29 of 40 CFR 

part 60, 

appendix A-8.

To determine PM, weigh 

the filter and report 

the results as PM 

filterable.

g. Measure Hg 

emissions.

Method 29 of 40 

CFR part 60, 

appendix A-8.

ASTM D6784-02 

(Reapproved 2008)

(incorporated by 

reference, see §63.14)

may be used as an 

alternative to Method 

29 (portion for Hg 

only).
Page 65 of 90

For each... You must... Using...

According to the 

following 

requirements... 

2. Tunnel kiln 

with no add-on 

control.

Establish the 

operating 

limit(s) for 

kiln process 

rate if the 

total facility 

maximum 

potential HClequivalent 

emissions are 

greater than the 

HCl-equivalent 

limit in Table 1 

to this subpart.

HCl-equivalent 

limit in Table 1 

to this subpart 

and emissions 

and production 

data from the

HF/HCl/Cl2

performance 

test.

Using the procedures in 

§63.8445(g)(1), you 

must determine the 

maximum process rate(s) 

for your kiln(s) that 

would ensure total 

facility maximum 

potential HClequivalent emissions 

remain at or below the 

HCl-equivalent limit in

Table 1 to this 

subpart. The maximum 

process rate(s) would 

become your sitespecific process rate

operating limit(s).

3. Tunnel kiln 

that is 

complying with 

PM and/or Hg 

productionbased emission 

limits.

Determine the 

production rate 

during each 

PM/Hg test run 

in order to 

determine 

compliance with 

PM and/or Hg 

production-based 

emission limits.

Production data 

collected during 

the PM/Hg 

performance 

tests (e.g., no. 

of pushes per 

hour, no. of 

bricks per kiln 

car, weight of a 

typical fired 

brick).

You must measure and 

record the production 

rate, on a firedproduct basis, of the 

affected source for 

each of the three test 

runs.

4. Tunnel kiln 

equipped with 

a DLA.

a. Establish the 

operating limit 

for the average 

pressure drop 

across the DLA.

Data from the 

pressure drop 

measurement 

device during 

the HF/HCl/Cl2

performance 

test.

You must continuously 

measure the pressure 

drop across the DLA, 

determine and record 

the block average 

pressure drop values 

for the three test 

runs, and determine and 

record the 3-hour block 

average of the recorded 

pressure drop 

measurements for the 

three test runs. The 

average of the three 

test runs establishes 

your minimum sitespecific pressure drop 

operating limit.
Page 66 of 90

For each... You must... Using...

According to the 

following 

requirements... 

b. Establish the 

operating limit 

for the 

limestone feeder 

setting.

Data from the 

limestone feeder 

during the 

HF/HCl/Cl2

performance 

test.

You must ensure that 

you maintain an 

adequate amount of 

limestone in the 

limestone hopper, 

storage bin (located at 

the top of the DLA), 

and DLA at all times 

during the performance 

test. You must 

establish your 

limestone feeder 

setting, on a per ton 

of fired product basis, 

one week prior to the 

performance test and 

maintain the feeder 

setting for the oneweek period that 

precedes the 

performance test and 

during the performance 

test.

c. Document the 

source and grade 

of limestone 

used.

Records of 

limestone

purchase.

5. Tunnel kiln 

equipped with 

a DIFF or 

DLS/FF.

Establish the 

operating limit 

for the lime 

feeder setting.

Data from the 

lime feeder 

during the 

HF/HCl/Cl2

performance 

test.

For continuous lime 

injection systems, you 

must ensure that lime 

in the feed hopper or 

silo and to the APCD is 

free-flowing at all 

times during the 

performance test and 

record the feeder 

setting, on a per ton 

of fired product basis, 

for the three test 

runs. If the feed rate 

setting varies during 

the three test runs, 

determine and record 

the average feed rate 

from the three test 

runs. The average of 

the three test runs 

establishes your 

minimum site-specific 

feed rate operating 

limit.
Page 67 of 90

For each... You must... Using...

According to the 

following 

requirements... 

6. Tunnel kiln 

equipped with 

a WS.

a. Establish the 

operating limit 

for the average 

scrubber 

pressure drop.

Data from the 

pressure drop 

measurement 

device during 

the PM/non-Hg 

HAP metals

performance 

test.

You must continuously 

measure the scrubber 

pressure drop, 

determine and record 

the block average 

pressure drop values 

for the three test 

runs, and determine and 

record the 3-hour block 

average of the recorded 

pressure drop 

measurements for the 

three test runs. The 

average of the three 

test runs establishes 

your minimum sitespecific pressure drop 

operating limit.

6. Tunnel kiln 

equipped with 

a WS.

ba. Establish 

the operating 

limit for the 

average scrubber 

liquid pH.

Data from the pH 

measurement 

device during 

the performance 

HF/HCl/Cl2

performance 

test.

You must continuously 

measure the scrubber 

liquid pH, determine 

and record the block 

average pH values for 

the three test runs, 

and determine and 

record the 3-hour block 

average of the recorded 

pH measurements for the 

three test runs. The 

average of the three 

test runs establishes 

your minimum sitespecific liquid pH 

operating limit.

Merged Cells

Merged Cells

Merged Cells
Page 68 of 90

For each... You must... Using...

According to the 

following 

requirements... 

cb. Establish 

the operating 

limit for the 

average scrubber 

liquid flow 

rate.

Data from the 

flow rate 

measurement 

device during 

the HF/HCl/Cl2

and PM/non-Hg 

HAP metals 

performance 

tests.

You must continuously 

measure the scrubber 

liquid flow rate, 

determine and record 

the block average flow 

rate values for the 

three test runs, and 

determine and record 

the 3-hour block 

average of the recorded 

flow rate measurements 

for the three test 

runs. The average of 

the three test runs 

establishes your 

minimum site-specific 

liquid flow rate

operating level. If 

different average wet 

scrubber liquid flow 

rate values are 

measured during the 

HF/HCl/Cl2 and PM/nonHg HAP metals tests, 

the highest of the 

average values become 

your site-specific 

operating limit.

7. Tunnel kiln 

equipped with 

a WS that 

includes 

chemical 

addition to 

the water.

Establish the 

operating limit 

for the average 

scrubber 

chemical feed 

rate.

Data from the 

chemical feed

rate measurement 

device during 

the HF/HCl/Cl2

performance 

test.

You must continuously 

measure the scrubber 

chemical feed rate, 

determine and record 

the block average 

chemical feed rate 

values for the three 

test runs, and 

determine and record 

the 3-hour block 

average of the recorded 

chemical feed rate 

measurements for the 

three test runs. The 

average of the three 

test runs establishes 

your minimum sitespecific chemical 

addition rate operating 

limit.
Page 69 of 90

For each... You must... Using...

According to the 

following 

requirements... 

87. Tunnel 

kiln equipped 

with an ACI 

system

Establish the 

operating limit 

for the average 

carbon flow 

rate.

Data from the 

carbon flow rate 

measurement 

conducted during 

the Hg 

performance 

test.

You must measure the 

carbon flow rate during 

each test run, 

determine and record 

the block average 

carbon flow rate values 

for the three test 

runs, and determine and 

record the 3-hour block 

average of the recorded 

carbon flow rate 

measurements for the 

three test runs. The 

average of the three 

test runs establishes 

your minimum sitespecific activated 

carbon flow rate 

operating limit.

As stated in §63.8455, you must demonstrate initial 

compliance with each emission limitation and work practice 

standard that applies to you according to the following table:

Table 5 to Subpart JJJJJ of Part 63--Initial Compliance with 

Emission Limitations and Work Practice Standards

For each...

For the 

following...

You have demonstrated initial 

compliance if...

1. Collection of 

all tunnel kilns 

at the facility, 

including all 

process streams.

a. HF, HCl, and Cl2

emissions must not 

exceed 26 kg/hr (57 

lb/hr) HCl 

equivalent.

i. You measure HF, HCl, and Cl2

emissions for each kiln using 

Method 26 or 26A of 40 CFR part 60, 

appendix A-8 or its alternative, 

ASTM D6735-01 (Reapproved 2009) 

(incorporated by reference, see 

§63.14); or Method 320 of appendix 

A of this part or its alternative, 

ASTM D6348-03 (Reapproved 2010) 

(incorporated by reference, see 

§63.14); and

ii. You calculate the HClequivalent emissions for each kiln 

using Equation 2 to this subpart;

and
Page 70 of 90

For each...

For the 

following...

You have demonstrated initial 

compliance if...

iii. You sum the HCl-equivalent 

values for all kilns at the 

facility using Equation 3 to this 

subpart; and

iv. The facility total HClequivalent does not exceed 26 kg/hr 

(57 lb/hr).

2. Existing large 

tunnel kiln,

(design capacity 

≥10 tph of fired 

product),

including all 

process streams.

a. PM emissions 

must not exceed 

0.0182 kg/Mg 

(0.16036 lb/ton) of 

fired product or 

926.6 mg/dscm 

(0.04029 gr/dscf) 

at 717% O2; or

i. The PM emissions measured using 

Method 5 of 40 CFR part 60, 

appendix A-3 or Method 29 of 40 CFR 

part 60, appendix A-8, over the 

period of the initial performance 

test, according to the calculations 

in §63.8445(f)(1), do not exceed 

0.0182 kg/Mg (0.16036 lb/ton) of 

fired product or 926.6 mg/dscm 

(0.04029 gr/dscf) at 717% O2; and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which PM emissions did not 

exceed 0.0188 kg/Mg 

(0.18036 lb/ton) of fired product 

or 976.6 mg/dscm (0.0430029

gr/dscf) at 717% O2.

b. Non-Hg HAP 

metals emissions 

must not exceed 

0.0110026 kg/hr 

(0.0230057 lb/hr).

i. The non-Hg HAP metals emissions 

measured using Method 29 of 40 CFR 

part 60, appendix A-8, over the 

period of the initial performance 

test, do not exceed 0.0110026 kg/hr 

(0.0230057 lb/hr); and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which non-Hg HAP metals 

emissions did not exceed 0.01140026

kg/hr (0.0230057 lb/hr).

3. Existing large 

tunnel kiln 

(design capacity 

≥10 tph of fired 

product), 

including all 

process streams.

ac. Hg emissions 

must not exceed 

12.1 E-05 kg/Mg 

(4.1 E-05 kg/Mg 

(2.2 E-05 lb/ton) 

of fired product or 

297.7 μg/dscm at 

717% O2 or 1.2.5 E04 kg/hr (2.75.5 E04 lb/hr).

i. The Hg emissions measured using 

Method 29 of 40 CFR part 60, 

appendix A-8 or its alternative, 

ASTM D6784-02 (Reapproved 2008)

(incorporated by reference, see 

§63.14), over the period of the 

initial performance test, do not 

exceed 12.1 E-05 kg/Mg (4.1 E-05 

kg/Mg (2.2 E-05 lb/ton) of fired 

product or 297.7 μg/dscm at 717% O2

or 1.2.5 E-04 kg/hr (2.75.5 E-04 

lb/hr); and
Page 71 of 90

For each...

For the 

following...

You have demonstrated initial 

compliance if...

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which Hg emissions did not 

exceed 12.1 E-05 kg/Mg (4.1 E-05 

kg/Mg (2.2 E-05 lb/ton) of fired 

product or 297.7 μg/dscm at 717% O2

or 1.2.5 E-04 kg/hr (2.75.5 E-04 

lb/hr).

3. Existing small 

tunnel kiln 

(design capacity 

<10 tph of fired 

product), 

including all 

process streams.

a. PM emissions 

must not exceed 

0.19 kg/Mg 

(0.37 lb/ton) of 

fired product or 

4.8 mg/dscm (0.0021

gr/dscf) at 17% O2; 

or

i. The PM emissions measured using 

Method 5 of 40 CFR part 60, 

appendix A-3 or Method 29 of 40 CFR 

part 60, appendix A-8, over the 

period of the initial performance 

test, according to the calculations 

in §63.8445(f)(1), do not exceed 

0.19 kg/Mg (0.37 lb/ton) of fired 

product or 4.8 mg/dscm (0.0021

gr/dscf) at 17% O2; and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which PM emissions did not 

exceed 0.19 kg/Mg (0.37 lb/ton) of 

fired product or 4.8 mg/dscm 

(0.0021 gr/dscf) at 17% O2.

b. Non-Hg HAP 

metals emissions 

must not exceed 

0.047 kg/hr (0.11

lb/hr).

i. The non-Hg HAP metals emissions 

measured using Method 29 of 40 CFR 

part 60, appendix A-8, over the 

period of the initial performance 

test, do not exceed 0.047 kg/hr 

(0.11 lb/hr); and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which non-Hg HAP metals 

emissions did not exceed 0.047

kg/hr (0.11 lb/hr).

4. Existing small 

tunnel kiln 

(design capacity 

<10 tph of fired 

product), 

including all 

process streams.

ac. Hg emissions 

must not exceed 

9.91.7 E-0504 kg/Mg 

(2.03.3 E-04 

lb/ton) of fired 

product or 7091

μg/dscm at 717% O2

or 8.5.0 E-04 kg/hr 

(0.00119 lb/hr).

i. The Hg emissions measured using 

Method 29 of 40 CFR part 60, 

appendix A-8 or its alternative, 

ASTM D6784-02 (Reapproved 2008)

(incorporated by reference, see 

§63.14), over the period of the 

initial performance test, do not 

exceed 9.91.7 E-0504 kg/Mg (2.03.3

E-04 lb/ton) of fired product or 

7091 μg/dscm at 717% O2 or 8.5.0 E04 kg/hr (0.00119 lb/hr); and
Page 72 of 90

For each...

For the 

following...

You have demonstrated initial 

compliance if...

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which Hg emissions did not 

exceed 9.91.7 E-0504 kg/Mg (2.03.3

E-04 lb/ton) of fired product or 

7091 μg/dscm at 717% O2 or 8.5.0 E04 kg/hr (0.00119 lb/hr).

54. New or 

reconstructed 

large tunnel 

kiln, (design 

capacity ≥10 tph 

of fired 

product),

including all 

process streams.

a. PM emissions 

must not exceed 

0.0110089 kg/Mg 

(0.022018 lb/ton) 

of fired product or 

153.2 mg/dscm

(0.0014 gr/dscf) at 

717% O2; or

i. The PM emissions measured using 

Method 5 of 40 CFR part 60, 

appendix A-3, over the period of 

the initial performance test, 

according to the calculations in 

§63.8445(f)(1), do not exceed 

0.0110089 kg/Mg (0.022018 lb/ton)

of fired product or 153.2 mg/dscm 

(0.0014 gr/dscf) at 717% O2; and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which PM emissions did not 

exceed 0.0110089 kg/Mg 

(0.022018 lb/ton) of fired product 

or 153.2 mg/dscm (0.0014 gr/dscf)

at 717% O2.

b. Non-Hg HAP 

metals emissions 

must not exceed 

0.001426 kg/hr 

(0.003257 lb/hr).

i. The non-Hg HAP metals emissions 

measured using Method 29 of 40 CFR 

part 60, appendix A-8, over the 

period of the initial performance 

test, do not exceed 0.001426 kg/hr 

(0.003257 lb/hr); and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which non-Hg HAP metals 

emissions did not exceed 0.001426

kg/hr (0.003257 lb/hr).

6. New or 

reconstructed 

large tunnel 

kiln, including 

all process 

streams.

ac. Hg emissions 

must not exceed 

1.04 E-05 kg/Mg 

(2.08 E-05 lb/ton) 

of fired product or 

136.2 μg/dscm at 

717% O2 or 1.16 E04 kg/hr (23.4 E-04 

lb/hr).

i. The Hg emissions measured using 

Method 29 of 40 CFR part 60, 

appendix A-8 or its alternative, 

ASTM D6784-02 (Reapproved 2008)

(incorporated by reference, see 

§63.14), over the period of the 

initial performance test, do not 

exceed 1.04 E-05 kg/Mg (2.08 E-05 

lb/ton) of fired product or 136.2

μg/dscm at 717% O2; or 1.6 E-04 

kg/hr (3.4 E-04 lb/hr); and
Page 73 of 90

For each...

For the 

following...

You have demonstrated initial 

compliance if...

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which Hg emissions did not 

exceed 1.04 E-05 kg/Mg (2.08 E-05 

lb/ton) of fired product or 136.2

μg/dscm at 717% O2 or 1.16 E-04 

kg/hr (23.4 E-04 lb/hr).

75. New or 

reconstructed 

small tunnel 

kiln, (design 

capacity <10 tph 

of fired 

product),

including all 

process streams.

a. HgPM emissions 

must not exceed 9.9 

E-05 0.015 kg/Mg 

(2.0 E-04 

.030 lb/ton) of 

fired product or 70 

μg4.7 mg/dscm 

(0.0021 gr/dscf) at 

717% O2; or 5.0 E04 kg/hr (0.0011 

lb/hr).

i. The HgPM emissions measured 

using Method 295 of 40 CFR part 60, 

appendix A-8 or its alternative, 

ASTM D6784-02 (Reapproved 2008)

(incorporated by reference, see 

§63.14),3, over the period of the 

initial performance test, according 

to the calculations in 

§63.8445(f)(1), do not exceed 9.9 

E-05 0.015 kg/Mg (2.0 E-04 

.030 lb/ton) of fired product or 70 

μg4.7 mg/dscm (0.0021 gr/dscf) at 

717% O2 or 5.0 E-04 kg/hr (0.0011 

lb/hr);; and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which HgPM emissions did not 

exceed 9.9 E-05 0.015 kg/Mg (2.0 E04 .030 lb/ton) of fired product or 

70 μg4.7 mg/dscm (0.0021 gr/dscf) 

at 717% O2.

b. Non-Hg HAP 

metals emissions 

must not exceed 

0.047 kg/hr (0.11

lb/hr).

i. The non-Hg HAP metals emissions 

measured using Method 29 of 40 CFR 

part 60, appendix A-8, over the 

period of the initial performance 

test, do not exceed 0.047 kg/hr 

(0.11 lb/hr); and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which non-Hg HAP metals 

emissions did not exceed 0.047 

kg/hr (0.11 lb/hr).
Page 74 of 90

For each...

For the 

following...

You have demonstrated initial 

compliance if...

c. Hg emissions 

must not exceed 1.7

E-04 kg/Mg (3.3 E04 lb/ton) of fired 

product or 91

μg/dscm at 17% O2

or 8.5 E-04 kg/hr 

(0.0019 lb/hr).

i. The Hg emissions measured using 

Method 29 of 40 CFR part 60, 

appendix A-8 or its alternative, 

ASTM D6784-02 (Reapproved 2008)

(incorporated by reference, see 

§63.14), over the period of the 

initial performance test, do not 

exceed 1.7 E-04 kg/Mg (3.3 E-04 

lb/ton) of fired product or 91

μg/dscm at 17% O2 or 8.5 E-04 kg/hr 

(0.0019 lb/hr); and

ii. You establish and have a record 

of the applicable operating limits 

listed in Table 2 to this subpart 

over the 3-hour performance test 

during which Hg emissions did not 

exceed 1.7 E-04 kg/Mg (3.3 E-04 

lb/ton) of fired product or 91

μg/dscm at 17% O2 or 8.5 E-04 kg/hr 

(0.0019 lb/hr).

6. Existing, new 

or reconstructed 

periodic kiln.

a. Minimize HAP 

emissions.

i. Develop a designed firing time 

and temperature cycle for each

product produced in the periodic 

kiln. You must either program the 

time and temperature cycle into 

your kiln or track each step on a 

log sheet; and

ii. Label each periodic kiln with 

the maximum load (in tons) of 

product that can be fired in the 

kiln during a single firing cycle; 

and

iii. Develop maintenance procedures 

for each kiln that, at a minimum,

specify the frequency of inspection 

and maintenance of temperature 

monitoring devices, controls that 

regulate air-to-fuel ratios, and 

controls that regulate firing 

cycles.

97. Existing, new 

or reconstructed 

tunnel kiln.

a. Minimize 

dioxin/furan 

emissions.

i. Conduct initial inspection of 

the burners and associated 

combustion controls (as 

applicable); and

ii. Tune the specific burner type 

to optimize combustion.
Page 75 of 90

As stated in §63.8470, you must demonstrate continuous 

compliance with each emission limitation and work practice 

standard that applies to you according to the following table:

Table 6 to Subpart JJJJJ of Part 63--Continuous Compliance with 

Emission Limitations and Work Practice Standards

For 

each...

For the 

following...

You must demonstrate continuous compliance 

by...

1. Tunnel 

kiln 

equipped 

with a 

DLA.

a. Each 

emission limit 

in Table 1 to 

this subpart 

and each 

operating limit 

in Item 1 of 

Table 2 to this 

subpart for 

tunnel kilns 

equipped with a 

DLA.

i. Collecting the DLA pressure drop data 

according to §63.8450(a); reducing the DLA 

pressure drop data to 3-hour block averages 

according to §63.8450(a); maintaining the 

average pressure drop across the DLA for each 

3-hour block period at or above the average 

pressure drop established during the HF/HCl/Cl2

performance test in which compliance was 

demonstrated; or continuously monitoring the 

bypass stack damper position at least once 

every 15 minutes during normal kiln operation, 

and initiating corrective action within 1 hour 

after the bypass damper is opened allowing the 

kiln exhaust gas to bypass the DLA and 

completing corrective action in accordance 

with your OM&M plan; and

ii. Verifying that the limestone hopper and 

storage bin (located at the top of the DLA) 

contain adequate limestone by performing a 

daily visual check, which could include one of 

the following: (1) conducting a physical check 

of the hopper; (2) creating a visual access 

point, such as a window, on the side of the 

hopper; (3) installing a camera in the hopper 

that provides continuous feed to a video 

monitor in the control room; or (4) confirming 

that load level indicators in the hopper are 

not indicating the need for additional 

limestone; and

iii. Recording the limestone feeder setting 

daily (on a per ton of fired product basis) to 

verify that the feeder setting is being 

maintained at or above the level established 

during the HF/HCl/Cl2 performance test; and in 

which compliance was demonstrated; and

iv. Using the same grade of limestone from the 

same source as was used during the HF/HCl/Cl2

performance test; maintaining records of the 

source and type of limestone; and
Page 76 of 90

For 

each...

For the 

following...

You must demonstrate continuous compliance 

by...

v. Performing VE observations of the DLA stack 

at the frequency specified in §63.8470(e) 

using Method 22 of 40 CFR part 60, appendix A7; maintaining no VE from the DLA stack.

2. Tunnel 

kiln 

equipped 

with a 

DIFF or 

DLS/FF.

a. Each 

emission limit 

in Table 1 to 

this subpart 

and each 

operating limit 

in Item 2 of 

Table 2 to this 

subpart for 

tunnel kilns 

equipped with 

DIFF or DLS/FF.

i. If you use a bag leak detection system, as 

prescribed in 63.8450(e), initiating 

corrective action within 1 hour of a bag leak 

detection system alarm and completing 

corrective actions in accordance with your 

OM&M plan; operating and maintaining the 

fabric filter such that the alarm is not 

engaged for more than 5 percent of the total 

operating time in a 6-month block reporting 

period; in calculating this operating time 

fraction, if inspection of the fabric filter 

demonstrates that no corrective action is 

required, no alarm time is counted; if 

corrective action is required, each alarm is 

counted as a minimum of 1 hour; if you take 

longer than 1 hour to initiate corrective 

action, the alarm time is counted as the 

actual amount of time taken by you to initiate 

corrective action; or performing VE 

observations of the DIFF or DLS/FF stack at 

the frequency specified in §63.8470(e) using 

Method 22 of 40 CFR part 60, appendix A-7; and 

maintaining no VE from the DIFF or DLS/FF 

stack; and

ii. Verifying that lime is free-flowing via a 

load cell, carrier gas/lime flow indicator, 

carrier gas pressure drop measurement system, 

or other system; recording all monitor or 

sensor output, and if lime is found not to be 

free flowing, promptly initiating and 

completing corrective actions in accordance 

with your OM&M plan; recording the feeder 

setting once during each shift of operation to 

verify that the feeder setting is being

maintained at or above the level established 

during the HF/HCl/Cl2 performance test. in 

which compliance was demonstrated.

3. Tunnel 

kiln 

equipped 

with a WS.

a. Each 

emission limit 

in Table 1 to 

this subpart 

and each 

operating limit 

in Item 3 of 

Table 2 to this 

subpart for 

tunnel kilns 

equipped with 

WS.

i. Collecting the scrubber pressure dropliquid 

pH data according to §63.8450(a); reducing the 

scrubber pressure dropliquid pH data to 3-hour 

block averages according to §63.8450(a); 

maintaining the average scrubber pressure 

dropliquid pH for each 3-hour block period at 

or above the average pressure dropscrubber 

liquid pH established during the PM/non-Hg HAP 

metalsHF/HCl/Cl2 performance test in which 

compliance was demonstrated; and

Merged Cells
Page 77 of 90

For 

each...

For the 

following...

You must demonstrate continuous compliance 

by...

ii. Collecting the scrubber liquid pH data 

according to §63.8450(a); reducing the 

scrubber liquid pH data to 3-hour block 

averages according to §63.8450(a); maintaining 

the average scrubber liquid pH for each 3-hour 

block period at or above the average scrubber 

liquid pH established during the HF/HCl/Cl2

performance test; and

iii. Collecting the scrubber liquid flow rate 

data according to §63.8450(a); reducing the 

scrubber liquid flow rate data to 3-hour block 

averages according to §63.8450(a); maintaining 

the average scrubber liquid flow rate for each 

3-hour block period at or above the highest 

average scrubber liquid flow rate established 

during the HF/HCl/Cl2 and PM/non-Hg HAP metals 

performance tests; and in which compliance was 

demonstrated.

iv. If chemicals are added to the scrubber 

water, collecting the scrubber chemical feed 

rate data according to §63.8450(a); reducing 

the scrubber chemical feed rate data to 3-hour 

block averages according to §63.8450(a); 

maintaining the average scrubber chemical feed 

rate for each 3-hour block period at or above 

the average scrubber chemical feed rate 

established during the HF/HCl/Cl2 performance 

test.

4. Tunnel 

kiln 

equipped 

with an 

ACI 

system.

Each emission 

limit in Table 

1 to this 

subpart and 

each operating 

limit in Item 4 

of Table 2 to 

this subpart 

for tunnel 

kilns equipped 

with ACI 

system.

Collecting the carbon flow rate data according 

to §63.8450(a); reducing the carbon flow rate 

data to 3-hour block averages according to 

§63.8450(a); maintaining the average carbon 

flow rate for each 3-hour block period at or 

above the average carbon flow rate established 

during the Hg performance test. in which 

compliance was demonstrated.

5. Tunnel 

kiln with 

no add-on 

control

a. Each 

emission limit 

in Table 1 to 

this subpart 

and each 

operating limit 

in Item 5 of 

Table 2 to this 

subpart for 

tunnel kilns 

with no add-on 

control.

i. Performing VE observations of the stack at 

the frequency specified in §63.8470(e) using 

Method 22 of 40 CFR part 60, appendix A-7; and 

maintaining no VE from the stack.
Page 78 of 90

For 

each...

For the 

following...

You must demonstrate continuous compliance 

by...

ii. If your last calculated total facility 

maximum potential HCl-equivalent was not at or 

below the health-based standard in Table 1 to 

this subpart, collecting the kiln process rate 

data according to §63.8450(a); reducing the 

kiln process rate data to 3-hour block 

averages according to §63.8450(a); maintaining 

the average kiln process rate for each 3-hour 

block period at or below the kiln process rate 

determined according to §63.8445(g)(1).

6. 

Periodic 

kiln

a. Minimize HAP 

emissions.

i. Using a designed firing time and 

temperature cycle for each product produced in 

the periodic kiln; and

ii. For each firing load, documenting the 

total tonnage of product placed in the kiln to 

ensure that it is not greater than the maximum 

load identified in Item 1.a.ii of Table 3 to 

this subpart; and

iii. Following maintenance procedures for each 

kiln that, at a minimum, specify the frequency 

of inspection and maintenance of temperature 

monitoring devices, controls that regulate 

air-to-fuel ratios, and controls that regulate 

firing cycles; and

iv. Developing and maintaining records for 

each periodic kiln, as specified in §63.8490.

7. Tunnel 

kiln

a. Minimize 

dioxin/furan 

emissions

i. Maintaining and inspecting the burners and 

associated combustion controls (as applicable) 

and tuning the specific burner type to 

optimize combustion no later than 36 calendar 

months after the previous tune-up; and

ii. Maintaining records of burner tune-ups

used to demonstrate compliance with the 

dioxin/furan work practice standard; and

iii. Submitting a report of most recent tuneup conducted with compliance report.

As stated in §63.848395, you must submitmeet each 

reportcompliance date in the following table that applies to you

according to the following table:

Table 7Table 7 to Subpart JJJJJ of Part 63--Compliance Dates
Page 79 of 90

If you have a(n)... Then you must... No later than...

1. New or reconstructed 

affected source and the initial 

startup of your affected source 

is after December 18, 2014, but 

before [insert date 60 days 

from date of publication in the 

Federal Register]

Comply with the 

applicable emission 

limitations and work 

practice standards in 

Tables 1, 2, and 3 to 

this subpart

[Insert date 60 

days from date 

of publication

in the Federal 

Register].

2. New or reconstructed 

affected source and the initial 

startup of your affected source 

is after [insert date 60 days 

from date of publication in the 

Federal Register]

Comply with the 

applicable emission 

limitations and work 

practice standards in 

Tables 1, 2, and 3 to 

this subpart

Initial startup 

of your affected 

source.

3. Existing affected source Comply with the 

applicable emission 

limitations and work 

practice standards in 

Tables 1, 2, and 3 to 

this subpart

[Insert date 3 

years and 60 

days from date 

of publication

in the Federal 

Register].

4. Existing area source that 

increases its emissions or its 

potential to emit such that it 

becomes a major source of HAP 

by adding a new affected source 

or by reconstructing

Be in compliance with 

this subpart

Initial startup 

of your affected 

source as a 

major source.

5. New area source (i.e., an 

area source for which 

construction or reconstruction 

commenced after December 18, 

2014) that increases its 

emissions or its potential to 

emit such that it becomes a 

major source of HAP

Be in compliance with 

this subpart

Initial startup 

of your affected 

source as a 

major source.

As stated in §63.8480, you must submit each notification 

that applies to you according to the following table:

Table 8 to Subpart JJJJJ of Part 63--Deadlines for Submitting 

Notifications

If you... You must... No later than...

As specified 

in...

1. Start up your 

affected source before 

[insert date 60 days 

from date of 

publication in the 

Federal Register]

Submit an 

Initial 

Notification

[Insert date 240

days from date of 

publication in 

the Federal 

Register]

§63.9(b)(2).
Page 80 of 90

2. Start up your new or 

reconstructed affected 

source on or after 

[insert date 60 days 

from date of 

publication in the 

Federal Register]

Submit an 

Initial 

Notification

120 calendar days 

after you become 

subject to this 

subpart

§63.9(b)(2).

3. Are required to 

conduct a performance 

test

Submit a 

notification of 

intent to 

conduct a 

performance test

60 calendar days 

before the 

performance test 

is scheduled to 

begin

§63.7(b)(1).

4. Are required to 

conduct a compliance 

demonstration that 

includes a performance 

test according to the 

requirements in Table 4 

to this subpart

Submit a 

Notification of 

Compliance 

Status, 

including the 

performance test 

results

60 calendar days 

following the 

completion of the 

performance test, 

by the close of 

business

§63.9(h) and 

§63.10(d)(2).

5. Are required to 

conduct a compliance 

demonstration required 

in Table 5 to this 

subpart that does not 

include a performance 

test (i.e., compliance 

demonstrations for the 

work practice 

standards)

Submit a 

Notification of 

Compliance 

Status

30 calendar days 

following the 

completion of the 

compliance 

demonstrations, 

by the close of 

business

§63.9(h).

6. Request to use the

routine control device 

maintenance alternative 

standard according to 

§63.8420(d)

Submit your 

request

120 calendar days 

before the 

compliance date 

specified in 

§63.8395.

As stated in §63.8485, you must submit each report that 

applies to you according to the following table:

Table 9 to Subpart JJJJJ of Part 63--Requirements for Reports
Page 81 of 90

You must 

submit... The report must contain...

You must submit 

the report...

1. A 

compliance 

report.

a. If there are no deviations from any 

emission limitations (emission limits, 

operating limits) that apply to you, a 

statement that there were no deviations 

from the emission limitations during the 

reporting period. If there were no 

periods during which the CMS was out-ofcontrol as specified in your OM&M plan, a 

statement that there were no periods 

during which the CMS was out-of-control 

during the reporting period.

Semiannually 

according to the 

requirements in 

§63.8485(b).

b. If you have a deviation from any 

emission limitation (emission limit, 

operating limit) during the reporting 

period, the report must contain the 

information in §63.8485(d) or (ec)(9). If 

there were periods during which the CMS 

was out-of-control, as specified in your 

OM&M plan, the report must contain the 

information in §63.8485(ed).

Semiannually 

according to the 

requirements in 

§63.8485(b).

As stated in §63.8505, you must comply with the General 

Provisions in §§63.1 through 63.16 that apply to you according 

to the following table:

Table 810 to Subpart JJJJJ of Part 63--Applicability of General 

Provisions to Subpart JJJJJ

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.1 Applicability. Initial applicability 

determination; 

applicability after 

standard established; 

permit requirements; 

extensions, 

notifications.

Yes.

§63.2 Definitions. Definitions for part 

63 standards.

Yes.

§63.3 Units and 

Abbreviations.

Units and 

abbreviations for 

part 63 standards.

Yes.

§63.4 Prohibited 

Activities.

Compliance date; 

circumvention; 

severability.

Yes.
Page 82 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.5 Construction/

Reconstruction.

Applicability; 

applications; 

approvals.

Yes.

§63.6(a) Applicability. General Provisions 

(GP) apply unless 

compliance extension; 

GP apply to area 

sources that become 

major.

Yes.

§63.6(b)(1)-(4) Compliance 

Dates for New 

and 

Reconstructed 

sources.

Standards apply at 

effective date; 3 

years after effective 

date; upon startup; 

10 years after 

construction or 

reconstruction 

commences for section 

112(f).

Yes.

§63.6(b)(5) Notification. Must notify if 

commenced 

construction or 

reconstruction after 

proposal.

Yes.

§63.6(b)(6) [Reserved]. No.

§63.6(b)(7) Compliance 

Dates for New 

and 

Reconstructed 

Area Sources 

That Become 

Major.

Area sources that 

become major must 

comply with major 

source standards 

immediately upon 

becoming major, 

regardless of whether 

required to comply 

when they were area 

sources.

Yes.

§63.6(c)(1)-(2) Compliance 

Dates for 

Existing 

Sources.

Comply according to 

date in subpart, 

which must be no 

later than 3 years 

after effective date; 

for section 112(f) 

standards, comply 

within 90 calendar 

days of effective 

date unless 

compliance extension.

Yes.

§63.6(c)(3)-(4) [Reserved]. No.
Page 83 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.6(c)(5) Compliance 

Dates for 

Existing Area 

Sources That 

Become Major.

Area sources that 

become major must 

comply with major 

source standards by 

date indicated in 

subpart or by 

equivalent time 

period (for example, 

3 years).

Yes.

§63.6(d) [Reserved]. No.

§63.6(e)(1)(i) Operation & 

Maintenance.

General Duty to 

minimize emissions.

No. See 

§63.8420(b) for 

general duty 

requirement.

§63.6(e)(1)(ii) Operation & 

Maintenance.

Requirement to 

correct malfunctions 

ASAP.

No.

§63.6(e)(1)(iii) Operation &

Maintenance.

Operation and 

maintenance 

requirements

enforceable 

independent of 

emissions 

limitations.

Yes.

§63.6(e)(2) [Reserved]. No.

§63.6(e)(3) Startup,

Shutdown, and

Malfunction

Plan (SSMP).

Requirement for 

startup, shutdown, 

and malfunction (SSM) 

and SSMP; content of 

SSMP. 

No.

§63.6(f)(1) Compliance 

Except During 

SSM.

You must comply with 

emission standards at 

all times except 

during SSM.

No.

§63.6(f)(2)-(3) Methods for 

Determining 

Compliance.

Compliance based on 

performance test, 

operation and 

maintenance plans, 

records, inspection.

Yes.

§63.6(g) Alternative

Standard.

Procedures for 

getting an 

alternative standard.

Yes.

§63.6(h) Opacity/VE

Standards.

Requirements for 

opacity and VE 

standards.

No, not 

applicable.
Page 84 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.6(i) Compliance 

Extension.

Procedures and 

criteria for 

Administrator to 

grant compliance 

extension.

Yes.

§63.6(j) Presidential 

Compliance 

Exemption.

President may exempt 

source category.

Yes.

§63.7(a)(1)-(2) Performance 

Test Dates.

Dates for conducting 

initial performance 

testing and other 

compliance 

demonstrations for 

emission limits and 

work practice 

standards; must 

conduct 180 calendar 

days after first 

subject to rule.

Yes.

§63.7(a)(3) Section 114 

Authority.

Administrator may 

require a performance 

test under CAA 

section 114 at any 

time.

Yes.

§63.7(a)(4) Notification of 

Delay in 

Performance 

Testing Due To 

Force Majeure.

Must notify 

Administrator of 

delay in performance 

testing due to force 

majeure.

Yes.

§63.7(b)(1) Notification of 

Performance 

Test.

Must notify 

Administrator 60 

calendar days before 

the test.

Yes.

§63.7(b)(2) Notification of 

Rescheduling.

Must notify 

Administrator 5 

calendar days before 

scheduled date of 

rescheduled date.

Yes.

§63.7(c) Quality 

Assurance(QA)/ 

Test Plan.

Requirements; test 

plan approval 

procedures; 

performance audit 

requirements; 

internal and external 

QA procedures for 

testing.

Yes.

§63.7(d) Testing 

Facilities.

Requirements for 

testing facilities.

Yes.
Page 85 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.7(e)(1) Conditions for 

Conducting 

Performance 

Tests.

Cannot conduct 

performance tests 

during SSM; not a 

violation to exceed 

standard during SSM.

No, §63.8445 

specifies 

requirements.

§63.7(e)(2)-(3) Conditions for 

Conducting 

Performance 

Tests.

Must conduct 

according to subpart 

and EPA test methods 

unless Administrator 

approves alternative; 

must have at least 

three test runs of at 

least 1 hour each; 

compliance is based 

on arithmetic mean of 

three runs; 

conditions when data 

from an additional 

test run can be used.

Yes.

§63.7(e)(4) Testing under 

Section 114

Administrator'’s 

authority to require 

testing under section 

114 of the Act.

Yes.

§63.7(f) Alternative

Test Method.

Procedures by which 

Administrator can 

grant approval to use 

an alternative test 

method.

Yes.

§63.7(g) Performance 

Test Data 

Analysis.

Must include raw data 

in performance test 

report; must submit 

performance test data 

60 calendar days 

after end of test 

with the notification 

of compliance status.

Yes.

§63.7(h) Waiver of 

Tests.

Procedures for 

Administrator to 

waive performance 

test.

Yes.

§63.8(a)(1) Applicability 

of Monitoring

Requirements.

Subject to all 

monitoring 

requirements in 

subpart.

Yes.

§63.8(a)(2) Performance 

Specifications.

Performance 

Specifications in 

appendix B of 40 CFR 

part 60 apply.

Yes.

§63.8(a)(3) [Reserved]. No.
Page 86 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.8(a)(4) Monitoring with 

Flares.

Requirements for 

flares in §63.11 

apply.

No, not 

applicable.

§63.8(b)(1) Monitoring. Must conduct 

monitoring according 

to standard unless 

Administrator 

approves alternative.

Yes.

§63.8(b)(2)-(3) Multiple 

Effluents and 

Multiple 

Monitoring 

Systems.

Specific requirements 

for installing and 

reporting on 

monitoring systems.

Yes.

§63.8(c)(1) Monitoring 

System 

Operation and 

Maintenance.

Maintenance 

consistent with good 

air pollution control 

practices.

Yes.

§63.8(c)(1)(i) Routine and 

Predictable 

SSM.

Reporting 

requirements for SSM 

when action is 

described in SSMP.

No.

§63.8(c)(1)(ii) SSM not in 

SSMP.

Reporting 

requirements for SSM 

when action is not 

described in SSMP.

Yes.

§63.8(c)(1)(iii) Compliance with 

Operation and 

Maintenance 

Requirements.

How Administrator 

determines if source 

complying with 

operation and 

maintenance 

requirements.

No.

§63.8(c)(2)-(3) Monitoring 

System 

Installation.

Must install to get 

representative 

emission and 

parameter 

measurements.

Yes.

§63.8(c)(4) CMS 

Requirements.

Requirements for CMS. No, §63.8450 

specifies 

requirements.

§63.8(c)(5) Continuous 

Opacity 

Monitoring 

System (COMS) 

Minimum 

Procedures.

COMS minimum 

procedures.

No, not 

applicable.

§63.8(c)(6) CMS 

Requirements.

Zero and high level 

calibration check 

requirements.

Yes.
Page 87 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.8(c)(7)-(8) CMS 

Requirements.

Out-of-control 

periods.

Yes.

§63.8(d)(1) and 

(2)

CMS Quality 

Control.

Requirements for CMS 

quality control.

Yes.

§63.8(d)(3) CMS Quality 

Control.

Written procedures 

for CMS.

No,

§63.8425(b)(9)

specifies 

requirements

§63.8(e) CMS Performance

Evaluation.

Requirements for CMS 

performance 

evaluation.

Yes.

§63.8(f)(1)-(5) Alternative

Monitoring

Method.

Procedures for 

Administrator to 

approve alternative 

monitoring.

Yes.

§63.8(f)(6) Alternative to

Relative 

Accuracy Test.

Procedures for 

Administrator to 

approve alternative 

relative accuracy 

test for continuous 

emissions monitoring 

systems (CEMS).

No, not 

applicable.

§63.8(g) Data Reduction. COMS and CEMS data 

reduction 

requirements.

No, not 

applicable.

§63.9(a) Notification

Requirements.

Applicability; State 

delegation.

Yes.

§63.9(b) Initial 

Notifications.

Requirements for 

initial 

notifications.

Yes.

§63.9(c) Request for

Compliance

Extension.

Can request if cannot 

comply by date or if 

installed BACT/LAER.

Yes.

§63.9(d) Notification of 

Special

Compliance

Requirements

for New Source.

For sources that 

commence construction 

between proposal and 

promulgation and want 

to comply 3 years 

after effective date.

Yes.

§63.9(e) Notification of 

Performance

Test.

Notify Administrator 

60 calendar days 

prior.

Yes.

§63.9(f) Notification of 

VE/Opacity

Test.

Notify Administrator 

30 calendar days 

prior.

No, not 

applicable.
Page 88 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.9(g)(1) Additional 

Notifications 

When Using CMS.

Notification of 

performance 

evaluation.

Yes

§63.9(g)(2)-(3) Additional 

Notifications 

When Using CMS.

Notification of COMS 

data use; 

notification that 

relative accuracy 

alternative criterion 

were exceeded.

No, not 

applicable.

§63.9(h) Notification of 

Compliance

Status.

Contents; submittal 

requirements.

Yes.

§63.9(i) Adjustment of

Submittal 

Deadlines.

Procedures for 

Administrator to 

approve change in 

when notifications 

must be submitted.

Yes.

§63.9(j) Change in 

Previous 

Information.

Must submit within 15 

calendar days after 

the change.

Yes.

§63.10(a) Recordkeeping/

Reporting.

Applicability; 

general information.

Yes.

§63.10(b)(1) General 

Recordkeeping 

Requirements.

General requirements. Yes.

§63.10(b)(2)(i) Records Related 

to SSM.

Recordkeeping of 

occurrence and 

duration of startups 

and shutdowns.

No.
Page 89 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.10(b)(2)(ii) Records Related 

to SSM.

Recordkeeping of 

failures to meet a 

standard.

No. See 

§63.8490(c)(2)

for 

recordkeeping 

of (1) date, 

time and 

duration; (2) 

listing of 

affected source 

or equipment, 

and an estimate 

of the volume 

of each 

regulated 

pollutant 

emitted over 

the standard; 

and (3) actions 

to minimize 

emissions and 

correct the 

failure.

§63.10(b)(2)(iii) Records Related 

to SSM.

Maintenance records. Yes.

§63.10(b)(2)(iv)-

(v)

Records Related 

to SSM.

Actions taken to 

minimize emissions 

during SSM.

No.

§63.10(b)(2)(vi)-

(xii) and (xiv)

CMS Records. Records when CMS is 

malfunctioning, 

inoperative or outof-control.

Yes.

§63.10(b)(2)(xiii) Records. Records when using 

alternative to 

relative accuracy 

test.

No, not 

applicable.

§63.10(b)(3) Records. Applicability 

Determinations.

Yes.

§63.10(c)(1)-(15) Records. Additional records 

for CMS

No, §§63.8425 

and 63.8490 

specify 

requirements.

§63.10(d)(1) and

(2)

General 

Reporting

Requirements.

Requirements for 

reporting; 

performance test 

results reporting.

Yes.

§63.10(d)(3) Reporting 

Opacity or VE

Observations.

Requirements for 

reporting opacity and 

VE.

No, not 

applicable.
Page 90 of 90

Citation Subject Brief Description

Applies to 

Subpart JJJJJ?

§63.10(d)(4) Progress 

Reports.

Must submit progress 

reports on schedule 

if under compliance 

extension.

Yes.

§63.10(d)(5) SSM

Reports.

Contents and 

submission.

No. See 

§63.8485(fc)(9)

for malfunction 

reporting 

requirements.

§63.10(e)(1)-(3) Additional CMS

Reports.

Requirements for CMS 

reporting.

No, §§63.8425 

and 63.8485 

specify 

requirements.

§63.10(e)(4) Reporting COMS 

data.

Requirements for 

reporting COMS data 

with performance test 

data.

No, not 

applicable.

§63.10(f) Waiver for

Recordkeeping/

Reporting.

Procedures for 

Administrator to 

waive.

Yes.

§63.11 Flares. Requirement for 

flares.

No, not 

applicable.

§63.12 Delegation. State authority to 

enforce standards.

Yes.

§63.13 Addresses. Addresses for 

reports, 

notifications, 

requests.

Yes.

§63.14 Incorporation 

by Reference.

Materials 

incorporated by 

reference.

Yes.

§63.15 Availability of 

Information.

Information 

availability; 

confidential 

information.

Yes.

§63.16 Performance 

Track 

Provisions.

Requirements for 

Performance Track 

member facilities.

Yes.