From: Amy Cole/DC/USEPA/US

To: Alexander Cristofaro/DC/USEPA/US@EPA, Lesley

 Schaaff/DC/USEPA/US@EPA, Nicole Owens/DC/USEPA/US@EPA,

 Mariana Cubeddu/DC/USEPA/US@EPA, Bruce

 Schillo/DC/USEPA/US@EPA, Eileen Pritchard/DC/USEPA/US@EPA,

 Robin Kime/DC/USEPA/US@EPA, Paul Balserak/DC/USEPA/US@EPA,

 Tracey Westfield/DC/USEPA/US@EPA, William

 Nickerson/DC/USEPA/US@EPA

Cc: Alan Rush/DC/USEPA/US@EPA, Joseph-J

 Dougherty/DC/USEPA/US@EPA, Mary Henigin/DC/USEPA/US@EPA,

 Wanda Farrar/DC/USEPA/US@EPA, Ruthw Morgan/DC/USEPA/US@EPA

Date: 12/27/2011 09:36 AM

Subject: APPROVED & TRANSMITTED to OMB - NESHAP for Polyvinyl

 Chloride and Copolymers Production

Today OP approved for OMB review the Final Rule, NESHAP for Polyvinyl

Chloride and Copolymers Production. This significant action is attached

below and was developed as a tier 2 action.

(Embedded image moved to file: pic13149.gif)

(See attached file: E.O.12866_PVC Production 2060-AN33

Final_20111221.docx)

Amy L. Cole

Regulatory Management Division

US Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Phone: 202.564.6535

Office: 6440T ARN
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During Review***

6560-50-P

EO12866_PVC Production 2060-AN33 Final_20111221

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0037; FRL- ]

RIN 2060-AN33

National Emission Standards for Hazardous Air Pollutants for 

Polyvinyl Chloride and Copolymers Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is promulgating National Emission Standards for 

Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers 

Production. The final rules establish emission standards for 

hazardous air pollutants from polyvinyl chloride and copolymers 

production located at major and area sources. The final rules 

include requirements to demonstrate initial and continuous 

compliance with the emission standards. This action promulgates 

standards that apply at all times, including periods of startup, 

shutdown and malfunctions. The final standards also include 

monitoring provisions and recordkeeping and reporting 

requirements. 

DATES: The final rules are effective on [INSERT DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]. The incorporation by 

reference of certain publications listed in the rule is approved
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by the Director of the Federal Register as of [INSERT DATE OF 

PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: The EPA has established a docket for this action 

under Docket ID No. EPA-HQ-OAR-2002-0037. All documents in the 

docket are listed on the http://www.regulations.gov website. 

Although listed in the index, some information is not publicly 

available, e.g., confidential business information or other 

information whose disclosure is restricted by statute. Certain 

other material, such as copyrighted material, is not placed on 

the Internet and will be publicly available only in hard copy 

form. Publicly available docket materials are available either 

electronically through http://www.regulations.gov or in hard

copy at the EPA's Docket Center, Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution Avenue, NW, Washington, 

DC 20004. This Docket Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding legal holidays. The 

telephone number for the Public Reading Room is (202) 566-1744

and the telephone number for the EPA Docket Center is (202) 566-

1742.

FOR FURTHER INFORMATION CONTACT: Ms. Jodi Howard, Sector

Policies and Programs Division (E143-01), Office of Air Quality 

Planning and Standards, U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 27711; Telephone number: 
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(919) 541-4607; Fax number: (919) 541-0246; email address: 

howard.jodi@epa.gov. 

SUPPLEMENTARY INFORMATION:

Acronyms and Abbreviations. The following acronyms and 

abbreviations are used in this document.

CAA Clean Air Act 

CDD/CDF chlorinated dibenzo-dioxins and furans 

CDX Central Data Exchange

CEMS continuous emission monitoring system

CPMS continuous parameter monitoring system

dscm dry standard cubic meter

EDC ethylene dichloride

ERT Electronic Reporting Tool

ft

3 cubic feet

GACT generally available control technologies or management 

practices

HMW high molecular weight 

HAP hazardous air pollutants

HCl hydrogen chloride 

HON Hazardous Organic NESHAP

ICR information collection request

K kurtosis

LAER lowest achievable emission rate

lbs/yr pounds per year 

LDAR leak detection and repair

l/min liters per minute

LMW low molecular weight

m

3 cubic meters

MACT maximum achievable control technology

MON miscellaneous organic chemical manufacturing NESHAP

NAICS North American Industry Classification System

NESHAP national emission standards for hazardous air 

pollutants

ng nanograms

ng/dscm nanograms per dry standard cubic meter

NTTAA National Technology Transfer and Advancement Act
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OP Office of Policy

POD point of determination

POG point of generation

ppbv parts per billion by volume

ppbw parts per billion by weight

ppm parts per million

ppmv parts per million by volume 

ppmw parts per million by weight

PRD pressure relief device

psia pounds per square inch absolute

PVC polyvinyl chloride and copolymers

PVCPU PVC production process unit

RCRA Resource Conservation and Recovery Act

RFA Regulatory Flexibility Act

RIN Regulatory Information Number

S skewness

SEK standard error of kurtosis 

SES standard error of skewness

Strategy Integrated Urban Air Toxics Strategy 

TCEQ Texas Commission on Environmental Quality 

TEF toxic equivalency factor 

TEQ toxic equivalent

THC total hydrocarbon

tpy tons per year

TTN Technology Transfer Network

TNMHC total non-methane hydrocarbon 

UMRA Unfunded Mandates Reform Act 

UPL upper predictive limit

VACO vinyl acetate copolymer

VCM vinyl chloride monomer

VOC volatile organic compound

WWW World Wide Web 

Organization of This Document. The following outline is

provided to aid in locating information in this preamble.

I. General Information

A. Does this action apply to me?

B. Where can I get a copy of this document?

C. Judicial Review
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II. Background Information for this Final Rule

A. What is the statutory authority for the final PVC rules?

B. The EPA‘s Response to the Vacatur

III. Summary of Significant Changes Since Proposal

A. Applicability

B. Subcategories

C. Emission Standards

D. Initial and Continuous Compliance, and Recordkeeping and 

 Reporting

E. Area Source Requirements 

F. New and Revised Definitions

IV. Summary of the Final Rules

A. What is the affected source?

B. When must I comply with the major and area source standards?

C. What is the relationship between the final rule for major 

sources and the existing 40 CFR part 61 standards?

D. Are there subcategories for major sources?

E. What emission standards must I meet for major sources?

F. What are the initial and continuous compliance requirements

for major sources?

G. What are the performance testing requirements for batch 

 process operations at major sources?

H. What are the notification, recordkeeping and reporting

 requirements at major sources?

I. What are the requirements for area sources?

J. What are the electronic data submittal requirements?

V. Significant Public Comments and Rationale for Changes to the 

 Proposed Rule

A. Affected Source

B. Overlapping Rules

C. Pollutants Regulated

D. Subcategories

E. MACT Floor Calculation

F. Emission Source Requirements

G. Initial and Continuous Compliance and Recordkeeping and 

 Reporting

H. Area Sources 

I. Definitions

J. Cost and Emission Impacts

K. Economic Impacts

L. Affirmative Defense
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VI. Impacts of the Final PVC Rule

A. What are the air impacts?

B. What are the cost impacts?

C. What are the non-air quality health, environmental and energy 

 impacts?

D. What are the economic impacts of the final standards?

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and 

 Executive Order 13563: Improving Regulation and Regulatory 

 Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with 

 Indian Tribal Governments

G. Executive Order 13045: Protection of Children from 

 Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions Concerning Regulations That 

 Significantly Affect Energy Supply, Distribution, or Use 

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address 

 Environmental Justice in Minority Populations and Low-Income 

 Populations

K. Congressional Review Act

I. General Information

A. Does this action apply to me?

The final rules establish national emission standards for

hazardous air pollutants (NESHAP) for polyvinyl chloride and 

copolymer (PVC) production. The regulated categories and 

entities potentially affected by these standards include the 

following:

Category

NAICS1

Code

Examples of Potentially 

Regulated Entities
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Polyvinyl chloride 

resins manufacturing

325211 Facilities that polymerize vinyl

chloride monomer to produce 

polyvinyl chloride and/or 

copolymers products.

1 North American Industry Classification System.

This table is not intended to be exhaustive, but rather 

provides a guide for readers regarding entities likely to be 

affected by this action. To determine whether your facility, 

company, business, organization, etc., is affected by this 

action, you should examine the applicability criteria in 40 CFR 

part 63, subpart HHHHHHH (National Emission Standards for 

Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers 

Production) and in 40 CFR part 63, subpart DDDDDD (National 

Emission Standards for Hazardous Air Pollutants for Polyvinyl 

Chloride and Copolymers Production Area Sources). 

A polyvinyl chloride and copolymer production facility is

not subject to either subpart if it is a research and 

development facility, as defined in section 112(c)(7) of the 

Clean Air Act (CAA). If you have any questions regarding the 

applicability of this final action to a particular entity, 

contact the person listed in the preceding FOR FURTHER 

INFORMATION CONTACT section.

B. Where can I get a copy of this document?

In addition to being available in the docket, an electronic 

copy of this action will also be available on the World Wide Web 
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(WWW) through the Technology Transfer Network (TTN). Following 

signature, a copy of the final action will be posted on the 

TTN‘s policy and guidance page for newly proposed or promulgated 

rules at the following address: http://www.epa.gov/ttn/oarpg/. 

The TTN provides information and technology exchange in various 

areas of air pollution control. 

C. Judicial Review

Under CAA section 307(b)(1), judicial review of this final 

rule is available only by filing a petition for review in the 

United States Court of Appeals for the District of Columbia 

Circuit by [INSERT DATE 60 DAYS FROM DATE OF PUBLICATION IN THE 

FEDERAL REGISTER]. Under CAA section 307(d)(7)(B), only an 

objection to this final rule that was raised with reasonable 

specificity during the period for public comment (including any 

public hearing) can be raised during judicial review. This 

section also provides a mechanism for the EPA to convene a 

proceeding for reconsideration, ―[i]f the person raising an 

objection can demonstrate to EPA that it was impracticable to 

raise such objection within [the period for public comment] or 

if the grounds for such objection arose after the period for 

public comment (but within the time specified for judicial 

review) and if such objection is of central relevance to the 

outcome of this rule.‖ Any person seeking to make such a 
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demonstration to the EPA should submit a Petition for 

Reconsideration to the Office of the Administrator, 

Environmental Protection Agency, Room 3000, Ariel Rios Building, 

1200 Pennsylvania Ave., NW, Washington, DC 20460, with a copy to 

the contact listed in the preceding FOR FURTHER INFORMATION 

CONTACT section, and the Associate General Counsel for the Air 

and Radiation Law Office, Office of General Counsel for the Air 

and Radiation Law Office (Mail Code 2344A), Environmental 

Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 

20460. Note, under CAA section 307(b)(2), the requirements 

established by this final rule may not be challenged separately 

in any civil or criminal proceedings brought by the EPA to 

enforce these requirements.

II. Background Information for this Final Rule

A. What is the statutory authority for the final PVC rules?

Section 112(d) of the CAA requires the EPA to establish 

NESHAP for source categories and subcategories of both major and 

area sources of hazardous air pollutants (HAP) that are listed 

for regulation under CAA section 112(c). A major source emits or 

has the potential to emit 10 tons per year (tpy) or more of any 

single HAP or 25 tpy or more of any combination of HAP. An area 

source is a HAP-emitting stationary source that is not a major 

source.
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Section 112(d) of the CAA requires the EPA to set emissions 

standards for HAP emitted by major stationary sources, based on 

performance of the maximum achievable control technology (MACT). 

The MACT standards for existing sources must be at least as 

stringent as the average emissions limitation achieved by the 

best performing 12 percent of existing sources (for which the 

Administrator has emissions information) or the best performing 

five sources for source categories or subcategories with fewer

than 30 sources (CAA section 112(d)(3)(A) and (B)). This minimum

level of stringency is called the MACT floor. For new sources, 

MACT standards must be at least as stringent as the control 

level achieved in practice by the best controlled similar source 

(CAA section 112(d)(3)). The EPA also must consider more 

stringent ―beyond-the-floor‖ control options. When considering 

beyond-the-floor options, the EPA must consider not only the 

maximum degree of reduction in emissions of HAP, but must take 

into account costs, energy and non-air quality health and 

environmental impacts when doing so.

Section 112(k)(3)(B) of the CAA requires the EPA to 

identify at least 30 HAP which, as a result of emissions from 

area sources, pose the greatest threat to public health in the 

largest number of urban areas. The EPA implemented this 

provision in 1999 in the Integrated Urban Air Toxics Strategy 
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(Strategy) (64 FR 38715, July 19, 1999). Specifically, in the 

Strategy, the EPA identified 30 HAP that pose the greatest 

potential health threat in urban areas, and these HAP are 

referred to as the ―30 urban HAP.‖ CAA section 112(c)(3) 

requires the EPA to list sufficient categories or subcategories 

of area sources to ensure that area sources representing 90 

percent of the emissions of the 30 urban HAP are subject to 

regulation. A primary goal of the Strategy is to achieve a 75-

percent reduction in cancer incidence attributable to HAP 

emitted from stationary sources.

Under CAA section 112(d)(5), the EPA can promulgate 

standards or requirements for area sources "which provide for 

the use of generally available control technologies or 

management practices [GACT] by such sources to reduce emissions 

of hazardous air pollutants." Additional information on GACT is 

found in the Senate report on the legislation (Senate Report 

Number 101-228, December 20, 1989), which describes GACT as:

. . . methods, practices and techniques which are 

commercially available and appropriate for application by 

the sources in the category considering economic impacts 

and the technical capabilities of the firms to operate and 

maintain the emissions control systems.
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Consistent with the legislative history, we can consider 

costs and economic impacts in determining GACT.

Determining what constitutes GACT involves considering the 

control technologies and management practices that are generally 

available to the area sources in the source category. We also 

consider the standards applicable to major sources in the 

analogous source category to determine if the control 

technologies and management practices are transferable and 

generally available to area sources. In appropriate 

circumstances, we may also consider technologies and practices 

at area and major sources in similar categories to determine 

whether such technologies and practices could be considered 

generally available for the area source categories at issue. 

Finally, as noted above, in determining GACT for a particular 

area source category, we consider the costs and economic impacts 

of available control technologies and management practices on 

that category.

Under CAA section 112(d)(6), we are required to ―review,

and revise as necessary (taking into account developments in

practices, processes, and control technologies), emission 

standards promulgated under this section no less often than 

every 8 years.‖ 

B. The EPA‘s Response to the Vacatur
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On July 10, 2002, the EPA promulgated NESHAP for new and 

existing PVC production facilities that are located at major 

sources in 40 CFR part 63, subpart J (67 FR 45886, July 10, 

2002) (referred to as the ―part 63 NESHAP‖). In that rulemaking, 

the EPA determined that compliance with the existing Vinyl 

Chloride NESHAP (40 CFR part 61, subpart F) (referred to as the 

―part 61 NESHAP‖) reflected the application of MACT; thus, 

satisfying CAA section 112(d), with the exception of adding 

requirements for equipment leaks at new sources. In the part 63 

NESHAP, the EPA regulated vinyl chloride emissions as a 

surrogate for all HAP emitted from PVC production. For equipment 

leaks, the part 63 NESHAP required that new sources comply with 

40 CFR part 63, subpart UU, National Emission Standards for 

Equipment Leaks – Control Level 2 Standards.

In Mossville Environmental Action Now v. EPA, 370 F.3d 1232 

(D.C. Cir. 2004), the petitioners argued that the EPA failed to 

set emission standards for all HAP emitted by PVC plants. The

EPA had set emission standards for vinyl chloride as a surrogate 

for the remaining HAP because it was the predominant HAP used 

and emitted at PVC plants. The Court ruled that the EPA did not 

adequately explain the basis for its decision to use vinyl 

chloride as a surrogate for other HAP. The Court ―vacated and 

remanded [the rule in its entirety] to the agency for it to 
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reconsider or properly explain its methodology for regulating 

[HAP] emitted in PVC production other than vinyl chloride by use 

of a surrogate.‖ 370 F.3d at 1243. This rule promulgates NESHAP 

for PVC production at major sources in response to the remand

and in accordance with section 112 of the CAA.

On January 23, 2007 (72 FR 2930), the EPA promulgated 

NESHAP for new and existing PVC production area sources in 40 

CFR part 63, subpart DDDDDD. Subpart DDDDDD was based on GACT

and required area sources to meet the requirements in the 

existing part 61 NESHAP. The part 61 NESHAP requirements address 

only vinyl chloride emissions. In this rulemaking, we are 

fulfilling our obligation under CAA section 112(d)(6) to review 

and revise, as necessary, the PVC production area source 

standards. We are coordinating our review of the area source 

standards with the development of major source MACT standards in 

response to the Court remand. 

III. Summary of Significant Changes Since Proposal

The EPA received over 39 public comment letters on the 

proposed rulemaking. Furthermore, we conducted two public 

hearings to allow the public to comment on the proposed 

rulemaking. After consideration of public comments and new data 

received, the EPA is making several changes to the standards. 

Following are the major changes to the standards since the 
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proposal. The rationale for these and other significant changes 

can be found in section V of this preamble or in the National 

Emission Standards for Hazardous Air Pollutants for Polyvinyl 

Chloride and Copolymers Production: Summary of Public Comments 

and Responses, in the PVC docket (EPA-HQ-OAR-2002-0037).

A. Applicability

In the proposed rule, the affected source was defined as 

each individual PVC production process unit (PVCPU) and a new 

affected source was a PVCPU for which construction commenced on 

or after May 20, 2011, at a major or area source. A PVCPU was 

defined to include specified equipment used to produce PVC and 

copolymers, and also included heat exchange systems, wastewater 

strippers and wastewater treatment systems.

In the final rule, a new or existing affected source is the 

facility-wide collection of all PVCPUs, storage vessels, heat 

exchange systems, wastewater and process wastewater treatment 

systems that are associated with producing PVC. A PVCPU includes 

all the equipment listed in the proposed definition, except for 

storage vessels, heat exchange systems, wastewater and process 

wastewater treatment systems.

B. Subcategories

At proposal, we did not subcategorize process vents. In the 

final rule, we have established two subcategories for process 
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vents: PVC-only and PVC-combined. PVC-only process vents 

comprise process vent streams that originate solely from a 

PVCPU. PVC-combined process vents comprise process vent streams 

that originate from a PVCPU and that are combined or are cocontrolled with process vent streams that originate from other 

source categories such as ethylene dichloride (EDC) or vinyl 

chloride monomer (VCM) production processes. The change to 

subcategories was based on our review of comments, further 

review of the originally submitted test data, and our review of 

additional data submitted by industry after proposal. We 

determined that there are significant differences between the 

emission profiles of process vents that originate solely from 

PVCPU and the emission profiles of process vents that originate 

from PVCPU and are combined with process vents from other source 

categories prior to control. A facility subject to the PVCcombined limits that no longer combines vent streams from other 

source categories, or a facility that is subject to the PVC-only 

limits that subsequently combines vent streams from other source 

categories, is subject to the process change requirements in 40 

CFR 63.11896 of the final rule. Routine and maintenance 

shutdowns that cause temporary cessation of the vent stream flow 

from other source categories are not subject to the process 

change requirements.
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At proposal, we subcategorized stripped resins into three 

subcategories: (1) bulk resin, (2) dispersion resin, and (3) all 

other resin. For the final rule, we subcategorized stripped 

resins into 5 subcategories: (1) suspension resin, (2) 

dispersion resin, (3) suspension blending resin, (4) bulk resin 

and (5) copolymer resin. The change to subcategories was made 

based on our review of comments and data submitted by the 

industry (see section V.D of this preamble for more discussion 

of our response to these and other public comments). We 

determined that there are significant differences in the 

concentrations of vinyl chloride and other HAP that remain in 

the various types of resin following stripping due to differing 

process equipment and raw materials that are used to produce the 

varying types of resins, such that further subcategorization of 

stripped resin was warranted.

C. Emission Standards

In the final rule, changes were made to the emission limit 

calculation methodology for process vents, stripped resin and 

wastewater. The calculation methodology changes are discussed in 

section V.E.2 of this preamble and documented in the technical 

memorandum, Revised MACT Analysis for the Polyvinyl Chloride and 

Copolymers (PVC) Production Source Category, which is available 

in the docket.
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As a result of these changes to the calculation 

methodology, we revised the emission standards for process 

vents, stripped resin, and process wastewater. We also made 

revisions to the requirements for heat exchange systems.

1. Process vents

In the proposed and final rule, we calculated the MACT 

floor emission levels for process vents accounting for 

variability using a 99-percent Upper Predictive Limit (UPL) 

calculation. In the final rule, we used a 99-percent UPL 

calculation, but we changed the value for the number of samples 

used in the compliance average (the m value) in the UPL 

calculation for total hydrocarbons (THC) to 3 instead of 30 to 

reflect the actual number of THC test runs that will comprise 

the compliance average. In the final rule, we also revised the 

methodology used to account for measurement variability when 

significant numbers of non-detect measurements are included in 

the dataset used to determine the MACT floors, as explained 

further in section V.E of this preamble.

Tables 1 and 2 of this preamble present the final process 

vent emission limits for existing sources and new sources, 

respectively, compared to the proposed limits.

Table 1. Comparison of Proposed and Final Emission Limits for 

Process Vents at Existing Major Sources

Pollutant Emission Limitsa
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Proposed Final:

PVC-Only

Final:

PVC-Combined

Vinyl chloride 0.32 ppmv 6.0 ppmv 1.10 ppmv

Hydrogen chloride 150 ppmv 78 ppmv 380 ppmv

Total organic HAP 12 ppmv 56 ppmv 9.8 ppmv

Dioxin/furans (TEQ) 0.023 ng/dscm 0.038 ng/dscm 0.051 ng/dscm

a ppmv = parts per million by volume dry at 3-percent oxygen (O2). 

ng/dscm = nanograms per dry standard cubic meter at 3-percent O2. 

Table 2. Comparison of Proposed and Final Emission Limits for 

Process Vents at New Major Sources

Pollutant

Emission Limitsa

Proposed Final:

PVC-Only

Final:

PVC-Combined

Vinyl chloride 3.2 ppbv 15 ppbv 5.7 ppbv

Hydrogen chloride 0.17 ppmv 0.17 ppmv 1.4 ppmv

Total organic HAP 0.22 ppmv 0.22 ppmv 0.76 ppmv

Dioxin/furans (TEQ) 0.0087 ng/dscm 0.038 ng/dscm 0.034 ng/dscm

a ppbv = parts per billion by volume dry at 3-percent O2. 

 ppmv = parts per million by volume dry at 3-percent O2. 

ng/dscm = nanograms per dry standard cubic meter at 3-percent O2. 

2. Equipment leaks

In the proposed rule, we required reciprocating pumps, 

reciprocating and rotating compressors and agitators to be 

equipped with double seals or the equivalent. In the final rule, 

we are also allowing affected sources to comply with the 

requirements for reciprocating pumps, reciprocating and rotating 

compressors and agitators by complying with the requirements for 

40 CFR part 63, subpart UU.

3. Stripped Resin

In the proposed rule, we calculated concentration values

for HAP in the dispersion resin subcategory using the reported 

mass-based values (for HAP present in the resin) and the
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dispersion resin production for each facility. The concentration 

values were then used to calculate the MACT floor emission 

limits for dispersion resin. For the final rule, we used the 

original vinyl chloride and other HAP concentration values, as 

measured and analyzed, as the basis for setting the MACT floors. 

This change is consistent with the methodology used for setting 

the MACT floors for the other resin subcategories and provides a 

more accurate basis for setting concentration-based limits.

At proposal, vinyl chloride and total HAP limits for 

stripped resins were calculated using a 99-percent UPL 

calculation based on 30 days of vinyl chloride and other HAP 

data from all facilities that conducted resin sampling and 

analysis as part of our August 21, 2009, CAA section 114 

information collection request of the PVC industry. The vinyl 

chloride stripped resin limits were calculated using data 

obtained from resin sampling using EPA SW-846 Method 8260B. 

For the final rule, vinyl chloride limits were calculated 

based on 4 years of vinyl chloride compliance data, submitted by 

the PVC industry, that were obtained by resin sampling using EPA 

Method 107. This revision was made because EPA Method 107 is a 

better measure than EPA SW-846 Method 8260B of the concentration 

of vinyl chloride in PVC resin, as explained further in section 

V.E of this preamble. Because of the significantly larger 
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dataset of concentration information measured with Method 107, 

variability was more appropriately calculated by using a 99.9th 

percentile instead of a UPL calculation.

In the proposed rule, the total HAP limits for the stripped 

resin subcategories included the contribution from vinyl 

chloride. In the final rule, vinyl chloride concentrations were 

removed from the total HAP limit calculations, resulting in 

total non-vinyl chloride HAP limits for all subcategories of 

stripped resin. This change was made because we have established 

separate limits for vinyl chloride in stripped resin and we are

requiring compliance with those limits using EPA Method 107. The 

total non-vinyl chloride HAP limits are based on concentration 

data for all measured HAP, excluding vinyl chloride, collected 

using EPA SW-846 Methods 8015C, 8260B, 8270D, and 8315A.

At proposal, variability was assessed for in the total HAP

limits using a 99-percent UPL calculation where the m value was 

set at 30 to represent 30 single daily total HAP values. For the 

final rule, variability was assessed in the total non-vinyl 

chloride HAP limits using the 99-percent UPL calculation and an 

m value of 1 to represent monthly compliance, as explained 

further in section V of this preamble.

For the final rule, we excluded information from several 

facilities from the MACT floor analysis due to the use of 
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inconsistent test methods, inaccurate or questionable method 

detection levels, or lack of documentation on the sampling and 

analysis results. The changes made to the MACT floor 

calculations are discussed in section V.E of this preamble.

Tables 3 through 7 of this preamble present the proposed 

and final stripped resin emission limits for bulk resin, 

dispersion resin, suspension resin, suspension blending resin 

and copolymer resin, respectively, at existing and new sources. 

Table 3. Comparison of Proposed and Final Emission Limits for 

Bulk Resin at Existing and New Sources

Source Pollutant

Bulk Resin Emission Limits 

(ppmw)

Proposeda Final

Existing

Vinyl Chloride 7.1 7.1

Total Non-Vinyl Chloride 

HAP 170 170

New

Vinyl Chloride 7.1 7.1

Total Non-Vinyl Chloride 

HAP 170 170

a At proposal, the total HAP limit included vinyl chloride.

Table 4. Comparison of Proposed and Final Emission Limits for 

Dispersion Stripped Resin at Existing and New Sources

Source Pollutant

Dispersion Resin Emission 

Limits (ppmw)

Proposeda Final

Existing

Vinyl Chloride 55 1300

Total Non-Vinyl Chloride 

HAP 110 240

New

Vinyl Chloride 41 480

Total Non-Vinyl Chloride 

HAP 58 78

a At proposal, the total HAP limit included vinyl chloride.

Table 5. Comparison of Proposed and Final Emission Limits for 

Suspension Stripped Resin at Existing and New Sources

Source Pollutant Suspension Resin Emission 

Limits (ppmw)
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Proposeda,b Final

Existing

Vinyl Chloride 0.48 37

Total Non-Vinyl Chloride 

HAP 76 670

New

Vinyl Chloride 0.20 7.3

Total Non-Vinyl Chloride 

HAP 42 8.8

a At proposal, suspension resin was included in the ―all other resins‖ 

subcategory.

b At proposal, the total HAP limit included vinyl chloride.

Table 6. Emission Limits for Suspension Blending Stripped Resin

at Existing and New Sources

Source Pollutant

Suspension Blending Resin 

Emission Limits (ppmw)

Proposeda,b Final

Existing

Vinyl Chloride 0.48 140

Total Non-Vinyl Chloride 

HAP 76 500

New

Vinyl Chloride 0.20 140

Total Non-Vinyl Chloride 

HAP 42 500

a At proposal, suspension blending resin was included in the ―all other 

resins‖ subcategory.

b At proposal, the total HAP limit included vinyl chloride.

Table 7. Comparison of Proposed and Final Emission Limits for 

Copolymer Stripped Resin at Existing and New Sources

Source Pollutant

Copolymer Resin Emission 

Limits (ppmw)

Proposed a,b Final

Existing

Vinyl Chloride 0.48 790

Total Non-Vinyl Chloride 

HAP 76 1,900

New

Vinyl Chloride 0.20 790

Total Non-Vinyl Chloride 

HAP 42 1,900

a At proposal, copolymer resins were included in the ―all other resins‖ 

subcategory.

b At proposal, the total HAP limit included vinyl chloride.

4. Wastewater

In the proposed rule, the wastewater limits applied to both 

process wastewater and maintenance wastewater. The final rule 
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contains vinyl chloride and total non-vinyl chloride HAP limits 

for process wastewater, and requires compliance with the 

National Emission Standards for Organic Hazardous Air Pollutants 

from the Synthetic Organic Chemical Manufacturing Industry or 

Hazardous Organic NESHAP (HON) maintenance wastewater provisions 

for maintenance wastewater at affected sources. For the proposed 

rule, the wastewater vinyl chloride concentration limits were 

calculated using a 99-percent UPL calculation with an m value of 

1 to represent monthly compliance. The limits were calculated

based on data reported in survey responses from companies

responding to our August 21, 2009, CAA section 114 information 

collection request. For the final rule, we recalculated the 

monthly vinyl chloride concentration limits using a 99-percent 

UPL calculation, as described above, but the limits were 

calculated, based on one year of daily sampling data provided by 

the industry during the public comment period.

In the proposed rule, total HAP emission limits were based 

on a beyond-the-floor option of complying with the HON flow rate 

and concentration limits. The proposed total HAP limits also 

included vinyl chloride. For the final rule, we calculated a 

total non-vinyl chloride HAP emission limit instead of a total 

HAP limit, using the same calculation methodology used to 

determine the MACT floor vinyl chloride emission limit, with 
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compliance demonstrated on a monthly basis. The total non-vinyl 

chloride HAP limits are based on information and data provided 

by industry in response to the section 114 survey.

In the final rule, we are requiring process wastewater 

streams at existing sources to meet concentration limits of 6.8 

parts per million by weight (ppmw) for vinyl chloride and 110 

ppmw for total non-vinyl chloride HAP. Process wastewater 

streams at new sources are required to meet a concentration 

limit of 0.28 ppmw for vinyl chloride and 0.018 ppmw for total 

non-vinyl chloride HAP. 

5. Heat Exchange Systems

We proposed that affected sources would have the option of 

using the Modified El Paso Method or Method 8021B to monitor for 

leaks of volatile organic compounds (VOC) in their heat exchange 

system cooling water. For new affected sources, we proposed a 

total strippable VOC leak action level of 2.3 parts per million 

by volume (ppmv) (as methane) in the stripping gas or 30 parts 

per billion by weight (ppbw) in the cooling water, with 

monitoring every 12 hours. For existing affected sources, we 

proposed a total strippable VOC leak action level of 2.9 ppmv 

(as methane) in the stripping gas or 38 ppbw in the cooling 

water, with monthly monitoring. Our proposed delay of repair 

action levels for new and existing sources were a total 
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strippable VOC leak action level of 29 ppmv (as methane) in the 

stripping gas or 380 ppbw in the cooling water.

In the final rule, we are requiring monthly cooling water 

monitoring for either total strippable VOC or for vinyl 

chloride. Total strippable VOC monitoring must be done using 

either the Modified El Paso Method or EPA Method 624, and vinyl 

chloride monitoring must be done using EPA Method 107, as it is 

the established method for the PVC industry to accurately 

measure and analyze vinyl chloride concentrations in cooling 

water. The leak action levels for new and existing sources are 

the same in the final rule. For both total strippable VOC or

vinyl chloride in the cooling water, the leak action level is 50 

ppbw and the delay of repair action level is 500 ppbw. For total 

strippable VOC in the stripping gas, the leak action level is 

3.9 ppmv and the delay of repair action level is 39 ppmv. We 

have clarified in the final rule that heat exchange systems that 

are not in HAP service or that have a maximum cooling water flow 

rate of 10 gallons per minute or less are not required to 

monitor for leaks. For the reasons we explain in section V of 

this preamble, it is more appropriate for this industry to have 

the option to monitor for either vinyl chloride or for total 

strippable VOC in cooling water to detect leaks of process 

fluids.
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6. Other Emission Sources

In addition to proposing requirements for reactor opening 

losses in the proposed rule, we solicited comment and additional 

information on emissions, controls, and costs of controls for 

gasholders. Based on our review of comments, and analysis of 

methods to control emissions from gasholders, the final rule 

requires that emissions from gasholders be either routed back 

into the process or vented through a closed vent system to a 

control device. Affected sources must also install floating 

objects on gasholder water seals to reduce emissions of vinyl 

chloride from those seals.

D. Initial and Continuous Compliance, and Recordkeeping and 

Reporting

The final rule contains several changes to the compliance, 

recordkeeping and reporting requirements.

1. Process Vents

At proposal, affected sources were required to conduct 

performance tests for process vents on an annual basis. In the 

final rule, performance tests must be conducted once every 5 

years since the continuous parametric monitoring requirements 

ensure compliance on a continuous basis.

The final rule also requires that all gaseous streams from 

process vents must be routed into a closed vent system and sent 
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to a control device in order to meet the PVC-only or PVCcombined emission limits. We are also requiring that each 

process vent stream must be characterized by developing an 

emission profile. This is to ensure that process vent streams 

are serving a valid process purpose and are not being diluted 

prior to control. We have also clarified the definitions for 

process vent, continuous process vent, batch process vent and 

have added a definition for miscellaneous vent. These revised 

and new definitions are described in more detail in section V.I.

of this preamble.

In the proposed rule, new affected sources were required to 

install and operate chlorinated dibenzo-dioxins and furans 

(CDD/CDF) continuous emission monitoring systems (CEMS) after 

the promulgation of a performance specification. New sources 

were also required to install and operate hydrogen chloride 

(HCl) CEMS after the promulgation of a performance

specification. The requirements to install and operate CDD/CDF 

CEMS at new and existing sources and HCl CEMS at new sources 

have been removed as requirements from the final rule because 

the specifications have not been promulgated for them. Both CEMS 

remain available as options when the specifications are 

promulgated.

2. Stripped Resins
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In the proposed rule, affected sources were required to 

demonstrate compliance with the vinyl chloride limits for 

stripped resin using EPA SW-846 Method 8260B. In the final rule, 

affected sources must demonstrate compliance with the vinyl 

chloride stripped resin limit using EPA Method 107 because it is 

a better measure of the concentration of vinyl chloride in resin 

and was specifically developed to be used to measure vinyl 

chloride concentration in stripped PVC resin. The final rule 

requires affected sources to demonstrate compliance with a total 

non-vinyl chloride HAP limit using the combination of four EPA 

SW-846 Methods: 8015C, 8260B, 8270D and 8315A.

In the final rule, we have removed all requirements for 

continuous parametric monitoring of resin strippers. Our 

rationale for this is explained in detail in section V. of this 

preamble.

3. Wastewater

The final rule contains separate requirements for process 

wastewater and maintenance wastewater. For process wastewater, 

we removed the requirement that a wastewater stream must be 

treated and meet certain HON requirements if its flow rate is 

greater than or equal to 10 liters per minute or contains a 

total HAP concentration greater than 1,000 ppmw. Instead, 

affected sources must initially test all untreated process 
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wastewater streams and meet the vinyl chloride and total nonvinyl chloride HAP limits in the final rule prior to discharge.

We have clarified the requirements for process wastewater 

including the requirements for determining which streams require 

treatment to meet the process wastewater emission limits. 

Consequently, we have removed the terms ―point of generation‖

and ―point of determination‖ from the final rule.

In the proposed rule, affected sources were required to 

determine the concentration of vinyl chloride and total HAP on a 

monthly basis for streams that did not require treatment to 

ensure that their HAP concentrations remained below the 

applicability criteria. For the final rule, affected sources are 

required to determine the concentration of vinyl chloride and 

total non-vinyl chloride HAP on an annual basis for streams that 

do not require treatment.

In the final rule, we have added a requirement that 

affected sources must comply with the HON maintenance wastewater 

compliance requirements of 40 CFR 63.105 of subpart F.

In the final rule, we have removed all requirements for 

continuous parametric monitoring of wastewater steam strippers. 

Our rationale for this is explained in detail in section V of 

this preamble.

4. Heat Exchange Systems
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We proposed that affected sources would have the option of 

using the Modified El Paso Method or Method 8021B to monitor for 

leaks of VOC in their heat exchange system cooling water. In the 

final rule, we have retained the option to monitor using the 

Modified El Paso Method, but for cooling water monitoring, we 

are requiring EPA Method 624. The final rule also includes an 

option for facilities to monitor their cooling water for vinyl 

chloride using EPA Method 107. The final rule requires the same 

leak action level for both new and existing sources, depending 

on which monitoring method is used.

5. Other Emission Sources

In the final rule, we are requiring emissions from 

gasholder vents be routed back into the process or vented 

through a closed vent system to a control device meeting the 

compliance requirements for process vents. To minimize fugitive 

emissions from gasholder water seals, we are also requiring the 

use of floating objects on the surface of water seals. Affected 

sources must establish operating procedures for use of floating 

devices in gasholders. These operating procedures must describe 

how the floating objects will be maintained to ensure a 

reduction in fugitive emissions from the gasholder‘s water seal.

E. Area Source Requirements 
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In the proposed rule, we considered that GACT standards for 

PVC area sources should be the same as the MACT standards for 

PVC major sources, based on similarities between area and major 

source PVC facilities. For the final rule, we have revised our 

analysis of area source GACT, considering comments received on 

the proposed rule. Our revised GACT analysis assesses each PVC 

emission point (e.g., process vents, stripped resin, equipment 

leaks, etc.) individually, for both existing and new sources, to 

determine the appropriate level of control considering cost and 

emission reduction. The GACT analysis was conducted for the same 

subcategories as major sources. A discussion of the GACT 

analysis is presented in section V.H of this preamble.

We have selected emission limits based on the control level 

that area sources are currently meeting and the same testing and 

monitoring requirements that apply to major sources to be GACT 

for existing and new area sources for PVC-only process vents, 

PVC-combined process vents, bulk resin, suspension resin, 

dispersion resin, and process and maintenance wastewater. For 

all other subcategories and all other emission points, we have 

selected the same control requirements that apply to major 

sources to be GACT for existing and new area sources. Major 

source requirements are discussed in section IV of this 

preamble. 
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F. New and Revised Definitions

Several definitions were revised and added in the final 

rule as a result of new subcategories and other changes. The 

following definitions have been revised since the proposal: 

batch process vent, conservation vent, continuous process vent, 

grade, in HAP service, polyvinyl chloride, polyvinyl chloride 

and copolymers production process unit or PVCPU, polyvinyl 

chloride copolymer, pressure relief device, process vent,

solution process, surge control vessel, treatment process, type 

of resin and wastewater.

The following definitions have been added in the final 

rule: gasholder, heat exchanger exit line, maintenance 

wastewater, miscellaneous vent, polyvinyl chloride homopolymer,

process wastewater, process wastewater treatment system, PVCcombined process vent, PVC-only process vent, suspension 

blending process, table 10 HAP, total non-vinyl chloride HAP, 

and wastewater stream. The rationale for revising and adding the 

definitions is provided in section V.I of this preamble.

IV. Summary of the Final Rules

A. What is the affected source?

The final rules apply to owners or operators of PVCPU 

located at, or that are part of, a major source or an area 

source of HAP emissions, as defined in 40 CFR 63.2. The subparts
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apply to each affected source, where the affected source is the 

facility wide collection of PVCPU, storage tanks, heat exchange 

systems, wastewater and process wastewater treatment systems

that are associated with producing polyvinyl chloride and 

copolymers. A new affected source is one for which construction

commenced on or after May 20, 2011. If components of an existing 

affected source are replaced, such that the replacement meets 

the definition of reconstruction in 40 CFR 63.2 and the 

reconstruction commenced on or after May 20, 2011, then the 

existing source becomes a reconstructed source and is subject to 

the relevant standards for a new affected source. The 

reconstructed source must comply with the requirements for a new 

affected source upon initial startup of the reconstructed 

source, or by [INSERT DATE OF PUBLICATION IN THE FEDERAL 

REGISTER], whichever is later.

A PVCPU is defined as a collection of process components 

assembled and connected by hard-piping or duct work, used to 

process raw materials and to manufacture polyvinyl chloride 

and/or polyvinyl chloride copolymers. The collection of process 

components includes polymerization reactors, resin stripping 

operations, resin blend tanks, resin centrifuges, resin dryers, 

resin product separators, recovery devices, reactant and raw 

material charge vessels and tanks, holding tanks, mixing and 
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weighing tanks, finished resin product loading operations, surge 

control vessels, connected ducts and piping, combustion, 

recovery, or recapture devices or systems and equipment (i.e., 

all pumps, compressors, agitators, pressure relief devices, 

sampling connection systems, open-ended valves or lines, valves, 

connectors and instrumentation systems that are associated with 

the PVCPU). A PVCPU does not include chemical manufacturing 

process units, as defined in 40 CFR 63.101, that produce VCM or 

other raw materials used in the production of PVC.

B. When must I comply with the major and area source standards?

Existing major affected sources are required to comply with 

40 CFR part 63, subpart HHHHHHH and existing area affected 

sources are required to comply with 40 CFR part 63, subpart

DDDDDD no later than [INSERT DATE 3 YEARS FROM DATE OF 

PUBLICATION IN THE FEDERAL REGISTER]. New major and area 

affected sources are required to comply on [INSERT DATE OF 

PUBLICATION IN THE FEDERAL REGISTER], or upon startup, whichever 

is later.

C. What is the relationship between this final rule for major 

sources and the 40 CFR part 61, subpart F standards?

Affected sources are currently subject to requirements in 

the part 61 NESHAP. This final rule includes requirements that 

are at least as stringent as the requirements in the part 61 
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NESHAP. Thus, once an affected source is in compliance with 

subpart HHHHHHH, the requirements of the part 61 NESHAP will no 

longer apply.

D. Are there subcategories for major sources?

The final rule contains two subcategories for process 

vents. The process vent subcategories are based on whether the 

vent streams are collected from: (1) Only PVC production 

processes (i.e., PVC-only process vents) or (2) PVC production 

process and other non-PVC production processes, such as VCM or 

EDC manufacturing (i.e., PVC-combined process vents). 

The final rule contains five subcategories for limits on 

the amount of HAP remaining in resin following polymerization 

and stripping (i.e., the stripped resin). The resin 

subcategories are based on the type of resin produced, and 

include the following homopolymer resins: (1) bulk resin, (2) 

dispersion resin, (3) suspension blending resin and (4) 

suspension resin. A fifth subcategory is included in the final 

rule for all copolymer resins.

See section V.D of this preamble for more discussion on 

subcategories.

E. What emission standards must I meet for major sources?

This rule establishes requirements for affected sources 

located at or part of a major source of HAP emissions. We 
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explain our rationale for the finalized standards in section V.E

of this preamble.

1. Storage Vessels and Handling Operations

Under 40 CFR 63.11910 and Table 3 of the final rule, if you

own or operate a storage vessel at a new or existing affected 

source, we are requiring that material stored with a maximum 

true vapor pressure of greater than 11.1 pounds per square inch 

absolute (psia) be stored in pressure vessels with no emissions 

to the atmosphere. During those times when purging is required 

or when the pressure vessel is being loaded, the purged stream 

or the emission stream during loading is required to be routed 

to a closed vent system and control device. The closed vent 

system and control device must meet the requirements specified 

in 40 CFR 63.11925 through 40 CFR 63.11950 of the final rule. 

You are also required to equip all openings in the pressure 

vessel with closure devices that are designed to operate with no 

detectable emissions, as determined using procedures specified 

in 40 CFR 63.11910(c)(3) of the final rule.

For storage vessels with a capacity greater than or equal 

to 40,000 gallons, storing material with a maximum true vapor 

pressure greater than or equal to 0.75 psia or storage vessels 

with a capacity greater than or equal to 20,000 gallons (but 

less than 40,000 gallons), storing materials with a maximum true 
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vapor pressure greater than or equal to 4 psia, we are requiring 

compliance with one of two equivalent compliance options. We are 

requiring that material be stored in either: (1) A floating roof 

tank meeting the operating, inspection and maintenance 

requirements of 40 CFR part 63, subpart WW or (2) a fixed roof 

storage vessel that routes vent streams to a closed vent system 

and control device (meeting the requirements of 40 CFR 63.11925

through 40 CFR 63.11950 of the final rule) capable of reducing 

inlet VOC emissions by 95 percent or greater. 

We are requiring that all other storage vessels meet the 

operating, inspection and maintenance requirements for fixed 

roof vessels of 40 CFR 63.11910(a) of the final rule or comply

with either the controlled fixed roof or floating roof 

requirements discussed previously. 40 CFR 63.11910(a)(1)(ii) and 

40 CFR 63.11910(a)(3)(i) of the final rule include requirements 

to equip each opening in the roof with a closure device, and to 

perform initial and annual inspections and repair any defects 

found within the specified time period. Defects include, but are 

not limited to, visible cracks, holes, gaps or other open spaces 

in the closure device or between the perimeter of the opening 

and the closure device; broken, cracked or otherwise damaged 

seals or gaskets on closure devices; and broken or missing 

hatches, access covers, caps or other closure devices. 
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2. Equipment Leaks

In 40 CFR 63.11915 of the final rule, we are requiring that

existing and new affected sources comply with the leak detection 

and repair (LDAR) program requirements of the National Emission 

Standards for Equipment Leaks - Control Level 2 Standards, 

subpart UU of 40 CFR part 63. For valves in gas and light liquid 

service, subpart UU specifies a leak definition of 500 ppm VOC 

and a monitoring frequency that is dependent upon the number of 

leaking valves. Subpart UU also requires equipment

specifications to prevent leaks for other pieces of equipment.

We are requiring that a vinyl chloride monitoring system be 

operated for detection of major leaks and identification of the 

general area of the plant where a leak is located. A vinyl 

chloride monitoring system is a device that obtains air samples 

from one or more points continuously and analyzes the samples 

with gas chromatography, infrared spectrophotometry, flame ion 

detection or an equivalent or alternate method.

In 40 CFR 63.11915 of the final rule, we are also requiring

that, in addition to operating with no detectable emissions, 

there be no discharge to the atmosphere from any pressure relief 

device (PRD) on any equipment in HAP service within the PVCPU.

We are requiring that, upon a discharge to the atmosphere from 
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the PRD, that the monitoring requirements specified in 40 CFR 

part 63, subpart UU for pressure releases from PRD be followed.

3. Heat Exchange Systems

In 40 CFR 63.11920 of the final rule, we are requiring that

you implement a LDAR program to detect leaks of HAP into cooling 

water. For both new and existing sources, we are requiring 

monthly monitoring for both closed loop and once-through heat 

exchange systems using either the Modified El Paso Method, EPA 

Method 624 or EPA Method 107. The leak action level is 50 ppbw 

of total strippable VOC or vinyl chloride in the cooling water, 

or a leak action level of 3.9 ppmv in the stripping gas. The 

delay of repair action level for both new and existing sources 

is 500 ppbw of total strippable VOC or vinyl chloride in the 

cooling water, or 39 ppmv of VOC in the stripping gas. When a 

leak is identified, additional monitoring must be performed to 

isolate the source of the leak. If the total strippable VOC or 

vinyl chloride concentration remains below the applicable leak 

action level throughout the period of additional monitoring, 

then repairs are not required; otherwise, repairs must be 

completed within 45 days of identifying the leak. Repairs may be 

delayed if the concentration of total strippable VOC or vinyl 

chloride in the cooling water remains below the delay of repair 

action level and either: (1) it is technically infeasible to 
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repair the leak without a shutdown, or (2) the necessary 

equipment, parts or personnel are not available.

4. Process Vents

In 40 CFR 63.11925 of the final rule, we are requiring all

process vents be routed to a closed vent system and control 

device meeting the emission standards in Table 8 of this 

preamble. All process vents must meet the emission standards, 

including continuous process vents, batch process vents and 

miscellaneous vents.

We are requiring the emission limitations presented in 

Table 8 of this preamble for two subcategories of process vents

at major sources: (1) PVC-only process vents and (2) PVCcombined process vents. These emission limits apply at all 

times.

Table 8. Emission Limits for Process Vents at Existing and New 

Major Sources

Subcategory Pollutant

Emission Limitationsa

Existing Sources New Sources

PVC-only process 

vents

Vinyl chloride 6.0 ppmv 15 ppbv

Hydrogen chloride 78 ppmv 0.17 ppmv

Total organic HAP 56 ppmv 0.22 ppmv

Dioxin/Furans 

(TEQ) 0.038 ng/dscm 0.038 ng/dscm

PVC-combined 

process vents

Vinyl chloride 1.1 ppmv 5.7 ppbv

Hydrogen chloride 380 ppmv 1.4 ppmv

Total organic HAP 9.8 ppmv 0.76 ppmv
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Subcategory Pollutant

Emission Limitationsa

Existing Sources New Sources

Dioxin/Furans 

(TEQ) 0.051 ng/dscm 0.034 ng/dscm

a ppbv = parts per billion by volume dry at 3-percent O2.

 ppmv = parts per million by volume dry at 3-percent O2.

 ng/dscm = nanograms per dry standard cubic meter at 3-percent O2.

5. Other Emission Sources

Other emission sources include reactor and other component

opening losses and gasholders. When reactors or other components 

(including pre-polymerization reactors used in the manufacture 

of bulk resin) are opened for cleaning, we are requiring in 40 

CFR 63.11955 of the final rule that emissions be minimized prior

to opening. We are requiring that emissions from opening a 

polymerization reactor must not exceed 0.04 pound vinyl 

chloride/ton of polyvinyl chloride product where the product 

means the gross product of pre-polymerization and postpolymerization. We are requiring emissions from opening of 

process components for any reason be minimized by reducing the 

volume of vinyl chloride to an amount that occupies a volume of 

no more than 2.0 percent of the component's containment volume 

or 25 gallons, whichever is larger, at standard temperature and 

pressure. Any vinyl chloride emissions resulting from opening 

equipment must be ducted through a closed vent system to a 

control device meeting the process vent limits of the final 
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rule. The outlet of the control device must meet the emission 

limitations for process vents discussed in section IV.E.4 of 

this preamble.

In 40 CFR 63.11955 of the final rule, we are requiring that

emissions from gasholders must either be routed back into the 

process or be vented to a closed vent system and control device 

from which the exhaust gases do not exceed the process vent 

limits. To minimize fugitive emissions from gasholder water 

seals, we are also requiring the use of floating objects on the 

surface of the water seal. Each gasholder must operate with one 

or more types of objects installed on the surface of the water 

seal to reduce emissions from those seals, including floating 

balls, hollow floating disks, an oil layer and/or floating mats.

6. Stripped Resin

In 40 CFR 63.11960 of the final rule, we are setting

emission limits for vinyl chloride and total non-vinyl chloride 

HAP for five subcategories of stripped resins, as presented in 

Tables 9 and 10 of this preamble. The limits were developed for 

new and existing affected sources, based on the type of resin 

produced. Subcategories for homopolymer resins are: (1) bulk

resin, (2) dispersion resin, (3) suspension blending resin, and 

(4) suspension resin. A fifth subcategory is included in the 
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final rule for copolymer resin. These emission limits would 

apply at all times.

Table 9. Limits for Stripped Resins at Existing Major Sources

Pollutant

Emission Limits (ppmw)

Homopolymer Resins

Copolymer 

Bulk Resin Resin Dispersion 

Resin

Suspension 

Resin

Suspension 

Blending 

Resin

Vinyl 

chloride 7.1 1,300 37 140 790

Total nonvinyl 

chloride HAP

170 240 670 500 1,900

Table 10. Limits for Stripped Resins at New Major Sources

Pollutant

Emission Limits (ppmw)

Homopolymer Resins

Copolymer 

Bulk Resin Resin Dispersion 

Resin

Suspension 

Resin

Suspension 

Blending 

Resin

Vinyl 

chloride 7.1 480 7.3 140 790

Total nonvinyl 

chloride HAP

170 78 8.8 500 1,900

7. Wastewater 

In 40 CFR 63.11965 of the final rule, we are requiring

process wastewater streams at existing sources to meet emission

limits of 6.8 ppmw for vinyl chloride and 110 ppmw for total 

non-vinyl chloride HAP before being exposed to the atmosphere, 

discharged from the affected source or discharged from the 

affected source untreated as wastewater. Process wastewater

streams at new sources are required to meet emission limits of 
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0.28 ppmw for vinyl chloride and 0.018 ppmw for total non-vinyl 

chloride HAP before being exposed to the atmosphere, discharged 

from the affected source or discharged from the affected source 

untreated as wastewater. Pollutant concentrations in each 

process wastewater stream at existing and new sources must be

measured immediately as the process wastewater stream leaves a 

process component, before being exposed to the atmosphere and 

before mixing with any other wastewater stream. 

The final rule contains separate requirements for 

maintenance wastewater. Maintenance wastewater must meet the 

requirements of 40 CFR 63.105.

F. What are the initial and continuous compliance requirements

for major sources?

In 40 CFR 63.11896 of the final rule, we are requiring 

that, if you make a process change to an existing affected 

source that does not meet the criteria to become a reconstructed

affected source in 40 CFR 63.11870(e) of the final rule, you 

must be in compliance for any added or changed emission points 

by the compliance date for existing affected sources. If the 

process change occurs after the compliance date for existing 

sources, then the added or changed emissions point must be in 

compliance upon startup. If the process change results in a 

change in the characteristics of any emission point such that a 
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different emission standard or operating parameter limit

applies, we are requiring that you demonstrate that the changed 

emission point complies with the applicable requirements for an 

existing affected source. You must demonstrate compliance with 

any emission limits and establish applicable operating limits by 

180 days after the compliance date for existing affected 

sources; if the startup of the changed emission point occurs 

after the compliance date for existing affected sources, then 

you must demonstrate compliance with any emission limits and 

establish applicable operating limits by 180 days after the date 

of initial startup of the changed emission point.

We are also requiring that, if you make a process change to 

a new affected source, you demonstrate that any added emission 

points are in compliance with the applicable standards for a new 

affected source by startup of the changed emission point. You 

must also demonstrate initial compliance with any emission 

limits and establish applicable operating limits by 180 days 

after the date of initial startup of the changed process unit.

If you make a process change that adds or changes emission 

points, we are requiring that you demonstrate continuous 

compliance with your emission standards and operating limits

according to the procedures and frequency in 40 CFR 63.11910 

through 40 CFR 63.11980 of this final rule and submit a 
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notification report specified in 40 CFR 63.11985 of the final 

rule.

A facility subject to the PVC-combined process vent limits 

that no longer combines process vent streams from other source 

categories, or a facility that is subject to the PVC-only 

process vent limits that subsequently combines process vent 

streams from other source categories, is subject to the process 

change requirements in 40 CFR 63.11896 of the final rule. 

Routine and maintenance shutdowns that cause temporary cessation 

of the vent stream flow from other source categories are not 

subject to the process change requirements.

1. What are the initial and continuous compliance requirements 

for storage vessels?

For each floating roof storage vessel, we are requiring

that you meet the operating, inspection, repair and maintenance 

requirements of 40 CFR part 63, subpart WW. For each fixed roof 

storage tank venting through a closed vent system to a control 

device achieving 95-percent reduction in total HAP emissions, we 

are requiring that you meet the requirements for closed vent 

systems and control devices in 40 CFR 63.11925 of the final rule 

and summarized in section IV.F.4 of this preamble. 

In 40 CFR 63.11910 of the final rule, we are also requiring

that, for each fixed roof tank, you install and maintain the 
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tank with no visible cracks, holes or other open spaces between 

roof section joints or between the interface of the roof edge 

and the tank wall. We are also requiring that you install 

closure devices that you secure in the closed position except 

during periods when you need to have access to the interior of 

the fixed roof tank. The closure device may be opened during the 

period needed to provide access. The fixed roof tank and its 

closure device are required to be inspected initially and at 

least once per year. The inspection requirements are not 

applicable to parts of the fixed roof that are determined to be 

unsafe to inspect if you document and explain why it is unsafe 

to inspect and develop a plan to conduct inspections when the 

tank is not in service. A first attempt to repair defects must 

be made no later than 5 calendar days after detection and 

repairs are required to be completed no later than 45 days after 

detection, except as specified in 40 CFR 63.11910(a)(4)(ii) of 

the final rule. 

In 40 CFR 63.11910 of the final rule, for pressure vessels,

we are requiring that all potential leak interfaces in the 

pressure vessel be monitored for leaks annually and repaired 

following the procedures of 40 CFR 63.11915 of the final rule.

2. What are the initial and continuous compliance requirements 

for equipment leaks?
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For each applicable piece of equipment (e.g., valves, 

connectors) associated with your affected source, we are 

requiring that you meet the LDAR requirements of 40 CFR part 63, 

subpart UU. In 40 CFR 63.11915 of the final rule, you are 

required to install electronic indicators on each PRD that would 

be able to identify and record the time and duration of each 

pressure release and notify operators that a pressure release 

has occurred.

3. What are the initial and continuous compliance requirements 

for heat exchange systems?

We are requiring that, for each affected source, you must

operate a heat exchange system monitoring program, as specified 

in the final rule. Under the compliance requirements for heat 

exchange systems in 40 CFR 63.11920 of the final rule, an 

affected source is required to conduct sampling and analyses for 

either total strippable VOC using the Modified El Paso Method or 

EPA Method 624, or for vinyl chloride using EPA Method 107.

Affected sources must monitor no less frequently than monthly

and fix any leaks detected. We are requiring different sampling 

locations for once-through and closed loop heat exchange 

systems, as specified in 40 CFR 63.11920 of the final rule. For 

once-through systems only, you may monitor at the cooling tower 

return line prior to exposure to the air or you may monitor the 
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inlet water feed line prior to any heat exchange. If multiple 

heat exchange systems use the same water feed (i.e., inlet water 

from the same primary water source), you may monitor at one 

representative location and use the monitoring results for that 

sampling location for all heat exchange systems that use that 

same water feed. For once-through systems, you must monitor 

selected heat exchanger exit line(s) so that each heat exchanger 

or group of heat exchangers within a system is covered by the 

selected monitoring location. Monitoring of selected heat 

exchanger exit lines is also a monitoring option for closed loop 

systems. 

We are exempting a heat exchange system from the monitoring 

requirements in 40 CFR 63.11920 if all heat exchangers within 

the heat exchange system operate with the minimum pressure on 

the cooling water side at least 35 kilopascals greater than the 

maximum pressure on the process side, the heat exchange system 

does not contain any heat exchangers that are in HAP service or 

the heat exchange system has a maximum cooling water flow rate 

of 10 gallons per minute or less.

Identified leaks must be repaired as soon as practicable, 

but within 45 days after identifying the leak. We are allowing 

delay of repair as long as the total strippable VOC 

concentration is below 39 ppmw in the stripping gas or below 500 
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ppbw in the cooling water, or the vinyl chloride concentration 

in the cooling water is below 500 ppbw and other criteria are 

met. Specifically, leaking heat exchanger repairs may be delayed

if the repair is technically infeasible without a shutdown or 

the necessary equipment, parts or personnel are not available. 

To delay repairs in either case, the total strippable VOC or 

vinyl chloride concentration must initially be, and remain less 

than, the delay of repair action level for all monitoring 

periods during the delay of repair.

4. What are the initial and continuous compliance requirements 

for process vents?

To demonstrate compliance for process vents, you are

required to meet the requirements of final 40 CFR 63.11930 for 

each closed vent system that routes emissions from process vents 

to a control device. You are required to meet the initial and 

continuous compliance requirements for process vents specified 

in 40 CFR 63.11925 and 40 CFR 63.11935, the monitoring 

requirements for your process vent control device, as specified 

in 40 CFR 63.11940 and the performance testing requirements for 

process vents in 40 CFR 60.11945. You may not use a flare to 

comply with the emission limits of the final rule, as specified 

in 40 CFR 63.11925(b).
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As specified in 40 CFR 63.11925(g), affected sources are

required to characterize their process vents by developing an 

emission profile that describes the characteristics of the 

process vent stream under either absolute or hypothetical worstcase conditions. In 40 CFR 63.11950, we have provided equations

to develop the emissions profile for each batch process vent, 

including equations for vapor displacement, gas sweep of a 

partially filled vessel, heating, depressurization, vacuum 

systems, gas evolution, air drying and purging. All other 

emissions or emissions episodes for the emissions profile would 

be determined through an engineering assessment or through 

testing approved by the Administrator. See 40 CFR 63.11950(i) of 

the final rule.

Closed vent systems. In 40 CFR 63.11930 of the final rule, 

for closed vent systems, you are required to meet specified 

design requirements and install flow indicators in the bypass 

lines or meet other requirements to prevent and detect bypass of 

the control device. You must also follow the inspection, leak 

monitoring and repair requirements in 40 CFR 63.11930 of the 

final rule for closed vent systems. Closed vent systems in 

vacuum service are required to install alarms rather than 

performing leak inspection and monitoring. If you operate a 

closed vent system in vacuum service, you are not required to 
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comply with the other closed vent system requirements in the 

final rule.

Performance testing, continuous parameter monitoring system 

(CPMS) and continuous emission monitoring system (CEMS) 

requirements for process vents and associated control devices. 

Compliance is demonstrated through a combination of performance 

testing (as specified in 40 CFR 63.11925 and 40 CFR 63.11945) 

and/or monitoring using CPMS and/or CEMS that measure process 

vent control device operating parameters (as specified in 40 CFR 

63.11925, 40 CFR 63.11935 and 40 CFR 63.11940). These sections

also refer to Tables 1, 2, 6 and 7 of the final rule for 

emission limits, testing methods and requirements. Below, we 

summarize the process vent testing and compliance requirements 

by pollutant. Each performance test must consist of three test 

runs.

We are requiring that existing and new sources demonstrate 

initial compliance with the total organic HAP emission limits in 

Table 1 or 2 of the final rule by measuring THC at the outlet of 

the control device using EPA Method 25A, as specified in Table 8 

of the final rule. The minimum test run duration would be 1 

hour. To demonstrate continuous compliance with the total 

organic HAP emission limits, each control device must be tested 

once every 5 years using EPA Method 25A. 
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During the initial compliance test, you are required to 

establish values for the control device operating parameters 

specified in 40 CFR 63.11935 and 40 CFR 63.11940 (e.g., oxidizer 

temperature). You would then use a CPMS to continuously monitor 

that parameter to demonstrate continuous compliance with the 

total organic HAP limit. New and existing sources could elect to 

use THC CEMS instead of establishing operating limits and using 

CPMS to demonstrate continuous compliance for total organic HAP

emission limits. All CEMS must meet the applicable performance 

specifications, procedures and other calibration, accuracy and

operating and maintenance requirements, as specified in 40 CFR 

63.11935 of the final rule.

For vinyl chloride, you are required to demonstrate 

compliance by conducting an initial performance test using EPA 

Method 18. To demonstrate continuous compliance with the vinyl 

chloride emission limits, each control device must be tested 

once every 5 years using EPA Method 18.

For CDD/CDF, you demonstrate compliance by conducting an 

initial performance test using EPA Method 23 and continuous 

compliance must be demonstrated by conducted performance tests 

using EPA Method 23 once every 5 years. The minimum sampling 

volume collected is 5 cubic meters for Method 23. For HCl, you

must demonstrate compliance by conducting an initial performance 
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test using EPA Method 26 or 26A. The minimum sampling volumes

collected is 60 liters for EPA Method 26 or 1 cubic meter for 

EPA Method 26A. Additionally, you are required to establish 

operating parameters during the initial performance test and use 

CPMS to continuously monitor those parameters. After the EPA 

publishes final performance specifications for CEMS for HCl and 

dioxin/furans, new and existing sources have the option of using

HCl and/or dioxin/furan CEMS instead of conducting continuous 

parametric monitoring, as provided in 40 CFR 63.11925 of the

final rule. All CEMS must meet the applicable performance 

specifications, procedures and other calibration, accuracy and

operating and maintenance requirements, as specified in 40 CFR 

63.11935 of the final rule.

The final rule includes specific performance testing 

requirements, including the process operating conditions under 

which performance tests should be conducted, for continuous 

process vents and batch operations, as provided in 40 CFR 

63.11945, and discussed in sections IV.F and IV.G of this 

preamble.

All CPMS are required to have data averaging periods of 3-

hour block averages. All CPMS are required to meet minimum 

accuracy and calibration frequency requirements, as specified in 

40 CFR 63.11935 and Table 7 of the final rule. For each 
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monitored parameter, you must establish a minimum, maximum or a 

range that indicates proper operation of the control device, as 

specified in 40 CFR 63.11935(d). The final rule specifies the

parameters that would be monitored for each type of control 

device, including each oxidizer, absorber, adsorber, condenser, 

or other control device. You must also install a flow indicator 

at the inlet of the control device to indicate periods of no 

flow to the control device.

Some control devices are subject to additional emission 

point-specific performance testing requirements, as described in 

40 CFR 63.11945 of the final rule. We have included specific 

performance testing requirements for continuous process vents 

and batch operations, as provided in 40 CFR 63.11945 of the

final rule and discussed in section IV.F of this preamble.

5. What are the initial and continuous compliance requirements 

for wastewater?

As specified in 40 CFR 63.11965(b) of the final rule, we 

are requiring that you conduct an initial test for process 

wastewater streams from the affected source to determine the 

vinyl chloride and the total non-vinyl chloride HAP 

concentrations. You are required to use EPA Method 107 for 

measuring vinyl chloride and EPA SW-846 Methods 8015C, 8260B, 

8270D, and 8315A for measuring total non-vinyl chloride HAP. For 
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process wastewater streams that are not being treated, we are 

requiring that you determine which of those process wastewater 

streams, if any, require treatment in order to meet the 

wastewater emission limits. You must collect one grab sample 

immediately as the process wastewater stream leaves a process 

component and before mixing with any other wastewater stream and 

before being exposed to the atmosphere, discharged to a 

wastewater treatment process or discharged untreated as 

wastewater. 

If your process wastewater stream contains vinyl chloride 

concentrations greater than or equal to 6.8 ppmw at existing 

sources or 0.28 ppmw at new sources or total non-vinyl chloride 

HAP concentrations greater than or equal to 110 ppmw at existing 

sources or 0.018 ppmw at new sources, you are required to treat 

the wastewater stream to achieve concentrations below these 

levels. We are requiring that you measure at the outlet of the 

treatment system by collecting one grab sample each month. 

In the final rule, affected sources must comply with the 

requirements of 40 CFR 63.105 for maintenance wastewater 

streams.

For more information on the wastewater compliance 

requirements, see 40 CFR 63.11965, 40 CFR 63.11970 and 40 CFR 

63.11975 of the final rule.
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6. What are the initial and continuous compliance requirements 

for stripped resins?

In 40 CFR 63.11960 of the final rule, we are requiring that 

you conduct initial performance tests to demonstrate compliance 

with the vinyl chloride and total non-vinyl chloride HAP limits 

for stripped resins. We are also requiring that you conduct 

daily sampling and testing to demonstrate continuous compliance 

with the vinyl chloride limit and monthly sampling and testing 

to demonstrate continuous compliance with the total non-vinyl 

chloride HAP limit. The tests must be conducted at the outlet of 

the resin stripper for continuous processes and immediately 

after stripping for batch processes. You are required to use EPA 

Method 107 for measuring vinyl chloride and EPA SW-846 Methods 

8015C, 8260B, 8270D, and 8315A for measuring total non-vinyl 

chloride HAP listed in Table 10 of the final rule. 

To demonstrate initial compliance with the vinyl chloride 

and total non-vinyl chloride HAP limits, you are required to 

collect one grab sample every 8 hours for a single grade or one 

grab sample per grade of PVC resin produced, whichever is more 

frequent, for each resin stripper over a 24-hour period. You are 

required to collect samples over a 24-hour period which reflects 

the primary product being produced, based on total mass of resin 
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produced in the preceding 12 months. Grade is defined in 40 CFR 

63.12005 of the final rule.

To demonstrate continuous compliance with the vinyl 

chloride limit for a continuous process, you are required to 

collect one grab sample from each resin stripper every 8 hours 

for a single grade or one grab sample per grade of PVC resin 

produced, whichever is more frequent. To demonstrate compliance 

with the vinyl chloride limit for a batch process, you are 

required to collect one grab sample from each batch of resin 

produced. You must demonstrate compliance on a daily basis using 

a 24-hour grade-weighted average concentration, based on

production.

To demonstrate continuous compliance with the total nonvinyl chloride HAP limits for a continuous process, on a monthly 

basis, you are required to collect one grab sample every 8 hours 

for a single grade or per grade of PVC resin produced, whichever 

is more frequent from each resin stripper over a single 24-hour 

period. The 24-hour arithmetic average total non-vinyl chloride 

HAP concentration for each stripper for each resin grade 

produced during the 24-hour sampling period must be calculated 

using the individual HAP concentrations measured for the grab. 

To demonstrate continuous compliance with the total nonvinyl chloride HAP limits for a batch process, on a monthly 
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basis, you are required to collect one grab sample for each 

batch of resin produced over a 24-hour period. You must 

demonstrate compliance on a monthly basis.

7. What are the initial and continuous compliance requirements 

for other emission sources?

To demonstrate compliance with the requirements for other 

emission sources, we are requiring that, for reactors and other 

components prior to opening you follow the initial and 

continuous compliance requirements of 40 CFR 63.11955. In 40 CFR 

63.11955 of the final rule, we are requiring that each gasholder

must either be vented to a closed vent system and control device 

meeting the requirements of 40 CFR 63.11925 through 63.11950. To 

minimize fugitive emissions from gasholder water seals, we are 

also requiring the use of floating objects on the surface of the 

water seal. Affected sources must establish operating procedures 

for use of floating devices in gasholders. These operating 

procedures must describe how the floating objects will be 

maintained to ensure a reduction in fugitive emissions from the 

gasholder‘s water seal.

G. What are the performance testing requirements for batch 

process operations at major sources?

For batch process operations, performance tests must be 

conducted under the most challenging conditions that you run 
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your batch process operations to ensure that the control 

device(s) is/are operating at the level needed for compliance 

under all conditions. Subsequent to the initial compliance test, 

continuous monitoring of operating parameters established during 

the initial test is the measure of continuous compliance with 

the efficiency requirement under all conditions.

H. What are the notification, recordkeeping and reporting 

requirements at major sources?

1. Notifications and Reports

All new and existing sources are required to comply with 

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

subpart A), which are identified in Table 4 of the final 40 CFR

part 63, subpart HHHHHHH. The General Provisions include 

specific requirements for notifications, recordkeeping and 

reporting. Reports include notifications of initial startup, 

initial notification, notification of compliance status, 

compliance reports, notification of performance test, 

notification of inspection, batch pre-compliance report and 

other notifications and reports specified in the final 40 CFR 

63.11985.

The notification of compliance status report required by 40 

CFR 63.9(h) must include certifications of compliance with rule 

requirements. 
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The excess emissions and continuous system performance 

report and summary report required by 40 CFR 63.10(e)(3) of the 

NESHAP General Provisions (referred to in the rule as a 

compliance report) are required to be submitted semi-annually 

for reporting periods during which there was: An exceedance of 

any emission limit or a monitored parameter; a deviation from 

any of the requirements in the rule; or if any process changes 

occurred and compliance certifications were reevaluated. The 

final rule includes additional requirements for what you must 

include in these reports for each type of emission point. See 40 

CFR 63.11985 of the final rule.

2. Recordkeeping

The final rule requires compiling and retaining records to 

demonstrate compliance with each emission standard. These 

recordkeeping requirements are specified either directly in the 

final rule, in the General Provisions to 40 CFR part 63 and in 

40 CFR part 63, subparts F, UU and WW. Records that we are 

requiring that you keep include performance tests, records of 

CPMS and CEMS, records of malfunctions, records of deviations, 

records specific to each emission point and other records 

specified in 40 CFR 63.11990. The 40 CFR part 63 General 

Provisions requirements that apply are listed in Table 4 of the 

final rule. We are requiring that records be kept for 5 years in 
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a form suitable and readily available for EPA review. We are 

requiring that records be kept on-site for 2 years; you may keep 

the records off-site for the remaining 3 years. See 40 CFR 

63.11990 of the final rule.

I. What are the requirements for area sources?

We are revising the existing NESHAP for PVC production area 

sources (40 CFR part 63, subpart DDDDDD), based on the results 

of our GACT analysis, as explained in section V.H of this 

preamble. The final rule subcategorizes process vents and 

stripped resin at existing and new area sources in the same 

manner as major sources. All new and existing sources are 

required to comply with requirements of the General Provisions 

(40 CFR part 63, subpart A), are identified in Table 4 of the 

final 40 CFR part 63, subpart DDDDDD. The final rule contains 

the same notification, reporting, and recordkeeping requirements 

for area sources as for major sources. In the final rule, 

performance testing requirements at batch operations as well as 

process change requirements, discussed in sections IV.G and IV.F

of this preamble, respectively, are the same for PVC area 

sources as for major sources. The final rule requires area 

sources to meet the following requirements:

1. Storage Vessels and Handling Operations
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Storage vessel and handling operations at existing and new 

PVC area sources are subject to the same standards and 

compliance requirements as major sources, as discussed in 

sections IV.E.1 and IV.F.1 of this preamble. 

2. Equipment Leaks

Equipment leaks at existing and new PVC area sources are 

subject to the same standards and compliance requirements as 

major sources, as discussed in sections IV.E.2 and IV.F.2 of 

this preamble. 

3. Heat Exchange Systems

Heat exchange systems at existing and new PVC area sources 

are subject to the same standards and compliance requirements as 

major sources, as discussed in sections IV.E.3 and IV.F.3 of 

this preamble.

4. Process Vents

PVC-only process vents and PVC-combined process vents from 

existing and new PVC area sources are subject to the emission 

limits summarized in Table 11. They are also subject to the same 

requirements as major sources for demonstrating compliance 

(e.g., continuous parametric monitoring, performance tests, test 

methods, etc.), as discussed in section IV.F.4 of this preamble.

Table 11. Emission Limits for Process Vents at Existing and New 

Area Sources

Subcategory Pollutant Emission Limitsa

Existing Sources New Sources
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Subcategory Pollutant Emission Limitsa

Existing Sources New Sources

PVC-only process 

vents

Vinyl 

chloride 5.3 ppmv 5.3 ppmv

Total organic 

HAP 140 ppmv 140 ppmv

Dioxin/Furans 

(TEQ) 0.13 ng/dscm 0.13 ng/dscm

PVC-combined 

process vents

Vinyl 

chloride 0.58 ppmv 0.58 ppmv

Total organic 

HAP 29 ppmv 29 ppmv

Dioxin/Furans 

(TEQ) 0.076 ng/dscm 0.076 ng/dscm

a ppmv = parts per million by volume dry at 3-percent O2.

 ng/dscm = nanograms per dry standard cubic meter at 3-percent O2.

5. Other Emission Sources

Other emission sources include reactor and other component 

opening losses and gasholders. These emission sources at 

existing and new PVC area sources are subject to the same 

standards and compliance requirements as major sources, as 

discussed in section IV.E.5 and IV.F.7 of this preamble. 

6. Stripped Resins

Stripped resins at new and existing area sources are 

subject to the emission limits summarized in Table 12. They are 

also subject to the same compliance requirements as major 

sources, as discussed in sections IV.E.6 and IV.F.6 of this 

preamble. The existing area sources produce bulk and suspension 

resins and we have established GACT limits for those resin 

subcategories based on data for the two area sources. However, 

as discussed in section V of this preamble, existing major 
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sources may have the potential to become synthetic area sources 

by taking federally enforceable permit limits before the first 

compliance date of this rule. Therefore, we are also setting 

existing area source limits for dispersion resin, suspension 

blending resin and copolymer resin. We are also establishing 

limits for new area sources based on the type of resin that 

could potentially be produced: (1) bulk resin, (2) dispersion 

resin, (3) suspension blending resin, (4) suspension resin, and 

(5) copolymer resin. 

Table 12. Emission Limits for Stripped Resins at New and 

Existing Area Sources

Subcategory Pollutant

Emission Limits

(ppmw)

Existing Sources New Sources

Bulk resin

Vinyl chloride 7.1 7.1

Total non-vinyl 

chloride HAP 170 170

Suspension

Vinyl chloride 36 36

Total non-vinyl 

chloride HAP 36 36

Dispersion

Vinyl chloride 1,500 1,500

Total non-vinyl 

chloride HAP 320 320

Suspension 

blending

Vinyl chloride 140 140

Total non-vinyl 

chloride HAP 500 500

Copolymer

Vinyl chloride 790 790

Total non-vinyl 

chloride HAP 1,900 1,900
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7. Wastewater 

In the final rule, we are requiring that process wastewater 

streams at existing and new PVC area sources reduce the 

concentration of vinyl chloride and total non-vinyl chloride 

HAP, measured immediately as the process wastewater stream 

leaves a process component and before mixing with any other 

wastewater stream, to no more than the levels specified in Table 

13 of this preamble. We are also requiring that wastewater 

streams from existing and new PVC area sources meet the same 

requirements for demonstrating compliance as major sources

including maintenance wastewater work practices, as discussed in 

section IV.F.5 of this preamble.

Table 13. Limits for Process Wastewater at New and Existing Area 

Sources

Pollutant Emission Limits 

(ppmw)

Vinyl chloride 2.10

Total non-vinyl chloride HAP 0.018

J. What are the electronic data submittal requirements?

The EPA must have performance test data to conduct 

effective reviews (e.g., risk assessment) of CAA section 112 

standards, as well as for many other purposes, including 

compliance determinations, emission factor development and 

annual emission rate determinations. In conducting these 

reviews, the EPA has found it ineffective and time consuming, 
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not only for us, but also for regulatory agencies and source 

owners and operators to locate, collect and submit emissions 

test data in paper form because of varied locations for data 

storage and varied data storage methods. In recent years though, 

stack testing firms have typically collected performance test 

data in electronic format, making it possible to move to an 

electronic data submittal system that would increase the ease 

and efficiency of data submittal and improve data accessibility.

In the final rule, the EPA is including a step to increase 

the ease and efficiency of data submittal and improve data 

accessibility. Specifically, we are requiring owners and 

operators of PVC production facilities to submit electronic 

copies of certain required performance test reports to the EPA‘s 

WebFIRE database. The WebFIRE database was constructed to store 

performance test data for use in developing emission factors. A 

description of the WebFIRE database is available at 

http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main. 

Data entry will be through an electronic emissions test 

report structure called the Electronic Reporting Tool (ERT). The 

ERT is able to transmit the electronic report through the EPA‘s 

Central Data Exchange (CDX) network for storage in the WebFIRE 

database, making submittal of data very straightforward and 
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easy. A description of the ERT can be found at 

http://www.epa.gov/ttn/chief/ert/ert_tool.html.

The requirement to submit source test data electronically 

to the EPA applies only to those performance tests conducted 

using test methods that are supported by the ERT. The ERT 

contains a specific electronic data entry form for most of the 

commonly used EPA reference methods. A listing of the pollutants 

and test methods supported by the ERT is available at 

http://www.epa.gov/ttn/chief/ert/ert_tool.html. Industry will 

benefit from this approach to electronic data submittal. Having 

these data, the EPA will be able to develop improved emission 

factors, make fewer information requests and promulgate better 

regulations.

One major advantage of submitting source test data through 

the ERT is that it will provide a standardized method to compile 

and store much of the documentation required to be reported by 

this final rule. Another advantage is that the ERT clearly 

states what testing information is required. 

Another important benefit of submitting these data to the 

EPA at the time the source test is conducted is that it should 

substantially reduce the effort involved in data collection 

activities in the future. When the EPA has performance test data

in hand, there will likely be fewer or less substantial data 
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collection requests in conjunction with prospective required 

residual risk assessments or technology reviews. This would 

result in a reduced burden on both affected facilities (in terms 

of reduced manpower to respond to data collection requests) and 

the EPA (in terms of preparing and distributing data collection 

requests and assessing the results).

State, local and tribal agencies may also benefit from a

more streamlined and accurate review process rather than a 

manual data assessment, making review and evaluation of the 

source provided data and calculations easier and more efficient. 

Finally, another benefit of the data submittal to WebFIRE 

electronically is that these data would greatly improve the 

overall quality of existing and new emissions factors by 

supplementing the pool of emissions test data for establishing 

emissions factors and by ensuring that the factors are more 

representative of current industry operational procedures. A 

common complaint heard from industry and regulators is that 

emission factors are outdated or not representative of a 

particular source category. With timely receipt and 

incorporation of data from most performance tests, the EPA would 

be able to ensure that emission factors, when updated, represent 

the most current range of operational practices. In summary,

consistent with Executive Order 13563, Improving Regulation and 
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Regulatory Review, issued on January 18, 2011, in addition to 

supporting regulation development, control strategy development 

and other air pollution control activities, having an electronic 

database populated with performance test data should save 

industry, state, local, tribal agencies and the EPA significant

time, money and effort, while also improving the quality of 

emission inventories and, as a result, air quality regulations.

V. Significant Public Comments and Rationale for Changes to the 

Proposed Rule

This section contains a brief summary of major comments and 

responses, and rationale for changes made to the proposed rule. 

The EPA received many comments covering numerous topics. The 

EPA‘s responses to all comments, including those below, can be 

found in the National Emission Standards for Hazardous Air 

Pollutants for Polyvinyl Chloride and Copolymers Production: 

Summary of Public Comments and Responses, in the PVC docket 

(EPA-HQ-OAR-2002-0037).

A. Affected sources

In the proposed rule, the affected source was defined as 

each individual PVCPU, and a new affected source was a PVCPU for 

which construction commenced on or after May 20, 2011, at a 

major or area source. The proposed rule also required that, if 

components of an existing affected source were replaced such 

that the replacement met the definition of reconstruction in 40 
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CFR 63.2 and the reconstruction commenced on or after May 20, 

2011, then that existing source becomes a reconstructed source 

and is subject to the relevant standards for a new affected 

source. 

After reviewing the proposed rule and preamble language on 

affected sources, we have determined that the definition is not 

consistent with the requirements of the 40 CFR part 63 General 

Provisions, as amended at 67 FR 16582 (April 5, 2002). In the 

preamble to that rulemaking, the EPA discussed our intent that 

future (i.e., ―future‖ to the April 5, 2002 rulemaking) MACT 

standards will generally adopt a definition of affected source 

which consists of all existing HAP-emitting equipment and

activities which are at a single contiguous site and are within 

a specific category or subcategory. Consistent with that 

discussion, 40 CFR 63.2 of the General Provisions was amended 

such that the definition of ―affected source‖ states that the 

affected source includes the collection of all equipment defined 

in the source category definition that is located at a facility

except when a broad definition would result in significant 

administrative, practical or implementation problems. Also in 40 

CFR 63.2, the definition of ―new affected source‖ establishes 

that a new affected source can be defined more narrowly than 

affected source, but only if the EPA makes a finding that a 
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different collection of equipment (i.e., narrower definition of 

new affected source) is warranted, based on any of 8 listed 

criteria, as follows:

(1) Emission reduction impacts of controlling individual 

sources versus groups of sources;

(2) Cost effectiveness of controlling individual equipment;

(3) Flexibility to accommodate common control strategies;

(4) Cost/benefits of emissions averaging;

(5) Incentives for pollution prevention;

(6) Feasibility and cost of controlling processes that 

share common equipment (e.g., product recovery devices);

(7) Feasibility and cost of monitoring; and

(8) Other relevant factors.

See 40 CFR 63.2.

In the proposed rule, we did not provide rationale as to 

the more narrow definition of affected source than what is 

predicated by the definition of affected source at 40 CFR 63.2. 

Additionally, under the proposed rule, the affected source was 

each PVCPU, but a PVCPU was defined very broadly to include all 

equipment connected by shared piping, including equipment that 

is typically shared by multiple units, such as heat exchangers 

and wastewater treatment systems. By defining a PVCPU in this 

manner, a facility that makes a change to any existing PVCPU 
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such that it is subject to new source requirements or that adds 

a new PVCPU could require existing affected sources to also 

comply with the more stringent new source standards. For 

example, if the facility chose to comply with the emission 

limits for the new PVCPU unit using an existing control device 

that also controlled emissions from other existing PVCPU, then 

all the PVCPU routing to that control device would have to meet 

the new source emissions limit because there would be no way to 

differentiate the streams at the control device. Because it 

might not be technically possible for existing PVCPU to meet the 

new source requirements, the alternative would be to construct 

dedicated controls or supporting process equipment for new 

sources, resulting in significant and unreasonable compliance 

costs. 

Therefore, to be consistent with the General Provisions, to 

clarify the requirements for new sources, and to avoid 

unreasonable cost impacts of the rule, in the final rule we are 

changing the affected source definition to be the collection of 

one or more PVCPU and associated heat exchange systems, 

wastewater treatment systems and storage vessels. A new affected 

source is defined as any one of the following three situations:

One or more PVCPU that are constructed at a greenfield 

facility on or after the date of proposal.
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One or more process units that previously did not 

produce PVC but undergo process changes to start 

producing PVC, if the changes occur at a facility that 

did not produce PVC prior to proposal and the 

construction on the process change commenced on or 

after the date of proposal.

Reconstructed existing PVCPU.

This approach is consistent with the General Provisions and 

the intent of the Clean Air Act to apply new source MACT only to 

new or reconstructed equipment.

B. Overlapping rules

Comment: Commenters expressed concern about overlapping 

requirements between the PVC MACT and other MACT that may be 

applicable to PVC and EDC/VCM facilities. One commenter 

requested that promulgation of the PVC MACT be delayed until a 

consolidated rule can be issued that also addresses EDC/VCM 

manufacturing facilities because the application of two separate 

rules is confusing to the regulated community. Another commenter 

proposed that the EPA expressly state that PVC vent streams and 

the centralized thermal oxidizers and ancillary equipment in 

which they are controlled with EDC/VCM vent streams shall not be

subject to the requirements of the PVC MACT as long as they are 

controlled by the HON or other MACT standards because the EPA 
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has made similar accommodations to address overlapping and 

conflicting requirements in previous MACT rules. 

Other commenters requested that the EPA provide overlap 

provisions for facilities that are already subject to other MACT 

standards. The commenters stated that affected sources currently 

subject to other part 63 NESHAP should have the option to choose 

one compliance option for the entire source rather than trying 

to demonstrate compliance with two separate requirements for the 

same equipment. One commenter pointed out that the proposed rule 

could cause regulatory inconsistencies because, for a PVCPU 

utilizing a control device system already regulated under 

another part 63 MACT (e.g., HON), the provisions of the PVC MACT 

would apply to waste gases from the PVC unit and the provisions 

of the other part 63 MACT would apply to the affected sources 

within the other MACT. 

One commenter proposed that the EPA should provide an 

option in the final rule that would allow the owner/operator to 

continue to comply with the existing 40 CFR part 63, subpart 

FFFF, the Miscellaneous Organic Chemical Manufacturing (MON) 

MACT in lieu of the PVC MACT rule if greater than 50 percent of 

the heat input or the organic HAP vent flow to a ―shared‖ 

emission control device are from facilities that are subject to 

the MON MACT. 
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Response: In response to several of the comments, the final 

rule contains two subcategories for process vents: PVC-only 

process vents and PVC-combined process vents. Although this 

rulemaking is not consolidated with a rule for EDC/VCM 

production in the manner suggested by the commenter, the PVCcombined process vents subcategory addresses the concerns 

expressed. It was not the intent of this rule to perform a rule 

by rule stringency evaluation of each potential overlapping 

rule. The process vent standards in the final rule for combined 

streams, e.g., from PVC and EDC/VCM, are based on and are 

consistent with emission testing conducted by the PVC and 

EDC/VCM industries in response to our CAA section 114 requests

of PVC, VCM and EDC facilities. Our decision to set limits for 

the two process vent subcategories is further discussed in 

section V.D of this preamble. As an alternative to complying 

with multiple standards for the same emission point, such as 

process vents, a facility that routes multiple streams subject 

to different standards to the same control device could choose 

to separate the two emission streams to two separate control 

devices, and thereafter, comply with each standard separately.

We disagree with the commenters that requested the final 

rule should clearly state the governing rule when regulations 

overlap. If an emission point is subject to both the PVC NESHAP 
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and other NESHAP because emissions from two source categories 

are vented to the same control device, both standards apply. 

Multiple standards applicable to one emission point for the same 

pollutant are not necessarily ―conflicting‖ or ―inconsistent.‖ 

In some standards, the EPA has allowed compliance with another 

overlapping standard to be considered in compliance with the 

standard. However for this rule, it would not be appropriate to 

state that sources automatically or optionally may comply with 

another NESHAP in lieu of the PVC NESHAP because the 

requirements of the other NESHAP may be less stringent than the 

PVC NESHAP, including its MACT floor-based standards. The PVC 

industry has historically been subject to strict regulations

(i.e., 40 CFR part 61, subpart F). If the EPA were to allow 

sources to meet the requirements from overlapping, but 

potentially less stringent rules, there is a possibility of 

backsliding on previously applicable standards. We did not 

include language that defines the more stringent requirements

when rules overlap due to the wide variety of compliance options 

in overlapping rules. This variety makes it difficult to develop 

language that would not inadvertently allow a PVC facility to 

comply with requirements less stringent than those contained in 

the final PVC rules or less stringent than the required control 

level in an overlapping rule. We also disagree with allowing PVC 
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sources to comply with other regulations, such as the MON, 

instead of complying with the PVC MACT, if 50 percent of the 

heat input or vent flow to a control device is from a source 

regulated by the other standard. Such an approach is unjustified 

because the emissions from the PVC process might not meet the 

PVC MACT limits and achieve the required HAP reductions 

(described in the previous paragraph). It would also be 

inappropriate to determine the governing rule for PVC facilities 

based on vent gas flow rate or heat input because the PVC 

process vent limits are on a concentration basis, which is 

unrelated to flow rate or heat input. For example, the PVC 

stream could have a high pollutant concentration but low flow 

rate. In this case, if the commenter's suggestion were 

incorporated into the final rule, the vent stream potentially 

could have higher emissions than required by the PVC MACT

standards. Additionally, the final PVC rule sets limits for four 

pollutants, which may not match the pollutants regulated by the 

other rule. 

C. Pollutants Regulated

Comment: One commenter contended the CAA required that 

standards be set for individual HAP (e.g., pollutant-bypollutant standards) and that a 2004 District of Columbia 

Circuit Court decision established criteria that surrogates must
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meet. The commenter stated that the EPA does not even 

acknowledge this test or provide an argument that total HAP 

satisfies the identified criteria: (1) Target HAP is 

―invariably‖ present in the surrogate pollutant, (2) methods to 

control or capture the surrogate pollutant ―indiscriminately‖ 

control or capture the target HAP and (3) the controls for the 

surrogate are the ―only means‖ by which facilities ―achieve‖ 

reductions of the target HAP. Another commenter claimed that 

each pollutant should have emission limits and procedures that 

achieve reduction, instead of making vinyl chloride the 

surrogate. Another commenter added that the EPA‘s failure to set 

emissions standards for each HAP that PVC plants emit 

contravenes the CAA and that the EPA must demonstrate that total 

HAP is a valid surrogate. One commenter suggested that limits

for the individual most toxic and most prevalent HAP, as well as 

the total, should be developed. Another commenter added that the 

proposed rule only limited vinyl chloride in monitoring of 

leaks, process components and wastewater streams where there are 

many other HAP and toxins present. 

Another commenter agreed with the proposed rule that total 

organic HAP is the appropriate parameter for limiting emissions 

and the only workable approach for developing limits that comply 

with the CAA, and also provide the product flexibility needed by 
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the industry‘s downstream customers. The commenter submitted 

that a pollutant-by-pollutant approach will not reflect an 

emission level that is achieved by the best performing 

facilities in the industry due to the variability in emissions 

across the best performing facilities, consistent with the 

Court‘s observations in the PVC MACT Case. 

Response: We disagree with commenters that stated that 

vinyl chloride or total HAP is used in the rule as a surrogate 

for other individual HAP and therefore do not agree that 

criteria applicable to surrogates must be met. In the final rule 

we set limits for vinyl chloride as well as total HAP (or total 

non-vinyl chloride HAP) for process vents, stripped resin, and 

wastewater. We set limits for vinyl chloride because it is the 

most prevalent HAP for the PVC source category, is identified as 

one of the 30 urban HAP, and is regulated under the Part 61 

NESHAP; we did not set vinyl chloride limits as a surrogate to 

limit other individual HAP. We set limits for total HAP (or 

total non-vinyl chloride HAP) to directly regulate and limit all 

HAP (or all non-vinyl chloride HAP) we have identified that are 

emitted from PVC plants.

A PVC facility can produce many different grades of PVC 

resin, each having different characteristics based on a 

different chemical formulation and production recipe and 
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consequently a different HAP emission profile. The MACT floor 

analyses were based on limited information provided to the EPA 

from emission tests and resin sampling conducted by each company 

in response to our August 21, 2009, CAA section 114 information 

collection request of the PVC industry. These data are 

necessarily specific to the particular grade of resin that was 

being manufactured at the time of the testing/sampling and 

provide specific information only on the compounds measured 

during those limited time periods.

The final standards, on the other hand, are required under 

the CAA to apply to production of any and all grades of PVC 

resin. The EPA must set standards that apply not merely to 

production of grades of PVC resin that were tested/sampled but 

also to production of any grade of PVC resin that may be 

produced currently or in the future. PVC facilities are free to 

produce any type of resin according to the needs of their 

customers and their own business decisions, and information 

provided to the EPA by industry indicates that the HAP emitted 

varies depending on the grade of PVC produced, so the EPA‘s rule 

accommodates this diversity in processes. The EPA does not have 

testing/sampling or any other emissions information on whether 

there would be different levels of HAP or different HAP emitted 

when other grades of resin are produced. Because of the variety 
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of PVC resin types produced and even greater variety of resin 

grades that could be produced, associated diversity of chemical 

formulations and production recipes for these resin grades, 

resulting differences in HAP emission profiles, and the limited 

emissions and sampling data available to the EPA which are 

specific to the particular grades of resin produced at the time 

of testing/sampling, it is infeasible to set separate limits for 

individual HAP emitted from PVCPUs, other than vinyl chloride 

(which is discussed in the preceding paragraph). 

Instead, we set total HAP (or total non-vinyl chloride HAP) 

standards that directly apply to and limit all HAP (or all nonvinyl chloride HAP) from the PVC source category, as reported in 

test/sampling data available to the EPA. Control technologies 

used to meet the total HAP (or non-vinyl chloride total HAP) 

emission limit are the same technologies that would be used to 

reduce emissions of individual HAP species emitted from process 

vents (e.g., combustion or recovery devices), stripped resin 

(e.g., resin strippers), as well as wastewater (e.g., steam 

stripper). Our approach addresses the need to set MACT limits 

that apply to all HAP emitted by the source category while 

producing any PVC resin, in compliance with the Act and judicial 

caselaw, while avoiding the potential need to subcategorize by 

resin grade such that many, or perhaps nearly all, resin grades 
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would have their own subcategory, MACT analysis, and limit, 

based on prohibitively burdensome testing/sampling.

If the EPA were to set limits for individual HAP, we likely 

would need to establish a large number of subcategories for 

different grades of resin because different resin grades, 

although within the same subcategory in this final rule, are 

used for different purposes and therefore have different 

chemical compositions, leading to different HAP emissions levels 

from process vents, stripped resin and wastewater. Although the 

EPA does not have enough information at this time to make 

definitive determinations, if we were to subcategorize by grade 

of resin it might be necessary to develop hundreds to thousands 

of subcategories in order to justify applying the same MACT 

analysis and emission limits to all resin grades within each new 

subcategory. For example, one grade of dispersion resin may have 

certain chemical inputs while another grade of dispersion resin 

may have some of the same and some different chemical inputs.

Based on the testing/sampling required to be conducted by 

industry for this rulemaking, extensive testing/sampling would 

be necessary to justify each subcategory limit for each HAP. 

Such an approach likely would extend the rulemaking schedule by 

2 to 3 years, if not longer. We also note that the approach of 

setting total HAP limits is consistent with the approach in 
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other NESHAP, such as 40 CFR part 63, subpart FFFF (the MON),

which has been successful in limiting, not only total HAP, but 

also individual HAP.

For process vents, we also established emission limits for 

two additional pollutants, CDD/CDF and HCl, because, unlike the 

other HAP emitted from PVCPU process vents, these two pollutants 

are generated from combustion control of HAP from PVCPU process 

vents and require unique control techniques and emission limits 

to achieve control. 

One commenter is incorrect in stating that the EPA set only 

vinyl chloride limits for process wastewater. The proposed and 

final rules set emission limits for vinyl chloride and total HAP 

(non-vinyl chloride total HAP in final rule). The commenter is 

also incorrect that the equipment leak standards have a vinyl 

chloride limit. Applicability of equipment leak work practice 

standards are determined based on whether the process component 

is in HAP service. In HAP service means that a process component 

either contains or contacts a liquid that is at least 5-percent 

HAP by weight or a gas that is at least 5 percent by volume HAP. 

Additionally, all equipment leak standards are based on 

determining VOC leaks from equipment using EPA‘s Method 21; and 

fixing leaks that are detected, which reduces VOC emissions. A 

HAP specific leak definition for each individual HAP is not 
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possible because Method 21 does not differentiate compounds in 

the VOC.

Comment: Several commenters raised issues with the term HAP

and related terms, such as TOHAP and total HAP. Two commenters 

stated that, though the EPA refers to sampling and specific 

limits for HAP and organic HAP (OHAP), there is no definition of 

HAP, OHAP, or total OHAP (TOHAP) provided for process vents, 

stripped resin or other emission sources. Two commenters stated 

that these subsets of HAP should be restricted and defined

because the PVC manufacturing process does not have the 

potential to emit the entire list of HAP designated by the CAA. 

Another commenter requested that a subset of the complete list 

of TOHAP be defined specifically for suspension type process 

facilities. Two commenters submitted a subset of the complete 

list of organic HAP that is appropriate to define in the rule. 

The commenters submitted 19 HAP that should be subjected to a 

stripped resin limitation through the TOHAP approach and 11 

additional HAP that were not detected, but analyzed and reported 

as non-detect. 

Response: The term ―hazardous air pollutant‖ (HAP) is 

defined in 40 CFR 63.2 as (―any air pollutant listed in or 

pursuant to section 112(b) of the Act‖), which applies to this 

rule. It follows directly that ―total non-vinyl chloride HAP‖ 
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means all HAP except vinyl chloride. The terms ―organic HAP‖ and 

―total organic HAP‖ are commonly understood terms meaning HAP 

that are carbon based, individually or in total, respectively.

In the proposed rule, we did not limit the definitions of 

total organic HAP or total HAP to a specific set of HAP that are 

emitted by the PVC industry. Part of our intent through the 

issuance of the required process vent testing and resin sampling 

under our CAA section 114 authority was to obtain data on which 

HAP were in fact used, produced, and/or emitted from PVC 

production facilities. We have considered the commenters 

suggestions on requiring compliance based on a subset of HAPs, 

i.e., those HAPs that have the potential to be emitted from PVC 

facilities. Based on our analysis of the process vent testing 

data, resin sampling data and responses to our August 21, 2009,

CAA section 114 information collection request, we recognize 

that the industry does not emit all HAP, but rather only a 

subset of HAP. We reviewed the suggested list of HAP by the 

commenters and compared that list to the sampling data 

submitted. We concluded that it is appropriate to limit the 

number of HAP that must be analyzed in both stripped resins and 

process wastewater samples to 30 HAP in addition to vinyl 

chloride. Our analysis is documented in the memorandum,

‖Analysis of HAP in Stripped Resins and Wastewater for the Final 
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PVC Rule.‖ We are setting numeric emission limits for total 

organic HAP from process vents and total non-vinyl chloride HAP 

for stripped resins and process wastewater, in conjunction with 

numeric vinyl chloride, HCl, and D/F emission limits, as 

applicable, for process vents and vinyl chloride limits for 

stripped resin and process wastewater, to directly regulate and 

limit all HAP that we have identified are emitted from PVC 

plants. For the final rule, we are limiting the HAP that must be 

tested in stripped resin samples and process wastewater samples 

to a subset of HAP that were detected by at least one facility

and those HAP that are known to possibly be present in the PVC 

production process, but that were not detected above the 

detection levels at any facilities. We are including those

compounds to ensure that they would be included in the 

facility‘s calculation of total non-vinyl chloride HAP should 

those compounds become present in the process in detectable 

quantities. For process vents, we are not limiting the 

definition of total organic HAP to a subset of specific HAP as 

facilities have a compliance option of, as described in the 

proposed rule, to with a total hydrocarbon limit. Demonstrating 

compliance with the THC limit does not require testing based on 

a list of specific HAP as EPA Method 25A measures total 

hydrocarbons and not speciated HAP.
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D. Subcategories

Comment: Two commenters contended that the EPA should use 

data from stand-alone PVC facilities to establish the process 

vent emission limits. Another commenter asserted that the agency 

recognized that it was important to set standards based on PVConly vent gas flows and required industry to isolate and burn 

PVC-only vent streams at co-located facilities. The commenter 

added that thermal oxidizers at stand-alone EDC/VCM plants or 

co-located with PVC plants tend to be much larger than those at 

stand-alone PVC units. To produce data in response to the CAA 

section 114 testing required for PVC facilities, the commenter 

stated that large volumes of natural gas were burned to treat 

the small PVC-only vent streams to make up for the other 

streams, such as EDC or VCM, that had been tied off as 

instructed by the 114, resulting in a non-representative 

emission profile. The commenter noted that the Vinyl Institute 

Working Group submitted to the EPA a list of facilities (standalone PVC plants) that it believes is appropriate to use in 

setting the MACT floor for process vents. 

Response: This final rule contains two subcategories for 

process vents: PVC-only process vents and PVC-combined process 

vents. In response to comments submitted by the industry and 

others, based on our review of those comments and a subsequent 
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review of the testing data submitted in response to our August 

21, 2009, CAA section 114 information collection request for the 

PVC industry, we determined that there are significant 

differences in the size and type of process vents that originate 

from PVCPU and process vents from PVCPU that are combined with 

process vents from other source categories, such as EDC/VCM or 

other HON sources, prior to control. The differences in the HAP 

concentrations in the process vent streams arise from the 

fundamental differences in the products, unit operations and the 

manufacturing process of the source categories that are 

typically co-located with and/or that share a control device 

with a PVC affected source. Examples include ethylene dichloride 

and vinyl chloride monomer manufacturing processes, which are 

commonly co-located with a PVC production process and 

manufacture the primary raw materials (ethylene dichloride is 

used to produce vinyl chloride monomer) used in the production 

of PVC resin. Additionally, the average control device 

volumetric outlet flow rate is 2,100 percent greater for process 

vents from PVCPU that are combined with process vents from other 

source categories compared to process vents that originate only 

from PVCPU, a significant difference in size. Therefore, in the 

final rule, we have established two subcategories for process 

vents: PVC-only and PVC-combined. PVC-only process vents 
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comprise process vent streams that originate solely from a PVC

affected source. We agree with commenters who suggested that the 

testing conducted using large volumes of natural gas to treat 

these small PVC-only vent streams did not produce a 

representative emission profile. Therefore, we did not include 

those tests results to determine the PVC-only MACT floors for 

process vents. PVC-combined process vents comprise process vent 

streams that originate from a PVCPU and that are combined or are 

co-controlled with process vent streams that originate from 

other source categories, such as EDC or VCM production 

processes. Details on the determination of MACT floors and 

limits for process vents are documented in the technical 

memorandum, Revised MACT Analysis for the Polyvinyl Chloride and 

Copolymers (PVC) Production Source Category, which is available 

in the docket.

Comment: Two commenters contended that PolyOne's vent gas 

absorbers are recovery devices and not control devices because 

they capture and recycle vinyl chloride back into the production 

process, rather than treating it as a waste. The commenters

added that, because PolyOne's vent gas absorbers do not operate 

at elevated temperatures or combust the vinyl chloride, they do 

not result in the formation of additional HAP or generation of 

unwanted byproducts, such as dioxin and greenhouse gases. The 
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commenters contended that the proposed MACT would require backup 

thermal oxidizers to be used continuously. The commenter added 

that large amounts of energy will be consumed and greenhouse 

gasses emitted in an effort to control a tiny amount of VOC. The 

commenter concluded by arguing consideration should be given to 

the overall air impact of operating backup thermal oxidizers 

continuously. 

Another commenter stated that the flow rate out of 

PolyOne's absorbers is two orders of magnitude less than the 

emissions flow rate from control device technology that includes 

thermal oxidizers and scrubbers combined. The commenters stated 

that the proposed MACT should take emissions rates into 

consideration and not solely rely on emissions concentrations 

when establishing limits for recovery devices. One commenter 

added that for sites equipped with vent gas absorber recovery 

technology, thermal oxidizers are necessary only in the event of 

an outage or malfunction with the operation of the vent gas 

absorbers to ensure that any vinyl chloride which is not 

recycled back to the process is destroyed.

Response: The rule contains emission limits for process 

vents that apply at the point where the gaseous stream is 

released to the atmosphere. While we recognize that a vent gas 

absorber at the commenter‘s facilities recover vinyl chloride, 
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those absorbers also have stacks that emit to the atmosphere and 

would therefore be subject to the process vent limit. The rule 

does not require that affected sources use a specific control or 

recovery device to meet the process vent limits, and the final 

emission standards are not based on whether a vent gas absorber 

is classified as a recovery device or control device. An 

affected source may use any control device or control technique 

to reduce the process vent emissions to meet the required 

limits. We considered setting alternative formats for the 

process vent emission limits. However, we did not have 

sufficient information provided from industry on process vent 

stream flow rates and concentrations to develop or evaluate 

percent reduction or mass emission rates.

Comment: Many commenters contended that the EPA should 

further subcategorize resins. One commenter stated that EPA 

should recognize that resin recipes, production processes and 

equipment required for end product utility, govern the emissions 

and the ability to strip each type of resin. The commenter 

stated that the data provided by the Vinyl Institute 

demonstrates the differences between production processes and 

PVC morphology and particle size of the PVC products 

manufactured. The commenter added that these differences equate 
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to differences in ability to steam strip the resin of vinyl 

chloride, among other things. 

Several commenters stated that copolymer resins are a 

completely different chemistry from homopolymer resins and 

should be regulated through their own subcategory. The 

commenters requested that EPA subcategorize stripped resin by 

differences in chemistry (co-monomers), raw material inputs, 

process equipment, resin types and grades or other factors, 

provided such subcategorization is reasonable. 

One commenter objected to the agency‘s proposal to 

subcategorize resins as ―bulk‖ and ―dispersion,‖ with all other 

resins, including copolymers, suspension blending and suspension 

resins relegated to an ―other resin‖ subcategory. The commenter 

stated that the EPA‘s proposed subcategorization scheme is 

textually inconsistent and will likely cause regulatory 

confusion within the industry. The commenter stated the agency‘s 

proposed subcategories ignore critical differences in processing 

equipment, material inputs and resin morphology that have a

critical and differentiating impact on the HAP profile of the 

various resins. Commenters contended that, at a minimum, the EPA 

should organize stripped resin limits along the following 

subcategories for homopolymers: Suspension, dispersion, bulk and 

blending, and for copolymers: Suspension, dispersion, blending 
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and solution. The commenter added that by definition,

―copolymers‖ were considered distinct enough from polyvinyl 

chloride polymers that the EPA used the conjunctive ―and 

copolymers‖ to describe the source category being addressed 

here. 

One commenter added that the EPA should subcategorize 

copolymers by the resin type because they are capable of being 

manufactured in different processes (suspension, dispersion and 

solution) that present completely different HAP emission 

profiles. The commenter stated that the general class of 

copolymers requires differentiation from the homopolymer 

category. The commenter added that within this copolymer class 

there are different resin types (suspension, dispersion,

blending and solution) that require subcategorization similar to 

homopolymers. The commenter continued that for each resin type, 

however, the choice of co-monomer creates different HAP profiles 

impacting the HAP analyzed; co-monomers are chosen, based on the 

end product characteristics specified by the customer. The 

commenter added that the vinylidene chloride copolymer is a 

highly crystalline polymer, making the removal or stripping of 

vinyl chloride from the resin more difficult than typical PVC 

polymers. The commenter stated that, to require its facility to 
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meet this proposed standard for all other resins, is technically 

infeasible, based on the unique chemistry used. 

Several commenters contended that dispersion resins should 

be regulated separately from suspension blending resins. The 

commenters stated that the production of different types of PVC 

resins, dispersion and suspension blending should be included in 

the MACT as their own categories due to the very different 

nature of both the manufacturing technologies used and the 

resins produced. The commenter added that suspension blending 

resins are a type of specialty resin used in flooring, 

automotive interiors and synthetic leather products. The 

commenters stated that the proposed MACT does not specifically 

address suspensions blending resins, leaving this class of resin 

manufacturing unclear. Further, for the same reasons discussed 

for dispersion resins, the commenters contended that suspension 

blending resins require a separate subcategory under the 

proposed MACT; suspension blending resins have very different 

characteristics than generic suspension resins, including smooth 

surfaces and different particle sizes of distribution, all which 

present different challenges when stripping vinyl chloride from 

a different resin.

One commenter added that the previous 30-day data submitted 

pursuant to the EPA's CAA section 114 request for PVC facilities 
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was not representative of blending PVC resin alone. The data was 

for suspension; including suspension blending PVC resin. The 

samples for regular suspension resin were composited with 

blending PVC resin samples to get one daily suspension analysis 

rather than analyzing the samples separately. The commenter 

stated that both categories react to steam stripping quite 

differently and truly are different products. One commenter 

submitted data to support their assertion that suspension 

blending PVC resin because of its unique morphology, could not 

possibly be stripped to the levels proposed for suspension 

general purpose resin. Two commenters argued that further 

subcategories of suspension resins should either be established 

or considered. One commenter requested that the EPA 

subcategorize the emission limits for the ―other resin‖ category 

into the following subcategories: Low molecular weight (LMW), 

high molecular weight (HMW) and general purpose.

Response: In the proposed rule, limits were developed for 

new and existing sources for three subcategories of PVC resin: 

(1) bulk resin, (2) dispersion resin, and (3) all other resins. 

Based on our review of the public comments and our concurrent 

review and analysis of the additional data on the vinyl chloride 

concentrations in stripped resins submitted by the PVC industry, 

we determined that the data clearly show that there are 
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significant differences in the concentrations of vinyl chloride 

and other HAP that remain in the various types of resins 

following stripping. The differences in the concentrations of 

vinyl chloride and other HAP that remain in the various resin 

types are a direct consequence of several factors related to the 

overall process to produce each resin type. These factors 

include: the different raw materials necessary to produce each 

resin type, the unique process chemistry required to produce 

each resin type, the process conditions required to produce each 

resin type, and differences in the morphology of the resin 

particles following polymerization. The current technology that 

is used to remove residual vinyl chloride and HAP from 

polymerized resin is steam stripping. The conditions under which 

steam stripping is performed are unique to the resin type being 

produced and the ability to strip, or remove the maximum amount 

of residual vinyl chloride and HAP from the resin types are 

constrained by the resin morphology, product quality, and 

customer end-use requirements. The different resin types all 

differ in morphology, particle size, and porosity which all 

affect the ability to remove residual, or unreacted vinyl 

chloride monomer and other HAP from the resin matrix. For a 

steam stripping unit that is operating as designed to remove the 

maximum amount of residual vinyl chloride and HAP from 
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polymerized resin, simply adding more steam to that unit may 

result in some additional removal of vinyl chloride and other 

HAP, but the additional heat from the steam will degrade the 

resin and thus negatively affect the resin quality such that it 

will not meet customer or performance specifications. Therefore, 

for the final rule, we are responding to the comments and 

information submitted to the EPA by dividing the limits for 

stripped resins into two general groupings: (1) homopolymers and 

(2) copolymers. Homopolymer resins are further divided into 4 

subcategories: (1) Suspension resin, (2) dispersion resin, (3) 

suspension blending resin and (4) bulk resin. Some commenters 

suggested further subcategorizing copolymer resins; however, the 

data submitted by industry to the EPA did not include sufficient 

specificity that would allow developing additional subcategories 

of copolymer resin types. Therefore, copolymer resins are not 

further subcategorized in the final rule. Other commenters 

suggested additional subcategories based on molecular weight, 

grade, and other physical properties. However, sufficient data 

were not submitted to allow development of additional 

subcategories. Additionally, had we received data to conduct 

this analysis, it could have potentially resulted in hundreds or 

thousands of resin subcategories, each with its own MACT 
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analysis, making such an approach impractical to establish and 

administer.

E. MACT Floor Calculation

Following proposal, industry submitted additional data and 

information on several emission sources: (1) process vents, (2)

stripped resins, (3) wastewater and (4) gasholders. The postproposal data submittals are available in the docket. The data 

were used to revise the MACT floors and impacts.

1. Additional Data Submitted

Process Vents

Industry provided data clarifying which PVC facilities are 

co-located with EDC and VCM production or other source 

categories and which facilities are stand-alone PVC producers. 

Industry also provided clarification of the conditions (e.g., 

percentage contribution of the PVCPU to the total process vent 

stream) during stack testing conducted in response to our August 

21, 2009, CAA section 114 information collection request sent to 

PVC facilities. Industry identified which facilities typically 

co-control non-PVC/EDC/VCM streams. The EPA also received 

results of emissions tests conducted for EDC and VCM production 

facilities, as required by our March 16, 2011 CAA section 114 

information collection request for VCM/EDC production 

facilities.
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Stripped Resin

Industry provided a database containing 4 years of daily 

average vinyl chloride concentrations in stripped resins, 

determined by using EPA Method 107 for all but two PVC 

production facilities. The database contained information for 

four specific resin types: (1) Suspension, (2) dispersion, (3) 

suspension blending and (4) vinyl acetate copolymer (VACO). 

Industry also submitted an updated 30-day resin sampling 

concentration database for total HAP, based on using various EPA 

SW-846 Methods and providing additional specificity on resin 

types and corrections to previously submitted data. 

Specifically, VACO and suspension blending data were separated 

from dispersion and suspension data, respectively. Another 

commenter submitted new vinyl chloride and total HAP data for 

suspension blending resin as a result of additional sampling and 

testing performed by the company independent of the EPA's CAA 

section 114 request for the PVC production industry.

Additionally, results that were reported as composites of 

two or more resin types were identified by resin type, and 

previous results from the OxyVinyls suspension plants that were 

indicated as a reporting limit were changed to non-detect. 

Vinylidene/vinyl chloride copolymer concentration data from Dow 

Chemical were also added to the database. 
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Wastewater

Commenters submitted approximately 1 year of vinyl chloride 

concentration data at the outlet of wastewater strippers for 

nine PVC production facilities. All concentrations were obtained 

using EPA Method 107. The data were provided on a varying basis 

across facilities (e.g., daily, weekly, monthly). 

Gasholders

In response to industry comments, we requested and received 

annual emissions estimates for small and large sized gasholders. 

In addition to submitting comments regarding suggested control 

and work practice options for gasholders, industry also provided 

estimates of the capital cost and emission reductions for work 

practices that could be used to reduce emissions from 

gasholders, i.e., using floating objects.

Equipment leaks 

At proposal, we ranked the LDAR programs used at each 

affected PVC source from most stringent to least stringent, 

based on the leak definitions, monitoring frequencies, control 

requirements and repair requirements reported in the section 114 

survey responses. We then identified the LDAR programs employed 

by the best performing five sources. The results of this 

analysis showed that three out of the best performing five 

sources comply with 40 CFR part 63, subpart UU level 2 controls. 
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Therefore, we proposed that existing and new affected sources 

comply with the LDAR program requirements of the National 

Emission Standards for Equipment Leaks-Control Level 2 

Standards, subpart UU of 40 CFR part 63.

During the comment period, one of the facilities that had 

responded that they complied with subpart UU of 40 CFR part 63 

(Shintech Freeport), stated that the survey response was in 

error, and the facility is actually complying with the equipment 

leak requirements of 40 CFR part 61, subpart V. This change 

results in a revision to the MACT floor for existing major 

sources, which is discussed in section V.E.2 of this preamble.

2. MACT Floor and –- Revisions

In the final rule, changes were made to the calculation 

methodology for emission limits for process vents, stripped 

resins and wastewater. Details on the calculation methodologies 

for each emission point‘s limits are documented in the technical 

memorandum, Revised MACT Analysis for the Polyvinyl Chloride and 

Copolymers (PVC) Production Source Category, which is available 

in the docket.

Process Vents

In the final rule we calculated the MACT floors for the two 

process vent subcategories, PVC-only and PVC-combined, 

accounting for variability using the Upper Predictive Limit 
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(UPL) calculation. At proposal, a 99-percent UPL calculation was 

used where the m value was 30 for the total hydrocarbon (THC) 

compliance limit option. For the final rule, we changed the m 

value to 3 because the number of THC test runs that will 

comprise the compliance average will be three, based on a single 

performance test using EPA Method 25A. Therefore, an m value of 

3 for the THC UPL calculation is appropriate.

In the final rule, we revised the methodology used to 

determine 3 times the representative method detection level for 

HCl and CDD/CDF. At proposal, we determined 3 times the 

representative method detection level for HCl by identifying the 

highest test-specific method detection level reported in the 

data set that was also less than the calculated average emission 

concentration. We multiplied the identified value by 3 to 

determine 3 times the representative method detection level for 

HCL. For CDD/CDF if some, but not all congeners were reported as 

non-detect for a test run, the mean of the non-detect values was 

calculated, multiplied by each toxic equivalency factor, summed, 

and multiplied by 3 to determine 3 times the representative 

method detection level. If all congeners were reported as nondetect for a test run, the sum of all congeners was multiplied 

by 3 to determine 3 times the representative method detection 

level. For the final rule, we have used representative method 
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detection levels for HCl and CDD/CDF based on data collected for 

several hundred Method 26A and Method 23 emissions tests from 

various industries, a much larger data set than the one compiled 

only from PVCPU testing. The method detection levels calculated 

from the larger data sets are more representative of the 

inherent measurement variability both within and between testing 

companies. The MACT floor emission limit was compared to 3 times 

the representative method detection level determined from the 

larger data set. As in the proposed rule, if 3 times the 

representative method detection level was greater than the 

calculated MACT floor emission limit, we concluded that the MACT 

floor emission limit does not account entirely for measurement 

variability and, therefore, we used the value equal to 3 times 

the representative method detection level in place of the 

calculated MACT floor emission limit. For the final rule, the 

updated 3 times method detection limit analysis was used to 

calculate CDD/CDF limits for PVC-only process vents at existing 

and new major sources and PVC-combined process vents at new 

major sources. For PVC-combined process vents at existing major 

sources and existing and new area sources, the calculated MACT 

floor emission limit is greater than 3 times the representative 

method detection level; therefore, we concluded that the MACT 

floor emission limits for PVC-combined process vents at existing 
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major sources and existing and new area sources account for 

measurement variability. The variability analysis conducted for 

the final rule is contained in the memorandum titled Revised 

MACT Analysis for the Polyvinyl Chloride and Copolymers (PVC) 

Production Source Category, and is available in the docket.

Stripped Resin

Vinyl chloride and total HAP limits for stripped resins 

were calculated at proposal using a 99-percent UPL calculation 

and 30 days of vinyl chloride and other HAP data from all 

facilities that conducted resin sampling and analysis as part of 

our August 21, 2009, CAA section 114 information collection 

request for the PVC industry. In developing the proposal, we 

requested sources subject to the CAA section 114 request provide 

information on the residual compounds in the resin leaving the 

stripper on a mass-basis. After the mass-based sampling results 

were submitted to us, the Vinyl Institute, on behalf of the PVC 

industry, provided a database of the concentration values that 

were used by the facilities to convert their concentrations to 

mass-based values. For the proposed rule, we calculated limits 

for dispersion resin, based on the reported mass-based values 

for each HAP present in the resin, which we then converted to 

concentrations, based on dispersion resin production. The 

proposed limits for all other resin types (i.e., suspension 
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resin) were calculated, based on the originally measured vinyl 

chloride concentration values that were reported by each 

suspension resin facility and compiled into the concentration 

database that was supplied to us by the Vinyl Institute. The 

limit for bulk resin was calculated using the vinyl chloride and 

other HAP concentrations provided by the single bulk resin 

manufacturing facility in their response to the CAA section 114 

request for the PVC industry.

We received numerous comments on our approach at proposal 

for calculating stripped resin limits, which included comments 

on the subcategories, the use of mass-based values for 

determining the limits for dispersion resin, the use of vinyl 

chloride concentration data collected via EPA Method 107 in 

calculating a total HAP limit where a different test method was 

used for other non-vinyl chloride HAP, our approach for 

accounting for variability in the stripped resin limits and the 

m value in the UPL calculation for both vinyl chloride and total 

HAP.

During the public comment period, the Vinyl Institute 

provided us with an updated database, as described above, of the 

vinyl chloride and other HAP concentration values that were 

measured as the resin was exiting the stripper(s) and that were 

not then converted by the facilities to mass values. We also 
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received supplemental resin sampling data from PolyOne and 

further information regarding their previous data submittals. In 

consideration of the comments received and our subsequent review 

and analysis of the submitted data, we made several changes to 

the limits for stripped resins. 

For the final rule, we used the original concentration 

values, as measured during the required emission testing 

required by our August 21, 2009, CAA section 114 information 

collection request, and analyzed it as the basis for setting the 

MACT floors. This provided a consistent basis to compare 

concentrations of vinyl chloride and other HAP and calculate 

limits on a consistent basis. At proposal, the vinyl chloride 

limits for all subcategories except for bulk resin were 

calculated using data obtained from EPA SW-846 Method 8260B and 

a representative detection limit analysis was performed, based 

on those data. For the final rule, vinyl chloride limits were 

determined by using the 99.9th percentile and based on 4 years 

of vinyl chloride concentration data that were obtained by 

sampling using EPA Method 107 and provided by the Vinyl 

Institute. As stated in the proposal preamble, a UPL calculation 

is an appropriate statistical tool to use in determining 

variability when there is a limited sampling of the sources 

category. Since the data set was sufficiently large (e.g., 4 
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years of daily concentration data for each facility), we used 

the 99.9th percentile to determine variability because the 4-year 

data set was sufficiently large such that a UPL calculation was 

not appropriate. Furthermore, the overwhelming majority of vinyl 

chloride concentration values reported were above the detection 

limit for EPA Method 107 and therefore, a representative 

detection limit analysis was not performed as might have been 

done in order to compare to the UPL calculation.

In the proposed rule, the total HAP limits for the stripped 

resin subcategories included the contribution from vinyl 

chloride. In the final rule, vinyl chloride concentrations were 

removed from the total HAP limit calculations, resulting in 

limits for total non-vinyl chloride HAP for all subcategories of 

stripped resin. This was appropriate because the data used to 

develop the MACT floors and limits for vinyl chloride in 

stripped resin were based on Method 107. While vinyl chloride 

can be analyzed using EPA SW-846 Method 8260B, a total HAP limit 

that includes vinyl chloride analyzed using that method would be 

inconsistent with our separate limit for vinyl chloride alone 

which is based on data obtained using Method 107. Since we have 

developed a separate vinyl chloride limit, it is not necessary 

to include vinyl chloride as part of the total HAP limit for 

stripped resins. Because different test methods were used to 
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develop the emission standards, we are requiring compliance 

testing and sampling based on the different test methods to 

demonstrate compliance with those standards. The differences in 

the test methods (e.g., the way that samples are collected and 

analyzed) caused the vinyl chloride emissions to differ by 

orders of magnitude when the same sample was tested using the 

two different methods. At proposal, variability was assessed for 

total HAP using a 99-percent UPL calculation with the m value 

set at 30 to represent 30 single daily total HAP values. For the 

final rule, variability was assessed for total non-vinyl 

chloride HAP using the 99-percent UPL calculation;; however, 

because we are requiring compliance with the total non-vinyl 

chloride HAP limits for all subcategories on a monthly basis, we 

calculated the UPL for total non-vinyl chloride HAP using an m 

value of 1.

For the final rule, we excluded: (1) Copolymer resin data 

from Dow Chemical‘s Midland, Michigan, facility due to the lack 

of a sampling and analysis report documenting the analysis 

results, (2) Data from Georgia Gulf‘s Aberdeen, Mississippi, and 

Plaquemine, Louisiana, facilities because the data reported from 

analysis using a modification to EPA SW-846 Method 8260B could 

not be compared to data reported from other PVC facilities that 

analyzed resin concentrations using an unmodified EPA SW-846 
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Method 8260B and (3) selected reported HAP concentrations from 

PolyOne‘s Henry, Illinois, facility due to unexpectedly high 

reported detection limits that we determined were inaccurate 

when compared to the reported detection limits from other 

facilities.

Wastewater

For the proposed rule, the wastewater vinyl chloride 

concentration limits were calculated using a 99-percent UPL 

calculation with an m value of 1 to represent monthly 

compliance, based on a single sampling event. The limits were 

calculated, based on data provided by facilities in their CAA 

section 114 survey responses. These data represented a mix of 

sampling data, engineering estimates and mass balance 

calculations. Post proposal, industry submitted 1 year‘s worth 

of vinyl chloride sampling data results from wastewater 

strippers at several facilities. For the final rule, we 

recalculated the monthly vinyl chloride concentration limits 

using a 99-percent UPL calculation, as described above, but the 

limits were calculated, based on the actual sampling data 

provided by the industry. 

In the proposed rule, total HAP emission limits were based 

on a beyond-the-floor option of complying with the National 

Emission Standards for Organic Hazardous Air Pollutants from the 
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Synthetic Organic Chemical Manufacturing Industry (Hazardous 

Organic NESHAP (HON)) flow rate and concentration values. For 

the final rule, we calculated a total non-vinyl chloride HAP 

emission level at the MACT floor, based on non-vinyl chloride 

HAP data reported by PVC facilities and using the same 

calculation methodology used to determine the MACT floor vinyl 

chloride emission limit with compliance demonstrated on a 

monthly basis. In the proposed rule, the total HAP limit for 

wastewater included the contribution from vinyl chloride. In the 

final rule vinyl chloride concentrations were removed from the 

total non-vinyl chloride HAP limit calculation, resulting in 

total non-vinyl chloride HAP limits for process wastewater. This 

approach was appropriate since we are requiring different test 

methods to demonstrate compliance with the vinyl chloride and 

the total non-vinyl chloride HAP limits.

Equipment leaks

Based on changes to information reported by Shintech 

Freeport, as discussed above, we revised the MACT floor analysis 

for equipment leaks at existing sources. The results of this 

analysis showed that two out of the best performing five sources 

comply with 40 CFR part 63, subpart UU level 2 requirements, and 

the remaining three complied with 40 CFR part 61, subpart V. For 

the final rule, the MACT floor level of control for equipment 
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leaks at existing sources, taking the median of the bestcontrolled five sources, is compliance with 40 CFR part 61 

Subpart V. 

We conducted a beyond-the-floor analysis for equipment 

leaks at existing major sources. The incremental cost of 

compliance with 40 CFR part 63, subpart UU level 2 requirements 

was estimated to be $237,000 per year and the emissions 

reductions were estimated to be 85 tpy with a cost effectiveness 

of $2,800 per ton. Based on these results, we determined that it 

is appropriate that MACT for equipment leaks at existing major 

sources be compliance with 40 CFR part 63, subpart UU level 2. 

This analysis is discussed in section V.M of this preamble and 

in the memorandum, Analysis of Beyond MACT Floor Controls for 

the Polyvinyl Chloride and Copolymers (PVC) Production Source 

Category.

Comment: One commenter stated that in the proposed PVC 

MACT, new source emission limits for process vents, the resin 

stripper and wastewater were based on the best performing 

emission source. However, the commenter stated that the data 

sets used to establish the new source MACT floor were not 

adequate or representative of the best performance from the 

source.
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The commenter added that the new source process vent MACT 

floor was established by selecting the best performance of each 

individual HAP from all facilities. As a result, no current 

facility can meet the control level represented by the proposed 

new source MACT. The commenter requested that the EPA reevaluate the feasibility of the new source MACT floor analysis 

for on-going, continuous compliance.

Response: At proposal and in this final rule, we used the 

data available to us to conduct the new source MACT floor 

analyses. The EPA‘s long-standing interpretation of the CAA is 

that new source (as well as existing source) MACT floors are to 

be established on a pollutant-by-pollutant basis for the 

regulated pollutants (e.g., vinyl chloride, total HAP, dioxin 

and furan, and HCl). One reason for this interpretation is that 

a plant-contrary approach could yield least common denominator 

floors – that is, floors reflecting mediocre or no control 

rather than what the best performers have achieved. See 76 FR at 

15622 (March 21, 2011); 61 FR at 173687 (April 19, 1996); 62 FR 

at 48363-64 (September 15, 1997) (same approach adopted under 

the very similar language of CAA section 129 (a)(2)). Such an 

approach would allow a source that is not the best-performer for 

certain pollutants nonetheless to be considered the best 

performer overall, including for those same pollutants for which 
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it is demonstrably not the best performer. It is even 

conceivable that the worst performing source for a pollutant 

could be considered the best performer for all pollutants, a 

result Congress could not have intended. Such an approach would 

not meet the requirements of the CAA. For these reasons, the 

EPA's approach is the appropriate methodology for developing new 

source MACT floors and no further reevaluation is necessary

Comment: Several commenters argued that the EPA calculated 

the MACT floor for vinyl chloride in stripped resin using data 

based on one analytical method (8260B) that typically 

underreports vinyl chloride and requires compliance with a 

different test method (M107) developed specifically for vinyl 

chloride.

Response: We agree with the commenters that there was a

tension in the proposed rule between the data used to establish 

the limits and the test methods required for compliance. We 

specifically solicited comment on this issue in the proposed 

rule. After consideration of information received after the 

proposed rule, including the potential benefits and drawbacks of 

both EPA SW-846 Method 8260B and EPA Method 107 in terms of 

vinyl chloride analysis, we conclude that EPA Method 107 is more 

appropriate for developing MACT floors and for determining 
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compliance with such standards for vinyl chloride in stripped 

resins.

EPA Method 107 was specifically developed for use in the 

PVC industry and is the standard method for determining vinyl 

chloride concentrations in not only stripped resin samples, but 

also wastewater samples. The method provides for better 

extraction of the vinyl chloride and, therefore, produces more 

reliable and accurate, albeit nominally higher, concentration 

results. EPA SW-846 Method 8260B also allows for the analysis of 

vinyl chloride, but the method was not specifically developed 

for measuring vinyl chloride in PVC resin samples and so has 

lower reliability and accuracy compared to Method 107 in this 

context.

Based on our analysis of data collected on vinyl chloride 

concentrations in stripped resin samples analyzed using both EPA 

Method 107 and EPA SW-846 Method 8260B, concentration values 

obtained using Method 107 are consistently higher than the 

concentration values obtained on the same resin samples using

EPA SW-846 Method 8260B. As such, compliance with a vinyl 

chloride limit based on data obtained using EPA SW-846 Method 

8260B could not necessarily be determined based on compliance 

data obtained using Method 107, making the Method 107 data 

inappropriate as a required basis for determining compliance 
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with the limit based on data obtained from EPA SW-846 Method 

8260B.

In the final rule, we calculated the MACT floor-based 

limits for vinyl chloride in stripped resins based on sampling 

data collected using EPA Method 107. We also require 

demonstration of compliance with the stripped resin vinyl 

chloride limits using EPA Method 107. In the final rule, we have 

also revised the stripped resin and wastewater limits for total 

HAP to separate vinyl chloride from those limits, resulting in 

total non-vinyl chloride HAP limits. As discussed above, Method 

107 is the preferred method for determining vinyl chloride 

concentrations in PVC stripped resin and wastewater. The EPA 

believes it would be inappropriate and inaccurate to determine 

and require compliance with total HAP standards by combining 

results from the two different methods because the Method 107 

data for vinyl chloride would be artificially overweighted 

compared to the data for non-vinyl chloride HAP based on 

analysis using EPA SW-846 methods, including Method 8260B, based 

on the significant differences in sampling results when using 

the methods on the same samples.

Comment: Several commenters stated that the data used to 

set the MACT floor is not based on normal operating data. One 

commenter stated that testing pursuant to the CAA sections 114 
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request was conducted at the PVC production units in late 2009 

and early 2010. The commenter contended that, during this 

period, the industry was operating by as much as 34 percent 

below its maximum production rates over the prior 33 years. One 

commenter contended that the test conditions were not 

representative of normal maximum operating conditions for a 

stand-alone PVC producer under which these values were 

determined and the EPA incorporated test results from much 

larger thermal oxidizers operated well under their maximum 

design operating conditions. To enable compliance with a 

reasonably proposed standard, the commenter stated that the EPA 

should revise the final rule to allow for new sources to come 

into compliance 33 years after the final rule is promulgated.

One commenter contended that the proposed limits for vinyl 

chloride, total organic HAP and HCl need to be factored-up to 

allow facilities to operate at maximum production rates. The 

commenter added that it is necessary to factor up proposed 

limits because the EPA‘s compressed schedule for gathering data 

did not allow facilities to test at maximum or near maximum 

operating rates. The commenter stated the rule, as proposed, 

requires facilities to perform compliance tests under 

hypothetical or actual worst case conditions (i.e., maximum 

operating rates), which is not the same conditions used to 
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generate the data which sets the standard for proposed vents.

The commenter proposed, as an alternative, that industry should 

be allowed to test under the same conditions that were present 

during the stack tests conducted to comply with the CAA section 

114 request. 

Commenters indicated that tests done at the OxyVinyls Deer 

Park and Pasadena facilities and Formosa Plastics‘ Baton Rouge 

facility were conducted under abnormal operating scenarios that 

are not indicative of their normal operation. The commenters 

provided information on how the operating conditions during the 

test differed than at normal conditions. The commenters 

contended that the MACT floors should be calculated without 

these facilities. The commenter contended that data from that 

period is inappropriate for setting the MACT floor for maximum 

representative operating conditions. One commenter stated that 

during the data request for the MACT floor study, the EPA asked 

for data (stack testing and 30-day monitoring) related to 

"normal operations" in order to set up the MACT floor. However, 

the proposed rule has set up limits for compliance (standards 

and operating limits) that are to be based on "maximum 

operations" from the subject facilities. The commenter contended 

that since the MACT floor data is different from what is 

expected from facilities for compliance with the standard, the 
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EPA should either re-analyze the MACT floor data to revise the 

proposed regulatory requirements or ask the facilities for 

additional, and more specific, relevant data regarding maximum 

operating conditions. Other commenters contended that the EPA 

should have accounted for the testing variance that occurred by 

sampling and testing during a period of lower throughput for the 

industry. The commenters requested that the EPA adjust for lower 

production levels in the final rule.

Response: We agree with commenters that the OxyVinyls Deer 

Park and Formosa Baton Rouge facilities should not be included 

in the PVC-only MACT floor calculation. OxyVinyls provided 

additional stack test information in response to our CAA section 

114 request for VCM/EDC facilities, and the OxyVinyls Deer Park 

facility has been included in the PVC-combined MACT floor 

calculation. Further discussion regarding the OxyVinyls Deer 

Park facility is found in response to comments below and 

responses regarding area sources. The Formosa Baton Rouge 

facility controls PVC-combined process vents, not PVC-only 

process vents. However, they submitted test results in response

to our August 21, 2009, CAA Section 114 information collection 

request that were collected while the control device at the 

facility was controlling vent streams from the PVC process only. 

Furthermore, that facility was not included in our CAA section 
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114 request for VCM/EDC facilities. Therefore, we have excluded 

the Baton Rouge facility from any process vent MACT floor 

calculations. We disagree with the commenters that the OxyVinyls 

Pasadena facility be removed from the process vent MACT floor 

calculation due to the facility experiencing malfunctions during 

process vent testing. The EPA may consider variability in 

setting MACT floors (see Mossville Envt‘l Action Now v. EPA, 370 

F.3d 1232 (D.C. Cir. 2004)). The specific nature of the 

malfunction at the OxyVinyls Pasadena facility allowed a 

percentage of the process vent stream to bypass the control 

device and enter the vent stack. As a result, both controlled 

and uncontrolled emissions were measured during process vent 

testing; however, the facility‘s measured concentrations were 

still low enough to be included in the top 5 best performing 

facilities for PVC-only process vents for vinyl chloride, 

CDD/CDF and total organic HAP. Had the malfunction not occurred, 

pollutant concentrations would have been less than those 

determined during the time of testing and the facility would 

have still been included in the top 5 best performing 

facilities. Therefore, we are including the OxyVinyls Pasadena 

facility in the MACT floor calculation for process vents. 

We agree with commenters that the data submitted to the EPA 

in response to our August 21, 2009, CAA section 114 information 
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collection request were collected under operating conditions of 

less than maximum capacity. Although commenters contended that 

the MACT floors should be adjusted for lower production levels 

in the final rules, commenters did not provide the EPA with any 

empirical data or methodology to develop a correlation between 

emission concentrations and production rates. Without such data, 

we are unable to develop a justifiable methodology to account 

for operating conditions of less than maximum capacity. We also 

agree with commenters that the testing schedule for our CAA 

section 114 request was compressed; however, commenters were not 

restricted from conducting additional testing and providing

additional data to the EPA representing maximum operating 

conditions, yet, no such data was submitted. Accordingly, EPA 

will use the data submitted by industry.

Comment: Several commenters argued against combining the 

PVC major source MACT and area source GACT. One commenter argued 

that it was not Congress‘ intent to combine MACT and GACT 

requirements for sources listed in separate source categories, 

and that if this is going to be a trend moving forward, the EPA 

should undertake a separate rulemaking to identify and define, 

for public comment, the criteria it intends to use for combining 

major and area source categories. The other commenter stated 

that if the EPA chooses to make revisions to the limits for area 
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sources, they should first remove area sources from the PVC MACT 

floor database and final rule and then reopen the PVC GACT rule 

to properly consider the available technology and impact of 

proposed revisions on small area sources. One commenter 

disagreed with the EPA‘s distinction between synthetic and 

natural area sources, arguing that because the CAA defines only 

two types of sources (major and area), any further distinctions 

are unlawful. Thus, they argue, the EPA‘s artificial distinction 

between true and synthetic area sources in order to include 

synthetic area sources in the PVC major source MACT floor 

database is unlawful and inconsistent with past agency practice.

Furthermore, one commenter argues that by choosing to include 

synthetic area sources in the MACT floor analysis, the EPA is 

providing a strong disincentive for facilities to voluntarily 

reduce emissions to area source levels through enforceable 

permit limits. One commenter disputed all of the EPA‘s arguments 

for including synthetic area sources in the MACT floor: 

(1) The EPA stated that Congress did not expressly exclude 

synthetic area sources from MACT floor determinations. The 

commenter argued that Congress did not need to expressly exclude 

these sources because the sources were already excluded because 

they are not part of the major source category. 
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(2) The EPA used the statute‘s definition of ―potential to 

emit,‖ the major source definition, and the reference to a 

source‘s potential to emit considering controls allows the 

interpretation that a source‘s potential to emit before and 

after controls is relevant, such that synthetic area sources may 

be considered within the meaning of this definition and included 

in the MACT floor determinations for categories of major 

sources. The commenter argued that the definition of what 

constitutes a major source allows a source‘s potential to emit 

(―PTE‖) to be determined while ―considering controls‖ means only 

that a source may install controls and render itself an area

source. 

(3) The EPA cited a floor statement of Senator Durenberger 

to support its theory that the agency must take into account the 

―better‖ performing sources in setting the MACT floor. However, 

the commenter argued the statement demonstrates that it is the 

better performing sources within the source category that must 

be considered, and PVC area sources are not a part of the PVC 

major source category.

One commenter added that for the EPA to ignore distinctions 

between area and major PVC sources and use the OxyVinyls Deer 

Park facility in MACT floor calculations is unlawful. The 

commenter summarized recent EPA actions regarding PVC area 
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sources, including the 2007 NESHAP and the proposed rule-making. 

The commenter contended that the EPA incorrectly assumes the 

OxyVinyls Deer Park facility is a major source. The commenter 

stated that the facility is a ―true‖ area source in contrast to 

the CertainTeed Mossville synthetic minor area source. The 

commenter contended that the CAA does not allow the distinction 

the EPA makes between synthetic and natural minor area sources, 

and the commenter provided detail of the regulatory history 

concerning major and area source classifications. The commenter 

provided additional detail regarding the classification of the 

OxyVinyls Deer Park and Certain Teed facilities, referencing 

previous communications with the EPA in which OxyVinyls informed 

the EPA that the OxyVinyls Deer Park facility is an area source. 

The commenter contended that the EPA cannot consider any PVC 

area sources in the major source PVC floor database because PVC 

major and PVC area sources are two separate source categories 

under the CAA. The commenter concluded by recommending the EPA 

recalculate the existing major source MACT floors, excluding the 

Deer Park and CertainTeed facilities. 

Response: In the final rule, we have developed separate 

standards for major and area sources. We conducted a MACT floor 

analysis for major sources and a GACT analysis for area sources.
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Further discussion of the GACT analysis is provided in section 

V.H of this preamble.

After reviewing the data that was submitted to support the 

assertion that the OxyVinyls Deer Park facility is a ―true‖ area 

sources, we determined that the OxyVinyls Deer Park facility is 

not a true area source. The OxyVinyls Deer Park facility routes 

emissions from their process vents to a thermal oxidizer in 

series with an acid-gas scrubber. Without these controls, vinyl 

chloride, and hydrogen chloride emissions are above the major 

source threshold. For our MACT and GACT analyses, we have 

included the data and information reported by the OxyVinyls Deer 

Park facility as a synthetic area source, for purposes of this 

rulemaking [without determining its status for compliance 

purposes].

Second, as stated in the preamble to the proposed rule, the 

EPA‘s consistent position is that including synthetic area 

sources in calculating the MACT floor is consistent with CAA 

section 112(d). Inclusion of synthetic area sources in the MACT 

floor determinations affected the MACT floor level of control 

for the PVC-only HCl and PVC-Combined vinyl chloride and dioxin 

process vents emission limits. Inclusion of synthetic area 

sources in the MACT floor determinations also affected the MACT 

floor level of control for the stripped resin limit for vinyl 
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chloride and total non-vinyl chloride HAP in suspension and bulk 

resin. The vinyl chloride and total non-vinyl chloride HAP MACT 

floor emission limits for wastewater were also affected by 

inclusion of synthetic area sources. 

Section 112(d) of the CAA directs the EPAEPA to establish 

emission standards for each category or subcategory of major 

sources and area sources of HAP listed for regulation pursuant 

to section 112(c) of the CAA. Each such standard must reflect a 

minimum level of control known as the MACT floor. (See CAA 

section 112(d).) However, section 112 of the CAA does not 

specifically address synthetic minor or synthetic area sources, 

which include those sources that emit fewer than 10 tpy of any 

HAP or fewer than 25 tpy of any combination of HAP, because they 

use some emission control device(s), pollution prevention 

techniques or other measures (collectively referred to as 

controls in this preamble) adopted under federal or State 

regulations. If not for the enforceable controls they have 

implemented, synthetic area sources would be major sources under 

section 112 of the CAA. 

The better interpretation of the CAA‘s plain language and 

legislative history requires that synthetic area sources be 

included in MACT floor determinations. First, the plain language 

of the statute makes clear that our MACT floor determinations 
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are to reflect the best sources in a category or subcategory. 

For new sources in a category or subcategory, the MACT floor 

shall not be less stringent than the emission control that is 

achieved, in practice, by the best-controlled similar source, as 

determined by the EPA. (See CAA section 112(d)(3).) For existing 

sources in a category or subcategory with fewer than 30 sources, 

the MACT floor may be less stringent than the floor for new 

sources in the same category or subcategory, but shall not be 

less stringent than the average emission limitation achieved by 

the best performing 12 percent of the existing five sources (for 

which the Administrator has or could reasonably obtain emissions 

information)) in the category or subcategory. (See CAA section 

112(d)(3)(A).) Thus, section 112(d)(3) of the CAA requires that 

MACT floors reflect what the best controlled new sources and the 

best performing existing sources achieve in practice. These 

phrases contain no exemptions and are not limited by references 

to sources with or without controls. Therefore, they suggest 

that all of the best-controlled or best-performing sources 

should be considered in MACT floor determinations, regardless of 

whether or not such sources rely upon controls. 

Furthermore, section 112(d)(3) of the CAA expressly 

excludes certain sources that meet lowest achievable emission 

rate (LAER) requirements from MACT floor determinations for 
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existing sources. (See CAA section 112(d)(3)(A).) The fact that 

Congress expressly excluded such LAER sources, but did not also 

exclude synthetic area sources suggests that no exclusion was 

intended for synthetic area sources. Indeed, nothing in the 

statute suggests that the EPA should exclude a control 

technology from its consideration of the MACT floor because the 

technology is so effective that it reduces source emissions such 

that the source is no longer a major source of HAP. (See 68 FR 

2232, January 16, 2003, stating this rationale for including 

synthetic area sources in the floor determination for the final

NESHAP for municipal solid waste landfills.)

Some commenters argue that because the PVC major and area 

source categories are separate, synthetic area sources (and 

natural (i.e., non-synthetic) area sources) fall outside the 

regulated source category and should not be considered in MACT 

floor determinations. The EPA agrees that PVC major and area 

source categories are separate. (See 57 FR 31576, July 16, 1992,

and 67 FR 43112, June 26, 2002.) However, the EPA disagrees that 

the CAA contemplates that synthetic area sources must be treated 

like true area sources and excluded from MACT floor 

determinations. Section 112(a) of the CAA defines a major source 

as: any stationary source or group of stationary sources located 

within a contiguous area and under common control that emits or 
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has the potential to emit considering controls, in the 

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

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

hazardous air pollutants * * *. (See CAA section 112(a)(1).) An 

area source is defined as any stationary source of hazardous air 

pollutants that is not a major source. (See CAA section 

112(a)(1).) In the major source definition, the EPA interprets 

the reference to a source‘s ―potential to emit considering 

controls‖ as meaning that a source‘s potential to emit before 

and after controls is relevant, such that synthetic area sources 

may be considered within the meaning of this definition and 

included in MACT floor determinations for categories of major 

sources. Including synthetic area sources in MACT floor 

determinations ensures that MACT floors reflect the bestperforming sources, as the CAA requires. The EPA also considered 

whether the reference to a source‘s potential to emit 

considering controls in the definition of major source 

necessarily means a source‘s potential to emit after controls 

have been implemented. While the EPA believes it is possible to 

read the phrase in this manner in isolation, such an 

interpretation would have the effect of excluding the best 

performing sources from MACT floor determinations and therefore 

would be contrary to the statutory mandate that the EPA set MACT 
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floors based on the levels the best controlled new sources and 

the best performing existing sources achieve in practice. The

statutory reference to potential to emit considering controls 

should be read in a manner consistent with the other 

requirements of CAA section 112(d) to allow for the 

consideration of synthetic area sources in MACT floor 

determinations for major sources.

In addition, the legislative history suggests that 

synthetic area sources should be included in MACT floor 

determinations. In a floor statement, Senator Durenberger stated 

that in implementing section 112(d)(3) of the CAA, ――the 

[Senate] managers intend the Administrator to take whatever 

steps are necessary to assure that [the Administrator] has 

collected data on all of the better-performing sources within 

each category. [The Administrator] must have a data-gathering 

program sufficient to assure that [EPA] does not miss any 

sources that have superior levels of emission control.‖ (See 

Environment and Natural Resources Policy Division, Congressional 

Research Service, 103d Cong., S.Prt. 103–38 (prepared for the 

United States Senate Committee on Environment and Public Works), 

A Legislative History of the Clean Air Act Amendments of 1990, 

at 870, November 1993, emphasis added.) This statement 

underscores that Congress intended for MACT floor determinations 
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to reflect consideration of all of the sources in each category 

with the best emission controls. It would be inconsistent with 

Congress‘s intent and the plain language of the CAA to exclude 

synthetic area sources—those sources with superior controls 

which became synthetic area sources by implementing such 

controls—from MACT floor determinations.

The inclusion of synthetic area sources in MACT floor 

determinations is justified because of the reasons explained 

above. 

Accordingly, we did not exclude synthetic area sources from 

MACT floor determinations for major sources. For more 

information concerning MACT floors for the final standards, see 

section V.E.2 of this preamble and the memorandum, Revised MACT 

Analysis for the Polyvinyl Chloride and Copolymers (PVC) 

Production Source Category, in the docket.

Comment: Several commenters stated that dispersion resin 

limits should be based on measured concentration data and not 

calculated mass figures. Two commenters stated that the vinyl 

chloride limit proposed for dispersion resin was developed using 

a database that the EPA aggregated from producer submissions on 

a mass (pounds per day dry) basis and then re-divided by 

reported production volumes. The commenters listed several 

problems with the data used to convert the reported mass 
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emissions to concentration limits by the EPA. The commenters 

recommended that the EPA simply use the underlying measured 

concentration data as the best and most accurate basis from 

which to develop the PVC MACT.

Response: For the final rule, we have revised the MACT 

floor calculation methodology and the emission limits for 

stripped resins. See our previous responses to comments and 

discussion of the changes to the MACT floor calculation 

methodology and the changes to the emission limits discussed in 

section V.E.2. of this preamble for Stripped Resins.

Comment: One commenter stated they agree with the EPA‘s 

procedure for determining representative method detection 

limits. Another commenter contended that the EPA cannot justify 

its floor adjustment by asserting an inability to measure 

emissions below its triple-maximum-detection limit floor. The 

commenter stated that the record includes multiple sources which 

utilized lower detection limits; those sources demonstrate the 

feasibility of measuring emissions at lower levels. The 

commenter added that the agency specifies detection methods 

together with its standards; that detection method should have a 

known detection limit with a well-defined level of certainty.

The commenter proposed that the agency could, accordingly, 

calculate its floor and as a second and independent step 
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establish monitoring requirements that accommodate any 

imprecision associated with measurement, or it could utilize a 

safety factor. The commenter contended that the agency cannot, 

however, simply manipulate the limits according to standards 

that appear nowhere in the CAA.

Another commenter questioned the way in which the EPA 

addresses non-detects in air emissions. The commenter stated 

that multiplying by a factor of 3 is not presented in a clear 

way to show the rationale behind this calculation. 

Response: The EPA agrees with many of the comments related 

to treatment of data reported as detection limit values in the 

development of MACT floors and emissions limits. The probability 

procedures applied in calculating the floor or an emissions 

limit inherently and reasonably account for emissions data 

variability including measurement imprecision when the database 

represents multiple tests from multiple emissions units for 

which all of the data are measured above the method detection 

level. That is less true when the database includes emissions 

occurring below method detection capabilities regardless of how 

those data are reported. The EPA‘s guidance to respondents for 

reporting pollutant emissions used to support the data 

collection specified the criteria for determining test-specific 

method detection levels. 
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Those criteria insure that there is only about a 1-percent 

probability of an error in deciding that the pollutant measured 

at the method detection level is present when, in fact, it was 

absent. [Reference Method Accuracy and Precision (ReMAP): Phase 

1, Precision of Manual Stack Emission Measurements; American 

Society of Mechanical Engineers, Research Committee on 

Industrial and Municipal Waste, February 2001.] Such a 

probability is also called a false positive or the alpha, Type 

I, error. This means, specifically, that for a normally 

distributed set of measurement data, 99 out of 100 single 

measurements will fall within ±2.54 σ of the true concentration. 

The anticipated range for the average of repeated measurements 

comes progressively closer to the true concentration. More 

precisely, the anticipated range varies inversely with the 

square root of the number of measurements. Thus, if σ is the 

standard deviation of anticipated single measurements, the 

anticipated range for 99 out of 100 future triplicate 

measurements will fall within ± 2.54 σ/√3 of the true 

concentration. This relationship translates to an expected 

measurement imprecision for an emissions value occurring at or 

near the method detection level of about 40 to 50 percent. 

By assuming a similar distribution of measurements across a 

range of values and increasing the mean value to a 
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representative higher value (e.g., 3 times minimum detection 

level), we can estimate measurement imprecision at other levels. 

For an assumed 3 times the MDL, the estimated measurement 

imprecision for a three test run average value would be on the 

order 10 to 20 percent. This is about the same measurement 

imprecision as found for Methods 23 and 29 indicated in the ASME 

Precision of Manual Stack Emissions Measurements for the sample 

volumes prescribed in the final rule (e.g., 4 to 6 dscm) for 

multiple tests. 

Analytical laboratories often report a value above the 

method detection limit that represents the laboratory‘s 

perceived confidence in the quality of the value. This 

arbitrarily adjusted value is expressed differently by various 

laboratories and is called limit of quantitation, practical 

quantitation limit, or reporting limit. In many cases, the LOQ, 

PQL or RL is simply a multiplication of the method detection 

limit. Multipliers range from 3 to 10. Consistent with findings 

expressed in reports of emissions measurement imprecision and 

the practices of analytical laboratories, we believe that using 

a measurement value of 3 times a method‘s detection limit 

established in a manner that assures 99 percent confidence of a 

measurement above zero will produce a representative method 
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reporting limit suitable for establishing regulatory floor 

values. 

On the other hand, we agree with commenters that an 

emissions limit determined from a small subset of data or data 

from a single source may be significantly different than the 

actual method detection levels achieved by the best performing 

units in practice. This fact, combined with the low levels of 

emissions measured from many of the best performing units, led 

the EPA to review and revise the procedure intended to account 

for the contribution of measurement imprecision to data 

variability in establishing effective emissions limits. In 

response to the comments and internal concerns about the quality 

of measurements at very low emissions limits especially for new 

sources, we revised the procedure for identifying a 

representative method detection level (RDL). We did not revise 

the manner in which we calculate the UPL for the MACT floors. 

The revised procedure for determining an RDL starts with 

identifying all of the available reported pollutant specific 

method detection levels for the best performing units regardless 

of any subcategory (e.g., existing or new, fuel type, etc.). 

From that combined pool of data, we calculate the arithmetic 

mean value. By limiting the data set to those tests used to 

establish the floor or emissions limit (i.e., best performers), 
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we believe that the result is representative of the best 

performing testing companies and laboratories using the most 

sensitive analytical procedures. We believe that the outcome 

should minimize the effect of a test(s) with an inordinately 

high method detection level (e.g., the sample volume was too 

small, the laboratory technique was insufficiently sensitive, or 

the procedure for determining the minimum value for reporting 

was other than the detection level). We then call the resulting 

mean of the method detection levels the RDL as characteristic of 

accepted source emissions measurement performance. The second 

step in the process is to calculate three times the RDL to 

compare with the calculated floor or emissions limit. This step 

is similar to what we have used before including for the 

Portland cement MACT determination. We use the multiplication 

factor of three to approximate the imprecision of the analytical 

method until the imprecision in the field sampling reflects the 

relative method precision as estimated by the ASME study that 

also indicates that such relative imprecision, from 10 to 20 

percent, remains constant over the range of the methods. For 

comparing to the floor, if three times the RDL were less than 

the calculated floor or emissions limit (e.g., calculated from 

the UPL), we would conclude that measurement variability was 

adequately addressed. The calculated floor or emissions limit 
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would need no adjustment. If, on the other hand, the value equal 

to three times the RDL were greater than the UPL, we would 

conclude that the calculated floor or emissions limit does not 

account entirely for measurement variability. If indicated, we 

substituted the value equal to three times the RDL for the 

calculated floor or emissions limit which results in a 

concentration where the method would produce measurement 

accuracy on the order of 10 to 20 percent similar to other EPA 

test methods and the results found in the ASME study. 

We determined the RDL for each pollutant using data from 

tests of all the best performers for all of the final regulatory 

subcategories (i.e., pooled test data). We applied the same 

pollutant-specific RDL and emissions limit adjustment procedure 

to all subcategories for which we established emissions limits. 

We believe that emissions limits adjusted in this manner better 

ensure measurement variability is adequately addressed relative 

to compliance determinations than did the procedure applied for 

the proposal that may have been based on data sets smaller than 

seven tests and as few as one test. We also believe that the 

emissions testing procedures and technologies available now and 

in the future will be adequate to provide the measurement 

certainty sufficient for sources to demonstrate compliance at 

the levels of the adjusted emissions limits. 
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Comment: One commenter stated that the agency has set 

impossibly low limits for dioxin and furans, given the detection 

limits for EPA Method 23. Several commenters contended that, 

considering the body of available evidence on this subject, the 

EPA should not set limits below 0.1 nanograms (ng) toxic 

equivalent per dry standard cubic meter (TEQ/dscm) for 

dioxin/furan. Several commenters noted that the dioxin/furan 

emission level of 0.023 ng/dscm proposed for PVC facilities is 

below levels that can be accurately measured. 

Several commenters stated the agency should impose work 

practice standards rather than emission limits to control dioxin 

emissions or adjust the dioxin/furan standard to account for 

measurement uncertainty. One commenter stated that the EPA‘s 

decision to propose such conservative requirements for 

dioxin/furan testing is particularly surprising and unjustified 

in light of the agency‘s own estimates of the very low overall 

reduction of dioxin/furan emissions that would be achieved by 

this rule. The commenter also noted that the agency recognized 

the dioxin/furan dataset is comprised of nearly 50-percent ―nondetect‖ data. The commenter added that previous MACT rulemaking 

efforts for other comparable subparts, including the MACT rule 

for Hazardous Waste Combustors (40 CFR part 63, subpart EEE) or 

the Industrial Boiler and Process Heater MACT (40 CFR part 63, 
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subpart DDDDD), typically allow for either a work practice 

standard or for one-time dioxin/furan emissions testing of units 

subject to the rule. In contrast, the EPA has not proposed to 

allow for work practice standards and other emission standards 

(e.g., control of temperature in the air pollution control 

system and emission standards for vinyl chloride and hydrogen 

chloride) to control dioxin/furan emissions in the PVC MACT rule 

and instead, proposes to establish dioxin/furan emission 

standards at or below the detection capabilities of EPA Method 

23 along with expensive testing for dioxin/furan annually. Given 

that PVC-only plants have similar dioxin and furan emissions, 

PVC-only plants similarly should not be subject to numerical 

limits for dioxin and furan emissions. 

One commenter stated that section 112(h) of the CAACAA 

provides that "if it is not feasible in the judgment of the 

Administrator to prescribe or enforce an emission standard...the 

Administrator may, in lieu thereof, promulgate a design, 

equipment, word practice, or operational standard" and also 

cited Sierra Club v. EPA, 479 F.3d 875, 883 (D.C. Cir. 2007).. 

The commenter stated that the agency must first make a 

determination that "the application of measurement methodology 

to a particular class of sources is not practicable due to 

technological and economic limitations," not that it lacks 
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emissions data to set a limit. The commenter added they believe 

that PVC facilities face precisely the type of technological 

constraints in measuring for dioxins/furans that require the use 

of work practice standards.

Response: The commenters are correct that, at proposal, 50 

percent of the dioxin/furan dataset was at non-detect levels. 

With the addition of the EDC/VCM information submitted by 

industry in response to the CAA section 114 request for the 

EDC/VCM industry, that number has decreased to 38 percent. In 

comparison, 10 of the boiler NESHAP subcategories in 40 CFR part 

63, subpart DDDDD contained dioxin/furan datasets with nondetect values greater than 80 percent of the data, with most 

having non-detects greater than 90 percent of the data. As a 

result, the EPA determined that a work practice standard would 

be appropriate for the major source boiler NESHAP. Given the 

significantly greater level of detected information for PVC 

process vents it is apparent that dioxin/furan is created by 

combustion of chlorinated compounds in PVC process vent streams. 

Therefore, we maintain that numerical emission limits are 

appropriate rather than work practices to control dioxin/furan 

emissions from PVCPU process vents. As discussed previously, the 

emission limits for dioxins/furans have been revised, based on 

new data collected from EDC/VCM manufacturers, new subcategories 
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and a revised methodology for assessing detection limits. A 

discussion of the revised method for assessing detection limits 

is presented in section V.E.2 of this preamble. Following this 

methodology, we reviewed much larger data sets of Method 23 

dioxin/furan test data and determined that representative 

detection levels equal to 0.00933 ng/dscm are achievable for 

test runs greater than or equal to 4 hours. As a result, the 

final rule requires a dioxin/furan TEQ emission limit of 0.038 

ng/dscm for PVC-only process vents at existing and new sources, 

0.051 ng/dscm for PVC-combined process vents at existing 

sources, and 0.034 ng/dscm for PVC-combined process vents at new 

sources. We estimate that 10 out of 13 sources for which we have 

data are able to meet the emission limits without additional 

control. We are not prescribing a particular control technology 

for the remaining facilities. Affected sources may use any 

control technique to meet the dioxin/furan limits. We believe 

sources can use techniques such as enhanced vapor recovery prior 

to combustion as a means to reduce chlorinated compounds 

resulting in less chlorine available to form dioxins or furans.

For the impacts estimate, we estimated the cost for enhanced 

vapor recovery prior to combustion.

F. Emission Source Requirements

1. Process Vents
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Comment: One commenter raised several issues with the 

current definition of process vents. First, the commenter argued 

that the definition of process vent is too broad and 

incorporates emission points that are already regulated under 

other sections of the rule. Specifically, they contended that 

unloading and loading lines, samples, wastewater collection and 

treatment systems and ―other process components prior to the 

resin stripper‖ should be removed from the definition of process 

vent because including them in the process vent definition is in 

conflict with the proposed definitions of batch and continuous 

process vents. The commenter contended that wastewater 

collection and treatment systems should be excluded because they 

would already be regulated under the wastewater provisions 

specified in 40 CFR 63.11965 and 40 CFR 63.11970 of the proposed 

rule. In the case of ―other process components prior to the 

resin stripper,‖ the commenter contended that this is too broad 

a term, and at a minimum, the EPA should clarify what is meant 

by this term in the context of the process vent definition. 

Instead of the current proposed definition, the commenter 

suggested the following definition for process vent: ―Process 

vent means batch process vent or continuous process vent.‖ The 

commenter also proposed that the definitions of batch and 

continuous process vents should provide an exclusion for gaseous 
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streams routed to a fuel gas system. The commenter stated that 

because gaseous streams have a useful purpose and most other 40 

CFR part 63 NESHAP exclude gaseous streams from the definition 

of a process vent, they should not be considered process vents 

in this rule.

Response: In the final rule, we have revised the definition

of process vent, continuous process vent and batch process vent 

to provide additional clarification, and we have added a 

definition for miscellaneous vent. These revisions also provide 

additional consistency with the changes made to the affected 

source definition, the definition of PVCPU and the new 

definitions for PVC-only process vent and PVC-combined process 

vent. See section V.I. of this preamble for a complete 

discussion of the revised and added definitions.

1. Equipment leaks

Comment: Several commenters contended that the proposed 

requirement to have double mechanical seals and double outboard 

seals on rotating equipment is a beyond-the-floor control option 

and not a representation of the current control level within the 

industry. The commenters stated that there are no PVCPU that 

exclusively utilize double mechanical seals throughout the 

PVCPU, but instead these technologies are used in limited areas 

of the PVC production process and different technologies are 
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used in other areas. The commenters added that because the 

proposed requirements are actually beyond-the-floor options, the 

revised rule should allow subject facilities the option to 

comply with all the provisions of the promulgated 40 CFR part 

63, subpart UU MACT standard. They also contended that 

installation of further controls will constitute a burden on 

facilities and will provide minimal benefits in the form of 

potential HAP emission reductions. One commenter pointed out 

that proposed 40 CFR 63.11915(b)(1) and (2) would require pump 

seal installations that are optional under 40 CFR 63.1026(e) of 

subpart UU. Likewise, they argued, proposed 40 CFR 

63.11915(b)(5) would require agitator seal installations that 

are optional under 40 CFR 63.1028(e) of subpart UU. The 

commenter argued that the EPA should revise the pump and 

agitator seal section to be consistent with Subpart UU.

Response: The proposed requirement that reciprocating 

pumps, reciprocating and rotating compressors and agitators be 

equipped with double seals, or equivalent, was in error. In the 

final rules, we have adopted the MACT floor level of control for 

equipment leaks for all components which is compliance with 40 

CFR part 63, subpart UU, which gives affected sources the option 

of installing double seals, or equivalent, or complying with the 
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leak detection and repair requirements of the equipment leak 

standards.

Comment: Several commenters opposed the proposed 

requirements for PRD that any release is an automatic violation. 

The commenters contended that this requires a costly retrofit 

with little additional environmental benefit. They contended 

that this provision is in contradiction to a long-standing 

recognition by the EPA that some PRD discharges are necessary; 

for example, they stated, the current rule recognizes that 

proper operation of PRD (including using emergency relief valve 

discharges, currently exempted) is a necessary component of safe 

and responsible plant operation. One commenter recommended that

the EPA revise the proposed language at §63.11915(c) to read 

―[a]ny release to the atmosphere from a pressure relief device 

in HAP service, except for an emergency relief

discharge...constitutes a violation of this rule.‖ 

Several commenters added that in the affirmative defense 

requirements, EPA acknowledges safety-related relief valve 

discharges. They pointed out that the affirmative defense 

criteria state in 40 CFR 63.11895(a): ―(4) If the excess 

emissions resulted from a bypass of control device components or 

a process, then the bypass was unavoidable to prevent loss of 

life, personal injury, or severe property damage;...(6) All 
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emissions monitoring and control systems were kept in operation, 

if at all possible, consistent with safety and good air 

pollution control practices.‖ In addition, some commenters 

contended the low reportable quantity thresholds and Toxic 

Release Inventory reporting are adequate incentives for 

facilities to minimize discharge events, thus, allowing for 

affirmative defense is appropriate. They stated other MACT 

standards like the HON and the CAR also make allowances in the 

closed vent system bypass rules that account for safety-related 

pressure valve releases, and thus that in order to avoid unsafe 

conditions and prevent loss of life, personal injury, or severe 

property damage, the EPA should allow facilities to claim an 

affirmative defense for safety-related releases.

Response: PRD releases are already prohibited at all PVC 

facilities by the part 61 NESHAP, except when ducted to a 

control device meeting the 10 ppm limit applicable under the 

part 61 NESHAP to process vents or in an emergency relief 

discharge. 40 CFR 61.65(a). In this CAA section 112(d) NESHAP 

rulemaking, which builds upon the part 61 NESHAP, we have

identified no legal basis to exempt PRD releases from otherwise 

applicable NESHAP requirements. We believe that PRD releases at 

PVC facilities are caused by malfunctions or other occurrences 

that do not qualify for an exemption from standards that, under 
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the CAA, apply ―at all times.‖ Further, the proposed affirmative 

defense would be available for PRD releases caused by 

malfunctions. Therefore, we are not exempting emergency PRD 

releases in the final rule. See Sierra Club v. EPA, 551 F.3d 

1019 (D.C. Cir. 2008). We also have no technical basis or 

emissions information to justify setting an alternative 

requirement applicable to PRD releases. We are finalizing (i.e., 

no release to the atmosphere unless the release is routed to a 

closed vent systems and control device that meets the standards 

under this rule). Therefore, the final rule provides that a PRD 

release, unless ducted to a control device meeting the process 

vent limits, is a violation of the emission standard.

Release events from PRD have the potential to emit large 

quantities of HAP. In that case, it is important to identify and 

control any releases in a timely manner. Therefore, we are 

requiring you to install electronic indicators on each PRD that 

would be able to identify and record the time and duration of 

each pressure release. In addition to ensuring that significant 

releases are addressed, these requirements will also alert 

operators to any operational problems with the PRD seal that 

could be resulting in emissions to the atmosphere.

As discussed in the proposed rule, we are including an 

affirmative defense to civil penalties for exceedances of 
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emission limits. See 40 CFR 63.12005 of the proposed rule

(defining ―affirmative defense‖ to mean, in the context of an 

enforcement proceeding, a response or defense put forward by a 

defendant, regarding which the defendant has the burden of 

proof, and the merits of which are independently and objectively 

evaluated in a judicial or administrative proceeding). We also 

are requiring that other regulatory provisions to specify the 

elements that are necessary to establish this affirmative 

defense; the source must prove by a preponderance of the 

evidence that it has met all of the elements set forth in 40 CFR 

63.11895 of the proposed rule. (See 40 CFR 22.24.) The criteria 

ensure that the affirmative defense is available only where the 

event that causes an exceedance of the emission limit meets the 

narrow definition of malfunction in 40 CFR 63.2 (sudden, 

infrequent, not reasonable preventable and not caused by poor 

maintenance and or careless operation). For example, to 

successfully assert the affirmative defense, the source must 

prove by a preponderance of the evidence that excess emissions 

―[w]ere caused by a sudden, infrequent, and unavoidable failure 

of air pollution control and monitoring equipment, process 

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

manner....‖ The criteria also are designed to ensure that steps 

are taken to correct the malfunction, to minimize emissions in 
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accordance with 40 CFR 63.11895 of the proposed rule and to 

prevent future malfunctions. For example, the source must prove 

by a preponderance of the evidence that ―[r]epairs were made as 

expeditiously as possible when the applicable emission 

limitations were being exceeded...‖ and that ―[a]ll possible steps 

were taken to minimize the impact of the excess emissions on 

ambient air quality, the environment and human health....‖ In any 

judicial or administrative proceeding, the Administrator may 

challenge the assertion of the affirmative defense and, if the 

respondent has not met its burden of proving all of the 

requirements in the affirmative defense, appropriate penalties 

may be assessed in accordance with section 113 of the CAA (see 

also 40 CFR 22.77).

Comment: Several commenters argued that multiple systems 

and procedures already exist at facilities to detect and remedy 

releases from PRD and, thus, automatic release indicators are 

redundant. They also stated retrofitting existing PRD with 

release indicators would be costly, and installation of these 

devices will not result in any emission reduction as they are 

indicators only. They contend that the PVC industry is currently 

subject to both environmental and safety standards which 

adequately address concerns with the detection of emissions from 

relief devices, such as 40 CFR part 61 subpart V requirements in 
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section 61.242-4. Two commenters pointed out that most PVC 

plants typically have rupture discs installed below relief 

valves that discharge to the atmosphere, and monitor the space 

between the rupture disc and the PRD for leaks on a routine 

basis using a local pressure indicator and log this information 

for safety purposes. One commenter contended that the EPA should 

at least perform a cost-benefit analysis before finalizing this 

requirement. Several commenters contended that given the cost, 

multiple systems currently in-place, and the lack of any 

emissions reductions, the EPA should delete the requirement for 

release indicators at proposed §63.11915(c).

Response: We acknowledge, based on information from the 

commenters, that the PVC industry typically installs area 

monitors in addition to rupture discs in series with relief 

valves. We also acknowledge other commenters' statements that 

multiple systems and procedures exist to detect and remedy 

releases from PRD, although they did not identify specific 

systems or procedures for the EPA to consider. However, the 

commenters did not suggest that the EPA adopt any type of 

monitoring or recordkeeping requirement for PRD discharges, and 

commenters' statements taken as a whole do not support a 

conclusion that all PVC facilities currently install and use 
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effective means to detect and record PRD discharges for all of 

their PRD.

Release events from PRD have the potential to emit large 

quantities of HAP, and a large number of these releases that may 

occur may not be identified and controlled in a timely manner, 

and may be due to repeat problems that have not been corrected.

In the final rule, PRD are required to be equipped with 

indicators to identify and record the time and duration of each 

pressure release. The requirement to install indicators to 

identify and record the time and duration of each pressure 

release is a compliance requirement to ensure the PRD 

requirements in the final rule are met. They help ensure that 

any PRD discharge, i.e., a release of uncontrolled HAP 

emissions, is immediately known to the source operator and 

recorded for future consideration by the facility or regulatory 

authority, so that remedial or preventative action can be taken 

to minimize or avoid PRD discharges in the future. The cost of 

the electronic indicators is incorporated into the costs of the 

final rule. Our cost estimates are based on the best information 

available to the EPA. While commenters indicated the EPA costs 

were underestimated, they did not provide sufficient information 

to revise our estimates.
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Additional discussion on our decisions regarding PRD is 

found in the response to the previous comment.

2. Resin

Comment: One commenter noted that §§ 63.11960(d)(2) and (3) 

of the proposed rule states that: ―If an operating limit is a 

range, then you must operate the stripper as close as possible 

to the maximum or minimum operating limit for the resin 

stripper, whichever results in higher emissions (i.e., lower 

emission reduction).‖ The commenter added that the purpose of an 

operating range is to allow for normal variability and 

fluctuation inherent in the process, and by requiring that 

compliance measurements be performed at operating conditions 

resulting in the highest emissions, the agency is artificially 

increasing both the chance that a single compliance measurement 

would be out of compliance, as well as the overall emissions 

loading used to evaluate the environmental performance of the 

unit. The commenter submitted that such operating limits applied 

to resin strippers are inappropriate and that where conditions 

exist that operating limits are appropriate, proper measurement 

protocol would be to require sampling within the normal 

operating ranges, not at a particular point within.

Response: In the final rule, for stripped resins as well as 

for process wastewater, we are no longer requiring sources to 
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comply with operating limits and conduct continuous parametric 

monitoring. The requirements to conduct resin sampling are 

sufficient to assure compliance with the stripped resin limits.

In our review of the resin sampling data in conjunction 

with the establishment of additional subcategories for stripped 

resins (see discussion above), we recognize that while resin 

subcategories are established at the type of resin, there are a 

multitude of resin grades produced by facilities that fall under 

a general resin type. Some facilities may produce on the order 

of hundreds of different grades for any one particular resin 

type. For the same reasons outlined as to why we are 

establishing additional subcategories for stripped resins in the 

final rule, we recognize that there are also differences in the 

formulations, recipes, and processing conditions in the 

polymerization reactors and/or resin stripper for different 

resin grades of the same resin type. The establishment of resin 

subcategories at the grade level would be impractical as an 

inordinate number of subcategories would have to be established 

for hundreds, if not thousands, of different grades of resin. As 

such, the MACT limits established at the level of resin type 

will account for the inherent variability in not only the 

formulation and recipes of the different resin grades, but also 

the variation that must exist in the polymerization and 
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stripping of different resin grades in order to meet established 

resin specifications and end-user requirements. The final rule 

requires compliance with the stripped resin limits be 

demonstrated based on a 24-hour arithmetic average of samples 

taken every 3 hours for continuous strippers or at the end of 

each batch for batch strippers. The frequency of resin sampling 

that is required under the final rule is sufficient to ensure 

that continuous and batch stripping operations are in continuous 

compliance with the stripped resin limits.

Therefore, requiring facilities to establish parameters on

their stripping operations that must be monitored and maintained 

to ensure continuous compliance is not practical considering the 

multitude of operating limits and ranges that would need to be 

established to cover the production of numerous grades of resin. 

We further recognize that given the establishment of resin 

limits at the outlet of the resin strippers, we can allow 

flexibility in the operation of the strippers while ensuring 

that the resin limits are being met as the resin exits the 

stripper. Therefore, we have removed all requirements for 

continuous parametric monitoring of resin strippers from the 

final rule.

Comment: One commenter contended that a work practice 

standard is needed for startup periods for the resin slurry 
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strippers. The commenter does not normally take samples for 

vinyl chloride within 2 hours of a PVC resin slurry stripper 

startup, but provided a table of information in their comment 

letter on four investigations undertaken on different days at 

different plants. The commenter stated that the first three 

products tested were relatively easy-to-strip grades, while the 

fourth product was a relatively hard-to-strip pipe grade resin. 

The commenter stated that a relatively short startup vinyl 

chloride spike is present for easy-to-strip resins, but that for 

the higher volume pipe grade resin with lower porosity (hard-tostrip), the startup spike lasted at least 1 hour and, possibly,2

hours. Based on the variability seen in the slurry stripper 

start-ups, the commenter contended that it is not possible to 

set a single numerical limit for startup conditions. Therefore, 

the commenter requested that the EPA establish a work practice 

allowing a 2-hour time period following startup when no vinyl 

chloride samples shall be used for compliance purposes.

Response: The resin limits apply at all times including 

during periods of normal operation and during periods or startup 

and shutdown. The variability incorporated into the stripped 

resin limit calculation for each resin type will sufficiently 

allow for periods of concentration spiking during periods of 

startup. Compliance with the stripped resin limits is based on a 
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24-hour arithmetic average of samples taken every 8 hours for 

continuous strippers or at the end of each batch for batch 

strippers. For a continuous stripper, samples must be taken 

every 8 hours or for each grade, whichever is more frequent. We 

believe the 24 hour averaging time and 8 hour sampling frequency 

will allow sources to demonstrate compliance with the stripped 

resin limits. Finally, section 112(h) of the CAA authorizes the

EPA to set work practice standards in lieu of numerical emission 

limits only where it is not feasible to prescribe or enforce a 

numerical emission standard. This statutory threshold is further 

defined to mean that HAP cannot be emitted ―through a conveyance 

designed and constructed to emit or capture such pollutant‖ or 

―the application of measurement methodology to a particular 

class of sources is not practicable due to technological and 

economic limitations.‖ The commenter did not provide any 

information to satisfy this statutory prerequisite to support 

the application of work practice standards to startup periods 

for resin strippers. Therefore, we disagree that a work practice 

should be established in lieu of a numerical emission limit for 

resin strippers during periods of startup.

3. Wastewater

Comment: Several commenters contended that owner/operators 

should be exempt from the proposed initial and continuous vinyl 
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chloride and HAP sampling requirements if they can document, 

through process knowledge or historical sampling data, that no 

HAP are present in the wastewater stream. All documentation 

would be available to an inspector. The HON at 40 CFR 63.144(b) 

and 63.144(c) (subpart G) allows for the use of sampling, bench 

scale data and/or process knowledge to determine concentration 

and flow rate of a wastewater stream.

Response: In the final rule, we are requiring that for any 

process wastewater streams that are not being treated prior to 

being discharged from the PVCPU, facilities must sample those 

streams and determine if treatment is required to meet the 

process wastewater limits for vinyl chloride and total non-vinyl 

chloride HAP. If after the initial sampling, treatment is not 

required to meet the limits, then those streams must only be 

retested annually or when a process change is made. The final 

rule contains limits based on the MACT floor for total non-vinyl 

chloride HAP. The total HAP concentration and flow rate cutoffs 

were included as a beyond-the-floor option at proposal in an 

effort to make the wastewater requirements consistent with other 

chemical sector rules, as the option was cost-effective. 

However, since we have established vinyl chloride and total nonvinyl chloride HAP limits for process wastewater that, combined, 

are well below 1,000 ppmw, we have determined that the proposed 
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flow rate and concentration cutoffs and the associated HON 

requirements are no longer appropriate for the final rule. We,

therefore, removed the total HAP flow rate cutoff and 

concentration cutoff, and flow rate determination requirements 

from the final rule. Annual re-sampling and testing of untreated 

streams is not overly burdensome and provides more reliable 

results than engineering estimates or process knowledge on which 

to determine whether at some point in the future, an untreated 

stream must be treated to meet applicable limits.

Comment: Some commenters stated that the EPA should provide 

exemptions for certain safety-related streams. The commenters 

contended that certain events may occur at a PVCPU that require 

the release and subsequent discharge of water, such as a fire or 

the use of eye wash stations and safety shower, and these 

activities have little to no chance of emitting HAP. The 

commenters stated that safety-related streams are identified in 

HON at 63.100(f)(1) through (f)(11). In the absence of such 

exemptions, the commenters concluded that facility employees 

will be confused or hesitant because of a compliance dilemma at 

the worst possible time.

Several commenters asked for clarification about which inprocess wastewater streams require control and treatment. 

Several commenters contended that maintenance wastewater streams 
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should be regulated independently of inprocess wastewater. The 

commenters stated that the capture of maintenance wastewater 

emissions is infeasible and thus warrants use of a work practice 

standard. The commenters stated that there are no known

practical and effective methods for collecting and controlling 

fugitive emissions from a wastewater stream which can vary 

considerably in HAP concentration and flow rate. Several 

commenters argued that maintenance wastewater should not have a 

prescribed limit, but work practices to remove residuals prior 

to its generation. A commenter stated that maintenance 

activities are non-routine, highly variable activities that 

require the purging, clearing and cleaning of equipment in 

preparation for safe handling by personnel. Some commenters 

added that maintenance wastewaters include dilute concentrations 

of HAP because industry takes efforts to remove residual HAP 

before equipment is flushed. The commenters concluded that 

quantifying a concentration to establish compliance with a limit 

would be extremely difficult if not impossible, as the 

―acceptable‖ level would be based on the specific circumstances 

involved. The commenters added that other MACT standards like 

the HON and MON provide a separate management option for 

maintenance or turnaround wastewater. 
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The commenters contended that streams should be clearly 

defined by the point of determination (POD) and not the proposed 

point of generation (POG). The commenters added that the POG 

concept is not defined or explained within either the VCM NESHAP 

or the proposed PVC MACT. Other MACT standards related to 

chemical process industries provide for sampling at the POD and 

have exemptions in the rule related to the definition of 

wastewater. 

Response: We agree with the commenters that it is not

feasible to collect wastewater resulting from maintenance 

activities at PVC facilities such that it could be contained and 

routed to a wastewater treatment system. We disagree that 

maintenance wastewater generation activities are non-routine. We 

maintain that maintenance activities at PVC facilities are 

routine, but those activities result in the generation of 

wastewater in such a manner that it cannot be collected, 

enclosed routed to a wastewater treatment system or otherwise 

managed in a controlled or enclosed system as process wastewater 

can. We have reviewed the information submitted by industry 

regarding their various work practices to manage maintenance 

wastewater streams. There are a variety of practices and methods 

used by facilities for collecting and controlling fugitive 

emissions from maintenance wastewater streams. Furthermore, 
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these streams can vary considerably in HAP concentration.

Therefore, it is not feasible to prescribe or enforce an 

emission standard for maintenance wastewater and maintenance 

wastewater streams should be regulated separately from process 

wastewater. In the final rule maintenance wastewater is not 

subject to the same requirements as process wastewater but 

instead is subject to work practice standards. Facilities can 

effectively implement work practices to prevent or mitigate the 

emissions of HAP from wastewater generated during maintenance 

activities. We also agree that certain safety related activities 

that may generate a wastewater stream not be subject to the 

requirements for process wastewater. Therefore, we have added 

separate requirements in the final rule for maintenance 

wastewater streams. Furthermore, we have clarified that certain 

safety-related streams are not considered wastewater. These two 

revisions in the final rule are consistent with wastewater 

provisions in other MACT standards, such as the HON and MON. We 

have also removed all terminology related to ―point of 

generation‖ and ―point of determination.‖ These terms created 

confusion for determining compliance with the standards. The 

final rule includes simplified language regarding where process 

wastewater streams must be tested to determine if treatment is 

required to meet the process wastewater limits. In the final 
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rule, we are requiring that wastewater be measured immediately 

as it leaves a piece of process equipment and before being mixed 

with any other process wastewater stream. We have also clarified 

that the limits must be met before the process wastewater stream 

is discharged from the PVCPU.

4. Heat exchange systems

Comment: Several commenters stated that the proposed heat 

exchange systems monitoring methods are more restrictive than 

other part 63 NESHAP‘s. The commenters suggested that the EPA 

broaden proposed leak testing and compliance requirements for 

cooling water supply (in closed-loop recirculation systems) and 

required heat exchange systems. The commenters identified 

several alternate compliance methods: (1) Method 107, which 

focuses on vinyl chloride not HAP, be included as a compliance 

option. Method 107 which is conducted on-site allows for fast 

results (24 hours while 8021B tests can take a week) and quicker 

repairs to any leaking exchange systems; (2) replace Method 

8021B with Method 8260B. Method 8260B has a more comprehensive 

target chemical list; test laboratories no longer have the 

equipment or personnel capable of performing Method 8021B; and 

Method 8021B is not incorporated by reference in 40 CFR 63.14 as 

is the Modified El Paso Method.
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Response: The leak action level for heat exchange systems 

is not an independent limit on emissions but rather is used as 

an indicator that there may be a leaking component and as a 

trigger level to take further action to remedy the leak. As

discussed in the preamble to the proposed rule, the leak action 

level and associated repair requirements for heat exchange 

systems are work practice standards under section 112(h) of the 

CAA and not numerical emission limits, similar to requirements 

applicable to equipment leaks. The proposed leak action levels 

and monitoring frequencies were established based on the 

information provided to us in responses to our August 21, 2009,

CAA section 114 information collection request of the PVC 

industry and subsequent requests by us of the industry 

requesting clarification on heat exchange system monitoring 

practices used in the industry.

Based on comments received, we have added an option for 

facilities to monitor their heat exchange systems using EPA 

Method 107, but we have retained the requirement as an option to 

using EPA Method 107 and monitoring for vinyl chloride to 

monitor for leaks of total strippable VOC into cooling water. 

Vinyl chloride is the primary raw material in the manufacture of 

PVC and is present in most, if not all, process streams. 

However, vinyl chloride would not normally be present in cooling 
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water. The process streams are cooled by cooling water in noncontact heat exchangers. If there is a leak of a process stream 

into the cooling water, for example, through a broken heat 

exchanger tube bundle, vinyl chloride concentrations would 

increase in the cooling water. A leaking process stream that 

contains other HAP in addition to vinyl chloride would also leak 

those other HAP into the cooling water. In a recirculating heat 

exchange system that contains a cooling tower, the cooling water 

is exposed to the atmosphere at the cooling tower. It is 

sufficient to establish a leak action level for heat exchange 

systems at PVC facilities based on a level of vinyl chloride 

that, if detected in the cooling water, would indicate a leak of 

the process stream and all HAP contained in that process stream 

into the system. Therefore, we determined that for this 

industry, vinyl chloride is also an appropriate indicator to

determine if there is a leak in a heat exchange system. 

Furthermore, EPA Method 107 is an established method for the 

analysis of vinyl chloride in wastewater samples.

Our approach at proposal to determining a MACT floor for 

heat exchange systems was to calculate the average leak action 

level from the five reported lowest leak action levels to 

determine the floor for existing sources, and the single lowest 

leak action level to determine the floor for new sources. 
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Similarly, we looked at the range of monitoring frequencies and 

selected the median frequency from 9 heat exchange systems for 

existing sources and the most frequent monitoring period for new 

sources. We have revised our MACT floor analysis and determined 

the median leak action level for total strippable VOC from the 

top five lowest leak action levels reported. The revised MACT 

floor analysis results in a leak action level for total 

strippable VOC for existing sources of 50 ppbw. The lowest leak 

action level reported was also 50 ppbw and represents the 

revised MACT floor for new sources. Therefore, in the final 

rule, the leak action level for total strippable VOC in cooling 

water is 50 ppbw with monthly monitoring, for both existing and 

new sources. The methods used by facilities to monitor for VOC 

include the Modified El Paso Method and EPA Method 624. In the 

final rule, we have revised the cooling water monitoring method 

from Method 8021B to EPA Method 624, but we have not changed the 

option to monitor using the Modified El Paso Method.

To develop a leak action level for vinyl chloride, we 

looked at the leak action levels and monitoring frequencies

reported by facilities that perform vinyl chloride monitoring 

using EPA Method 107. We determined a vinyl chloride leak action 

level based on the median leak action level reported by 

facilities that monitor for vinyl chloride. Those leak action 
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levels range from 50 ppbw to 5,000 ppbw with monitoring 

frequencies between monthly and quarterly. To determine the MACT 

floor level of control, we conducted an analysis similar to the 

analysis conducted for equipment leaks; an analogous emission 

source that is fugitive in nature where control is a work 

practice and not an emission limit. The existing source MACT 

floor level of control for equipment leaks was calculated using 

the average (median) level of control of work practices at the 

best performing five sources. We determined that the median leak 

action level for heat exchange systems was 50 ppbw. The MACT 

floor analysis results in a leak action level for vinyl chloride 

for existing sources of 50 ppbw with monthly monitoring. The 

lowest leak action level reported was also 50 ppbw and 

represents the revised MACT floor for new sources. Therefore, in 

the final rule, the leak action level for total strippable VOC 

in cooling water is 50 ppbw with monthly monitoring, for both 

existing and new sources. This analysis is documented in the 

memorandum Revised MACT Analysis for the Polyvinyl Chloride and 

Copolymers (PVC) Production Source Category and is available in 

the docket.

5. Other Emission Sources

Comment: One commenter stated that in the preamble to the 

proposed rule, the EPA has indicated that for "other emission 
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sources," requirements from part 61 NESHAP constituted the MACT 

floor level of control and that, in turn, was used to set the 

proposed limits, which requires complying with a vinyl chloride 

percent reduction. However, the commenter added, the rule 

requires sources to comply with a total HAP percent reduction, 

while the preamble only requires sources to comply with a vinyl 

chloride percent reduction. The commenter contended that sources

have been using a method for sampling and detecting vinyl 

chloride for years, and measuring total HAP will introduce an 

additional layer of complexity to the compliance requirement.

The commenter requested that the EPA review the rule language 

and make it consistent with the preamble language by replacing 

total HAP with vinyl chloride.

Response: In the final rule, as in the proposed rule, we 

are requiring work practices which require venting the emissions 

from process components and equipment through a closed vent 

system to a control device prior to opening to minimize 

emissions. This is typically achieved by sweeping the component 

or equipment several times with nitrogen to reduce the 

concentration of HAP in the vapor space of the component or 

equipment. Implementation of this work practice does not 

differentiate between HAPs such that some HAP are removed from 

the equipment and some are not. As a result, these work 
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practices will reduce emissions of all HAP present in the 

component or equipment prior to opening. In the final rule we 

are setting standards for this emission source based on vinyl 

chloride because the Part 61 NESHAP, which constitutes the MACT 

floor level of control for reactor and equipment openings,

requires work practices to specifically control vinyl chloride 

emissions. Additionally, we do not have information on other HAP 

emitted. However, as discussed above, the work practice will 

reduce emissions of all HAP.

Comment: Commenters stated that gasholders should not be 

regulated as storage vessels, but should be considered as surge

control vessels, due to their process functions. Specifically, 

commenters contended that based on the CAA liquid storage 

definitions and associated requirements, gasholders do not meet 

the definitions of ―fixed roof‖ storage vessel or ―floating 

roof‖ storage vessel and, thus, recommended that gasholders be 

defined as surge control vessels in 4040 CFR 63.12005. One 

commenter also agreed with the EPA that gasholder seal water 

should not be regulated as wastewater.

The commenters stated that it is impractical to measure 

gasholder fugitive emissions or route them to a stack, thus work 

practices should be used to control these gasholder emissions. 

One commenter recommended that the EPA regulate PVC MACT 
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gasholders in the same way as other surge control vessels at 40 

CFR part 63, subpart H. The commenters stated that the PVC MACT 

standard for gasholders should be a combination of equipment 

control and procedural requirements. The commenter described 

studies undertaken to determine the feasibility of certain 

control technologies like the use of floating objects to cover 

the water seal, finding that though these approaches can reduce 

emissions, they have drawbacks as well, and thus should be used 

in combination with procedural standards.

One commenter provided information related to emissions and 

controls for gasholders, as requested by the EPA in the 

preamble. The commenter stated that gasholders are important for 

safety and stability of the operation in the PVC process, with 

the process equipment specifically designed around gasholders to 

maintain safe pressure and gas flow to the closed vent and vinyl 

chloride recovery systems. Thus, they stated, any changes to the 

design of the existing system could compromise safety procedures 

and would impose a burdensome capital investment. Finally, the 

commenter recommended the use of floating objects, such as 

balls, hallow disks, oil layer or rubber mats, in the gasholder 

water seal for emissions reductions, as it is a flexible system 

that provides a consistent degree of control without creating 

additional waste management concerns.
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Response: In the proposed rule, we requested comment on 

techniques to control emissions from gasholders. We reviewed the 

information submitted by the industry and have concluded that it 

is not feasible to prescribe or enforce an emission standard for 

emissions of vinyl chloride or other HAP from the water seal and 

the outside of the floating bell on gasholders. For PVC 

facilities that have gasholders, they are an integral part of 

the vinyl chloride recovery process and are connected to the 

closed vent system that collects and routs process vent 

emissions from process components to the vinyl chloride recovery 

system. After vinyl chloride recovery, any remaining process 

vent gasses are routed through the closed vent system to a 

control device. There are, however, emissions from gasholders 

that originate from the water seal and the outer portion of the 

floating bell that are fugitive in nature. The water seal 

contacts vinyl chloride and other HAP contained in the gasholder 

and thus there is the potential to emit HAP from the water in 

the gasholder seal and the thin film of water that accumulates 

on the outer surface of the floating bell. It is not technically 

practicable to route these emissions into or through a 

conveyance designed and constructed to capture and control them 

to an enforceable emission limit. Therefore, in the final rule, 

we are promulgating a work practice and equipment standard 
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consistent with the provisions of section 112(h) of the CAA. In 

the final rule, we are requiring facilities to install and 

maintain floating objects on the surface of the gasholder water 

seal to minimize emissions of vinyl chloride and other HAP. Four 

options for these objects are provided. We are also requiring 

facilities to develop a standard operating procedure for each 

gasholder to ensure that the floating objects are properly 

maintained and that emissions are minimized.

G. Initial and Continuous Compliance and Recordkeeping and 

Reporting

Comment: Three commenters stated that the EPA should remove 

CDD/CDF CEMS from the rule. The commenters contended that 

CDD/CDF CEMS technology is not well developed. One commenter 

stated that an EPA CDD/CDF CEMS study noted that, within the 

range of 1-10 ng/dscm, TEQ relative accuracy was reported 

between 23 percent and 75 percent. The commenter contended that 

the technology would not be useful with such a wide range of 

relative accuracy at the proposed limit. Another commenter 

stated that the technology is not commercially available in the 

United States. Another commenter indicated that monitors in use 

are mainly in other countries. Another commenter added that 

several of the available monitors are not continuous as they are 

not real time and require using a third party lab for results.
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Response: We agree with the commenter on the availability 

of CEMS for CDD/CDF. CEMS for CDD/CDF and HCl are still being 

developed and the EPA does not have specifications for the 

technology currently. In the final rule, we have removed the 

requirement for dioxin and HCl CEMS, but have retained them as 

an option for existing and new sources once performance 

specifications have been promulgated. 

H. Area Sources 

Comment: One commenter stated that, if the PVC MACT and 

GACT are combined, the EPA needs to fully consider the cost of 

the MACT on area sources and modify the requirements to minimize 

the burden on area sources. They stated that GACT standards 

required by CAA §112(d)(5) are different from MACT standards 

under CAA §112(d)(3) and, though the technologies employed in 

these facilities are similar, the EPA has not performed the 

required economic analysis in setting GACT. One commenter stated 

that, given the burdens on reduced workforces at smaller 

facilities, scaled-back requirements such as reduced stack 

testing frequency or reduced CPMS requirements are warranted and 

will have no negative impact on air emissions or compliance at 

area source facilities. The commenter added that the economic 

impact of the proposed PVC MACT on area sources makes these 
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measures necessary for the facilities to remain financially 

viable.

One commenter stated that the proposed GACT standard for 

process vents for vinyl chloride and dioxins and furans are not 

appropriate or cost effective, based on small emissions 

reduction and high cost calculated in the EPA‘s analysis. The 

commenter added that these limits are redundant since TOHAP 

includes vinyl chloride and dioxins/furans and, thus, they 

contend that the vinyl chloride standards should be eliminated.

One commenter made several comments regarding the 

pollutants proposed for regulation for area sources under GACT. 

The commenter stated that regulation of ―total HAP‖ and 

―CDD/CDF‖ under the area source GACT standard is not warranted 

because, although the agency has discretion to regulate all 

urban HAP for area sources, total HAP is not an urban HAP (they 

contend that classifying total HAP as an urban HAP would make 

the list meaningless), and CDD is not a HAP at all (thus, the 

EPA has no authority to regulate CDD under CAA section 112). 

Furthermore, the commenter contended that control technologies 

already used by CertainTeed to control vinyl chloride also 

achieve control of individual organic HAP. For CDD/CDF, the 

commenter pointed out that the EPA‘s own analysis showed that

the proposed regulation would achieve little, if any, 
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reductions. The commenter concluded that there is no benefit to 

establishing a standard for total HAP or CDD/CDF. The commenter 

added that the regulation of HCl under the area source GACT 

standard is not warranted either. They contended that, because 

the EPA has the discretion to revise the GACT standard only as 

necessary, the EPA must first determine that regulation of HCl 

is necessary. Instead, they stated that the EPA seeks to 

regulate HCl emissions and posits that such regulation is 

―appropriate‖ simply based on the fact that such emissions ―are 

generated.‖ In light of this, the commenter concluded that the 

proposed GACT standards for HCl should not be finalized.

Response: In the proposed rule, we considered that GACT 

standards for PVC area sources should be the same as the MACT 

standards for PVC major sources, based on the similarities

between area and major source PVC facilities. For the final 

rule, we have revised our analysis of area source GACT, 

considering comments received on the proposed rule. Our revised 

GACT analysis assesses each PVC emission point (e.g., process 

vents, equipment leaks, etc.) individually, for both existing 

and new sources, to determine the appropriate level of control, 

considering cost and emission reduction. The GACT analysis was 

conducted for the same subcategories as major sources.

Section 112(d)(5) authorizes the EPA to promulgate 
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standards or requirements for area sources "which provide for 

the use of generally available control technologies or 

management practices [GACT] by such sources to reduce emissions 

of hazardous air pollutants." 

Under CAA section 112(d)(6), we are required to ―review, 

and revise as necessary (taking into account developments in 

practices, processes, and control technologies), emission 

standards promulgated under this section no less often than 

every 8 years.‖ With this rulemaking, we are fulfilling our 

obligation to review and revise, as necessary, the PVC 

Production area source standards. The 2007 NESHAP for PVC 

Production area sources (40 CFR part 63, subpart DDDDDD) are 

based on GACT. The area source NESHAP only set emission limits 

for vinyl chloride, which was the pollutant for which we needed 

the PVC Production area source category to meet our 90-percent 

obligation in CAA section 112(c)(3) and (k)(3)(B). In this final 

rule, we are tightening emission standards for vinyl chloride 

under CAA section 112(d)(6) and establishing emission standards 

for total HAP (total organic HAP for process vents and total 

non-vinyl chloride HAP for stripped resins and wastewater) and 

CDD/CDF for process vents under CAA section 112(d)(5).

In this final rule, we have determined that area source 

emission limits should be set for total HAP and CDD/CDF, in 
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addition to vinyl chloride, that are emitted from PVC production 

processes. As explained in other area source rules, the agency 

has discretion to set standards for all urban HAP, in this case, 

including CDD/CDF and total HAP, and to not limit standards to 

only the urban HAP for which the area source category was listed 

(i.e., vinyl chloride). In addition to vinyl chloride, PVC 

production processes emit a variety of other HAP that may be 

contained in initiators or inhibitors of polymerization, 

additives, copolymer feedstocks, impurities or formed during the 

polymerization process. We are authorized to regulate the 

CDD/CDF class of HAP. While dibenzofuran and 2,3,7,8-TCDD are 

identified by name as HAP in CAA section 112, all CDD/CDF are 

polycyclic organic matter, and, as such, we have the authority 

to regulate these compounds. Rather than setting individual 

emission limits for the wide variety of HAP that can be emitted 

by area source PVC facilities, we are finalizing a total HAP 

emission limit (as we are for major sources). A total HAP limit 

is appropriate because emissions from area source PVC facilities

are comprised of mixtures of these organic HAP. Control 

technologies used to meet the total HAP emission limit are the 

same technologies that would be used to reduce emissions of 

individual HAP species emitted from process vents (e.g., 

combustion or recovery devices). We do not believe that scaled-
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back requirements such as reduced stack testing frequency or 

reduced CPMS requirements are warranted for area sources since 

we believe that these requirements are necessary to demonstrate 

compliance with the emission limits and apply equally to major 

and area source. We are also applying the standards to the 

entire facility and all HAP because the management practice 

requirements are equally effective for all HAP and there is 

little, if any, additional cost for implementing the management 

practices for all emission sources. In addition, where add-on 

controls are required, demonstrating compliance for total HAP is 

less burdensome than demonstrating compliance for speciated HAP 

and that the controls are equally effective at reducing nonurban HAP emissions. We agree with the commenters that it would 

not be appropriate to set limits for HCl in the final rule for 

area sources. HCl is not on the urban HAP list

Although we recognize that we have met the 90-percent 

requirement of CAA section 112(c)(3), nothing precludes the 

agency from regulating beyond the 90 percent with regard to the 

30 urban HAP. In determining what constitutes GACT for this 

final rule, we considered the control technologies and 

management practices that are generally available to PVC area 

sources by examining relevant data and information, including 

information collected from PVC area sources. We also considered 
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the control measures applicable to PVC major sources to 

determine if the control technologies and management practices 

are transferable and generally available to area sources. As 

part of the GACT determination, we considered the costs and 

economic impacts of available control technologies and 

management practices on area sources which are documented in the 

technical memorandum, Generally Achievable Control Technology 

(GACT) for Area Sources in the Polyvinyl Chloride and Copolymers 

(PVC) Production Source Category, which is available in the 

docket.

Under CAA section 112(d)(5), the EPA can promulgate 

standards or requirements for area sources "which provide for 

the use of generally available control technologies or 

management practices [―GACT‖] by such sources to reduce 

emissions of hazardous air pollutants." Additional information 

on GACT is found in the Senate report on the legislation (Senate 

Report Number 101-228, December 20, 1989), which describes GACT 

as:

* * * methods, practices and techniques which are 

commercially available and appropriate for application by 

the sources in the category considering economic impacts 

and the technical capabilities of the firms to operate and 

maintain the emissions control systems.
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Consistent with the legislative history, we can consider 

costs and economic impacts in determining GACT.

Determining what constitutes GACT involves considering the 

control technologies and management practices that are generally 

available to the area sources in the source category. We also 

consider the standards applicable to major sources in the 

analogous source category to determine if the control 

technologies and management practices are transferable and 

generally available to area sources. In appropriate 

circumstances, we may also consider technologies and practices 

at area and major sources in similar categories to determine 

whether such technologies and practices could be considered 

generally available for the area source categories at issue.

We determined new and existing area source standards for 

each emission point by evaluating the current level of control 

and control options beyond the current level of control. 

For each emission point, we determined the current level of 

control for existing area sources to be equivalent to the 

current performance (incorporating variability and for MACT 

determinations) of the least controlled area source. If there is 

no area source in the category or subcategory, the least 

controlled major source, in each subcategory for each regulated

pollutant, as applicable, was analyzed. The only two existing 
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PVC area sources that we are aware of produce bulk resin and

suspension resin, respectively. No existing area sources produce 

dispersion resin, suspension blending resin, or copolymer resin. 

However, if an existing PVC major source is able to become a 

synthetic area source, e.g., by taking a federally enforceable 

limit on its potential to emit, before the first compliance date 

of this rule, it would be subject to area source rather than 

major source PVC NESHAP requirements. Therefore, in order to 

develop GACT standards for other stripped resin subcategories, 

we determined the current level of control for these 

subcategories in which there is no existing area source to be

equivalent to that of the least controlled major source, i.e., 

for the dispersion, suspension blending, and copolymer 

subcategories for stripped resins. In addition, we are not aware 

of any existing PVC area source that currently operates a 

gasholder. Therefore, we determined that the current level of 

control for gasholders is equivalent to that of the least 

controlled PVC major source with a small gasholder. We believe 

that all future possible existing area sources should be able to 

achieve these levels of control.

We expect that any new area sources will be controlled as 

well as, if not better than, existing area sources. Therefore, 

we determined the current level of control for new area sources
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to be equivalent to the current level of control for existing 

area sources. We considered estimating the new area source 

current level of control using the best controlled existing area 

source. However, with data from only two facilities being used 

in our GACT analysis, our analysis for PVC-combined process 

vents, PVC-only process vents, bulk resin and suspension resin 

is based on data from only one facility. For the other emission 

points (except for dispersion resin, suspension blending resin 

and copolymer resin discussed in the previous paragraph) both 

facilities are equivalent in terms of their current level of 

control. For example, for equipment leaks, the CertainTeed Lake 

Charles facility and the OxyVinyls Deer park facility both 

comply with 40 CFR part 61, subpart V; therefore, we were not 

able to determine the best controlled area source. Consequently, 

we determined the current level of control for new area sources

to be equivalent to the current level of control for existing 

area sources.

Control options beyond the current level of control for 

existing sources were analyzed on a basis of cost effectiveness. 

We determined the emission reductions, if any, associated with 

existing PVC area sources meeting levels of control more 

stringent than the current level of control. We then estimated 

the annual cost of testing, monitoring, recordkeeping and 
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reporting, and any operating and maintenance costs associated 

with control devices required to meet the more stringent control 

levels. We developed a cost effectiveness estimate by dividing 

the annual cost of the more stringent control level with the 

annual emission reduction. The control options analyzed beyond 

the current level of control follows:

For PVC-only and PVC-combined process vents at new and 

existing area sources, we analyzed two additional control 

options beyond the current level of control, for each regulated 

pollutant and each category or subcategory. The first option was 

requiring the current level of control, as discussed above, and 

the testing and monitoring requirements for process vents at 

existing major sources. The same types of controls are used at 

both existing area and major sources. The testing and monitoring 

necessary to ensure compliance with the emission limits and to

ensure proper operation of the control device are the same 

regardless of the size of the control device. The second option 

was requiring meeting the emission limits for existing major 

sources in addition to the testing and monitoring requirements 

for existing major sources.

For PVC-only process vents at new and existing area 

sources, we determined that the second option was not cost 

effective; instead, we concluded that the first option was 
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appropriate. We determined that the major source testing and 

monitoring requirements are appropriate and necessary to ensure 

that area sources are in compliance with the process vent 

standards, whether those required standards are the current 

level of control or major source standards. Therefore, we are

requiring PVC-only and PVC-combined process vents at new and 

existing area sources to comply with GACT by meeting the current 

level of control and the testing and monitoring requirements for 

existing major sources. 

For stripped resins at new and existing PVC area sources,

we analyzed two additional control options beyond the current 

level of control for each subcategory. The first option was 

requiring the current level of control and the testing and 

monitoring requirements for stripped resins at existing major 

sources. The second option was meeting the emission limits for 

existing major sources in addition to the testing and monitoring 

requirements for existing major sources. For the bulk and 

suspension resin subcategories, we are setting the stripped 

resin limits for new and existing area sources equivalent to 

their current level of performance, with variability, and 

testing and monitoring requirements for major sources for each 

stripped resin subcategory. For dispersion resins, GACT is based 

on the least controlled major source and limits were developed 
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for dispersion resins based on data from that source. For the 

suspension blending and copolymer resin subcategories, we are 

requiring the emission limits for existing major sources since 

there was only one source in each of these subcategories in 

addition to the testing and monitoring requirements for existing 

major sources. Similar to process vents, we determined that it 

is appropriate to require testing and monitoring requirements 

for major sources to ensure compliance.

For process and maintenance wastewater at new and existing 

PVC area sources, we analyzed three additional control options 

beyond the current level of control. The first option was 

requiring the current level of control and the testing and 

monitoring requirements for wastewater at existing major 

sources. The second option was meeting the emission limits for 

existing major sources in addition to the testing and monitoring 

requirements for wastewater at existing major sources. The third 

option was meeting the emission limits for new major sources in 

addition to the testing and monitoring requirements for 

wastewater at existing major sources. We determined that the 

second option of emission limits for existing major sources was 

less stringent than (i.e., not beyond) the current level of 

control for new and existing area sources. We determined that 

the third option of emission limits for new major sources were
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not cost effective for new or existing PVC area sources. 

Therefore, we are requiring process and maintenance wastewater 

at new and existing area sources to comply with GACT by meeting 

the current level of control and the major source testing and 

monitoring requirements. Similar to process vents, we determined 

that it is appropriate to require testing and monitoring 

requirements for major sources and necessary to ensure that area 

sources are in compliance with the process and maintenance 

wastewater standards.

For equipment leaks and for heat exchangers at new and 

existing PVC area sources, we analyzed one additional control 

option beyond the current level of control. The additional 

option was meeting the emission standards for equipment leaks 

and for heat exchangers at existing major sources. We determined 

that the emission standards for equipment leaks and heat 

exchangers at existing major sources are cost effective for new 

and existing area sources. Therefore, we are requiring new and 

existing area sources to comply with GACT by meeting the 

equipment leak and heat exchanger standards at existing major 

sources.

For storage tanks at new and existing PVC area sources, we 

analyzed one additional control option beyond the current level 

of control. The additional option was meeting the emission 
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standards for storage tanks at existing major sources. We 

determined the emission standards for storage tanks at existing 

major sources are cost effective for new and existing area 

sources. Therefore, we are requiring new and existing area 

sources meet to comply with GACT by meeting the emission 

standards for existing major sources. 

For other emission sources, the current level of control is

emission standards for reactor and other equipment openings 

equivalent to the requirements in 40 CFR part 61, subpart F, 

which is also equivalent to the major source level of control. 

We analyzed an additional option for gasholders equivalent to 

the emission standards for gasholders at major sources. The 

option was determined to be cost effective for new and existing 

area sources. Therefore, we are requiring that new and existing 

area sources comply with GACT by meeting the emission standards 

for gasholders and reactor openings at major sources. 

Tables 14 and 15 present a summary of the option selection 

analysis for new and existing area sources.

Table 14. Summary of Control Option Selection Analysis for 

Existing Area Sources

Emission 

Point

Control Option 

Analyzed Beyond 

Current Level of 

Control

Increment

al Annual 

Cost of 

Complianc

e ($/yr)

Emission 

Reduction

s (TPY -

Total 

HAP)

Cost 

Effective

ness 

($/Ton 

Total 

HAP)

PVC only

process 

Major Source 

Testing and 10,890 - -
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Emission 

Point

Control Option 

Analyzed Beyond 

Current Level of 

Control

Increment

al Annual 

Cost of 

Complianc

e ($/yr)

Emission 

Reduction

s (TPY -

Total 

HAP)

Cost 

Effective

ness 

($/Ton 

Total 

HAP)

vents Monitoring

Existing Major 

Source emission 

standards, 

monitoring and 

testing

180,245 0.257 701,814

PVC combined

process 

vents

Major Source 

Testing and 

Monitoring

10,890 - -

Existing Major 

Source emission 

standards, 

monitoring and 

testing

10,890 - -

Stripped 

resins (All 

Subcategorie

s)

Major Source 

Testing and 

Monitoring

10,615 - -

Existing Major 

Source emission 

standards, 

monitoring and 

testing

10,615 - -

Process and 

Maintenance 

Wastewater

Major Source 

Testing and 

Monitoring

19,777 - -

Existing Major 

Source emission 

standards, 

monitoring and 

testing

19,777 - -

New Major Source 

emission 

standards, 

monitoring and 

testing

2,996,390 12.2 245,516

Maintenance 

Wastewater

Major Source Work 

Practices

Equipment 

Leaks

Existing Major 

Source emission 

standards, 

monitoring and 

testing

63,544 9.29 6,840

Heat Existing Major 17,200 15.1 1,139
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Emission 

Point

Control Option 

Analyzed Beyond 

Current Level of 

Control

Increment

al Annual 

Cost of 

Complianc

e ($/yr)

Emission 

Reduction

s (TPY -

Total 

HAP)

Cost 

Effective

ness 

($/Ton 

Total 

HAP)

Exchangers Source emission 

standards, 

monitoring and 

testing

Other 

Emission 

Sources

Existing Major 

Source emission 

standards, 

monitoring and 

testing

3,108 - $4,921[a]

Storage 

Tanks

Existing Major 

Source emission 

standards, 

monitoring and 

testing

3,108 -

2,000-

12,000[b]

[a] – Emission reductions and costs were calculated for retrofitting a 

model small gasholder with floating objects to reduce emissions from 

the gasholder water seal. The results of the analysis showed that cost 

effectiveness was equal to $4,921 per ton of vinyl chloride reduced. 

We are not aware of any gasholders operated at existing PVC area 

sources; therefore no emission reductions are shown. 

[b] - Emissions reductions and costs were calculated for retrofitting 

subpart WW controls on model fixed roof tanks meeting Subpart Kb vapor 

pressure and size parameters. The results of the analysis showed that 

cost effectiveness ranged from $2,000 to $12,000 per ton of HAP 

reduced by this option depending on the number of turnovers assumed. 

Based on information submitted by PVC production facilities, no 

storage vessels from affected sources that meet the capacity levels 

storing materials that meet the vapor pressure levels were identified. 

Therefore, it was assumed that no storage vessels meeting capacity 

levels storing materials that meet the vapor pressure levels would be 

constructed at a new source.

$/yr – dollars per year

TPY – tons per year

$/Ton Total HAP – dollars per ton of total HAP

MACT – maximum achievable control technology

BTF – beyond the floor

Table 15. Summary of Control Option Selection Analysis for New 

Area Sources
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Emission 

Point

Control Option 

Analyzed Beyond 

Current Level of 

Control

Increment

al Annual 

Cost of 

Complianc

e ($/yr)

Emissio

n 

Reducti

ons 

(TPY -

Total 

HAP)

Cost 

Effective

ness 

($/Ton 

Total 

HAP)

Process 

Vents -

PVC Only

Major Source Testing 

and Monitoring 10,890 - -

Existing Major 

Source emission 

standards, 

monitoring and 

testing

180,245 0.257 701,814

Process 

Vents -

PVC 

Combined

Major Source Testing 

and Monitoring 10,890 - -

Existing Major

Source emission 

standards, 

monitoring and 

testing

10,890 - -

Stripped 

Resins 

(All 

Subcategor

ies)

Major Source Testing 

and Monitoring 10,615 - -

Existing Major 

Source emission 

standards, 

monitoring and 

testing

10,615 - -

Process 

and 

Maintenanc

e 

Wastewater

Major Source Testing 

and Monitoring 9,888 - -

Existing Major 

Source emission 

standards, 

monitoring and 

testing

9,888 - -

New Major Source 

emission standards, 

monitoring and 

testing

1,988,368 8.91 223,169

Maintenanc

e 

Wastewater

Major Source Work 

Practices

Equipment 

Leaks

Existing Major 

Source emission 

standards, 

monitoring and 

testing

31,772 4.64 6,840

Heat 

Exchangers

Existing Major 

Source emission 8,600 11.4 752
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Emission 

Point

Control Option 

Analyzed Beyond 

Current Level of 

Control

Increment

al Annual 

Cost of 

Complianc

e ($/yr)

Emissio

n 

Reducti

ons 

(TPY -

Total 

HAP)

Cost 

Effective

ness 

($/Ton 

Total 

HAP)

standards, 

monitoring and 

testing

Other 

Emission 

Sources

Existing Major

Source emission 

standards, 

monitoring and 

testing

3,032 0.616 4,922

Storage 

Tanks

Existing Major 

Source emission 

standards, 

monitoring and 

testing

1,554 -

2,000-

12,000[a]

[a] - Emissions reductions and costs were calculated for retrofitting 

subpart WW controls on model fixed roof tanks meeting Subpart Kb vapor 

pressure and size parameters. The results of the analysis showed that 

cost effectiveness ranged from $2,000 to $12,000 per ton of HAP 

reduced by this option depending on the number of turnovers assumed. 

Based on information submitted by PVC production facilities, no 

storage vessels from affected sources that meet the capacity levels 

storing materials that meet the vapor pressure levels were identified. 

Therefore, it was assumed that no storage vessels meeting capacity 

levels storing materials that meet the vapor pressure levels would be 

constructed at a new source.

$/yr – dollars per year

TPY – tons per year

$/Ton Total HAP – dollars per ton of total HAP

MACT – maximum achievable control technology

BTF – beyond the floor

A detailed discussion of these options and the cost and 

impacts estimated for them is found in the memorandum, Generally 

Achievable Control Technology for Area Sources in the Polyvinyl 

Chloride and Copolymers (PVC) Production Source Category, and is 

available in the docket. The results of the GACT analysis are 

presented in section VI.A and VI.B of this preamble. 
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The summary of the area source requirements in the final rule is 

discussed in section IV.I of this preamble.

Comment: One commenter disagreed with the EPA‘s proposed 

equipment leak standards. The commenters stated that the EPA‘s 

estimates of baseline fugitive emissions are not valid and not 

representative of CertainTeed‘s actual measured fugitive 

emissions from equipment leaks, because EPA estimated the 

emissions from equipment leaks by applying average emission 

factors instead of relying on actual measured data. The

commenter contended that because of these estimates, the EPA 

grossly overestimated the level of fugitive emission reductions. 

The commenter concluded that because of these overestimations, 

the cost of the proposed Equipment Leak GACT standards cannot be 

justified by the potential emission reductions.

Response: At proposal, we estimated baseline emissions and 

reductions for fugitive emissions from equipment leaks using the 

1995 EPA Protocol for Equipment Leak Emission Estimates. We 

agree with the commenter that the 1995 factors yield 

conservatively high estimates of actual emissions. As part of 

the technology review required by Section 112(d)(6) of the CAA, 

the EPA has developed new emission factors for equipment leaks 

that better represent fugitive emissions at chemical 

manufacturing processes and petroleum refineries. Emission 
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factors were developed using facility data from the 

Miscellaneous Organic NESHAP MACT floor development and the EPA 

Office of Air Quality and Planning Standards Protocol for 

Equipment Leak Emission Estimates. (Please refer to the 

memorandum in the docket titled Technology Review for Equipment 

Leaks, from Cindy Hancy, RTI International to Jodi Howard, EPA, 

dated November 7, 2011, for additional information regarding the 

development of new emission factors for equipment leaks.) 

Although the commenter provided annual fugitive emissions from 

equipment leaks for years 2007 through 2010, the commenter did 

not provide any equipment leak monitoring records, test reports, 

or additional documentation supporting their emission estimates. 

Therefore, we have chosen to estimate fugitive emissions using 

the updated emission factors for consistency across all PVCPU.

Using updated emission factors and equipment counts provided by 

CertainTeed where available, we have updated the baseline 

emission estimate for fugitive HAP emissions from equipment 

leaks at the CertainTeed facility to 10 tpy. We have also 

updated our emissions reduction estimate to 4.64 tpy of HAP as a 

result of the facility complying with 40 CFR Part 63, Subpart 

UU.

We have also updated the total capital investment and total 

annualized costs of the CertainTeed facility complying with 
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Subpart UU and installing and operating a pressure relief device 

monitoring system using equipment counts where provided by the 

facility. The analysis is documented in the memorandum titled 

Cost and Emission Reductions of the Area Source Level of Control 

for the Promulgated Polyvinyl Chloride and Copolymers (PVC) 

Production Source Category and is in the PVC docket. The total 

cost effectiveness is estimated to equal $6,840 dollars per ton 

of total HAP; therefore, we are finalizing the requirements for 

area sources to comply with 40 CFR part 63, subpart UU and 

install and operate a pressure relief device monitoring system.

I. Definitions

The following definitions have been revised since the 

proposal: Batch process vent, conservation vent, continuous 

process vent, grade, in HAP service, operating scenario, 

polyvinyl chloride, polyvinyl chloride and copolymers production 

process unit or PVCPU, polyvinyl chloride copolymer, pressure 

relief device, process vent, solution process, type of resin and 

wastewater.

We have revised the definition of batch process vent to 

provide consistency with our revisions to the definitions of 

continuous process vent and process vent and to clarify that 

batch process vents must be routed to a closed vent system and 

control device. We also clarify that all emission episodes 
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associated with a batch unit operation are part of the batch 

process vent. We have also removed language from the definition 

that excluded certain types of vents or vents from certain 

components or equipment. In the final rule, batch process vent

means a vent from a batch operation from a PVCPU through which a 

HAP-containing gas stream has the potential to be released to 

the atmosphere except that it is required by this subpart to 

routed to a closed vent system and control device. Emissions for 

all emission episodes associated with the unit operation(s) are 

part of the batch process vent. Batch process vents also include 

vents with intermittent flow from continuous operations. 

Examples of batch process vents include, but are not limited to, 

vents on condensers used for product recovery, polymerization 

reactors and process tanks.

We have revised the definition of conservation vent to 

provide additional clarification. In the final rule, 

conservation vent means an automatically operated (e.g., weightloaded or spring-loaded) safety device used to prevent the 

operating pressure of a storage vessel from exceeding the 

maximum allowable working pressure of the process component. 

Conservation vents must be designed to open only when the 

operating pressure of the storage vessel exceeds the maximum 

allowable working pressure of the process component. 
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Conservation vents open and close to permit only the intake or 

outlet relief necessary to keep the storage vessel within 

permissible working pressures, and reseal automatically.

We have revised the definition of continuous process vent

to provide consistency with our revisions to the definitions of 

batch process vent and process vent. We also clarify that 

continuous process vents must be routed to a closed vent system 

and control device. In the final rule, continuous process vent

means a vent from a continuous PVCPU operation through which a 

HAP-containing gas stream has the potential to be released to 

the atmosphere, except that it is required by this subpart to 

routed to a closed vent system and control device and has the 

following characteristics: 

(1) The gas stream originates as a continuous flow from any 

continuous PVCPU operation during operation of the PVCPU.

(2) The discharge into the closed vent system and control 

device meets at least one of the following conditions:

(i) Is directly from any continuous operation.

(ii) Is from any continuous operation after passing solely 

(i.e., without passing through any other unit operation for a 

process purpose) through one or more recovery devices within the 

PVCPU.
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(iii) Is from a device recovering only mechanical energy 

from a gas stream that comes either directly from any continuous 

operation or from any continuous operation after passing solely 

(i.e., without passing through any other unit operation for a 

process purpose) through one or more recovery devices within the 

PVCPU.

We have revised the definition of grade to specify resin 

―type‖ instead of resin ―classification‖ since resins are first 

classified by type, and types are further subdivided into 

grades. We have also provided an example of a resin grade. In

the final rule, grade means the subdivision of PVC resin which 

describes it as a unique resin, i.e., the most exact description 

of a type of resin with no further subdivision. Examples include 

low molecular weight suspension resins and general purpose 

suspension resins.

We have revised the definition of in HAP service to clarify 

that for the purposes of the definition, the term ―organic HAP,‖ 

as used in 40 CFR 63.180(d), means HAP. In the final rule, in 

HAP service means that a process component either contains or 

contacts a liquid that is at least 5-percent HAP by weight or a 

gas that is at least 5 percent by volume HAP, as determined 

according to the provisions of 40 CFR 63.180(d). For the 

purposes of this definition, the term ―organic HAP,‖ as used in 
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40 CFR 63.180(d), means HAP. The provisions of 40 CFR 63.180(d) 

also specify how to determine that a process component is not in 

HAP service.

We have revised the definition of polyvinyl chloride to 

clarify that it includes homopolymers and copolymers. In the 

final rule, polyvinyl chloride means either polyvinyl chloride 

homopolymer or polyvinyl chloride copolymer.

We have revised the definition of a PVCPU to remove 

components that are storage tanks or vessels, heat exchange 

systems, wastewater and wastewater collection and treatment 

systems, and add surge control vessels and instrumentation 

systems. Multiple PVCPU may be located at the same affected 

source and share storage tanks, heat exchange systems and 

process wastewater treatment systems. Therefore this shared 

equipment has been removed from the definition of a PVCPU and is 

now included in the definition of the affected source instead of 

the PVCPU. In the final rule, polyvinyl chloride and copolymers 

production process unit or (PVCPU) means a collection of process 

components assembled and connected by hard-piping or duct work, 

used to process raw materials and to manufacture polyvinyl 

chloride and/or polyvinyl chloride copolymers. A PVCPU includes, 

but is not limited to, polymerization reactors; resin stripping 

operations; resin blend tanks; resin centrifuges; resin dryers; 
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resin product separators; recovery devices; reactant and raw 

material charge vessels and tanks, holding tanks, mixing and 

weighing tanks, and final resin product storage tanks or storage 

silos; finished resin product loading operations; surge control 

vessels; connected ducts and piping; equipment including pumps, 

compressors, agitators, pressure relief devices, sampling 

connection systems, open-ended valves or lines, valves and 

connectors and instrumentation systems. A PVCPU does not include 

chemical manufacturing process units, as defined in §63.101, 

that produce vinyl chloride monomer or other raw materials used 

in the PVC polymerization process.

We have revised the definition of polyvinyl chloride 

copolymer to clarify that polyvinyl chloride copolymers can also 

be produced using a suspension blending process. In the final 

rule, polyvinyl chloride copolymer means a synthetic 

thermoplastic polymer that is derived from the simultaneous 

polymerization of vinyl chloride and another monomer, such as 

vinyl acetate. Polyvinyl chloride copolymer is produced by 

different processes, including, but not limited to, suspension, 

dispersion/emulsion, suspension blending and solution processes.

We have revised the definition of pressure relief device to 

remove the condition that devices actuated either by a pressure 

of less than or equal to 2.5 pounds per square inch gauge or by 
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a vacuum are not pressure relief devices. In the final rule, 

pressure relief device means a safety device used to prevent 

operating pressures from exceeding the maximum allowable working 

pressure of the process component. A common pressure relief 

device is a spring-loaded pressure relief valve.

We have revised the definition of process vent to provide 

consistency with our revised definitions of batch process vent 

and continuous process vent and miscellaneous vent. In the final 

rule, process vent means a vent stream which is the result of 

the manifolding of each and all batch process vent, continuous 

process vent or miscellaneous vent resulting from the affected 

facility into a closed vent system and into a common header 

which is routed to a control device. The process vent standards 

apply at the outlet of the control device. A process vent is 

either a PVC-only process vent or a PVC-combined process vent.

We have revised the definition of solution processes to 

specify that the process produces a polyvinyl chloride copolymer 

instead of only a polyvinyl chloride resin. In the final rule, 

solution process means a process for producing polyvinyl 

chloride copolymer resin that is characterized by the anhydrous 

formation of the polymer through precipitation. Polymerization 

occurs in an organic solvent in the presence of an initiator 

where VCM and co-monomers are soluble in the solvent, but the 
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polymer is not. The PVC copolymer is a granule suspended in the 

solvent, which then precipitates out of solution. Emulsifiers 

and suspending agents are not used in the solution process. 

Copolymer resins produced using the solution process are 

referred to as solution resins.

At proposal, we defined a surge control vessel as part of 

any continuous operation. However, based on industry comments, 

gasholders meet the definition of a surge control vessel 

although gasholders may receive and introduce material into 

batch processes in addition to continuous processes. Therefore, 

we have modified the definition of a surge control vessel to 

reflect the definition in 40 CFR part 63, subpart H and remove 

the specification that surge control vessels must be used as 

part of a continuous operation and introduce material into 

continuous operations. We have, however, modified the definition 

from 40 CFR part 63, subpart H, to specify that surge control 

vessels are used within an affected source (and not solely a 

process unit) since PVCPU may share gasholders. In the final 

rule, surge control vessel means feed drums, recycle drums and 

intermediate vessels used as a part of any continuous operation. 

Surge control vessels are used within an affected source when 

in-process storage, mixing or management of flow rates or 

volumes is needed to introduce material into continuous 
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operations. Surge control vessels also include gasholders. 

We have revised the definition of type of resin to include 

additional resin types identified by commenters after proposal, 

specifically blending types of resin. In the final rule, type of 

resin means the broad classification of resin referring to the 

basic manufacturing process for producing that resin, including, 

but not limited to, suspension, dispersion/emulsion, suspension 

blending, bulk and solution processes. 

We have revised the definition of wastewater to mirror 

definitions in other chemical sector rules, such as the HON, for 

consistency as several facilities are currently subject to 

multiple wastewater provisions. We have also specified what is 

not considered wastewater. In the final rule, wastewater means 

process wastewater and maintenance wastewater. The following are 

not considered wastewater for the purposes of this subpart:

(1) Stormwater from segregated sewers;

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

testing of such systems;

(3) Spills;

(4) Water from safety showers;

(5) Samples of a size not greater than reasonably 

necessary for the method of analysis that is used;

(6) Equipment leaks;
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(7) Wastewater drips from procedures such as disconnecting 

hoses after cleaning lines; and

(8) Noncontact cooling water.

The following definitions have been added to the final 

rule: gasholder, heat exchanger exit line, maintenance 

wastewater, miscellaneous vent, polyvinyl chloride homopolymer, 

process wastewater, process wastewater treatment process, PVCcombined process vent, PVC-only process vent, suspension 

blending process, table 10 HAP, total non-vinyl chloride HAP and 

wastewater stream.

We have added a definition for polyvinyl chloride 

homopolymers to distinguish between homopolymers and copolymers. 

During the comment period, industry provided additional resin 

data distinguishing homopolymers and copolymers and is based 

largely on the proposed definition for polyvinyl chloride. For 

reasons discussion in section V.D of this preamble, we have set 

limits for five subcategories of resin, including copolymers. 

Therefore, the new definitions are necessary to distinguish 

between homopolymers and copolymers. The definitions are based 

on the information provided in comments. In the final rule, 

polyvinyl chloride homopolymer means a synthetic thermoplastic 

polymer that is derived from the polymerization of vinyl 

chloride and has the general chemical structure (-H2CCHCl-)n. 
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Polyvinyl chloride homopolymer is typically a white powder or 

colorless granule. Polyvinyl chloride homopolymers are produced 

by different processes, including, but not limited to, 

suspension, dispersion/emulsion, blending and bulk processes.

At proposal, we did not set separate limits for suspension 

blending resins. During the comment period, industry provided 

additional resin data regarding suspension blending resins. As 

described in section V.D of this preamble, we have set limits 

for five types of resin, including suspension blending. 

Therefore, a definition to distinguish suspension blending 

resins from other resin types is necessary. The definition is 

based on the information provided in comments. In the final 

rule, suspension blending process means a process for producing 

polyvinyl chloride resin that is similar to the suspension 

polymerization process, but employs a rate of agitation that is 

significantly higher than the highest range for non-blending 

suspension resins. The suspension blending process uses a recipe 

that creates extremely small resin particles, generally equal to 

or less than 100 microns in size, with a glassy surface and very 

little porosity. The suspension blending process concentrates 

the resins using a centrifuge that is specifically designed to 

handle these small particles. Polyvinyl chloride resins produced 

using the suspension blending process are referred to as 
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blending resins and are typically blended with dispersion 

resins. 

At proposal, we did not subcategorize process vents. For 

the final rule, we are subcategorizing process vents into PVConly and PVC-combined vents for reasons discussed in section V.D 

of this preamble. Therefore, it is necessary to distinguish 

between the two process vent subcategories. In the final rule, 

PVC-only process vent means a process vent where the process 

vent streams from a PVC manufacturing process are not combined 

with process vent streams originating from a non-PVC process 

prior to being controlled or emitted to the atmosphere. In the

final rule, PVC-combined process vent means a process vent where 

the process vent streams from a PVC manufacturing process are

combined with process vent streams originating from a non-PVC 

process prior to being controlled or emitted to the atmosphere 

(e.g., PVC and EDC/VCM vents, PVC and pharmaceutical production

vents). 

At proposal, we did not have information on gasholders and 

did not propose standards for them. Following proposal, industry 

provided comment on control options and cost information for 

gasholders and we have included requirements for gasholders in 

the final rule. Therefore it was necessary to add a definition 

for gasholders to the final rule. The definition is based on 
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information provided in comments. In the final rule, gasholder 

means a surge control vessel that primarily consists of a bell 

that is floating in a vessel filled with water and is used to 

store gases from the PVC production process prior to being 

recovered or sent to a process vent control device. The bell 

rises and lowers as low-pressure gases enter and leave the space 

beneath the bell and the water provides a seal between the 

enclosed gas within the floating bell and the ambient air.

At proposal, we did not define maintenance wastewater, but 

instead, required that all wastewater be subject to the same 

proposed provisions. We received comments from industry 

contending that quantifying a concentration to establish 

compliance for maintenance wastewater would be extremely 

difficult if not impossible because maintenance activities are 

highly variable. Industry also noted that HAP are minimized in 

maintenance wastewater by requiring that components meet 

applicable opening standards before the introduction of water 

for cleaning. The final rule includes provisions that address 

process and maintenance wastewater separately; therefore, we 

have added definitions for maintenance wastewater and process 

wastewater to the final rule. The definitions are based on those 

provided in the HON, because the wastewater streams are similar 

and, in some cases, they are co-located. In the final rule,
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maintenance wastewater means wastewater generated by the 

draining of process fluid from components in the PVCPU into an 

individual drain system prior to or during maintenance 

activities. Maintenance wastewater can be generated during 

planned and unplanned shutdowns and during periods not

associated with a shutdown. Examples of activities that can 

generate maintenance wastewaters include descaling of heat 

exchanger tubing bundles, cleaning of distillation column traps, 

draining of low legs and high point bleeds, draining of pumps 

into an individual drain system and draining of portions of the 

PVCPU for repair. In the final rule, process wastewater means 

water that comes into direct contact with HAP or results from 

the production or use of any raw material, intermediate product, 

finished product, by-product or waste product containing HAP, 

but that has not been discharged untreated as wastewater. 

Examples are product tank drawdown or feed tank drawdown; water 

formed during a chemical reaction or used as a reactant; water 

used to wash impurities from organic products or reactants; 

water used to cool or quench organic vapor streams through 

direct contact; water discarded from a control device; and 

condensed steam from jet ejector systems pulling vacuum on 

vessels containing organics. Gasholder seal water is not process 

wastewater until it is removed from the gasholder.
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In the final rule, wastewater stream means a stream that 

contains only wastewater as defined in this section.

Also in the final rule, table 10 HAP means a HAP compound 

listed in table 10 of final rule. Total non-vinyl chloride HAP

means, for the purposes of this subpart, the sum of the measured 

concentrations of each table 10 compound as calculated according 

to the procedures specified in 40 CFR 63.11960(e) and 40 CFR 

63.11980(b).

J. Cost and emission impacts

Comment: Three commenters expressed concern that costs for 

PRD are greatly underestimated. One commenter estimated that 

retrofitting existing PRD with release indicators will cost 

$5,000 per PRD. The commenter stated that these costs include 

the actual measurement device itself, installation labor, wiring 

back to the control room, input/output cards in distributed 

control system (DCS) and initial configuration (programming) of 

the DCS for alarms, logging, etc. The commenter stated that with 

two facilities each containing over 100 PRD the total cost would 

be over $1,000,000 to retrofit. Another commenter also cited an 

estimate of $5,000 if a wireless pressure monitoring device is 

used, or $10,000 per PRD if a more substantial flow monitoring 

device is needed. The commenter estimated the cost for its three 

facilities with 393 total PRD would range from $1,965,000 to 
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$3,930,000 to retrofit. A third commenter estimated a cost of 

$10,000 to retrofit each PRD, accounting for installation and 

integration into the process control system. With approximately 

200 PRD at a facility, the commenter estimated a total cost of 

$2,000,000. One commenter also noted that if the EPA is 

requesting pressure switches between the rupture discs and the 

safety valves, this is ―relatively‖ easy to accomplish because 

it would require the instrument, communication wiring, and a 

small amount of piping. This commenter also requested that the

EPA make it clearer whether flow indication or pressure 

indication is required in the proposed rule. Additionally, one 

commenter stated that multiple systems for release indication 

already exist within PVC operations.

One commenter expressed concern about bypass flow indicator 

costs. The commenter stated that a conservative estimate to 

install bypass flow indicators is similar to that for flow 

indication on PRD, approximately $5,000 per open ended line. 

Considering there are hundreds of such lines, the commenter 

indicated that installation cost could exceed $1,000,000 per 

facility.

Response: The EPA maintains that the capital cost estimate 

of $188,900 and annual cost estimate of $26,900 per facility is 

appropriate. Although commenters provided cost estimates for 
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particular facilities, cost estimates were not provided for all 

facilities. Therefore, we must estimate costs for all facilities 

using a consistent methodology. We developed our cost estimate 

for electronic PRD monitoring systems using the ―Proposed 

Amended Rule 1173 – Control of Volatile Organic Compound Leaks 

and Releases from Components at Petroleum Facilities and 

Chemical Plants,‖ from the South Coast Air Quality Management 

District. Other commenters have stated that most PVC plants 

―typically have rupture discs installed below relief valves that 

discharge to the atmosphere, and monitor the space between the 

rupture disc and the PRD for leaks on a routine basis using a 

local pressure indicator and log this information for safety 

purposes. The EPA maintains that a facility must use a monitor 

to indicate an emission release to the atmosphere; the type of 

indicator is left to the facility.

Comment: Several commenters took issue with the cost 

estimates related to resin stripping. The commenters stated that

current technology will not allow facilities to meet the resin 

limits and indicated that it will be necessary to develop new 

technology and the associated costs will be much greater than 

the current EPA stripped resin cost estimate. One commenter 

stated that millions of dollars will be required to develop the 

technology and install equipment. Commenters contended that 
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improvements in PVC resin stripping beyond that which can be 

achieved to meet new MACT floor HAP concentrations are not 

feasible due to thermal degradation of PVC resins with elevated 

heat histories (combination of higher temperatures and residence 

times). One commenter added that steam is one of many components 

in the resin stripping process, but it cannot be used as the 

sole or primary control technique without seriously degrading 

the resin product. Commenters indicated that some types and 

grades of resin are sensitive to heat history such as that 

incurred by steam stripping and that color and heat stability 

can be negatively impacted by excess heat history. Several 

commenters disagreed with the EPA‘s conclusion that PVCPU would 

only need to use additional steam in existing equipment to strip 

resin to comply with the proposed vinyl chloride and total HAP 

emission limits. Commenters also indicated that the 

effectiveness of certain types of stripping technologies is not 

increased by the addition of steam above energy balance 

requirements. Another commenter added that PVC resins, some 

types and grades more than others, are sensitive to heat such as 

that incurred by steam stripping. One commenter stated that the 

EPA offered no substantiation for the claim that more steam in 

existing equipment would provide for anything more than 

negligible reductions in vinyl chloride and HAP levels in 
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stripped resin. The commenter added that two of the major 

licensors of PVC resin stripping technology have said they would 

not guarantee new equipment, let alone existing equipment, could 

meet the proposed limit of 0.48 ppmw of vinyl chloride for all 

resins. Commenters indicated that for some PVC grades, a 

significant column retrofit or replacement would be necessary to 

meet more stringent resin limits.

Response: For the final rule, we revised the methodology 

used to estimate cost impacts for stripped resin based on the 

comments and additional cost data provided by commenters. For 

the proposed rule, costs of affected sources meeting the 

proposed concentration standards for stripped resins were 

estimated by calculating the amount of additional steam required 

to strip vinyl chloride and total HAP to the proposed 

concentration standards. Based on comments and information 

provided by commenters, we agree that costing additional steam 

may not be the appropriate control technique to meet the 

stripped resin limits. For the final rule, we estimated costs of 

affected sources demonstrating compliance with the final 

stripped resin concentration standards by calculating the cost 

of installing a new resin stripper, based on information 

provided by commenters. We did not include annual costs other 

than the amortized capital investment since affected sources 
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must currently pay for the operation and maintenance of their 

current resin strippers. Additionally, we have revised MACT 

floor calculations as discussed in section V.E.2 of this 

preamble. The revised MACT floor and impacts analyses show that 

one facility will not be able to meet the final limits. Based on 

information received during the public comment period, we

estimate the one facility not able to meet the final limits will 

be required to install a new resin stripper with a total capital 

cost of $10 million and a total incremental annual cost of 

$944,000 per year.

Comment: Several commenters expressed concern with the 

costs imposed by wastewater compliance requirements. One 

commenter contended that requiring monthly sampling for HAP in 

wastewater will impose undue hardship on facilities when they 

are required to perform continuous monitoring of stripper 

operating levels as well. This commenter estimated an additional 

$65,000 per year from the monthly sampling. Another commenter 

stated that due to the low wastewater vinyl chloride limit, the 

cost for controls will be much higher. The commenter added that 

simply adding steam will be insufficient and that it will be 

necessary to replace the stripper at a cost of $3,400,000 with 

annual operating costs of $636,000. One commenter recommended 

that the HAP control requirements (testing, sampling, etc.) 
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should be removed from the wastewater rule since no emission 

benefit is achieved.

Response: Similar to our decision for stripped resins in

the final rule, we have removed all requirements for continuous 

parametric monitoring of wastewater strippers. The requirements 

to conduct periodic sampling for vinyl chloride and total nonvinyl chloride HAP are sufficient to assure compliance with the 

stripped resin limits. We have also established a revised limit 

for total non-vinyl chloride HAP from process wastewater. 

Monthly sampling and analysis for total non-vinyl chloride HAP 

is necessary to ensure that the limits are being met on a 

continuous basis. We have also substantially reduced the burden 

on facilities by only requiring re-analysis of untreated streams 

once per year to ensure that those streams are below the process 

wastewater limits and that they do not require treatment. These 

changes have significantly reduced the burden of the final rule.

K. Economic Impacts

Comment: Several commenters expressed concern with the 

economic ramifications of the proposed rule to PVC producers and 

consumers. The commenters stated that the EPA did not adequately 

quantify the effect to the entire PVC supply chain when 

considering the rule and that as a result many hardships and 

changes will occur. Commenters contended that impacts will be 
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cascaded down the supply chain and increase cost of doing 

business. One commenter encouraged the agency to review and 

carefully consider these impacts in light of the Obama 

Administration‘s Executive Order #13563, which calls for review 

and revision of regulations that stifle job creation and 

economic growth. . 

Commenters argued the PVC MACT will impact a company‘s 

competitiveness in the global market, where overseas PVC 

producers are not subject to such stringent regulations. One 

commenter expressed concern with the impact on construction of 

new plants; the proposed PVC rule will pose a significant 

deterrent to any company that considers citing new or 

reconstructed PVC manufacturing in the United States causing 

additional harm to the economy. Several commenters expressed 

concern that if enacted without significant revision, the PVC 

rule will result in the closure of several plants in the U.S.

One commenter representing the chlor-alkali industry 

provided an example of how the PVC rule will impact related 

industries. The commenter stated that as currently proposed

compliance by U.S. PVC manufacturing facilities with the MACT 

will cause a 4-percent - 8-percent reduction in demand in the 

domestic chlorine market. Based on average industry pending 
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patterns and labor-output ratios, in total, between 3,300 and 

6,600 jobs are at risk.

Commenters expressed concern regarding the economic impacts 

to several industries, including: the wallcovering industry, the

vinyl flooring industry, resilient flooring operations, pipe 

applications, and the vinyl siding products industry.

Several commenters contended that the PVC rule would result 

in loss of performance characteristics and cost increases due to 

discontinuation and substitution of a different quality or type 

of resin for a previously formulated material, engineering 

changes, such as retooling or the necessary investment in new or 

replacement equipment due to the different types or qualities of 

resin and different formulations, and loss of time as new 

formulations may take years to develop and refine for their 

intended application. The commenters contended that over 100 

types and grades of PVC resins will be affected resulting in 

significant impact on how compounders, converters and 

fabricators operate, potentially changing product performance or 

raising costs. Other Two commenters stated that the net cost to 

consumers in the United States and Canada for the substitution 

of alternative materials for the PVC-based products that they 

currently use would be almost $17.7 billion dollars per year, 

plus an additional $5.6 billion in new investment to manufacture 
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the incremental volume of substitute material and an associated 

$2.8 billion per year in capital recovery charges (Details for 

numbers are in the document, The Economic Benefits of Polyvinyl 

Chloride in the United States and Canada, released by the 

American Chemistry Council and The Vinyl Institute in 2008). 

Several commenters expressed concern that imposing overly 

stringent requirements on PVC resin manufacturers will 

significantly increase imports from foreign sources and result 

in less domestic competition.

Response: The final rule contains several revisions that 

reduce the cost of the final rule by 75 percent from proposal. 

These revisions are discussed in section VI of this preamble. 

Additionally, we have revised subcategories and the MACT floor 

calculation for stripped resins resulting in revised limits for 

stripped resins. These changes result in stripped resin limits 

that are achievable by 15 out of 16 sources without installation 

of additional controls. Based on information received during the 

public comment period, the EPA estimates the one facility not 

able to meet the final stripped resin limits for major sources 

will be required to install a new resin stripper with a total 

capital cost of $10 million and an incremental annual cost of 

$944,000 per year. As a result, the final rule does not impose 

significant burden on affected sources. The commenters also did 
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not supply any data or analysis to justify their assertions 

regarding potential plant closures, negative employment impacts, 

reduction in demand for chlorine, negative effects on the PVC 

supply chain, possible increases in imports or other economic 

harm. 

Comment: One commenter expressed concern with the lack of 

consideration given to small businesses. The commenter stated 

that the EPA‘s Economic Impact Analysis identified only eight 

companies affected by the proposed rule. The commenter added 

that because all eight of these companies have more than 1,500 

employees and annual revenues above $2 billion, the EPA 

certified the proposed rule and declared no significant economic 

impact on a substantial number of small entities. As such, no 

regulatory flexibility analysis was prepared by the agency. 

However, the commenter contended, the EPA did not host any 

―SBREFA panels‖ prior to reaching this conclusion, preventing 

the small business community from providing relevant input on 

the proposed rule‘s impacts. The commenter stated that there 

will be higher costs due to the PVC MACT which could be passed 

along the supply chain in the form of higher prices to 

customers, many of whom may be small businesses and less able to 

absorb regulation-induced price increases. The commenter 

concluded that the EPA should amend its analysis to investigate
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the secondary effect of the regulation on small businesses down 

the supply chain.

Response: The analysis of impacts on small entities called 

for by the Regulatory Flexibility Act (RFA), as amended by the 

Small Business Regulatory Enforcement Fairness Act (SBREFA), is 

to cover small entities directly affected by a rule. The RFA 

does not require indirect or secondary impacts to be included in 

a small entity analysis. This is consistent with the EPA‘s 

interpretation of the RFA as amended by SBREFA. Only rules that 

will have a direct significant adverse economic impact on a 

substantial number of small entities that are subject to the 

rule require an Initial Regulatory Flexibility Analysis (IRFA)

or Final Regulatory Flexibility Analysis (FRFA) (see 5 U.S.C. 

sections 603-605).

L. Affirmative defense

Comment: Several commenters opposed the EPA‘s affirmative 

defense requirements. One commenter contended it is unlawful and 

arbitrary because, although the EPA has eliminated its 

compliance exemption for periods of startup, shutdown and 

malfunction, the agency‘s final rule includes an ―affirmative 

defense to penalties that purports to bar courts from imposing 

any penalties on sources that violate their emission standards 

during a malfunction and satisfy certain agency created 
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conditions related to preventing malfunctions and controlling 

malfunction emissions.‖ This commenter contended that in this 

proposal, the EPA acts outside of its delegated authority to 

limit civil penalties available in citizen suits or its own 

enforcement actions, and the proposal will impermissibly chill 

citizen participation and the ability to win an effective, 

deterrent remedy in CAA enforcement actions. The commenter added 

that the affirmative defense would likely be used on a routine 

basis by polluters seeking to avoid penalties, imposing a 

technical burden on citizens seeking civil penalties against 

polluters.

Another commenter opposed incorporating affirmative defense 

penalties into regulations. The commenter stated that the EPA 

has discretion to decide what cases to prosecute, to consider 

settlements and to request civil penalties in a case-by-case 

manner, as long as it acts consistent with the CAA to protect 

clean air as its top priority and, thus, the commenter believes 

that promulgating this affirmative defense will allow polluters 

to claim that any violation of the standard is due to a 

malfunction in order to evade the requirements. 

Another commenter requested that if affirmative defense is 

promulgated, the EPA specify the amount of compensatory damages 

should apply to each malfunction, modify the rule so that 
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affirmative defense cannot be used by a specific facility or 

company more than once within a set period of time, and require 

public reporting of malfunctions or emissions exceedences.

Response: The EPA included an affirmative defense in the 

final rule in an attempt to balance a tension inherent in many 

types of air regulation to ensure adequate compliance, while 

simultaneously recognizing that despite the most diligent of 

efforts, emission limits may be exceeded under circumstances 

beyond the control of the source. The EPA must establish 

emission standards that ―limit the quantity, rate, or 

concentration of emissions of air pollutants on a continuous 

basis.‖ 42 U.S.C. §7602(k) (defining ―emission limitation and 

emission standard‖). See generally Sierra Club v. EPA, 551 F.3d 

1019, 1021 (D.C. Cir. 2008) Thus, the EPA is required to ensure 

that CAA section 112 emissions limitations are continuous. The 

affirmative defense for malfunction events meets this 

requirement by ensuring that even where there is a malfunction, 

the emission limitation is still enforceable through injunctive 

relief. While ―continuous‖ limitations, on the one hand, are 

required, there is also caselaw indicating that in many 

situations it is appropriate for the EPA to account for the 

practical realities of technology. For example, in Essex 

Chemical v. Ruckelshaus, 486 F.2d 427, 433 (D.C. Cir. 1973), the 
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District of Columbia Circuit acknowledged that in setting 

standards under CAA section 111 ―variant provisions‖ such as 

provisions allowing for upsets during startup, shutdown and 

equipment malfunction ―appear necessary to preserve the 

reasonableness of the standards as a whole and that the record 

does not support the  ̳never to be exceeded‘ standard currently 

in force.‖ See also, Portland Cement Association v. Ruckelshaus, 

486 F.2d 375 (D.C. Cir. 1973). Though intervening caselaw such 

as Sierra Club v. EPA and the CAA 1977 amendments undermine the 

relevance of these cases today, they support the EPA‘s view that 

a system that incorporates some level of flexibility is 

reasonable. The affirmative defense simply provides for a 

defense to civil penalties for excess emissions that are proven 

to be beyond the control of the source. By incorporating an 

affirmative defense, the EPA has formalized its approach to 

upset events. In a Clean Water Act setting, the Ninth Circuit 

required this type of formalized approach when regulating 

―upsets beyond the control of the permit holder.‖ Marathon Oil 

Co. v. EPA, 564 F.2d 1253, 1272-73 (9th Cir. 1977). But, see, 

Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1057-58 (D.C. Cir. 

1978) (holding that an informal approach is adequate). The 

affirmative defense provisions give the EPA the flexibility to 

both ensure that its emission limitations are ―continuous‖ as 
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required by 42 U.S.C. §7602(k), and account for unplanned upsets 

and thus support the reasonableness of the standard as a whole.

M. Beyond-the-Floor Analyses

At proposal, we determined that the control technologies 

that would be needed to achieve the proposed MACT floor levels 

for process vents are generally the most effective controls 

available for reducing vinyl chloride, HCl, total organic HAP 

and CDD/CDF; therefore, we did not identify any beyond-the-floor 

options for process vents. For the final rule, as a beyond-thefloor option for process vents, we assessed the costs and 

emission reductions of existing major source facilities using 

enhanced vinyl chloride recovery (via a refrigerated condenser) 

to meet the new source MACT floor-based emission standards for 

process vents. Based on the results of this analysis, we 

determined it is not appropriate to go beyond-the-floor for 

process vents at existing and new major sources, considering the 

cost and emission reductions of this option. This analysis is 

discussed in the memorandum, Analysis of Beyond MACT Floor 

Controls for the Polyvinyl Chloride and Copolymers (PVC) 

Production Source Category.

For stripped resin at existing and new major sources, we 

analyzed the same beyond-the-floor option as at proposal, and 

determined it was not appropriate to go beyond-the-floor for 
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stripped resin at existing and new major sources considering the 

cost and emission reductions of this option. 

For equipment leaks, we analyzed a beyond-the-floor option 

at existing sources of complying with 40 CFR part 63, subpart UU 

level 2, instead of the MACT floor level of control, compliance 

with 40 CFR part 61, subpart V. Based on the results of the 

analysis, which are presented in Tables 16 and 18 of this 

preamble, we determined that it is appropriate that MACT for 

equipment leaks at existing and new major sources require

compliance with 40 CFR part 63, subpart UU level 2, considering 

the cost and emission reductions of this option. The MACT floor 

level of control for new sources, compliance with 40 CFR part 

63, subpart UU level 2, was identified as the most effective 

control of emissions from equipment leaks. Therefore, no beyondthe-floor HAP emission reduction approaches were identified for 

equipment leaks at new major sources. This analysis is discussed 

in section VI.A and VI.B of this preamble and in the memorandum, 

Analysis of Beyond MACT Floor Controls for the Polyvinyl 

Chloride and Copolymers (PVC) Production Source Category.

For heat exchange systems, we determined that the final 

leak action level and monitoring interval are generally the most 

effective LDAR program to control emissions from heat exchange 
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systems. Therefore, no beyond-the-floor options were identified 

for heat exchange systems at existing or new major sources. 

At proposal and for the final rule, we determined it is 

appropriate for storage vessels at existing and new major 

sources meeting specific vapor pressure and storage capacity 

parameters specified in 40 CFR part 60, subpart Kb to comply 

with the control requirements of 40 CFR part 63, subpart WW as a 

beyond-the-floor control considering cost and emission 

reductions. This analysis is discussed in section VI.A and VI.B 

of this preamble and in the memorandum, Analysis of Beyond MACT 

Floor Controls for the Polyvinyl Chloride and Copolymers (PVC) 

Production Source Category.

At proposal, we analyzed a beyond-the-floor option for 

wastewater of treating streams with HAP concentration greater 

than 1,000 ppmw (of 40 CFR part 63, subpart G, Table 9 HAP), and 

annual average flow rates greater than 10 liters per minute. In 

the final rule, we determined the MACT floor level of control 

for wastewater to includes concentration limits for total nonvinyl chloride HAP. Consequently, we analyzed a different 

beyond-the-floor options for wastewater, requiring all currently 

uncontrolled process wastewater (e.g., wastewater from scrubbers 

and heat exchange systems) to be conveyed to, and treated by, a 

wastewater stripping unit. Based on the results of this 
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analysis, we determined it is not appropriate to go beyond-thefloor for wastewater at existing and new major sources 

considering the cost and emission reductions of this option. 

This analysis is discussed in the memorandum, Analysis of Beyond 

MACT Floor Controls for the Polyvinyl Chloride and Copolymers 

(PVC) Production Source Category.

At proposal, we did not identify any beyond-the-floor 

options for gasholders; however, we did solicit comments on 

control options for gasholders. Based on the information 

provided in comments, for the final rule, we analyzed a beyondthe-floor option of minimizing fugitive emissions by requiring 

the use of floating objects on the surface of the water seal at 

existing and new sources. Based on the results of the analysis, 

which are presented in Tables 16 and 18 of this preamble, we 

determined that it is appropriate to require gasholders at 

existing and new major sources reduce their fugitive emissions 

by using floating objects on the surface of the water seal as a 

beyond-the-floor control, considering cost and emission 

reductions. This analysis is discussed in the memorandum,

Analysis of Beyond MACT Floor Controls for the Polyvinyl 

Chloride and Copolymers (PVC) Production Source Category.

VI. Impacts of the Final PVC Rules
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The impacts presented in this section include the impacts 

for PVC production facilities to comply with the final rules,

and with the requirements of other subparts referenced by the 

final rules.

A. What are the air impacts?

We have estimated the potential emission reductions that 

are expected to be realized through implementation of the final

rules. Table 16 of this preamble summarizes the emission 

reductions estimated for existing major sources. The table shows 

the emission reductions for each pollutant and emission point. 

Table 16 of this preamble also summarizes the emission 

reductions for the beyond the floor options selected for 

existing major sources (i.e., control of equipment leaks, 

storage vessels and gasholders). The major source analysis is 

documented in the memorandum, Costs and Emission Reductions of 

the MACT Floor Level of Control for the Promulgated Polyvinyl 

Chloride and Copolymers (PVC) Production Source Category. Table 

17 of this preamble summarizes the emission reductions estimated 

for existing area sources complying with GACT. The area source 

analysis is documented in the memorandum, Cost and Emission 

Reductions of the Area Source Level of Control for the 

Promulgated Polyvinyl Chloride and Copolymers (PVC) Production 

Source Category. Both memoranda are available in the docket. We 
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do not project any new major or area sources to be constructed 

in the five years following promulgation of the final rules; no 

emission reductions were calculated for new sources. The 

memoranda document emission reductions associated with model 

major and area sources complying with the new source 

requirements.

Table 16. Emission Reductions of the Final PVC and Copolymers 

Production Standards for Major Sources

Emission Point Pollutant Emission Reductions (tpy)

Vinyl 

Chloride

Total 

HAP

CDD/CDF 

(TEQ)

HCl

Major sources MACT floor

Process vents[a] 0.102 1.93 0.017 g/yr 21.4

Stripped resin 7.58 7.58 - -

Wastewater - - - -

Equipment leaks - - - -

Storage vessels - - - -

Other emission 

sources

- - - -

Heat exchange 

systems 101 101 - -

Major sources beyond the floor

Equipment Leaks - 85.0 - -

Storage vessels - - - -

Other emission 

sources-gasholders 22.0 22.0 - -

Major Source total 130 217 0.017 g/yr 21.4

a Emission reductions for process vents are stated as total 

organic HAP; this value does not include HCl reductions.

Table 17. Emission Reductions of the Final PVC and Copolymers 

Production Standards for Area Sources

Emission Point Vinyl Chloride 

(tpy)

Dioxin/Furan 

(g/yr) Total HAP (tpy)

Process vents 0 0 0

Heat exchange 

systems 15.1 0 15.1

Resins 0 0 0
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Wastewater 0 0 0

Equipment leaks 0 0 9.29

Other emission 

sources

0 0 0

We estimated emission reductions of the final rule for each 

emission point. For all emission points, we first calculated 

emissions at the current level of control for each facility 

(referred to as the baseline level of control), and at the MACT 

level of control selected for major sources and the GACT level 

of control selected for area sources. We calculated emission 

reductions as the difference between the final level and 

baseline. 

Major Sources

For process vents at major sources, we calculated baseline 

emissions from the measured HAP concentrations at the outlet of 

the control devices, and HAP emissions using the final emission 

limits, in combination with the vent stream flow rates measured 

during emission tests.

For stripped resins at major sources, we calculated 

emissions assuming that all the HAP remaining in the resin would 

eventually be emitted from processes downstream of the resin 

stripper. This assumption results in a calculation of the 

potential emissions at the baseline stripped resin concentration 

levels, and final MACT concentration levels. Emissions were 
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calculated from the HAP concentration in the stripped resin, and 

the resin production rate.

For wastewater at major sources, we estimated the emissions 

from the HAP concentration in the uncontrolled wastewater 

streams, the maintenance wastewater streams, and in the 

controlled wastewater streams, and the wastewater flow rates or 

generation rates.

For equipment leaks at major sources, we estimated 

emissions for the baseline LDAR program in use at each facility, 

and the final equipment leaks requirements using model equipment 

counts, average emission factors for leaking equipment and 

control efficiencies for LDAR programs developed as part of the 

technology review required by section 112(d)(6) of the CAA (see 

section V.H of this preamble for additional detail). Model 

equipment counts were used because actual equipment counts were 

not collected as part of our August 21, 2009, CAA section 114 

information collection request sent to the PVC industry. The 

survey requested information only on regulatory LDAR programs 

currently in place at each facility, and the costs for the 

facility to conduct the LDAR program.

For other emission sources, we estimated baseline emissions 

from gasholders using information provided by industry during 

the comment period. We estimated the emission reductions 
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associated with installing floating objects on gasholder water 

seals to reduce emissions of vinyl chloride from those seals, as 

a beyond the floor option, based on additional information 

provided by the PVC industry after the comment period. We 

calculated emissions from reactor openings from information 

provided in responses to our August 21, 2009, CAA section 114 

information collection request provided by affected sources.

We calculated emissions from heat exchange systems based on 

emissions information provided in the CAA section 114 survey 

responses provided by affected sources. Emission reductions from 

heat exchange systems were calculated assuming that, once the 

LDAR program was in effect, emissions would be eliminated due to 

the low leak action level that is being finalized.

Area Sources

For process vents, we calculated emissions from the 

concentration of HAP in the vent stream and the vent gas flow 

rates measured during emission tests. For process vents in the 

PVC-only subcategory, we calculated baseline emissions for the 

one area source in the subcategory from the measured HAP 

concentrations at the outlet of the control device. We did not 

select an option more stringent than the current emission level; 

therefore, there were no emission reductions calculated. For 

process vents in the PVC-combined subcategory, we calculated 
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baseline emissions for the one area source in the subcategory 

from the measured HAP concentrations at the outlet of the 

control Since the existing PVC-combined area source currently 

meets the GACT standards, we did not calculate a reduction of 

HAP emissions associated with meeting the GACT emission limits.

For stripped resins, emissions were calculated from the HAP 

concentration in the stripped resin, and the resin production 

rate. For the one existing area source in the suspension 

subcategory, we calculated emissions assuming that all the HAP 

remaining in the resin would eventually be emitted from 

processes downstream of the resin stripper. This assumption 

results in a calculation of the potential emissions at the 

stripped resin concentration levels the affected is currently 

achieving. Since the existing PVC area source in the suspension 

resin subcategory currently meets the GACT standard, no emission 

reductions were calculated. For the one existing area source in 

the bulk resins subcategory, we estimated emissions downstream 

of the resin stripper using emission rates submitted by the 

facility since resin produced by the bulk process does not go 

through downstream drying processes since the resin is in solid 

form after the polymerization process. 

For wastewater at existing area sources, we estimated the 

emissions from the HAP concentration in the uncontrolled 
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wastewater streams, the maintenance wastewater streams, and in 

the controlled wastewater streams, and the wastewater flow rates 

or generation rates.

For equipment leaks at existing area sources, we estimated 

emissions for the LDAR program in use at both area sources and 

emissions associated with complying with the GACT option. 

Emissions were calculated using a combination of facility 

provided and model equipment counts, average emission factors 

for leaking equipment and control efficiencies for LDAR programs 

developed as part of the technology review required by section 

112(d)(6) of the CAA (see section V.H of this preamble for 

additional detail). Model equipment counts were used for 

equipment types for which counts were not provided by the 

affected sources. The CAA section 114 survey requested 

information only on regulatory LDAR programs currently in place 

at each facility, and the costs for the facility to conduct the 

LDAR program; however, one facility provided some but not all 

equipment counts for which emissions were estimated.

For other emission sources, we calculated emissions from 

reactor openings from information provided in CAA section 114 

survey responses provided by affected sources.. The existing PVC 

area sources currently do not operate gasholders; therefore no 

emissions from gasholders were calculated for area sources. 
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We calculated emissions from heat exchange systems based on 

emissions information provided in the CAA section 114 survey 

responses provided by affected sources. Emission reductions from 

heat exchange systems were calculated assuming that, once the 

LDAR program was in effect, emissions would be eliminated due to 

the low leak action level that is being finalized.

B. What are the cost impacts?

We have estimated compliance costs for all existing sources 

to meet the sampling and testing requirements, add the necessary 

controls, monitoring devices, recordkeeping, and reporting 

procedures to comply with the final rules. Based on this 

analysis, we anticipate an overall total initial investment of 

$17.6 million for major sources and $478 thousand for area 

sources. We anticipate an associated total annual cost of $3.94

million for major sources and $150 thousand for area sources 

(using a discount rate of 7 percent), in 2010 dollars, as shown 

in Table 18 and Table 19 of this preamble. We do not anticipate 

the construction of any new PVCPU in the next 5 years, and, 

therefore, there are no new source cost impacts. Estimated 

impacts of the new area source requirements for a model facility 

are presented in the memoranda, Costs and Emission Reductions of 

the MACT Floor Level of Control for the Promulgated Polyvinyl 

Chloride and Copolymers (PVC) Production Source Category and 
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Cost and Emission Reductions of the Area Source Level of Control 

for the Promulgated Polyvinyl Chloride and Copolymers (PVC) 

Production Source Category, which are in the PVC docket.

Table 18. Cost Impacts of the Final PVC and Copolymers 

Production Standards for Existing Major Sources

Emission Point Total Initial Cost 

(million 2010$)a

Total Annual Cost 

(million 2010$/yr)b

Major sources MACT floor

Process vents 3.38 1.72

Stripped resin 10.1 1.13

Wastewater 0.081 0.165

Equipment leaks 2.87 0.469

Storage vessels 0.0165 0.0233

Other emission sources 0.0165 0.0233

Heat exchange systems 0.0466 0.152

Major sources beyond the floor

Equipment leaks 1.02 0.238

Storage vessels - -

Other emissions sourcesgasholders0.0750 0.0222

Major source total 17.6 3.94

a Total initial costs for facilities include the capital cost of control 

equipment, testing and monitoring, recordkeeping and reporting.

b Total annual costs include: annualized capital costs, annual cost to 

operate control equipment, testing and monitoring costs, recordkeeping and 

reporting costs, and repair costs.

Table 19. Cost Impacts of the Final PVC and Copolymers 

Production Standards for Existing PVC Area Sources

Emission Point Total Initial 

Cost (million$)

Total Annual 

Cost (million$)

Cost 

Effectiveness 

($/ton)

Process vents 0.0963a 0.0218b -

Heat exchange 

systems - 0.0172 1,139

Resins 0.00940 0.0212 -

Wastewater 0.00819 0.00198 -

Equipment 

leaksc 0.360 0.0635 6,840

Other emission 

sources

0.00220 0.00311 -
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Storage vessels 0.00220 0.00311 -

Area Source 

Total 0.478 0.150 -

a Total initial cost for process vents includes initial 

recordkeeping and reporting costs (which include year 1 annual 

costs) and initial process vent testing.

b Total annual costs for process vents include process vent 

testing and annual recordkeeping and reporting (starting in 

year 2). Process vent testing is required every 5 years 

following the initial test; therefore, annual testing costs 

have been divided by 5 to distribute costs evenly across the 5-

year period.

c Total initial costs for equipment leaks include capital costs 

associated with complying with 40 CFR part 63, subpart, the 

cost of an electronic pressure relief device (PRD) monitoring 

system and the initial recordkeeping and reporting 

requirements. Annual costs include operation of the PRD 

monitoring system, complying with subpart UU and annual 

recordkeeping and reporting costs. Emissions and reductions of 

VOC, volatile hazardous air pollutants (VHAP), and organic HAP, 

categorized as total HAP. Emissions, reductions and associated 

costs referenced from memorandum - Cindy Hancy, RTI, to Jodi 

Howard, EPA/OAQPS, dated November 10, 2011, subject: Technology 

Review for Equipment Leaks (draft format). Baseline emissions, 

reductions and costs are adjusted based on equipment counts 

provided by CertainTeed.

Major Sources

For major sources, we calculated costs to meet the final 

level of control for each emission point. For process vents, we 

estimated costs to meet the final level of control for PVCPU 

that do not currently meet the final emission limit, based on 

reported data. For such PVCPU that currently use thermal 

oxidizers in combination with acid-gas scrubbers, we estimate 

the cost of compliance through the use of enhanced vinyl 

chloride recovery using a refrigerated condenser to reduce the 
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quantity of vinyl chloride combusted to meet the vinyl chloride, 

HCl, CDD/CDF, and total organic HAP emission limits. For PVCPU 

that currently use an absorber for vinyl chloride recovery, cost 

calculations are based on routing the vent gas from the absorber 

to a refrigerated condenser for enhanced total organic HAP 

recovery. Costs calculations also include capital and annual 

costs for testing and monitoring of vinyl chloride, HCl, total 

organic HAP and CDD/CDF. 

For PVCPU not currently meeting the final stripped resin 

limits, costs to meet the final level of control are based on 

industry estimates for a new resin stripper resulting in greater 

removal of vinyl chloride and total HAP from the resin. Testing 

and monitoring costs are also included in the costs to meet the 

final level of control. All PVCPU are expected to meet the final 

wastewater stripper outlet concentration limit. Therefore, 

initial and annual costs consist of additional testing and 

monitoring required to demonstrate compliance with the final 

emission standards.

For equipment leaks, cost estimates previously developed by

the EPA were applied to each PVCPU that did not already meet the 

final level of control (i.e., 40 CFR part 63, subpart UU). The 

cost estimates include additional capital and annual cost

associated with facilities switching from compliance with 40 CFR 
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part 61, subpart V to 40 CFR part 63, subpart UU. We estimated 

additional capital and annual costs for a PRD indicator, based 

on data collected for other EPA projects. 

For other emission sources, we calculated costs for 

complying with the final, beyond the floor, level of control for 

gasholders. Capital cost estimates were based on data provided 

by industry at the request of the EPA following the comment 

period. Annual cost estimates were based on standard factors for 

costs such as amortization, maintenance, taxes and 

administration.

We calculated costs for complying with the final level for 

heat exchange systems, based on information collected for other 

EPA projects. 

The analysis is documented in the memorandum, Costs and 

Emission Reductions of the Final Standards for the Polyvinyl 

Chloride and Copolymers (PVC) Production Source Category, and is 

available in the docket.

Area Sources

For existing area sources, we calculated costs to meet the 

final level of control for each emission point. For each 

emission point, we estimated costs of the major source testing, 

monitoring and recordkeeping requirements. 
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For process vents in the PVC-only and PVC-combined 

subcategories, we did not select an option more stringent than 

the current emission level; therefore, there were no additional 

costs calculated. 

For the one existing area source in the suspension 

subcategory and the one existing area source in the bulk reins 

subcategory, we did not calculate any additional costs since 

both facilities meet the promulgated GACT standards. 

For wastewater at existing area sources, we did not 

estimate any additional costs since both facilities meet the 

promulgated GACT standards. 

For other emission sources, we did not estimate any 

additional costs since neither of the existing PVC area sources 

operate a gasholder. 

For equipment leaks, cost estimates previously developed by 

the EPA were applied to the existing area source PVCPU. The cost 

estimates include additional capital and annual cost associated 

with the facility switching from compliance with 40 CFR part 61, 

subpart V to 40 CFR part 63, subpart UU. We estimated additional

capital and annual costs for a PRD, based on data collected for

other EPA projects. 

We calculated costs for complying with the final level of 

control for heat exchange systems, based on information 
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collected for other EPA projects. The analysis is documented in 

the memorandum, Cost and Emission Reductions of the Area Source 

Level of Control for the Promulgated Polyvinyl Chloride and 

Copolymers (PVC) Production Source Category, and is available in 

the PVC docket.

C. What are the non-air quality health, environmental, and 

energy impacts?

Major Sources

We anticipate major affected sources will need to apply 

additional controls to meet the final emission limits. The 

energy impacts associated with meeting the final emission limits 

would consist primarily of additional electricity needs to run 

added or improved air pollution control devices. By our 

estimate, we anticipate that an additional 5,300 megawatt-hours 

per year would be required for the additional and improved 

control devices.

We anticipate secondary air impacts from major sources 

adding controls to meet the standards. The combustion of fuel 

needed to generate additional electricity would yield slight 

increases in nitrogen oxide (NOx) and sulfur dioxide (SO2) 

emissions. Since NOx and SO2 emissions and electric generating 

units are covered by capped emissions trading programs, we do 

not estimate an increase in secondary air impacts for these 
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pollutants for this rule from additional electricity demand. The 

analyses are documented in the memorandum, Secondary Impacts of 

the Final Level of Control for the PVC Production Source 

Category, available in the docket.

Area Sources

We do not anticipate the area affected sources will need to 

apply any additional controls with additional electricity or 

fuel requirements associated with meeting the final emission 

limits. Therefore, we have not estimated any additional 

secondary electricity generation of air impacts for area 

sources.

D. What are the economic impacts of the final standards?

We performed an economic impact analysis for PVC consumers 

and producers nationally, using the annual compliance costs 

estimated for this final rule. The impacts to producers affected 

by this final rule are annualized costs of less than 0.7 percent 

of their revenues, using the most current year available for 

revenue data. Demand and supply of PVC product is inelastic 

according to data included in the Economic Impact Analysis.

Based on this information, one can conclude that demand will 

respond less than 1:1 with a change in output price, and that 

supply is inelastic (i.e., will respond less than 1:1) with a 

change in output price. Hence, based on these results and data, 
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the overall economic impact of this final rule on the affected 

industries and their consumers should be low. For more 

information, please refer to the [Economic Impact Analysis] for 

this final rule that is in the docket (EPA-HQ-OAR-2002-0037).

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review and 

Executive Order 13563: Improving Regulation and Regulatory 

Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), 

this action is a ―significant regulatory action‖ because it 

raises novel legal or policy issues. Accordingly, the EPA 

submitted this action to OMB for review under Executive Order

12866 and Executive Order 13563 (76 FR 3821, January 21, 2011),

and any changes made in response to OMB recommendations have 

been documented in the docket for this action.

In addition, the EPA prepared an analysis of the potential 

costs and emissions impacts associated with this action. This 

analysis is contained in [Cost and Impacts of the PVC and 

Copolymers Final Standard], in Docket ID No. EPA-HQ-OAR-2002-

0037. A copy of the analysis is available in the docket for this 

action and the analysis is briefly summarized in section VII.B

of this preamble.

B. Paperwork Reduction Act
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The information collection requirements in this final rule 

have been submitted for approval to OMB under the Paperwork 

Reduction Act, 44 U.S.C. 3501, et seq. The information 

collection requirements are not enforceable until the OMB

approves them.

The information requirements are based on notification, 

recordkeeping, and reporting requirements in the NESHAP General 

Provisions (40 CFR part 63, subpart A), which are mandatory for 

all operators subject to national emission standards. These 

recordkeeping and reporting requirements are specifically 

authorized by CAA section 114 (42 U.S.C. 7414). All information 

submitted to the EPA pursuant to the recordkeeping and reporting 

requirements for which a claim of confidentiality is made is 

safeguarded according to agency policies set forth in 40 CFR 

part 2, subpart B.

The final rule requires maintenance inspections of the 

control devices, and some notifications or reports beyond those 

required by the General Provisions. The recordkeeping 

requirements require only the specific information needed to 

determine compliance. The information collection activities in 

this ICR include the following: Performance tests, wastewater 

sampling, resin sampling, LDAR monitoring, heat exchanger 

monitoring, PRD monitoring, operating parameter monitoring, 
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preparation of a site-specific monitoring plan, monitoring and 

inspection, one-time and periodic reports and the maintenance of 

records. Some information collection activities included in the 

NESHAP may occur within the first 3 years, and are presented in 

this burden estimate, but may not occur until 4 or 5 years 

following promulgation of the final rule for some affected 

sources. To be conservative in our estimate, the burden for 

these items is included in this ICR. An initial notification is 

required to notify the Designated Administrator of the 

applicability of this subpart, and to identify storage vessels, 

process vents, stripped resin, equipment leaks, wastewater, heat 

exchange systems, and other emission sources subject to this 

subpart. A notification of performance test must be submitted, 

and a site-specific test plan written for the performance test, 

along with a monitoring plan. Following the initial performance 

test, the owner or operator must submit a notification of 

compliance status that documents the performance test and the 

values for the operating parameters. A periodic report submitted 

every 6 months documents the values for the operating parameters 

and deviations; a notification of inspection of vessels and 

related inspection records; leaking and monitoring information 

for equipment leaks; and leaking and monitoring data for heat 

exchangers, if greater than leak definition. Owners or operators 
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of PVC facilities are required to keep records of certain 

parameters and information for a period of 5 years. The annual 

testing, annual monitoring, reporting, and recordkeeping burden 

for this collection for major sources (averaged over the first 3 

years after the effective date of the standards) is estimated to 

be $1.8 million. This includes 3,200 labor hours per year at a 

total labor cost of $0.3 million per year, and total non-labor 

capital costs of $2.8 million per year. The annual testing, 

annual monitoring, reporting, and recordkeeping burden for this 

collection for area sources (averaged over the first 3 years 

after the effective date of the standards) is estimated to be 

$323 thousand. This includes 432 labor hours per year at a total 

labor cost of $41 thousand per year, and total non-labor capital 

costs of $129 thousand per year. These estimates include initial 

and annual performance tests, conducting and documenting 

semiannual excess emission reports, maintenance inspections, 

developing a monitoring plan, notifications, and recordkeeping. 

Monitoring and testing cost were also included in the cost 

estimates presented in the control costs impacts estimates in 

section VI.B of this preamble. The total burden for the federal 

government (averaged over the first 3 years after the effective 

date of the standard) for major sources is estimated to be 809

hours per year, at a total labor cost of $37,281 per year. The 
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total burden for the federal government (averaged over the first 

3 years after the effective date of the standard) for area 

sources is estimated to be 160 hours per year, at a total labor 

cost of $7,324 per year. Burden is defined at 5 CFR 1320.3(b).

When a malfunction occurs, sources must report them 

according to the applicable reporting requirements of 40 CFR 

part 63, subparts DDDDDD and HHHHHHH. An affirmative defense to 

civil penalties for exceedances of emission limits that are 

caused by malfunctions is available to a source if it can 

demonstrate that certain criteria and requirements are 

satisfied. The criteria ensure that the affirmative defense is 

available only where the event that causes an exceedance of the 

emission limit meets the narrow definition of malfunction in 40 

CFR 63.2 (e.g., sudden, infrequent, not reasonably preventable 

and not caused by poor maintenance or careless operation) and 

where the source took necessary actions to minimize emissions. 

In addition, the source must meet certain notification and 

reporting requirements. For example, the source must prepare a 

written root cause analysis and submit a written report to the 

Administrator documenting that it has met the conditions and 

requirements for assertion of the affirmative defense. The EPA 

considered whether there might be any burden associated with the 

notification, recordkeeping, and reporting requirements 
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associated with the assertion of the affirmative defense. While 

recognizing that any such burdens are only incurred if there has 

been a violation and a source chooses to take advantage of the 

affirmative defense. The PVC industry is currently required to 

comply with the part 61 NESHAP requirement for releases from 

pressure relief valves and reactor manual vent valves, which 

does not allow a discharge into the atmosphere from these 

valves, except during an emergency. An emergency discharge means 

a ―discharge which could not have been avoided by taking 

measures to prevent the discharge.‖ The owners or operators 

must, within 10 days of any release from a pressure relief valve 

or a reactor manual vent valve, submit a report to the 

Administrator. The report must include the ―nature and cause of 

discharge, the date and time of the discharge, the approximate 

total vinyl chloride loss during the discharge, the method used 

for determining the vinyl chloride loss, the action that was 

taken to prevent the discharge, and measures adopted to prevent 

future discharges.‖ The costs for these reports are already 

accounted for in the ICR burden estimate. Therefore, the EPA 

estimates that there would be no additional costs for sources 

that choose to take advantage of the affirmative defense for 

malfunctions since it is already required for compliance with 

the rule. However, there may be other malfunctions that are not 
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currently regulated under the part 61 NESHAP that might prompt a 

source to take advantage of an affirmative defense. 

To provide the public with an estimate of the relative 

magnitude of the burden associated with an assertion of the 

affirmative defense position adopted by a source (for those not 

already regulated under the part 61 NESHAP), the EPA is 

including in the ICR the notification, recordkeeping, and 

reporting requirements associated with the assertion of the 

affirmative defense might entail. The EPA‘s estimate for the 

required notification, reports and records, including the root 

cause analysis, totals $3,141 and is based on the time and 

effort required of a source to review relevant data, interview 

plant employees, and document the events surrounding a 

malfunction that has caused an exceedance of an emission limit. 

The estimate also includes time to produce and retain the record 

and reports for submission to the EPA. The EPA provides this 

illustrative estimate of this burden because these costs are 

only incurred if there has been a violation and a source chooses 

to take advantage of the affirmative defense. 

An agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it 

displays a currently valid OMB control number. The OMB control 

numbers for the EPA‘s regulations in 40 CFR are listed in 40 CFR 
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part 9. When this ICR is approved by OMB, the agency will 

publish a technical amendment to 40 CFR part 9 in the Federal 

Register to display the OMB control number for the approved 

information collection requirements contained in this final 

rule.

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) generally requires an 

agency to prepare a regulatory flexibility analysis of any rule 

subject to notice and comment rulemaking requirements under the 

Administrative Procedure Act, or any other statute, unless the 

agency certifies that the rule will not have a significant 

economic impact on a substantial number of small entities. Small 

entities include small businesses, small organizations, and 

small governmental jurisdictions.

For purposes of assessing the impacts of this final rule on 

small entities, small entity is defined as: (1) a small 

business, as defined by the Small Business Administration‘s 

regulations at 13 CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a city, county, town, 

school district or special district with a population of less 

than 50,000; and (3) a small organization that is any not-forprofit enterprise which is independently owned and operated, and 

is not dominant in its field.
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After considering the economic impacts of this final rule 

on small entities, I certify that this action will not have a 

significant economic impact on a substantial number of small 

entities. The industry in which the affected entities are in is 

NAICS 325211 (Polyvinyl chemical resins manufacturing). The SBA 

small business size definition for this industry is 750 

employees or less for parent entities. This final rule will not 

impose any requirements on small entities. To the EPA‘s 

knowledge, there are no small entities subject to the final 

rule.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain a federal mandate that may 

result in expenditures of $100 million or more for State, local, 

and tribal governments, in the aggregate, or the private sector 

in any one year. The total annualized cost of this rule is 

estimated to be no more than $4.1 million (2010$) in any one 

year. Thus, this rule is not subject to the requirements of 

sections 202 or 205 of UMRA.

This rule is also not subject to the requirements of 

section 203 of UMRA, because it contains no regulatory 

requirements that might significantly or uniquely affect small 

governments. This rule impacts only PVC production facilities, 
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and, thus, does not impact small governments uniquely or 

significantly. 

E. Executive Order 13132: Federalism

The action does not have federalism implications. It will 

not have substantial direct effects on the States, on the 

relationship between the national government and the States, or 

on the distribution of power and responsibilities among the 

various levels of government, as specified in Executive Order 

13132. The final rule imposes requirements on owners and 

operators of specified major and area sources, and not on State 

or local governments. There are no PVC production facilities 

owned or operated by State or local governments. Thus, Executive 

Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination with 

Indian Tribal Governments

This action does not have tribal implications, as specified 

in Executive Order 13175 (65 FR 67249, November 9, 2000). The 

final rule imposes requirements on owners and operators of 

specified area sources, and not tribal governments. There are no 

PVC production facilities owned or operated by Indian tribal 

governments. Thus, Executive Order 13175 does not apply to this 

action.
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G. Executive Order 13045: Protection of Children from 

Environmental Health Risks and Safety Risks

The EPA interprets Executive Order 13045 (62 FR 19885, 

April 23, 1997) as applying to those regulatory actions that 

concern health or safety risks, such that the analysis required 

under section 5-501 of the Executive Order has the potential to 

influence the regulation. This action is not subject to 

Executive Order 13045, because it is based solely on technology 

performance.

H. Executive Order 13211: Actions Concerning Regulations That 

Significantly Affect Energy Supply, Distribution, or Use

This action is not a ―significant energy action‖ as defined 

in Executive Order 13211 (66 FR 28355, May 22, 2001) because it 

is not likely to have a significant adverse effect on the 

supply, distribution, or use of energy. The EPA estimates that 

the requirements in this final action would cause most PVCPU to 

modify existing air pollution control devices (e.g., increase 

the horsepower of their wet scrubbers) or install and operate 

new control devices, resulting in approximately 92,000 megawatthours per year of additional electricity being used.

Given the negligible change in energy consumption resulting 

from this final action, the EPA does not expect any significant 

price increase for any energy type. The cost of energy 
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distribution should not be affected at all by this final action 

since the action would not affect energy distribution 

facilities. We also expect that any impacts on the import of 

foreign energy supplies, or any other adverse outcomes that may 

occur with regards to energy supplies, would not be significant. 

We, therefore, conclude that if there were to be any adverse 

energy effects associated with this final action, they would be 

minimal. 

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), Public Law No. 104-113 (15 

U.S.C. 272 note) directs the EPA to use voluntary consensus 

standards (VCS) in its regulatory activities, unless to do so 

would be inconsistent with applicable law or otherwise 

impractical. VCS are technical standards (e.g., materials 

specifications, test methods, sampling procedures, and business 

practices) that are developed or adopted by VCS bodies. NTTAA 

directs the EPA to provide Congress, through OMB, explanations 

when the agency decides not to use available and applicable VCS. 

This final rulemaking involves technical standards. The EPA 

proposes to use ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas 

Analyses, as an acceptable alternative to EPA Method 3B. This 
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standard is available from the American Society of Mechanical 

Engineers (ASME), Three Park Avenue, New York, NY 10016-5990. 

No applicable VCS were identified for EPA Methods 1A, 2A, 

2D, 2F, 2G, 21, 107, RCRA SW-846, PS-8, PS-9, and the TCEQ 

Modified El Paso Method.

During the search, if the title or abstract (if provided) 

of the VCS described technical sampling and analytical 

procedures that were similar to the EPA‘s reference method, the 

EPA ordered a copy of the standard and reviewed it as a 

potential equivalent method. All potential standards were 

reviewed to determine the practicality of the VCS for this rule. 

This review requires significant method validation data that 

meet the requirements of EPA Method 301 for accepting 

alternative methods or scientific, engineering, and policy 

equivalence to procedures in the EPA reference methods. The EPA 

may reconsider determinations of impracticality when additional 

information is available for particular VCS. 

The search identified 17 other VCS that were potentially 

applicable for this rule in lieu of the EPA reference methods. 

After reviewing the available standards, the EPA determined that 

17 candidate VCS (ASTM D3154-00 (2006), ASTM D3464-96 (2007), 

ASTM D3796-90 (2004), ISO 10780:1994, ASME B133.9-1994 (2001), 

ANSI/ASME PTC 19.10-1981 Part 10, ISO 10396:1993 (2007), ISO 
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12039:2001, ASTM D5835-95 (2007), ASTM D6522-00 (2005), CAN/CSA 

Z223.2-M86 (1999), NIOSH Method 2010, Amines, Aliphatic, ASTM 

D6060-96 (2001), EN 1948-3 (1996), EN 1911-1.2.3 (1998), ASTM 

D6735-01, ASTM D4855-97 (2002)) identified for measuring 

emissions of pollutants or their surrogates subject to emission 

standards in the rule would not be practical due to lack of 

equivalency, documentation, validation data and other important 

technical and policy considerations. 

J. Executive Order 12898: Federal Actions to Address 

Environmental Justice in Minority Populations and Low-Income 

Populations

Executive Order 12898 (59 FR 7629, February 16, 1994) 

establishes federal executive policy on environmental justice. 

Its main provision directs federal agencies, to the greatest 

extent practicable and permitted by law, to make environmental 

justice part of their mission by identifying and addressing, as 

appropriate, disproportionately high and adverse human health or 

environmental effects of their programs, policies, and 

activities on minority populations and low-income populations in 

the United States. 

The EPA has determined that this final rule will not have 

disproportionately high and adverse human health or 

environmental effects on minority or low-income populations,
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because it increases the level of environmental protection for 

all affected populations without having any disproportionately 

high and adverse human health or environmental effects on any 

population, including any minority or low-income population. 

An analysis of demographic data shows that the average 

percentage of minorities, percentages of the population below 

the poverty level, and the percentages of the population 17 

years old and younger, in close proximity to the sources, are 

similar to the national averages, with percentage differences of 

3, 1.8, and 1.7, respectively, at the 3-mile radius of concern. 

These differences in the absolute number of percentage points 

from the national average indicate a 9.4-percent, 14.4-percent, 

and 6.6-percent over-representation of minority populations, 

populations below the poverty level, and the percentages of the 

population 17 years old and younger, respectively.

In determining the aggregate demographic makeup of the 

communities near affected sources, the EPA used census data at 

the block group level to identify demographics of the 

populations considered to be living near affected sources, such 

that they have notable exposures to current emissions from these 

sources. In this approach, the EPA reviewed the distributions of 

different socio-demographic groups in the locations of the 

expected emission reductions from this rule. The review 
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identified those census block groups with centroids within a 

circular distance of a 0.5, 3 and 5 miles of affected sources,

and determined the demographic and socio-economic composition 

(e.g., race, income, education, etc.) of these census block 

groups. The radius of 3 miles (or approximately 5 kilometers) 

has been used in other demographic analyses focused on areas 

around potential sources.

1,2,3,4

There was only one census block 

group with its centroid within 0.5 miles of any source affected 

by the final rule. The EPA‘s demographic analysis has shown that 

these areas, in aggregate, have similar proportions of American 

Indians, African-Americans, Hispanics and ―Other and Multiracial‖ populations to the national average. The analysis also 

showed that these areas, in aggregate, had similar proportions 

of families with incomes below the poverty level as the national 

average, and similar populations of children 17 years of age and 

younger.

5

 

1

U.S. GAO (Government Accountability Office). Demographics of People Living 

Near Waste Facilities. Washington DC: Government Printing Office; 1995.

2

Mohai P, Saha R. Reassessing Racial and Socio-economic Disparities in 

Environmental Justice Research. Demography. 2006;43(2): 383–399.

3

Mennis J. Using Geographic Information Systems to Create and Analyze 

Statistical Surfaces of Populations and Risk for Environmental Justice 

Analysis. Social Science Quarterly, 2002;83(1):281-297.

4

Bullard RD, Mohai P, Wright B, Saha R, et al. Toxic Waste and Race at Twenty 

1987-2007. United Church of Christ. March, 2007. 

5

The results of the demographic analysis are presented in Review of 

Environmental Justice Impacts: Polyvinyl Chloride, September 2010, a copy of 

which is available in the docket.
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The EPA developed a communication and outreach strategy to 

ensure that interested communities have access to this final

rule, are aware of its content, and had an opportunity to 

comment during the comment period. The EPA also ensured that 

interested communities had an opportunity to comment during the 

comment period. During the comment period, the EPA publicized

the rulemaking via environmental justice newsletters, Tribal 

newsletters, environmental justice listservs and the Internet, 

including the EPA Office of Policy Rulemaking Gateway website 

(http://yosemite.epa.gov/opei/RuleGate.nsf/). The EPA will also 

conduct targeted outreach to environmental justice communities,

as appropriate. Outreach activities may include providing 

general rulemaking fact sheets (e.g., why is this important for 

my community) for environmental justice community groups, and 

conducting conference calls with interested communities. In 

addition, state and federal permitting requirements will provide 

State and local governments, and members of affected communities 

the opportunity to provide comments on the permit conditions 

associated with permitting the sources affected by the final 

rule.

K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801, et seq., as 

added by the Small Business Regulatory Enforcement Fairness Act 
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of 1996, generally provides that before a rule may take effect, 

the agency promulgating the rule must submit a rule report, 

which includes a copy of the rule, to each House of the Congress 

and to the Comptroller General of the United States. The EPA 

will submit a report containing this final rule and other 

required information to the United States Senate, the United 

States House of Representatives and the Comptroller General of 

the United States prior to publication of the rule in the 

Federal Register. A major rule cannot take effect until 60 days 

after it is published in the Federal Register. This action is 

not a ―major rule‖ as defined by 5 U.S.C. 804(2). This rule will 

be effective [INSERT DATE OF PUBLICATION IN THE FEDERAL 

REGISTER].
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National Emission Standards for Hazardous Air Pollutants for 

Polyvinyl Chloride and Copolymers Production--Page 261 of 480

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and 

procedure, Air pollution control, Hazardous substances, 

Incorporation by reference, Intergovernmental relations, 

Reporting and recordkeeping requirements.

______________________

Dated: 

_______________________

Lisa P. Jackson, 

Administrator. 
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For the reasons stated in the preamble, title 40, chapter 

I, part 63 of the Code of Federal Regulations, is amended as 

follows:

PART 63--[AMENDED]1. The authority citation for part 63 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq.2. Section 63.14 is amended 

by:

a. Adding paragraph (b)(69);

b. Revising paragraph (c)(3); 

c. Revising paragraph (i)(1);

d. Revising paragraph (n)(1); and

e. Adding paragraphs (p)(8) through (p)(11) to read as 

follows:

§63.14 Incorporations by reference.

* * * * *

(b) * * *

(69) ASTM D2879–10 Standard Test Method for Vapor PressureTemperature Relationship and Initial Decomposition Temperature 

of Liquids by Isoteniscope, IBR approved for §63.12005.

(c) * * *

(3) API Manual of Petroleum Measurement Specifications 

(MPMS) Chapter 19.2, Evaporative Loss From Floating-Roof Tanks 

(formerly API Publications 2517 and 2519), First Edition, April 
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1997, IBR approved for §63.1251 of subpart GGG of this part and 

§63.12005.

* * * * *

(i) * * *

(1) ANSI/ASME PTC 19.10–1981, ―Flue and Exhaust Gas 

Analyses [Part 10, Instruments and Apparatus],‖ IBR approved for 

§§63.309(k)(1)(iii), 63.865(b), 63.3166(a)(3), 

63.3360(e)(1)(iii), 63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3), 

63.4362(a)(3), 63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii), 

63.9307(c)(2), 63.9323(a)(3), 63.11148(e)(3)(iii), 

63.11155(e)(3), 63.11162(f)(3)(iii) and (f)(4), 

63.11163(g)(1)(iii) and (g)(2), 63.11410(j)(1)(iii), 

63.11551(a)(2)(i)(C), 63.11945(d)(2), table 5 to subpart DDDDD 

of this part, table 1 to subpart ZZZZZ of this part and table 4 

to subpart JJJJJJ of this part.

* * * * *

(n) * * *

(1) ―Air Stripping Method (Modified El Paso Method) for 

Determination of Volatile Organic Compound Emissions from Water 

Sources,‖ Revision Number One, dated January 2003, Sampling 

Procedures Manual, Appendix P: Cooling Tower Monitoring, 

prepared by Texas Commission on Environmental Quality, January 

31, 2003, IBR approved for §63.654(c)(1) and (g)(4)(i) of 
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subpart CC of this part, and §63.11920(a)(3)(i) of subpart 

HHHHHHH of this part.

* * * * *

(p) * * *

(8) SW-846-8015C, Revision 3, February 2007, Nonhalogenated 

Organics by Gas Chromatography in EPA Publication No. SW-846, 

Test Methods for Evaluating Solid Waste, Physical/Chemical 

Methods, Third Edition, IBR approved for §63.11960(e)(1)(iv), 

§63.11980(a)(2)(iv) and table 10 to subpart HHHHHHH of this 

part.

(9) SW-846-8260B, Revision 3, February 2007, Volatile 

Organic Compounds by Gas Chromatography/Mass Spectrometry 

(GC/MS) in EPA Publication No. SW-846, Test Methods for 

Evaluating Solid Waste, Physical/Chemical Methods, Third 

Edition, IBR approved for §63.11960(e)(1)(i), §63.11980(a)(2)(i) 

and table 10 to subpart HHHHHHH of this part.

(10) SW-846-8270D, Revision 4, February 2007, Semivolatile 

Organic Compounds by Gas Chromatography/Mass Spectrometry 

(GC/MS) in EPA Publication No. SW-846, Test Methods for 

Evaluating Solid Waste, Physical/Chemical Methods, Third 

Edition, IBR approved for §63.11960(e)(1)(ii), 

§63.11980(a)(2)(ii) and table 10 to subpart HHHHHHH of this 

part.
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(11) SW-846-8315A, Revision 1, December 1996, Determination 

of Carbonyl Compounds by High Performance Liquid Chromatography 

in EPA Publication No. SW-846, Test Methods for Evaluating Solid 

Waste, Physical/Chemical Methods, Third Edition, IBR approved 

for §63.11960(e)(1)(iii), §63.11980(a)(2)(iii) and table 10 to 

subpart HHHHHHH of this part.

3. Section 63.11140 is amended by revising paragraphs (a) 

through (d) and adding paragraphs (e) through (h) to read as 

follows: 

§63.11140 Am I subject to this subpart?

(a) You are subject to the requirements in this subpart if 

you own or operate one or more polyvinyl chloride and copolymers 

process units (PVCPU), as defined in §63.12005, that are located 

at, or are part of, an area source of hazardous air pollutants 

(HAP). 

(b) The requirements of this subpart do not apply to 

research and development facilities, as defined in section 

112(c)(7) of the Clean Air Act, or to chemical manufacturing 

process units, as defined in §63.101, that produce vinyl 

chloride monomer or other raw materials used in the production 

of polyvinyl chloride and copolymers.

(c) This subpart applies to each polyvinyl chloride and 

copolymers production affected source. 
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(d) The polyvinyl chloride and copolymers production 

affected source is the facility-wide collection of PVCPU, 

storage vessels, heat exchange systems, surge control vessels, 

wastewater and process wastewater treatment systems that are 

associated with producing polyvinyl chloride and copolymers.

(1) An existing affected source is one for which 

construction was commenced on or before May 20, 2011.

(2) A new affected source is one for which construction was 

commenced after May 20, 2011.

(e) If components of an existing affected source are 

replaced such that the replacement meets the definition of 

reconstruction in §63.2 and the reconstruction commenced after 

May 20, 2011, then the existing affected source becomes a 

reconstructed source and is subject to the relevant standards 

for a new affected source. The reconstructed source must comply 

with the requirements for a new affected source upon initial 

startup of the reconstructed source or by the effective date of 

the publication of the final rule in the Federal Register, 

whichever is later.

(f) You are exempt from the obligation to obtain a permit 

under 40 CFR part 70 or 40 CFR part 71, provided you are not 

otherwise required by law to obtain a permit under §70.3(a) or 
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§71.3(a). Notwithstanding the previous sentence, you must 

continue to comply with the provisions of this subpart.

(g) After the applicable compliance date specified in 

§63.11141, an affected source that is also subject to the 

provisions of 40 CFR part 61, subpart F, is required to comply 

with the provisions of this subpart and no longer has to comply 

with 40 CFR part 61, subpart F.

(h) After the applicable compliance date specified in 

§63.11141, an affected source that is also subject to the 

provisions of other 40 CFR part 60 or 40 CFR part 63 subparts is 

required to comply with this subpart and any other applicable 40 

CFR part 60 and part 63 subparts.

4. Section 63.11141 is revised to read as follows:

§63.11141 What are my compliance dates?

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

must achieve compliance with the applicable provisions in this 

subpart by January 23, 2007.

(b) If you own or operate a new affected source, you must 

achieve compliance with the applicable provisions in this 

subpart by the dates in paragraphs (b)(1) and (2) of this 

section.

(1) If you start up a new affected source on or before 

January 23, 2007, you must achieve compliance with the 
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applicable provisions in this subpart not later than January 23, 

2007.

(2) If you start up a new affected source after January 23, 

2007, you must achieve compliance with the provisions in this 

subpart upon startup of your affected source.

5. Section 63.11142 is revised to read as follows: 

Standards and Compliance Requirements

§63.11142 What are the standards and compliance requirements for 

new and existing sources?

(a) You must comply with each emission limit and standard 

specified in Table 1 to this subpart that applies to your 

existing affected source, and you must comply with each emission 

limit and standard specified in Table 2 to this subpart that 

applies to your new affected source.

(b) The emission limits, operating limits and work practice 

standards specified in this subpart apply at all times, 

including periods of SSM.

(c) You must demonstrate initial compliance by the dates 

specified in §63.11141 of this part.

(d) You must conduct subsequent performance testing 

according to the schedule specified in §63.11905 of this part.

(e) You must meet the requirements of the applicable 

sections of 40 CFR part 63, subpart HHHHHHH, as specified in 
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paragraphs (e)(1) through (19) of this section, except for the 

purposes of complying with this subpart, where the applicable 

sections of 40 CFR part 63, subpart HHHHHHH, as specified in 

paragraphs (e)(1) through (19) of this section reference Table 1 

or Table 2 of subpart HHHHHHH, reference is made to Table 1 or 

Table 2 of this subpart.

(1) You must comply with the requirements of §63.11880(b) 

of this part.

(2) You must comply with the requirements of §§63.11890(b) 

through 63.11890(d) and §63.11895.

(3) You must comply with the requirements of §63.11896, 

except for the purposes of complying with this subpart, where 

§63.11896 refers to §63.11870(c) of subpart HHHHHHH, reference 

is made to §63.11140(d)(2) of this subpart.

(4) You must comply with the requirements of §63.11900, 

except for the purposes of complying with this subpart, where 

§63.11900 refers to §63.11875 of subpart HHHHHHH, reference is 

made to §63.11141 of this subpart.

(5) You must meet the requirements of §63.11910 of this 

part for initial and continuous compliance for storage vessels.

(6) You must meet the requirements of §63.11915 of this 

part for equipment leaks.
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(7) You must meet the requirements of §63.11920 of this 

part for initial and continuous compliance for heat exchange 

systems.

(8) You must meet the requirements of §63.11925 of this 

part for initial and continuous compliance for process vents.

(9) You must meet the requirements of §63.11930 of this 

part for closed vent systems.

(10) You must meet the requirements of §63.11935 of this 

part for continuous emissions monitoring systems (CEMS) and 

continuous parameter monitoring systems (CPMS) to demonstrate 

initial and continuous compliance with the emission standards 

for process vent .

(11) You must meet the requirements of §63.11940 of this 

part for continuous monitoring requirements for control devices 

required to install CPMS to meet the emission limits for process 

vents.

(12) You must meet the requirements of §63.11945 of this 

part for performance testing requirements for process vents.

(13) You must meet the requirements of §63.11950 of this 

part for emissions calculations to be used for an emission 

profile by process of batch process operations.
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(14) You must meet the requirements of §63.11955 of this 

part for initial and continuous compliance requirements for 

other emission sources.

(15) You must meet the requirements of §63.11956 of this 

part for ambient monitoring.

(16) You must meet the requirements of §63.11960 of this 

part for initial and continuous compliance requirements for 

stripped resin.

(17) You must meet the requirements of §63.11965 of this 

part through §63.11980 for general, initial and continuous 

compliance, test methods and calculation procedures for 

wastewater.

(18) You must meet the notification and reporting 

requirements of §63.11985 of this part.

(19) You must meet the recordkeeping requirements of 

§§63.11990 and 63.11995 of this part.

6. Section 63.11143 is revised to read as follows:

Other Requirements and Information

§63.11143 What General Provisions apply to this subpart?

Section 63.11885 of this part specifies which parts of the 

General Provisions in subpart A of this part apply to you.

7. Section 63.11144 is revised to read as follows:

§63.11144 What definitions apply to this subpart?
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Terms used in this subpart are defined in the Clean Air 

Act; in §63.2; and in §63.12005.

8. Section 63.11145 is revised to read as follows:

§63.11145 Who implements and enforces this subpart?

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

Administrator or a delegated authority such as your state, local 

or tribal agency. If the Administrator has delegated authority 

to your state, local or tribal agency, then that agency, as well 

as the Administrator), has the authority to implement and 

enforce this subpart. You should contact your EPA Regional 

Office to find out if this subpart is delegated to your state, 

local or tribal agency.

(b) In delegating implementation and enforcement authority 

of this subpart to a state, local or tribal agency, the 

authorities listed in paragraphs (b)(1) through (4) of this 

section are retained by the Administrator and are not 

transferred to the state, local or tribal agency.

(1) Approval of alternatives to the emission limits, 

operating limits and work practice standards specified in this 

subpart.

(2) Approval of a major change to test methods, as defined 

in §63.90, approval of any proposed analysis methods and 

approval of any proposed test methods.
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(3) Approval of a major change to monitoring, as defined in 

§63.90.

(4) Approval of a major change to recordkeeping and 

reporting, as defined in §63.90.

9. Table 1 and Table 2 are added to subpart DDDDDD to read as 

follows:

Table 1 to Subpart DDDDDD of Part 63—Emission Limits and 

Standards for Existing Affected Sources

For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet 

this emission 

limit...

PVC-only 

process 

vents1

Vinyl chloride All resin types 5.3 parts per 

million by 

volume at 3-

percent oxygen 

(ppmv).

Total organic HAP All resin types 140 ppmv. 

(For compliance 

determination, 

demonstrate 

that total 

hydrocarbon is 

less than or 

equal to 38 

ppmv measured 

as propane).

Dioxins/furans (toxic 

equivalency basis)

All resin types 0.13 ng/dscm at 

3-percent 

oxygen.

PVC- Vinyl chloride All resin types 0.58 ppmv.
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For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet 

this emission 

limit...

combined 

process 

vents1

Total organic HAP All resin types 29 ppmv. 

(For compliance 

determination, 

demonstrate 

that total 

hydrocarbon is 

less than or 

equal to 0.33 

ppmv measured 

as propane).

Dioxins/furans (toxic 

equivalency basis)

All resin types 0.076 ng/dscm 

at 3-percent 

oxygen. 

Stripped 

resin

Vinyl chloride Bulk resin 7.1 parts per 

million by 

weight (ppmw).

Dispersion resin 1,500 ppmw.

Suspension resin 36 ppmw.

Suspension 

blending resin

140 ppmw.

Copolymer resin 790 ppmw.

Total non-vinyl 

chloride HAP

Bulk resin 170 ppmw.

Dispersion resin 320 ppmw.

Suspension resin 36 ppmw.

Suspension 

blending resin

500 ppmw.

Copolymer resin 1,900 ppmw.

Process 

Wastewate

r

Vinyl chloride All resin types 2.1 ppmw.

Total non-vinyl 

chloride HAP

All resin types 0.018 ppmw.

1 Emission limits at 3 percent oxygen, dry basis.

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

Standards for New Affected Sources
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For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet this 

emission limit...

PVC-only 

process 

vents1

Vinyl chloride All resin types 5.3 parts per 

million by volume at 

3-percent oxygen 

(ppmv).

Total organic HAP All resin types 140 ppmv.

(For compliance 

determination, 

demonstrate that 

total hydrocarbon is 

less than or equal 

to 38 ppmv measured 

as propane).

Dioxins/furans 

(toxic equivalency 

basis)

All resin types 0.13 ng/dscm at 3-

percent oxygen.

PVCcombined 

process 

vents1

Vinyl chloride All resin types 0.58 ppmv. 

Total organic HAP All resin types 29 ppmv. 

(For compliance 

determination, 

demonstrate that 

total hydrocarbon is 

less than or equal 

to 0.33 ppmv 

measured as 

propane).

Dioxins/furans 

(toxic equivalency 

basis)

All resin types 0.076 ng/dscm at 3-

percent oxygen. 

Stripped 

resin

Vinyl chloride Bulk resin 7.1 parts per 

million by weight 

(ppmw).

Dispersion 

resin

1,500 ppmw.

Suspension 

resin

36 ppmw.

Suspension 

blending resin

140 ppmw.
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For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet this 

emission limit...

Copolymer resin 790 ppmw.

Total non-vinyl 

chloride HAP

Bulk resin 170 ppmw.

Dispersion 

resin

320 ppmw.

Suspension 

resin

36 ppmw.

Suspension 

blending resin

500 ppmw.

Copolymer resin 1,900 ppmw.

Process 

Wastewate

r

Vinyl chloride All resin types 2.1 ppmw.

Total non-vinyl 

chloride HAP

All resin types 0.018 ppmw.

1 Emission limits at 3 percent oxygen, dry basis.

10. Part 63 is amended by adding subpart HHHHHHH to read as 

follows:

Subpart HHHHHHH--National Emission Standards for Hazardous Air 

Pollutant Emissions for Polyvinyl Chloride and Copolymers 

Production

Sec.

What This Subpart Covers

63.11860 What is the purpose of this subpart?

63.11865 Am I subject to the requirements in this subpart?

63.11870 What is the affected source of this subpart?

63.11871 What is the relationship to 40 CFR part 61, subpart F?

63.11872 What is the relationship to other 40 CFR part 63 

subparts?

63.11875 When must I comply with this subpart?

Emission Limits, Operating Limits and Work Practice Standards
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63.11880 What emission limits, operating limits and standards 

must I meet?

General Compliance Requirements

63.11885 What parts of the General Provisions apply to me?

63.11890 What are my additional general requirements for 

complying with this subpart?

63.11895 Affirmative Defense for Exceedance of Emission Limit 

During Malfunction

63.11896 What am I required to do if I make a process change at 

my affected source?

Testing and Compliance Requirements

63.11900 By what date must I conduct initial performance testing 

and monitoring, establish any applicable operating limits and 

demonstrate initial compliance with my emission limits and work 

practice standards?

63.11905 When must I conduct subsequent performance testing and 

monitoring to demonstrate continuous compliance?

63.11910 What are my initial and continuous compliance 

requirements for storage vessels?

63.11915 What are my compliance requirements for equipment 

leaks?

63.11920 What are my initial and continuous compliance 

requirements for heat exchange systems?

63.11925 What are my initial and continuous compliance 

requirements for process vents?

63.11930 What requirements must I meet for closed vent systems?

63.11935 What CEMS and CPMS requirements must I meet to 

demonstrate initial and continuous compliance with the emission 

standards for process vents?

63.11940 What continuous monitoring requirements must I meet for 

control devices required to install CPMS to meet the emission 

limits for process vents?

63.11945 What performance testing requirements must I meet for 

process vents?

63.11950 What emissions calculations must I use for an emission 

profile by process of my batch process operation?

63.11955 What are my initial and continuous compliance 

requirements for other emission sources?

63.11956 What are my compliance requirements for ambient 

monitoring?

63.11960 What are my initial and continuous compliance 

requirements for stripped resin?

63.11965 What are my general compliance requirements for 

wastewater?
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63.11970 What are my initial compliance requirements for process 

wastewater?

63.11975 What are my continuous compliance requirements for 

process wastewater?

63.11980 What are the test methods and calculation procedures 

for process wastewater?

Notifications, Reports and Records

63.11985 What notifications and reports must I submit and when?

63.11990 What records must I keep?

63.11995 In what form and how long must I keep my records?

63.12000 Who implements and enforces this subpart?

Definitions

63.12005 What definitions apply to this subpart?

Tables to Subpart HHHHHHH of Part 63

Table 1 to Subpart HHHHHHH of Part 63--Emission Limits and 

Standards for Existing Affected Sources

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

Standards for New Affected Sources

Table 3 to Subpart HHHHHHH of Part 63--Summary of Control 

Requirements for Storage Vessels at New and Existing Sources

Table 4 to Subpart HHHHHHH of Part 63--Applicability of the 

General Provisions to Part 63

Table 5 to Subpart HHHHHHH of Part 63--Operating Parameters, 

Operating Limits and Data Monitoring, Recording and Compliance 

Frequencies for Process Vent Control Devices

Table 6 to Subpart HHHHHHH of Part 63--Toxic Equivalency Factors 

Table 7 to Subpart HHHHHHH of Part 63--Calibration and Accuracy 

Requirements for Continuous Parameter Monitoring Systems

Table 8 to Subpart HHHHHHH of Part 63--Methods and Procedures 

for Conducting Performance Tests for Process Vents

Table 9 to Subpart HHHHHHH of Part 63--Procedures for Conducting 

Sampling of Stripped Resin and Process Wastewater

Table 10 to Subpart HHHHHHH of Part 63--HAP Subject to the 

Stripped Resin and Process Wastewater Provisions at New and 

Existing Sources

Subpart HHHHHHH--National Emission Standards for Hazardous Air 

Pollutant Emissions for Polyvinyl Chloride and Copolymers 

Production

What This Subpart Covers
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§63.11860 What is the purpose of this subpart?

This subpart establishes national emission standards for 

hazardous air pollutants emitted from the production of 

polyvinyl chloride and copolymers at major sources. This subpart 

also establishes requirements to demonstrate initial and 

continuous compliance with the emission standards.

§63.11865 Am I subject to the requirements in this subpart?

You are subject to the requirements in this subpart if you 

own or operate one or more polyvinyl chloride and copolymers

process units (PVCPU) as defined in §63.12005 that are located 

at, or are part of, a major source of hazardous air pollutants 

(HAP) emissions as defined in §63.2. The requirements of this 

subpart do not apply to research and development facilities, as 

defined in section 112(c)(7) of the Clean Air Act, or to 

chemical manufacturing process units, as defined in §63.101, 

that produce vinyl chloride monomer or other raw materials used 

in the production of polyvinyl chloride and copolymers.

§63.11870 What is the affected source of this subpart?

(a) This subpart applies to each polyvinyl chloride and

copolymers production affected source.

(b) The polyvinyl chloride and copolymers production 

affected source is the facility wide collection of PVCPU, 

storage vessels, heat exchange systems, surge control vessels, 
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wastewater and process wastewater treatment systems that are 

associated with producing polyvinyl chloride and copolymers.

(c) An existing affected source is one for which 

construction was commenced on or before May 20, 2011, at a major 

source.

(d) A new affected source is one for which construction is 

commenced after May 20, 2011, at a major source.

(e) If components of an existing affected source are 

replaced such that the replacement meets the definition of

reconstruction in §63.2 and the reconstruction commenced after 

May 20, 2011, then the existing affected source becomes a 

reconstructed source and is subject to the relevant standards 

for a new affected source. The reconstructed source must comply 

with the requirements for a new affected source upon initial 

startup of the reconstructed source or by [INSERT DATE OF 

PUBLICATION IN THE FEDERAL REGISTER], whichever is later.

§63.11871 What is the relationship to 40 CFR part 61, subpart F?

After the applicable compliance date specified in 

§63.11875(a), (b) or (c), an affected source that is also 

subject to the provisions of 40 CFR part 61, subpart F, is 

required to comply with the provisions of this subpart and no 

longer has to comply with 40 CFR part 61, subpart F.
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§63.11872 What is the relationship to other 40 CFR part 63 

subparts?

After the applicable compliance date specified in 

§63.11875(a), (b) or (c), an affected source that is also 

subject to the provisions of other 40 CFR part 60 or 63, 

subparts is required to comply with this subpart and any other 

applicable 40 CFR part 60 and 40 CFR part 63 subparts.

§63.11875 When must I comply with this subpart?

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

must achieve compliance with the applicable provisions in this 

subpart no later than [INSERT DATE 3 YEARS FROM DATE OF

PUBLICATION IN THE FEDERAL REGISTER]. On or after [INSERT DATE 3 

YEARS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER], any 

such existing affected source is no longer subject to the 

provisions of 40 CFR part 61, subpart F.

(b) If you start up a new affected source on or before the 

effective date of publication of the final rule in the Federal 

Register, you must achieve compliance with the provisions of 

this subpart no later than [INSERT DATE OF PUBLICATION IN THE 

FEDERAL REGISTER]. On or after [INSERT DATE OF PUBLICATION IN 

THE FEDERAL REGISTER], any such new affected source is not 

subject to the provisions of 40 CFR part 61, subpart F.
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(c) If you start up a new affected source after [INSERT 

DATE OF PUBLICATION IN THE FEDERAL REGISTER], you must achieve 

compliance with the provisions of this subpart upon startup of 

your affected source. Upon startup, any such new affected source 

is not subject to the provisions of 40 CFR part 61, subpart F.

(d) You must meet the notification requirements in §§63.9 

and 63.11985 according to the dates specified in those sections. 

Some of the notifications must be submitted before you are 

required to comply with the emission limits and standards in 

this subpart.

Emission Limits, Operating Limits and Work Practice Standards

§63.11880 What emission limits, operating limits and standards 

must I meet?

(a) You must comply with each emission limit and standard 

specified in Table 1 to this subpart that applies to your 

existing affected source, and you must comply with each emission 

limit and standard specified in Table 2 to this subpart that 

applies to your new affected source.

(b) You must establish an operating limit for each 

operating parameter required to be monitored in §§63.11925, and 

you must establish each operating limit as an operating range, 

minimum operating level, or maximum operating level. You must 

comply with each established operating limit.
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(c) You must comply with the emission limits and standards 

specified in §§63.11910 through 63.11980 that apply to your 

affected source.

General Compliance Requirements

§63.11885 What parts of the General Provisions apply to me?

Table 4 to this subpart specifies which parts of the 

General Provisions in subpart A of this part apply to you.

§63.11890 What are my additional general requirements for 

complying with this subpart?

(a) The emission limits, operating limits, and work 

practice standards specified in this subpart apply at all times, 

including periods of startup, shutdown or malfunction.

(b) At all times, you must operate and maintain your 

affected source, including associated air pollution control 

components and monitoring system components, in a manner 

consistent with safety and good air pollution control practices 

for minimizing emissions. Determination of whether acceptable 

operation and maintenance procedures are being used will be 

based on information available to the Administrator, which may 

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

operation and maintenance procedures, review of operation and 

maintenance records, and inspection of the source.
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(c) You must install, calibrate, maintain, and operate all 

monitoring system components according to §63.8, §63.11935(b) 

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

(1) Except for periods of monitoring system malfunctions, 

repairs associated with monitoring system malfunctions, and 

required monitoring system quality assurance or quality control 

activities (including, as applicable, calibration checks and 

required zero and span adjustments), you must operate the 

continuous monitoring system at all times the affected source is 

operating. A monitoring system malfunction is any sudden, 

infrequent, not reasonably preventable failure of the monitoring 

system to provide data. Monitoring system failures that are 

caused in part by poor maintenance or careless operation are not 

malfunctions. You are required to complete monitoring system 

repairs in response to monitoring system malfunctions and to 

return the monitoring system to operation as expeditiously as 

practicable.

(2) You may not use data recorded during monitoring system 

malfunctions, repairs associated with monitoring system 

malfunctions, or required monitoring system quality assurance or 

control activities in calculations used to report emissions or 

operating levels. You must use all the data collected during all 

other required data collection periods in assessing the 
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operation of the control device and associated control system. 

You must report any periods for which the monitoring system 

failed to collect required data.

(d) A deviation means any of the cases listed in paragraphs 

(d)(1) through (7) of this section.

(1) Any instance in which an affected source subject to 

this subpart, or an owner or operator of such a source, fails to 

meet any requirement or obligation established by this subpart, 

including, but not limited to, any emission limit, operating 

limit, or work practice standard.

(2) When a performance test indicates that emissions of a 

pollutant in Table 1or 2 to this subpart are exceeding the 

emission standard for the pollutant specified in Table 1or 2 to 

this subpart.

(3) When a 3-hour block average from a continuous emissions 

monitor, as required by §63.11925(c)(1) through (3), exceeds an 

emission limit in Table 1 or 2 to this subpart.

(4) When the average value of a monitored operating 

parameter, based on the data averaging period for compliance 

specified in Table 5 to this subpart, does not meet the 

operating limit established in §63.11880(b).
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(5) When an affected source discharges directly to the 

atmosphere from any of the sources specified in paragraphs 

(d)(5)(i) through (iv) of this section.

(i) A pressure relief device, as defined in §63.12005.

(ii) A bypass, as defined in §63.12005.

(iii) A closed vent system in vacuum service.

(iv) A closure device on a pressure vessel.

(6) Any instance in which the affected source subject to 

this subpart, or an owner or operator of such a source, fails to 

meet any term or condition specified in paragraph (d)(6)(i) or 

(ii) of this section.

(i) Any term or condition that is adopted to implement an 

applicable requirement in this subpart.

(ii) Any term or condition that is included in the 

operating permit for any affected source required to obtain such 

a permit.

(7) Any failure to collect required data, except for 

periods of monitoring system malfunctions, repairs associated 

with monitoring system malfunctions, and required monitoring 

system quality assurance or quality control activities 

(including, as applicable, calibration checks and required zero 

and span adjustments).
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§63.11895 Affirmative Defense for Exceedance of Emission Limit 

During Malfunction 

In response to an action to enforce the standards set forth 

in paragraph §63.11880 you may assert an affirmative defense to 

a claim for civil penalties for exceedances of such standards 

that are caused by malfunction, as defined at 40 CFR 63.2. 

Appropriate penalties may be assessed, however, if you fail to 

meet your burden of proving all of the requirements in the 

affirmative defense. The affirmative defense shall not be 

available for claims for injunctive relief.

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

enforce such a limit, you must timely meet the notification 

requirements in paragraph (b) of this section, and must prove by 

a preponderance of evidence that:

(1) The excess emissions: 

(i) Were caused by a sudden, infrequent, and unavoidable 

failure of air pollution control and monitoring equipment, 

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

manner, and 

(ii) Could not have been prevented through careful 

planning, proper design or better operation and maintenance 

practices; and
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 (iii) Did not stem from any activity or event that could 

have been foreseen and avoided, or planned for; and

(iv) Were not part of a recurring pattern indicative of 

inadequate design, operation, or maintenance; and

(2) Repairs were made as expeditiously as possible when the 

applicable emission limitations were being exceeded. Off-shift 

and overtime labor were used, to the extent practicable to make 

these repairs; and

 (3) The frequency, amount and duration of the excess 

emissions (including any bypass) were minimized to the maximum 

extent practicable during periods of such emissions; and

 (4) If the excess emissions resulted from a bypass of 

control equipment or a process, then the bypass was unavoidable 

to prevent loss of life, personal injury, or severe property 

damage; and

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

the excess emissions on ambient air quality, the environment and 

human health; and

 (6) All emissions monitoring and control systems were kept 

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

air pollution control practices; and

 (7) All of the actions in response to the excess emissions 

were documented by properly signed, contemporaneous operating 
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logs; and

(8) At all times, the affected source was operated in a 

manner consistent with good practices for minimizing emissions; 

and

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

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

primary causes of the malfunction and the excess emissions 

resulting from the malfunction event at issue. The analysis 

shall also specify, using best monitoring methods and 

engineering judgment, the amount of excess emissions that were 

the result of the malfunction. 

(b) Notification. The owner or operator of the affected 

source experiencing an exceedance of its emission limit(s) 

during a malfunction shall notify the Administrator by telephone 

or facsimile (FAX) transmission as soon as possible, but no 

later than two business days after the initial occurrence of the 

malfunction, if it wishes to avail itself of an affirmative 

defense to civil penalties for that malfunction. The owner or 

operator seeking to assert an affirmative defense shall also 

submit a written report to the Administrator within 45 days of 

the initial occurrence of the exceedance of the standard in §63. 

11880 to demonstrate, with all necessary supporting 

documentation, that it has met the requirements set forth in 
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paragraph (a) of this section. The owner or operator may seek 

an extension of this deadline for up to 30 additional days by 

submitting a written request to the Administrator before the 

expiration of the 45 day period. Until a request for an 

extension has been approved by the Administrator, the owner or 

operator is subject to the requirement to submit such report 

within 45 days of the initial occurrence of the exceedance.

§63.11896 What am I required to do if I make a process change at 

my affected source?

If you make a process change to an existing affected source 

that does not meet the criteria to become a new affected source 

in §63.11870(d), you must comply with the requirements in 

paragraph (a) and the testing and reporting requirements in 

paragraphs (c) and (d) of this section. If you make a process 

change to a new affected source, you must comply with the 

requirements in paragraph (b) and the testing and reporting 

requirements in paragraphs (c) and (d) of this section. Refer to 

§63.12005 for the definition of process changes.

(a) You must demonstrate that the changed process unit or 

component of the affected facility is in compliance with the 

applicable requirements for an existing affected source. You 

must demonstrate initial compliance with the emission limits and 

establish any applicable operating limits in §63.11880 within 
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180 days of the date of start-up of the changed process unit or 

component of the affected facility. You must demonstrate 

compliance with any applicable work practice standards upon 

startup of the changed process unit or component of the affected 

facility.

(b) You must demonstrate that all changed emission points 

are in compliance with the applicable requirements for a new 

affected source. You must demonstrate initial compliance with 

the emission limits and establish any applicable operating 

limits in §63.11880 within 180 days of the date of startup of 

the changed process unit or component of the affected facility. 

You must demonstrate compliance with any applicable work 

practice standards upon startup of the changed process unit or 

component of the affected facility.

(c) For process changes, you must demonstrate continuous 

compliance with your emission limits and standards, operating 

limits, and work practice standards according to the procedures 

and frequency in §§63.11910 through 63.11980.

(d) For process changes, you must submit the report 

specified in §63.11985(b)(4)(iii).

Testing and Compliance Requirements

§63.11900 By what date must I conduct initial performance 

testing and monitoring, establish any applicable operating 
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limits and demonstrate initial compliance with my emission 

limits and work practice standards?

(a) For existing affected sources, you must establish any 

applicable operating limits required in §63.11880 and 

demonstrate initial compliance with the emission limits and 

standards specified in Tables 1, and 3 to this subpart, as 

applicable, no later than 180 days after the compliance date 

specified in §63.11875 and according to the applicable 

provisions in §63.7(a)(2).

(b) For existing affected sources, you must demonstrate 

initial compliance with any applicable work practice standards 

required in §63.11880 no later than the compliance date 

specified in §63.11875 and according to the applicable 

provisions in §63.7(a)(2).

(c) For new or reconstructed affected sources, you must 

establish any applicable operating limits required in §63.11880, 

and demonstrate initial compliance with the emission limits and 

standards specified in Tables 2, and 3 to this subpart, as 

applicable, no later than 180 days after the effective date of 

publication of the final rule in the Federal Register or within 

180 days after startup of the source, whichever is later, 

according to §63.7(a)(2)(ix).
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(d) For new and reconstructed affected sources, you must 

demonstrate initial compliance with any applicable work practice 

standards required in §63.11880 no later than the startup date 

of the affected source or the effective date of publication of 

the final rule in the Federal Register, whichever is later, and 

according to the applicable provisions in §63.7(a)(2).

(e) If you demonstrate initial compliance using a 

performance test and a force majeure is about to occur, occurs, 

or has occurred for which you intend to assert a claim of force 

majeure, then you must follow the procedures in §63.7(a)(4).

§63.11905 When must I conduct subsequent performance testing and 

monitoring to demonstrate continuous compliance?

Following the date of your initial demonstration of 

compliance in §63.11900, you must conduct subsequent performance 

testing and monitoring to demonstrate continuous compliance with 

your emission limits, operating limits, and work practice 

standards according to the procedures and frequency in 

§§63.11910 through 63.11980. If you make a process change as 

specified in §63.11896, such that a different emission limit or 

operating parameter limit applies, you must conduct a 

performance test according to §63.11896.

§63.11910 What are my initial and continuous compliance 

requirements for storage vessels?
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You must comply with the requirements specified in Table 3 

to this subpart for each storage vessel.

(a) For each fixed roof storage vessel used to comply with 

the requirements specified in Table 3 to this subpart, you must 

meet the requirements in paragraphs (a)(1) through (4) of this 

section. If you elect to use a fixed roof storage vessel vented 

to a closed vent system and control device, the closed vent 

system and control device must meet the requirements in 

§§63.11925 through 63.11950.

(1) Design requirements. (i) The fixed roof must be 

installed in a manner such that there are no visible cracks, 

holes, gaps, or other open spaces between roof section joints or 

between the interface of the roof edge and the tank wall.

(ii) Each opening in the fixed roof must be equipped with a 

closure device designed to operate such that when the closure 

device is secured in the closed position there are no visible 

cracks, holes, gaps, or other open spaces in the closure device 

or between the perimeter of the opening and the closure device.

(2) Operating requirements. (i) Except as specified in 

paragraph (a)(2)(ii) of this section, the fixed roof must be 

installed with each closure device secured in the closed 

position.
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(ii) Opening of closure devices or removal of the fixed 

roof is allowed under conditions specified in paragraphs 

(a)(2)(ii)(A) and (B) of this section.

(A) A closure device may be opened or the roof may be 

removed when needed to provide access.

(B) A conservation vent that vents to the atmosphere is 

allowed during normal operations to maintain the tank internal 

operating pressure within tank design specifications. Normal 

operating conditions that may require these devices to open are 

during those times when the internal pressure of the storage 

vessel is outside the internal pressure operating range for the 

storage vessel as a result of loading or unloading operations or 

diurnal ambient temperature fluctuations.

(3) Inspection and monitoring requirements. 

(i) Visually inspect the fixed roof and its closure devices 

for defects initially and at least once per calendar year except 

as specified in paragraph (a)(3)(ii) of this section. Defects 

include, but are not limited to, visible cracks, holes, or gaps 

in the roof sections or between the roof and the wall of the 

storage vessel; broken, cracked or otherwise damaged seals, or 

gaskets on closure devices; and broken or missing hatches, 

access covers, caps or other closure devices.
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(ii) The inspection requirement specified in paragraph 

(a)(3)(i) of this section does not apply to parts of the fixed 

roof that you determine are unsafe to inspect because operating 

personnel would be exposed to an imminent or potential danger as 

a consequence of complying with paragraph (a)(3)(i) of this 

section, provided you comply with the requirements specified in 

paragraphs (a)(3)(ii)(A) and (B) of this section.

(A) You prepare and maintain at the plant site written 

documentation that identifies all parts of the fixed roof that 

are unsafe to inspect and explains why such parts are unsafe to 

inspect.

(B) You develop and implement a written plan and schedule 

to conduct inspections the next time alternative storage 

capacity becomes available and the storage vessel can be emptied 

or temporarily removed from service, as necessary, to complete 

the inspection. The required inspections must be performed as 

frequently as practicable but do not need to be performed more 

than once per calendar year. You must maintain a copy of the 

written plan and schedule at the plant site.

(4) Repair requirements. (i) Make first efforts to repair a 

defect no later than 5 days after detection, and complete repair 

as soon as possible, but no later than 45 days after detection. 

You must comply with the requirements in this paragraph 
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(a)(4)(i) except as provided in paragraph (a)(4)(ii) of this 

section.

(ii) Repair of a defect may be delayed beyond 45 days if 

you determine that repair of the defect requires emptying or 

temporary removal from service of the storage vessel and no 

alternative storage capacity is available at the site to accept 

the removed material. In this case, repair the defect the next 

time alternative storage capacity becomes available and the 

storage vessel can be emptied or temporarily removed from 

service.

(b) If you elect to use an internal floating roof storage 

vessel or external floating roof storage vessel to comply with 

the requirements specified in Table 3 to this subpart, you must 

meet all requirements of §§63.1060 through 63.1067 of subpart WW 

of this part for internal floating roof storage vessels or 

external floating roof storage vessels, as applicable.

(c) For each pressure vessel used to comply with the 

requirements specified in Table 3 to this subpart, you must meet 

the requirements in paragraphs (c)(1) through (4) of this 

section.

(1) Whenever the pressure vessel is in hazardous air 

pollutants (HAP) service, you must operate the pressure vessel 

as a closed system that does not vent to the atmosphere, e.g., 
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during filling, emptying and purging. The vent stream during 

filling, emptying and purging must meet the requirements of 

§63.11925(a) and (b).

(2) Each opening in the pressure vessel must be equipped 

with a closure device designed to operate such that when the 

closure device is secured in the closed position there are no 

visible cracks, holes, gaps or other open spaces in the closure 

device or between the perimeter of the opening and the closure 

device.

(3) All potential leak interfaces must be monitored 

annually for leaks using the procedures specified in §63.11915. 

You must comply with the recordkeeping provisions specified in 

§63.11990(b) and the reporting provisions specified in 

§63.11985(a)(1), (b)(1), and (c)(8). For any leak detected, you 

must submit the report specified in paragraph (c)(4) of this 

section.

(4) Pressure vessel closure devices must not discharge to 

the atmosphere. Any such release (e.g., leak) constitutes a 

violation of this rule. Within 10 days of any such release, you 

must submit to the Administrator the report specified in 

§63.11985(c)(8). This report is required even if you elect to 

follow the procedures specified in §63.11895 to establish an 

affirmative defense.
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§63.11915 What are my compliance requirements for equipment 

leaks?

For equipment (as defined in §63.12005) in HAP service, you 

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

of this section.

(a) Requirement for certain equipment in subpart UU of this 

part. You must comply with §§63.1020 through 63.1025, 63.1027, 

63.1029 through 63.1032, and 63.1034 through 63.1039 of subpart 

UU of this part.

(b) Requirements for pumps, compressors, and agitators. You 

must meet the requirements of paragraphs (b)(1) and (2) of this 

section. For each type of equipment specified in paragraphs 

(b)(1) and (2) of this section, you must also meet the 

requirements of paragraph (a) of this section.

(1) Rotating pumps. HAP emissions from seals on all 

rotating pumps in HAP service are to be minimized by either 

installing sealless pumps, pumps with double mechanical seals or 

equivalent equipment, or by complying with the requirements of 

40 CFR part 63, subpart UU for rotating pumps. If double 

mechanical seals are used, emissions from the seals are to be 

minimized by maintaining the pressure between the two seals so 

that any leak that occurs is into the pump; by complying with 
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§63.11925(a) and (b); or equivalent equipment or procedures 

approved by the Administrator.

(2) Reciprocating pumps, rotating compressors, 

reciprocating compressors and agitators. HAP emissions from 

seals on all reciprocating pumps, rotating compressors, 

reciprocating compressors and agitators in HAP service are to be 

minimized by either installing double mechanical seals or 

equivalent equipment, or by complying with the requirements of 

40 CFR part 63, subpart UU for reciprocating pumps, rotating 

compressors, reciprocating compressors and/or agitators. If 

double mechanical seals are used, HAP emissions from the seals 

are to be minimized by maintaining the pressure between the two 

seals so that any leak that occurs is into the pump; by 

complying with §63.11925(a) and (b); or equivalent equipment or 

procedures approved by the Administrator.

(c) Requirements for pressure relief devices. For pressure 

relief devices, you must meet the requirements of this paragraph 

(c) and paragraph (a) of this section. You must install, 

maintain, and operate release indicators as specified in 

paragraphs (c)(1) and (2) of this section unless the pressure 

relief device meets the process vent emission limits in Table 1 

or 2 to this subpart by routing to a closed vent system and 

control device designed and operated in accordance with the 
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requirements in §§63.11925 through 63.11950. For any pressure 

relief devices, you must comply with the recordkeeping 

provisions in §63.11990(c) and reporting provisions in 

§§63.11985(a)(2), (b)(2) and (c)(8). For any release, you must 

submit the report specified in §63.11985(c)(8), as described in 

paragraph (c)(3) of this section. Any release to the atmosphere 

from a pressure relief device in HAP service, as defined in 

§63.12005, without meeting the process vent emission limits in 

Table 1 or 2 to this subpart, constitutes a violation of this 

rule. 

(1) A release indicator must be properly installed on each 

pressure relief device in such a way that it will indicate when 

an emission release has occurred.

(2) Each indicator must be equipped with an alert system 

that will notify an operator immediately and automatically when 

the pressure relief device is open. The alert must be located 

such that the signal is detected and recognized easily by an 

operator.

(3) For any instance that the release indicator indicates 

that a pressure relief device is open, you must notify operators 

that a pressure release has occurred, and, within 10 days of the 

release, you must submit to the Administrator the report 

specified in §63.11985(c)(8). This report is required even if 
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you elect to follow the procedures specified in §63.11895(b) to 

establish an affirmative defense.

§63.11920 What are my initial and continuous compliance 

requirements for heat exchange systems?

(a) Except as provided in paragraph (b) of this section, 

you must perform monitoring to identify leaks of volatile 

organic compounds from each heat exchange system in HAP service 

subject to the requirements of this subpart according to the 

procedures in paragraphs (a)(1) through (4) of this section.

(1) Monitoring locations for closed-loop recirculation heat 

exchange systems. For each closed loop recirculating heat 

exchange system, you must collect and analyze a sample from the 

location(s) described in either paragraph (a)(1)(i) or (ii) of 

this section.

(i) Each cooling tower return line prior to exposure to air 

for each heat exchange system in HAP service.

(ii) Selected heat exchanger exit line(s) so that each heat 

exchanger or group of heat exchangers within a heat exchange 

system is covered by the selected monitoring location(s).

(2) Monitoring locations for once-through heat exchange 

systems. For each once-through heat exchange system, you must 

collect and analyze a sample from the location(s) described in 

paragraph (a)(2)(i) of this section. You may also elect to 
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collect and analyze an additional sample from the location(s) 

described in paragraph (a)(2)(ii) of this section.

(i) Selected heat exchanger exit line(s) so that each heat 

exchanger or group of heat exchangers in HAP service within a 

heat exchange system is covered by the selected monitoring 

location(s).

(ii) The inlet water feed line for a once-through heat 

exchange system prior to any heat exchanger. If multiple heat 

exchange systems use the same water feed (i.e., inlet water from 

the same primary water source), you may monitor at one 

representative location and use the monitoring results for that 

sampling location for all heat exchange systems that use that 

same water feed.

(3) Monitoring method. You must determine the total 

strippable volatile organic compounds concentration or vinyl 

chloride concentration at each monitoring location using one of 

the analytical methods specified in paragraphs (a)(3)(i) through 

(iii) of this section.

(i) Determine the total strippable volatile organic 

compounds concentration (in parts per million by volume) as 

methane from the air stripping testing system using "Air 

Stripping Method (Modified El Paso Method) for Determination of 

Volatile Organic Compound Emissions from Water Sources," 
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Revision Number One, dated January 2003, Sampling Procedures 

Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas 

Commission on Environmental Quality, January 31, 2003 

(incorporated by reference, see §63.14) using a flame ionization 

detector analyzer.

(ii) Determine the total strippable volatile organic 

compounds concentration (in parts per billion by weight) in the 

cooling water using Method 624 at 40 CFR part 136, appendix A. 

The target list of compounds shall be generated based on a presurvey sample and analysis by gas chromatography/mass 

spectrometry and process knowledge to include all compounds that 

can potentially leak into the cooling water. If Method 624 of 

part 136, appendix A is not applicable for all compounds that 

can potentially leak into the cooling water for a given heat 

exchange system, you cannot use this monitoring method for that 

heat exchange system.

(iii) Determine the vinyl chloride concentration (in parts 

per billion by weight) in the cooling water using Method 107 at 

40 CFR part 61, appendix A.

(4) Monitoring frequency. You must determine the total 

strippable volatile organic compounds or vinyl chloride 

concentration at each monitoring location at the frequencies 

specified in paragraphs (a)(4)(i) and (ii) of this section.
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(i) For heat exchange systems for which you have not 

delayed repair of any leaks, monitor at least monthly. You may 

elect to monitor more frequently than the minimum frequency 

specified in this paragraph.

(ii) If you elect to monitor the inlet water feed line for 

a once-through heat exchange system as provided in paragraph 

(a)(2)(ii) of this section, you must monitor the inlet water 

feed line at the same frequency used to monitor the heat 

exchange exit line(s), as required in paragraph (a)(2)(i) of 

this section.

(b) A heat exchange system is not subject to the monitoring 

requirements in paragraph (a) of this section if it meets any 

one of the criteria in paragraphs (b)(1) through (3) of this 

section.

(1) All heat exchangers that are in HAP service within the 

heat exchange system operate with the minimum pressure on the 

cooling water side at least 35 kilopascals greater than the

maximum pressure on the process side.

(2) The heat exchange system does not contain any heat 

exchangers that are in HAP service.

(3) The heat exchange system has a maximum cooling water 

flow rate of 10 gallons per minute or less.
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(c) The leak action levels for both existing and new 

sources are specified in paragraphs (c)(1) through (3) of this 

section.

(1) If you elect to monitor your heat exchange system by 

using the monitoring method specified in paragraph (a)(3)(i) of 

this section, then the leak action level is a total strippable 

volatile organic compounds concentration (as methane) in the 

stripping gas of 3.9 parts per million by volume.

(2) If you elect to monitor your heat exchange system by 

using the monitoring method specified in paragraph (a)(3)(ii) of 

this section, then the leak action level is a total strippable 

volatile organic compounds concentration in the cooling water of 

50 parts per billion by weight.

(3) If you elect to monitor your heat exchange system by 

using the monitoring method specified in paragraph (a)(3)(iii) 

of this section, then the leak action level is a vinyl chloride 

concentration in the cooling water of 50 parts per billion by 

weight.

(d) A leak is defined as specified in paragraph (d)(1) or 

(d)(2) of this section, as applicable.

(1) For once-through heat exchange systems for which you 

monitor the inlet water feed, as described in paragraph 

(a)(2)(ii) of this section, a leak is detected if the difference 
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in the measurement value of the sample taken from a location 

specified in paragraph (a)(2)(i) of this section and the 

measurement value of the corresponding sample taken from the 

location specified in paragraph (a)(2)(ii) of this section 

equals or exceeds the leak action level.

(2) For all other heat exchange systems, a leak is detected 

if a measurement value taken according to the requirements in 

paragraph (a) of this section equals or exceeds the leak action 

level.

(e) If a leak is detected, you must repair the leak to 

reduce the measured concentration to below the applicable action 

level as soon as practicable, but no later than 45 days after 

identifying the leak, except as specified in paragraphs (f) and 

(g) of this section. Repair includes re-monitoring as specified 

in paragraph (a) of this section to verify that the measured

concentration is below the applicable action level. Actions that 

you can take to achieve repair include but are not limited to:

(1) Physical modifications to the leaking heat exchanger, 

such as welding the leak or replacing a tube;

(2) Blocking the leaking tube within the heat exchanger;

(3) Changing the pressure so that water flows into the 

process fluid;
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(4) Replacing the heat exchanger or heat exchanger bundle; 

or

(5) Isolating, bypassing or otherwise removing the leaking 

heat exchanger from service until it is otherwise repaired.

(f) If you detect a leak when monitoring a cooling tower 

return line or heat exchanger exit line under paragraph (a) of 

this section, you may conduct additional monitoring following 

the requirements in paragraph (a) of this section to further 

isolate each heat exchanger or group of heat exchangers in HAP 

service within the heat exchange system for which the leak was 

detected. If you do not detect any leaks when conducting 

additional monitoring for each heat exchanger or group of heat 

exchangers, the heat exchange system is excluded from repair 

requirements in paragraph (d) of this section.

(g) The delay of repair action level is defined as either a 

total strippable volatile organic compounds concentration (as 

methane) in the stripping gas of 39 parts per million by volume 

or a total strippable volatile organic compounds concentration 

in the cooling water of 500 ppbw or a vinyl chloride 

concentration in the cooling water of 500 ppbw. While you remain 

below the repair action level, you may delay the repair of a 

leaking heat exchanger only if one of the conditions in 

paragraphs (g)(1) or (g)(2) of this section is met. If you 
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exceed the repair action level you must repair according to 

paragraph (d). You must determine if a delay of repair is 

necessary as soon as practicable, but no later than 45 days 

after first identifying the leak.

(1) If the repair is technically infeasible without a 

shutdown and the total strippable volatile organic compounds or 

vinyl chloride concentration is initially and remains less than 

the delay of repair action level for all monitoring periods 

during the delay of repair, you may delay repair until the next 

scheduled shutdown of the heat exchange system. If, during 

subsequent monitoring, the total strippable volatile organic 

compounds or vinyl chloride concentration is equal to or greater 

than the delay of repair action level, you must repair the leak 

within 30 days of the monitoring event in which the total 

strippable volatile organic compounds or vinyl chloride 

concentration was equal to or exceeded the delay of repair 

action level.

(2) If the necessary equipment, parts, or personnel are not 

available and the total strippable volatile organic compounds or 

vinyl chloride concentration is initially and remains less than 

the delay of repair action level for all monitoring periods 

during the delay of repair, you may delay the repair for a 

maximum of 120 days from the day the leak was first identified. 
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You must demonstrate that the necessary equipment, parts or 

personnel were not available. If, during subsequent monthly 

monitoring, the total strippable volatile organic compounds or 

vinyl chloride concentration is equal to or greater than the 

delay of repair action level, you must repair the leak within 30 

days of the monitoring event in which the leak was equal to or 

exceeded the total strippable volatile organic compounds or 

vinyl chloride delay of repair action level.

(h) To delay the repair under paragraph (g) of this 

section, you must record the information in paragraphs (h)(1) 

through (h)(4) of this section.

(1) The reason(s) for delaying repair.

(2) A schedule for completing the repair as soon as 

practical.

(3) The date and concentration of the leak as first 

identified and the results of all subsequent monitoring events 

during the delay of repair.

(4) An estimate of the potential emissions from the leaking 

heat exchange system following the procedures in paragraphs 

(h)(4)(i) and (ii) of this section.

(i) Determine the total strippable volatile organic 

compounds or vinyl chloride concentration in the cooling water, 

in parts per billion by weight. If the Modified El Paso Method 
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is used, calculate the total strippable volatile organic 

compounds concentration in the cooling water using equation 7-1 

from "Air Stripping Method (Modified El Paso Method) for 

Determination of Volatile Organic Compound Emissions from Water 

Sources," Revision Number One, dated January 2003, Sampling 

Procedures Manual, Appendix P: Cooling Tower Monitoring, 

prepared by Texas Commission on Environmental Quality, January 

31, 2003 (incorporated by reference, see §63.14) and the total 

strippable volatile organic compounds concentration measured in 

the stripped air.

(ii) Calculate the emissions for the leaking heat exchange 

system by multiplying the volatile organic compounds or vinyl 

chloride concentration in the cooling water, ppbw, by the flow 

rate of the cooling water at the selected monitoring location 

and by the expected duration of the delay according to equation 

(1) of this section. The flow rate may be based on direct 

measurement, pump curves, heat balance calculations or other 

engineering methods.

 (Eq. 1)

Where:

EL = Emissions from leaking heat exchange system, pounds 

of volatile organic compounds or vinyl chloride.

CVC = Actual measured concentration of total strippable 

volatile organic compounds or vinyl chloride 
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measured in the cooling water, parts per billion 

by weight (ppbw).

VCW = Total volumetric flow rate of cooling water, 

gallons per minute (gpm).

ρCW = Density of cooling water, pounds per gallon 

(lb/gal).

Ddelay = Expected duration of the repair delay, days.

§63.11925 What are my initial and continuous compliance 

requirements for process vents?

Each process vent must meet the requirements of paragraphs 

(a) through (h) of this section.

(a) Emission limits. Each process vent must meet the 

emission limits in Table 1 or 2 to this subpart prior to the 

vent stream being exposed to the atmosphere. The emission limits 

in Table 1 or 2 to this subpart apply at all times. The emission 

limits in Table 1 or 2 to this subpart must not be met through 

dilution.

(b) Closed vent systems and control devices. Each batch 

process vent, continuous process vent and miscellaneous vent 

must be routed through a closed vent system to a control device. 

All gas streams routed to the closed vent system and control 

device must be for a process purpose and not for the purpose of 

diluting the process vent to meet the emission limits in Table 1 

or 2 to this subpart. Each control device used to comply with 

paragraph (a) of this section must meet the requirements of 
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§§63.11925 and 63.11940, and all closed vent systems must meet 

the requirements in §63.11930. You must not use a flare to 

comply with the emission limits in Table 1 or 2 to this subpart.

(c) General monitoring requirements. Except as provided in 

paragraphs (c)(1) through (3) of this section, for each control 

device used to comply with the process vent emission limit 

specified in Table 1 or 2 to this subpart, you must install and 

operate a continuous parameter monitoring system (CPMS) to 

monitor each operating parameter specified in §63.11940(a) 

through (h) to comply with your operating limit(s) required in 

§63.11880(b)

(1) Hydrogen chloride continuous emission monitoring system 

(CEMS). In lieu of establishing operating limits in §63.11880(b) 

and using CPMS to comply with the operating limits, as specified 

in §63.11940(a) through (h), upon promulgation of a performance 

specification for hydrogen chloride CEMS, new and existing 

sources have the option to install a hydrogen chloride CEMS to 

demonstrate initial and continuous compliance with the hydrogen 

chloride emission limit for process vents, as specified in 

paragraphs (d) and (e) of this section.

(2) Dioxin/furan CEMS. In lieu of establishing operating 

limits in §63.11880(b) and using CPMS to comply with the 

operating limits as specified in §63.11940(a) through (h), upon 
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promulgation of a performance specification for dioxin/furan 

CEMS, new and existing sources have the option to install a 

dioxin/furan CEMS to demonstrate initial and continuous 

compliance with the dioxins/furan emission limit for process 

vents, as specified in paragraphs (d) and (e) of this section.

(3) Total hydrocarbon CEMS. In lieu of establishing 

operating limits in §63.11880(b) and using CPMS to comply with 

the operating limits as specified in §63.11940(a) through (h), 

new and existing affected sources have the option to install a 

total hydrocarbon CEMS to demonstrate initial and continuous 

compliance with the total organic HAP emission limit for process 

vents, as specified in paragraphs (d) and (e) of this section.

(d) Initial compliance. To demonstrate initial compliance 

with the emission limits in Table 1 or 2 to this subpart, you 

must comply with paragraphs (d)(1) through (5) of this section.

(1) You must conduct an initial inspection as specified in 

§63.11930(d) for each closed vent system.

(2) For each CEMS and CPMS required or that you elect to 

use as specified in paragraph (c) of this section, you must 

prepare the quality control program and site-specific 

performance evaluation test plan as specified in §63.11935(b) 

and site-specific monitoring plan specified in §63.11935(c), 

respectively.
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(3) For each CEMS and CPMS required or that you elect to 

use as specified in paragraph (c) of this section, you must 

install, operate, and maintain the CEMS and CPMS as specified in 

§§63.11935(b) and (c), respectively, and you must conduct an 

initial site-specific performance evaluation test according to 

your site-specific monitoring plan and §§63.11935(b)(3) and 

(c)(4), respectively.

(4) For each emission limit for which you use a CEMS to 

demonstrate compliance, you must demonstrate initial compliance 

with the emission limits in Table 1 or 2 to this subpart based 

on 3-hour block averages of CEMS data collected at the minimum 

frequency specified in §§63.11935(b)(2) and 63.11890(c), and 

calculated using the data reduction method specified in 

§63.11935(e). For a CEMS used on a batch operation, you may use 

a data averaging period based on an operating block in lieu of 

the 3-hour averaging period.

(5) For each emission limit in Table 1 or 2 for which you 

do not use a CEMS to demonstrate compliance, you must meet the 

requirements of paragraphs (d)(5)(i) and (ii) of this section.

(i) You must conduct an initial performance test according 

to the requirements in §63.11945 to demonstrate compliance with 

the total organic HAP, vinyl chloride, hydrogen chloride, or 

dioxin/furan emission limit in Table 1 or 2 to this subpart.
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(ii) During the performance test specified in paragraph 

(d)(5)(i) of this section, for each CPMS installed and operated 

as specified in paragraph (d)(2) of this section, you must 

establish an operating limit as the operating parameter range, 

minimum operating parameter level, or maximum operating 

parameter level specified in §63.11935(d). Each operating limit 

must be based on the data averaging period for compliance 

specified in Table 6 to this subpart using data collected at the 

minimum frequency specified in §§63.11935(c)(2) and 63.11890(c), 

and calculated using the data reduction method specified in 

§63.11935(e). For a CPMS used on a batch operation, you may use 

a data averaging period based on an operating block in lieu of 

the averaging period specified in Table 6 to this subpart.

(e) Continuous compliance. To demonstrate continuous 

compliance with the emission limits in Table 1 or 2 to this 

subpart for each process vent, you must comply with paragraphs 

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

(1) You must meet the requirements in §63.11930 for each 

closed vent system.

(2) You must operate and maintain each CEMS and CPMS 

required in paragraph (c) of this section as specified in 

§63.11935(b) and (c), respectively.
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(3) For each emission limit for which you use a CEMS to 

demonstrate compliance, you must meet the requirements in 

paragraphs (e)(3)(i) and (ii) of this section.

(i) You must conduct a periodic site-specific CEMS 

performance evaluation test according to your quality control 

program and site-specific performance evaluation test plan 

specified in §63.11935(b)(1).

(ii) You must demonstrate continuous compliance with the 

emission limits in Table 1 or 2 to this subpart based on 3-hour 

block averages of CEMS data, the minimum data collection 

frequency specified in §§63.11935(b)(2) and 63.11890(c), and the 

data reduction method specified in §63.11935(e). For a CEMS used 

on a batch operation, you may use a data averaging period based 

on an operating block in lieu of the 3-hour averaging period.

(4) For each emission limit for which you do not use a CEMS 

to demonstrate compliance, you must meet the requirements of 

paragraphs (e)(4)(i) and (ii) of this section.

(i) You must conduct a performance test once every five 

years according to the requirements in §63.11945 for each 

pollutant in Table 1 or 2 to this subpart.

(ii) For each CPMS operated and maintained as specified in 

paragraph (e)(2) of this section, you must meet the requirements 
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specified in paragraphs (e)(4)(ii)(A) through (C) of this 

section.

(A) You must conduct periodic site-specific CPMS 

performance evaluation tests according to your site-specific 

monitoring plan and §63.11935(c).

(B) For each control device being monitored, you must 

continuously collect CPMS data consistent with §63.11890(c) and 

your site-specific monitoring plan. You must continuously 

determine the average value of each monitored operating 

parameter based on the data collection and reduction methods 

specified in §§63.11935(c)(2) and 63.11935(e), and the 

applicable data averaging period for compliance specified in 

Table 6 to this subpart for all periods the process is 

operating. For a CPMS used on a batch operation, you may use a 

data averaging period based on an operating block in lieu of the 

averaging periods specified in Table 6 to this subpart.

(C) You must demonstrate continuous compliance with each 

operating limit established in paragraph (d)(4)(iii) of this 

section using these average values calculated in paragraph 

(e)(4)(ii)(B) of this section.

(5) Each closed vent system and control device used to 

comply with an emission limit in Table 1 or 2 to this subpart 
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must be operated at all times when emissions are vented to, or 

collected by, these systems or devices.

(f) To demonstrate compliance with the dioxin/furan toxic 

equivalency emission limit specified in Table 1 or 2 to this 

subpart, you must determine dioxin/furan toxic equivalency as 

specified in paragraphs (f)(1) through (3) of this section.

(1) Measure the concentration of each dioxin/furan tetrathrough octachlorinated-congener emitted using Method 23 at 40 

CFR part 60, appendix A-7.

(2) For each dioxin/furan (tetra-through octachlorinated) 

congener measured in accordance with paragraph (f)(1) of this 

section, multiply the congener concentration by its 

corresponding toxic equivalency factor specified in Table 7 to 

this subpart.

(3) Sum the products calculated in accordance with 

paragraph (f)(2) of this section to obtain the total 

concentration of dioxins/furans emitted in terms of toxic 

equivalency.

(g) Emission profile. You must characterize each process 

vent by developing an emissions profile for each contributing 

continuous process vent, miscellaneous vent and batch process 

vent according to paragraphs (g)(i) through (iii) of this 

section.
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(i) For batch process vents, the emissions profile must:

(A) Describe the characteristics of the batch process vent 

under worst-case conditions.

(B) Determine emissions per episode and batch process vent 

emissions according to the procedures specified in §63.11950.

(ii) For continuous process vents, the flow rate and 

concentration must be determined according to paragraphs 

(g)(ii)(A) through (C) or according to paragraph (g)(ii)(D):

(A)(1) Method 1 or 1A of 40 CFR part 60, appendix A, as 

appropriate, shall be used for selection of the sampling site. 

The sampling site shall be after the last recovery device (if 

any recovery devices are present) but prior to being combined 

with any other continuous process vent, batch process vent, or 

miscellaneous vent, prior to the inlet of any control device 

that is present and prior to release to the atmosphere.

(2) No traverse site selection method is needed for vents 

smaller than 0.10 meter in diameter.

(B) The gas volumetric flow rate shall be determined using 

Method 2, 2A, 2C or 2D of 40 CFR part 60, appendix A, as 

appropriate.

(C) (1) Method 18 or Method 25A of 40 CFR part 60, appendix 

A shall be used to measure concentration; alternatively, any 
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other method or data that has been validated according to the 

protocol in Method 301 of appendix A of this part may be used.

(2) Where Method 18 of 40 CFR part 60, appendix A is used, 

the following procedures shall be used to calculate parts per 

million by volume concentration:

(i) The minimum sampling time for each run shall be 1 hour 

in which either an integrated sample or four grab samples shall 

be taken. If grab sampling is used, then the samples shall be 

taken at approximately equal intervals in time, such as 15-

minute intervals during the run.

(ii) The concentration of either total organic compounds

(TOC) (minus methane and ethane) or organic HAP shall be 

calculated according to paragraph (c)(3)(ii)(A) or (c)(3)(ii)(B) 

of this section as applicable.

(A) The TOC concentration (CTOC) is the sum of the 

concentrations of the individual components and shall be 

computed for each run using equation 1 of this section:

(Eq. 1)

where:

CTOC=Concentration of TOC (minus methane and ethane), dry 

basis, parts per million by volume.
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Cji=Concentration of sample component j of the sample i, dry 

basis, parts per million by volume.

n=Number of components in the sample.

x=Number of samples in the sample run.

(B) The total organic HAP concentration (CHAP) shall be 

computed according to the equation in paragraph (c)(3)(ii)(A) of 

this section except that only the organic HAP species shall be 

summed. The list of organic HAP is provided in table 2 of 

subpart F of this part.

(3) Where Method 25A of 40 CFR part 60, appendix A is used, 

the following procedures shall be used to calculate parts per 

million by volume TOC concentration:

(i) Method 25A of 40 CFR part 60, appendix A, shall be used 

only if a single organic HAP compound is greater than 50 percent 

of total organic HAP, by volume, in the vent stream.

(ii) The vent stream composition may be determined by 

either process knowledge, test data collected using an 

appropriate EPA method, or a method or data validated according 

to the protocol in Method 301 of appendix A of this part. 

Examples of information that could constitute process knowledge 

include calculations based on material balances, process 

stoichiometry, or previous test results provided the results are 

still relevant to the current vent stream conditions.
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(iii) The organic HAP used as the calibration gas for 

Method 25A of 40 CFR part 60, appendix A shall be the single

organic HAP compound present at greater than 50 percent of the 

total organic HAP by volume.

(iv) The span value for Method 25A of 40 CFR part 60, 

appendix A shall be 50 parts per million by volume.

(v) Use of Method 25A of 40 CFR part 60, appendix A is 

acceptable if the response from the high-level calibration gas 

is at least 20 times the standard deviation of the response from 

the zero calibration gas when the instrument is zeroed on the 

most sensitive scale.

(D) Engineering assessment including, but not limited to, 

the following:

(1) Previous test results provided the tests are 

representative of current operating practices at the process 

unit.

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

the process under representative operating conditions.

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

emission rate, or net heating value limit specified or implied 

within a permit limit applicable to the process vent.

(4) Design analysis based on accepted chemical engineering 

principles, measurable process parameters, or physical or 
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chemical laws or properties. Examples of analytical methods 

include, but are not limited to:

(i) Use of material balances based on process stoichiometry 

to estimate maximum organic HAP concentrations,

(ii) Estimation of maximum flow rate based on physical 

equipment design such as pump or blower capacities,

(iii) Estimation of TOC or organic HAP concentrations based 

on saturation conditions,

(iv) Estimation of maximum expected net heating value based 

on the vent stream concentration of each organic compound or, 

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

compound with the highest heating value.

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

engineering assessment shall be documented.

(iii) For miscellaneous process vents the emissions profile 

must be determined according to paragraph (g)(ii)(D) of this 

section. 

(h) Process changes. Except for temporary shutdowns for 

maintenance activities, if you make a process change such that, 

as a result of that change, you are subject to a different 

process vent limit in Table 1 or 2 to this subpart, then you 

must meet the requirements of §63.11896.

§63.11930 What requirements must I meet for closed vent systems?
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(a) General. To route emissions from process vents subject 

to the emission limits in Table 1 or 2 to this subpart to a 

control device, you must use a closed vent system and meet the 

requirements of this section and all provisions referenced in 

this section. However, if you operate and maintain your closed 

vent system in vacuum service as defined in §63.12005, you must 

meet the requirements in paragraph (h) of this section and are 

not required to meet the requirements in paragraphs (a) through 

(g) of this section.

(b) Collection of emissions. Each closed vent system must 

be designed and operated to collect the HAP vapors from each 

continuous process vent, miscellaneous process vent and batch 

process vent, and to route the collected vapors to a control 

device.

(c) Bypass. For each closed vent system that contains a 

bypass as defined in §63.12005 (e.g., diverting a vent stream 

away from the control device or causing air intrusion into the

control device), you must not discharge to the atmosphere 

through the bypass. Any such release constitutes a violation of 

this rule. The use of any bypass diverted to the atmosphere 

during a performance test invalidates the performance test. You 

must comply with the provisions of either paragraph (c)(1) and 
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(2) of this section for each closed vent system that contains a 

bypass that could divert a vent stream to the atmosphere.

(1) Bypass flow indicator. Install, maintain, and operate a 

flow indicator as specified in paragraphs (c)(1)(i) through (iv) 

of this section.

(i) The flow indicator must be properly installed at the 

entrance to any bypass.

(ii) The flow indicator must be equipped with an alarm 

system that will alert an operator immediately, and 

automatically when flow is detected in the bypass. The alarm 

must be located such that the alert is detected and recognized 

easily by an operator.

(iii) If the alarm is triggered, you must immediately 

initiate procedures to identify the cause of the alarm. If any 

closed vent system has discharged to the atmosphere through a 

vent or bypass, you must initiate procedures to stop the bypass 

discharge.

(iv) For any instances where the flow indicator alarm is 

triggered, you must submit to the Administrator within 10 days 

of the discharge the report specified in §63.11985(c)(8). This 

report is required even if you elect to follow the procedures 

specified in §63.11895 to establish an affirmative defense and 

submit the reports specified in §63.11985(c)(4).
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(2) Bypass valve configuration. Secure the bypass valve in 

the non-diverting position with a car-seal or a lock-and-key 

type configuration.

(i) You must visually inspect the seal or closure mechanism 

at least once every month to verify that the valve is maintained 

in the non-diverting position, and the vent stream is not 

diverted through the bypass. A broken seal or closure mechanism 

or a diverted valve constitutes a violation from the emission 

limits in Table 1 or 2 to this subpart. You must maintain the 

records specified in paragraph (g)(1)(ii) of this section.

(ii) For each seal or closure mechanism, you must comply 

with either paragraph (c)(2)(ii)(A) or (B) of this section.

(A) For each instance that you change the bypass valve to 

the diverting position, you must submit to the Administrator 

within 10 days of the action the report specified in 

§63.11985(c)(8). This report is required even if you elect to 

follow the procedures specified in §63.11895 to establish an 

affirmative defense and submit the reports specified in 

§63.11985(c)(4).

(B) You must install, maintain, and operate a bypass flow 

indicator as specified in paragraphs (c)(1)(i) and (ii) of this 

section and you must meet the requirements in paragraph 
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(c)(1)(iii) and (iv) of this section for each instance that the

flow indicator alarm is triggered.

(d) Closed vent system inspection and monitoring 

requirements. Except as provided in paragraph (d)(3) of this 

section, you must inspect each closed vent system as specified 

in paragraph (d)(1) or (2) of this section.

(1) Hard-piping inspection. If the closed vent system is 

constructed of hard-piping, you must comply with the 

requirements specified in paragraphs (d)(1)(i) and (ii) of this 

section.

(i) Conduct an initial inspection according to the 

procedures in paragraph (e) of this section.

(ii) Conduct annual inspections for visible, audible, or 

olfactory indications of leaks.

(2) Ductwork inspection. If the closed vent system is 

constructed of ductwork, you must conduct initial and annual 

inspections according to the procedures in paragraph (e) of this 

section.

(3) Equipment that is unsafe to inspect. You may designate 

any parts of the closed vent system as unsafe to inspect if you 

determine that personnel would be exposed to an immediate danger 

as a consequence of complying with the initial and annual closed 

vent system inspection requirements of this subpart.
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(e) Closed vent system inspection procedures. Except as 

provided in paragraph (e)(4) of this section, you must comply 

with all provisions of paragraphs (e)(1) through (e)(3) of this 

section.

(1) General. Inspections must be performed during periods 

when HAP is being collected by or vented through the closed vent 

system. A leak is indicated by an instrument reading greater 

than 500 parts per million by volume above background or by 

visual inspection.

(2) Inspection procedures. Each closed vent system subject 

to this paragraph (e)(2) must be inspected according to the 

procedures specified in paragraphs (e)(2)(i) through (vii) of 

this section.

(i) Inspections must be conducted in accordance with Method 

21 at 40 CFR part 60, appendix A-7, except as otherwise 

specified in this section.

(ii) Except as provided in paragraph (e)(2)(iii) of this 

section, the detection instrument must meet the performance 

criteria of Method 21 at 40 CFR part 60, appendix A-7, except 

the instrument response factor criteria in section 8.1.1.2 of 

Method 21 must be for the representative composition of the 

process fluid and not of each individual volatile organic 

compound in the stream. For process streams that contain 
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nitrogen, air, water or other inerts that are not organic HAP or 

volatile organic compound, the representative stream response 

factor must be determined on an inert-free basis. You may 

determine the response factor at any concentration for which you 

will monitor for leaks.

(iii) If no instrument is available at the plant site that 

will meet the performance criteria of Method 21 at 40 CFR part 

60, appendix A-7 specified in paragraph (e)(2)(ii) of this 

section, the instrument readings may be adjusted by multiplying 

by the representative response factor of the process fluid, 

calculated on an inert-free basis as described in paragraph 

(e)(2)(ii) of this section.

(iv) The detection instrument must be calibrated before use 

on each day of its use by the procedures specified in Method 21 

at 40 CFR part 60, appendix A-7.

(v) Calibration gases must be as specified in paragraphs 

(e)(2)(v)(A) through (D) of this section.

(A) Zero air (less than 10 parts per million by volume 

hydrocarbon in air).

(B) Mixtures of methane in air at a concentration less than 

10,000 parts per million by volume. A calibration gas other than 

methane in air may be used if the instrument does not respond to 

methane or if the instrument does not meet the performance 
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criteria specified in paragraph (e)(2)(ii) of this section. In 

such cases, the calibration gas may be a mixture of one or more 

of the compounds to be measured in air.

(C) If the detection instrument's design allows for 

multiple calibration scales, then the lower scale must be 

calibrated with a calibration gas that is no higher than 2,500 

parts per million by volume.

(D) Perform a calibration drift assessment, at a minimum, 

at the end of each monitoring day. Check the instrument using 

the same calibration gas(es) that were used to calibrate the 

instrument before use. Follow the procedures specified in Method 

21 at 40 CFR part 60, appendix A-7, Section 10.1, except do not 

adjust the meter readout to correspond to the calibration gas 

value. Record the instrument reading for each scale used as 

specified in paragraph (g)(4) of this section. Divide these 

readings by the initial calibration values for each scale and 

multiply by 100 to express the calibration drift as a 

percentage. If any calibration drift assessment shows a negative 

drift of more than 10 percent from the initial calibration 

value, then all equipment monitored since the last calibration 

with instrument readings below the appropriate leak definition 

and above the leak definition multiplied by the value specified 

in paragraph (e)(2)(v)(D)(1) of this section must be re-
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monitored. If any calibration drift assessment shows a positive 

drift of more than 10 percent from the initial calibration 

value, then, at your discretion, all equipment since the last 

calibration with instrument readings above the appropriate leak 

definition and below the leak definition multiplied by the value 

specified in paragraph (e)(2)(v)(D)(2) of this section may be 

re-monitored.

(1) 100 minus the percent of negative drift, divided by 

100.

(2) 100 plus the percent of positive drift, divided by 100.

(vi) You may elect to adjust or not adjust instrument 

readings for background. If you elect not to adjust readings for 

background, all such instrument readings must be compared 

directly to 500 parts per million by volume to determine whether 

there is a leak. If you elect to adjust instrument readings for 

background, you must measure background concentration using the 

procedures in this section. You must subtract the background 

reading from the maximum concentration indicated by the 

instrument.

(vii) If you elect to adjust for background, the arithmetic 

difference between the maximum concentration indicated by the 

instrument and the background level must be compared with 500 
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parts per million by volume for determining whether there is a 

leak.

(3) Instrument probe. The instrument probe must be 

traversed around all potential leak interfaces as described in 

Method 21 at 40 CFR part 60, appendix A-7.

(4) Unsafe-to-inspect written plan requirements. For 

equipment designated as unsafe to inspect according to the 

provisions of paragraph (d)(3) of this section, you must 

maintain and follow a written plan that requires inspecting the 

equipment as frequently as practical during safe-to-inspect 

times, but not more frequently than the annual inspection 

schedule otherwise applicable. You must still repair unsafe-toinspect equipment according to the procedures in paragraph (f) 

of this section if a leak is detected.

(f) Closed vent system leak repair provisions. The 

provisions of this paragraph (f) apply to closed vent systems 

collecting HAP from an affected source.

(1) Leak repair general for hard-piping. If there are 

visible, audible, or olfactory indications of leaks at the time 

of the annual visual inspections required by paragraph 

(d)(1)(ii) of this section, you must follow the procedure 

specified in either paragraph (f)(1)(i) or (ii) of this section.

(i) You must eliminate the leak.
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(ii) You must monitor the equipment according to the 

procedures in paragraph (e) of this section and comply with the 

leak repair provisions in paragraph (f)(2) of this section.

(2) Leak repair schedule. Leaks must be repaired as soon as 

practical, except as provided in paragraph (f)(3) of this 

section.

(i) A first attempt at repair must be made no later than 5 

days after the leak is detected.

(ii) Except as provided in paragraph (f)(3) of this 

section, repairs must be completed no later than 15 days after 

the leak is detected or at the beginning of the next 

introduction of vapors to the system, whichever is later.

(3) Delay of repair. Delay of repair of a closed vent 

system for which leaks have been detected is allowed if repair 

within 15 days after a leak is detected is technically 

infeasible or unsafe without a closed vent system shutdown, as 

defined in §63.12005, or if you determine that emissions 

resulting from immediate repair would be greater than the 

emissions likely to result from delay of repair. Repair of such 

equipment must be completed as soon as practical, but not later 

than the end of the next closed vent system shutdown.
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(g) Closed vent system records. For closed vent systems, 

you must record the information specified in paragraphs (g)(1) 

through (5) of this section, as applicable.

(1) Bypass records. For each closed vent system that 

contains a bypass that could divert a vent stream away from the 

control device and to the atmosphere, or cause air intrusion 

into the control device, you must keep a record of the 

information specified in either paragraph (g)(1)(i) or (ii) of 

this section, as applicable.

(i) You must maintain records of any alarms triggered 

because flow was detected in the bypass, including the date and 

time the alarm was triggered, the duration of the flow in the 

bypass, as well as records of the times of all periods when the 

vent stream is diverted from the control device or the flow 

indicator is not operating.

(ii) Where a seal mechanism is used to comply with 

paragraph (c)(2) of this section, hourly records of flow are not 

required. In such cases, you must record that the monthly visual 

inspection of the seals or closure mechanisms has been done, and 

must record the occurrence of all periods when the seal 

mechanism is broken, the bypass valve position has changed, or 

the key for a lock-and-key type lock has been checked out, and 

records of any car-seal that has been broken.
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(2) Inspection records. For each instrumental or visual 

inspection conducted in accordance with paragraph (d)(1) or (2) 

of this section for closed vent systems collecting HAP from an 

affected source during which no leaks are detected, you must 

record that the inspection was performed, the date of the 

inspection, and a statement that no leaks were detected.

(3) Leak records. When a leak is detected from a closed 

vent system collecting HAP from an affected source, the 

information specified in paragraphs (g)(3)(i) through (vi) of 

this section must be recorded and kept for 5 years.

(i) The instrument and the equipment identification number 

and the operator name, initials, or identification number.

(ii) The date the leak was detected and the date of the 

first attempt to repair the leak.

(iii) The date of successful repair of the leak.

(iv) The maximum instrument reading measured by the 

procedures in paragraph (e) of this section after the leak is 

successfully repaired.

(v) Repair delayed and the reason for the delay if a leak 

is not repaired within 15 days after discovery of the leak. You 

may develop a written procedure that identifies the conditions 

that justify a delay of repair. In such cases, reasons for delay 
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of repair may be documented by citing the relevant sections of 

the written procedure.

(vi) Copies of the compliance reports as specified in 

§63.11985(b)(9), if records are not maintained on a computerized 

database capable of generating summary reports from the records.

(4) Instrument calibration records. You must maintain 

records of the information specified in paragraphs (g)(4)(i) 

through (vi) of this section for monitoring instrument 

calibrations conducted according to sections 8.1.2 and 10 of 

Method 21 at 40 CFR part 60, appendix A-7, and paragraph (e) of 

this section.

(i) Date of calibration and initials of operator performing 

the calibration.

(ii) Calibration gas cylinder identification, certification 

date, and certified concentration.

(iii) Instrument scale(s) used.

(iv) A description of any corrective action taken if the 

meter readout could not be adjusted to correspond to the 

calibration gas value in accordance with section 10.1 of Method 

21 at 40 CFR part 60, appendix A-7.

(v) Results of each calibration drift assessment required 

by paragraph (e)(2)(v)(D) of this section (i.e., instrument 

reading for calibration at end of the monitoring day and the 
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calculated percent difference from the initial calibration 

value).

(vi) If you make your own calibration gas, a description of 

the procedure used.

(5) Unsafe-to-inspect records. If you designate equipment 

as unsafe-to-inspect as specified in paragraph (d)(3) of this 

section, you must keep the records specified in paragraph 

(g)(5)(i) and (ii) of this section.

(i) You must maintain the identity of unsafe-to-inspect 

equipment as specified in paragraph (d)(3) of this section.

(ii) You must keep a written plan for inspecting unsafe-toinspect equipment as required by paragraph (e)(4) of this 

section and record all activities performed according to the 

written plan.

(h) Closed vent systems in vacuum service. If you operate 

and maintain a closed vent system in vacuum service as defined 

in §63.12005, you must comply with the requirements in 

paragraphs (h)(1) through (3) of this section, and you are not 

required to comply with any other provisions of this section. 

Any incidence where a closed vent system designed to be in 

vacuum service is operating and not in vacuum service 

constitutes a violation of this rule, unless the closed vent 

system is meeting the requirements in paragraphs (a) through (g) 
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of this section for closed vent systems that are not in vacuum 

service. Any such incidence during a performance test 

invalidates the performance test.

(1) In vacuum service alarm. You must install, maintain, 

and operate a pressure gauge and alarm system that will alert an 

operator immediately and automatically when the pressure is such 

that the closed vent system no longer meets the definition of in 

vacuum service as defined in §63.12005. The alarm must be 

located such that the alert is detected and recognized easily by 

an operator.

(2) In vacuum service alarm procedures. If the alarm is 

triggered for a closed vent system operating in vacuum service 

as specified in paragraph (h)(1) of this section, you must 

immediately initiate procedures to identify the cause of the 

alarm. If the closed vent system is not in vacuum service, you 

must initiate procedures to get the closed vent system back in 

vacuum service as defined in §63.12005, or you must immediately 

comply with the requirements in paragraphs (a) through (g) of 

this section for closed vent systems that are not in vacuum 

service.

(3) In vacuum service alarm records and reports. For any 

incidences where a closed vent system designed to be in vacuum 

service is not in vacuum service, you must submit to the 
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Administrator within 10 days of the incident the report 

specified in §63.11985(c)(8). This report is required even if 

you elect to follow the procedures specified in §63.11895 to 

establish an affirmative defense and submit the reports 

specified in §63.11985(c)(4).

§63.11935 What CEMS and CPMS requirements must I meet to 

demonstrate initial and continuous compliance with the emission 

standards for process vents?

(a) General requirements for CEMS and CPMS. You must meet 

the requirements in paragraph (b) of this section for each CEMS 

specified in §63.11925(c) used to demonstrate compliance with 

the emission limits for process vents in Table 1 or 2 to this 

subpart. You must meet the CPMS requirements in paragraph (c) of 

this section and establish your operating limits in paragraph 

(d) of this section for each operating parameter specified in 

Table 6 to this subpart for each process vent control device 

specified in §63.11925(b) that is used to comply with the 

emission limits for process vents in Table 1 or 2 to this 

subpart, except that flow indicators specified in §63.11940(a) 

are not subject to the requirements of this section.

(b) CEMS. You must install, operate, and maintain each CEMS 

according to paragraphs (b)(1) through (7) of this section and 

continuously monitor emissions.
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(1) You must prepare your quality control program and sitespecific performance evaluation test plan, as specified in 

§63.8(d) and (e). You must submit your performance evaluation 

test plan to the Administrator for approval, as specified in 

§63.8(e)(3).

(2) The monitoring equipment must be capable of providing a 

continuous record, recording data at least once every 15 

minutes.

(3) You must conduct initial and periodic site-specific 

performance evaluations and any required tests of each CEMS 

according to your quality control program and site-specific 

performance evaluation test plan prepared as specified in 

§63.8(d) and (e).

(4) If supplemental gases are added to the control device, 

you must correct the measured concentrations in accordance with 

§63.11945(d)(3).

(5) You must operate and maintain the CEMS in continuous 

operation according to the quality control program and 

performance evaluation test plan. CEMS must record data at least 

once every 15 minutes.

(6) CEMS must meet the minimum accuracy and calibration 

frequency requirements specified in the performance 
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specifications specified in paragraphs (b)(6)(i) and (ii) of 

this section, as applicable.

(i) A hydrogen chloride or dioxin/furan CEMS must meet the 

requirements of the promulgated performance specification for 

the CEMS.

(ii) A total hydrocarbon CEMS must meet the requirements of 

40 CFR Part 60, Appendix B, performance specification 8A.

(7) Before commencing or ceasing use of a CEMS system, you 

must notify the Administrator as specified in paragraphs 

(b)(7)(i) and (ii) of this section.

(i) You must notify the Administrator 1 month before 

starting use of the continuous emissions monitoring system.

(ii) You must notify the Administrator 1 month before 

stopping use of the continuous emissions monitoring system, in 

which case you must also conduct a performance test within 60 

days of ceasing operation of the system.

(c) CPMS. You must install, maintain, and operate each CPMS 

as specified in paragraphs (c)(1) through (6) of this section 

and continuously monitor operating parameters.

(1) As part of your quality control program and sitespecific performance evaluation test plan prepared as specified 

in §63.8(d) and (e), you must prepare a site-specific monitoring 

plan that addresses the monitoring system design, data 
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collection, and the quality assurance and quality control 

elements specified in paragraphs (c)(1)(i) through (v) of this 

section and §63.8(d). You are not required to submit the plan 

for approval unless requested by the Administrator. You may 

request approval of monitoring system quality assurance and 

quality control procedure alternatives to those specified in 

paragraphs (c)(1)(i) through (v) of this section in your sitespecific monitoring plan.

(i) The performance criteria and design specifications for 

the monitoring system equipment, including the sample interface, 

detector signal analyzer, and data acquisition and calculations.

(ii) Sampling interface (e.g., thermocouple) location such 

that the monitoring system will provide representative 

measurements.

(iii) Equipment performance checks, calibrations, or other 

audit procedures.

(iv) Ongoing operation and maintenance procedures in 

accordance with provisions in §63.8(c)(1) and (3).

(v) Ongoing reporting and recordkeeping procedures in 

accordance with provisions in §63.10(c), (e)(1) and (e)(2)(i).

(2) The monitoring equipment must be capable of providing a 

continuous record, recording data at least once every 15 

minutes.
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(3) You must install, operate, and maintain each CPMS 

required in this paragraph (c) according to the procedures and 

requirements in your site-specific monitoring plan.

(4) You must conduct an initial and periodic site-specific 

performance evaluation tests of each CPMS according to your 

site-specific monitoring plan.

(5) All CPMS must meet the specific parameter (e.g., 

minimum accuracy and calibration frequency) requirements 

specified in §63.11940 and Table 8 to this subpart.

(6) Monitoring equipment for temperature, pressure, 

volumetric flow rate, mass flow rate and conductivity must be 

capable of measuring the appropriate parameter over a range that 

extends at least 20 percent beyond the normal expected operating 

range of values for that parameter. The data recording system 

associated with affected CPMS must have a resolution that is 

equal to or better than one-half of the required system 

accuracy.

(d) Establish operating limit. For each operating parameter 

that must be monitored in §63.11925(c) for process vent control 

devices, you must establish an operating limit as specified in 

paragraphs (d)(1) through (4) of this section. You must 

establish each operating limit as an operating parameter range, 

minimum operating parameter level, or maximum operating 
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parameter level as specified in Table 6 to this subpart. Where 

this subpart does not specify which format to use for your 

operating limit (e.g., operating range or minimum operating 

level), you must determine which format is best to establish 

proper operation of the control device such that you are meeting 

the emission limits specified in Table 1 or 2to this subpart.

(1) For process vent control devices, the operating limit 

established for each monitored parameter specified in §63.11940 

must be based on the operating parameter values recorded during 

any performance test conducted to demonstrate compliance in 

§63.11925(d)(4) and (e)(4) and may be supplemented by 

engineering assessments and/or manufacturer's recommendations. 

You are not required to conduct performance tests over the 

entire range of allowed operating parameter values. The 

established operating limit must represent the conditions for 

which the control device is meeting the emission limits 

specified in Table 1 or 2 to this subpart.

(2) You must include as part of the notification of 

compliance status or the operating permit application or 

amendment, the information in paragraphs (d)(2)(i) through (iv) 

of this section, as applicable, for each process vent control 

device requiring operating limits.
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(i) Descriptions of monitoring devices, monitoring 

frequencies and operating scenarios.

(ii) The established operating limit of the monitored 

parameter(s).

(iii) The rationale for the established operating limit, 

including any data and calculations used to develop the 

operating limit and a description of why the operating limit 

indicates proper operation of the control device.

(iv) The rationale used to determine which format to use 

for your operating limit (e.g., operating range, minimum 

operating level or maximum operating level), where this subpart 

does not specify which format to use.

(3) For batch processes, you may establish operating limits 

for individual batch emission episodes, including each distinct 

episode of process vent emissions or each individual type of 

batch process that generates wastewater, if applicable. You must 

provide rationale in a batch precompliance report as specified 

in §63.11985(c)(2) instead of the notification of compliance 

status for the established operating limit. You must include any 

data and calculations used to develop the operating limits and a 

description of why each operating limit indicates proper 

operation of the control device during the specific batch 

emission episode.
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(4) If you elect to establish separate operating limits for 

different batch emission episodes within a batch process as 

specified in paragraph (d)(3) of this section, you must maintain 

daily records indicating each point at which you change from one 

operating limit to another, even if the monitoring duration for 

an operating limit is less than 15 minutes. You must maintain a 

daily record according to §63.11990(e)(4)(i).

(e) Reduction of CPMS and CEMS data. You must reduce CEMS 

and CPMS data to 1-hour averages according to §63.8(g) to 

compute the average values for demonstrating compliance 

specified in §§63.11925(e)(3)(ii), 63.11925(e)(4)(ii)(B), 

63.11960(c)(2) and 63.11975(a)(2) for CEMS and CPMS, as 

applicable.

§63.11940 What continuous monitoring requirements must I meet 

for control devices required to install CPMS to meet the 

emission limits for process vents?

As required in §63.11925(c), you must install and operate 

the applicable CPMS specified in paragraphs (a) through (g) of 

this section for each control device you use to comply with the 

emission limits for process vents in Table 1 or 2 to this 

subpart. You must monitor, record, and calculate CPMS data 

averages as specified in Table 6 to this subpart. Paragraph (g) 
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of this section provides an option to propose alternative 

monitoring parameters or procedures.

(a) Flow indicator. If flow to a control device could be 

intermittent, you must install, calibrate, and operate a flow 

indicator at the inlet or outlet of the control device to 

identify periods of no flow.

(b) Thermal oxidizer monitoring. If you are using a thermal 

oxidizer to meet an emission limit in Table 1 or 2 to this 

subpart and you are required to use CPMS as specified in 

§63.11925(c), you must equip the thermal oxidizer with the 

monitoring equipment specified in paragraphs (b)(1) through (3) 

of this section, as applicable.

(1) If a thermal oxidizer other than a catalytic thermal 

oxidizer is used, you must install a temperature monitoring 

device in the fire box or in the ductwork immediately downstream 

of the fire box in a position before any substantial heat 

exchange occurs.

(2) Except as provided in paragraph (b)(3) of this section, 

where a catalytic thermal oxidizer is used, you must install 

temperature monitoring devices in the gas stream immediately 

before and after the catalyst bed. You must monitor the 

temperature differential across the catalyst bed.
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(3) Instead of complying with paragraph (b)(2) of this 

section, and if the temperature differential between the inlet 

and outlet of the catalytic thermal oxidizer during normal 

operating conditions is less than 10 degrees Celsius (18 degrees 

Fahrenheit), you may elect to monitor the inlet temperature and 

conduct catalyst checks as specified in paragraphs (b)(3)(i) and 

(ii) of this section.

(i) You must conduct annual sampling and analysis of the 

catalyst activity (i.e., conversion efficiency) following the 

manufacturer's or catalyst supplier's recommended procedures. If 

problems are found during the catalyst activity test, you must 

replace the catalyst bed or take other corrective action 

consistent with the manufacturer's recommendations within 15 

days or by the next time any process vent stream is collected by 

the control device, whichever is sooner.

(ii) You must conduct annual internal inspections of the 

catalyst bed to check for fouling, plugging, or mechanical 

breakdown. You must also inspect the bed for channeling, 

abrasion, and settling. If problems are found during the annual 

internal inspection of the catalyst, you must replace the 

catalyst bed or take other corrective action consistent with the 

manufacturer's recommendations within 15 days or by the next 

time any process vent stream is collected by the control device, 
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whichever is later. If the catalyst bed is replaced and is not 

of like or better kind and quality as the old catalyst then you 

must conduct a new performance test according to §63.11945 to 

determine destruction efficiency. If a catalyst bed is replaced 

and the replacement catalyst is of like or better kind and 

quality as the old catalyst, then a new performance test to 

determine destruction efficiency is not required.

(c) Absorber and acid gas scrubber monitoring. If you are 

using an absorber or acid gas scrubber to meet an emission limit 

in Table 1 or 2 to this subpart and you are required to use CPMS 

as specified in §63.11925(c), you must install the monitoring 

equipment specified in paragraphs (c)(1) through (3) of this 

section.

(1) Install and operate the monitoring equipment as 

specified in either paragraph (c)(1)(i) or (ii) of this section.

(i) A flow meter to monitor the absorber or acid gas 

scrubber influent liquid flow.

(ii) A flow meter to monitor the absorber or acid gas 

scrubber influent liquid flow and the gas stream flow using one 

of the procedures specified in paragraphs (c)(1)(ii)(A), (B), or 

(C) of this section. You must monitor the liquid-to-gas ratio 

determined by dividing the flow rate of the absorber or acid gas 

scrubber influent by the gas flow rate. The units of measure 
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must be consistent with those used to calculate this ratio 

during the performance test.

(A) Determine gas stream flow using the design blower 

capacity, with appropriate adjustments for pressure drop.

(B) Measure the gas stream flow at the absorber or acid gas 

scrubber inlet.

(C) If you have previously determined compliance for a 

scrubber that requires a determination of the liquid-to-gas 

ratio, you may use the results of that test provided the test 

conditions are representative of current operation.

(2) Install and operate the monitoring equipment as 

specified in either paragraph (c)(2)(i), (ii), or (iii) of this 

section.

(i) Install and operate pressure gauges at the inlet and 

outlet of the absorber or acid gas scrubber to monitor the 

pressure drop through the absorber or acid gas scrubber.

(ii) If the difference in the inlet gas stream temperature 

and the inlet liquid stream temperature is greater than 38 

degrees Celsius, you may install and operate a temperature 

monitoring device at the scrubber gas stream exit.

(iii) If the difference between the specific gravity of the 

scrubber effluent scrubbing fluid and specific gravity of the 

scrubber inlet scrubbing fluid is greater than or equal to 0.02 
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specific gravity units, you may install and operate a specific 

gravity monitoring device on the inlet and outlet of the 

scrubber.

(3) If the scrubbing liquid is a reactant (e.g., lime, 

ammonia hydroxide), you must install and operate one of the 

devices listed in either paragraph (c)(3)(i), (ii) or (iii) of 

this section.

(i) A pH monitoring device to monitor the pH of the 

scrubber liquid effluent.

(ii) A caustic strength monitoring device to monitor the 

caustic strength of the scrubber liquid effluent.

(iii) A conductivity monitoring device to monitor the 

conductivity of the scrubber liquid effluent.

(d) Regenerative adsorber monitoring. If you are using a 

regenerative adsorber to meet an emission limit in Table 1 or 2 

to this subpart and you are required to use CPMS as specified in 

§63.11925(c), you must install and operate the applicable 

monitoring equipment listed in paragraphs (d)(1) through (5) of 

this section, and comply with the requirements in paragraphs 

(d)(6) and (7) of this section. If the adsorption system water 

is deemed as wastewater or process vents as specified in 

§63.11935, it is subject to the requirements in this subpart.
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(1) For non-vacuum regeneration systems, an integrating 

regeneration stream flow monitoring device having an accuracy of 

±10 percent, capable of recording the total regeneration stream 

mass for each regeneration cycle. For non-vacuum regeneration

systems, an integrating regeneration stream flow monitoring 

device capable of continuously recording the total regeneration 

stream mass flow for each regeneration cycle.

(2) For non-vacuum regeneration systems, an adsorber bed 

temperature monitoring device, capable of continuously recording 

the adsorber bed temperature after each regeneration and within 

15 minutes of completing any temperature regulation (cooling or 

warming to bring bed temperature closer to vent gas temperature) 

portion of the regeneration cycle.

(3) For non-vacuum and non-steam regeneration systems, an 

adsorber bed temperature monitoring device capable of 

continuously recording the bed temperature during regeneration, 

except during any temperature regulating (cooling or warming to 

bring bed temperature closer to vent gas temperature) portion of 

the regeneration cycle.

(4) For a vacuum regeneration system, a pressure 

transmitter installed in the vacuum pump suction line capable of 

continuously recording the vacuum level for each minute during 

regeneration. You must establish a minimum target and a length 
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of time at which the vacuum must be below the minimum target 

during regeneration.

(5) A device capable of monitoring the regeneration 

frequency (i.e., operating time since last regeneration) and 

duration.

(6) You must perform a verification of the adsorber during 

each day of operation. The verification must be through visual 

observation or through an automated alarm or shutdown system 

that monitors and records system operational parameters. The 

verification must verify that the adsorber is operating with 

proper valve sequencing and cycle time.

(7) You must conduct weekly measurements of the carbon bed 

outlet volatile organic compounds concentration, as specified in 

this paragraph (d)(7), over the last 5 minutes of an adsorption 

cycle for each carbon bed. For regeneration cycles longer than 1 

week, you must perform the measurement over the last 5 minutes 

of each adsorption cycle for each carbon bed. The outlet 

concentration of volatile organic compounds must be measured 

using a portable analyzer, in accordance with Method 21 at 40 

CFR part 60, appendix A-7, for open-ended lines. Alternatively, 

outlet concentration of HAP(s) may be measured using 

chromatographic analysis using Method 18 at 40 CFR part 60, 

appendix A-6.
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(e) Non-regenerative adsorber monitoring. If you are using 

a non-regenerative adsorber, or canister type system that is 

sent off site for regeneration or disposal, to meet an emission 

limit in Table 1 or 2 to this subpart and you are required to 

use CPMS as specified in §63.11925(c), you must install a system 

of dual adsorber units in series and conduct the monitoring and 

bed replacement as specified in paragraphs (e)(1) through (4) of 

this section.

(1) Establish the average adsorber bed life by conducting 

daily monitoring of the outlet volatile organic compound or HAP 

concentration, as specified in this paragraph (e)(1), of the 

first adsorber bed in series until breakthrough occurs for the 

first three adsorber bed change-outs. The outlet concentration 

of volatile organic compounds must be measured using a portable 

analyzer, in accordance with Method 21 at 40 CFR part 60, 

Appendix A-7, for open-ended lines. Alternatively, outlet 

concentration of HAP may be measured using chromatographic 

analysis using Method 18 at 40 CFR part 60, Appendix A-6. 

Breakthrough of the bed is defined as the time when the level of 

HAP detected is at the highest concentration allowed to be 

discharged from the adsorber system.
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(2) Once the average life of the bed is determined, conduct 

ongoing monitoring as specified in paragraphs (e)(2)(i) through 

(iii) of this section.

(i) Except as provided in paragraphs (e)(2)(ii) and (iii) 

of this section, conduct daily monitoring of the adsorber bed 

outlet volatile organic compound or HAP concentration, as 

specified in paragraph (e)(1) of this section.

(ii) You may conduct monthly monitoring if the adsorbent 

has more than 2 months of life remaining, as determined by the 

average primary adsorber bed life, established in paragraph 

(e)(1) of this section, and the date the adsorbent was last 

replaced.

(iii) You may conduct weekly monitoring if the adsorbent 

has more than 2 weeks of life remaining, as determined by the 

average primary adsorber bed life, established in paragraph 

(e)(1) of this section, and the date the adsorbent was last 

replaced.

(3) The first adsorber in series must be replaced 

immediately when breakthrough is detected between the first and 

second adsorber. The original second adsorber (or a fresh 

canister) will become the new first adsorber and a fresh 

adsorber will become the second adsorber. For purposes of this 

paragraph (e)(3), "immediately" means within 8 hours of the 
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detection of a breakthrough for adsorbers of 55 gallons or less, 

and within 24 hours of the detection of a breakthrough for 

adsorbers greater than 55 gallons.

(4) In lieu of replacing the first adsorber immediately, 

you may elect to monitor the outlet of the second canister 

beginning on the day the breakthrough between the first and 

second canister is identified and each day thereafter. This 

daily monitoring must continue until the first canister is 

replaced. If the constituent being monitored is detected at the 

outlet of the second canister during this period of daily 

monitoring, both canisters must be replaced within 8 hours of 

the time of detection of volatile organic compounds or HAP at 90 

percent of the allowed level (90 percent of breakthrough 

definition).

(f) Condenser monitoring. If you are using a condenser to 

meet an emission limit in Table 1 or 2 to this subpart and you 

are required to use CPMS as specified in §63.11925(c), you must 

install and operate a condenser exit gas temperature monitoring 

device.

(g) Other control devices. If you use a control device 

other than those listed in this subpart to comply with an 

emission limit in Table 1 or 2 to this subpart and you are 

required to use CPMS as specified in §63.11925(c), you must 
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comply with the requirements as specified in paragraphs (g)(1) 

and (2) of this section.

(1) Submit a description of the planned monitoring, 

recordkeeping and reporting procedures, as required in 

§63.11985(b)(5)(iv). The Administrator will approve, deny or 

modify the proposed monitoring, reporting and recordkeeping 

requirements as part of the review of the plan or through the 

review of the permit application or by other appropriate means.

(2) You must establish operating limits for monitored 

parameters that are approved by the Administrator. To establish 

the operating limit, the information required in §63.11935(d) 

must be submitted in the notification of compliance status 

report specified in §63.11985(a).

(h) Alternatives to monitoring requirements.

(1) You may request approval to use alternatives to the 

continuous operating parameter monitoring listed in this 

section, as specified in §§63.11985(c)(5) and 63.8.

(2) You may request approval to monitor a different 

parameter than those established in §63.11935(d) or to set 

unique monitoring parameters, as specified in §§63.11985(c)(6) 

and 63.8. Until permission to use an alternative monitoring 

parameter has been granted by the Administrator, you remain 

subject to the requirements of this subpart.
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§63.11945 What performance testing requirements must I meet for 

process vents?

(a) General. For each control device used to meet the 

emission limits for process vents in Table 1 or 2 to this 

subpart, you must conduct the initial and periodic performance 

tests required in §63.11925(d) and (e) and as specified in 

§63.11896 using the applicable test methods and procedures 

specified in Table 8 to this subpart and paragraphs (b) through 

(d) of this section.

(b) Process operating conditions. You must conduct 

performance tests under the conditions specified in paragraphs 

(b)(1) through (3) of this section, as applicable. Upon request, 

the owner or operator shall make available to the Administrator 

such records as may be necessary to determine the conditions of 

performance tests. In all cases, a site-specific plan must be 

submitted to the Administrator for approval prior to testing in 

accordance with §63.7(c). The test plan must include the 

emission profiles described in §63.11925(g).

(1) Continuous process vents. For continuous process vents, 

you must conduct all performance tests at maximum representative 

operating conditions for the process. For continuous compliance, 

you must conduct subsequent performance tests within the range 

of operating limit(s) that were established for the control 
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device during the initial or subsequent performance tests 

specified in §63.11925(d) and (e). If an operating limit is a 

range, then you must conduct subsequent performance tests within 

the range of maximum or minimum operating limits for the control 

device, which result in highest emissions (i.e., lowest emission 

reduction).

(2) Batch process operations. Testing must be conducted at 

absolute worst-case conditions or hypothetical worst-case 

conditions as specified in paragraph (c) of this section.

(3) Combination of both continuous and batch unit 

operations. You must conduct performance tests when the batch

process vents are operating at absolute worst-case conditions or 

hypothetical worst-case conditions, as specified in paragraphs 

(c)(1) and (2) of this section, and at maximum representative 

operating conditions for the process. For continuous compliance, 

you must operate the control device as close as possible to your 

operating limit(s) for the control device established during the 

initial or subsequent performance tests specified in §63.11925 

(d) and (e). If an operating limit is a range, then you must 

operate the control device as close as possible to the maximum 

or minimum operating limit for the control device, whichever 

results in higher emissions (i.e., lower emission reduction), 
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unless the Administrator specifies or approves alternate 

operating conditions.

(c) Batch worst-case conditions. The absolute worst-case 

conditions for batch process operations must be characterized by 

the criteria presented in paragraph (c)(1) of this section. The 

hypothetical worst-case conditions for batch process operations 

must be characterized by the criteria presented in paragraph 

(c)(2) of this section. 

(1) Absolute worst-case conditions. For batch process 

operations, absolute worst-case conditions are defined by the 

criteria presented in paragraph (c)(1)(i) of this section if the 

maximum load is the most challenging condition for the control 

device. Otherwise, absolute worst-case conditions are defined by 

the conditions in paragraph (c)(1)(ii) of this section. You must 

consider all relevant factors, including load and compoundspecific characteristics in defining absolute worst-case 

conditions.

(i) A 1-hour period of time in which the inlet to the 

control device contains the highest HAP mass loading rate, in 

pounds per hour, capable of being vented to the control device. 

An emission profile as described in §63.11925(g) must be used to 

identify the 1-hour period of maximum HAP loading.
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(ii) The period of time when the HAP loading or stream 

composition (including non-HAP) is most challenging for the 

control device. These conditions include, but are not limited to 

the following:

(A) Periods when the stream contains the highest combined 

organic load, in pounds per hour, described by the emission 

profiles in §63.11925(g).

(B) Periods when the streams contain HAP constituents that 

approach limits of solubility for scrubbing media.

(C) Periods when the streams contain HAP constituents that 

approach limits of adsorptivity for adsorption systems.

(2) Hypothetical worst-case conditions. For batch process 

operations, hypothetical worst-case conditions are simulated 

test conditions that, at a minimum, contain the highest hourly 

HAP load of emissions that would be predicted to be vented to 

the control device based on the emissions profiles described in 

paragraphs (c)(3)(ii) or (iii) of this section.

(3) Emission profile. For batch process operations, you 

must develop an emission profile for the vent to the control 

device that describes the characteristics of the vent stream at 

the inlet to the control device under worst-case conditions. The 

emission profile must be developed based on any one of the 
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procedures described in paragraphs (c)(3)(i) through (iii) of 

this section.

(i) Emission profile by process. The emission profile must 

consider all batch emission episodes that could contribute to 

the vent stack for a period of time that is sufficient to 

include all processes venting to the stack and must consider 

production scheduling. The profile must describe the HAP load to 

the device that equals the highest sum of emissions from the 

episodes that can vent to the control device in any given hour. 

Emissions per episode must be calculated using the procedures 

specified in §63.11950. Emissions per episode must be divided by 

the duration of the episode only if the duration of the episode 

is longer than 1 hour.

(ii) Emission profile by equipment. The emission profile 

must consist of emissions that meet or exceed the highest 

emissions, in pounds per hour that would be expected under 

actual processing conditions. The profile must describe 

equipment configurations used to generate the emission events, 

volatility of materials processed in the equipment, and the 

rationale used to identify and characterize the emission events. 

The emissions may be based on using a compound more volatile 

than compounds actually used in the process(es), and the 
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emissions may be generated from all equipment in the process(es) 

or only selected equipment.

(iii) Emission profile by capture and control device 

limitation. The emission profile must consider the capture and 

control system limitations and the highest emissions, in pounds 

per hour that can be routed to the control device, based on 

maximum flow rate and concentrations possible because of 

limitations on conveyance and control equipment (e.g., fans and 

lower explosive level alarms).

(d) Concentration correction calculation. If a combustion 

device is the control device and supplemental combustion air is 

used to combust the emissions, the concentration of total 

organic HAP, vinyl chloride, and hydrogen chloride must be 

corrected as specified in paragraph (d)(1) or (2) of this 

section. If a control device other than a combustion device is 

used to comply with an outlet concentration emission limit for 

batch process vents, you must correct the actual concentration 

for supplemental gases as specified in paragraph (d)(3) of this 

section.

(1) Determine the concentration of total organic HAP, vinyl 

chloride, or hydrogen chloride corrected to 3-percent oxygen 

(Cc) using Equation 1 of this section.
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d

c m

O

C C

20 9 2

17 9

. %

.

(Eq. 1)

Where:

Cc = Concentration of total organic HAP, vinyl chloride, 

or hydrogen chloride corrected to 3-percent oxygen, 

dry basis, parts per million by volume. 

Cm = Concentration of total organic HAP, vinyl chloride, 

or hydrogen chloride, dry basis, parts per million 

by volume.

%O2d = Concentration of oxygen, dry basis, percentage by 

volume.

(2) To determine the oxygen concentration, you must use the 

emission rate correction factor (or excess air), integrated 

sampling and analysis procedures of Method 3, 3A, or 3B at 40 

CFR part 60, appendix A-2, or ANSI/ASME PTC 19.10-1981, "Flue 

and Exhaust Gas Analyses" [Part 10, Instruments and Apparatus] 

(incorporated by reference, see §63.14).

(3) Correct the measured concentration for supplemental 

gases using Equation 2 of this section. Process knowledge and 

representative operating data may be used to determine the 

fraction of the total flow due to supplemental gas.

a

s a

a m

Q

Q Q

C C

(Eq. 2)

Where:
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Ca = Corrected outlet concentration of HAP, dry basis, 

parts per million by volume (ppmv).

Cm = Actual concentration of HAP measured at control 

device outlet, dry basis, ppmv.

Qa = Total volumetric flow rate of all gas streams 

vented to the control device, except supplemental 

gases.

Qs = total volumetric flow rate of supplemental gases.

§63.11950 What emissions calculations must I use for an emission 

profile?

When developing your emission profiles for batch process 

vents as required in §63.11925(g), except as specified in 

paragraph (i) of this section, you must calculate emissions from 

episodes caused by vapor displacement, purging a partially 

filled vessel, heating, depressurization, vacuum operations, gas 

evolution, air drying, or empty vessel purging, using the 

applicable procedures in paragraphs (a) through (h) of this 

section.

(a) Vapor displacement. You must calculate emissions from 

vapor displacement due to transfer of material using Equation 3 

of this section.

n

i

Pi MWi

RT

V

E

1

(Eq. 3)

Where:
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E = Mass of HAP emitted.

V = Volume of gas displaced from the vessel.

R = Ideal gas law constant.

T = Temperature of the vessel vapor space; absolute.

Pi = Partial pressure of the individual HAP.

MWi = Molecular weight of the individual HAP.

n = Number of HAP compounds in the emission stream.

i = Identifier for a HAP compound.

(b) Gas sweep of a partially filled vessel. You must 

calculate emissions from purging a partially filled vessel using 

Equation 4 of this section. The pressure of the vessel vapor 

space may be set equal to 760 millimeters of mercury (mmHg). You 

must multiply the HAP partial pressure in Equation 4 of this 

section by a HAP-specific saturation factor determined in 

accordance with Equations 5 through 7 of this section. Solve 

Equation 5 of this section iteratively beginning with saturation 

factors (in the right-hand side of the equation) of 1.0 for each 

condensable compound. Stop iterating when the calculated 

saturation factors for all compounds are the same to two 

significant figures for subsequent iterations. Note that for 

multi-component emission streams, saturation factors must be 

calculated for all condensable compounds, not just the HAP.
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m

j

T j

T

n

i

i i

P P

P

RT

Vt E PMW

1

1

( )

(Eq. 4) 

Where:

E = Mass of HAP emitted.

V = Purge flow rate of the noncondensable gas at the 

temperature and pressure of the vessel vapor space.

R = Ideal gas law constant.

T = Temperature of the vessel vapor space; absolute.

Pi = Partial pressure of the individual HAP at saturated 

conditions.

Pj = Partial pressure of individual condensable 

compounds (including HAP) at saturated conditions.

PT = Pressure of the vessel vapor space.

MWi = Molecular weight of the individual HAP.

t = Time of purge.

n = Number of HAP compounds in the emission stream.

i = Identifier for a HAP compound.

j = Identifier for a condensable compound.

m = Number of condensable compounds (including HAP) in 

the emission stream.

n

i

sat

i i i

i

i

K A V S V

K A

S

1

(Eq. 5)
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n

i

T i

i

sat

i

P P

VP V

1

(Eq. 6)

1/ 3

i

o

i o

M

M

K K

(Eq. 7)

Where:

Si = Saturation factor for individual condensable 

compounds.

Pi = Partial pressure of individual condensable 

compounds at saturated conditions.

PT = Pressure of the vessel vapor space.

A = Surface area of liquid.

V = Purge flow rate of the noncondensable gas.

Visat = Volumetric flow rate of individual condensable 

compounds at saturated vapor pressure.

Ki = Mass transfer coefficient of individual condensable 

compounds in the emission stream.

Ko = Mass transfer coefficient of reference compound 

(e.g., 0.83 cm/s for water).

Mo = Molecular weight of reference compound (e.g., 18.02 

for water).

Mi = Molecular weight of individual condensable 

compounds in the emission stream.

n = Number of condensable compounds in the emission 

stream.

(c) Heating. You must calculate emissions caused by the 

heating of a vessel to a temperature lower than the boiling 
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point using the procedures in paragraph (c)(1) of this section. 

If the contents of a vessel are heated to the boiling point, you 

must calculate emissions using the procedures in paragraph 

(c)(2) of this section.

(1) If the final temperature to which the vessel contents 

are heated is lower than the boiling point of the HAP in the 

vessel, you must calculate the mass of HAP emitted per episode 

using Equation 8 of this section. The average gas space molar 

volume during the heating process is calculated using Equation 9 

of this section. The difference in the number of moles of 

condensable in the vessel headspace between the initial and 

final temperatures is calculated using Equation 10 of this 

section.

,2 ,1

1

,2

1

,1

ln n i i

i

T i

n

i

T i

HAP avg n n

P P

P P

E MW N

(Eq. 8)

Where:

E = Mass of HAP vapor displaced from the vessel being 

heated.

Navg = Average gas space molar volume during the heating 

process.

PT = Total pressure in the vessel.

Pi,1 = Partial pressure of the individual HAP compounds at 

initial temperature (T1).
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Pi,2 = Partial pressure of the individual HAP compounds at 

final temperature (T2).

MWHAP = Average molecular weight of the HAP compounds 

calculated using Equation 13 of this section.

ni,1 = Number of moles of condensable in the vessel 

headspace at initial temperature (T1).

ni,2 = Number of moles of condensable in the vessel 

headspace at final temperature (T2).

n = Number of HAP compounds in the emission stream.

ln = Natural logarithm.

2

1

1

1

2R T T

VPT Navg

(Eq. 9)

Where:

Navg = Average gas space molar volume during the heating 

process.

V = Volume of free space in vessel.

PT = Total pressure in the vessel.

R = Ideal gas law constant.

T1 = Initial temperature of the vessel.

T2 = Final temperature of the vessel.

n

i

i

n

i

i i i

P

RT

V

P

RT

V

n n

1

,1

1 1

,2

2

,2 ,1

(Eq. 10)

Where:

V = Volume of free space in vessel.

R = Ideal gas law constant.

T1 = Initial temperature in the vessel.
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T2 = Final temperature in the vessel.

Pi,1 = Partial pressure of the individual HAP compounds at 

T1.

Pi,2 = Partial pressure of the individual HAP compounds at 

T2.

n = Number of HAP compounds in the emission stream. 

(2) If the final temperature to which the vessel contents 

are heated is at the boiling point or higher, you must calculate 

emissions using the procedure in paragraphs (c)(2)(i) and (ii) 

of this section.

(i) To calculate the emissions from heating to the boiling 

point use Equations 11, 12 and 13 of this section. (Note that 

Pa2 = 0 in the calculation of Δη in Equation 12 of this 

section.)

m

j

T j

HAP

n

i

i

P P

PMW

E

1

1

(Eq. 11)

Where:

E = Mass of HAP emitted.

Δη = The number of moles of noncondensable displaced 

from the vessel, as calculated using Equation 12 of 

this section.

PT = Pressure in the receiver.

Pi = Partial pressure of the individual HAP determined 

at the exit temperature of the condenser or at the 

conditions of the dedicated receiver.
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Pj = Partial pressure of the individual condensable 

(including HAP) determined at the exit temperature 

of the condenser or at the conditions of the 

dedicated receiver.

n = Number of HAP compounds in the emission stream.

i = Identifier for a HAP compound.

j = Identifier for a condensable compound.

MWHAP = The average molecular weight of HAP in vapor 

exiting the dedicated receiver, as calculated using 

Equation 13 of this section with partial pressures 

determined at the exit temperature and exit 

pressure conditions of the condenser or at the 

conditions of the dedicated receiver.

m = Number of condensable compounds (including HAP) in 

the emission stream.

2

2

1

1

T

Pa

T

Pa

R

V

(Eq. 12)

n

i

n

i

i T i T

i T i T i

HAP

P P

P P MW

MW

1

1

1 2

1 2

(Eq. 13)

Where:

Δη = Number of moles of noncondensable gas displaced 

from the vessel.

V = Volume of free space in the vessel.

R = Ideal gas law constant.

T1 = Initial temperature of vessel contents, absolute.

T2 = Final temperature of vessel contents, absolute.
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Pan = Partial pressure of noncondensable gas in the 

vessel headspace at initial (n=1) and final (n=2) 

temperature.

MWHAP = The average molecular weight of HAP in vapor 

exiting the dedicated receiver.

(Pi)Tn = Partial pressure of each HAP in the vessel 

headspace at initial (T1) and final (T2) 

temperature of the receiver.

MWi = Molecular weight of the individual HAP.

n = Number of HAP compounds in the emission stream.

i = Identifier for a HAP compound.

(ii) While boiling, the vessel must be operated with a 

properly operated process condenser. An initial demonstration 

that a process condenser is properly operated must be conducted 

during the boiling operation and documented in the notification 

of compliance status report described in §63.11985(a). You must 

either measure the liquid temperature in the receiver or the 

temperature of the gas stream exiting the condenser and show it 

is less than the boiling or bubble point of the HAP in the 

vessel; or perform a material balance around the vessel and 

condenser and show that at least 99 percent of the recovered HAP 

vaporized while boiling is condensed. This demonstration is not 

required if the process condenser is followed by a condenser 

acting as a control device or if the control device is monitored 

using a CEMS.
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(d) Depressurization. You must calculate emissions from 

depressurization using Equation 14 of this section.

n

i

Pi MWi m

j

P Pj

m

j

P Pj

RT

V

E

1

1

2

1

1

( )( )

( )

( )

ln

(Eq. 14)

Where:

E = Emissions.

V = Free volume in vessel being depressurized.

R = Ideal gas law constant.

T = Temperature of the vessel, absolute.

P1 = Initial pressure in the vessel.

P2 = Final pressure in the vessel.

Pj = Partial pressure of the individual condensable 

compounds (including HAP).

MWi = Molecular weight of the individual HAP compounds.

n = Number of HAP compounds in the emission stream.

m = Number of condensable compounds (including HAP) in 

the emission stream.

i = Identifier for a HAP compound.

j = Identifier for a condensable compound.

ln = Natural logarithm.

(e) Vacuum systems. You must calculate emissions from 

vacuum systems using Equation 15 of this section if the air 

leakage rate is known or can be approximated. The receiving 
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vessel is part of the vacuum system for purposes of this 

subpart.

m

j

T j

n

i

i i

n c P P

P MW

MW

La t

E

1

1

( )

( )( )

(Eq. 15)

Where:

E = Mass of HAP emitted.

PT = Absolute pressure of receiving vessel or ejector 

outlet conditions, if there is no receiver.

Pi = Partial pressure of the HAP at the receiver 

temperature or the ejector outlet conditions.

Pj = Partial pressure of condensable (including HAP) at 

the receiver temperature or the ejector outlet 

conditions.

La = Total air leak rate in the system, mass/time.

MWnc = Molecular weight of noncondensable gas.

t = Time of vacuum operation.

MWi = Molecular weight of the individual HAP in the 

emission stream, with HAP partial pressures 

calculated at the temperature of the receiver or 

ejector outlet, as appropriate.

(f) Gas evolution. You must calculate emissions from gas 

evolution using Equation 15 in paragraph (e) of this section 

with mass flow rate of gas evolution, Wg, substituted for La.

(g) Air drying. You must calculate emissions from air 

drying using Equation 16 of this section:
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2 100

2

1 100

1

PS

PS

PS

PS

E B

(Eq. 16)

Where:

E = Mass of HAP emitted.

B = Mass of dry solids.

PS1 = HAP in material entering dryer, weight percent.

PS2 = HAP in material exiting dryer, weight percent.

(h) Empty vessel purging. You must calculate emissions 

from empty vessel purging using Equation 17 of this section 

(Note: The term e-Ft/v can be assumed to be 0):

)

/ ( )( ) (Ft v

e

n

i

Pi MWi

RT

V

E 1

1

(Eq. 17)

Where:

V = Volume of empty vessel.

R = Ideal gas law constant.

T = Temperature of the vessel vapor space; absolute.

Pi = Partial pressure of the individual HAP at the 

beginning of the purge.

MWi = Molecular weight of the individual HAP.

F = Flow rate of the purge gas.

t = Duration of the purge.

n = Number of HAP compounds in the emission stream.

i = Identifier for a HAP compound.
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(i) Engineering assessments. You must conduct an 

engineering assessment to calculate HAP emissions or emission 

episodes from each process vent that are not due to vapor 

displacement, partially filled vessel purging, heating, 

depressurization, vacuum operations, gas evolution, air drying 

or empty vessel purging. An engineering assessment may also be 

used to support a finding that the emissions estimation 

equations in this section are inappropriate. All data, 

assumptions and procedures used in the engineering assessment 

must be documented, are subject to preapproval by the 

Administrator, and must be reported in the batch precompliance 

report. An engineering assessment should include, but is not 

limited to, the items listed in paragraphs (i)(1) through (4) of 

this section.

(1) Previous test results provided the tests are 

representative of current operating practices at the process 

unit.

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

the process under representative operating conditions.

(3) Maximum flow rate, HAP emission rate, concentration, or 

other relevant parameter specified or implied within a permit 

limit applicable to the process vent.
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(4) Design analysis based on accepted chemical engineering 

principles, measurable process parameters, or physical or 

chemical laws or properties. 

Examples of analytical methods include, but are not limited 

to the following:

(i) Use of material balances based on process stoichiometry 

to estimate maximum organic HAP concentrations.

(ii) Estimation of maximum flow rate based on physical 

equipment design such as pump or blower capacities.

(iii) Estimation of HAP concentrations based on saturation 

conditions.

§63.11955 What are my initial and continuous compliance 

requirements for other emission sources?

(a) Before opening any process component (including prepolymerization reactors used in the manufacture of bulk resins) 

for any reason, the quantity of vinyl chloride must be reduced 

to an amount that occupies a volume of no more than 2.0 percent 

of the component's or equipment‘s containment volume, or 25 

gallons, whichever is larger, at standard temperature and 

pressure.

(b) Before opening a polymerization reactor for any reason, 

the quantity of vinyl chloride is not to exceed 0.04 pounds per 
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ton of PVC product, with the product determined on a dry solids 

basis.

(c) Any gas or vapor HAP removed from a process component 

in accordance with paragraphs (a) and (b) of this section must 

be vented to a closed vent system and control device meeting the 

requirements of §§63.11925 through 63.11950.

(d) Gasholders. Each gasholder in vinyl chloride service 

must meet the requirements of paragraphs (d)(1) through (d)(3) 

of this section.

(1) Each gasholder must be vented to a closed vent system 

and control device meeting the requirements of §§63.11925 

through 63.11950.

(2) Each gasholder must operate with one or more of the 

following installed on the water seal to reduce emissions:

(i) Floating balls;

(ii) Hollow floating disks;

(iii) Oil layer; and/or

(iv) Floating mats.

(3) Each gasholder must have established operating 

procedures that include provisions for ensuring that the 

requirements of paragraph (g) of this section are met at all 

times except during periods of maintenance or repair. The 
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standard operating procedures must be developed and implemented 

and made available to the Administrator upon request.

§63.11956 What are my compliance requirements for ambient 

monitoring?

You must operate a reliable and accurate vinyl chloride 

monitoring system for detection of major leaks and 

identification of the general area of the affected source where 

a leak is located. A vinyl chloride monitoring system means a 

device which obtains air samples from one or more points on a 

continuous sequential basis and analyzes the samples with gas 

chromatography or, if you assume that all hydrocarbons measured

are vinyl chloride, analyzes the samples with infrared 

spectrophotometry, flame ion detection, or an equivalent or 

alternative method. You must operate the vinyl chloride 

monitoring system according to a program that you develop for 

your affected source. You must submit a description of the 

program to the Administrator within 45 days of your compliance 

date, unless a waiver of compliance is granted by the 

Administrator, or the program has been approved and the 

Administrator does not request a review of the program. Approval 

of a program will be granted by the Administrator provided the 

Administrator finds:
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(a) The location and number of points to be monitored and 

the frequency of monitoring provided for in the program are 

acceptable when they are compared with the number of pieces of 

equipment in vinyl chloride service and size and physical layout 

of the affected source.

(b) It contains a definition of leak which is acceptable 

when compared with the background concentrations of vinyl 

chloride in the areas of the plant to be monitored by the vinyl 

chloride monitoring system. Measurements of background 

concentrations of vinyl chloride in the areas of the plant to be 

monitored by the vinyl chloride monitoring system are to be 

included with the description of the program. The definition of 

leak for a given plant may vary among the different areas within 

the plant and is also to change over time as background 

concentrations in the plant are reduced.

(c) It contains an acceptable plan of action to be taken 

when a leak is detected.

(d) It provides for an acceptable calibration and 

maintenance schedule for the vinyl chloride monitoring system 

and portable hydrocarbon detector. For the vinyl chloride 

monitoring system, a daily span check must be conducted with a 

concentration of vinyl chloride equal to the concentration 
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defined as a leak according to paragraph (b) of this section. 

The calibration must be done with either:

(1) A calibration gas mixture prepared from the gases 

specified in sections 7.2.1 and 7.2.2 of Method 106 at 40 CFR 

part 61, appendix B, and in accordance with section 10.1 of 

Method 106, or

(2) A calibration gas cylinder standard containing the 

appropriate concentration of vinyl chloride. The gas composition 

of the calibration gas cylinder standard must have been 

certified by the manufacturer. The manufacturer must have 

recommended a maximum shelf life for each cylinder so that the 

concentration does not change greater than ±5 percent from the 

certified value. The date of gas cylinder preparation, certified 

vinyl chloride concentration, and recommended maximum shelf life 

must have been affixed to the cylinder before shipment from the 

manufacturer to the buyer. If a gas chromatograph is used as the 

vinyl chloride monitoring system, these gas mixtures may be 

directly used to prepare a chromatograph calibration curve as 

described in Sections 8.1 and 9.2 of Method 106. The 

requirements in Sections 7.2.3.1 and 7.2.3.2 of Method 106 for 

certification of cylinder standards and for establishment and 

verification of calibration standards are to be followed.
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§63.11960 What are my initial and continuous compliance 

requirements for stripped resin?

(a) Emission limits. You must meet the applicable vinyl 

chloride and total non-vinyl chloride HAP emission limits for 

stripped resin specified in Table 1 or 2 to this subpart.

(b) Determination of total non-vinyl chloride HAP. You must 

develop a facility-specific list of HAP that are expected to be 

present in each grade of resin produced by your PVCPU. This list 

must be continuously updated and must be available for 

inspection by the Administrator. This list must include the 

identification of each grade of resin produced, each HAP 

expected to be present in that grade of resin, and the CAS 

number for each HAP.

(i) For the purposes of demonstrating initial and 

continuous compliance as required in paragraphs (c) and (d) of 

this section, you must meet the requirements specified in 

paragraphs (b)(i)(1) and (b)(i)(2) of this section.

(1) You must analyze each resin sample for all Table 10 HAP 

using the test methods specified in paragraph (e) of this 

section.

(2) You must also analyze each resin sample for any HAP 

that are not a Table 10 HAP but are expected to be present in 

that resin sample based on your facility-specific list of HAP 
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using the appropriate test method specified in paragraph (e) of 

this section.

(c) Demonstration of initial compliance. You must 

demonstrate initial compliance for each resin stripper or for 

each group of resin strippers used to process the same resin 

type.

(1) You must conduct an initial performance test for the 

resin stripper, measuring the concentration of vinyl chloride 

and total non-vinyl chloride HAP in the stripped resin at the 

outlet of each resin stripper as specified in paragraphs 

(c)(1)(i) through (iv) of this section.

(i) Use the test method(s) and procedures specified in 

paragraph (e) of this section.

(ii) Collect samples when the PVCPU is producing the resin 

grade of which you manufacture the most, based on the total mass 

per resin grade of a given resin type produced in the 12 months 

preceding the sampling event.

(iii) For continuous processes, during a 24-hour sampling 

period, for each resin grade produced, collect 1 grab sample at 

intervals of 8 hours or per grade of PVC produced, whichever is

more frequent. Each sample must be taken as the resin flows out 

of the stripper.
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(iv) For batch processes, during a 24-hour sampling period, 

for each batch of each resin grade produced, collect 1 grab 

sample for each batch. Each sample must be taken immediately 

following the completion of the stripping operation.

(2) Demonstrate initial compliance with the vinyl chloride 

and total non-vinyl chloride HAP emission limits in Table 1 or 2 

to this subpart as specified in paragraphs (c)(2)(i) and (ii) of 

this section.

(i) Calculate the 24-hour arithmetic average vinyl chloride 

and total non-vinyl chloride HAP concentrations for each 

stripper for each resin grade produced during the 24-hour 

sampling period, using the vinyl chloride and non vinyl-chloride 

HAP concentrations measured for the grab samples collected as 

specified in paragraph (c)(1)(iii) and (iv) of this section and 

using the calculation procedure specified in paragraph (f) of 

this section to determine the total non-vinyl chloride HAP 

concentration of each sample.

(ii) Demonstrate compliance with the vinyl chloride and 

total non-vinyl chloride HAP emission limits in Table 1 or 2 to 

this subpart based on the 24-hour arithmetic average 

concentrations calculated in either paragraph (c)(2)(ii)(A) or 

(B) of this section.
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(A) If more than one resin grade was produced during the 

24-hour sampling period, use equation 1 of this section to 

calculate the 24-hour grade weighted arithmetic average vinyl 

chloride and total non-vinyl chloride HAP concentrations for 

each stripper, or for each group of strippers used to process 

the same type of resin, using the 24-hour average vinyl chloride 

and total non-vinyl chloride HAP concentrations calculated in 

paragraph (c)(2)(i) of this section and the mass of each resin 

grade produced during the 24-hour sampling period.

(Eq.1)

Where:

AT = 24-hour average concentration of resin type T, 

parts per million by weight (dry basis).

PGi = Production of resin grade Gi, pounds.

CGi = 24-hour average concentration of vinyl chloride or 

total non-vinyl chloride HAP in resin grade Gi, 

ppmw.

QT = Total production of resin type T over the 24-hour 

sampling period, pounds.

(B) If only one resin grade was produced during the 24-hour 

sampling event, use the 24-hour arithmetic average vinyl 

chloride and total non-vinyl chloride HAP concentrations for the 

one resin grade calculated as specified in paragraph (c)(2)(i) 

of this section for each stripper or calculate the 24-hour 

arithmetic average vinyl chloride and total non-vinyl chloride 
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HAP concentrations for all strippers used to process the one 

grade of resin.

(d) Demonstration of continuous compliance. You must 

demonstrate continuous compliance for each resin stripper or for 

each group of resin strippers used to process the same resin 

type.

(1) On a daily basis, you must measure the concentration of 

vinyl chloride in stripped resin using the test method(s) and 

procedures specified in paragraph (e) of this section, and the 

procedures specified in paragraphs (c)(1)(iii) and (iv) of this 

section.

(2) On a monthly basis, you must measure the concentration 

of total non-vinyl chloride HAP in stripped resin using the test 

method(s) and procedures specified in paragraph (e) of this 

section, and the procedures specified in paragraphs (c)(1)(iii) 

and (iv) of this section. 

(3) You must demonstrate continuous compliance with the 

vinyl chloride and total non-vinyl chloride HAP emission limit 

for stripped resin in Table 1 or 2 to this subpart as specified 

in paragraphs (c)(2)(i) and (ii) of this section.

(e) Test methods and procedures for determining 

concentration of vinyl chloride and total total non-vinyl 

chloride HAP. You must determine the concentration of vinyl 
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chloride and total total non-vinyl chloride HAP using the test 

methods and procedures specified in paragraphs (e)(1) through 

(4) of this section. Upon request, the owner or operator shall 

make available to the Administrator such records as may be 

necessary to determine the conditions of performance tests.

(1) For measuring total total non-vinyl chloride HAP, you 

must use the methods specified in paragraphs (e)(1)(i) through 

(e)(1)(iv) of this section.

(i) SW-846-8260B, Volatile Organic Compounds by Gas 

Chromatography/Mass spectrometry (GC/MS), Revision 3, February 

2007, in "Test Methods for Evaluating Solid Waste, 

Physical/Chemical Methods," EPA Publication No. SW-846, Third 

Edition (incorporated by reference, see §63.14) for analysis of 

volatile organic compounds listed in table 10 of this subpart.

(ii) SW-846-8270D, Semivolatile Organic Compounds by Gas 

Chromatography/Mass spectrometry (GC/MS), Revision 4, February 

2007, in "Test Methods for Evaluating Solid Waste, EPA 

Publication No. SW-846, Third Edition (incorporated by 

reference, see §63.14) for analysis of semivolatile organic 

compounds listed in table 10 of this subpart.

(iii) SW-846-8315A, Determination of Carbonyl Compounds by 

High Performance Liquid Chromatography (HPLC), Revision 1, 

December 1996, in "Test Methods for Evaluating Solid Waste, 
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Physical/Chemical Methods," EPA Publication No. SW-846, Third 

Edition (incorporated by reference, see §63.14) for analysis of 

aldehyde compounds listed in table 10 of this subpart.

(iv) SW-846-8015C, Nonhalogenated Organics by Gas 

Chromatography, Revision 3, February 2007, in "Test Methods for 

Evaluating Solid Waste, EPA Publication No. SW-846, Third 

Edition (incorporated by reference, see §63.14) for analysis of 

alcohol compounds listed in table 10 of this subpart.

(2) For measuring vinyl chloride, you must use Method 107 

at 40 CFR part 61, appendix B.

(3) When using the methods in paragraphs (d)(1) and (2) of 

this section, for sample collection, preservation, transport, 

and analysis, you must minimize loss of HAP and maintain sample 

integrity.

(f) Method for calculating total non-vinyl chloride HAP 

concentration. For each stripped resin sample analyzed using the 

methods specified in paragraph (e) of this section, calculate 

the sum of the measured concentrations of each HAP analyzed as 

required in paragraphs (b)(i)(1) and (b)(i)(2) of this section 

by using Equation 2 to this section. 

n

i

TNVCH Ci

C

1

(Eq. 2)

Where:
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CTNVCH = Concentration of total non-vinyl chloride HAP 

compounds in the stripped resin sample, in parts per 

million by weight (ppmw).

Ci = Concentration of individual HAP present in the 

stripped resin sample analyzed pursuant to paragraphs 

(b)(i)(1) and (b)(i)(2) of this section excluding 

vinyl chloride, in ppmw, where a value of zero should 

be used for any HAP concentration that is below the 

detection limit.

§63.11965 What are my general compliance requirements for 

wastewater?

(a) The concentration of vinyl chloride and total non-vinyl 

chloride HAP in each process wastewater stream containing 

greater than the limits specified in Table 1 or 2 to this 

subpart, measured immediately as it leaves a piece of process 

equipment and before being mixed with any other process 

wastewater stream, must be reduced to the limits specified in 

Table 1 or 2 to this subpart. The applicable limits in Table 1 

or 2 to this subpart must be met before the process wastewater 

stream is mixed with any other process wastewater stream 

containing vinyl chloride or total non-vinyl chloride HAP 

concentrations less than the applicable limits specified in 

Table 1 or 2 to this subpart, before being exposed to the 

atmosphere, and before being discharged from the affected 

source.

(b) Initial determination of process wastewater streams 

that need to be treated. You must determine which process 
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wastewater streams require treatment as specified in paragraph 

(b)(1) and (b)(2) of this section and meet the requirements of 

paragraph (c) and (d) of this section.

(1) You must collect process wastewater samples as 

specified in paragraphs (a)(1)(i) and (ii) of this section.

(i) For treated process wastewater streams, you must 

collect process wastewater samples at the outlet of the 

treatment process and before the process wastewater stream is 

mixed with any other process wastewater stream containing vinyl 

chloride or total non-vinyl chloride HAP concentrations less 

than the applicable limits specified in Table 1 or 2 to this 

subpart, before being exposed to the atmosphere, and before 

being discharged from the affected source. 

(ii) For untreated process wastewater streams, you must 

collect process wastewater samples at the location immediately 

as the stream leaves a piece of process equipment, before being 

mixed with any other process stream or process wastewater 

stream, before being exposed to the atmosphere, and before being 

discharged from the affected source. 

(2) You must measure the concentration of vinyl chloride 

and total non-vinyl chloride HAP using the test methods and 

procedures specified in §63.11980.
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(c) Requirements for process wastewater streams that must 

be treated. Each process wastewater stream that has a vinyl 

chloride or total non-vinyl chloride HAP concentration equal to 

or greater than the limits specified in Table 1 or 2 to this 

subpart, determined pursuant to paragraph (a) of this section 

must be treated to reduce the concentration of vinyl chloride or 

total non-vinyl chloride HAP as specified in Table 3 to this 

subpart. You must route wastewater streams through hard piping 

directly to the treatment process and route the vent stream from 

the treatment process to a closed vent system and control device 

meeting the requirements of §§63.11925 through 63.11950. You 

must also meet the initial and continuous compliance 

requirements specified in §63.11970(a) and §63.11975.

(d) Requirements for process wastewater streams that do not 

need to be treated. For each process wastewater stream that has 

a vinyl chloride or total non-vinyl chloride HAP concentration 

less than the limits specified in Table 1 or 2 to this subpart, 

determined pursuant to paragraph (a) of this section, you must 

meet the initial and continuous compliance requirements 

specified in §§63.11970(b) and 63.11975(b).

(e) Maintenance wastewater. You must comply with the 

requirements specified in §63.105 of subpart F of this part.
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(f) Determination of total non-vinyl chloride HAP. You must 

develop a facility-specific list of HAP that are expected to be 

present in each process wastewater stream at your PVCPU. This 

list must be continuously updated and must be available for 

inspection by the Administrator. This list must include the 

identification of each HAP expected to be present in each 

process wastewater stream, and the CAS number for each HAP.

(i) For the purposes of demonstrating initial and 

continuous compliance as required in §§63.11970 and 63.11975 of 

this subpart, you must meet the requirements specified in 

paragraphs (f)(i)(1) and (f)(i)(2) of this section.

(1) You must analyze each process wastewater sample for all 

Table 10 HAP using the test methods specified in §63.11980(a)(2) 

and (a)(3).

(2) You must also analyze each process wastewater sample 

for any HAP that are not a Table 10 HAP but are expected to be 

present in that sample based on your facility-specific list of 

HAP using the appropriate test method specified in 

§63.11980(a)(2).

§63.11970 What are my initial compliance requirements for 

process wastewater?

(a) Demonstration of initial compliance for process 

wastewater streams that must be treated. For each process 
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wastewater stream that must be treated as specified in 

§63.11965(b) and (c), you must conduct an initial performance 

test for the wastewater treatment process, measuring the 

concentration of vinyl chloride and total non-vinyl chloride HAP 

in the wastewater stream at the outlet of the wastewater 

treatment process before the wastewater is exposed to the 

atmosphere, mixed with any other process stream, and before 

being discharged from the affected facility, using the test 

method(s) and procedures specified in §63.11980(a).

(b) Demonstration of initial compliance for process 

wastewater streams that are not required to be treated. For each 

process wastewater stream that has a vinyl chloride or total 

non-vinyl chloride HAP concentration less than the limits 

specified in Table 3 to this subpart, you must use the 

measurement specified in §63.11965(b)(1)(ii) to demonstrate 

initial compliance.

§63.11975 What are my continuous compliance requirements for 

process wastewater?

(a) For each process wastewater stream that must be treated 

to reduce the concentration of vinyl chloride or total non-vinyl 

chloride HAP as specified in §63.11965(b) and (c), you must 

demonstrate continuous compliance as specified in paragraph (b) 

of this section. For each process wastewater stream for which 
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you initially determine in §63.11970(b) that treatment is not 

required to reduce either vinyl chloride or total non-vinyl 

chloride HAP concentration, you must demonstrate continuous 

compliance as specified in paragraph (c) of this section.

(b) For each process wastewater stream that must be treated 

according to §63.11965(b), you must demonstrate continuous 

compliance with the emission limits for vinyl chloride and total 

non-vinyl chloride HAP specified in Table 1 or 2 to this subpart 

by following the procedures specified in paragraphs (b)(1) and 

(2) of this section.

(1) Following your demonstration of initial compliance in 

§63.11970(a)(1), make monthly measurements of the vinyl chloride 

and total non-vinyl chloride HAP concentrations using the 

procedures and methods specified in §63.11965(b)(1) and (b)(2).

(2) You must demonstrate continuous compliance with the 

emission limits in Table 1 or 2 to this subpart on a monthly 

basis, using the monthly concentration measurement specified in 

paragraph (b)(2) of this section.

(c) For each wastewater stream for which you initially 

determine in §63.11970(b) that treatment is not required to 

reduce the vinyl chloride or total non-vinyl chloride HAP 

concentration, you must demonstrate continuous compliance as 

specified in paragraphs (c)(1) and (2) of this section.
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(1) Conduct annual performance tests, measuring the vinyl 

chloride and total non-vinyl chloride HAP concentrations using 

the procedures and methods specified in §63.11965(b)(1) and 

(b)(2).

(2) If any annual performance test conducted as specified 

in paragraph (c)(1) of this section results in a concentration 

of vinyl chloride or total non-vinyl chloride HAP in the process 

wastewater stream that is greater than or equal to the emission 

limits in Table 1 or 2 to this subpart, then you must meet the 

requirements of §63.11965(c) and you must demonstrate initial 

and continuous compliance as specified in §63.11970 and this 

section.

§63.11980 What are the test methods and calculation procedures 

for process wastewater?

(a) Performance test methods and procedures. You must 

determine the concentration of vinyl chloride and total nonvinyl chloride HAP using the test methods and procedures 

specified in paragraphs (a)(1) through (4) of this section. Upon 

request, the owner or operator shall make available to the 

Administrator such records as may be necessary to determine the 

conditions of performance tests.

(1) You must conduct performance tests during worst-case 

operating conditions for the PVCPU when the process wastewater 
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treatment process is operating as close as possible to maximum 

operating conditions. If the wastewater treatment process will 

be operating at several different sets of operating conditions, 

you must supplement the testing with additional testing, 

modeling or engineering assessments to demonstrate compliance 

with the emission limits. 

(2) For measuring total non-vinyl chloride HAP, you must 

conduct sampling and analysis using the methods specified in 

paragraphs (a)(2)(i) through (iv) of this section. 

(i) SW-846-8260B, Volatile Organic Compounds by Gas 

Chromatography/Mass spectrometry (GC/MS), Revision 3, February 

2007, in "Test Methods for Evaluating Solid Waste, 

Physical/Chemical Methods," EPA Publication No. SW-846, Third 

Edition (incorporated by reference, see §63.14) for analysis of 

volatile organic compounds listed in Table 10 of this subpart.

(ii) SW-846-8270D, Semivolatile Organic Compounds by Gas 

Chromatography/Mass spectrometry (GC/MS), Revision 4, February 

2007, in "Test Methods for Evaluating Solid Waste, EPA 

Publication No. SW-846, Third Edition (incorporated by 

reference, see §63.14) for analysis of semivolatile organic 

compounds.

(iii) SW-846-8315A, Determination of Carbonyl Compounds by 

High Performance Liquid Chromatography (HPLC), Revision 1, 
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December 1996, in "Test Methods for Evaluating Solid Waste, 

Physical/Chemical Methods," EPA Publication No. SW-846, Third 

Edition (incorporated by reference, see §63.14) for analysis of 

aldehyde compounds.

(iv) SW-846-8015C, Nonhalogenated Organics by Gas 

Chromatography, Revision 3, February 2007, in "Test Methods for 

Evaluating Solid Waste, EPA Publication No. SW-846, Third 

Edition (incorporated by reference, see §63.14) for analysis of 

alcohol compounds.

(3) For measuring vinyl chloride, you must use Method 107 

at 40 CFR part 61, appendix B.

(4) When using the methods in paragraph (a)(2) and (3) of 

this section, you must meet the requirements in paragraphs 

(a)(4)(i) through (iii) of this section.

(i) Sample collection may consist of grab or composite 

samples.

(ii) Samples must be taken before the process wastewater 

stream is exposed to the atmosphere.

(iii) You must ensure that sample collection, preservation, 

transport, and analysis minimizes loss of HAP and maintains 

sample integrity.

(b) Method for calculating total non-vinyl chloride HAP 

concentration. For each process wastewater stream analyzed using 
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the methods specified in paragraph (a) of this section, 

calculate the sum of the measured concentrations of each HAP 

analyzed as required in §63.11965(f)(i) by using Equation 1 to 

this section.

n

i

TNVCH Ci

C

1

(Eq. 1)

Where:

CTNVCH = Concentration of total non-vinyl chloride HAP, in 

parts per million by weight (ppmw).

Ci = Concentration of individual HAP present in the sample 

analyzed pursuant to §63.11965(f)(i) excluding vinyl 

chloride, in ppmw, where a value of zero should be 

used for any HAP concentration that is below the 

detection limit.

Notifications, Reports and Records

§63.11985 What notifications and reports must I submit and when?

In addition to the notifications and reports required in 

subpart A of this part, as specified in Table 4 to this subpart, 

you must submit the additional information and reports specified 

in paragraphs (a) through (c) of this section, as applicable.

(a) Notification of compliance status. When submitting the 

notification of compliance status required in §63.9(h), you must 

also include the information specified in paragraphs (a)(1) 

through (9) of this section, as applicable.
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(1) You must include an identification of the storage 

vessels subject to this subpart, including the capacity and 

liquid stored for each vessel. You must submit the information 

specified in paragraph (a)(2) of this section for each pressure 

vessel.

(2) You must include the information specified in 

§63.1039(a) for equipment leaks.

(3) You must include an identification of the heat exchange 

systems that are subject to the requirements of this subpart.

(4) You must include the operating limit for each 

monitoring parameter identified for each control device used to 

meet the emission limits in Table 1 or 2 to this subpart, as 

determined pursuant to §63.11935(d). This report must include 

the information in §63.11935(d), as applicable.

(5) You must include the records specified in paragraphs 

(a)(5)(i) through (iii) of this section, as applicable, for 

process vents.

(i) You must include the performance test records specified 

in §63.11990(f)(1), as applicable. These reports must include 

one complete test report for each test method used for each 

process vent. A complete test report must include a brief 

process description, sampling site description, description of 

sampling and analysis procedures and any modifications to 
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standard procedures, quality assurance procedures, record of 

operating conditions during the test, record of preparation of 

standards, record of calibrations, raw data sheets for field 

sampling, raw data sheets for field and laboratory analyses, 

documentation of calculations and any other information required 

by the test method. For additional tests performed for the same 

kind of emission point using the same method, the results and 

any other information required in applicable sections of this 

subpart must be submitted, but a complete test report is not 

required.

(ii) You must include the information specified in 

paragraphs (a)(5)(ii)(A) through (C) of this section for batch 

process vent operations.

(A) Descriptions of worst-case operating and/or testing 

conditions for control devices including results of emissions 

profiles.

(B) Calculations used to demonstrate initial compliance 

according to §§63.11945 and 63.11950, including documentation of 

the proper operation of a process condenser(s) as specified in 

§63.11950(c)(2)(ii).

(C) Data and rationale used to support an engineering 

assessment to calculate emissions in accordance with 

§63.11950(i).
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(iii) If you use a control device other than those listed 

in §63.11940 for your process vent, you must include a 

description of the parameters to be monitored to ensure the 

control device is operated in conformance with its design and 

achieves the specified emission limitation and an explanation of 

the criteria used to select the parameter; and a description of 

the methods and procedures that will be used to demonstrate that 

the parameter indicates proper operation of the control device, 

the schedule for this demonstration, and a statement that you 

will establish an operating limit for the monitored parameter as 

specified in paragraph (a)(4) of this section.

(6) [Reserved]

(7) You must include the records specified in paragraphs 

(a)(7)(i) and (ii) of this section, as applicable, for resin 

strippers.

(i) You must include an identification of each resin 

stripper and resin type subject to the requirements of this 

subpart.

(ii) You must include results of the initial testing used 

to determine initial compliance with the stripped resin limits 

in Table 1 or 2 to this subpart.
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(8) You must include the records specified in paragraphs 

(a)(8)(i) and (ii) of this section, as applicable, for process 

wastewater.

(i) You must include an identification of each process 

wastewater stream subject to the requirements of this subpart, 

and the results of your determination for each stream as to 

whether it must be treated to meet the limits of Table 1 or 2 to 

this subpart. You must also include a description of the 

treatment process to be used for each process wastewater stream 

that requires treatment.

(ii) You must include results of the initial sampling used 

to determine initial compliance with the vinyl chloride and 

total non-vinyl chloride HAP limits in Table 1 or Table 2 to 

this subpart.

(9) You must include a certification of compliance, signed 

by a responsible official, as applicable that states the 

following:

(i) "This facility complies with the requirements in this 

subpart for storage vessels."

(ii) "This facility complies with the requirements in this 

subpart for equipment leaks."

(iii) "This facility complies with the requirements in this 

subpart for heat exchange systems."
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(iv) "This facility complies with the requirements in this 

subpart for HAP emissions from process vents."

(v) "This facility complies with the requirements in this 

subpart for other emission sources."

(vi) "This facility complies with the requirements in this 

subpart for the stripped resin."

(vii) "This facility complies with the requirements in this 

subpart for wastewater."

(b) Compliance reports. When submitting the excess 

emissions and continuous monitoring system performance report 

and summary report required in §63.10(e)(3), you must also 

include the information specified in paragraphs (b)(1) through 

(10) of this section, as applicable. This report is referred to 

in this subpart as your compliance report.

(1) You must include a copy of the inspection record 

specified in §63.11990(b)(2) for each storage vessel when a 

defect, failure, or leak is detected. You must also include a 

copy of the applicable information specified in §63.1039(b)(5) 

through (8) of subpart UU of this part for each pressure vessel.

(2) You must include the information specified in 

§63.1039(b) for equipment leaks, except for releases from 

pressure relief devices. For any releases from pressure relief 

devices, you must submit the report specified in paragraph 
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(c)(8) of this section instead of the information specified in 

§63.1039(b)(1) through (3) of subpart UU of this part.

(3) You must include the information specified in 

paragraphs (b)(3)(i) through (vi) of this section for heat 

exchange systems.

(i) The number of heat exchange systems in HAP service.

(ii) The number of heat exchange systems in HAP service 

found to be leaking.

(iii) A summary of the monitoring data that indicate a 

leak, including the number of leaks determined to be equal to or 

greater than the leak definition.

(iv) If applicable, the date a leak was identified, the 

date the source of the leak was identified and the date of 

repair.

(v) If applicable, a summary of each delayed repair, 

including the original date and reason for the delay and the 

date of repair, if repaired during the reporting period.

(vi) If applicable, an estimate of total VOC or vinyl 

chloride emissions for each delayed repair over the reporting 

period.

(4) You must include the records specified in paragraphs 

(b)(4)(i) through (iii) of this section, as applicable, for 

process vents, resin strippers, and wastewater.
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(i) Deviations using CEMS or CPMS. For each deviation from 

an emission limit or operating limit where a CEMS or CPMS is

being used to comply with the process vent emission limits in 

Table 1 or Table 2 to this subpart, you must include the 

information in paragraphs (b)(4)(i)(A) through (E) of this 

section.

(A) For CEMS, the 3-hour block average value calculated for 

any period when the value is higher than an emission limit in 

Table 1 or 2 to this subpart or when the value does not meet the 

data availability requirements defined in §63.11890(c).

(B) For CPMS, the average value calculated for any day 

(based on the data averaging periods for compliance specified in 

Table 5 to this subpart) that does not meet your operating limit 

established according to §63.11935(d) or that does not meet the 

data availability requirements specified in §63.11890(c).

(C) The cause for the calculated emission level or 

operating parameter level do not meet the established emission 

limit or operating limit.

(D) For deviations caused by lack of monitoring data, the 

duration of periods when monitoring data were not collected.

(E) Operating logs of batch process operations for each day 

during which the deviation occurred, including a description of 

the operating scenario(s) during the deviation.
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(ii) New operating scenario. Include each new operating 

scenario that has been operated since the time period covered by 

the last compliance report and has not been submitted in the 

notification of compliance status report or a previous 

compliance report. For each new operating scenario, you must 

provide verification that the operating conditions for any 

associated control or treatment device have not been exceeded 

and constitute proper operation for the new operating scenario. 

You must provide any required calculations and engineering 

analyses that have been performed for the new operating 

scenario. For the purposes of this paragraph (b)(4)(ii), a 

revised operating scenario for an existing process is considered 

to be a new operating scenario when one or more of the data 

elements listed in §63.11990(e)(4) have changed.

(iii) Process changes. You must document process changes, 

or changes made to any of the information submitted in the 

notification of compliance status report or a previous 

compliance report, that is not within the scope of an existing 

operating scenario, in the compliance report. The notification 

must include all of the information in paragraphs (b)(4)(iii)(A) 

through (C) of this section.

(A) A description of the process change.
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(B) Revisions to any of the information reported in the 

original notification of compliance status report as provided in 

paragraph (a) of this section.

(C) Information required by the notification of compliance 

status report, as provided in paragraph (a) of this section, for 

changes involving the addition of processes, components or 

equipment at the affected source.

(5) You must submit the applicable information specified in 

paragraphs (b)(5)(i) through (iii) of this section for process 

vents.

(i) For catalytic thermal oxidizers for which you have 

selected the alternative monitoring specified in 

§63.11940(b)(3), results of the annual catalyst sampling and 

inspections required by §63.11940(b)(3)(i) and (ii) including 

any subsequent corrective actions taken.

(ii) For regenerative adsorbers, results of the adsorber 

bed outlet volatile organic compounds concentration measurements 

specified in §63.11940(d)(7).

(iii) For non-regenerative adsorbers, results of the 

adsorber bed outlet volatile organic compounds concentration 

measurements specified in §63.11940(e)(2).
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(6) You must include the records specified in §63.11990(j) 

for other emission sources.

(7) For resin stripper operations, you must include results 

of daily vinyl chloride and monthly total non-vinyl chloride HAP 

concentration results for each resin type produced within the 

PVCPU that did not meet the stripped resin emission limits in 

Table 1 or 2 to this subpart, as applicable.

(8) You must include the information specified in 

paragraphs (b)(8)(i) and (ii) of this section for your 

wastewater streams.

(i) Results of daily vinyl chloride and monthly total nonvinyl chloride HAP concentration results for each process 

wastewater stream discharged from the affected source that did 

not meet the process wastewater emission limits in Tables 1 or 2 

to this subpart.

(ii) If you must comply with §63.11965, you must include 

any other applicable information that is required by the 

reporting requirements specified in §63.146.

(9) For closed vent systems subject to the requirements of 

§63.11930, you must include the information specified in 

paragraphs (b)(9)(i) through (iv) of this section, as 

applicable.
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(i) As applicable, records as specified in 

§63.11930(g)(1)(i) for all times when flow was detected in the 

bypass line, the vent stream was diverted from the control 

device, or the flow indicator was not operating.

(ii) As applicable, records as specified in 

§63.11930(g)(1)(ii) for all occurrences of all periods when a 

bypass of the system was indicated (the seal mechanism is 

broken, the bypass line valve position has changed, or the key 

for a lock-and-key type lock has been checked out, and records 

of any car-seal that has been broken).

(iii) Records of all times when monitoring of the system 

was not performed as specified in §63.11930(d) and (e), or 

repairs were not performed as specified in §63.11930(f), or 

records were not kept as specified in §63.11930(g)(2).

(iv) Records of each time an alarm on a closed vent system 

operating in vacuum service is triggered as specified in 

§63.11930(h) including the cause for the alarm and the 

corrective action taken.

(10) Overlap with title V reports. Information required by 

this subpart, which is submitted with a title V periodic report, 

does not need to be included in a subsequent compliance report 

required by this subpart or subpart referenced by this subpart. 
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The title V report must be referenced in the compliance report 

required by this subpart.

(c) Other notifications and reports. You must submit the 

other notification and reports, as specified in paragraphs 

(c)(1) through (11) of this section, as applicable.

(1) Notification of inspection. To provide the 

Administrator the opportunity to have an observer present, you 

must notify the Administrator at least 30 days before an 

inspection required by §63.11910 and §63.11930. If an inspection 

is unplanned and you could not have known about the inspection 

30 days in advance, then you must notify the Administrator at 

least 7 days before the inspection. Notification must be made by 

telephone immediately followed by written documentation 

demonstrating why the inspection was unplanned. Alternatively, 

the notification including the written documentation may be made 

in writing and sent so that it is received by the Administrator 

at least 7 days before the inspection. If a delegated State or 

local agency is notified, you are not required to notify the 

Administrator. A delegated State or local agency may waive the 

requirement for notification of inspections.

(2) Batch precompliance report. You must submit a batch 

precompliance report at least 6 months prior to the compliance 

date of this subpart that includes a description of the test 
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conditions, data, calculations and other information used to 

establish operating limits according to §63.11935(d) for all 

batch operations. If you use an engineering assessment as 

specified in §63.11950(i), you must also include data or other 

information supporting a finding that the emissions estimation 

equations in §63.11950(a) through (h) are inappropriate. If we 

disapprove the report, you must still be in compliance with the 

emission limitations and work practice standards of this subpart 

by your compliance date. To change any of the information 

submitted in the report, you must notify us 60 days before you 

implement the planned change.

(3) Other control device reporting provisions. If you are 

using a control device other than those listed in this subpart, 

you must submit the information as specified in paragraphs 

(c)(3)(i) through (iii) of this section.

(i) A description of the proposed control device.

(ii) A description of the parameter(s) to be monitored to 

ensure the control device is operated in conformance with its 

design and achieves the performance level as specified in this 

subpart and an explanation of the criteria used to select the 

parameter(s).

(iii) The frequency and content of monitoring, recording, 

and reporting if monitoring and recording is not continuous, or 
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if compliance reports, as specified in paragraph (b)(4)(i)(A) of 

this section, will not contain 3-hour block average values when 

the monitored parameter value does not meet the established 

operating limit. The rationale for the proposed monitoring, 

recording, and reporting system must be included.

(4) Affirmative defense notification and report.

(i) As specified in §63.11895(b), if your affected source 

experiences an exceedance of its emission limit(s) during a 

malfunction, you must notify the Administrator by telephone or 

facsimile (fax) transmission as soon as possible, but no later 

than 2 business days after the initial occurrence of the 

malfunction, if you wish to avail yourself of an affirmative 

defense to civil penalties for that malfunction.

(ii) If you seek to assert an affirmative defense, you must 

follow the procedures in paragraph (c)(4)(i) of this section and 

submit a written report as specified in §63.11895 to the 

Administrator within 45 days of the initial occurrence of the 

exceedance of the standard in §63.11880 to demonstrate, with all 

necessary supporting documentation, that you have met the 

requirements set forth in §63.11895(a).

(5) Request for approval to use alternative monitoring 

methods. Prior to your initial notification of compliance 

status, you may submit requests for approval to use alternatives 
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to the continuous operating parameter monitoring specified in 

this rule, as provided for in §§63.11940(j)(1), 

63.11960(c)(1)(iv)(A) and 63.11975(a)(1)(iv)(A), following the 

same procedure as specified in §63.8. The information specified 

in paragraphs (c)(5)(i) and (ii) of this section must be 

included.

(i) A description of the proposed alternative system.

(ii) Information justifying your request for an alternative 

method, such as the technical or economic infeasibility, or the 

impracticality, of the affected source using the required 

method.

(6) Request for approval to monitor alternative parameters. 

Prior to your initial notification of compliance status, you may 

submit requests for approval to monitor a different parameter 

than those established in §63.11935(d) and as provided for in 

§§63.11940(j)(2), 63.11960(c)(1)(iv)(B) and 

63.11975(a)(1)(iv)(B), following the same procedure as specified 

for alternative monitoring methods in §63.8. The information 

specified in paragraphs (c)(6)(i) through (iii) of this section 

must be included in the request.

(i) A description of the parameter(s) to be monitored to 

ensure the control technology or pollution prevention measure is 

operated in conformance with its design and achieves the 
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specified emission limit and an explanation of the criteria used 

to select the parameter(s).

(ii) A description of the methods and procedures that will 

be used to demonstrate that the parameter indicates proper 

operation of the control device, the schedule for this 

demonstration, and a statement that you will establish an 

operating limit for the monitored parameter(s) as part of the 

notification of compliance status if required under this 

subpart, unless this information has already been submitted.

(iii) The frequency and content of monitoring, recording, 

and reporting, if monitoring and recording is not continuous. 

The rationale for the proposed monitoring, recording, and 

reporting system must be included.

(7) [Reserved]

(8) Pressure relief device, closed vent system in vacuum 

service, bypass deviation, or pressure vessel closure device 

deviation report. If any pressure relief device in HAP service 

or any piece of equipment or closed vent system has discharged 

to the atmosphere as specified in §§63.11910(c)(4), 63.11915(c), 

63.11930(c) or 63.11930(h), you must submit to the Administrator 

within 10 days of the discharge the following information:

(i) The source, nature and cause of the discharge.

(ii) The date, time and duration of the discharge.
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(iii) An estimate of the quantity of vinyl chloride and 

total HAP emitted during the discharge and the method used for 

determining this quantity.

(iv) The actions taken to prevent this discharge.

(v) The measures adopted to prevent future such discharges.

(9) Commencing and ceasing operation of continuous 

emissions monitoring systems. Before starting or stopping the 

use of CEMS you must notify the Administrator as specified in 

§63.11935(b)(7).

(10) Data Submittal.

(i) Within 60 days after the date of completing each 

performance test (see §60.8) required by this subpart, you must 

submit performance test data, except opacity data, 

electronically to the EPA's Central Data Exchange (CDX) by using 

the Electronic Reporting Tool (ERT) (see 

http://www.epa.gov/ttn/chief/ert/ert_tool.html). Only data 

collected using test methods compatible with ERT are subject to 

this requirement to be submitted electronically to EPA's CDX.

(ii) Within 60 days after the date of completing each CEMS 

performance evaluation test (see §60.13), you must submit the 

relative accuracy test audit data electronically into EPA's CDX 

by using the ERT, as mentioned in paragraph (c)(10)(i) of this 

section. Only data collected using test methods compatible with 
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ERT are subject to this requirement to be submitted 

electronically to EPA's CDX.

(iii) All reports required by this subpart not subject to 

the requirements in paragraphs (c)(10)(i) and (ii) of this 

section must be sent to the Administrator at the appropriate 

address listed in §63.13. The Administrator or the delegated 

authority may request a report in any form suitable for the 

specific case (e.g., by electronic media such as Excel 

spreadsheet, on CD or hard copy). The Administrator retains the 

right to require submittal of reports subject to paragraphs 

(c)(10)(i) and (ii) of this section in paper format.

§63.11990 What records must I keep?

You must keep records as specified in paragraphs (a) 

through (j) of this section, as applicable.

(a) Copies of reports. You must keep a copy of each 

notification and report that you submit to comply with this 

subpart, including all documentation supporting any notification 

or report. You must also keep copies of the current versions of 

the site-specific performance evaluation test plan, sitespecific monitoring plan, and the equipment leak detection and 

repair plan.
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(b) Storage vessels. For storage vessels, you must maintain 

the records specified in paragraphs (b)(1) through (5) of this 

section.

(1) You must keep a record of the dimensions of the storage 

vessel, an analysis of the capacity of the storage vessel and an 

identification of the liquid stored.

(2) Inspection records for fixed roofs complying with 

§63.11910 including the information specified in paragraphs 

(b)(2)(i) and (ii) of this section.

(i) Record the date of each inspection required by 

§63.11910(a)(3).

(ii) For each defect detected during an inspection required 

by §63.11910(a)(3), record the location of the defect, a 

description of the defect, the date of detection and corrective 

action taken to repair the defect. In the event that repair of 

the defect is delayed in accordance with §63.11910(a)(4)(ii), 

also record the reason for the delay and the date that 

completion of repair of the defect is expected.

(3) For degassing and cleaning events, you must maintain 

the records specified in paragraphs (b)(3)(i) and (ii) of this 

section.

(i) Keep records of the storage vessel identification and 

date of each degassing and cleaning event.
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(ii) Estimate and keep records of the emissions from each 

degassing and cleaning event.

(4) For pressure vessels, you must keep the records 

specified in paragraph (c) of this section for each pressure 

vessel.

(5) For internal and external floating roof storage 

vessels, you must maintain the records required in §63.1065 of 

subpart WW of this part.

(c) Equipment leaks. For equipment leaks, you must maintain 

the records specified in §63.1038 of subpart UU of this part for 

equipment leaks and a record of the information specified in 

§63.11930(g)(4) for monitoring instrument calibrations conducted 

according to §63.11930(e)(2).

(d) Heat exchange systems. For a heat exchange system 

subject to this subpart, you must keep the records specified in 

paragraphs (d)(1) through (6) of this section.

(1) Identification of all heat exchangers at the facility 

and the measured or estimated average annual HAP concentration 

of process fluid or intervening cooling fluid processed in each 

heat exchanger.

(2) Identification of all heat exchange systems that are in 

HAP service. For each heat exchange system that is subject to 

this subpart, you must include identification of all heat 
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exchangers within each heat exchange system, identification of 

the individual heat exchangers in HAP service within each heat 

exchange system, and for closed-loop recirculation systems, the 

cooling tower included in each heat exchange system.

(3) Identification of all heat exchange systems that are 

exempt from the monitoring requirements according to the 

provisions in §63.11920(b) and the provision under which the 

heat exchange system is exempt.

(4) Results of the following monitoring data for each 

monitoring event:

(i) Date/time of event.

(ii) Heat exchange exit line flow or cooling tower return 

line flow at the sampling location, gallons/minute.

(iii) Monitoring method employed.

(iv) The measured cooling water concentration for each of 

target analyte (parts per billion by weight).

(v) Calibration and recovery information identified in the 

test method used.

(5) The date when a leak was identified and the date when 

the heat exchanger was repaired or taken out of service.

(6) If a repair is delayed, the reason for the delay, the 

schedule for completing the repair, and the estimate of 

potential emissions for the delay of repair.
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(e) Process vents, resin strippers and wastewater. You must 

include the records specified in paragraphs (e)(1) through (4) 

of this section, as applicable, for process vents, resin 

strippers and wastewater.

(1) Continuous records. Where this subpart requires a 

continuous record using CEMS or CPMS, you must maintain, at a 

minimum, the records specified in §63.10(b)(2)(vii)(A).

(2) Excluded data. In any average computed to determine 

compliance, you must exclude monitoring data recorded during 

periods specified in paragraphs (e)(2)(i) through (iii) of this 

section.

(i) Periods of non-operation of the process unit (or 

portion thereof), resulting in cessation of the emissions to 

which the monitoring applies.

(ii) Periods of no flow to a control device.

(iii) Monitoring system malfunctions, repairs associated 

with monitoring system malfunctions or required monitoring 

system quality assurance or control activities, as specified in 

§63.11890(c)(2).

(3) Records of calculated emission and operating parameter 

values. You must retain for 5 years, a record of CEMS and CPMS 

data as specified in paragraphs (e)(3)(i) and (ii) of this 
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section, unless an alternative recordkeeping system has been 

requested and approved.

(i) Except as specified in paragraphs (e)(3)(ii) of this 

section, retain for 5 years, the records of the average values 

for each continuously monitored operating parameter and 

pollutant specified in §§63.11925(e)(3)(ii), 

63.11925(e)(4)(ii)(B), 63.11960(c)(2) and 63.11975(a)(2) for 

CEMS and CPMS.(ii) In lieu of calculating and recording the 

average value specified in paragraphs (e)(3)(i) of this section, 

if all 1-hour averages specified in §63.11935(e) demonstrate 

compliance with your parameter operating limit or the applicable 

pollutant emission limit in Table 1 or 2 to this subpart for the 

block average period, you may record a statement that all 

recorded 1-hour averages met the operating limit or emission 

limit, as applicable, and retain for 5 years this statement and 

all recorded CPMS or CEMS data for the block average period.

(4) Information to be included in records. You must keep 

records of each operating scenario as specified in paragraphs 

(e)(4)(i) through (viii) of this section, as applicable.

(i) You must keep a schedule or log of operating scenarios, 

updated each time a different operating scenario is put into 

effect.
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(ii) A description of the process and the type of process 

components used.

(iii) An identification of related process vents, 

wastewater streams, or resin strippers including their 

associated emissions episodes.

(iv) The applicable control requirements of this subpart 

for process vents, resin strippers and/or treatment processes.

(v) The control device, resin stripper, and/or treatment 

process, including a description of operating and testing 

conditions.

(vi) Combined emissions that are routed to the same control 

device, resin stripper, and/or treatment process.

(vii) The applicable monitoring requirements of this 

subpart and any operating limit that assures compliance for all 

emissions routed to the control device resin stripper and/or 

treatment process.

(viii) Calculations and engineering analyses required to 

demonstrate compliance.

(f) Process vents. You must include the records specified 

in paragraphs (f)(1) and (2) of this section, as applicable, for 

process vents.

(1) Records of performance tests as required in 

§63.10(b)(2)(viii). You must also collect the applicable control 
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device operating parameters required in §63.11940 over the full 

period of the performance test.

(2) If you use a control device to comply with this subpart 

and you are required to use CPMS, you must keep up-to-date and 

readily accessible records for your process vents as specified 

in paragraphs (f)(2)(i) through (iv) of this section, as 

applicable.

(i) If you use a flow indicator, you must keep records of 

periods of no flow to the control device, including the start 

and stop time and dates of periods of flow and no flow.

(ii) If you use a catalytic oxidizer for which you have 

selected the alternative monitoring specified in 

§63.11940(b)(3), you must also maintain records of the results 

of the annual catalyst sampling and inspections required by 

§63.11940(b)(3)(i) and (ii) including any subsequent corrective 

actions taken.

(iii) If you use a regenerative adsorber as specified in 

§63.11940(d), the records specified in paragraphs (f)(2)(iii)(A) 

through (H) of this section, as applicable, must be kept.

(A) Records of total regeneration stream mass flow for each 

adsorber-bed regeneration cycle.
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(B) Records of the temperature of the adsorber bed after 

each regeneration and within 15 minutes of completing any 

cooling cycle.

(C) For non-vacuum and non-steam regeneration systems, 

records of the temperature of the adsorber bed during each 

regeneration except during any temperature regulating (cooling 

or warming to bring bed temperature closer to vent gas 

temperature) portion of the regeneration cycle.

(D) If adsorber regeneration vacuum is monitored pursuant 

to §63.11940(d)(4), records of the vacuum profile over time and 

the amount of time the vacuum level is below the minimum vacuum 

target for each adsorber-bed regeneration cycle.

(E) Records of the regeneration frequency and duration.

(F) Daily records of the verification inspections, 

including the visual observations and/or any activation of an 

automated alarm or shutdown system with a written entry into a 

log book or other permanent form of record.

(G) Records of the maximum volatile organic compound or HAP 

outlet concentration observed over the last 5 minutes of the 

adsorption cycle for each adsorber bed. Records must be weekly 

or for every regeneration cycle if the regeneration cycle is 

greater than 1 week.
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(H) Records of the date and time the adsorbent had last 

been replaced.

(iv) If you use a non-regenerative adsorber as specified in 

§63.11940(e), the records specified in paragraphs (f)(2)(iv)(A) 

through (C) of this section, as applicable, must be kept.

(A) A record of the average life of the bed, as determined 

by §63.11940(e)(1), including the date the average life was 

determined.

(B) Daily, weekly, or monthly records of the maximum 

volatile organic compound or HAP outlet concentration, as 

specified by §63.11940(e)(2).

(C) Records of bed replacement including the date and time 

the adsorbent had last been replaced, and the date and time in 

which breakthrough is detected.

(g) Closed vent systems. You must keep the records 

specified in paragraphs (g)(1) through (6) of this section, and 

you must record any additional information as specified in 

§63.11930, as applicable.

(1) Each alarm triggered because flow was detected in a 

bypass as specified in §63.11930(g)(1)(i).

(2) Inspections of seals or closure mechanisms as specified 

in §63.11930(g)(1)(ii).
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(3) Copies of compliance reports for closed vent system 

leak inspections as specified in §63.11985(b)(9) and 

§63.11930(g)(2) and (3).

(4) Instrument calibration records as specified in 

§63.11930(g)(4).

(5) Unsafe-to-inspect equipment as specified in 

§63.11930(g)(5).

(6) Pressure alarms as specified by §63.11930(h)(2) and 

(3).

(h) Resin stripper. For resin strippers, you must maintain 

the records specified in paragraphs (h)(1) through (3) of this 

section.

(1) All resin sampling data, including daily measurements 

of the concentration of vinyl chloride and monthly measurements 

of the total non-vinyl chloride HAP compounds in the stripped 

resin for each type and grade of resin produced. Each sample 

must be identified by the resin type and resin grade, the date 

and time the sample was taken, identification of the resin 

stripper from which the sample was taken, and the corresponding 

quantity (pounds) of resin processed by the stripper for the 

batch or over the time period represented by the sample.

(2) The total quantity (pounds) of each resin grade 

produced per day and the total quantity of resin processed by 
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each resin stripper, identified by resin type and resin grade, 

per day.

(i) Process wastewater. For treatment processes, you must 

maintain the records specified in paragraphs (i)(1) through (6) 

of this section.

(1) A description of the process wastewater generation 

activities and treatment process.

(2) Records of the treatment determinations specified in 

§63.11965(a)(1)(i) and (ii) for each wastewater stream and the 

type of treatment applied if required in §63.11965(b) and (c).

(3) Records of the initial performance test specified in 

§63.11970(a).

(4) All testing data, including monthly measurements of the 

concentrations of vinyl chloride and the concentration of total 

non-vinyl chloride HAP in each process wastewater stream 

required to be measured, as specified in §63.11975.

(5) You must keep any other applicable records that are 

required by the recordkeeping requirements specified in §63.147 

of subpart G of this part.

(j) Other emission sources. You must keep the records 

specified in paragraphs (j)(1) and (2) of this section.

(1) All engineering calculations, testing, sampling, and 

monitoring results and data specified in §63.11955.
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(2) Each occurrence that you do not comply with the 

requirements in §63.11955.

§63.11995 In what form and how long must I keep my records?

(a) You must keep records for 5 years in a form suitable 

and readily available for expeditious review, as specified in 

§63.10(b)(1).

(b) You must keep each record on site for at least 2 years, 

as specified in §63.10(b)(1). You can keep the records off site 

for the remaining 3 years. Records may be maintained in hard 

copy or computer-readable format including, but not limited to, 

on paper, microfilm, hard disk drive, floppy disk, compact disk, 

magnetic tape or microfiche.

§63.12000 Who implements and enforces this subpart?

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

Administrator, as defined in §63.2, or a delegated authority 

such as your state, local or tribal agency. If the Administrator 

has delegated authority to your state, local or tribal agency, 

then that agency (as well as the Administrator) has the 

authority to implement and enforce this subpart. You should 

contact your EPA Regional Office to find out if this subpart is 

delegated to your State, local or tribal agency.

(b) In delegating implementation and enforcement authority 

of this subpart to a state, local or tribal agency, the 
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authorities listed in paragraphs (b)(1) through (4) of this 

section are retained by the Administrator and are not 

transferred to the state, local or tribal agency, however, the 

EPA retains oversight of this subpart and can take enforcement 

actions, as appropriate.

(1) Approval of alternatives to the emission limits, 

operating limits, and work practice standards specified in this 

subpart.

(2) Approval of a major change to test methods, as defined 

in §63.90, approval of any proposed analysis methods and 

approval of any proposed test methods.

(3) Approval of a major change to monitoring, as defined in 

§63.90.

(4) Approval of a major change to recordkeeping and 

reporting, as defined in §63.90.

Definitions

§63.12005 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:

Affirmative defense means, in the context of an enforcement 

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

regarding which the defendant has the burden of proof, and the 
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merits of which are independently and objectively evaluated in a 

judicial or administrative proceeding.

Batch emission episode means a discrete venting episode 

that is associated with a single unit operation. A unit 

operation may have more than one batch emission episode. For 

example, a displacement of vapor resulting from the charging of 

a vessel with HAP will result in a discrete emission episode 

that will last through the duration of the charge and will have 

an average flowrate equal to the rate of the charge. If the 

vessel is then heated, there will also be another discrete 

emission episode resulting from the expulsion of expanded vapor. 

Both emission episodes may occur in the same vessel or unit 

operation. There are possibly other emission episodes that may 

occur from the vessel or other process components, depending on 

process operations.

Batch operation means a noncontinuous operation involving 

intermittent or discontinuous feed into process components, and, 

in general, involves the emptying of the process components 

after the operation ceases and prior to beginning a new 

operation. Addition of raw material and withdrawal of product do 

not occur simultaneously in a batch operation.

Batch process vent means a vent from a batch operation from 

a PVCPU through which a HAP-containing gas stream has the 
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potential to be released to the atmosphere except that it is 

required by this subpart to routed to a closed vent system and 

control device. Emissions for all emission episodes associated 

with the unit operation(s) are part of the batch process vent. 

Batch process vents also include vents with intermittent flow 

from continuous operations. Examples of batch process vents 

include, but are not limited to, vents on condensers used for 

product recovery, polymerization reactors, and process tanks. 

Bottoms receiver means a tank that collects bottoms from 

continuous distillation before the stream is sent for storage or 

for further downstream processing. A rundown tank is an example 

of a bottoms receiver.

Bulk process means a process for producing polyvinyl 

chloride resin that is characterized by a two-step anhydrous 

polymerization process: the formation of small resin particles 

in a pre-polymerization reactor using small amounts of vinyl 

chloride monomer, an initiator, and agitation; and the growth of 

the resin particles in a post-polymerization reactor using 

additional vinyl chloride monomer. Resins produced using the 

bulk process are referred to as bulk resins.

Bypass means to direct a process vent or closed vent system 

stream to the atmosphere such that it does not first pass 

through an emission control device.
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Calendar year means the period between January 1 and 

December 31, inclusive for a given year.

Capacity means the nominal figure or rating given by the 

manufacturer of the storage vessel, condenser, or other process 

component.

Car-seal means a seal that is placed on a device that is 

used to change the position of a valve (e.g., from opened to 

closed) in such a way that the position of the valve cannot be 

changed without breaking the seal.

Closed vent system means a system that is not open to the 

atmosphere and is composed of piping, ductwork, connections, 

and, if necessary, flow inducing devices that collect or 

transport gas or vapor from an emission point to a control 

device.

Combustion device means an individual unit used for the 

combustion of organic emissions, such as a flare, incinerator, 

process heater, or boiler.

Conservation vent means an automatically operated (e.g., 

weight-loaded or spring-loaded) safety device used to prevent 

the operating pressure of a storage vessel from exceeding the 

maximum allowable working pressure of the process component. 

Conservation vents must be designed to open only when the 

operating pressure of the storage vessel exceeds the maximum 
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allowable working pressure of the process component. 

Conservation vents open and close to permit only the intake or 

outlet relief necessary to keep the storage vessel within 

permissible working pressures, and reseal automatically.

Container means a portable unit in which a material can be 

stored, transported, treated, disposed of or otherwise handled. 

Examples of containers include, but are not limited to, drums, 

pails, and portable cargo containers known as "portable tanks" 

or "totes." Container does not include transport vehicles or 

barges.

Continuous emission monitoring system (CEMS) means the 

total equipment that may be required to meet the data 

acquisition and availability requirements of this subpart, used 

to sample, condition (if applicable), analyze, and provide a 

record of emissions.

Continuous operation means any operation that is not a 

batch operation.

Continuous parameter monitoring system (CPMS) means the 

total equipment that may be required to meet the data 

acquisition and availability requirements of this part, used to 

sample, condition (if applicable), analyze, and provide a record 

of process or control system parameters.
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Continuous record means documentation, either in hard copy 

or computer readable form, of data values measured at least once 

every 15 minutes and recorded at the frequency specified in 

§63.11990(e)(1).

Continuous process vent means a vent from a continuous 

PVCPU operation through which a HAP-containing gas stream has 

the potential to be released to the atmosphere except that it is 

required by this subpart to routed to a closed vent system and 

control device and has the following characteristics: 

(1) The gas stream originates as a continuous flow from any 

continuous PVCPU operation during operation of the PVCPU.

(2) The discharge into the closed vent system and control 

device meets at least one of the following conditions:

(i) Is directly from any continuous operation.

(ii) Is from any continuous operation after passing solely 

(i.e., without passing through any other unit operation for a 

process purpose) through one or more recovery devices within the 

PVCPU.

(iii) Is from a device recovering only mechanical energy 

from a gas stream that comes either directly from any continuous 

operation, or from any continuous operation after passing solely 

(i.e., without passing through any other unit operation for a 
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process purpose) through one or more recovery devices within the 

PVCPU.

Continuous PVCPU operation means any operation that is not 

a batch operation or an operation that generates a miscellaneous 

process vent. 

Control device means, with the exceptions noted in this 

definition, a combustion device, recovery device, recapture 

device or any combination of these devices used to comply with 

this subpart. Process condensers are not control devices.

Control system means the combination of the closed vent 

system and the control devices used to collect and control 

vapors or gases from a regulated emission source.

Cooling tower means a heat removal device used to remove 

the heat absorbed in circulating cooling water systems by 

transferring the heat to the atmosphere using natural or 

mechanical draft.

Cooling tower return line means the main water trunk lines 

at the inlet to the cooling tower before exposure to the 

atmosphere.

Corrective action plan means a description of all 

reasonable interim and long-term measures, if any, that are 

available, and an explanation of why the selected corrective 
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action is the best alternative, including, but not limited to, 

any consideration of cost-effectiveness.

Day means a calendar day, unless otherwise specified in 

this subpart.

Degassing means the process of removing HAP organic gases 

from a storage vessel.

Dioxin/furans means total tetra- through octachlorinated 

dibenzo-p-dioxins and dibenzofurans.

Dispersion process means a process for producing polyvinyl 

chloride resin that is characterized by the formation of the 

polymers in soap micelles that contain small amounts of vinyl 

chloride monomer. Emulsifiers are used to disperse vinyl 

chloride monomer in the water phase. Initiators used in the 

dispersion process are soluble in water. Resins produced using 

the dispersion process are referred to as latex or dispersion 

resins.

Empty or emptying means the partial or complete removal of 

stored liquid from a storage vessel. Storage vessels that 

contain liquid only as a result of the liquid clinging to the 

walls or bottoms, or resting in pools due to bottom 

irregularities, are considered completely empty.

Equipment means each pump, compressor, agitator, pressure 

relief device, sampling connection system, open-ended valve or 
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line, valve, connector and instrumentation system in HAP 

service; and any control devices or systems used to comply with 

this subpart.

Fill or filling means the introduction of liquid into a 

storage vessel, but not necessarily to capacity.

First attempt at repair, for the purposes of this subpart, 

means to take action for the purpose of stopping or reducing 

leakage of organic material to the atmosphere, followed by 

monitoring as specified in §63.11930(f) to verify whether the 

leak is repaired, unless the owner or operator determines by 

other means that the leak is not repaired.

Fixed roof storage vessel means a vessel with roof that is 

mounted (i.e., permanently affixed) on a storage vessel and that 

does not move with fluctuations in stored liquid level.

Flow indicator means a device that indicates whether gas 

flow is, or whether the valve position would allow gas flow to 

be, present in a line.

Gasholder means a surge control vessel with a bell that is 

floating in a vessel filled with water that is used to store 

gases from the PVC production process prior to being recovered 

or sent to a process vent control device. The bell rises and 

falls as low-pressure gases enter and leave the space beneath 
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the bell and the water provides a seal between the enclosed gas 

within the floating bell and the ambient air.

Grade means the subdivision of PVC resin which describes it 

as a unique resin, i.e., the most exact description of a type of 

resin with no further subdivision. Examples include low 

molecular weight suspension resins and general purpose 

suspension resins.

Heat exchange system means a device or collection of 

devices used to transfer heat from process fluids to water 

without intentional direct contact of the process fluid with the 

water (i.e., non-contact heat exchanger) and to transport and/or 

cool the water in a closed-loop recirculation system (cooling 

tower system) or a once-through system (e.g., river or pond 

water). For closed-loop recirculation systems, the heat exchange 

system consists of a cooling tower, all heat exchangers that are 

serviced by that cooling tower and all water lines to and from 

the heat exchanger(s). For once-through systems, the heat 

exchange system consists of one or more heat exchangers 

servicing an individual process unit and all water lines to and 

from the heat exchanger(s). Intentional direct contact with 

process fluids results in the formation of a wastewater.

Heat exchanger exit line means the cooling water line from 

the exit of one or more heat exchangers (where cooling water 
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leaves the heat exchangers) to either the entrance of the 

cooling tower return line or prior to exposure to the atmosphere 

or mixing with non-cooling water streams, in, as an example, a 

once-through cooling system, whichever occurs first.

In HAP service means that a process component either 

contains or contacts a liquid that is at least 5-percent HAP by 

weight or a gas that is at least 5 percent by volume HAP as 

determined according to the provisions of §63.180(d). For the 

purposes of this definition, the term ―organic HAP‖ as used in 

§63.180(d) means HAP. The provisions of §63.180(d) also specify 

how to determine that a process component is not in HAP service.

In vacuum service means that the process component is 

operating at an internal pressure that is at least 5 kilopascals 

(kPa) (0.7 pounds per square inch absolute) below ambient 

pressure.

Incinerator means an enclosed combustion device with an 

enclosed fire box that is used for destroying organic compounds. 

Auxiliary fuel may be used to heat waste gas to combustion 

temperatures. Any energy recovery section present is not 

physically formed into one manufactured or assembled unit with 

the combustion section; rather, the energy recovery section is a 

separate section following the combustion section and the two 

are joined by ducts or connections carrying flue gas. This 
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energy recovery section limitation does not apply to an energy 

recovery section used solely to preheat the incoming vent stream 

or combustion air.

Maintenance wastewater means wastewater generated by the 

draining of process fluid from components in the PVCPU into an 

individual drain system prior to or during maintenance 

activities. Maintenance wastewater can be generated during 

planned and unplanned shutdowns and during periods not 

associated with a shutdown. Examples of activities that can 

generate maintenance wastewaters include descaling of heat 

exchanger tubing bundles, hydroblasting PVCPU process components 

such as polymerization reactors, vessels and heat exchangers, 

draining of low legs and high point bleeds, draining of pumps 

into an individual drain system, draining of portions of the 

PVCPU for repair and water used to wash out process components 

or equipment after the process components or equipment has 

already been opened to the atmosphere and has met the 

requirements of §63.11955.

Maximum representative operating conditions means process 

operating conditions that result in the most challenging 

condition for the control device. The most challenging condition 

for the control device may include, but is not limited to, the 

highest or lowest HAP mass loading rate to the control device, 
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the highest or lowest HAP mass loading rate of constituents that 

approach the limits of solubility for scrubbing media, the 

highest or lowest HAP mass loading rate of constituents that 

approach limits of solubility for scrubbing media.

Maximum true vapor pressure means the equilibrium partial 

pressure exerted by the total HAP in the stored or transferred 

liquid at the temperature equal to the highest calendar-month 

average of the liquid storage or transfer temperature for 

liquids stored or transferred above or below the ambient 

temperature or at the local maximum monthly average temperature 

as reported by the National Weather Service for liquids stored 

or transferred at the ambient temperature, as determined by any 

one of the following methods or references:

(1) In accordance with methods described in American 

Petroleum Institute Publication 2517, Evaporative Loss From 

External Floating-Roof Tanks (incorporated by reference, see 

§63.14).

(2) As obtained from standard reference texts.

(3) As determined by the American Society for Testing and 

Materials Method D2879-10 (incorporated by reference, see 

§63.14).

(4) Any other method approved by the Administrator.
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Miscellaneous vent means gaseous emissions from samples, 

loading and unloading lines, slip gauges, process wastewater 

treatment systems and pressure relief devices that are routed 

through a closed vent system to a control device and that are 

not equipment leaks.

Nonstandard batch means a batch process that is operated 

outside of the range of operating conditions that are documented 

in an existing operating scenario, but is still a reasonably 

anticipated event. For example, a nonstandard batch occurs when 

additional processing or processing at different operating 

conditions must be conducted to produce a product that is 

normally produced under the conditions described by the standard 

batch. A nonstandard batch may be necessary as a result of a 

malfunction, but it is not itself a malfunction.

Operating block means a period of time that is equal to the 

time from the beginning to end of batch process operations 

within a process.

Operating day means a 24-hour period between 12 midnight 

and the following midnight during which PVC is produced at any 

time in the PVCPU. It is not necessary for PVC to be produced 

for the entire 24-hour period.

Operating scenario means, for the purposes of reporting and 

recordkeeping, any specific operation of a regulated process as 
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described by reports specified in §63.11985(b)(4)(ii) and 

records specified in §63.11990(e)(4).

Plant site means all contiguous or adjoining property that 

is under common control, including properties that are separated 

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.

Polymerization reactor means any vessel in which vinyl 

chloride is partially or totally polymerized into polyvinyl 

chloride. For bulk processes, the polymerization reactor 

includes pre-polymerization reactors and post-polymerization 

reactors.

Polyvinyl chloride means either polyvinyl chloride 

homopolymer or polyvinyl chloride copolymer.

Polyvinyl chloride homopolymer means a synthetic 

thermoplastic polymer that is derived from the polymerization of 

vinyl chloride and has the general chemical structure (-H2CCHCl-

)n. Polyvinyl chloride homopolymer is typically a white powder 

or colorless granule. Polyvinyl chloride homopolymer is produced 

by different processes, including (but not limited to), 

suspension, dispersion/emulsion, blending and bulk processes.
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Polyvinyl chloride and copolymers production process unit 

or PVCPU means a collection of process components assembled and 

connected by hard-piping or duct work, used to process raw 

materials and to manufacture polyvinyl chloride and/or polyvinyl 

chloride copolymers. A PVCPU includes, but is not limited to, 

polymerization reactors; resin stripping operations; resin blend 

tanks; resin centrifuges; resin dryers; resin product 

separators; recovery devices; reactant and raw material charge 

vessels and tanks, holding tanks, mixing and weighing tanks; 

finished resin product loading operations; connected ducts and 

piping; equipment including pumps, compressors, agitators, 

pressure relief devices, sampling connection systems, open-ended 

valves or lines, valves and connectors and instrumentation 

systems. A PVCPU does not include chemical manufacturing process 

units, as defined in §63.101, that produce vinyl chloride 

monomer or other raw materials used in the PVC polymerization 

process.

Polyvinyl chloride copolymer means a synthetic 

thermoplastic polymer that is derived from the simultaneous 

polymerization of vinyl chloride and another monomer such as 

vinyl acetate. Polyvinyl chloride copolymer is produced by 

different processes, including, but not limited to, suspension, 
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dispersion/emulsion, suspension blending, and solution 

processes.

Pressure relief device means a safety device used to 

prevent operating pressures from exceeding the maximum allowable 

working pressure of the process component. A common pressure 

relief device is a spring-loaded pressure relief valve. Pressure 

vessel means a vessel that is used to store liquids or gases and 

is designed not to vent to the atmosphere as a result of 

compression of the vapor headspace in the pressure vessel during 

filling of the pressure vessel to its design capacity.

Process change means an addition to or change in a PVCPU 

and/or its associated process components that creates one or 

more emission points or changes the characteristics of an 

emission point such that a new or different emission limit, 

operating parameter limit, or work practice requirement applies 

to the added or changed emission points. Examples of process 

changes include, but are not limited to, changes in production 

capacity, production rate, or catalyst type, or whenever there 

is replacement, removal, or addition of recovery device 

components. For purposes of this definition, process changes do 

not include process upsets, changes that do not alter the 

process component configuration and operating conditions, and 

unintentional, temporary process changes. A process change does 
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not include moving within a range of conditions identified in 

the standard batch, and a nonstandard batch does not constitute 

a process change.

Process component means any unit operation or group of 

units operations or any part of a process or group of parts of a 

process that are assembled to perform a specific function (e.g., 

polymerization reactor, dryers, etc.). Process components 

include equipment, as defined in this section.

Process condenser means a condenser whose primary purpose 

is to recover material as an integral part of a batch process. 

All condensers recovering condensate from a batch process at or 

above the boiling point or all condensers in line prior to a 

vacuum source are considered process condensers. Typically, a 

primary condenser or condensers in series are considered to be 

integral to the batch regulated process if they are capable of 

and normally used for the purpose of recovering chemicals for 

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

sale for fuel value, use or reuse. This definition does not 

apply to a condenser that is used to remove materials that would 

hinder performance of a downstream recovery device as follows:

(1) To remove water vapor that would cause icing in a 

downstream condenser.
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(2) To remove water vapor that would negatively affect the 

adsorption capacity of carbon in a downstream carbon adsorber.

(3) To remove high molecular weight organic compounds or 

other organic compounds that would be difficult to remove during 

regeneration of a downstream adsorber.

Process tank means a tank or other vessel (e.g., pressure 

vessel) that is used within an affected source to both: (1) 

Collect material discharged from a feedstock storage vessel, 

process tank or other PVCPU process component and (2) discharge 

the material to another process tank, process component, 

byproduct storage vessel or product storage vessel.

Process unit means the process components assembled and 

connected by pipes or ducts to process raw and/or intermediate 

materials and to manufacture an intended product. For the 

purpose of this subpart, process unit includes, but is not 

limited to, polyvinyl chloride production process.

Process vent means a vent stream which is the result of the 

manifolding of each and all batch process vent, continuous 

process vent, or miscellaneous vent resulting from the affected 

facility into a closed vent system and into a common header 

which is routed to a control device. The process vent standards 

apply at the outlet of the control device. A process vent is 

either a PVC-only process vent or a PVC-combined process vent. 
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Process wastewater means wastewater that comes into direct 

contact with HAP or results from the production or use of any 

raw material, intermediate product, finished product, by-product 

or waste product containing HAP, but that has not been 

discharged untreated as wastewater. Examples are product tank 

drawdown or feed tank drawdown; water formed during a chemical 

reaction or used as a reactant; water used to wash impurities 

from organic products or reactants; water used to cool or quench 

organic vapor streams through direct contact; water discarded 

from a control device; and condensed steam from jet ejector 

systems pulling vacuum on vessels containing organics. Gasholder 

seal water is not process wastewater until it is removed from 

the gasholder.

Process wastewater treatment system means a specific 

technique or collection of techniques that remove or destroy the 

organics in a process wastewater stream to comply with 

§§63.11965 and 63.11970. 

Product means a polymer produced using the same monomers 

and varying in additives (e.g., initiators, terminators, etc.); 

catalysts; or in the relative proportions of monomers, that is 

manufactured by a process unit. With respect to polymers, more 
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than one recipe may be used to produce the same product, and 

there can be more than one grade of a product. Product also 

means a chemical that is not a polymer, which is manufactured by 

a process unit. By-products, isolated intermediates, impurities, 

wastes and trace contaminants are not considered products.

PVC-combined process vent means a process vent that 

originates from a PVCPU and is combined with one or more process 

vents originating from another source category prior to being 

controlled or emitted to the atmosphere.

PVC-only process vent means a process vent that originates 

from a PVCPU and is not combined with a process vent originating 

from another source category prior to being controlled or 

emitted to the atmosphere.

Recipe means a specific composition from among the range of 

possible compositions that may occur within a product, as 

defined in this section. A recipe is determined by the 

proportions of monomers and, if present, other reactants and 

additives that are used to make the recipe.

Recovery device means an individual process component 

capable of and normally used for the purpose of recovering 

chemicals for fuel value (i.e., net positive heating value), 

use, reuse or for sale for fuel value, use or reuse. Examples of 

process components that may be recovery devices include 
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absorbers, adsorbers, condensers, oil-water separators or 

organic-water separators, or organic removal devices such as 

decanters, strippers (e.g., wastewater steam and vacuum 

strippers) or thin-film evaporation units. For purposes of this 

subpart, recovery devices are control devices.

Repaired, for the purposes of this subpart, means equipment 

that is adjusted or otherwise altered to eliminate a leak as 

defined in the applicable sections of this subpart; and unless 

otherwise specified in applicable provisions of this subpart, is 

inspected as specified in §63.11930(f) to verify that emissions 

from the equipment are below the applicable leak definition.

Resin stripper means a unit that removes organic compounds 

from a raw polyvinyl chloride and copolymer product. In the 

production of a polymer, stripping is a discrete step that 

occurs after the polymerization reaction and before drying or 

other finishing operations. Examples of types of stripping 

include steam stripping, vacuum stripping or other methods of 

devolatilization. For the purposes of this subpart, 

devolatilization that occurs in dryers or other finishing 

operations is not resin stripping. Resin stripping may occur in 

a polymerization reactor or in a batch or continuous stripper 

separate from the polymerization reactor where resin stripping 

occurs.
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Root cause analysis means an assessment conducted through a 

process of investigation to determine the primary cause, and any 

other significant contributing cause(s), of a discharge of gases 

in excess of specified thresholds.

Sensor means a device that measures a physical quantity or 

the change in a physical quantity, such as temperature, 

pressure, flow rate, pH or liquid level.

Slip gauge means a gauge that has a probe that moves 

through the gas/liquid interface in a storage vessel and 

indicates the level of product in the vessel by the physical 

state of the material the gauge discharges.

Solution process means a process for producing polyvinyl 

chloride copolymer resin that is characterized by the anhydrous 

formation of the polymer through precipitation. Polymerization 

occurs in an organic solvent in the presence of an initiator 

where vinyl chloride monomer and co-monomers are soluble in the 

solvent, but the polymer is not. The PVC copolymer is a granule 

suspended in the solvent, which then precipitates out of 

solution. Emulsifiers and suspending agents are not used in the 

solution process. PVC copolymer resins produced using the 

solution process are referred to as solution resins.
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Specific gravity monitoring device means a unit of 

equipment used to monitor specific gravity and having a minimum 

accuracy of ±0.02 specific gravity units.

Standard procedure means a formal written procedure 

officially adopted by the plant owner or operator and available 

on a routine basis to those persons responsible for carrying out 

the procedure.

Storage vessel means a tank or other vessel (e.g., pressure 

vessel) that is part of an affected source and is used to store 

a gaseous, liquid or solid feedstock, byproduct or product that 

contains organic HAP. Storage vessel does not include:

(1) Vessels permanently attached to motor vehicles such as 

trucks, railcars, barges, or ships;

(2) Process tanks;

(3) Vessels with capacities smaller than 10,040 gallons;

(4) Vessels storing organic liquids that contain organic 

HAP only as impurities;

(5) Bottoms receiver tanks;

(6) Surge control vessels; and

(7) Wastewater storage tanks. Wastewater storage tanks are 

covered under the wastewater provisions.

Stripped resin means the material exiting the resin 

stripper that contains polymerized vinyl chloride.
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Supplemental combustion air means the air that is added to 

a vent stream after the vent stream leaves the unit operation. 

Air that is part of the vent stream as a result of the nature of 

the unit operation is not considered supplemental combustion 

air. Air required to operate combustion device burner(s) is not 

considered supplemental combustion air. Air required to ensure 

the proper operation of catalytic oxidizers, to include the 

intermittent addition of air upstream of the catalyst bed to 

maintain a minimum threshold flow rate through the catalyst bed 

or to avoid excessive temperatures in the catalyst bed, is not 

considered to be supplemental combustion air.

Surge control vessel means feed drums, recycle drums and 

intermediate vessels used as a part of any continuous operation. 

Surge control vessels are used within an affected source when 

in-process storage, mixing, or management of flow rates or 

volumes is needed to introduce material into continuous 

operations. Surge control vessels also include gasholders.

Suspension process means a process for producing polyvinyl 

chloride resin that is characterized by the formation of the 

polymers in droplets of liquid vinyl chloride monomer or other 

co-monomers suspended in water. The droplets are formed by 

agitation and the use of protective colloids or suspending 

agents. Initiators used in the suspension process are soluble in 
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vinyl chloride monomer. Polyvinyl chloride resins produced using 

the suspension process are referred to as suspension resins.

Suspension blending process means a process for producing 

polyvinyl chloride resin that is similar to the suspension 

polymerization process, but employs a rate of agitation that is 

significantly higher than the highest range for non-blending 

suspension resins. The suspension blending process uses a recipe 

that creates extremely small resin particles, generally equal to 

or less than 100 microns in size, with a glassy surface and very 

little porosity. The suspension blending process concentrates 

the resins using a centrifuge that is specifically designed to 

handle these small particles. Polyvinyl chloride resins produced 

using the suspension blending process are referred to as 

suspension blending resins and are typically blended with 

dispersion resins.

Table 10 HAP means a HAP compound listed in table 10 of 

this subpart.

Total non-vinyl chloride HAP means, for the purposes of 

this subpart, the sum of the measured concentrations of each 

HAP, as calculated according to the procedures specified in 

§§63.11960(f) and 63.11980(b).

Type of resin means the broad classification of PVC 

homopolymer and copolymer resin referring to the basic 
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manufacturing process for producing that resin, including, but 

not limited to, suspension, dispersion/emulsion, suspension 

blending, bulk, and solution processes.

Unloading operations means the transfer of organic liquids 

from a transport vehicle, container or storage vessel to process 

components within the affected source.

Wastewater means process wastewater and maintenance 

wastewater. The following are not considered wastewater for the 

purposes of this subpart:

(1) Stormwater from segregated sewers;

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

testing of such systems;

(3) Spills;

(4) Water from safety showers;

(5) Samples of a size not greater than reasonably necessary 

for the method of analysis that is used;

(6) Equipment leaks;

(7) Wastewater drips from procedures such as disconnecting 

hoses after cleaning lines; and

(8) Noncontact cooling water.

Wastewater stream means a stream that contains only 

wastewater as defined in this section.
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Work practice standard means any design, equipment, work 

practice or operational standard, or combination thereof, that 

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

Table 1 to Subpart HHHHHHH of Part 63--Emission Limits and 

Standards for Existing Affected Sources

For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet this 

emission limit...

PVC-only 

process 

vents1

Vinyl chloride All resin types 6.0 parts per 

million by volume at 

3-percent oxygen 

(ppmv).

Total organic HAP All resin types 56 ppmv. 

(For compliance 

determination, 

demonstrate that 

total hydrocarbon is 

less than or equal 

to 9.7 ppmv measured 

as propane).

Hydrogen chloride All resin types 78 ppmv.

Dioxins/furans 

(toxic equivalency 

basis)

All resin types 0.038 ng/dscm at 3-

percent oxygen.

PVCcombined 

process 

vents1

Vinyl chloride All resin types 1.1 ppmv.

Total organic HAP All resin types 9.8 ppmv. 

(For compliance 

determination, 

demonstrate that 

total hydrocarbon is 

less than or equal 

to 4.2 ppmv measured 

as propane).

Hydrogen chloride All resin types 380 ppmv. 

Dioxins/furans 

(toxic equivalency 

basis)

All resin types 0.051 ng/dscm at 3-

percent oxygen. 
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For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet this 

emission limit...

Stripped 

resin

Vinyl chloride Bulk resin 7.1 parts per 

million by weight 

(ppmw).

Dispersion 

resin

1300 ppmw.

Suspension 

resin

37 ppmw.

Suspension 

blending resin

140 ppmw.

Copolymer resin 790 ppmw.

Total non-vinyl 

chloride HAP

Bulk resin 170 ppmw.

Dispersion 

resin

240 ppmw.

Suspension 

resin

670 ppmw.

Suspension 

blending resin

500 ppmw.

Copolymer resin 1900 ppmw.

Process 

Wastewater

Vinyl chloride All resin types 6.8 ppmw.

Total non-vinyl 

chloride HAP

All resin types 110 ppmw.

1 Emission limits at 3 percent oxygen, dry basis.

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

Standards for New Affected Sources

For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet this 

emission limit...

PVC-only 

process 

vents1

Vinyl chloride All resin types 15 parts per billion 

by volume at 3-

percent oxygen 

(ppbv).
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For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet this 

emission limit...

Total organic HAP All resin types 0.22 ppmv.

(For compliance 

determination, 

demonstrate that 

total hydrocarbon is 

less than or equal 

to 7 ppmv measured 

as propane).

Hydrogen chloride All resin types 0.17 ppmv.

Dioxins/furans 

(toxic equivalency 

basis)

All resin types 0.038 ng/dscm at 3-

percent oxygen.

PVCcombined 

process 

vents1

Vinyl chloride All resin types 5.7 ppbv. 

Total organic HAP All resin types 0.76 ppmv. 

(For compliance 

determination, 

demonstrate that 

total hydrocarbon is 

less than or equal 

to 0.6 ppmv measured 

as propane).

Hydrogen chloride All resin types 1.4 ppmv.

Dioxins/furans 

(toxic equivalency 

basis)

All resin types 0.034 ng/dscm at 3-

percent oxygen. 

Stripped 

resin

Vinyl chloride Bulk resin 7.1 parts per 

million by weight 

(ppmw).

Dispersion 

resin

480 ppmw.

Suspension 

resin

7.3 ppmw.

Suspension 

blending resin

140 ppmw.
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For this 

type of 

emission 

point...

And for this air 

pollutant...

And for an 

affected source 

producing this 

type of PVC 

resin...

You must meet this 

emission limit...

Copolymer – all 

resin types

790 ppmw.

Total non-vinyl 

chloride HAP

Bulk resin 170 ppmw.

Dispersion 

resin

78 ppmw.

Suspension 

resin

8.8 ppmw.

Suspension 

blending resin

500 ppmw.

Copolymer resin 1900 ppmw.

Process 

Wastewate

r

Vinyl chloride All resin types 0.28 ppmw.

Total non-vinyl 

chloride HAP

All resin types 0.018 ppmw.

1 Emission limits at 3 percent oxygen, dry basis.

Table 3 to Subpart HHHHHHH of Part 63--Summary of Control 

Requirements for Storage Vessels at New and Existing Sources

If the storage vessel 

capacity (gallons) is...

And the vapor 

pressure1 (psia) is...

Then, you must use the 

following type of 

storage vessel: ...

≥ 20,000 but < 40,000 ≥ 4 Internal floating 

roof, external 

floating roof, or 

fixed roof vented to a 

closed vent system and 

control device 

achieving 95 percent 

reduction.2

≥ 40,000 ≥ 0.75 Internal floating 

roof, external 

floating roof, or 

fixed roof vented to a 

closed vent system and 

control device 

achieving 95 percent 

reduction.2

Any capacity > 11.1 Pressure vessel.3

All other capacity and vapor pressure Fixed roof.4
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If the storage vessel 

capacity (gallons) is...

And the vapor 

pressure1 (psia) is...

Then, you must use the 

following type of 

storage vessel: ...

combinations

1 Maximum true vapor pressure of total HAP at storage 

temperature.

2 If using a fixed roof storage vessel vented to a closed vent 

system and control device, you must meet the requirements in 

§63.11910(a) for fixed roof storage vessels. If using an 

internal floating roof storage vessel or external floating roof 

storage vessels, you must meet the requirements in §63.11910(b) 

for internal floating roof storage vessels or external floating 

roof storage vessels, as applicable.

3 Meeting the requirements of §63.11910(c) for pressure vessels.

4 Meeting the requirements in §63.11910(a) for fixed roof storage 

vessels.

Table 4 to Subpart HHHHHHH of Part 63--Applicability of the 

General Provisions to Part 63

Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.1(a)(1)-

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

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

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

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

(c)(5), (e)

Applicability. Yes.

§63.1(a)(5), 

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

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

(c)(4), (d)

Reserved. No.

§63.2 Definitions. Yes. Additional 

definitions 

are found in 

§63.12005. 

§63.3 Units and abbreviations. Yes.

§63.4 Prohibited activities and 

circumvention.

Yes.

§63.5 Preconstruction review and 

notification requirements.

Yes.
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Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.6(a), 

(b)(1)-(b)(5), 

(b)(7), (c)(1), 

(c)(2), (c)(5), 

(e)(1)(iii), 

(f)(2), (f)(3), 

(g), (i), (j)

Compliance with standards 

and maintenance 

requirements.

Yes. §63.11875 

specifies 

compliance 

dates.

§63.6(b)(6), 

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

(d), (e)(2), 

(e)(3)(ii), 

(h)(2)(ii), 

(h)(3), 

(h)(5)(iv)

[Reserved] No.

§63.6(e)(1)(i), 

(e)(1)(ii), 

(e)(3), (f)(1)

Startup, shutdown, and

malfunction provisions.

No. See 

§63.11890(b) 

for general 

duty 

requirement.

§63.6(h)(1), 

(h)(2)(i), 

(h)(2)(iii), 

(h)(4), 

(h)(5)(i)-

(h)(5)(iii), 

(h)(5)(v), 

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

Compliance with opacity and 

visible emission standards.

No. Subpart 

HHHHHHH does 

not specify 

opacity or 

visible 

emission 

standards.

§63.7(a)(1), 

(a)(2)(ix), 

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

(b)-(d), (e)(2)-

(e)(4), (f)-(h)

Performance testing 

requirements.

Yes.

§63.7(e)(1) Performance testing. No. See 

especiallly 

§63.11945 

63.11960(d), 

63.11980(a) 
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Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.8(a)(1), 

(a)(2), (a)(4), 

(b), (c)(1)(i), 

(c)(1)(ii), 

(c)(2)-(c)(4), 

(c)(6)-(c)(8)

Monitoring requirements. Yes. Except cross 

reference in 

§63.8(c)(1)(i) 

to §63.6(e)(1) 

is replaced 

with a crossreference to 

§63.11890(b).

§63.8(a)(3) [Reserved] No.

§63.8(c)(1)(iii) Requirement to develop SSM 

plan for continuous 

monitoring systems.

No.

§63.8(c)(5) Continuous opacity 

monitoring system minimum 

procedures.

No. Subpart 

HHHHHHH does 

not have 

opacity or 

visible 

emission 

standards.

§63.8(d)(3) Written procedures for 

continuous monitoring 

systems (CMS).

Yes, except 

for last 

sentence, 

which refers 

to an SSM 

plan. SSM 

plans are not 

required.

§63.8(g) Reduction of monitoring 

data.

Yes. Except that 

the minimum 

data 

collection 

requirements 

are specified 

in 

§63.11935(e).
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

During Review***

Page 465 of 480

Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.9(a), 

(b)(1), (b)(2), 

(b)(4)(i), 

(b)(4)(v), 

(b)(5), (c)-(e), 

(g)(1), (g)(3), 

(h)(1)-(h)(3), 

(h)(5), (h)(6), 

(i), (j)

Notification requirements. Yes.

§63.9(f) Notification of opacity and 

visible emission 

observations.

No. Subpart 

HHHHHHH does 

not have 

opacity or 

visible 

emission 

standards.

§63.9(g)(2) Use of continuous opacity 

monitoring system data.

No. Subpart 

HHHHHHH does 

not require 

the use of 

continuous 

opacity 

monitoring 

system.

§63.9(b)(3), 

(b)(4)(ii)-(iv), 

(h)(4)

[Reserved] No.

§63.10(a), 

(b)(1)

Recordkeeping and reporting 

requirements.

Yes.

§63.10(b)(2)(i) Recordkeeping of occurrence 

and duration of startups and 

shutdowns.

No.
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

During Review***

Page 466 of 480

Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.10(b)(2)(ii) Recordkeeping of 

malfunctions.

No. See 

63.11985(c)(4) 

and (8) for 

recordkeeping 

of (1) 

occurrence and 

duration and 

(2) actions 

taken during 

malfunction. 

See also 

63.11985(b)(4)

(i), for 

deviation 

reporting.

§63.10(b)(2)(iii

)

Maintenance records. Yes.

§63.10(b)(2)(iv)

, (b)(2)(v)

Actions taken to minimize 

emissions during SSM.

No.

§63.10(b)(2)(vi) Recordkeeping for CMS 

malfunctions.

Yes.

§63.10(b)(2)(vii

)–(ix)

Other CMS requirements. Yes.

§63.10(b)(2)(xi)

-(xiv)

Other recordkeeping 

requirements.

Yes.

§63.10(b)(3) Recordkeeping requirement 

for applicability 

determinations.

Yes. 

§63.10(c)(1), 

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

Additional recordkeeping 

requirements for sources 

with continuous monitoring 

systems. 

Yes.

§63.10(c)(2)–

(4), (c)(9)

[Reserved]

§63.10(c)(7) Additional recordkeeping 

requirements for CMS –

identifying exceedances and 

excess emissions.

Yes.
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

During Review***

Page 467 of 480

Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.10(c)(8) Additional recordkeeping 

requirements for CMS –

identifying exceedances and 

excess emissions.

Yes.

§63.10(c)(10) Recording nature and cause 

of malfunctions.

No. See 

63.11985(c)(4) 

and (8) for 

recordkeeping 

of (1) 

occurrence and 

duration and 

(2) actions 

taken during 

malfunction. 

See also 

63.11985(b)(4)

(i), for 

deviation 

reporting.

63.10(c)(11) Recording corrective actions No. See 

63.11985(c)(

4) and (8) 

for 

recordkeepin

g of (1) 

occurrence 

and duration 

and (2) 

actions 

taken during 

malfunction. 

See also 

63.11985(b)(

4)(i), for 

deviation 

reporting.
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

During Review***

Page 468 of 480

Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.10(c)(13) –

(14)

Records of the total process 

operating time during the 

reporting period and 

procedures that are part of 

the continuous monitoring 

system quality control 

program.

Yes.

§63.10(c)(15) Use SSM plan. No.

§63.10(d)(1) General reporting 

requirements.

Yes.

§63.10(d)(2) Performance test results. Yes.

§63.10(d)(3) Opacity or visible emissions 

observations.

No. Subpart 

HHHHHHH does 

not specify 

opacity or 

visible 

emission 

standards.

§63.10(d)(4) Progress reports. Yes.

§63.10(d)(5) SSM reports. No. See 

63.11985(c)(4) 

and (8) for 

recordkeeping 

of (1) 

occurrence and 

duration and 

(2) actions 

taken during 

malfunction. 

See also 

63.11985(b)(4)

(i), for 

deviation 

reporting.

§63.10(e)(1) Additional continuous 

monitoring system reports—

general.

Yes.

§63.10(e)(2)(i) Results of continuous 

monitoring system 

performance evaluations.

Yes.
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

During Review***

Page 469 of 480

Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.10(e)(2)(ii) Results of continuous 

opacity monitoring system 

performance evaluations.

No. Subpart 

HHHHHHH does 

not require 

the use of 

continuous 

opacity 

monitoring 

system.

§63.10(e)(3) Excess emissions/continuous 

monitoring system 

performance reports.

Yes.

§63.10(e)(4) Continuous opacity 

monitoring system data 

reports.

No. Subpart 

HHHHHHH does 

not require 

the use of 

continuous 

opacity 

monitoring 

system.

§63.10(f) Recordkeeping/reporting 

waiver.

Yes.

63.11(a) Control device and work 

practice requirements –

applicability.

Yes.

§63.11(b) Flares. No. Facilities 

subject to 

subpart 

HHHHHHH do not 

use flares as 

control 

devices, as 

specified in 

§63.11925(b).

§63.11(c)–(e) Alternative work practice 

for monitoring equipment for 

leaks.

Yes.
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

During Review***

Page 470 of 480

Citation Subject

Applies to 

subpart 

HHHHHHH Explanation

§63.12 State authority and 

delegations.

Yes. §63.12000 

identifies 

types of 

approval 

authority that 

are not 

delegated.

§63.13 Addresses. Yes.

§63.14 Incorporations by reference. Yes. Subpart 

HHHHHHH 

incorporates 

material by 

reference.

§63.15 Availability of information 

and confidentiality.

Yes.

§63.16 Performance track 

provisions.

Yes.

Table 5 to Subpart HHHHHHH of Part 63--Operating Parameters, 

Operating Limits and Data Monitoring, Recording and Compliance 

Frequencies for Process Vents.

For these 

control 

devices, you 

must monitor 

these 

operating 

parameters...

Establish 

the 

following 

operating 

limit 

during your 

initial 

performance 

test...

Monitor, record, and demonstrate continuous 

compliance using these minimum frequencies.

Data 

measurement

Data 

recording

Data averaging 

period for 

compliance

Process Vents

Any Control device

Flow to/from 

the control 

device

N/A Continuous N/A

Date and time of 

flow start and 

stop

Thermal Oxidizers
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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Page 471 of 480

For these 

control 

devices, you 

must monitor 

these 

operating 

parameters...

Establish 

the 

following 

operating 

limit 

during your 

initial 

performance 

test...

Monitor, record, and demonstrate continuous 

compliance using these minimum frequencies.

Data 

measurement

Data 

recording

Data averaging 

period for 

compliance

Temperature 

(in fire box 

or downstream 

ductwork 

prior to heat 

exchange)

Minimum 

temperature Continuous Every 15 minutes

3-hour block 

average

Temperature 

differential 

across 

catalyst bed

Minimum 

temperature 

differentia

l

Continuous Every 15 

minutes

3-hour block 

average

Inlet 

temperature 

to catalyst 

bed and 

catalyst 

condition

Minimum 

inlet 

temperature 

and 

catalyst 

condition 

as 

specified 

in 63.11940 

(b) (3)

Continuous 

for 

temperature

, annual 

for 

catalyst 

condition

Every 15 

minutes for 

temperature

, annual 

for 

catalyst 

condition 

3-hour block 

average for 

temperature, 

annual for 

catalyst 

condition

Absorbers and Acid Gas Scrubbers

Influent 

liquid flow

Minimum 

inlet liquid 

flow

Continuous Every 15 

minutes

3-hour block 

average

Influent 

liquid flow 

and gas 

stream flow

Minimum 

influent 

liquid flow 

to gas 

stream flow 

ratio

Continuous Every 15 

minutes

3-hour block 

average

Pressure drop

Minimum 

pressure 

drop

Continuous Every 15 

minutes

3-hour block 

average

Exhaust gas 

temperature

Maximum 

exhaust gas 

temperature

Continuous Every 15 

minutes

3-hour block 

average
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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Page 472 of 480

For these 

control 

devices, you 

must monitor 

these 

operating 

parameters...

Establish 

the 

following 

operating 

limit 

during your 

initial 

performance 

test...

Monitor, record, and demonstrate continuous 

compliance using these minimum frequencies.

Data 

measurement

Data 

recording

Data averaging 

period for 

compliance

Change in 

specific 

gravity of 

scrubber 

liquid

Minimum 

change in 

specific 

gravity

Continuous Every 15 

minutes

3-hour block 

average

pH of 

effluent 

liquid 

Minimum pH Continuous Every 15 

minutes

3-hour block 

average

Causticity of 

effluent 

liquid

Minimum 

causticity Continuous Every 15 minutes

3-hour block 

average

Conductivity 

of effluent 

liquid

Minimum 

conductivity Continuous Every 15 minutes

3-hour block 

average

Regenerative Adsorber

Regeneration 

stream flow

Minimum 

total flow 

per 

regeneration 

cycle

Continuous N/A

Total flow for 

each 

regeneration 

cycle

Adsorber bed 

temperature

Maximum 

temperature

Continuousl

y after 

regeneratio

n and 

within 15 

minutes of 

completing 

any 

temperature 

regulation

Every 15 

minutes 

after 

regeneratio

n and 

within 15 

minutes of 

completing 

any 

temperature 

regulation

3-hour block 

average
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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Page 473 of 480

For these 

control 

devices, you 

must monitor 

these 

operating 

parameters...

Establish 

the 

following 

operating 

limit 

during your 

initial 

performance 

test...

Monitor, record, and demonstrate continuous 

compliance using these minimum frequencies.

Data 

measurement

Data 

recording

Data averaging 

period for 

compliance

Adsorber bed 

temperature

Minimum 

temperature 

Continuousl

y during 

regeneratio

n except 

during any 

temperature 

regulating 

portion of 

the 

regeneratio

n cycle

N/A

Average of 

regeneration 

cycle

Vacuum and 

duration of 

regeneration

Minimum 

vacuum and 

period of 

time for 

regeneration

Continuous N/A

Average vacuum 

and duration of 

regeneration

Regeneration 

frequency 

Minimum 

regeneration 

frequency 

and duration

Continuous N/A

Date and time 

of regeneration 

start and stop

Adsorber 

operation 

valve 

sequencing 

and cycle 

time

Correct 

valve 

sequencing 

and minimum 

cycle time

Daily Daily N/A

Non - Regenerative Adsorber

Average 

adsorber bed 

life

N/A

Daily until 

breakthroug

h for 3 

adsorber 

bed changeouts

N/A N/A
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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For these 

control 

devices, you 

must monitor 

these 

operating 

parameters...

Establish 

the 

following 

operating 

limit 

during your 

initial 

performance 

test...

Monitor, record, and demonstrate continuous 

compliance using these minimum frequencies.

Data 

measurement

Data 

recording

Data averaging 

period for 

compliance

Outlet VOC 

concentration 

of the first 

adsorber bed 

in series

Limits in 

Table 1 or 

2 of this 

subpart

Daily, 

except 

monthly (if 

more than 2 

months bed 

life 

remaining) 

or weekly 

(if more 

than 2 

weeks bed 

life 

remaining)

N/A Daily, weekly, 

or monthly 

Condenser

Temperature

Maximum 

outlet 

temperature

Continuous Every 15 

minutes

3-hour block 

average

1 Steam to feed ratio is calculated based on the steam feed rate into 

the stripper and the wastewater flow rate into the stripper.

Table 6 to Subpart HHHHHHH of Part 63--Toxic Equivalency Factors

Dioxin/furan congener

Toxic equivalency 

factor

2,3,7,8-tetrachlorodibenzo-p-dioxin 1

1,2,3,7,8-pentachlorodibenzo-p-dioxin 1

1,2,3,4,7,8-hexachlorodibenzo-p-dioxin 0.1

1,2,3,7,8,9-hexachlorodibenzo-p-dioxin 0.1

1,2,3,6,7,8-hexachlorodibenzo-p-dioxin 0.1

1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin 0.01

octachlorodibenzo-p-dioxin 0.0003

2,3,7,8-tetrachlorodibenzofuran 0.1

2,3,4,7,8-pentachlorodibenzofuran 0.3

1,2,3,7,8-pentachlorodibenzofuran 0.03
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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Dioxin/furan congener

Toxic equivalency 

factor

1,2,3,4,7,8-hexachlorodibenzofuran 0.1

1,2,3,6,7,8-hexachlorodibenzofuran 0.1

1,2,3,7,8,9-hexachlorodibenzofuran 0.1

2,3,4,6,7,8-hexachlorodibenzofuran 0.1

1,2,3,4,6,7,8-heptachlorodibenzofuran 0.01

1,2,3,4,7,8,9-heptachlorodibenzofuran 0.01

octachlorodibenzofuran 0.0003

Table 7 to Subpart HHHHHHH of Part 63--Calibration and Accuracy 

Requirements for Continuous Parameter Monitoring Systems

If you 

monitor this 

parameter...

Then your accuracy 

requirements are...

And your inspection / 

calibration frequency 

requirements are...

Temperature 

(noncryogenic 

temperature 

ranges)

± 1 percent of 

temperature measured 

or 2.8 degrees 

Celsius (5 degrees 

Fahrenheit) whichever 

is greater

Every 12 months.

Temperature

(cryogenic 

temperature 

ranges)

± 2.5 percent of 

temperature measured 

or 2.8 degrees 

Celsius (5 degrees 

Fahrenheit) whichever 

is greater

Every 12 months.

Liquid flow 

rate

± 2 percent of the 

normal range of flow

Every 12 months.

You must select a measurement 

location where swirling flow or 

abnormal velocity distributions 

due to upstream and downstream 

disturbances at the point of 

measurement do not exist.
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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If you 

monitor this 

parameter...

Then your accuracy 

requirements are...

And your inspection / 

calibration frequency 

requirements are...

Gas flow rate ± 5 percent of the 

flow rate or 10 cubic 

feet per minute, 

whichever is greater

Every 12 months

Check all mechanical connections 

for leakage at least annually.

At least annually, conduct a 

visual inspection of all 

components of the flow CPMS for 

physical and operational 

integrity and all electrical 

connections for oxidation and 

galvanic corrosion if your flow 

CPMS is not equipped with a 

redundant flow sensor.

pH or caustic 

strength

± 0.2 pH units Every 8 hours of process 

operation check the pH or 

caustic strength meter‘s 

calibration on at least two 

points. 

Conductivity ± 5 percent of normal 

range

Every 12 months.

Mass flow 

rate

± 5 percent of normal 

range

Every 12 months.

Pressure ± 5 percent or 0.12 

kilopascals (0.5 

inches of water 

column) whichever is 

greater

Calibration is required every 12 

months.

Check all mechanical connections 

for leakage at least annually. 

At least annually perform a 

visual inspection of all 

components for integrity, 

oxidation and galvanic corrosion 

if CPMS is not equipped with a 

redundant pressure sensor.

Table 8 to Subpart HHHHHHH of Part 63--Methods and Procedures 

for Conducting Performance Tests for Process Vents

For each control 

device used to meet 

the emission limit in 

Table 1 or 2 to this 

subpart for the 

following pollutant... You must... Using...
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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For each control 

device used to meet 

the emission limit in 

Table 1 or 2 to this 

subpart for the 

following pollutant... You must... Using...

Total organic HAP Measure the total 

hydrocarbon 

concentration at the 

outlet of the final 

control device or in the 

stack 

Method 25A at 40 CFR 

part 60, appendix A-7. 

Conduct each test run 

for a minimum of 1 hour. 

Vinyl chloride Measure the vinyl 

chloride concentration 

at the outlet of the 

final control device or 

in the stack

Method 18 at 40 CFR part 

60, appendix A-6. 

Conduct each test run 

for a minimum of 1 hour.

Hydrogen chloride Measure hydrogen 

chloride concentrations 

at the outlet of the 

final control device or 

in the stack

Method 26 at 40 CFR part 

60, appendix A-8, 

collect 60 dry standard 

liters of gas per test 

run; or

Method 26A at 40 CFR 

part 60, appendix A-8, 

collect 1 dry standard 

cubic meter of gas per 

test run.

Dioxin/furan Measure dioxin/furan 

concentrations on a 

toxic equivalency basis 

(and report total mass 

per isomer) at the 

outlet of the final 

control device or in the 

stack

Method 23 at 40 CFR part 

60, appendix A-7 and 

collect 5 dry standard 

cubic meters of gas per 

test run.

Any pollutant from a 

continuous, batch, or 

combination of 

continuous and batch 

process vent(s) 

Select sampling port 

locations and the number 

of traverse points

Method 1 or 1A at 40 CFR 

part 60, appendix A-1. 

Determine gas velocity 

and volumetric flow rate

Method 2, 2A, 2C, 2D, 

2F, or 2G at 40 CFR part 

60, appendix A-1 and A-2
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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For each control 

device used to meet 

the emission limit in 

Table 1 or 2 to this 

subpart for the 

following pollutant... You must... Using...

Conduct gas molecular 

weight analysis and 

correct concentrations 

the specified percent 

oxygen in Table 1 or 2 

to this subpart 

Method 3, 3A, or 3B at 

40 CFR part 60, appendix 

A-2 using the same 

sampling site and time 

as HAP samples

Measure gas moisture 

content

Method 4 at 40 CFR part 

60, appendix A-3

Table 9 to Subpart HHHHHHH of Part 63--Procedures for Conducting 

Sampling of Stripped Resin and Process Wastewater

For 

demonstrating...

For the 

following 

emission points 

and types of 

processes...

Collect samples according to the 

following schedule...

Vinyl chloride...

Total non-vinyl 

chloride HAP...

Each stripped resin stream

Initial 

compliance 

Continuous On a daily 

basis, every 8 

hours or for 

each grade, 

whichever is 

more frequent 

during a 24 

hour period

On a daily basis, 

every 8 hours or for 

each grade, 

whichever is more 

frequent during a 24 

hour period

Batch 1 grab sample 

for each batch 

produced during 

a 24 hour 

period

1 grab sample for 

each batch produced 

during a 24 hour 

period

Continuous 

compliance

Continuous On a daily 

basis, 1 grab 

sample every 8 

hours or for 

each grade, 

whichever is 

more frequent 

during a 24 

hour period

On a monthly basis, 

1 grab sample every 

8 hours or for each 

grade, whichever is 

more frequent during 

a 24 hour period
***E.O. 12866 Review – Draft – Do Not Cite, Quote or Release 

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For 

demonstrating...

For the 

following 

emission points 

and types of 

processes...

Collect samples according to the 

following schedule...

Vinyl chloride...

Total non-vinyl 

chloride HAP...

Batch On a daily 

basis, 1 grab 

sample for each 

batch produced 

during a 24 

hour period

On a monthly basis, 

1 grab sample for 

each batch produced 

during a 24 hour 

period

Each process wastewater stream

Initial 

compliance

N/A 1 grab sample 1 grab sample

Continuous 

compliance

N/A 1 grab sample 

per month

1 grab sample per 

month

Table 10 to Subpart HHHHHHH of Part 63--HAP Subject to the Resin 

and Process Wastewater Provisions at New and Existing Sources

CAS No. HAP Analyte 

Category Test Method

107211 Ethylene glycol Alcohol

SW-846 Method 

8015C

67561 Methanol Alcohol

SW-846 Method 

8015C

75070 Acetaldehyde Aldehyde

SW-846 Method 

8315A

50000 Formaldehyde Aldehyde

SW-846 Method 

8315A

51285 2,4-dinitrophenol SVOC

SW-846 Method 

8270D

98862 Acetophenone SVOC

SW-846 Method 

8270D

117817

Bis(2-ethylhexyl) phthalate 

(DEHP) SVOC

SW-846 Method 

8270D

123319 Hydroquinone SVOC

SW-846 Method 

8270D

108952 Phenol SVOC

SW-846 Method 

8270D

79345 1,1,2,2-tetrachloroethane VOC

SW-846 Method 

8260B
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106990 1,3-butadiene VOC

SW-846 Method 

8260B

540841 2,2,4-trimethylpentane VOC

SW-846 Method 

8260B

71432 Benzene VOC

SW-846 Method 

8260B

108907 Chlorobenzene VOC

SW-846 Method 

8260B

67663 Chloroform VOC

SW-846 Method 

8260B

126998 Chloroprene VOC

SW-846 Method 

8260B

98828 Cumene VOC

SW-846 Method 

8260B

75003 Ethyl chloride (Chloroethane) VOC

SW-846 Method 

8260B

100414 Ethylbenzene VOC

SW-846 Method 

8260B

107062

Ethylene dichloride (1,2-

Dichloroethane) VOC

SW-846 Method 

8260B

75343

Ethylidene dichloride (1,1-

Dichloroethane) VOC

SW-846 Method 

8260B

74873 Methyl chloride (Chloromethane) VOC

SW-846 Method 

8260B

75092 Methylene chloride VOC

SW-846 Method 

8260B

110543 n-Hexane VOC

SW-846 Method 

8260B

108883 Toluene VOC

SW-846 Method 

8260B

71556/79

005 Trichloroethane VOC

SW-846 Method 

8260B

108054 Vinyl acetate VOC

SW-846 Method 

8260B

593602 Vinyl bromide VOC

SW-846 Method 

8260B

75014 Vinyl chloride VOC EPA Method 107

75354

Vinylidene chloride (1,1-

Dichloroethylene) VOC

SW-846 Method 

8260B

1330207 Xylenes (isomers and mixtures) VOC

SW-846 Method 

8260B