  July 1, 2020

      Title 40
      Protection of Environment
      Part 63 (§§ 63.1 to 63.599)
      Revised as of July 1, 2020
      Containing a codification of documents of general applicability and future effect
      As of July 1, 2020

        Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register

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      Table of Contents
      Page

        Explanation
        v

        Title 40:

          Chapter I—Environmental Protection Agency (Continued)
          3

        Finding Aids:
        Table of CFR Titles and Chapters
        797
        Alphabetical List of Agencies Appearing in the CFR
        817
        List of CFR Sections Affected
        827

      Cite this Code: CFR

      To cite the regulations in this volume use title, part and section number. Thus, 40 CFR 63.1 refers to title 40, part 63, section 1.

      Explanation
      The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.
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        Title 1 through Title 16
        as of January 1
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        as of April 1
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        as of July 1
        Title 42 through Title 50
        as of October 1

      The appropriate revision date is printed on the cover of each volume.

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        (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process.
        (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51.

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          Oliver A. Potts,

          Director,

          Office of the Federal Register

          July 1, 2020

      THIS TITLE
      Title 40—Protection of Environment is composed of thirty-seven volumes. The parts in these volumes are arranged in the following order: Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-60.499), part 60 (60.500-end of part 60, sections), part 60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts 72-79, part 80, part 81, parts 82-86, parts 87-95, parts 96-99, parts 100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to end. The contents of these volumes represent all current regulations codified under this title of the CFR as of July 1, 2020.
      Chapter I—Environmental Protection Agency appears in all thirty-seven volumes. OMB control numbers for title 40 appear in § 9.1 of this chapter.
      Chapters IV-VIII—Regulations issued by the Environmental Protection Agency and Department of Justice, Council on Environmental Quality, Chemical Safety and Hazard Investigation Board, Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces, and the Gulf Coast Ecosystem Restoration Council appear in volume thirty seven.
      For this volume, Robert J. Sheehan, III was Chief Editor. The Code of Federal Regulations publication program is under the direction of John Hyrum Martinez, assisted by Stephen J. Frattini.

    40 CFR Ch. I (7-1-20 Edition)
    Environmental Protection Agency

        Title 40—Protection of Environment
        (This book contains part 63, §§ 63.1 to 63.599)

        Part

            chapter i—Environmental Protection Agency (Continued)
          63

          CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

          Editorial Note:
          Nomenclature changes to chapter I appear at 65 FR 47324, 47325, Aug. 2, 2000.

          SUBCHAPTER C—AIR PROGRAMS (CONTINUED)

        Part
        Page

          63
          National emission standards for hazardous air pollutants for source categories
          5

        SUBCHAPTER C—AIR PROGRAMS (CONTINUED)

          Pt. 63
          PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES

              Subpart A—General Provisions
              Sec.
              63.1
              Applicability.
              63.2
              Definitions.
              63.3
              Units and abbreviations.
              63.4
              Prohibited activities and circumvention.
              63.5
              Preconstruction review and notification requirements.
              63.6
              Compliance with standards and maintenance requirements.
              63.7
              Performance testing requirements.
              63.8
              Monitoring requirements.
              63.9
              Notification requirements.
              63.10
              Recordkeeping and reporting requirements.
              63.11
              Control device and work practice requirements.
              63.12
              State authority and delegations.
              63.13
              Addresses of State air pollution control agencies and EPA Regional Offices.
              63.14
              Incorporations by reference.
              63.15
              Availability of information and confidentiality.
              63.16
              Performance Track Provisions.
              Table 1 to Subpart A of Part 63—Detection Sensitivity Levels (grams per hour)

              Subpart B—Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)
              63.40
              Applicability of §§ 63.40 through 63.44.
              63.41
              Definitions.
              63.42
              Program requirements governing construction or reconstruction of major sources.
              63.43
              Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources.
              63.44
              Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement.
              63.45-63.49
              [Reserved]
              63.50
              Applicability.
              63.51
              Definitions.
              63.52
              Approval process for new and existing emission units.
              63.53
              Application content for case-by-case MACT determinations.
              63.54
              Preconstruction review procedures for new affected sources.
              63.55
              Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission limitations.
              63.56
              Requirements for case-by-case determination of equivalent emission limitations after promulgation of subsequent MACT standard.

                Tables to Subpart B of Part 63
                Table 1 to Subpart B of Part 63—Section 112(j) Part 2 Application Due Dates
                Table 2 to Subpart B of Part 63—MON Source Categories

              Subpart C—List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations, Source Category List
              63.60
              Deletion of caprolactam from the list of hazardous air pollutants.
              63.61
              Deletion of methyl ethyl ketone from the list of hazardous air pollutants.
              63.62
              Redefinition of glycol ethers listed as hazardous air pollutants.
              63.63
              Deletion of ethylene glycol monobutyl ether from the list of hazardous air pollutants.
              63.64-63.69
              [Reserved]

              Subpart D—Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants
              63.70
              Applicability.
              63.71
              Definitions.
              63.72
              General provisions for compliance extensions.
              63.73
              Source.
              63.74
              Demonstration of early reduction.
              63.75
              Enforceable commitments.
              63.76
              Review of base year emissions.
              63.77
              Application procedures.
              63.78
              Early reduction demonstration evaluation.
              63.79
              Approval of applications.
              63.80
              Enforcement.
              63.81
              Rules for special situations.

              Subpart E—Approval of State Programs and Delegation of Federal Authorities
              63.90
              Program overview.
              63.91
              Criteria for straight delegation and criteria common to all approval options.
              63.92
              Approval of State requirements that adjust a section 112 rule.
              63.93
              Approval of State requirements that substitute for a section 112 rule.
              63.94

              Approval of State permit terms and conditions that substitute for a section 112 rule.

              63.95
              Additional approval criteria for accidental release prevention programs.
              63.96
              Review and withdrawal of approval.
              63.97
              Approval of a State program that substitutes for section 112 requirements.
              63.98
              [Reserved]
              63.99
              Delegated Federal authorities.

              Subpart F—National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry
              63.100
              Applicability and designation of source.
              63.101
              Definitions.
              63.102
              General standards.
              63.103
              General compliance, reporting, and recordkeeping provisions.
              63.104
              Heat exchange system requirements.
              63.105
              Maintenance wastewater requirements.
              63.106
              Implementation and enforcement.
              63.107
              Identification of process vents subject to this subpart.
              Table 1 to Subpart F of Part 63—Synthetic Organic Chemical Manufacturing Industry Chemicals
              Table 2 to Subpart F of Part 63—Organic Hazardous Air Pollutants
              Table 3 to Subpart F of Part 63—General Provisions Applicability to Subparts F, G, and H
              Table 4 to Subpart F of Part 63—Organic Hazardous Air Pollutants Subject to Cooling Tower Monitoring Requirements in § 63.104

              Subpart G—National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater
              63.110
              Applicability.
              63.111
              Definitions.
              63.112
              Emission standard.
              63.113
              Process vent provisions—reference control technology.
              63.114
              Process vent provisions—monitoring requirements.
              63.115
              Process vent provisions—methods and procedures for process vent group determination.
              63.116
              Process vent provisions—performance test methods and procedures to determine compliance.
              63.117
              Process vent provisions—reporting and recordkeeping requirements for group and TRE determinations and performance tests.
              63.118
              Process vent provisions—periodic reporting and recordkeeping requirements.
              63.119
              Storage vessel provisions—reference control technology.
              63.120
              Storage vessel provisions—procedures to determine compliance.
              63.121
              Storage vessel provisions—alternative means of emission limitation.
              63.122
              Storage vessel provisions—reporting.
              63.123
              Storage vessel provisions—recordkeeping.
              63.124-63.125
              [Reserved]
              63.126
              Transfer operations provisions—reference control technology.
              63.127
              Transfer operations provisions—monitoring requirements.
              63.128
              Transfer operations provisions—test methods and procedures.
              63.129
              Transfer operations provisions—reporting and recordkeeping for performance tests and notification of compliance status.
              63.130
              Transfer operations provisions—periodic recordkeeping and reporting.
              63.131
              [Reserved]
              63.132
              Process wastewater provisions—general.
              63.133
              Process wastewater provisions—wastewater tanks.
              63.134
              Process wastewater provisions—surface impoundments.
              63.135
              Process wastewater provisions—containers.
              63.136
              Process wastewater provisions—individual drain systems.
              63.137
              Process wastewater provisions—oil-water separators.
              63.138
              Process wastewater provisions—performance standards for treatment processes managing Group 1 wastewater streams and/or residuals removed from Group 1 wastewater streams.
              63.139
              Process wastewater provisions—control devices.
              63.140
              Process wastewater provisions—delay of repair.
              63.141-63.142
              [Reserved]
              63.143
              Process wastewater provisions—inspections and monitoring of operations.
              63.144
              Process wastewater provisions—test methods and procedures for determining applicability and Group 1/Group 2 determinations (determining which wastewater streams require control).
              63.145
              Process wastewater provisions—test methods and procedures to determine compliance.
              63.146
              Process wastewater provisions—reporting.
              63.147
              Process wastewater provisions—recordkeeping.
              63.148
              Leak inspection provisions.
              63.149
              Control requirements for certain liquid streams in open systems within a chemical manufacturing process unit.
              63.150
              Emissions averaging provisions.
              63.151
              Initial notification.
              63.152
              General reporting and continuous records.

              Table 1 to Subpart G of Part 63—Process Vents—Coefficients for Total Resource Effectiveness for Existing Source Nonhalogenated and Halogenated Vent Streams
              Table 1A to Subpart G of Part 63—Applicable 40 CFR Part 63 General Provisions
              Table 2 to Subpart G of Part 63—Process Vents—Coefficients for Total Resource Effectiveness for New Source Nonhalogenated and Halogenated Vent Streams
              Table 3 to Subpart G of Part 63—Process Vents—Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98 Weight-Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or a Limit of 20 Parts Per Million by Volume
              Table 4 to Subpart G of Part 63—Process Vents—Monitoring, Recordkeeping, and Reporting Requirements For Maintaining a TRE Index Value >1.0 and. ≤4.0
              Table 5 to Subpart G of Part 63—Group 1 Storage Vessels at Existing Sources
              Table 6 to Subpart G of Part 63—Group 1 Storage Vessels at New Sources
              Table 7 to Subpart G of Part 63—Transfer Operations—Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98 Weight-Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or a Limit of 20 Parts Per Million by Volume
              Table 8 to Subpart G of Part 63—Organic HAP's Subject to the Wastewater Provisions for Process Units at New Sources
              Table 9 to Subpart G of Part 63—Organic HAP's Subject to the Wastewater Provisions for Process Units at New and Existing Sources and Corresponding Fraction Removed (Fr) Values
              Table 10 to Subpart G of Part 63—Wastewater—Compliance Options for Wastewater Tanks
              Table 11 to Subpart G of Part 63—Wastewater—Inspection and Monitoring Requirements for Waste Management Units
              Table 12 to Subpart G of Part 63—Monitoring Requirements for Treatment Processes
              Table 13 to Subpart G of Part 63—Wastewater—Monitoring Requirements for Control Devices
              Tables 14-14b to Subpart G of Part 63 [Reserved]
              Table 15 to Subpart G of Part 63—Wastewater—Information on Table 8 and/or Table 9 Compounds To Be Submitted With Notification of Compliance Status for Process Units at New and/or Existing Sources
              Table 16 to Subpart G of Part 63 [Reserved]
              Table 17 to Subpart G of Part 63—Information for Treatment Processes To Be Submitted With Notification of Compliance Status
              Table 18 to Subpart G of Part 63—Information for Waste Management Units To Be Submitted With Notification of Compliance Status
              Table 19 to Subpart G of Part 63—Wastewater—Information on Residuals To Be Submitted With Notification of Compliance Status
              Table 20 to Subpart G of Part 63—Wastewater—Periodic Reporting Requirements for Control Devices Subject to § 63.139 Used To Comply With §§ 63.13 Through 63.139

              Table 21 to Subpart G of Part 63—Average Storage Temperature (Ts) as a Function of Tank Paint Color
              Table 22 to Subpart G of Part 63—Paint Factors for Fixed Roof Tanks
              Table 23 to Subpart G of Part 63—Average Clingage Factors (c)
              Table 24 to Subpart G of Part 63—Typical Number of Columns as a Function of Tank Diameter for Internal Floating Roof Tanks With Column Supported Fixed Roofs

              Table 25 to Subpart G of Part 63—Effective Column Diameter (Fc)
              Table 26 to Subpart G of Part 63—Seal Related Factors for Internal Floating Roof Vessels

              Table 27 to Subpart G of Part 63—Summary of Internal Floating Deck Fitting Loss Factors (KF) and Typical Number of Fittings (NF)

              Table 28 to Subpart G of Part 63—Deck Seam Length Factors a (SD) for Internal Floating Roof Tanks
              Table 29 to Subpart G of Part 63—Seal Related Factors for External Floating Roof Vessels

              Table 30 to Subpart G of Part 63—Roof Fitting Loss Factors, KFa, KFb, and m, a and Typical Number of Fittings, NT

              Table 31 to Subpart G of Part 63—Typical Number of Vacuum Breakers, NF6 and Roof Drains, a NF7

              Table 32 to Subpart G of Part 63—Typical Number of Roof Legs, a NF8

              Table 33 to Subpart G of Part 63—Saturation Factors

              Table 34 to Subpart G of Part 63—Fraction Measured (Fm) and Fraction Emitted (Fe) For HAP Compounds in Wastewater Streams

              Table 35 to Subpart G of Part 63—Control Requirements for Items of Equipment That Meet the Criteria of § 63.149 of Subpart G

              Table 36 to Subpart G of Part 63—Compound Lists Used for Compliance Demonstrations for Enhanced Biological Treatment Processes (See § 63.145(h))
              Table 37 to Subpart G of Part 63—Default Biorates for List 1 Compounds
              Figure 1 to Subpart G of Part 63—Definitions of Terms Used in Wastewater Equations

              Subpart H—National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks
              63.160
              Applicability and designation of source.
              63.161
              Definitions.
              63.162
              Standards: General.
              63.163
              Standards: Pumps in light liquid service.
              63.164
              Standards: Compressors.
              63.165
              Standards: Pressure relief devices in gas/vapor service.
              63.166
              Standards: Sampling connection systems.
              63.167
              Standards: Open-ended valves or lines.
              63.168
              Standards: Valves in gas/vapor service and in light liquid service.
              63.169
              Standards: Pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid service.
              63.170
              Standards: Surge control vessels and bottoms receivers.
              63.171
              Standards: Delay of repair.
              63.172
              Standards: Closed-vent systems and control devices.
              63.173
              Standards: Agitators in gas/vapor service and in light liquid service.
              63.174
              Standards: Connectors in gas/vapor service and in light liquid service.
              63.175
              Quality improvement program for valves.
              63.176
              Quality improvement program for pumps.
              63.177
              Alternative means of emission limitation: General.
              63.178
              Alternative means of emission limitation: Batch processes.
              63.179
              Alternative means of emission limitation: Enclosed-vented process units.
              63.180
              Test methods and procedures.
              63.181
              Recordkeeping requirements.
              63.182
              Reporting requirements.
              63.183
              Implementation and enforcement.
              Table 1 to Subpart H of Part 63—Batch Processes
              Table 2 to Subpart H of Part 63—Surge Control Vessels and Bottoms Receivers at Existing Sources
              Table 3 to Subpart H of Part 63—Surge Control Vessels and Bottoms Receivers at New Sources
              Table 4 to Subpart H of Part 63—Applicable 40 CFR Part 63 General Provisions

              Subpart I—National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks
              63.190
              Applicability and designation of source.
              63.191
              Definitions.
              63.192
              Standard.
              63.193
              Implementation and enforcement.

              Subpart J—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production

                What This Subpart Covers
                63.210
                What is the purpose of this subpart?
                63.211
                Am I subject to this subpart?
                63.212
                What parts of my facility does this subpart cover?
                63.213
                When do I have to comply with this subpart?

                Standards and Compliance Requirements
                63.214
                What are the requirements I must comply with?

                Other Requirements and Information
                63.215
                What General Provisions apply to me?
                63.216
                Who administers this subpart?
                63.217
                What definitions apply to this subpart?

              Subpart K [Reserved]

              Subpart L—National Emission Standards for Coke Oven Batteries
              63.300
              Applicability.
              63.301
              Definitions.
              63.302
              Standards for by-product coke oven batteries.
              63.303
              Standards for nonrecovery coke oven batteries.
              63.304
              Standards for compliance date extension.
              63.305
              Alternative standards for coke oven doors equipped with sheds.
              63.306
              Work practice standards.
              63.307
              Standards for bypass/bleeder stacks.
              63.308
              Standards for collecting mains.
              63.309
              Performance tests and procedures.
              63.310
              Requirements for startups, shutdowns, and malfunctions.
              63.311
              Reporting and recordkeeping requirements.
              63.312
              Existing regulations and requirements.
              63.313
              Implementation and enforcement.

              Appendix A to Subpart L of Part 63—Operating Coke Oven Batteries as of April 1, 1992

              Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities
              63.320
              Applicability.
              63.321
              Definitions.
              63.322
              Standards.
              63.323
              Test methods and monitoring.
              63.324
              Reporting and recordkeeping requirements.
              63.325
              Determination of equivalent emission control technology.
              63.326
              Implementation and enforcement.

              Subpart N—National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
              63.340
              Applicability and designation of sources.
              63.341
              Definitions and nomenclature.
              63.342
              Standards.
              63.343
              Compliance provisions.
              63.344
              Performance test requirements and test methods.
              63.345
              Provisions for new and reconstructed sources.
              63.346
              Recordkeeping requirements.
              63.347
              Reporting requirements.
              63.348
              Implementation and enforcement.
              Table 1 to Subpart N of Part 63—General Provisions Applicability to Subpart N

              Subpart O—Ethylene Oxide Emissions Standards for Sterilization Facilities
              63.360
              Applicability.
              63.361
              Definitions.
              63.362
              Standards.
              63.363
              Compliance and performance testing.
              63.364
              Monitoring requirements.
              63.365
              Test methods and procedures.
              63.366
              Reporting requirements.
              63.367
              Recordkeeping requirements.
              63.368
              Implementation and enforcement.

              Subpart P [Reserved]

              Subpart Q—National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers
              63.400
              Applicability.
              63.401
              Definitions.
              63.402
              Standard.
              63.403
              Compliance dates.
              63.404
              Compliance demonstrations.
              63.405
              Notification requirements.
              63.406
              Recordkeeping and reporting requirements.
              63.407
              Implementation and enforcement.
              Table 1 to Subpart Q of Part 63—General Provisions Applicability to Subpart Q

              Subpart R—National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
              63.420
              Applicability.
              63.421
              Definitions.
              63.422
              Standards: Loading racks.
              63.423
              Standards: Storage vessels.
              63.424
              Standards: Equipment leaks.
              63.425
              Test methods and procedures.
              63.426
              Alternative means of emission limitation.
              63.427
              Continuous monitoring.
              63.428
              Reporting and recordkeeping.
              63.429
              Delegation of authority.
              Table 1 to Subpart R of Part 63—General Provisions Applicability to Subpart R

              Subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry
              63.440
              Applicability.
              63.441
              Definitions.
              63.442
              [Reserved]
              63.443
              Standards for the pulping system at kraft, soda, and semi-chemical processes.
              63.444
              Standards for the pulping system at sulfite processes.
              63.445
              Standards for the bleaching system.
              63.446
              Standards for kraft pulping process condensates.
              63.447
              Clean condensate alternative.
              63.448-63.449
              [Reserved]
              63.450
              Standards for enclosures and closed-vent systems.
              63.451-63.452
              [Reserved]
              63.453
              Monitoring requirements.
              63.454
              Recordkeeping requirements.
              63.455
              Reporting requirements.
              63.456
              Affirmative defense for violation of emission standards during malfunction.
              63.457
              Test methods and procedures.
              63.458
              Implementation and enforcement.
              63.459
              Alternative standards.
              Table 1 to Subpart S of Part 63—General Provisions Applicability to Subpart S

              Subpart T—National Emission Standards for Halogenated Solvent Cleaning
              63.460
              Applicability and designation of source.
              63.461
              Definitions.
              63.462
              Batch cold cleaning machine standards.
              63.463
              Batch vapor and in-line cleaning machine standards.
              63.464
              Alternative standards.
              63.465
              Test methods.
              63.466
              Monitoring procedures.
              63.467
              Recordkeeping requirements.

              63.468
              Reporting requirements.
              63.469
              Equivalent methods of control.
              63.470
              Implementation and enforcement.
              63.471
              Facility-wide standards.
              Appendix A to Subpart T of Part 63—Test of Solvent Cleaning Procedures
              Appendix B to Subpart T of Part 63—General Provisions Applicability to Subpart T

              Subpart U—National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins
              63.480
              Applicability and designation of affected sources.
              63.481
              Compliance dates and relationship of this subpart to existing applicable rules.
              63.482
              Definitions.
              63.483
              Emission standards.
              63.484
              Storage vessel provisions.
              63.485
              Continuous front-end process vent provisions.
              63.486
              Batch front-end process vent provisions.
              63.487
              Batch front-end process vents—reference control technology.
              63.488
              Methods and procedures for batch front-end process vent group determination.
              63.489
              Batch front-end process vents—monitoring equipment.
              63.490
              Batch front-end process vents—performance test methods and procedures to determine compliance.
              63.491
              Batch front-end process vents—recordkeeping requirements.
              63.492
              Batch front-end process vents—reporting requirements.
              63.493
              Back-end process provisions.
              63.494
              Back-end process provisions—residual organic HAP and emission limitations.
              63.495
              Back-end process provisions—procedures to determine compliance with residual organic HAP limitations using stripping technology and organic HAP emissions limitations.
              63.496
              Back-end process provisions—procedures to determine compliance with residual organic HAP limitations using control or recovery devices.
              63.497
              Back-end process provisions—monitoring provisions for control and recovery devices used to comply with residual organic HAP limitations.
              63.498
              Back-end process provisions—recordkeeping.
              63.499
              Back-end process provisions—reporting.
              63.500
              Back-end process provisions—carbon disulfide limitations for styrene butadiene rubber by emulsion processes.
              63.501
              Wastewater provisions.
              63.502
              Equipment leak and heat exchange system provisions.
              63.503
              Emissions averaging provisions.
              63.504
              Additional requirements for performance testing.
              63.505
              Parameter monitoring levels and excursions.
              63.506
              General recordkeeping and reporting provisions.
              63.507
              Implementation and enforcement.
              Table 1 to Subpart U of Part 63—Applicability of General Provisions to Subpart U Affected Sources
              Table 2 to Subpart U of Part 63—Applicability of Subparts F, G, & H of This Part to Subpart U Affected Sources
              Table 3 to Subpart U of Part 63—Group 1 Storage Vessels at Existing Affected Sources
              Table 4 to Subpart U of Part 63—Group 1 Storage Vessels at New Sources
              Table 5 to Subpart U of Part 63—Known Organic HAP From the Production of Elastomer Products
              Table 6 to Subpart U of Part 63—Group 1 Batch Front-End Process Vents and Aggregate Batch Vent Streams—Monitoring, Recordkeeping, and Reporting Requirements
              Table 7 to Subpart U of Part 63—Operating Parameters for Which Monitoring Levels Are Required To Be Established for Continuous and Batch Front-End Process Vents and Aggregate Batch Vent Streams
              Table 8 to Subpart U of Part 63—Summary of Compliance Alternative Requirements for the Back-End Process Provisions
              Table 9 to Subpart U of Part 63—Routine Reports Required by This Subpart

              Subpart V [Reserved]

              Subpart W—National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production
              63.520
              Applicability and designation of sources.
              63.521
              Compliance schedule.
              63.522
              Definitions.
              63.523
              Standards for basic liquid resins manufacturers.
              63.524
              Standards for wet strength resins manufacturers.
              63.525
              Compliance and performance testing.
              63.526
              Monitoring requirements.
              63.527
              Recordkeeping requirements.
              63.528
              Reporting requirements.
              63.529
              Implementation and enforcement.

              Table 1 to Subpart W of Part 63—General Provisions Applicability to Subpart W

              Subpart X—National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting
              63.541
              Applicability.
              63.542
              Definitions.
              63.543
              What are my standards for process vents?
              63.544
              What are my total enclosure standards?
              63.545
              What are my standards for fugitive dust sources?
              63.546
              Compliance dates.
              63.547
              Test methods.
              63.548
              Monitoring requirements.
              63.549
              Notification requirements.
              63.550
              Recordkeeping and reporting requirements.
              63.551
              Implementation and enforcement.
              63.552
              Affirmative defense to civil penalties for exceedance of emissions limit during malfunction.
              Table 1 to Subpart X of Part 63—General Provisions Applicability to Subpart X
              Table 2 to Subpart X of Part 63—Emissions Limits for Secondary Lead Smelting Furnaces
              Table 3 to Subpart X of Part 63—Toxic Equivalency Factor

              Subpart Y—National Emission Standards for Marine Tank Vessel Loading Operations
              63.560
              Applicability and designation of affected source.
              63.561
              Definitions.
              63.562
              Standards.
              63.563
              Compliance and performance testing.
              63.564
              Monitoring requirements.
              63.565
              Test methods and procedures.
              63.566
              Construction and reconstruction.
              63.567
              Recordkeeping and reporting requirements.
              63.568
              Implementation and enforcement.

              Subpart Z [Reserved]
              63.569-63.599
              [Reserved]

            Authority:
            42 U.S.C. 7401 et seq.

            Source:
            57 FR 61992, Dec. 29, 1992, unless otherwise noted.

            Subpart A—General Provisions

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

              § 63.1
              Applicability.
              (a) General. (1) Terms used throughout this part are defined in § 63.2 or in the Clean Air Act (Act) as amended in 1990, except that individual subparts of this part may include specific definitions in addition to or that supersede definitions in § 63.2.
              (2) This part contains national emission standards for hazardous air pollutants (NESHAP) established pursuant to section 112 of the Act as amended November 15, 1990. These standards regulate specific categories of stationary sources that emit (or have the potential to emit) one or more hazardous air pollutants listed in this part pursuant to section 112(b) of the Act. This section explains the applicability of such standards to sources affected by them. The standards in this part are independent of NESHAP contained in 40 CFR part 61. The NESHAP in part 61 promulgated by signature of the Administrator before November 15, 1990 (i.e., the date of enactment of the Clean Air Act Amendments of 1990) remain in effect until they are amended, if appropriate, and added to this part.
              (3) No emission standard or other requirement established under this part shall be interpreted, construed, or applied to diminish or replace the requirements of a more stringent emission limitation or other applicable requirement established by the Administrator pursuant to other authority of the Act (section 111, part C or D or any other authority of this Act), or a standard issued under State authority. The Administrator may specify in a specific standard under this part that facilities subject to other provisions under the Act need only comply with the provisions of that standard.
              (4)(i) Each relevant standard in this part 63 must identify explicitly whether each provision in this subpart A is or is not included in such relevant standard.
              (ii) If a relevant part 63 standard incorporates the requirements of 40 CFR part 60, part 61 or other part 63 standards, the relevant part 63 standard must identify explicitly the applicability of each corresponding part 60, part 61, or other part 63 subpart A (General) provision.

              (iii) The General Provisions in this subpart A do not apply to regulations developed pursuant to section 112(r) of the amended Act, unless otherwise specified in those regulations.

              (5) [Reserved]
              (6) To obtain the most current list of categories of sources to be regulated under section 112 of the Act, or to obtain the most recent regulation promulgation schedule established pursuant to section 112(e) of the Act, contact the Office of the Director, Emission Standards Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-13), Research Triangle Park, North Carolina 27711.
              (7)-(9) [Reserved]
              (10) For the purposes of this part, time periods specified in days shall be measured in calendar days, even if the word “calendar” is absent, unless otherwise specified in an applicable requirement.
              (11) For the purposes of this part, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, test plan, report, or other written communication to the Administrator, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification must be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification must be submitted 15 days after a particular event takes place, the notification shall be postmarked on or before 15 days following the end of the event. The use of reliable non-Government mail carriers that provide indications of verifiable delivery of information required to be submitted to the Administrator, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery agreed to by the permitting authority, is acceptable.
              (12) Notwithstanding time periods or postmark deadlines specified in this part for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. Procedures governing the implementation of this provision are specified in § 63.9(i).
              (b) Initial applicability determination for this part. (1) The provisions of this part apply to the owner or operator of any stationary source that—
              (i) Emits or has the potential to emit any hazardous air pollutant listed in or pursuant to section 112(b) of the Act; and
              (ii) Is subject to any standard, limitation, prohibition, or other federally enforceable requirement established pursuant to this part.
              (2) [Reserved]
              (3) An owner or operator of a stationary source who is in the relevant source category and who determines that the source is not subject to a relevant standard or other requirement established under this part must keep a record as specified in § 63.10(b)(3).
              (c) Applicability of this part after a relevant standard has been set under this part. (1) If a relevant standard has been established under this part, the owner or operator of an affected source must comply with the provisions of that standard and of this subpart as provided in paragraph (a)(4) of this section.
              (2) Except as provided in § 63.10(b)(3), if a relevant standard has been established under this part, the owner or operator of an affected source may be required to obtain a title V permit from a permitting authority in the State in which the source is located. Emission standards promulgated in this part for area sources pursuant to section 112(c)(3) of the Act will specify whether—
              (i) States will have the option to exclude area sources affected by that standard from the requirement to obtain a title V permit (i.e., the standard will exempt the category of area sources altogether from the permitting requirement);
              (ii) States will have the option to defer permitting of area sources in that category until the Administrator takes rulemaking action to determine applicability of the permitting requirements; or

              (iii) If a standard fails to specify what the permitting requirements will be for area sources affected by such a standard, then area sources that are subject to the standard will be subject to the requirement to obtain a title V permit without any deferral.
              (3)-(4) [Reserved]
              (5) If an area source that otherwise would be subject to an emission standard or other requirement established under this part if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source also shall be subject to the notification requirements of this subpart.
              (d) [Reserved]
              (e) If the Administrator promulgates an emission standard under section 112(d) or (h) of the Act that is applicable to a source subject to an emission limitation by permit established under section 112(j) of the Act, and the requirements under the section 112(j) emission limitation are substantially as effective as the promulgated emission standard, the owner or operator may request the permitting authority to revise the source's title V permit to reflect that the emission limitation in the permit satisfies the requirements of the promulgated emission standard. The process by which the permitting authority determines whether the section 112(j) emission limitation is substantially as effective as the promulgated emission standard must include, consistent with part 70 or 71 of this chapter, the opportunity for full public, EPA, and affected State review (including the opportunity for EPA's objection) prior to the permit revision being finalized. A negative determination by the permitting authority constitutes final action for purposes of review and appeal under the applicable title V operating permit program.
              [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16595, Apr. 5, 2002]

              § 63.2
              Definitions.
              The terms used in this part are defined in the Act or in this section as follows:

                Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by Pub. L. 101-549, 104 Stat. 2399).

                Actual emissions is defined in subpart D of this part for the purpose of granting a compliance extension for an early reduction of hazardous air pollutants.

                Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized representative (e.g., a State that has been delegated the authority to implement the provisions of this part).

                Affected source, for the purposes of this part, means the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a section 112(c) source category or subcategory for which a section 112(d) standard or other relevant standard is established pursuant to section 112 of the Act. Each relevant standard will define the “affected source,” as defined in this paragraph unless a different definition is warranted based on a published justification as to why this definition would result in significant administrative, practical, or implementation problems and why the different definition would resolve those problems. The term “affected source,” as used in this part, is separate and distinct from any other use of that term in EPA regulations such as those implementing title IV of the Act. Affected source may be defined differently for part 63 than affected facility and stationary source in parts 60 and 61, respectively. This definition of “affected source,” and the procedures for adopting an alternative definition of “affected source,” shall apply to each section 112(d) standard for which the initial proposed rule is signed by the Administrator after June 30, 2002.

                Alternative emission limitation means conditions established pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the Administrator or by a State with an approved permit program.

                Alternative emission standard means an alternative means of emission limitation that, after notice and opportunity for public comment, has been demonstrated by an owner or operator to the Administrator's satisfaction to achieve a reduction in emissions of any air pollutant at least equivalent to the reduction in emissions of such pollutant achieved under a relevant design, equipment, work practice, or operational emission standard, or combination thereof, established under this part pursuant to section 112(h) of the Act.

                Alternative test method means any method of sampling and analyzing for an air pollutant that is not a test method in this chapter and that has been demonstrated to the Administrator's satisfaction, using Method 301 in appendix A of this part, to produce results adequate for the Administrator's determination that it may be used in place of a test method specified in this part.

                Approved permit program means a State permit program approved by the Administrator as meeting the requirements of part 70 of this chapter or a Federal permit program established in this chapter pursuant to title V of the Act (42 U.S.C. 7661).

                Area source means any stationary source of hazardous air pollutants that is not a major source as defined in this part.

                Commenced means, with respect to construction or reconstruction of an affected source, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.

                Compliance date means the date by which an affected source is required to be in compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established by the Administrator (or a State with an approved permit program) pursuant to section 112 of the Act.

                Compliance schedule means: (1) In the case of an affected source that is in compliance with all applicable requirements established under this part, a statement that the source will continue to comply with such requirements; or
              (2) In the case of an affected source that is required to comply with applicable requirements by a future date, a statement that the source will meet such requirements on a timely basis and, if required by an applicable requirement, a detailed schedule of the dates by which each step toward compliance will be reached; or
              (3) In the case of an affected source not in compliance with all applicable requirements established under this part, a schedule of remedial measures, including an enforceable sequence of actions or operations with milestones and a schedule for the submission of certified progress reports, where applicable, leading to compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established pursuant to section 112 of the Act for which the affected source is not in compliance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

                Construction means the on-site fabrication, erection, or installation of an affected source. Construction does not include the removal of all equipment comprising an affected source from an existing location and reinstallation of such equipment at a new location. The owner or operator of an existing affected source that is relocated may elect not to reinstall minor ancillary equipment including, but not limited to, piping, ductwork, and valves. However, removal and reinstallation of an affected source will be construed as reconstruction if it satisfies the criteria for reconstruction as defined in this section. The costs of replacing minor ancillary equipment must be considered in determining whether the existing affected source is reconstructed.

                Continuous emission monitoring system (CEMS) means the total equipment that may be required to meet the data acquisition and availability requirements of this part, used to sample, condition (if applicable), analyze, and provide a record of emissions.

                Continuous monitoring system (CMS) is a comprehensive term that may include, but is not limited to, continuous emission monitoring systems, continuous opacity monitoring systems, continuous parameter monitoring systems, or other manual or automatic monitoring that is used for demonstrating compliance with an applicable regulation on a continuous basis as defined by the regulation.

                Continuous opacity monitoring system (COMS) means a continuous monitoring system that measures the opacity of emissions.

                Continuous parameter monitoring system means the total equipment that may be required to meet the data acquisition and availability requirements of this part, used to sample, condition (if applicable), analyze, and provide a record of process or control system parameters.

                Effective date means:

              (1) With regard to an emission standard established under this part, the date of promulgation in the Federal Register of such standard; or
              (2) With regard to an alternative emission limitation or equivalent emission limitation determined by the Administrator (or a State with an approved permit program), the date that the alternative emission limitation or equivalent emission limitation becomes effective according to the provisions of this part.

                Emission standard means a national standard, limitation, prohibition, or other regulation promulgated in a subpart of this part pursuant to sections 112(d), 112(h), or 112(f) of the Act.

                Emissions averaging is a way to comply with the emission limitations specified in a relevant standard, whereby an affected source, if allowed under a subpart of this part, may create emission credits by reducing emissions from specific points to a level below that required by the relevant standard, and those credits are used to offset emissions from points that are not controlled to the level required by the relevant standard.

                EPA means the United States Environmental Protection Agency.

                Equivalent emission limitation means any maximum achievable control technology emission limitation or requirements which are applicable to a major source of hazardous air pollutants and are adopted by the Administrator (or a State with an approved permit program) on a case-by-case basis, pursuant to section 112(g) or (j) of the Act.

                Excess emissions and continuous monitoring system performance report is a report that must be submitted periodically by an affected source in order to provide data on its compliance with relevant emission limits, operating parameters, and the performance of its continuous parameter monitoring systems.

                Existing source means any affected source that is not a new source.

                Federally enforceable means all limitations and conditions that are enforceable by the Administrator and citizens under the Act or that are enforceable under other statutes administered by the Administrator. Examples of federally enforceable limitations and conditions include, but are not limited to:
              (1) Emission standards, alternative emission standards, alternative emission limitations, and equivalent emission limitations established pursuant to section 112 of the Act as amended in 1990;
              (2) New source performance standards established pursuant to section 111 of the Act, and emission standards established pursuant to section 112 of the Act before it was amended in 1990;
              (3) All terms and conditions in a title V permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable;
              (4) Limitations and conditions that are part of an approved State Implementation Plan (SIP) or a Federal Implementation Plan (FIP);
              (5) Limitations and conditions that are part of a Federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by the EPA in accordance with 40 CFR part 51;
              (6) Limitations and conditions that are part of an operating permit where the permit and the permitting program pursuant to which it was issued meet all of the following criteria:
              (i) The operating permit program has been submitted to and approved by EPA into a State implementation plan (SIP) under section 110 of the CAA;

              (ii) The SIP imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides that permits which do not conform to the operating permit program requirements and the requirements of EPA's underlying regulations may be deemed not “federally enforceable” by EPA;
              (iii) The operating permit program requires that all emission limitations, controls, and other requirements imposed by such permits will be at least as stringent as any other applicable limitations and requirements contained in the SIP or enforceable under the SIP, and that the program may not issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the SIP, or that are otherwise “federally enforceable”;
              (iv) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter; and
              (v) The permit in question was issued only after adequate and timely notice and opportunity for comment for EPA and the public.
              (7) Limitations and conditions in a State rule or program that has been approved by the EPA under subpart E of this part for the purposes of implementing and enforcing section 112; and
              (8) Individual consent agreements that the EPA has legal authority to create.

                Fixed capital cost means the capital needed to provide all the depreciable components of an existing source.

                Force majeure means, for purposes of § 63.7, an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents the owner or operator from complying with the regulatory requirement to conduct performance tests within the specified timeframe despite the affected facility's best efforts to fulfill the obligation. Examples of such events are acts of nature, acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility.

                Fugitive emissions means those emissions from a stationary source that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Under section 112 of the Act, all fugitive emissions are to be considered in determining whether a stationary source is a major source.

                Hazardous air pollutant means any air pollutant listed in or pursuant to section 112(b) of the Act.

                Issuance of a part 70 permit will occur, if the State is the permitting authority, in accordance with the requirements of part 70 of this chapter and the applicable, approved State permit program. When the EPA is the permitting authority, issuance of a title V permit occurs immediately after the EPA takes final action on the final permit.

                Major source means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the Administrator establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.

                Malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

                Monitoring means the collection and use of measurement data or other information to control the operation of a process or pollution control device or to verify a work practice standard relative to assuring compliance with applicable requirements. Monitoring is composed of four elements:

              (1) Indicator(s) of performance—the parameter or parameters you measure or observe for demonstrating proper operation of the pollution control measures or compliance with the applicable emissions limitation or standard. Indicators of performance may include direct or predicted emissions measurements (including opacity), operational parametric values that correspond to process or control device (and capture system) efficiencies or emissions rates, and recorded findings of inspection of work practice activities, materials tracking, or design characteristics. Indicators may be expressed as a single maximum or minimum value, a function of process variables (for example, within a range of pressure drops), a particular operational or work practice status (for example, a damper position, completion of a waste recovery task, materials tracking), or an interdependency between two or among more than two variables.
              (2) Measurement techniques—the means by which you gather and record information of or about the indicators of performance. The components of the measurement technique include the detector type, location and installation specifications, inspection procedures, and quality assurance and quality control measures. Examples of measurement techniques include continuous emission monitoring systems, continuous opacity monitoring systems, continuous parametric monitoring systems, and manual inspections that include making records of process conditions or work practices.
              (3) Monitoring frequency—the number of times you obtain and record monitoring data over a specified time interval. Examples of monitoring frequencies include at least four points equally spaced for each hour for continuous emissions or parametric monitoring systems, at least every 10 seconds for continuous opacity monitoring systems, and at least once per operating day (or week, month, etc.) for work practice or design inspections.
              (4) Averaging time—the period over which you average and use data to verify proper operation of the pollution control approach or compliance with the emissions limitation or standard. Examples of averaging time include a 3-hour average in units of the emissions limitation, a 30-day rolling average emissions value, a daily average of a control device operational parametric range, and an instantaneous alarm.

                New affected source means the collection of equipment, activities, or both within a single contiguous area and under common control that is included in a section 112(c) source category or subcategory that is subject to a section 112(d) or other relevant standard for new sources. This definition of “new affected source,” and the criteria to be utilized in implementing it, shall apply to each section 112(d) standard for which the initial proposed rule is signed by the Administrator after June 30, 2002. Each relevant standard will define the term “new affected source,” which will be the same as the “affected source” unless a different collection is warranted based on consideration of factors including:
              (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.

                New source means any affected source the construction or reconstruction of which is commenced after the Administrator first proposes a relevant emission standard under this part establishing an emission standard applicable to such source.

                One-hour period, unless otherwise defined in an applicable subpart, means any 60-minute period commencing on the hour.

                Opacity means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. For continuous opacity monitoring systems, opacity means the fraction of incident light that is attenuated by an optical medium.

                Owner or operator means any person who owns, leases, operates, controls, or supervises a stationary source.

                Performance audit means a procedure to analyze blind samples, the content of which is known by the Administrator, simultaneously with the analysis of performance test samples in order to provide a measure of test data quality.

                Performance evaluation means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validating the continuous monitoring system data.

                Performance test means the collection of data resulting from the execution of a test method (usually three emission test runs) used to demonstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard.

                Permit modification means a change to a title V permit as defined in regulations codified in this chapter to implement title V of the Act (42 U.S.C. 7661).

                Permit program means a comprehensive State operating permit system established pursuant to title V of the Act (42 U.S.C. 7661) and regulations codified in part 70 of this chapter and applicable State regulations, or a comprehensive Federal operating permit system established pursuant to title V of the Act and regulations codified in this chapter.

                Permit revision means any permit modification or administrative permit amendment to a title V permit as defined in regulations codified in this chapter to implement title V of the Act (42 U.S.C. 7661).

                Permitting authority means: (1) The State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to carry out a permit program under part 70 of this chapter; or
              (2) The Administrator, in the case of EPA-implemented permit programs under title V of the Act (42 U.S.C. 7661).

                Pollution Prevention means source reduction as defined under the Pollution Prevention Act (42 U.S.C. 13101-13109). The definition is as follows:
              (1) Source reduction is any practice that:
              (i) Reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and
              (ii) Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants.
              (2) The term source reduction includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.
              (3) The term source reduction does not include any practice that alters the physical, chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.

                Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.

                Reconstruction, unless otherwise defined in a relevant standard, means the replacement of components of an affected or a previously nonaffected source to such an extent that:
              (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source; and

              (2) It is technologically and economically feasible for the reconstructed source to meet the relevant standard(s) established by the Administrator (or a State) pursuant to section 112 of the Act. Upon reconstruction, an affected source, or a stationary source that becomes an affected source, is subject to relevant standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.

                Regulation promulgation schedule means the schedule for the promulgation of emission standards under this part, established by the Administrator pursuant to section 112(e) of the Act and published in the Federal Register.

                Relevant standard means:
              (1) An emission standard;
              (2) An alternative emission standard;
              (3) An alternative emission limitation; or
              (4) An equivalent emission limitation established pursuant to section 112 of the Act that applies to the collection of equipment, activities, or both regulated by such standard or limitation. A relevant standard may include or consist of a design, equipment, work practice, or operational requirement, or other measure, process, method, system, or technique (including prohibition of emissions) that the Administrator (or a State) establishes for new or existing sources to which such standard or limitation applies. Every relevant standard established pursuant to section 112 of the Act includes subpart A of this part, as provided by § 63.1(a)(4), and all applicable appendices of this part or of other parts of this chapter that are referenced in that standard.

                Responsible official means one of the following:
              (1) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either:
              (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
              (ii) The delegation of authority to such representative is approved in advance by the Administrator.
              (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively.
              (3) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the EPA).
              (4) For affected sources (as defined in this part) applying for or subject to a title V permit: “responsible official” shall have the same meaning as defined in part 70 or Federal title V regulations in this chapter (42 U.S.C. 7661), whichever is applicable.

                Run means one of a series of emission or other measurements needed to determine emissions for a representative operating period or cycle as specified in this part.

                Shutdown means the cessation of operation of an affected source or portion of an affected source for any purpose.

                Six-minute period means, with respect to opacity determinations, any one of the 10 equal parts of a 1-hour period.

                Source at a Performance Track member facility means a major or area source located at a facility which has been accepted by EPA for membership in the Performance Track Program (as described at www.epa.gov/PerformanceTrack) and is still a member of the Program. The Performance Track Program is a voluntary program that encourages continuous environmental improvement through the use of environmental management systems, local community outreach, and measurable results.

                Standard conditions means a temperature of 293 K (68 °F) and a pressure of 101.3 kilopascals (29.92 in. Hg).

                Startup means the setting in operation of an affected source or portion of an affected source for any purpose.

                State means all non-Federal authorities, including local agencies, interstate associations, and State-wide programs, that have delegated authority to implement: (1) The provisions of this part and/or (2) the permit program established under part 70 of this chapter. The term State shall have its conventional meaning where clear from the context.

                Stationary source means any building, structure, facility, or installation which emits or may emit any air pollutant.

                Test method means the validated procedure for sampling, preparing, and analyzing for an air pollutant specified in a relevant standard as the performance test procedure. The test method may include methods described in an appendix of this chapter, test methods incorporated by reference in this part, or methods validated for an application through procedures in Method 301 of appendix A of this part.

                Title V permit means any permit issued, renewed, or revised pursuant to Federal or State regulations established to implement title V of the Act (42 U.S.C. 7661). A title V permit issued by a State permitting authority is called a part 70 permit in this part.

                Visible emission means the observation of an emission of opacity or optical density above the threshold of vision.

                Working day means any day on which Federal Government offices (or State government offices for a State that has obtained delegation under section 112(l)) are open for normal business. Saturdays, Sundays, and official Federal (or where delegated, State) holidays are not working days.
              [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16596, Apr. 5, 2002; 68 FR 32600, May 30, 2003; 69 FR 21752, Apr. 22, 2004; 72 FR 27443, May 16, 2007]

              § 63.3
              Units and abbreviations.
              Used in this part are abbreviations and symbols of units of measure. These are defined as follows:
              (a) System International (SI) units of measure:

                A = ampere
                g = gram
                Hz = hertz
                J = joule
                °K = degree Kelvin
                kg = kilogram
                l = liter
                m = meter
                m3 = cubic meter
                mg = milligram = 10−3 gram
                ml = milliliter = 10−3 liter
                mm = millimeter = 10−3 meter
                Mg = megagram = 106 gram = metric ton
                MJ = megajoule
                mol = mole
                N = newton
                ng = nanogram = 10−9 gram
                nm = nanometer = 10−9 meter
                Pa = pascal
                s = second
                V = volt
                W = watt
                Ω = ohm
                µg = microgram = 10−6 gram
                µl = microliter = 10−6 liter

              (b) Other units of measure:

                Btu = British thermal unit
                 °C = degree Celsius (centigrade)
                cal = calorie
                cfm = cubic feet per minute
                cc = cubic centimeter
                cu ft = cubic feet
                d = day
                dcf = dry cubic feet
                dcm = dry cubic meter
                dscf = dry cubic feet at standard conditions
                dscm = dry cubic meter at standard conditions
                eq = equivalent
                 °F degree Fahrenheit
                ft = feet
                ft2 = square feet
                ft3 = cubic feet
                gal = gallon
                gr = grain
                g-eq = gram equivalent
                g-mole = gram mole
                hr = hour
                in. = inch
                in. H2 O = inches of water
                K = 1,000
                kcal = kilocalorie
                lb = pound
                lpm = liter per minute
                meq = milliequivalent
                min = minute
                MW = molecular weight
                oz = ounces
                ppb = parts per billion
                ppbw = parts per billion by weight
                ppbv = parts per billion by volume
                ppm = parts per million
                ppmw = parts per million by weight
                ppmv = parts per million by volume
                psia = pounds per square inch absolute
                psig = pounds per square inch gage
                °R = degree Rankine
                scf = cubic feet at standard conditions
                scfh = cubic feet at standard conditions per hour
                scm = cubic meter at standard conditions
                scmm = cubic meter at standard conditions per minute
                sec = second
                sq ft = square feet
                std = at standard conditions
                v/v = volume per volume
                yd2 = square yards
                yr = year

              (c) Miscellaneous:

                act = actual
                avg = average
                I.D. = inside diameter

                M = molar
                N = normal
                O.D. = outside diameter
                % = percent

              [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]

              § 63.4
              Prohibited activities and circumvention.
              (a) Prohibited activities. (1) No owner or operator subject to the provisions of this part must operate any affected source in violation of the requirements of this part. Affected sources subject to and in compliance with either an extension of compliance or an exemption from compliance are not in violation of the requirements of this part. An extension of compliance can be granted by the Administrator under this part; by a State with an approved permit program; or by the President under section 112(i)(4) of the Act.
              (2) No owner or operator subject to the provisions of this part shall fail to keep records, notify, report, or revise reports as required under this part.
              (3)-(5) [Reserved]
              (b) Circumvention. No owner or operator subject to the provisions of this part shall build, erect, install, or use any article, machine, equipment, or process to conceal an emission that would otherwise constitute noncompliance with a relevant standard. Such concealment includes, but is not limited to—
              (1) The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere;
              (2) The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions; and
              (c) Fragmentation. Fragmentation after November 15, 1990 which divides ownership of an operation, within the same facility among various owners where there is no real change in control, will not affect applicability. The owner and operator must not use fragmentation or phasing of reconstruction activities (i.e., intentionally dividing reconstruction into multiple parts for purposes of avoiding new source requirements) to avoid becoming subject to new source requirements.
              [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]

              § 63.5
              Preconstruction review and notification requirements.
              (a) Applicability. (1) This section implements the preconstruction review requirements of section 112(i)(1). After the effective date of a relevant standard, promulgated pursuant to section 112(d), (f), or (h) of the Act, under this part, the preconstruction review requirements in this section apply to the owner or operator of new affected sources and reconstructed affected sources that are major-emitting as specified in this section. New and reconstructed affected sources that commence construction or reconstruction before the effective date of a relevant standard are not subject to the preconstruction review requirements specified in paragraphs (b)(3), (d), and (e) of this section.
              (2) This section includes notification requirements for new affected sources and reconstructed affected sources that are not major-emitting affected sources and that are or become subject to a relevant promulgated emission standard after the effective date of a relevant standard promulgated under this part.
              (b) Requirements for existing, newly constructed, and reconstructed sources. (1) A new affected source for which construction commences after proposal of a relevant standard is subject to relevant standards for new affected sources, including compliance dates. An affected source for which reconstruction commences after proposal of a relevant standard is subject to relevant standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.
              (2) [Reserved]

              (3) After the effective date of any relevant standard promulgated by the Administrator under this part, no person may, without obtaining written approval in advance from the Administrator in accordance with the procedures specified in paragraphs (d) and (e) of this section, do any of the following:

              (i) Construct a new affected source that is major-emitting and subject to such standard;
              (ii) Reconstruct an affected source that is major-emitting and subject to such standard; or
              (iii) Reconstruct a major source such that the source becomes an affected source that is major-emitting and subject to the standard.
              (4) After the effective date of any relevant standard promulgated by the Administrator under this part, an owner or operator who constructs a new affected source that is not major-emitting or reconstructs an affected source that is not major-emitting that is subject to such standard, or reconstructs a source such that the source becomes an affected source subject to the standard, must notify the Administrator of the intended construction or reconstruction. The notification must be submitted in accordance with the procedures in § 63.9(b).
              (5) [Reserved]
              (6) After the effective date of any relevant standard promulgated by the Administrator under this part, equipment added (or a process change) to an affected source that is within the scope of the definition of affected source under the relevant standard must be considered part of the affected source and subject to all provisions of the relevant standard established for that affected source.
              (c) [Reserved]
              (d) Application for approval of construction or reconstruction. The provisions of this paragraph implement section 112(i)(1) of the Act.
              (1) General application requirements. (i) An owner or operator who is subject to the requirements of paragraph (b)(3) of this section must submit to the Administrator an application for approval of the construction or reconstruction. The application must be submitted as soon as practicable before actual construction or reconstruction begins. The application for approval of construction or reconstruction may be used to fulfill the initial notification requirements of § 63.9(b)(5). The owner or operator may submit the application for approval well in advance of the date actual construction or reconstruction begins in order to ensure a timely review by the Administrator and that the planned date to begin will not be delayed.
              (ii) A separate application shall be submitted for each construction or reconstruction. Each application for approval of construction or reconstruction shall include at a minimum:
              (A) The applicant's name and address;
              (B) A notification of intention to construct a new major affected source or make any physical or operational change to a major affected source that may meet or has been determined to meet the criteria for a reconstruction, as defined in § 63.2 or in the relevant standard;
              (C) The address (i.e., physical location) or proposed address of the source;
              (D) An identification of the relevant standard that is the basis of the application;
              (E) The expected date of the beginning of actual construction or reconstruction;
              (F) The expected completion date of the construction or reconstruction;
              (G) [Reserved]
              (H) The type and quantity of hazardous air pollutants emitted by the source, reported in units and averaging times and in accordance with the test methods specified in the relevant standard, or if actual emissions data are not yet available, an estimate of the type and quantity of hazardous air pollutants expected to be emitted by the source reported in units and averaging times specified in the relevant standard. The owner or operator may submit percent reduction information if a relevant standard is established in terms of percent reduction. However, operating parameters, such as flow rate, shall be included in the submission to the extent that they demonstrate performance and compliance; and
              (I) [Reserved]
              (J) Other information as specified in paragraphs (d)(2) and (d)(3) of this section.

              (iii) An owner or operator who submits estimates or preliminary information in place of the actual emissions data and analysis required in paragraphs (d)(1)(ii)(H) and (d)(2) of this section shall submit the actual, measured emissions data and other correct information as soon as available but no later than with the notification of compliance status required in § 63.9(h) (see § 63.9(h)(5)).
              (2) Application for approval of construction. Each application for approval of construction must include, in addition to the information required in paragraph (d)(1)(ii) of this section, technical information describing the proposed nature, size, design, operating design capacity, and method of operation of the source, including an identification of each type of emission point for each type of hazardous air pollutant that is emitted (or could reasonably be anticipated to be emitted) and a description of the planned air pollution control system (equipment or method) for each emission point. The description of the equipment to be used for the control of emissions must include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions must include an estimated control efficiency (percent) for that method. Such technical information must include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations.
              (3) Application for approval of reconstruction. Each application for approval of reconstruction shall include, in addition to the information required in paragraph (d)(1)(ii) of this section—
              (i) A brief description of the affected source and the components that are to be replaced;
              (ii) A description of present and proposed emission control systems (i.e., equipment or methods). The description of the equipment to be used for the control of emissions shall include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations;
              (iii) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source;
              (iv) The estimated life of the affected source after the replacements; and
              (v) A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the Administrator's satisfaction that the technical or economic limitations affect the source's ability to comply with the relevant standard and how they do so.
              (vi) If in the application for approval of reconstruction the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or other requirements, the owner or operator need not submit the information required in paragraphs (d)(3)(iii) through (d)(3)(v) of this section.
              (4) Additional information. The Administrator may request additional relevant information after the submittal of an application for approval of construction or reconstruction.
              (e) Approval of construction or reconstruction. (1)(i) If the Administrator determines that, if properly constructed, or reconstructed, and operated, a new or existing source for which an application under paragraph (d) of this section was submitted will not cause emissions in violation of the relevant standard(s) and any other federally enforceable requirements, the Administrator will approve the construction or reconstruction.
              (ii) In addition, in the case of reconstruction, the Administrator's determination under this paragraph will be based on:
              (A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new source;

              (B) The estimated life of the source after the replacements compared to the life of a comparable entirely new source;
              (C) The extent to which the components being replaced cause or contribute to the emissions from the source; and
              (D) Any economic or technical limitations on compliance with relevant standards that are inherent in the proposed replacements.
              (2)(i) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of construction or reconstruction within 60 calendar days after receipt of sufficient information to evaluate an application submitted under paragraph (d) of this section. The 60-day approval or denial period will begin after the owner or operator has been notified in writing that his/her application is complete. The Administrator will notify the owner or operator in writing of the status of his/her application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted.
              (ii) When notifying the owner or operator that his/her application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after he/she is notified of the incomplete application, additional information or arguments to the Administrator to enable further action on the application.
              (3) Before denying any application for approval of construction or reconstruction, the Administrator will notify the applicant of the Administrator's intention to issue the denial together with—
              (i) Notice of the information and findings on which the intended denial is based; and
              (ii) Notice of opportunity for the applicant to present, in writing, within 30 calendar days after he/she is notified of the intended denial, additional information or arguments to the Administrator to enable further action on the application.
              (4) A final determination to deny any application for approval will be in writing and will specify the grounds on which the denial is based. The final determination will be made within 60 calendar days of presentation of additional information or arguments (if the application is complete), or within 60 calendar days after the final date specified for presentation if no presentation is made.
              (5) Neither the submission of an application for approval nor the Administrator's approval of construction or reconstruction shall—
              (i) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or with any other applicable Federal, State, or local requirement; or
              (ii) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act.
              (f) Approval of construction or reconstruction based on prior State preconstruction review. (1) Preconstruction review procedures that a State utilizes for other purposes may also be utilized for purposes of this section if the procedures are substantially equivalent to those specified in this section. The Administrator will approve an application for construction or reconstruction specified in paragraphs (b)(3) and (d) of this section if the owner or operator of a new affected source or reconstructed affected source, who is subject to such requirement meets the following conditions:
              (i) The owner or operator of the new affected source or reconstructed affected source has undergone a preconstruction review and approval process in the State in which the source is (or would be) located and has received a federally enforceable construction permit that contains a finding that the source will meet the relevant promulgated emission standard, if the source is properly built and operated.
              (ii) Provide a statement from the State or other evidence (such as State regulations) that it considered the factors specified in paragraph (e)(1) of this section.

              (2) The owner or operator must submit to the Administrator the request for approval of construction or reconstruction under this paragraph (f)(2) no later than the application deadline specified in paragraph (d)(1) of this section (see also § 63.9(b)(2)). The owner or operator must include in the request information sufficient for the Administrator's determination. The Administrator will evaluate the owner or operator's request in accordance with the procedures specified in paragraph (e) of this section. The Administrator may request additional relevant information after the submittal of a request for approval of construction or reconstruction under this paragraph (f)(2).
              [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]

              § 63.6
              Compliance with standards and maintenance requirements.
              (a) Applicability. (1) The requirements in this section apply to the owner or operator of affected sources for which any relevant standard has been established pursuant to section 112 of the Act and the applicability of such requirements is set out in accordance with § 63.1(a)(4) unless—
              (i) The Administrator (or a State with an approved permit program) has granted an extension of compliance consistent with paragraph (i) of this section; or
              (ii) The President has granted an exemption from compliance with any relevant standard in accordance with section 112(i)(4) of the Act.
              (2) If an area source that otherwise would be subject to an emission standard or other requirement established under this part if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source, such source shall be subject to the relevant emission standard or other requirement.
              (b) Compliance dates for new and reconstructed sources. (1) Except as specified in paragraphs (b)(3) and (4) of this section, the owner or operator of a new or reconstructed affected source for which construction or reconstruction commences after proposal of a relevant standard that has an initial startup before the effective date of a relevant standard established under this part pursuant to section 112(d), (f), or (h) of the Act must comply with such standard not later than the standard's effective date.
              (2) Except as specified in paragraphs (b)(3) and (4) of this section, the owner or operator of a new or reconstructed affected source that has an initial startup after the effective date of a relevant standard established under this part pursuant to section 112(d), (f), or (h) of the Act must comply with such standard upon startup of the source.
              (3) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established under this part pursuant to section 112(d), 112(f), or 112(h) of the Act but before the effective date (that is, promulgation) of such standard shall comply with the relevant emission standard not later than the date 3 years after the effective date if:
              (i) The promulgated standard (that is, the relevant standard) is more stringent than the proposed standard; for purposes of this paragraph, a finding that controls or compliance methods are “more stringent” must include control technologies or performance criteria and compliance or compliance assurance methods that are different but are substantially equivalent to those required by the promulgated rule, as determined by the Administrator (or his or her authorized representative); and
              (ii) The owner or operator complies with the standard as proposed during the 3-year period immediately after the effective date.

              (4) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112(d) of the Act but before the proposal date of a relevant standard established pursuant to section 112(f) shall not be required to comply with the section 112(f) emission standard until the date 10 years after the date construction or reconstruction is commenced, except that, if the section 112(f) standard is promulgated more than 10 years after construction or reconstruction is commenced, the owner or operator must comply with the standard as provided in paragraphs (b)(1) and (2) of this section.
              (5) The owner or operator of a new source that is subject to the compliance requirements of paragraph (b)(3) or (4) of this section must notify the Administrator in accordance with § 63.9(d)
              (6) [Reserved]
              (7) When an area source becomes a major source by the addition of equipment or operations that meet the definition of new affected source in the relevant standard, the portion of the existing facility that is a new affected source must comply with all requirements of that standard applicable to new sources. The source owner or operator must comply with the relevant standard upon startup.
              (c) Compliance dates for existing sources. (1) After the effective date of a relevant standard established under this part pursuant to section 112(d) or 112(h) of the Act, the owner or operator of an existing source shall comply with such standard by the compliance date established by the Administrator in the applicable subpart(s) of this part. Except as otherwise provided for in section 112 of the Act, in no case will the compliance date established for an existing source in an applicable subpart of this part exceed 3 years after the effective date of such standard.
              (2) If an existing source is subject to a standard established under this part pursuant to section 112(f) of the Act, the owner or operator must comply with the standard by the date 90 days after the standard's effective date, or by the date specified in an extension granted to the source by the Administrator under paragraph (i)(4)(ii) of this section, whichever is later.
              (3)-(4) [Reserved]
              (5) Except as provided in paragraph (b)(7) of this section, the owner or operator of an area source that increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source shall be subject to relevant standards for existing sources. Such sources must comply by the date specified in the standards for existing area sources that become major sources. If no such compliance date is specified in the standards, the source shall have a period of time to comply with the relevant emission standard that is equivalent to the compliance period specified in the relevant standard for existing sources in existence at the time the standard becomes effective.
              (d) [Reserved]
              (e) Operation and maintenance requirements. (1)(i) At all times, including periods of startup, shutdown, and malfunction, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. During a period of startup, shutdown, or malfunction, this general duty to minimize emissions requires that the owner or operator reduce emissions from the affected source to the greatest extent which is consistent with safety and good air pollution control practices. The general duty to minimize emissions during a period of startup, shutdown, or malfunction does not require the owner or operator to achieve emission levels that would be required by the applicable standard at other times if this is not consistent with safety and good air pollution control practices, nor does it require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures (including the startup, shutdown, and malfunction plan required in paragraph (e)(3) of this section), review of operation and maintenance records, and inspection of the source.

              (ii) Malfunctions must be corrected as soon as practicable after their occurrence. To the extent that an unexpected event arises during a startup, shutdown, or malfunction, an owner or operator must comply by minimizing emissions during such a startup, shutdown, and malfunction event consistent with safety and good air pollution control practices.

              (iii) Operation and maintenance requirements established pursuant to section 112 of the Act are enforceable independent of emissions limitations or other requirements in relevant standards.
              (2) [Reserved]
              (3) Startup, shutdown, and malfunction plan. (i) The owner or operator of an affected source must develop a written startup, shutdown, and malfunction plan that describes, in detail, procedures for operating and maintaining the source during periods of startup, shutdown, and malfunction; and a program of corrective action for malfunctioning process, air pollution control, and monitoring equipment used to comply with the relevant standard. The startup, shutdown, and malfunction plan does not need to address any scenario that would not cause the source to exceed an applicable emission limitation in the relevant standard. This plan must be developed by the owner or operator by the source's compliance date for that relevant standard. The purpose of the startup, shutdown, and malfunction plan is to—
              (A) Ensure that, at all times, the owner or operator operates and maintains each affected source, including associated air pollution control and monitoring equipment, in a manner which satisfies the general duty to minimize emissions established by paragraph (e)(1)(i) of this section;
              (B) Ensure that owners or operators are prepared to correct malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of hazardous air pollutants; and
              (C) Reduce the reporting burden associated with periods of startup, shutdown, and malfunction (including corrective action taken to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation).
              (ii) [Reserved]
              (iii) When actions taken by the owner or operator during a startup or shutdown (and the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards), or malfunction (including actions taken to correct a malfunction) are consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, the owner or operator must keep records for that event which demonstrate that the procedures specified in the plan were followed. These records may take the form of a “checklist,” or other effective form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan and describes the actions taken for that event. In addition, the owner or operator must keep records of these events as specified in paragraph 63.10(b), including records of the occurrence and duration of each startup or shutdown (if the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards), or malfunction of operation and each malfunction of the air pollution control and monitoring equipment. Furthermore, the owner or operator shall confirm that actions taken during the relevant reporting period during periods of startup, shutdown, and malfunction were consistent with the affected source's startup, shutdown and malfunction plan in the semiannual (or more frequent) startup, shutdown, and malfunction report required in § 63.10(d)(5).
              (iv) If an action taken by the owner or operator during a startup, shutdown, or malfunction (including an action taken to correct a malfunction) is not consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, and the source exceeds any applicable emission limitation in the relevant emission standard, then the owner or operator must record the actions taken for that event and must report such actions within 2 working days after commencing actions inconsistent with the plan, followed by a letter within 7 working days after the end of the event, in accordance with § 63.10(d)(5) (unless the owner or operator makes alternative reporting arrangements, in advance, with the Administrator).

              (v) The owner or operator must maintain at the affected source a current startup, shutdown, and malfunction plan and must make the plan available upon request for inspection and copying by the Administrator. In addition, if the startup, shutdown, and malfunction plan is subsequently revised as provided in paragraph (e)(3)(viii) of this section, the owner or operator must maintain at the affected source each previous (i.e., superseded) version of the startup, shutdown, and malfunction plan, and must make each such previous version available for inspection and copying by the Administrator for a period of 5 years after revision of the plan. If at any time after adoption of a startup, shutdown, and malfunction plan the affected source ceases operation or is otherwise no longer subject to the provisions of this part, the owner or operator must retain a copy of the most recent plan for 5 years from the date the source ceases operation or is no longer subject to this part and must make the plan available upon request for inspection and copying by the Administrator. The Administrator may at any time request in writing that the owner or operator submit a copy of any startup, shutdown, and malfunction plan (or a portion thereof) which is maintained at the affected source or in the possession of the owner or operator. Upon receipt of such a request, the owner or operator must promptly submit a copy of the requested plan (or a portion thereof) to the Administrator. The owner or operator may elect to submit the required copy of any startup, shutdown, and malfunction plan to the Administrator in an electronic format. If the owner or operator claims that any portion of such a startup, shutdown, and malfunction plan is confidential business information entitled to protection from disclosure under section 114(c) of the Act or 40 CFR 2.301, the material which is claimed as confidential must be clearly designated in the submission.
              (vi) To satisfy the requirements of this section to develop a startup, shutdown, and malfunction plan, the owner or operator may use the affected source's standard operating procedures (SOP) manual, or an Occupational Safety and Health Administration (OSHA) or other plan, provided the alternative plans meet all the requirements of this section and are made available for inspection or submitted when requested by the Administrator.
              (vii) Based on the results of a determination made under paragraph (e)(1)(i) of this section, the Administrator may require that an owner or operator of an affected source make changes to the startup, shutdown, and malfunction plan for that source. The Administrator must require appropriate revisions to a startup, shutdown, and malfunction plan, if the Administrator finds that the plan:
              (A) Does not address a startup, shutdown, or malfunction event that has occurred;
              (B) Fails to provide for the operation of the source (including associated air pollution control and monitoring equipment) during a startup, shutdown, or malfunction event in a manner consistent with the general duty to minimize emissions established by paragraph (e)(1)(i) of this section;
              (C) Does not provide adequate procedures for correcting malfunctioning process and/or air pollution control and monitoring equipment as quickly as practicable; or
              (D) Includes an event that does not meet the definition of startup, shutdown, or malfunction listed in § 63.2.

              (viii) The owner or operator may periodically revise the startup, shutdown, and malfunction plan for the affected source as necessary to satisfy the requirements of this part or to reflect changes in equipment or procedures at the affected source. Unless the permitting authority provides otherwise, the owner or operator may make such revisions to the startup, shutdown, and malfunction plan without prior approval by the Administrator or the permitting authority. However, each such revision to a startup, shutdown, and malfunction plan must be reported in the semiannual report required by § 63.10(d)(5). If the startup, shutdown, and malfunction plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction but was not included in the startup, shutdown, and malfunction plan at the time the owner or operator developed the plan, the owner or operator must revise the startup, shutdown, and malfunction plan within 45 days after the event to include detailed procedures for operating and maintaining the source during similar malfunction events and a program of corrective action for similar malfunctions of process or air pollution control and monitoring equipment. In the event that the owner or operator makes any revision to the startup, shutdown, and malfunction plan which alters the scope of the activities at the source which are deemed to be a startup, shutdown, or malfunction, or otherwise modifies the applicability of any emission limit, work practice requirement, or other requirement in a standard established under this part, the revised plan shall not take effect until after the owner or operator has provided a written notice describing the revision to the permitting authority.
              (ix) The title V permit for an affected source must require that the owner or operator develop a startup, shutdown, and malfunction plan which conforms to the provisions of this part, but may do so by citing to the relevant subpart or subparagraphs of paragraph (e) of this section. However, any revisions made to the startup, shutdown, and malfunction plan in accordance with the procedures established by this part shall not be deemed to constitute permit revisions under part 70 or part 71 of this chapter and the elements of the startup, shutdown, and malfunction plan shall not be considered an applicable requirement as defined in § 70.2 and § 71.2 of this chapter. Moreover, none of the procedures specified by the startup, shutdown, and malfunction plan for an affected source shall be deemed to fall within the permit shield provision in section 504(f) of the Act.
              (f) Compliance with nonopacity emission standards—(1) Applicability. The non-opacity emission standards set forth in this part shall apply at all times except during periods of startup, shutdown, and malfunction, and as otherwise specified in an applicable subpart. If a startup, shutdown, or malfunction of one portion of an affected source does not affect the ability of particular emission points within other portions of the affected source to comply with the non-opacity emission standards set forth in this part, then that emission point must still be required to comply with the non-opacity emission standards and other applicable requirements.
              (2) Methods for determining compliance. (i) The Administrator will determine compliance with nonopacity emission standards in this part based on the results of performance tests conducted according to the procedures in § 63.7, unless otherwise specified in an applicable subpart of this part.
              (ii) The Administrator will determine compliance with nonopacity emission standards in this part by evaluation of an owner or operator's conformance with operation and maintenance requirements, including the evaluation of monitoring data, as specified in § 63.6(e) and applicable subparts of this part.
              (iii) If an affected source conducts performance testing at startup to obtain an operating permit in the State in which the source is located, the results of such testing may be used to demonstrate compliance with a relevant standard if—
              (A) The performance test was conducted within a reasonable amount of time before an initial performance test is required to be conducted under the relevant standard;
              (B) The performance test was conducted under representative operating conditions for the source;
              (C) The performance test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in § 63.7(e) of this subpart; and
              (D) The performance test was appropriately quality-assured, as specified in § 63.7(c).
              (iv) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards in this part by review of records, inspection of the source, and other procedures specified in applicable subparts of this part.
              (v) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards in this part by evaluation of an owner or operator's conformance with operation and maintenance requirements, as specified in paragraph (e) of this section and applicable subparts of this part.
              (3) Finding of compliance. The Administrator will make a finding concerning an affected source's compliance with a non-opacity emission standard, as specified in paragraphs (f)(1) and (2) of this section, upon obtaining all the compliance information required by the relevant standard (including the written reports of performance test results, monitoring results, and other information, if applicable), and information available to the Administrator pursuant to paragraph (e)(1)(i) of this section.
              (g) Use of an alternative nonopacity emission standard. (1) If, in the Administrator's judgment, an owner or operator of an affected source has established that an alternative means of emission limitation will achieve a reduction in emissions of a hazardous air pollutant from an affected source at least equivalent to the reduction in emissions of that pollutant from that source achieved under any design, equipment, work practice, or operational emission standard, or combination thereof, established under this part pursuant to section 112(h) of the Act, the Administrator will publish in the Federal Register a notice permitting the use of the alternative emission standard for purposes of compliance with the promulgated standard. Any Federal Register notice under this paragraph shall be published only after the public is notified and given the opportunity to comment. Such notice will restrict the permission to the stationary source(s) or category(ies) of sources from which the alternative emission standard will achieve equivalent emission reductions. The Administrator will condition permission in such notice on requirements to assure the proper operation and maintenance of equipment and practices required for compliance with the alternative emission standard and other requirements, including appropriate quality assurance and quality control requirements, that are deemed necessary.
              (2) An owner or operator requesting permission under this paragraph shall, unless otherwise specified in an applicable subpart, submit a proposed test plan or the results of testing and monitoring in accordance with § 63.7 and § 63.8, a description of the procedures followed in testing or monitoring, and a description of pertinent conditions during testing or monitoring. Any testing or monitoring conducted to request permission to use an alternative nonopacity emission standard shall be appropriately quality assured and quality controlled, as specified in § 63.7 and § 63.8.
              (3) The Administrator may establish general procedures in an applicable subpart that accomplish the requirements of paragraphs (g)(1) and (g)(2) of this section.
              (h) Compliance with opacity and visible emission standards—(1) Applicability. The opacity and visible emission standards set forth in this part must apply at all times except during periods of startup, shutdown, and malfunction, and as otherwise specified in an applicable subpart. If a startup, shutdown, or malfunction of one portion of an affected source does not affect the ability of particular emission points within other portions of the affected source to comply with the opacity and visible emission standards set forth in this part, then that emission point shall still be required to comply with the opacity and visible emission standards and other applicable requirements.
              (2) Methods for determining compliance. (i) The Administrator will determine compliance with opacity and visible emission standards in this part based on the results of the test method specified in an applicable subpart. Whenever a continuous opacity monitoring system (COMS) is required to be installed to determine compliance with numerical opacity emission standards in this part, compliance with opacity emission standards in this part shall be determined by using the results from the COMS. Whenever an opacity emission test method is not specified, compliance with opacity emission standards in this part shall be determined by conducting observations in accordance with Test Method 9 in appendix A of part 60 of this chapter or the method specified in paragraph (h)(7)(ii) of this section. Whenever a visible emission test method is not specified, compliance with visible emission standards in this part shall be determined by conducting observations in accordance with Test Method 22 in appendix A of part 60 of this chapter.
              (ii) [Reserved]

              (iii) If an affected source undergoes opacity or visible emission testing at startup to obtain an operating permit in the State in which the source is located, the results of such testing may be used to demonstrate compliance with a relevant standard if—
              (A) The opacity or visible emission test was conducted within a reasonable amount of time before a performance test is required to be conducted under the relevant standard;
              (B) The opacity or visible emission test was conducted under representative operating conditions for the source;
              (C) The opacity or visible emission test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in § 63.7(e); and
              (D) The opacity or visible emission test was appropriately quality-assured, as specified in § 63.7(c) of this section.
              (3) [Reserved]
              (4) Notification of opacity or visible emission observations. The owner or operator of an affected source shall notify the Administrator in writing of the anticipated date for conducting opacity or visible emission observations in accordance with § 63.9(f), if such observations are required for the source by a relevant standard.
              (5) Conduct of opacity or visible emission observations. When a relevant standard under this part includes an opacity or visible emission standard, the owner or operator of an affected source shall comply with the following:
              (i) For the purpose of demonstrating initial compliance, opacity or visible emission observations shall be conducted concurrently with the initial performance test required in § 63.7 unless one of the following conditions applies:
              (A) If no performance test under § 63.7 is required, opacity or visible emission observations shall be conducted within 60 days after achieving the maximum production rate at which a new or reconstructed source will be operated, but not later than 120 days after initial startup of the source, or within 120 days after the effective date of the relevant standard in the case of new sources that start up before the standard's effective date. If no performance test under § 63.7 is required, opacity or visible emission observations shall be conducted within 120 days after the compliance date for an existing or modified source; or
              (B) If visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under § 63.7, or within the time period specified in paragraph (h)(5)(i)(A) of this section, the source's owner or operator shall reschedule the opacity or visible emission observations as soon after the initial performance test, or time period, as possible, but not later than 30 days thereafter, and shall advise the Administrator of the rescheduled date. The rescheduled opacity or visible emission observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial performance test conducted under § 63.7. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity or visible emission observations from being made concurrently with the initial performance test in accordance with procedures contained in Test Method 9 or Test Method 22 in appendix A of part 60 of this chapter.
              (ii) For the purpose of demonstrating initial compliance, the minimum total time of opacity observations shall be 3 hours (30 6-minute averages) for the performance test or other required set of observations (e.g., for fugitive-type emission sources subject only to an opacity emission standard).
              (iii) The owner or operator of an affected source to which an opacity or visible emission standard in this part applies shall conduct opacity or visible emission observations in accordance with the provisions of this section, record the results of the evaluation of emissions, and report to the Administrator the opacity or visible emission results in accordance with the provisions of § 63.10(d).
              (iv) [Reserved]

              (v) Opacity readings of portions of plumes that contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity emission standards.

              (6) Availability of records. The owner or operator of an affected source shall make available, upon request by the Administrator, such records that the Administrator deems necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification.
              (7) Use of a continuous opacity monitoring system. (i) The owner or operator of an affected source required to use a continuous opacity monitoring system (COMS) shall record the monitoring data produced during a performance test required under § 63.7 and shall furnish the Administrator a written report of the monitoring results in accordance with the provisions of § 63.10(e)(4).
              (ii) Whenever an opacity emission test method has not been specified in an applicable subpart, or an owner or operator of an affected source is required to conduct Test Method 9 observations (see appendix A of part 60 of this chapter), the owner or operator may submit, for compliance purposes, COMS data results produced during any performance test required under § 63.7 in lieu of Method 9 data. If the owner or operator elects to submit COMS data for compliance with the opacity emission standard, he or she shall notify the Administrator of that decision, in writing, simultaneously with the notification under § 63.7(b) of the date the performance test is scheduled to begin. Once the owner or operator of an affected source has notified the Administrator to that effect, the COMS data results will be used to determine opacity compliance during subsequent performance tests required under § 63.7, unless the owner or operator notifies the Administrator in writing to the contrary not later than with the notification under § 63.7(b) of the date the subsequent performance test is scheduled to begin.
              (iii) For the purposes of determining compliance with the opacity emission standard during a performance test required under § 63.7 using COMS data, the COMS data shall be reduced to 6-minute averages over the duration of the mass emission performance test.
              (iv) The owner or operator of an affected source using a COMS for compliance purposes is responsible for demonstrating that he/she has complied with the performance evaluation requirements of § 63.8(e), that the COMS has been properly maintained, operated, and data quality-assured, as specified in § 63.8(c) and § 63.8(d), and that the resulting data have not been altered in any way.
              (v) Except as provided in paragraph (h)(7)(ii) of this section, the results of continuous monitoring by a COMS that indicate that the opacity at the time visual observations were made was not in excess of the emission standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the affected source proves that, at the time of the alleged violation, the instrument used was properly maintained, as specified in § 63.8(c), and met Performance Specification 1 in appendix B of part 60 of this chapter, and that the resulting data have not been altered in any way.
              (8) Finding of compliance. The Administrator will make a finding concerning an affected source's compliance with an opacity or visible emission standard upon obtaining all the compliance information required by the relevant standard (including the written reports of the results of the performance tests required by § 63.7, the results of Test Method 9 or another required opacity or visible emission test method, the observer certification required by paragraph (h)(6) of this section, and the continuous opacity monitoring system results, whichever is/are applicable) and any information available to the Administrator needed to determine whether proper operation and maintenance practices are being used.
              (9) Adjustment to an opacity emission standard. (i) If the Administrator finds under paragraph (h)(8) of this section that an affected source is in compliance with all relevant standards for which initial performance tests were conducted under § 63.7, but during the time such performance tests were conducted fails to meet any relevant opacity emission standard, the owner or operator of such source may petition the Administrator to make appropriate adjustment to the opacity emission standard for the affected source. Until the Administrator notifies the owner or operator of the appropriate adjustment, the relevant opacity emission standard remains applicable.
              (ii) The Administrator may grant such a petition upon a demonstration by the owner or operator that—
              (A) The affected source and its associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests;
              (B) The performance tests were performed under the conditions established by the Administrator; and
              (C) The affected source and its associated air pollution control equipment were incapable of being adjusted or operated to meet the relevant opacity emission standard.

              (iii) The Administrator will establish an adjusted opacity emission standard for the affected source meeting the above requirements at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity emission standard at all times during which the source is meeting the mass or concentration emission standard. The Administrator will promulgate the new opacity emission standard in the Federal Register.

              (iv) After the Administrator promulgates an adjusted opacity emission standard for an affected source, the owner or operator of such source shall be subject to the new opacity emission standard, and the new opacity emission standard shall apply to such source during any subsequent performance tests.
              (i) Extension of compliance with emission standards. (1) Until an extension of compliance has been granted by the Administrator (or a State with an approved permit program) under this paragraph, the owner or operator of an affected source subject to the requirements of this section shall comply with all applicable requirements of this part.
              (2) Extension of compliance for early reductions and other reductions—(i) Early reductions. Pursuant to section 112(i)(5) of the Act, if the owner or operator of an existing source demonstrates that the source has achieved a reduction in emissions of hazardous air pollutants in accordance with the provisions of subpart D of this part, the Administrator (or the State with an approved permit program) will grant the owner or operator an extension of compliance with specific requirements of this part, as specified in subpart D.
              (ii) Other reductions. Pursuant to section 112(i)(6) of the Act, if the owner or operator of an existing source has installed best available control technology (BACT) (as defined in section 169(3) of the Act) or technology required to meet a lowest achievable emission rate (LAER) (as defined in section 171 of the Act) prior to the promulgation of an emission standard in this part applicable to such source and the same pollutant (or stream of pollutants) controlled pursuant to the BACT or LAER installation, the Administrator will grant the owner or operator an extension of compliance with such emission standard that will apply until the date 5 years after the date on which such installation was achieved, as determined by the Administrator.
              (3) Request for extension of compliance. Paragraphs (i)(4) through (i)(7) of this section concern requests for an extension of compliance with a relevant standard under this part (except requests for an extension of compliance under paragraph (i)(2)(i) of this section will be handled through procedures specified in subpart D of this part).

              (4)(i)(A) The owner or operator of an existing source who is unable to comply with a relevant standard established under this part pursuant to section 112(d) of the Act may request that the Administrator (or a State, when the State has an approved part 70 permit program and the source is required to obtain a part 70 permit under that program, or a State, when the State has been delegated the authority to implement and enforce the emission standard for that source) grant an extension allowing the source up to 1 additional year to comply with the standard, if such additional period is necessary for the installation of controls. An additional extension of up to 3 years may be added for mining waste operations, if the 1-year extension of compliance is insufficient to dry and cover mining waste in order to reduce emissions of any hazardous air pollutant. The owner or operator of an affected source who has requested an extension of compliance under this paragraph and who is otherwise required to obtain a title V permit shall apply for such permit or apply to have the source's title V permit revised to incorporate the conditions of the extension of compliance. The conditions of an extension of compliance granted under this paragraph will be incorporated into the affected source's title V permit according to the provisions of part 70 or Federal title V regulations in this chapter (42 U.S.C. 7661), whichever are applicable.
              (B) Any request under this paragraph for an extension of compliance with a relevant standard must be submitted in writing to the appropriate authority no later than 120 days prior to the affected source's compliance date (as specified in paragraphs (b) and (c) of this section), except as provided for in paragraph (i)(4)(i)(C) of this section. Nonfrivolous requests submitted under this paragraph will stay the applicability of the rule as to the emission points in question until such time as the request is granted or denied. A denial will be effective as of the date of denial. Emission standards established under this part may specify alternative dates for the submittal of requests for an extension of compliance if alternatives are appropriate for the source categories affected by those standards.
              (C) An owner or operator may submit a compliance extension request after the date specified in paragraph (i)(4)(i)(B) of this section provided the need for the compliance extension arose after that date, and before the otherwise applicable compliance date and the need arose due to circumstances beyond reasonable control of the owner or operator. This request must include, in addition to the information required in paragraph (i)(6)(i) of this section, a statement of the reasons additional time is needed and the date when the owner or operator first learned of the problems. Nonfrivolous requests submitted under this paragraph will stay the applicability of the rule as to the emission points in question until such time as the request is granted or denied. A denial will be effective as of the original compliance date.
              (ii) The owner or operator of an existing source unable to comply with a relevant standard established under this part pursuant to section 112(f) of the Act may request that the Administrator grant an extension allowing the source up to 2 years after the standard's effective date to comply with the standard. The Administrator may grant such an extension if he/she finds that such additional period is necessary for the installation of controls and that steps will be taken during the period of the extension to assure that the health of persons will be protected from imminent endangerment. Any request for an extension of compliance with a relevant standard under this paragraph must be submitted in writing to the Administrator not later than 90 calendar days after the effective date of the relevant standard.
              (5) The owner or operator of an existing source that has installed BACT or technology required to meet LAER [as specified in paragraph (i)(2)(ii) of this section] prior to the promulgation of a relevant emission standard in this part may request that the Administrator grant an extension allowing the source 5 years from the date on which such installation was achieved, as determined by the Administrator, to comply with the standard. Any request for an extension of compliance with a relevant standard under this paragraph shall be submitted in writing to the Administrator not later than 120 days after the promulgation date of the standard. The Administrator may grant such an extension if he or she finds that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard.
              (6)(i) The request for a compliance extension under paragraph (i)(4) of this section shall include the following information:
              (A) A description of the controls to be installed to comply with the standard;

              (B) A compliance schedule, including the date by which each step toward compliance will be reached. At a minimum, the list of dates shall include:
              (1) The date by which on-site construction, installation of emission control equipment, or a process change is planned to be initiated; and
              (2) The date by which final compliance is to be achieved.
              (3) The date by which on-site construction, installation of emission control equipment, or a process change is to be completed; and
              (4) The date by which final compliance is to be achieved;
              (C)-(D)
              (ii) The request for a compliance extension under paragraph (i)(5) of this section shall include all information needed to demonstrate to the Administrator's satisfaction that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard.
              (7) Advice on requesting an extension of compliance may be obtained from the Administrator (or the State with an approved permit program).
              (8) Approval of request for extension of compliance. Paragraphs (i)(9) through (i)(14) of this section concern approval of an extension of compliance requested under paragraphs (i)(4) through (i)(6) of this section.
              (9) Based on the information provided in any request made under paragraphs (i)(4) through (i)(6) of this section, or other information, the Administrator (or the State with an approved permit program) may grant an extension of compliance with an emission standard, as specified in paragraphs (i)(4) and (i)(5) of this section.
              (10) The extension will be in writing and will—
              (i) Identify each affected source covered by the extension;
              (ii) Specify the termination date of the extension;
              (iii) Specify the dates by which steps toward compliance are to be taken, if appropriate;
              (iv) Specify other applicable requirements to which the compliance extension applies (e.g., performance tests); and
              (v)(A) Under paragraph (i)(4), specify any additional conditions that the Administrator (or the State) deems necessary to assure installation of the necessary controls and protection of the health of persons during the extension period; or
              (B) Under paragraph (i)(5), specify any additional conditions that the Administrator deems necessary to assure the proper operation and maintenance of the installed controls during the extension period.
              (11) The owner or operator of an existing source that has been granted an extension of compliance under paragraph (i)(10) of this section may be required to submit to the Administrator (or the State with an approved permit program) progress reports indicating whether the steps toward compliance outlined in the compliance schedule have been reached. The contents of the progress reports and the dates by which they shall be submitted will be specified in the written extension of compliance granted under paragraph (i)(10) of this section.
              (12)(i) The Administrator (or the State with an approved permit program) will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (i)(4)(i) or (i)(5) of this section. The Administrator (or the State) will notify the owner or operator in writing of the status of his/her application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that his/her application is complete.

              (ii) When notifying the owner or operator that his/her application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after he/she is notified of the incomplete application, additional information or arguments to the Administrator to enable further action on the application.
              (iii) Before denying any request for an extension of compliance, the Administrator (or the State with an approved permit program) will notify the owner or operator in writing of the Administrator's (or the State's) intention to issue the denial, together with—
              (A) Notice of the information and findings on which the intended denial is based; and
              (B) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after he/she is notified of the intended denial, additional information or arguments to the Administrator (or the State) before further action on the request.
              (iv) The Administrator's final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made.
              (13)(i) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (i)(4)(ii) of this section. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that his/her application is complete. The Administrator (or the State) will notify the owner or operator in writing of the status of his/her application, that is, whether the application contains sufficient information to make a determination, within 15 calendar days after receipt of the original application and within 15 calendar days after receipt of any supplementary information that is submitted.
              (ii) When notifying the owner or operator that his/her application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 15 calendar days after he/she is notified of the incomplete application, additional information or arguments to the Administrator to enable further action on the application.
              (iii) Before denying any request for an extension of compliance, the Administrator will notify the owner or operator in writing of the Administrator's intention to issue the denial, together with—
              (A) Notice of the information and findings on which the intended denial is based; and
              (B) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after he/she is notified of the intended denial, additional information or arguments to the Administrator before further action on the request.
              (iv) A final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made.
              (14) The Administrator (or the State with an approved permit program) may terminate an extension of compliance at an earlier date than specified if any specification under paragraph (i)(10)(iii) or (iv) of this section is not met. Upon a determination to terminate, the Administrator will notify, in writing, the owner or operator of the Administrator's determination to terminate, together with:
              (i) Notice of the reason for termination; and
              (ii) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after he/she is notified of the determination to terminate, additional information or arguments to the Administrator before further action on the termination.

              (iii) A final determination to terminate an extension of compliance will be in writing and will set forth the specific grounds on which the termination is based. The final determination will be made within 30 calendar days after presentation of additional information or arguments, or within 30 calendar days after the final date specified for the presentation if no presentation is made.
              (15) [Reserved]
              (16) The granting of an extension under this section shall not abrogate the Administrator's authority under section 114 of the Act.
              (j) Exemption from compliance with emission standards. The President may exempt any stationary source from compliance with any relevant standard established pursuant to section 112 of the Act for a period of not more than 2 years if the President determines that the technology to implement such standard is not available and that it is in the national security interests of the United States to do so. An exemption under this paragraph may be extended for 1 or more additional periods, each period not to exceed 2 years.
              [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16599, Apr. 5, 2002; 68 FR 32600, May 30, 2003; 71 FR 20454, Apr. 20, 2006]

              § 63.7
              Performance testing requirements.
              (a) Applicability and performance test dates. (1) The applicability of this section is set out in § 63.1(a)(4).
              (2) Except as provided in paragraph (a)(4) of this section, if required to do performance testing by a relevant standard, and unless a waiver of performance testing is obtained under this section or the conditions of paragraph (c)(3)(ii)(B) of this section apply, the owner or operator of the affected source must perform such tests within 180 days of the compliance date for such source.
              (i)-(viii) [Reserved]
              (ix) Except as provided in paragraph (a)(4) of this section, when an emission standard promulgated under this part is more stringent than the standard proposed (see § 63.6(b)(3)), the owner or operator of a new or reconstructed source subject to that standard for which construction or reconstruction is commenced between the proposal and promulgation dates of the standard shall comply with performance testing requirements within 180 days after the standard's effective date, or within 180 days after startup of the source, whichever is later. If the promulgated standard is more stringent than the proposed standard, the owner or operator may choose to demonstrate compliance with either the proposed or the promulgated standard. If the owner or operator chooses to comply with the proposed standard initially, the owner or operator shall conduct a second performance test within 3 years and 180 days after the effective date of the standard, or after startup of the source, whichever is later, to demonstrate compliance with the promulgated standard.
              (3) The Administrator may require an owner or operator to conduct performance tests at the affected source at any other time when the action is authorized by section 114 of the Act.
              (4) If a force majeure is about to occur, occurs, or has occurred for which the affected owner or operator intends to assert a claim of force majeure:
              (i) The owner or operator shall notify the Administrator, in writing as soon as practicable following the date the owner or operator first knew, or through due diligence should have known that the event may cause or caused a delay in testing beyond the regulatory deadline specified in paragraph (a)(2) or (a)(3) of this section, or elsewhere in this part, but the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification shall occur as soon as practicable.

              (ii) The owner or operator shall provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in testing beyond the regulatory deadline to the force majeure; describe the measures taken or to be taken to minimize the delay; and identify a date by which the owner or operator proposes to conduct the performance test. The performance test shall be conducted as soon as practicable after the force majeure occurs.

              (iii) The decision as to whether or not to grant an extension to the performance test deadline is solely within the discretion of the Administrator. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an extension as soon as practicable.
              (iv) Until an extension of the performance test deadline has been approved by the Administrator under paragraphs (a)(4)(i), (a)(4)(ii), and (a)(4)(iii) of this section, the owner or operator of the affected facility remains strictly subject to the requirements of this part.
              (b) Notification of performance test. (1) The owner or operator of an affected source must notify the Administrator in writing of his or her intention to conduct a performance test at least 60 calendar days before the performance test is initially scheduled to begin to allow the Administrator, upon request, to review an approve the site-specific test plan required under paragraph (c) of this section and to have an observer present during the test.
              (2) In the event the owner or operator is unable to conduct the performance test on the date specified in the notification requirement specified in paragraph (b)(1) of this section due to unforeseeable circumstances beyond his or her control, the owner or operator must notify the Administrator as soon as practicable and without delay prior to the scheduled performance test date and specify the date when the performance test is rescheduled. This notification of delay in conducting the performance test shall not relieve the owner or operator of legal responsibility for compliance with any other applicable provisions of this part or with any other applicable Federal, State, or local requirement, nor will it prevent the Administrator from implementing or enforcing this part or taking any other action under the Act.
              (c) Quality assurance program. (1) The results of the quality assurance program required in this paragraph will be considered by the Administrator when he/she determines the validity of a performance test.
              (2)(i) Submission of site-specific test plan. Before conducting a required performance test, the owner or operator of an affected source shall develop and, if requested by the Administrator, shall submit a site-specific test plan to the Administrator for approval. The test plan shall include a test program summary, the test schedule, data quality objectives, and both an internal and external quality assurance (QA) program. Data quality objectives are the pretest expectations of precision, accuracy, and completeness of data.
              (ii) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of test data precision; an example of internal QA is the sampling and analysis of replicate samples.

              (iii) The performance testing shall include a test method performance audit (PA) during the performance test. The PAs consist of blind audit samples supplied by an accredited audit sample provider and analyzed during the performance test in order to provide a measure of test data bias. Gaseous audit samples are designed to audit the performance of the sampling system as well as the analytical system and must be collected by the sampling system during the compliance test just as the compliance samples are collected. If a liquid or solid audit sample is designed to audit the sampling system, it must also be collected by the sampling system during the compliance test. If multiple sampling systems or sampling trains are used during the compliance test for any of the test methods, the tester is only required to use one of the sampling systems per method to collect the audit sample. The audit sample must be analyzed by the same analyst using the same analytical reagents and analytical system and at the same time as the compliance samples. Retests are required when there is a failure to produce acceptable results for an audit sample. However, if the audit results do not affect the compliance or noncompliance status of the affected facility, the compliance authority may waive the reanalysis requirement, further audits, or retests and accept the results of the compliance test. Acceptance of the test results shall constitute a waiver of the reanalysis requirement, further audits, or retests. The compliance authority may also use the audit sample failure and the compliance test results as evidence to determine the compliance or noncompliance status of the affected facility. A blind audit sample is a sample whose value is known only to the sample provider and is not revealed to the tested facility until after they report the measured value of the audit sample. For pollutants that exist in the gas phase at ambient temperature, the audit sample shall consist of an appropriate concentration of the pollutant in air or nitrogen that can be introduced into the sampling system of the test method at or near the same entry point as a sample from the emission source. If no gas phase audit samples are available, an acceptable alternative is a sample of the pollutant in the same matrix that would be produced when the sample is recovered from the sampling system as required by the test method. For samples that exist only in a liquid or solid form at ambient temperature, the audit sample shall consist of an appropriate concentration of the pollutant in the same matrix that would be produced when the sample is recovered from the sampling system as required by the test method. An accredited audit sample provider (AASP) is an organization that has been accredited to prepare audit samples by an independent, third party accrediting body.

              (A) The source owner, operator, or representative of the tested facility shall obtain an audit sample, if commercially available, from an AASP for each test method used for regulatory compliance purposes. No audit samples are required for the following test methods: Methods 3A and 3C of appendix A-3 of part 60 of this chapter; Methods 6C, 7E, 9, and 10 of appendix A-4 of part 60; Methods 18 and 19 of appendix A-6 of part 60; Methods 20, 22, and 25A of appendix A-7 of part 60; Methods 30A and 30B of appendix A-8 of part 60; and Methods 303, 318, 320, and 321 of appendix A of this part. If multiple sources at a single facility are tested during a compliance test event, only one audit sample is required for each method used during a compliance test. The compliance authority responsible for the compliance test may waive the requirement to include an audit sample if they believe that an audit sample is not necessary. “Commercially available” means that two or more independent AASPs have blind audit samples available for purchase. If the source owner, operator, or representative cannot find an audit sample for a specific method, the owner, operator, or representative shall consult the EPA Web site at the following URL, www.epa.gov/ttn/emc, to confirm whether there is a source that can supply an audit sample for that method. If the EPA Web site does not list an available audit sample at least 60 days prior to the beginning of the compliance test, the source owner, operator, or representative shall not be required to include an audit sample as part of the quality assurance program for the compliance test. When ordering an audit sample, the source owner, operator, or representative shall give the sample provider an estimate for the concentration of each pollutant that is emitted by the source or the estimated concentration of each pollutant based on the permitted level and the name, address, and phone number of the compliance authority. The source owner, operator, or representative shall report the results for the audit sample along with a summary of the emission test results for the audited pollutant to the compliance authority and shall report the results of the audit sample to the AASP. The source owner, operator, or representative shall make both reports at the same time and in the same manner or shall report to the compliance authority first and then report to the AASP. If the method being audited is a method that allows the samples to be analyzed in the field and the tester plans to analyze the samples in the field, the tester may analyze the audit samples prior to collecting the emission samples provided a representative of the compliance authority is present at the testing site. The tester may request, and the compliance authority may grant, a waiver to the requirement that a representative of the compliance authority must be present at the testing site during the field analysis of an audit sample. The source owner, operator, or representative may report the results of the audit sample to the compliance authority and then report the results of the audit sample to the AASP prior to collecting any emission samples. The test protocol and final test report shall document whether an audit sample was ordered and utilized and the pass/fail results as applicable.
              (B) An AASP shall have and shall prepare, analyze, and report the true value of audit samples in accordance with a written technical criteria document that describes how audit samples will be prepared and distributed in a manner that will ensure the integrity of the audit sample program. An acceptable technical criteria document shall contain standard operating procedures for all of the following operations:
              (1) Preparing the sample;
              (2) Confirming the true concentration of the sample;
              (3) Defining the acceptance limits for the results from a well qualified tester. This procedure must use well established statistical methods to analyze historical results from well qualified testers. The acceptance limits shall be set so that there is 95 percent confidence that 90 percent of well qualified labs will produce future results that are within the acceptance limit range;
              (4) Providing the opportunity for the compliance authority to comment on the selected concentration level for an audit sample;
              (5) Distributing the sample to the user in a manner that guarantees that the true value of the sample is unknown to the user;
              (6) Recording the measured concentration reported by the user and determining if the measured value is within acceptable limits;
              (7) Reporting the results from each audit sample in a timely manner to the compliance authority and to the source owner, operator, or representative by the AASP. The AASP shall make both reports at the same time and in the same manner or shall report to the compliance authority first and then report to the source owner, operator, or representative. The results shall include the name of the facility tested, the date on which the compliance test was conducted, the name of the company performing the sample collection, the name of the company that analyzed the compliance samples including the audit sample, the measured result for the audit sample, and whether the testing company passed or failed the audit. The AASP shall report the true value of the audit sample to the compliance authority. The AASP may report the true value to the source owner, operator, or representative if the AASP's operating plan ensures that no laboratory will receive the same audit sample twice.
              (8) Evaluating the acceptance limits of samples at least once every two years to determine in consultation with the voluntary consensus standard body if they should be changed.
              (9) Maintaining a database, accessible to the compliance authorities, of results from the audit that shall include the name of the facility tested, the date on which the compliance test was conducted, the name of the company performing the sample collection, the name of the company that analyzed the compliance samples including the audit sample, the measured result for the audit sample, the true value of the audit sample, the acceptance range for the measured value, and whether the testing company passed or failed the audit.
              (C) The accrediting body shall have a written technical criteria document that describes how it will ensure that the AASP is operating in accordance with the AASP technical criteria document that describes how audit samples are to be prepared and distributed. This document shall contain standard operating procedures for all of the following operations:
              (1) Checking audit samples to confirm their true value as reported by the AASP.
              (2) Performing technical systems audits of the AASP's facilities and operating procedures at least once every two years.
              (3) Providing standards for use by the voluntary consensus standard body to approve the accrediting body that will accredit the audit sample providers.

              (D) The technical criteria documents for the accredited sample providers and the accrediting body shall be developed through a public process guided by a voluntary consensus standards body (VCSB). The VCSB shall operate in accordance with the procedures and requirements in the Office of Management and Budget Circular A-119. A copy of Circular A-119 is available upon request by writing the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, by calling (202) 395-6880 or downloading online at http://standards.gov/standards_gov/a119.cfm. The VCSB shall approve all accrediting bodies. The Administrator will review all technical criteria documents. If the technical criteria documents do not meet the minimum technical requirements in paragraphs (c)(2)(iii)(B) through (C) of this section, the technical criteria documents are not acceptable and the proposed audit sample program is not capable of producing audit samples of sufficient quality to be used in a compliance test. All acceptable technical criteria documents shall be posted on the EPA Web site at the following URL, http://www.epa.gov/ttn/emc.

              (iv) The owner or operator of an affected source shall submit the site-specific test plan to the Administrator upon the Administrator's request at least 60 calendar days before the performance test is scheduled to take place, that is, simultaneously with the notification of intention to conduct a performance test required under paragraph (b) of this section, or on a mutually agreed upon date.
              (v) The Administrator may request additional relevant information after the submittal of a site-specific test plan.
              (3) Approval of site-specific test plan. (i) The Administrator will notify the owner or operator of approval or intention to deny approval of the site-specific test plan (if review of the site-specific test plan is requested) within 30 calendar days after receipt of the original plan and within 30 calendar days after receipt of any supplementary information that is submitted under paragraph (c)(3)(i)(B) of this section. Before disapproving any site-specific test plan, the Administrator will notify the applicant of the Administrator's intention to disapprove the plan together with—
              (A) Notice of the information and findings on which the intended disapproval is based; and
              (B) Notice of opportunity for the owner or operator to present, within 30 calendar days after he/she is notified of the intended disapproval, additional information to the Administrator before final action on the plan.
              (ii) In the event that the Administrator fails to approve or disapprove the site-specific test plan within the time period specified in paragraph (c)(3)(i) of this section, the following conditions shall apply:
              (A) If the owner or operator intends to demonstrate compliance using the test method(s) specified in the relevant standard or with only minor changes to those tests methods (see paragraph (e)(2)(i) of this section), the owner or operator must conduct the performance test within the time specified in this section using the specified method(s);

              (B) If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard, the owner or operator is authorized to conduct the performance test using an alternative test method after the Administrator approves the use of the alternative method when the Administrator approves the site-specific test plan (if review of the site-specific test plan is requested) or after the alternative method is approved (see paragraph (f) of this section). However, the owner or operator is authorized to conduct the performance test using an alternative method in the absence of notification of approval 45 days after submission of the site-specific test plan or request to use an alternative method. The owner or operator is authorized to conduct the performance test within 60 calendar days after he/she is authorized to demonstrate compliance using an alternative test method. Notwithstanding the requirements in the preceding three sentences, the owner or operator may proceed to conduct the performance test as required in this section (without the Administrator's prior approval of the site-specific test plan) if he/she subsequently chooses to use the specified testing and monitoring methods instead of an alternative.
              (iii) Neither the submission of a site-specific test plan for approval, nor the Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely manner shall—
              (A) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or with any other applicable Federal, State, or local requirement; or
              (B) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act.
              (d) Performance testing facilities. If required to do performance testing, the owner or operator of each new source and, at the request of the Administrator, the owner or operator of each existing source, shall provide performance testing facilities as follows:
              (1) Sampling ports adequate for test methods applicable to such source. This includes:
              (i) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures; and
              (ii) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures;
              (2) Safe sampling platform(s);
              (3) Safe access to sampling platform(s);
              (4) Utilities for sampling and testing equipment; and
              (5) Any other facilities that the Administrator deems necessary for safe and adequate testing of a source.
              (e) Conduct of performance tests. (1) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance (i.e., performance based on normal operating conditions) of the affected source. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test, nor shall emissions in excess of the level of the relevant standard during periods of startup, shutdown, and malfunction be considered a violation of the relevant standard unless otherwise specified in the relevant standard or a determination of noncompliance is made under § 63.6(e). Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.
              (2) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures set forth in this section, in each relevant standard, and, if required, in applicable appendices of parts 51, 60, 61, and 63 of this chapter unless the Administrator—
              (i) Specifies or approves, in specific cases, the use of a test method with minor changes in methodology (see definition in § 63.90(a)). Such changes may be approved in conjunction with approval of the site-specific test plan (see paragraph (c) of this section); or
              (ii) Approves the use of an intermediate or major change or alternative to a test method (see definitions in § 63.90(a)), the results of which the Administrator has determined to be adequate for indicating whether a specific affected source is in compliance; or
              (iii) Approves shorter sampling times or smaller sample volumes when necessitated by process variables or other factors; or
              (iv) Waives the requirement for performance tests because the owner or operator of an affected source has demonstrated by other means to the Administrator's satisfaction that the affected source is in compliance with the relevant standard.
              (3) Unless otherwise specified in a relevant standard or test method, each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the relevant standard. For the purpose of determining compliance with a relevant standard, the arithmetic mean of the results of the three runs shall apply. Upon receiving approval from the Administrator, results of a test run may be replaced with results of an additional test run in the event that—

              (i) A sample is accidentally lost after the testing team leaves the site; or

              (ii) Conditions occur in which one of the three runs must be discontinued because of forced shutdown; or
              (iii) Extreme meteorological conditions occur; or
              (iv) Other circumstances occur that are beyond the owner or operator's control.
              (4) Nothing in paragraphs (e)(1) through (e)(3) of this section shall be construed to abrogate the Administrator's authority to require testing under section 114 of the Act.
              (f) Use of an alternative test method—(1)General. Until authorized to use an intermediate or major change or alternative to a test method, the owner or operator of an affected source remains subject to the requirements of this section and the relevant standard.
              (2) The owner or operator of an affected source required to do performance testing by a relevant standard may use an alternative test method from that specified in the standard provided that the owner or operator—
              (i) Notifies the Administrator of his or her intention to use an alternative test method at least 60 days before the performance test is scheduled to begin;
              (ii) Uses Method 301 in appendix A of this part to validate the alternative test method. This may include the use of specific procedures of Method 301 if use of such procedures are sufficient to validate the alternative test method; and
              (iii) Submits the results of the Method 301 validation process along with the notification of intention and the justification for not using the specified test method. The owner or operator may submit the information required in this paragraph well in advance of the deadline specified in paragraph (f)(2)(i) of this section to ensure a timely review by the Administrator in order to meet the performance test date specified in this section or the relevant standard.
              (3) The Administrator will determine whether the owner or operator's validation of the proposed alternative test method is adequate and issue an approval or disapproval of the alternative test method. If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard, the owner or operator is authorized to conduct the performance test using an alternative test method after the Administrator approves the use of the alternative method. However, the owner or operator is authorized to conduct the performance test using an alternative method in the absence of notification of approval/disapproval 45 days after submission of the request to use an alternative method and the request satisfies the requirements in paragraph (f)(2) of this section. The owner or operator is authorized to conduct the performance test within 60 calendar days after he/she is authorized to demonstrate compliance using an alternative test method. Notwithstanding the requirements in the preceding three sentences, the owner or operator may proceed to conduct the performance test as required in this section (without the Administrator's prior approval of the site-specific test plan) if he/she subsequently chooses to use the specified testing and monitoring methods instead of an alternative.
              (4) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative test method for the purposes of demonstrating compliance with a relevant standard, the Administrator may require the use of a test method specified in a relevant standard.
              (5) If the owner or operator uses an alternative test method for an affected source during a required performance test, the owner or operator of such source shall continue to use the alternative test method for subsequent performance tests at that affected source until he or she receives approval from the Administrator to use another test method as allowed under § 63.7(f).
              (6) Neither the validation and approval process nor the failure to validate an alternative test method shall abrogate the owner or operator's responsibility to comply with the requirements of this part.
              (g) Data analysis, recordkeeping, and reporting. (1) Unless otherwise specified in a relevant standard or test method, or as otherwise approved by the Administrator in writing, results of a performance test shall include the analysis of samples, determination of emissions, and raw data. A performance test is “completed” when field sample collection is terminated. The owner or operator of an affected source shall report the results of the performance test to the Administrator before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Administrator (see § 63.9(i)). The results of the performance test shall be submitted as part of the notification of compliance status required under § 63.9(h). Before a title V permit has been issued to the owner or operator of an affected source, the owner or operator shall send the results of the performance test to the Administrator. After a title V permit has been issued to the owner or operator of an affected source, the owner or operator shall send the results of the performance test to the appropriate permitting authority.
              (2) Contents of a performance test, CMS performance evaluation, or CMS quality assurance test report (electronic or paper submitted copy). Unless otherwise specified in a relevant standard, test method, CMS performance specification, or quality assurance requirement for a CMS, or as otherwise approved by the Administrator in writing, the report shall include the elements identified in paragraphs (g)(2)(i) through (vi) of this section.
              (i) General identification information for the facility including a mailing address, the physical address, the owner or operator or responsible official (where applicable) and his/her email address, and the appropriate Federal Registry System (FRS) number for the facility.
              (ii) Purpose of the test including the applicable regulation requiring the test, the pollutant(s) and other parameters being measured, the applicable emission standard, and any process parameter component, and a brief process description.
              (iii) Description of the emission unit tested including fuel burned, control devices, and vent characteristics; the appropriate source classification code (SCC); the permitted maximum process rate (where applicable); and the sampling location.
              (iv) Description of sampling and analysis procedures used and any modifications to standard procedures, quality assurance procedures and results, record of process operating conditions that demonstrate the applicable test conditions are met, and values for any operating parameters for which limits were being set during the test.
              (v) Where a test method, CEMS, PEMS, or COMS performance specification, or on-going quality assurance requirement for a CEMS, PEMS, or COMS requires you record or report, the following shall be included in your report: Record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, chain-of-custody documentation, and example calculations for reported results.
              (vi) Identification of the company conducting the performance test including the primary office address, telephone number, and the contact for this test including his/her email address.
              (3) For a minimum of 5 years after a performance test is conducted, the owner or operator shall retain and make available, upon request, for inspection by the Administrator the records or results of such performance test and other data needed to determine emissions from an affected source.
              (h) Waiver of performance tests. (1) Until a waiver of a performance testing requirement has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this section.
              (2) Individual performance tests may be waived upon written application to the Administrator if, in the Administrator's judgment, the source is meeting the relevant standard(s) on a continuous basis, or the source is being operated under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request.
              (3) Request to waive a performance test. (i) If a request is made for an extension of compliance under § 63.6(i), the application for a waiver of an initial performance test shall accompany the information required for the request for an extension of compliance. If no extension of compliance is requested or if the owner or operator has requested an extension of compliance and the Administrator is still considering that request, the application for a waiver of an initial performance test shall be submitted at least 60 days before the performance test if the site-specific test plan under paragraph (c) of this section is not submitted.
              (ii) If an application for a waiver of a subsequent performance test is made, the application may accompany any required compliance progress report, compliance status report, or excess emissions and continuous monitoring system performance report [such as those required under § 63.6(i), § 63.9(h), and § 63.10(e) or specified in a relevant standard or in the source's title V permit], but it shall be submitted at least 60 days before the performance test if the site-specific test plan required under paragraph (c) of this section is not submitted.
              (iii) Any application for a waiver of a performance test shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test.
              (4) Approval of request to waive performance test. The Administrator will approve or deny a request for a waiver of a performance test made under paragraph (h)(3) of this section when he/she—
              (i) Approves or denies an extension of compliance under § 63.6(i)(8); or
              (ii) Approves or disapproves a site-specific test plan under § 63.7(c)(3); or
              (iii) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or
              (iv) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable.
              (5) Approval of any waiver granted under this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.
              [59 FR 12430, Mar. 16, 1994, as amended at 65 FR 62215, Oct. 17, 2000; 67 FR 16602, Apr. 5, 2002; 72 FR 27443, May 16, 2007; 75 FR 55655, Sept. 13, 2010; 79 FR 11277, Feb. 27, 2014; 81 FR 59825, Aug. 30, 2016; 83 FR 56725, Nov. 14, 2018]

              § 63.8
              Monitoring requirements.
              (a) Applicability. (1) The applicability of this section is set out in § 63.1(a)(4).
              (2) For the purposes of this part, all CMS required under relevant standards shall be subject to the provisions of this section upon promulgation of performance specifications for CMS as specified in the relevant standard or otherwise by the Administrator.
              (3) [Reserved]
              (4) Additional monitoring requirements for control devices used to comply with provisions in relevant standards of this part are specified in § 63.11.
              (b) Conduct of monitoring. (1) Monitoring shall be conducted as set forth in this section and the relevant standard(s) unless the Administrator—
              (i) Specifies or approves the use of minor changes in methodology for the specified monitoring requirements and procedures (see § 63.90(a) for definition); or
              (ii) Approves the use of an intermediate or major change or alternative to any monitoring requirements or procedures (see § 63.90(a) for definition).
              (iii) Owners or operators with flares subject to § 63.11(b) are not subject to the requirements of this section unless otherwise specified in the relevant standard.
              (2)(i) When the emissions from two or more affected sources are combined before being released to the atmosphere, the owner or operator may install an applicable CMS for each emission stream or for the combined emissions streams, provided the monitoring is sufficient to demonstrate compliance with the relevant standard.

              (ii) If the relevant standard is a mass emission standard and the emissions from one affected source are released to the atmosphere through more than one point, the owner or operator must install an applicable CMS at each emission point unless the installation of fewer systems is—
              (A) Approved by the Administrator; or
              (B) Provided for in a relevant standard (e.g., instead of requiring that a CMS be installed at each emission point before the effluents from those points are channeled to a common control device, the standard specifies that only one CMS is required to be installed at the vent of the control device).
              (3) When more than one CMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CMS. However, when one CMS is used as a backup to another CMS, the owner or operator shall report the results from the CMS used to meet the monitoring requirements of this part. If both such CMS are used during a particular reporting period to meet the monitoring requirements of this part, then the owner or operator shall report the results from each CMS for the relevant compliance period.
              (c) Operation and maintenance of continuous monitoring systems. (1) The owner or operator of an affected source shall maintain and operate each CMS as specified in this section, or in a relevant standard, and in a manner consistent with good air pollution control practices. (i) The owner or operator of an affected source must maintain and operate each CMS as specified in § 63.6(e)(1).
              (ii) The owner or operator must keep the necessary parts for routine repairs of the affected CMS equipment readily available.
              (iii) The owner or operator of an affected source must develop a written startup, shutdown, and malfunction plan for CMS as specified in § 63.6(e)(3).
              (2)(i) All CMS must be installed such that representative measures of emissions or process parameters from the affected source are obtained. In addition, CEMS must be located according to procedures contained in the applicable performance specification(s).
              (ii) Unless the individual subpart states otherwise, the owner or operator must ensure the read out (that portion of the CMS that provides a visual display or record), or other indication of operation, from any CMS required for compliance with the emission standard is readily accessible on site for operational control or inspection by the operator of the equipment.
              (3) All CMS shall be installed, operational, and the data verified as specified in the relevant standard either prior to or in conjunction with conducting performance tests under § 63.7. Verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system.
              (4) Except for system breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level calibration drift adjustments, all CMS, including COMS and CEMS, shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:
              (i) All COMS shall complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period.
              (ii) All CEMS for measuring emissions other than opacity shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.
              (5) Unless otherwise approved by the Administrator, minimum procedures for COMS shall include a method for producing a simulated zero opacity condition and an upscale (high-level) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of all the analyzer's internal optical surfaces and all electronic circuitry, including the lamp and photodetector assembly normally used in the measurement of opacity.

              (6) The owner or operator of a CMS that is not a CPMS, which is installed in accordance with the provisions of this part and the applicable CMS performance specification(s), must check the zero (low-level) and high-level calibration drifts at least once daily in accordance with the written procedure specified in the performance evaluation plan developed under paragraphs (e)(3)(i) and (ii) of this section. The zero (low-level) and high-level calibration drifts must be adjusted, at a minimum, whenever the 24-hour zero (low-level) drift exceeds two times the limits of the applicable performance specification(s) specified in the relevant standard. The system shall allow the amount of excess zero (low-level) and high-level drift measured at the 24-hour interval checks to be recorded and quantified whenever specified. For COMS, all optical and instrumental surfaces exposed to the effluent gases must be cleaned prior to performing the zero (low-level) and high-level drift adjustments; the optical surfaces and instrumental surfaces must be cleaned when the cumulative automatic zero compensation, if applicable, exceeds 4 percent opacity. The CPMS must be calibrated prior to use for the purposes of complying with this section. The CPMS must be checked daily for indication that the system is responding. If the CPMS system includes an internal system check, results must be recorded and checked daily for proper operation.
              (7)(i) A CMS is out of control if—
              (A) The zero (low-level), mid-level (if applicable), or high-level calibration drift (CD) exceeds two times the applicable CD specification in the applicable performance specification or in the relevant standard; or
              (B) The CMS fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit; or
              (C) The COMS CD exceeds two times the limit in the applicable performance specification in the relevant standard.
              (ii) When the CMS is out of control, the owner or operator of the affected source shall take the necessary corrective action and shall repeat all necessary tests which indicate that the system is out of control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour the owner or operator conducts a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this part. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. During the period the CMS is out of control, recorded data shall not be used in data averages and calculations, or to meet any data availability requirement established under this part.
              (8) The owner or operator of a CMS that is out of control as defined in paragraph (c)(7) of this section shall submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken, in the excess emissions and continuous monitoring system performance report required in § 63.10(e)(3).
              (d) Quality control program. (1) The results of the quality control program required in this paragraph will be considered by the Administrator when he/she determines the validity of monitoring data.
              (2) The owner or operator of an affected source that is required to use a CMS and is subject to the monitoring requirements of this section and a relevant standard shall develop and implement a CMS quality control program. As part of the quality control program, the owner or operator shall develop and submit to the Administrator for approval upon request a site-specific performance evaluation test plan for the CMS performance evaluation required in paragraph (e)(3)(i) of this section, according to the procedures specified in paragraph (e). In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the following operations:
              (i) Initial and any subsequent calibration of the CMS;
              (ii) Determination and adjustment of the calibration drift of the CMS;
              (iii) Preventive maintenance of the CMS, including spare parts inventory;
              (iv) Data recording, calculations, and reporting;

              (v) Accuracy audit procedures, including sampling and analysis methods; and

              (vi) Program of corrective action for a malfunctioning CMS.
              (3) The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. Where relevant, e.g., program of corrective action for a malfunctioning CMS, these written procedures may be incorporated as part of the affected source's startup, shutdown, and malfunction plan to avoid duplication of planning and recordkeeping efforts.
              (e) Performance evaluation of continuous monitoring systems—(1) General. When required by a relevant standard, and at any other time the Administrator may require under section 114 of the Act, the owner or operator of an affected source being monitored shall conduct a performance evaluation of the CMS. Such performance evaluation shall be conducted according to the applicable specifications and procedures described in this section or in the relevant standard.
              (2) Notification of performance evaluation. The owner or operator shall notify the Administrator in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under § 63.7(b) or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required.
              (3)(i) Submission of site-specific performance evaluation test plan. Before conducting a required CMS performance evaluation, the owner or operator of an affected source shall develop and submit a site-specific performance evaluation test plan to the Administrator for approval upon request. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external QA program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data.
              (ii) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external QA program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.
              (iii) The owner or operator of an affected source shall submit the site-specific performance evaluation test plan to the Administrator (if requested) at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date, and review and approval of the performance evaluation test plan by the Administrator will occur with the review and approval of the site-specific test plan (if review of the site-specific test plan is requested).
              (iv) The Administrator may request additional relevant information after the submittal of a site-specific performance evaluation test plan.
              (v) In the event that the Administrator fails to approve or disapprove the site-specific performance evaluation test plan within the time period specified in § 63.7(c)(3), the following conditions shall apply:
              (A) If the owner or operator intends to demonstrate compliance using the monitoring method(s) specified in the relevant standard, the owner or operator shall conduct the performance evaluation within the time specified in this subpart using the specified method(s);

              (B) If the owner or operator intends to demonstrate compliance by using an alternative to a monitoring method specified in the relevant standard, the owner or operator shall refrain from conducting the performance evaluation until the Administrator approves the use of the alternative method. If the Administrator does not approve the use of the alternative method within 30 days before the performance evaluation is scheduled to begin, the performance evaluation deadlines specified in paragraph (e)(4) of this section may be extended such that the owner or operator shall conduct the performance evaluation within 60 calendar days after the Administrator approves the use of the alternative method. Notwithstanding the requirements in the preceding two sentences, the owner or operator may proceed to conduct the performance evaluation as required in this section (without the Administrator's prior approval of the site-specific performance evaluation test plan) if he/she subsequently chooses to use the specified monitoring method(s) instead of an alternative.
              (vi) Neither the submission of a site-specific performance evaluation test plan for approval, nor the Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely manner shall—
              (A) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or with any other applicable Federal, State, or local requirement; or
              (B) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act.
              (4) Conduct of performance evaluation and performance evaluation dates. The owner or operator of an affected source shall conduct a performance evaluation of a required CMS during any performance test required under § 63.7 in accordance with the applicable performance specification as specified in the relevant standard. Notwithstanding the requirement in the previous sentence, if the owner or operator of an affected source elects to submit COMS data for compliance with a relevant opacity emission standard as provided under § 63.6(h)(7), he/she shall conduct a performance evaluation of the COMS as specified in the relevant standard, before the performance test required under § 63.7 is conducted in time to submit the results of the performance evaluation as specified in paragraph (e)(5)(ii) of this section. If a performance test is not required, or the requirement for a performance test has been waived under § 63.7(h), the owner or operator of an affected source shall conduct the performance evaluation not later than 180 days after the appropriate compliance date for the affected source, as specified in § 63.7(a), or as otherwise specified in the relevant standard.
              (5) Reporting performance evaluation results. (i) The owner or operator shall furnish the Administrator a copy of a written report of the results of the performance evaluation containing the information specified in § 63.7(g)(2)(i) through (vi) simultaneously with the results of the performance test required under § 63.7 or within 60 days of completion of the performance evaluation, unless otherwise specified in a relevant standard.
              (ii) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under § 63.7 and described in § 63.6(d)(6) shall furnish the Administrator two or, upon request, three copies of a written report of the results of the COMS performance evaluation under this paragraph. The copies shall be provided at least 15 calendar days before the performance test required under § 63.7 is conducted.
              (f) Use of an alternative monitoring method—(1) General. Until permission to use an alternative monitoring procedure (minor, intermediate, or major changes; see definition in § 63.90(a)) has been granted by the Administrator under this paragraph (f)(1), the owner or operator of an affected source remains subject to the requirements of this section and the relevant standard.
              (2) After receipt and consideration of written application, the Administrator may approve alternatives to any monitoring methods or procedures of this part including, but not limited to, the following:
              (i) Alternative monitoring requirements when installation of a CMS specified by a relevant standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases;

              (ii) Alternative monitoring requirements when the affected source is infrequently operated;

              (iii) Alternative monitoring requirements to accommodate CEMS that require additional measurements to correct for stack moisture conditions;
              (iv) Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements;
              (v) Alternate methods for converting pollutant concentration measurements to units of the relevant standard;
              (vi) Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells;
              (vii) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard;
              (viii) Alternative CMS that do not meet the design or performance requirements in this part, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements as specified in the relevant standard. The Administrator may require that such demonstration be performed for each affected source; or
              (ix) Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from two or more affected sources is released to the atmosphere through more than one point.
              (3) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring method, requirement, or procedure, the Administrator may require the use of a method, requirement, or procedure specified in this section or in the relevant standard. If the results of the specified and alternative method, requirement, or procedure do not agree, the results obtained by the specified method, requirement, or procedure shall prevail.
              (4)(i) Request to use alternative monitoring procedure. An owner or operator who wishes to use an alternative monitoring procedure must submit an application to the Administrator as described in paragraph (f)(4)(ii) of this section. The application may be submitted at any time provided that the monitoring procedure is not the performance test method used to demonstrate compliance with a relevant standard or other requirement. If the alternative monitoring procedure will serve as the performance test method that is to be used to demonstrate compliance with a relevant standard, the application must be submitted at least 60 days before the performance evaluation is scheduled to begin and must meet the requirements for an alternative test method under § 63.7(f).
              (ii) The application must contain a description of the proposed alternative monitoring system which addresses the four elements contained in the definition of monitoring in § 63.2 and a performance evaluation test plan, if required, as specified in paragraph (e)(3) of this section. In addition, the application must include information justifying the owner or operator's request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method.
              (iii) The owner or operator may submit the information required in this paragraph well in advance of the submittal dates specified in paragraph (f)(4)(i) above to ensure a timely review by the Administrator in order to meet the compliance demonstration date specified in this section or the relevant standard.
              (iv) Application for minor changes to monitoring procedures, as specified in paragraph (b)(1) of this section, may be made in the site-specific performance evaluation plan.
              (5) Approval of request to use alternative monitoring procedure. (i) The Administrator will notify the owner or operator of approval or intention to deny approval of the request to use an alternative monitoring method within 30 calendar days after receipt of the original request and within 30 calendar days after receipt of any supplementary information that is submitted. If a request for a minor change is made in conjunction with site-specific performance evaluation plan, then approval of the plan will constitute approval of the minor change. Before disapproving any request to use an alternative monitoring method, the Administrator will notify the applicant of the Administrator's intention to disapprove the request together with—
              (A) Notice of the information and findings on which the intended disapproval is based; and
              (B) Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of his or her intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information.
              (ii) The Administrator may establish general procedures and criteria in a relevant standard to accomplish the requirements of paragraph (f)(5)(i) of this section.
              (iii) If the Administrator approves the use of an alternative monitoring method for an affected source under paragraph (f)(5)(i) of this section, the owner or operator of such source shall continue to use the alternative monitoring method until he or she receives approval from the Administrator to use another monitoring method as allowed by § 63.8(f).
              (6) Alternative to the relative accuracy test. An alternative to the relative accuracy test for CEMS specified in a relevant standard may be requested as follows:
              (i) Criteria for approval of alternative procedures. An alternative to the test method for determining relative accuracy is available for affected sources with emission rates demonstrated to be less than 50 percent of the relevant standard. The owner or operator of an affected source may petition the Administrator under paragraph (f)(6)(ii) of this section to substitute the relative accuracy test in section 7 of Performance Specification 2 with the procedures in section 10 if the results of a performance test conducted according to the requirements in § 63.7, or other tests performed following the criteria in § 63.7, demonstrate that the emission rate of the pollutant of interest in the units of the relevant standard is less than 50 percent of the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the owner or operator may petition the Administrator to substitute the relative accuracy test with the procedures in section 10 of Performance Specification 2 if the control device exhaust emission rate is less than 50 percent of the level needed to meet the control efficiency requirement. The alternative procedures do not apply if the CEMS is used continuously to determine compliance with the relevant standard.
              (ii) Petition to use alternative to relative accuracy test. The petition to use an alternative to the relative accuracy test shall include a detailed description of the procedures to be applied, the location and the procedure for conducting the alternative, the concentration or response levels of the alternative relative accuracy materials, and the other equipment checks included in the alternative procedure(s). The Administrator will review the petition for completeness and applicability. The Administrator's determination to approve an alternative will depend on the intended use of the CEMS data and may require specifications more stringent than in Performance Specification 2.
              (iii) Rescission of approval to use alternative to relative accuracy test. The Administrator will review the permission to use an alternative to the CEMS relative accuracy test and may rescind such permission if the CEMS data from a successful completion of the alternative relative accuracy procedure indicate that the affected source's emissions are approaching the level of the relevant standard. The criterion for reviewing the permission is that the collection of CEMS data shows that emissions have exceeded 70 percent of the relevant standard for any averaging period, as specified in the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the criterion for reviewing the permission is that the collection of CEMS data shows that exhaust emissions have exceeded 70 percent of the level needed to meet the control efficiency requirement for any averaging period, as specified in the relevant standard. The owner or operator of the affected source shall maintain records and determine the level of emissions relative to the criterion for permission to use an alternative for relative accuracy testing. If this criterion is exceeded, the owner or operator shall notify the Administrator within 10 days of such occurrence and include a description of the nature and cause of the increased emissions. The Administrator will review the notification and may rescind permission to use an alternative and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in section 7 of Performance Specification 2. The Administrator will review the notification and may rescind permission to use an alternative and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in section 8.4 of Performance Specification 2.
              (g) Reduction of monitoring data. (1) The owner or operator of each CMS must reduce the monitoring data as specified in paragraphs (g)(1) through (5) of this section.
              (2) The owner or operator of each COMS shall reduce all data to 6-minute averages calculated from 36 or more data points equally spaced over each 6-minute period. Data from CEMS for measurement other than opacity, unless otherwise specified in the relevant standard, shall be reduced to 1-hour averages computed from four or more data points equally spaced over each 1-hour period, except during periods when calibration, quality assurance, or maintenance activities pursuant to provisions of this part are being performed. During these periods, a valid hourly average shall consist of at least two data points with each representing a 15-minute period. Alternatively, an arithmetic or integrated 1-hour average of CEMS data may be used. Time periods for averaging are defined in § 63.2.

              (3) The data may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O2 or ng/J of pollutant).
              (4) All emission data shall be converted into units of the relevant standard for reporting purposes using the conversion procedures specified in that standard. After conversion into units of the relevant standard, the data may be rounded to the same number of significant digits as used in that standard to specify the emission limit (e.g., rounded to the nearest 1 percent opacity).
              (5) Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level adjustments must not be included in any data average computed under this part. For the owner or operator complying with the requirements of § 63.10(b)(2)(vii)(A) or (B), data averages must include any data recorded during periods of monitor breakdown or malfunction.
              [59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 FR 16603, Apr. 5, 2002; 71 FR 20455, Apr. 20, 2006; 79 FR 11277, Feb. 27, 2014; 83 FR 56725, Nov. 14, 2018]

              § 63.9
              Notification requirements.
              (a) Applicability and general information. (1) The applicability of this section is set out in § 63.1(a)(4).
              (2) For affected sources that have been granted an extension of compliance under subpart D of this part, the requirements of this section do not apply to those sources while they are operating under such compliance extensions.
              (3) If any State requires a notice that contains all the information required in a notification listed in this section, the owner or operator may send the Administrator a copy of the notice sent to the State to satisfy the requirements of this section for that notification.

              (4)(i) Before a State has been delegated the authority to implement and enforce notification requirements established under this part, the owner or operator of an affected source in such State subject to such requirements shall submit notifications to the appropriate Regional Office of the EPA (to the attention of the Director of the Division indicated in the list of the EPA Regional Offices in § 63.13).

              (ii) After a State has been delegated the authority to implement and enforce notification requirements established under this part, the owner or operator of an affected source in such State subject to such requirements shall submit notifications to the delegated State authority (which may be the same as the permitting authority). In addition, if the delegated (permitting) authority is the State, the owner or operator shall send a copy of each notification submitted to the State to the appropriate Regional Office of the EPA, as specified in paragraph (a)(4)(i) of this section. The Regional Office may waive this requirement for any notifications at its discretion.
              (b) Initial notifications. (1)(i) The requirements of this paragraph apply to the owner or operator of an affected source when such source becomes subject to a relevant standard.
              (ii) If an area source that otherwise would be subject to an emission standard or other requirement established under this part if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source shall be subject to the notification requirements of this section.
              (iii) Affected sources that are required under this paragraph to submit an initial notification may use the application for approval of construction or reconstruction under § 63.5(d) of this subpart, if relevant, to fulfill the initial notification requirements of this paragraph.
              (2) The owner or operator of an affected source that has an initial startup before the effective date of a relevant standard under this part shall notify the Administrator in writing that the source is subject to the relevant standard. The notification, which shall be submitted not later than 120 calendar days after the effective date of the relevant standard (or within 120 calendar days after the source becomes subject to the relevant standard), shall provide the following information:
              (i) The name and address of the owner or operator;
              (ii) The address (i.e., physical location) of the affected source;
              (iii) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date;
              (iv) A brief description of the nature, size, design, and method of operation of the source and an identification of the types of emission points within the affected source subject to the relevant standard and types of hazardous air pollutants emitted; and
              (v) A statement of whether the affected source is a major source or an area source.
              (3) [Reserved]
              (4) The owner or operator of a new or reconstructed major affected source for which an application for approval of construction or reconstruction is required under § 63.5(d) must provide the following information in writing to the Administrator:
              (i) A notification of intention to construct a new major-emitting affected source, reconstruct a major-emitting affected source, or reconstruct a major source such that the source becomes a major-emitting affected source with the application for approval of construction or reconstruction as specified in § 63.5(d)(1)(i); and
              (ii)-(iv) [Reserved]
              (v) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.
              (5) The owner or operator of a new or reconstructed affected source for which an application for approval of construction or reconstruction is not required under § 63.5(d) must provide the following information in writing to the Administrator:
              (i) A notification of intention to construct a new affected source, reconstruct an affected source, or reconstruct a source such that the source becomes an affected source, and
              (ii) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.

              (iii) Unless the owner or operator has requested and received prior permission from the Administrator to submit less than the information in § 63.5(d), the notification must include the information required on the application for approval of construction or reconstruction as specified in § 63.5(d)(1)(i).
              (c) Request for extension of compliance. If the owner or operator of an affected source cannot comply with a relevant standard by the applicable compliance date for that source, or if the owner or operator has installed BACT or technology to meet LAER consistent with § 63.6(i)(5) of this subpart, he/she may submit to the Administrator (or the State with an approved permit program) a request for an extension of compliance as specified in § 63.6(i)(4) through § 63.6(i)(6).
              (d) Notification that source is subject to special compliance requirements. An owner or operator of a new source that is subject to special compliance requirements as specified in § 63.6(b)(3) and § 63.6(b)(4) shall notify the Administrator of his/her compliance obligations not later than the notification dates established in paragraph (b) of this section for new sources that are not subject to the special provisions.
              (e) Notification of performance test. The owner or operator of an affected source shall notify the Administrator in writing of his or her intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin to allow the Administrator to review and approve the site-specific test plan required under § 63.7(c), if requested by the Administrator, and to have an observer present during the test.
              (f) Notification of opacity and visible emission observations. The owner or operator of an affected source shall notify the Administrator in writing of the anticipated date for conducting the opacity or visible emission observations specified in § 63.6(h)(5), if such observations are required for the source by a relevant standard. The notification shall be submitted with the notification of the performance test date, as specified in paragraph (e) of this section, or if no performance test is required or visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under § 63.7, the owner or operator shall deliver or postmark the notification not less than 30 days before the opacity or visible emission observations are scheduled to take place.
              (g) Additional notification requirements for sources with continuous monitoring systems. The owner or operator of an affected source required to use a CMS by a relevant standard shall furnish the Administrator written notification as follows:
              (1) A notification of the date the CMS performance evaluation under § 63.8(e) is scheduled to begin, submitted simultaneously with the notification of the performance test date required under § 63.7(b). If no performance test is required, or if the requirement to conduct a performance test has been waived for an affected source under § 63.7(h), the owner or operator shall notify the Administrator in writing of the date of the performance evaluation at least 60 calendar days before the evaluation is scheduled to begin;
              (2) A notification that COMS data results will be used to determine compliance with the applicable opacity emission standard during a performance test required by § 63.7 in lieu of Method 9 or other opacity emissions test method data, as allowed by § 63.6(h)(7)(ii), if compliance with an opacity emission standard is required for the source by a relevant standard. The notification shall be submitted at least 60 calendar days before the performance test is scheduled to begin; and
              (3) A notification that the criterion necessary to continue use of an alternative to relative accuracy testing, as provided by § 63.8(f)(6), has been exceeded. The notification shall be delivered or postmarked not later than 10 days after the occurrence of such exceedance, and it shall include a description of the nature and cause of the increased emissions.
              (h) Notification of compliance status. (1) The requirements of paragraphs (h)(2) through (h)(4) of this section apply when an affected source becomes subject to a relevant standard.

              (2)(i) Before a title V permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this part, the owner or operator of such source shall submit to the Administrator a notification of compliance status, signed by the responsible official who shall certify its accuracy, attesting to whether the source has complied with the relevant standard. The notification shall list—
              (A) The methods that were used to determine compliance;
              (B) The results of any performance tests, opacity or visible emission observations, continuous monitoring system (CMS) performance evaluations, and/or other monitoring procedures or methods that were conducted;
              (C) The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods;
              (D) The type and quantity of hazardous air pollutants emitted by the source (or surrogate pollutants if specified in the relevant standard), reported in units and averaging times and in accordance with the test methods specified in the relevant standard;
              (E) If the relevant standard applies to both major and area sources, an analysis demonstrating whether the affected source is a major source (using the emissions data generated for this notification);
              (F) A description of the air pollution control equipment (or method) for each emission point, including each control device (or method) for each hazardous air pollutant and the control efficiency (percent) for each control device (or method); and
              (G) A statement by the owner or operator of the affected existing, new, or reconstructed source as to whether the source has complied with the relevant standard or other requirements.
              (ii) The notification must be sent before the close of business on the 60th day following the completion of the relevant compliance demonstration activity specified in the relevant standard (unless a different reporting period is specified in the standard, in which case the letter must be sent before the close of business on the day the report of the relevant testing or monitoring results is required to be delivered or postmarked). For example, the notification shall be sent before close of business on the 60th (or other required) day following completion of the initial performance test and again before the close of business on the 60th (or other required) day following the completion of any subsequent required performance test. If no performance test is required but opacity or visible emission observations are required to demonstrate compliance with an opacity or visible emission standard under this part, the notification of compliance status shall be sent before close of business on the 30th day following the completion of opacity or visible emission observations. Notifications may be combined as long as the due date requirement for each notification is met.
              (3) After a title V permit has been issued to the owner or operator of an affected source, the owner or operator of such source shall comply with all requirements for compliance status reports contained in the source's title V permit, including reports required under this part. After a title V permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this part, the owner or operator of such source shall submit the notification of compliance status to the appropriate permitting authority following completion of the relevant compliance demonstration activity specified in the relevant standard.
              (4) [Reserved]
              (5) If an owner or operator of an affected source submits estimates or preliminary information in the application for approval of construction or reconstruction required in § 63.5(d) in place of the actual emissions data or control efficiencies required in paragraphs (d)(1)(ii)(H) and (d)(2) of § 63.5, the owner or operator shall submit the actual emissions data and other correct information as soon as available but no later than with the initial notification of compliance status required in this section.
              (6) Advice on a notification of compliance status may be obtained from the Administrator.
              (i) Adjustment to time periods or postmark deadlines for submittal and review of required communications. (1)(i) Until an adjustment of a time period or postmark deadline has been approved by the Administrator under paragraphs (i)(2) and (i)(3) of this section, the owner or operator of an affected source remains strictly subject to the requirements of this part.
              (ii) An owner or operator shall request the adjustment provided for in paragraphs (i)(2) and (i)(3) of this section each time he or she wishes to change an applicable time period or postmark deadline specified in this part.
              (2) Notwithstanding time periods or postmark deadlines specified in this part for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. An owner or operator who wishes to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information he or she considers useful to convince the Administrator that an adjustment is warranted.
              (3) If, in the Administrator's judgment, an owner or operator's request for an adjustment to a particular time period or postmark deadline is warranted, the Administrator will approve the adjustment. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.
              (4) If the Administrator is unable to meet a specified deadline, he or she will notify the owner or operator of any significant delay and inform the owner or operator of the amended schedule.
              (j) Change in information already provided. Any change in the information already provided under this section shall be provided to the Administrator in writing within 15 calendar days after the change.
              [59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003]

              § 63.10
              Recordkeeping and reporting requirements.
              (a) Applicability and general information. (1) The applicability of this section is set out in § 63.1(a)(4).
              (2) For affected sources that have been granted an extension of compliance under subpart D of this part, the requirements of this section do not apply to those sources while they are operating under such compliance extensions.
              (3) If any State requires a report that contains all the information required in a report listed in this section, an owner or operator may send the Administrator a copy of the report sent to the State to satisfy the requirements of this section for that report.
              (4)(i) Before a State has been delegated the authority to implement and enforce recordkeeping and reporting requirements established under this part, the owner or operator of an affected source in such State subject to such requirements shall submit reports to the appropriate Regional Office of the EPA (to the attention of the Director of the Division indicated in the list of the EPA Regional Offices in § 63.13).
              (ii) After a State has been delegated the authority to implement and enforce recordkeeping and reporting requirements established under this part, the owner or operator of an affected source in such State subject to such requirements shall submit reports to the delegated State authority (which may be the same as the permitting authority). In addition, if the delegated (permitting) authority is the State, the owner or operator shall send a copy of each report submitted to the State to the appropriate Regional Office of the EPA, as specified in paragraph (a)(4)(i) of this section. The Regional Office may waive this requirement for any reports at its discretion.

              (5) If an owner or operator of an affected source in a State with delegated authority is required to submit periodic reports under this part to the State, and if the State has an established timeline for the submission of periodic reports that is consistent with the reporting frequency(ies) specified for such source under this part, the owner or operator may change the dates by which periodic reports under this part shall be submitted (without changing the frequency of reporting) to be consistent with the State's schedule by mutual agreement between the owner or operator and the State. For each relevant standard established pursuant to section 112 of the Act, the allowance in the previous sentence applies in each State beginning 1 year after the affected source's compliance date for that standard. Procedures governing the implementation of this provision are specified in § 63.9(i).
              (6) If an owner or operator supervises one or more stationary sources affected by more than one standard established pursuant to section 112 of the Act, he/she may arrange by mutual agreement between the owner or operator and the Administrator (or the State permitting authority) a common schedule on which periodic reports required for each source shall be submitted throughout the year. The allowance in the previous sentence applies in each State beginning 1 year after the latest compliance date for any relevant standard established pursuant to section 112 of the Act for any such affected source(s). Procedures governing the implementation of this provision are specified in § 63.9(i).
              (7) If an owner or operator supervises one or more stationary sources affected by standards established pursuant to section 112 of the Act (as amended November 15, 1990) and standards set under part 60, part 61, or both such parts of this chapter, he/she may arrange by mutual agreement between the owner or operator and the Administrator (or the State permitting authority) a common schedule on which periodic reports required by each relevant (i.e., applicable) standard shall be submitted throughout the year. The allowance in the previous sentence applies in each State beginning 1 year after the stationary source is required to be in compliance with the relevant section 112 standard, or 1 year after the stationary source is required to be in compliance with the applicable part 60 or part 61 standard, whichever is latest. Procedures governing the implementation of this provision are specified in § 63.9(i).
              (b) General recordkeeping requirements. (1) The owner or operator of an affected source subject to the provisions of this part shall maintain files of all information (including all reports and notifications) required by this part recorded in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche.
              (2) The owner or operator of an affected source subject to the provisions of this part shall maintain relevant records for such source of—
              (i) The occurrence and duration of each startup or shutdown when the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards;
              (ii) The occurrence and duration of each malfunction of operation (i.e., process equipment) or the required air pollution control and monitoring equipment;
              (iii) All required maintenance performed on the air pollution control and monitoring equipment;
              (iv)(A) Actions taken during periods of startup or shutdown when the source exceeded applicable emission limitations in a relevant standard and when the actions taken are different from the procedures specified in the affected source's startup, shutdown, and malfunction plan (see § 63.6(e)(3)); or
              (B) Actions taken during periods of malfunction (including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation) when the actions taken are different from the procedures specified in the affected source's startup, shutdown, and malfunction plan (see § 63.6(e)(3));

              (v) All information necessary, including actions taken, to demonstrate conformance with the affected source's startup, shutdown, and malfunction plan (see § 63.6(e)(3)) when all actions taken during periods of startup or shutdown (and the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards), and malfunction (including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation) are consistent with the procedures specified in such plan. (The information needed to demonstrate conformance with the startup, shutdown, and malfunction plan may be recorded using a “checklist,” or some other effective form of recordkeeping, in order to minimize the recordkeeping burden for conforming events);
              (vi) Each period during which a CMS is malfunctioning or inoperative (including out-of-control periods);
              (vii) All required measurements needed to demonstrate compliance with a relevant standard (including, but not limited to, 15-minute averages of CMS data, raw performance testing measurements, and raw performance evaluation measurements, that support data that the source is required to report);
              (A) This paragraph applies to owners or operators required to install a continuous emissions monitoring system (CEMS) where the CEMS installed is automated, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction. An automated CEMS records and reduces the measured data to the form of the pollutant emission standard through the use of a computerized data acquisition system. In lieu of maintaining a file of all CEMS subhourly measurements as required under paragraph (b)(2)(vii) of this section, the owner or operator shall retain the most recent consecutive three averaging periods of subhourly measurements and a file that contains a hard copy of the data acquisition system algorithm used to reduce the measured data into the reportable form of the standard.
              (B) This paragraph applies to owners or operators required to install a CEMS where the measured data is manually reduced to obtain the reportable form of the standard, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction. In lieu of maintaining a file of all CEMS subhourly measurements as required under paragraph (b)(2)(vii) of this section, the owner or operator shall retain all subhourly measurements for the most recent reporting period. The subhourly measurements shall be retained for 120 days from the date of the most recent summary or excess emission report submitted to the Administrator.
              (C) The Administrator or delegated authority, upon notification to the source, may require the owner or operator to maintain all measurements as required by paragraph (b)(2)(vii), if the administrator or the delegated authority determines these records are required to more accurately assess the compliance status of the affected source.
              (viii) All results of performance tests, CMS performance evaluations, and opacity and visible emission observations;
              (ix) All measurements as may be necessary to determine the conditions of performance tests and performance evaluations;
              (x) All CMS calibration checks;
              (xi) All adjustments and maintenance performed on CMS;
              (xii) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements under this part, if the source has been granted a waiver under paragraph (f) of this section;
              (xiii) All emission levels relative to the criterion for obtaining permission to use an alternative to the relative accuracy test, if the source has been granted such permission under § 63.8(f)(6); and
              (xiv) All documentation supporting initial notifications and notifications of compliance status under § 63.9.
              (3) Recordkeeping requirement for applicability determinations. If an owner or operator determines that his or her stationary source that emits (or has the potential to emit, without considering controls) one or more hazardous air pollutants regulated by any standard established pursuant to section 112(d) or (f), and that stationary source is in the source category regulated by the relevant standard, but that source is not subject to the relevant standard (or other requirement established under this part) because of limitations on the source's potential to emit or an exclusion, the owner or operator must keep a record of the applicability determination on site at the source for a period of 5 years after the determination, or until the source changes its operations to become an affected source, whichever comes first. The record of the applicability determination must be signed by the person making the determination and include an analysis (or other information) that demonstrates why the owner or operator believes the source is unaffected (e.g., because the source is an area source). The analysis (or other information) must be sufficiently detailed to allow the Administrator to make a finding about the source's applicability status with regard to the relevant standard or other requirement. If relevant, the analysis must be performed in accordance with requirements established in relevant subparts of this part for this purpose for particular categories of stationary sources. If relevant, the analysis should be performed in accordance with EPA guidance materials published to assist sources in making applicability determinations under section 112, if any. The requirements to determine applicability of a standard under § 63.1(b)(3) and to record the results of that determination under paragraph (b)(3) of this section shall not by themselves create an obligation for the owner or operator to obtain a title V permit.
              (c) Additional recordkeeping requirements for sources with continuous monitoring systems. In addition to complying with the requirements specified in paragraphs (b)(1) and (b)(2) of this section, the owner or operator of an affected source required to install a CMS by a relevant standard shall maintain records for such source of—
              (1) All required CMS measurements (including monitoring data recorded during unavoidable CMS breakdowns and out-of-control periods);
              (2)-(4) [Reserved]
              (5) The date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks;
              (6) The date and time identifying each period during which the CMS was out of control, as defined in § 63.8(c)(7);
              (7) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs during startups, shutdowns, and malfunctions of the affected source;
              (8) The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs during periods other than startups, shutdowns, and malfunctions of the affected source;
              (9) [Reserved]
              (10) The nature and cause of any malfunction (if known);
              (11) The corrective action taken or preventive measures adopted;
              (12) The nature of the repairs or adjustments to the CMS that was inoperative or out of control;
              (13) The total process operating time during the reporting period; and
              (14) All procedures that are part of a quality control program developed and implemented for CMS under § 63.8(d).
              (15) In order to satisfy the requirements of paragraphs (c)(10) through (c)(12) of this section and to avoid duplicative recordkeeping efforts, the owner or operator may use the affected source's startup, shutdown, and malfunction plan or records kept to satisfy the recordkeeping requirements of the startup, shutdown, and malfunction plan specified in § 63.6(e), provided that such plan and records adequately address the requirements of paragraphs (c)(10) through (c)(12).
              (d) General reporting requirements. (1) Notwithstanding the requirements in this paragraph or paragraph (e) of this section, and except as provided in § 63.16, the owner or operator of an affected source subject to reporting requirements under this part shall submit reports to the Administrator in accordance with the reporting requirements in the relevant standard(s).
              (2) Reporting results of performance tests. Before a title V permit has been issued to the owner or operator of an affected source, the owner or operator shall report the results of any performance test under § 63.7 to the Administrator. After a title V permit has been issued to the owner or operator of an affected source, the owner or operator shall report the results of a required performance test to the appropriate permitting authority. The owner or operator of an affected source shall report the results of the performance test to the Administrator (or the State with an approved permit program) before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Administrator. The results of the performance test shall be submitted as part of the notification of compliance status required under § 63.9(h).
              (3) Reporting results of opacity or visible emission observations. The owner or operator of an affected source required to conduct opacity or visible emission observations by a relevant standard shall report the opacity or visible emission results (produced using Test Method 9 or Test Method 22, or an alternative to these test methods) along with the results of the performance test required under § 63.7. If no performance test is required, or if visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the performance test required under § 63.7, the owner or operator shall report the opacity or visible emission results before the close of business on the 30th day following the completion of the opacity or visible emission observations.
              (4) Progress reports. The owner or operator of an affected source who is required to submit progress reports as a condition of receiving an extension of compliance under § 63.6(i) shall submit such reports to the Administrator (or the State with an approved permit program) by the dates specified in the written extension of compliance.
              (5)(i) Periodic startup, shutdown, and malfunction reports. If actions taken by an owner or operator during a startup or shutdown (and the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards), or malfunction of an affected source (including actions taken to correct a malfunction) are consistent with the procedures specified in the source's startup, shutdown, and malfunction plan (see § 63.6(e)(3)), the owner or operator shall state such information in a startup, shutdown, and malfunction report. Actions taken to minimize emissions during such startups, shutdowns, and malfunctions shall be summarized in the report and may be done in checklist form; if actions taken are the same for each event, only one checklist is necessary. Such a report shall also include the number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. Reports shall only be required if a startup or shutdown caused the source to exceed any applicable emission limitation in the relevant emission standards, or if a malfunction occurred during the reporting period. The startup, shutdown, and malfunction report shall consist of a letter, containing the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, that shall be submitted to the Administrator semiannually (or on a more frequent basis if specified otherwise in a relevant standard or as established otherwise by the permitting authority in the source's title V permit). The startup, shutdown, and malfunction report shall be delivered or postmarked by the 30th day following the end of each calendar half (or other calendar reporting period, as appropriate). If the owner or operator is required to submit excess emissions and continuous monitoring system performance (or other periodic) reports under this part, the startup, shutdown, and malfunction reports required under this paragraph may be submitted simultaneously with the excess emissions and continuous monitoring system performance (or other) reports. If startup, shutdown, and malfunction reports are submitted with excess emissions and continuous monitoring system performance (or other periodic) reports, and the owner or operator receives approval to reduce the frequency of reporting for the latter under paragraph (e) of this section, the frequency of reporting for the startup, shutdown, and malfunction reports also may be reduced if the Administrator does not object to the intended change. The procedures to implement the allowance in the preceding sentence shall be the same as the procedures specified in paragraph (e)(3) of this section.
              (ii) Immediate startup, shutdown, and malfunction reports. Notwithstanding the allowance to reduce the frequency of reporting for periodic startup, shutdown, and malfunction reports under paragraph (d)(5)(i) of this section, any time an action taken by an owner or operator during a startup or shutdown that caused the source to exceed any applicable emission limitation in the relevant emission standards, or malfunction (including actions taken to correct a malfunction) is not consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, the owner or operator shall report the actions taken for that event within 2 working days after commencing actions inconsistent with the plan followed by a letter within 7 working days after the end of the event. The immediate report required under this paragraph (d)(5)(ii) shall consist of a telephone call (or facsimile (FAX) transmission) to the Administrator within 2 working days after commencing actions inconsistent with the plan, and it shall be followed by a letter, delivered or postmarked within 7 working days after the end of the event, that contains the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, explaining the circumstances of the event, the reasons for not following the startup, shutdown, and malfunction plan, describing all excess emissions and/or parameter monitoring exceedances which are believed to have occurred (or could have occurred in the case of malfunctions), and actions taken to minimize emissions in conformance with § 63.6(e)(1)(i). Notwithstanding the requirements of the previous sentence, after the effective date of an approved permit program in the State in which an affected source is located, the owner or operator may make alternative reporting arrangements, in advance, with the permitting authority in that State. Procedures governing the arrangement of alternative reporting requirements under this paragraph (d)(5)(ii) are specified in § 63.9(i).
              (e) Additional reporting requirements for sources with continuous monitoring systems—(1) General. When more than one CEMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CEMS.
              (2) Reporting results of continuous monitoring system performance evaluations. (i) The owner or operator of an affected source required to install a CMS by a relevant standard shall furnish the Administrator a copy of a written report of the results of the CMS performance evaluation, as required under § 63.8(e), simultaneously with the results of the performance test required under § 63.7, unless otherwise specified in the relevant standard.
              (ii) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under § 63.7 and described in § 63.6(d)(6) shall furnish the Administrator two or, upon request, three copies of a written report of the results of the COMS performance evaluation conducted under § 63.8(e). The copies shall be furnished at least 15 calendar days before the performance test required under § 63.7 is conducted.
              (3) Excess emissions and continuous monitoring system performance report and summary report. (i) Excess emissions and parameter monitoring exceedances are defined in relevant standards. The owner or operator of an affected source required to install a CMS by a relevant standard shall submit an excess emissions and continuous monitoring system performance report and/or a summary report to the Administrator semiannually, except when—
              (A) More frequent reporting is specifically required by a relevant standard;
              (B) The Administrator determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source; or
              (C) [Reserved]

              (D) The affected source is complying with the Performance Track Provisions of § 63.16, which allows less frequent reporting.
              (ii) Request to reduce frequency of excess emissions and continuous monitoring system performance reports. Notwithstanding the frequency of reporting requirements specified in paragraph (e)(3)(i) of this section, an owner or operator who is required by a relevant standard to submit excess emissions and continuous monitoring system performance (and summary) reports on a quarterly (or more frequent) basis may reduce the frequency of reporting for that standard to semiannual if the following conditions are met:
              (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting periods) the affected source's excess emissions and continuous monitoring system performance reports continually demonstrate that the source is in compliance with the relevant standard;
              (B) The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this subpart and the relevant standard; and
              (C) The Administrator does not object to a reduced frequency of reporting for the affected source, as provided in paragraph (e)(3)(iii) of this section.
              (iii) The frequency of reporting of excess emissions and continuous monitoring system performance (and summary) reports required to comply with a relevant standard may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change and the Administrator does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the Administrator may review information concerning the source's entire previous performance history during the 5-year recordkeeping period prior to the intended change, including performance test results, monitoring data, and evaluations of an owner or operator's conformance with operation and maintenance requirements. Such information may be used by the Administrator to make a judgment about the source's potential for noncompliance in the future. If the Administrator disapproves the owner or operator's request to reduce the frequency of reporting, the Administrator will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator's intention. The notification from the Administrator to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted.
              (iv) As soon as CMS data indicate that the source is not in compliance with any emission limitation or operating parameter specified in the relevant standard, the frequency of reporting shall revert to the frequency specified in the relevant standard, and the owner or operator shall submit an excess emissions and continuous monitoring system performance (and summary) report for the noncomplying emission points at the next appropriate reporting period following the noncomplying event. After demonstrating ongoing compliance with the relevant standard for another full year, the owner or operator may again request approval from the Administrator to reduce the frequency of reporting for that standard, as provided for in paragraphs (e)(3)(ii) and (e)(3)(iii) of this section.
              (v) Content and submittal dates for excess emissions and monitoring system performance reports. All excess emissions and monitoring system performance reports and all summary reports, if required, shall be delivered or postmarked by the 30th day following the end of each calendar half or quarter, as appropriate. Written reports of excess emissions or exceedances of process or control system parameters shall include all the information required in paragraphs (c)(5) through (c)(13) of this section, in §§ 63.8(c)(7) and 63.8(c)(8), and in the relevant standard, and they shall contain the name, title, and signature of the responsible official who is certifying the accuracy of the report. When no excess emissions or exceedances of a parameter have occurred, or a CMS has not been inoperative, out of control, repaired, or adjusted, such information shall be stated in the report.
              (vi) Summary report. As required under paragraphs (e)(3)(vii) and (e)(3)(viii) of this section, one summary report shall be submitted for the hazardous air pollutants monitored at each affected source (unless the relevant standard specifies that more than one summary report is required, e.g., one summary report for each hazardous air pollutant monitored). The summary report shall be entitled “Summary Report—Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance” and shall contain the following information:
              (A) The company name and address of the affected source;
              (B) An identification of each hazardous air pollutant monitored at the affected source;
              (C) The beginning and ending dates of the reporting period;
              (D) A brief description of the process units;
              (E) The emission and operating parameter limitations specified in the relevant standard(s);
              (F) The monitoring equipment manufacturer(s) and model number(s);
              (G) The date of the latest CMS certification or audit;
              (H) The total operating time of the affected source during the reporting period;
              (I) An emission data summary (or similar summary if the owner or operator monitors control system parameters), including the total duration of excess emissions during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/shutdown, control equipment problems, process problems, other known causes, and other unknown causes;
              (J) A CMS performance summary (or similar summary if the owner or operator monitors control system parameters), including the total CMS downtime during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of CMS downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total CMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes;
              (K) A description of any changes in CMS, processes, or controls since the last reporting period;
              (L) The name, title, and signature of the responsible official who is certifying the accuracy of the report; and
              (M) The date of the report.
              (vii) If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is less than 1 percent of the total operating time for the reporting period, and CMS downtime for the reporting period is less than 5 percent of the total operating time for the reporting period, only the summary report shall be submitted, and the full excess emissions and continuous monitoring system performance report need not be submitted unless required by the Administrator.
              (viii) If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is 1 percent or greater of the total operating time for the reporting period, or the total CMS downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, both the summary report and the excess emissions and continuous monitoring system performance report shall be submitted.
              (4) Reporting continuous opacity monitoring system data produced during a performance test. The owner or operator of an affected source required to use a COMS shall record the monitoring data produced during a performance test required under § 63.7 and shall furnish the Administrator a written report of the monitoring results. The report of COMS data shall be submitted simultaneously with the report of the performance test results required in paragraph (d)(2) of this section.
              (f) Waiver of recordkeeping or reporting requirements. (1) Until a waiver of a recordkeeping or reporting requirement has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this section.
              (2) Recordkeeping or reporting requirements may be waived upon written application to the Administrator if, in the Administrator's judgment, the affected source is achieving the relevant standard(s), or the source is operating under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request.
              (3) If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance under § 63.6(i), any required compliance progress report or compliance status report required under this part (such as under §§ 63.6(i) and 63.9(h)) or in the source's title V permit, or an excess emissions and continuous monitoring system performance report required under paragraph (e) of this section, whichever is applicable. The application shall include whatever information the owner or operator considers useful to convince the Administrator that a waiver of recordkeeping or reporting is warranted.
              (4) The Administrator will approve or deny a request for a waiver of recordkeeping or reporting requirements under this paragraph when he/she—
              (i) Approves or denies an extension of compliance; or
              (ii) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or
              (iii) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable.
              (5) A waiver of any recordkeeping or reporting requirement granted under this paragraph may be conditioned on other recordkeeping or reporting requirements deemed necessary by the Administrator.
              (6) Approval of any waiver granted under this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.
              [59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003; 69 FR 21752, Apr. 22, 2004; 71 FR 20455, Apr. 20, 2006]

              § 63.11
              Control device and work practice requirements.
              (a) Applicability. (1) The applicability of this section is set out in § 63.1(a)(4).
              (2) This section contains requirements for control devices used to comply with applicable subparts of this part. The requirements are placed here for administrative convenience and apply only to facilities covered by subparts referring to this section.
              (3) This section also contains requirements for an alternative work practice used to identify leaking equipment. This alternative work practice is placed here for administrative convenience and is available to all subparts in 40 CFR parts 60, 61, 63, and 65 that require monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 monitor.
              (b) Flares. (1) Owners or operators using flares to comply with the provisions of this part shall monitor these control devices to assure that they are operated and maintained in conformance with their designs. Applicable subparts will provide provisions stating how owners or operators using flares shall monitor these control devices.
              (2) Flares shall be steam-assisted, air-assisted, or non-assisted.
              (3) Flares shall be operated at all times when emissions may be vented to them.
              (4) Flares shall be designed for and operated with no visible emissions, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. Test Method 22 in appendix A of part 60 of this chapter shall be used to determine the compliance of flares with the visible emission provisions of this part. The observation period is 2 hours and shall be used according to Method 22.

              (5) Flares shall be operated with a flame present at all times. The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.
              (6) An owner/operator has the choice of adhering to the heat content specifications in paragraph (b)(6)(ii) of this section, and the maximum tip velocity specifications in paragraph (b)(7) or (b)(8) of this section, or adhering to the requirements in paragraph (b)(6)(i) of this section.

              (i)(A) Flares shall be used that have a diameter of 3 inches or greater, are nonassisted, have a hydrogen content of 8.0 percent (by volume) or greater, and are designed for and operated with an exit velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity Vmax, as determined by the following equation:

              Vmax = (XH2−K1)* K2

                Where:

                Vmax = Maximum permitted velocity, m/sec.
                K1 = Constant, 6.0 volume-percent hydrogen.
                K2 = Constant, 3.9(m/sec)/volume-percent hydrogen.
                XH2 = The volume-percent of hydrogen, on a wet basis, as calculated by using the American Society for Testing and Materials (ASTM) Method D1946-77. (Incorporated by reference as specified in § 63.14).

              (B) The actual exit velocity of a flare shall be determined by the method specified in paragraph (b)(7)(i) of this section.
              (ii) Flares shall be used only with the net heating value of the gas being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted at 7.45 M/scm (200 Btu/scf) or greater if the flares is non-assisted. The net heating value of the gas being combusted in a flare shall be calculated using the following equation:

                ER04MY98.004

                Where:

                HT = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20 °C.
                K = Constant =

                ER04MY98.005

                where the standard temperature for (g-mole/scm) is 20 °C.
                Ci = Concentration of sample component i in ppmv on a wet basis, as measured for organics by Test Method 18 and measured for hydrogen and carbon monoxide by American Society for Testing and Materials (ASTM) D1946-77 or 90 (Reapproved 1994) (incorporated by reference as specified in § 63.14).
                Hi = Net heat of combustion of sample component i, kcal/g-mole at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D2382-76 or 88 or D4809-95 (incorporated by reference as specified in § 63.14) if published values are not available or cannot be calculated.
                n = Number of sample components.

              (7)(i) Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), except as provided in paragraphs (b)(7)(ii) and (b)(7)(iii) of this section. The actual exit velocity of a flare shall be determined by dividing by the volumetric flow rate of gas being combusted (in units of emission standard temperature and pressure), as determined by Test Method 2, 2A, 2C, or 2D in appendix A to 40 CFR part 60 of this chapter, as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.
              (ii) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in paragraph (b)(7)(i) of this section, equal to or greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).

              (iii) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in paragraph (b)(7)(i) of this section, less than the velocity Vmax, as determined by the method specified in this paragraph, but less than 122 m/sec (400 ft/sec) are allowed. The maximum permitted velocity, Vmax, for flares complying with this paragraph shall be determined by the following equation:

              Log10(Vmax) = (HT + 28.8)/31.7

                Where:

                Vmax = Maximum permitted velocity, m/sec.
                28.8 = Constant.
                31.7 = Constant.
                HT = The net heating value as determined in paragraph (b)(6) of this section.

              (8) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity Vmax. The maximum permitted velocity, Vmax, for air-assisted flares shall be determined by the following equation:

              Vmax = 8.71 + 0.708(HT)

                Where:

                Vmax = Maximum permitted velocity, m/sec.
                8.71 = Constant.
                0.708 = Constant.
                HT = The net heating value as determined in paragraph (b)(6)(ii) of this section.

              (c) Alternative work practice for monitoring equipment for leaks. Paragraphs (c), (d), and (e) of this section apply to all equipment for which the applicable subpart requires monitoring with a 40 CFR part 60, appendix A-7, Method 21 monitor, except for closed vent systems, equipment designated as leakless, and equipment identified in the applicable subpart as having no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background. An owner or operator may use an optical gas imaging instrument instead of a 40 CFR part 60, sppendix A-7, Method 21 monitor. Requirements in the existing subparts that are specific to the Method 21 instrument do not apply under this section. All other requirements in the applicable subpart that are not addressed in paragraphs (c), (d), and (e) of this section continue to apply. For example, equipment specification requirements, and non-Method 21 instrument recordkeeping and reporting requirements in the applicable subpart continue to apply. The terms defined in paragraphs (c)(1) through (5) of this section have meanings that are specific to the alternative work practice standard in paragraphs (c), (d), and (e) of this section.
              (1) Applicable subpart means the subpart in 40 CFR parts 60, 61, 63, and 65 that requires monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 monitor.
              (2) Equipment means pumps, valves, pressure relief valves, compressors, open-ended lines, flanges, connectors, and other equipment covered by the applicable subpart that require monitoring with a 40 CFR part 60, appendix A-7, Method 21 monitor.
              (3) Imaging means making visible emissions that may otherwise be invisible to the naked eye.
              (4) Optical gas imaging instrument means an instrument that makes visible emissions that may otherwise be invisible to the naked eye.
              (5) Repair means that equipment is adjusted, or otherwise altered, in order to eliminate a leak.
              (6) Leak means:
              (i) Any emissions imaged by the optical gas instrument;
              (ii) Indications of liquids dripping;
              (iii) Indications by a sensor that a seal or barrier fluid system has failed; or
              (iv) Screening results using a 40 CFR part 60, appendix A-7, Method 21 monitor that exceed the leak definition in the applicable subpart to which the equipment is subject.
              (d) The alternative work practice standard for monitoring equipment for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and 65 that require monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 monitor.
              (1) An owner or operator of an affected source subject to 40 CFR parts 60, 61, 63, or 65 can choose to comply with the alternative work practice requirements in paragraph (e) of this section instead of using the 40 CFR part 60, appendix A-7, Method 21 monitor to identify leaking equipment. The owner or operator must document the equipment, process units, and facilities for which the alternative work practice will be used to identify leaks.
              (2) Any leak detected when following the leak survey procedure in paragraph (e)(3) of this section must be identified for repair as required in the applicable subpart.

              (3) If the alternative work practice is used to identify leaks, re-screening after an attempted repair of leaking equipment must be conducted using either the alternative work practice or the 40 CFR part 60, Appendix A-7, Method 21 monitor at the leak definition required in the applicable subparts to which the equipment is subject.
              (4) The schedule for repair is as required in the applicable subpart.
              (5) When this alternative work practice is used for detecting leaking equipment, choose one of the monitoring frequencies listed in Table 1 to subpart A of this part in lieu of the monitoring frequency specified for regulated equipment in the applicable subpart. Reduced monitoring frequencies for good performance are not applicable when using the alternative work practice.
              (6) When this alternative work practice is used for detecting leaking equipment, the following are not applicable for the equipment being monitored:
              (i) Skip period leak detection and repair;
              (ii) Quality improvement plans; or
              (iii) Complying with standards for allowable percentage of valves and pumps to leak.
              (7) When the alternative work practice is used to detect leaking equipment, the regulated equipment in paragraph (d)(1)(i) of this section must also be monitored annually using a 40 CFR part 60, Appendix A-7, Method 21 monitor at the leak definition required in the applicable subpart. The owner or operator may choose the specific monitoring period (for example, first quarter) to conduct the annual monitoring. Subsequent monitoring must be conducted every 12 months from the initial period. Owners or operators must keep records of the annual Method 21 screening results, as specified in paragraph (i)(4)(vii) of this section.
              (e) An owner or operator of an affected source who chooses to use the alternative work practice must comply with the requirements of paragraphs (e)(1) through (e)(5) of this section.
              (1) Instrument specifications. The optical gas imaging instrument must comply with the requirements specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
              (i) Provide the operator with an image of the potential leak points for each piece of equipment at both the detection sensitivity level and within the distance used in the daily instrument check described in paragraph (e)(2) of this section. The detection sensitivity level depends upon the frequency at which leak monitoring is to be performed.
              (ii) Provide a date and time stamp for video records of every monitoring event.
              (2) Daily instrument check. On a daily basis, and prior to beginning any leak monitoring work, test the optical gas imaging instrument at the mass flow rate determined in paragraph (e)(2)(i) of this section in accordance with the procedure specified in paragraphs (e)(2)(ii) through (e)(2)(iv) of this section for each camera configuration used during monitoring (for example, different lenses used), unless an alternative method to demonstrate daily instrument checks has been approved in accordance with paragraph (e)(2)(v) of this section.
              (i) Calculate the mass flow rate to be used in the daily instrument check by following the procedures in paragraphs (e)(2)(i)(A) and (e)(2)(i)(B) of this section.
              (A) For a specified population of equipment to be imaged by the instrument, determine the piece of equipment in contact with the lowest mass fraction of chemicals that are detectable, within the distance to be used in paragraph (e)(2)(iv)(B) of this section, at or below the standard detection sensitivity level.
              (B) Multiply the standard detection sensitivity level, corresponding to the selected monitoring frequency in Table 1 of subpart A of this part, by the mass fraction of detectable chemicals from the stream identified in paragraph (e)(2)(i)(A) of this section to determine the mass flow rate to be used in the daily instrument check, using the following equation.

                ER22DE08.008

                Where:

                Edic = Mass flow rate for the daily instrument check, grams per hour
                xi = Mass fraction of detectable chemical(s) i seen by the optical gas imaging instrument, within the distance to be used in paragraph (e)(2)(iv)(B) of this section, at or below the standard detection sensitivity level, Esds.

                Esds = Standard detection sensitivity level from Table 1 to subpart A, grams per hour
                k = Total number of detectable chemicals emitted from the leaking equipment and seen by the optical gas imaging instrument.

              (ii) Start the optical gas imaging instrument according to the manufacturer's instructions, ensuring that all appropriate settings conform to the manufacturer's instructions.
              (iii) Use any gas chosen by the user that can be viewed by the optical gas imaging instrument and that has a purity of no less than 98 percent.
              (iv) Establish a mass flow rate by using the following procedures:
              (A) Provide a source of gas where it will be in the field of view of the optical gas imaging instrument.
              (B) Set up the optical gas imaging instrument at a recorded distance from the outlet or leak orifice of the flow meter that will not be exceeded in the actual performance of the leak survey. Do not exceed the operating parameters of the flow meter.
              (C) Open the valve on the flow meter to set a flow rate that will create a mass emission rate equal to the mass rate calculated in paragraph (e)(2)(i) of this section while observing the gas flow through the optical gas imaging instrument viewfinder. When an image of the gas emission is seen through the viewfinder at the required emission rate, make a record of the reading on the flow meter.
              (v) Repeat the procedures specified in paragraphs (e)(2)(ii) through (e)(2)(iv) of this section for each configuration of the optical gas imaging instrument used during the leak survey.
              (vi) To use an alternative method to demonstrate daily instrument checks, apply to the Administrator for approval of the alternative under § 63.177 or § 63.178, whichever is applicable.
              (3) Leak survey procedure. Operate the optical gas imaging instrument to image every regulated piece of equipment selected for this work practice in accordance with the instrument manufacturer's operating parameters. All emissions imaged by the optical gas imaging instrument are considered to be leaks and are subject to repair. All emissions visible to the naked eye are also considered to be leaks and are subject to repair.
              (4) Recordkeeping. Keep the records described in paragraphs (e)(4)(i) through (e)(4)(vii) of this section:
              (i) The equipment, processes, and facilities for which the owner or operator chooses to use the alternative work practice.
              (ii) The detection sensitivity level selected from Table 1 to subpart A of this part for the optical gas imaging instrument.
              (iii) The analysis to determine the piece of equipment in contact with the lowest mass fraction of chemicals that are detectable, as specified in paragraph (e)(2)(i)(A) of this section.
              (iv) The technical basis for the mass fraction of detectable chemicals used in the equation in paragraph (e)(2)(i)(B) of this section.
              (v) The daily instrument check. Record the distance, per paragraph (e)(2)(iv)(B) of this section, and the flow meter reading, per paragraph (e)(2)(iv)(C) of this section, at which the leak was imaged. Keep a video record of the daily instrument check for each configuration of the optical gas imaging instrument used during the leak survey (for example, the daily instrument check must be conducted for each lens used). The video record must include a time and date stamp for each daily instrument check. The video record must be kept for 5 years.
              (vi) Recordkeeping requirements in the applicable subpart. A video record must be used to document the leak survey results. The video record must include a time and date stamp for each monitoring event. A video record can be used to meet the recordkeeping requirements of the applicable subparts if each piece of regulated equipment selected for this work practice can be identified in the video record. The video record must be kept for 5 years.

              (vii) The results of the annual Method 21 screening required in paragraph (h)(7) of this section. Records must be kept for all regulated equipment specified in paragraph (h)(1) of this section. Records must identify the equipment screened, the screening value measured by Method 21, the time and date of the screening, and calibration information required in the existing applicable subparts.
              (5) Reporting. Submit the reports required in the applicable subpart. Submit the records of the annual Method 21 screening required in paragraph (h)(7) of this section to the Administrator via e-mail to CCG-AWP@EPA.GOV.

              [59 FR 12430, Mar. 16, 1994, as amended at 63 FR 24444, May 4, 1998; 65 FR 62215, Oct. 17, 2000; 67 FR 16605, Apr. 5, 2002; 73 FR 78211, Dec. 22, 2008]

              § 63.12
              State authority and delegations.
              (a) The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from—
              (1) Adopting and enforcing any standard, limitation, prohibition, or other regulation applicable to an affected source subject to the requirements of this part, provided that such standard, limitation, prohibition, or regulation is not less stringent than any requirement applicable to such source established under this part;
              (2) Requiring the owner or operator of an affected source to obtain permits, licenses, or approvals prior to initiating construction, reconstruction, modification, or operation of such source; or
              (3) Requiring emission reductions in excess of those specified in subpart D of this part as a condition for granting the extension of compliance authorized by section 112(i)(5) of the Act.
              (b)(1) Section 112(l) of the Act directs the Administrator to delegate to each State, when appropriate, the authority to implement and enforce standards and other requirements pursuant to section 112 for stationary sources located in that State. Because of the unique nature of radioactive material, delegation of authority to implement and enforce standards that control radionuclides may require separate approval.
              (2) Subpart E of this part establishes procedures consistent with section 112(l) for the approval of State rules or programs to implement and enforce applicable Federal rules promulgated under the authority of section 112. Subpart E also establishes procedures for the review and withdrawal of section 112 implementation and enforcement authorities granted through a section 112(l) approval.
              (c) All information required to be submitted to the EPA under this part also shall be submitted to the appropriate State agency of any State to which authority has been delegated under section 112(l) of the Act, provided that each specific delegation may exempt sources from a certain Federal or State reporting requirement. The Administrator may permit all or some of the information to be submitted to the appropriate State agency only, instead of to the EPA and the State agency.

              § 63.13
              Addresses of State air pollution control agencies and EPA Regional Offices.

              (a) All requests, reports, applications, submittals, and other communications to the Administrator pursuant to this part shall be submitted to the appropriate Regional Office of the U.S. Environmental Protection Agency indicated in the following list of EPA Regional Offices.

                EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont) Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Post Office Square—Suite 100 (04-2), Boston, MA 02109-3912, Attn: Air Compliance Clerk.
                EPA Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, Air and Waste Management Division, 26 Federal Plaza, New York, NY 10278.
                EPA Region III (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia), Director, Air Protection Division, 1650 Arch Street, Philadelphia, PA 19103.
                EPA Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee). Director, Air, Pesticides and Toxics Management Division, Atlanta Federal Center, 61 Forsyth Street, Atlanta, GA 30303-3104.
                EPA Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 60604-3507.

                EPA Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); Director; Enforcement and Compliance Assurance Division; U.S. Environmental Protection Agency, 1201 Elm Street, Suite 500, Mail Code 6ECD, Dallas, Texas 75270-2102.

                EPA Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
                EPA Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Director, Air and Toxics Technical Enforcement Program, Office of Enforcement, Compliance and Environmental Justice, Mail Code 8ENF-AT, 1595 Wynkoop Street, Denver, CO 80202-1129.
                EPA Region IX (Arizona, California, Hawaii, Nevada; the territories of American Samoa and Guam; the Commonwealth of the Northern Mariana Islands; the territories of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake Islands; and certain U.S. Government activities in the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau), Director, Air Division, 75 Hawthorne Street, San Francisco, CA 94105.
                EPA Region X (Alaska, Idaho, Oregon, Washington), Director, Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, WA 98101.

              (b) All information required to be submitted to the Administrator under this part also shall be submitted to the appropriate State agency of any State to which authority has been delegated under section 112(l) of the Act. The owner or operator of an affected source may contact the appropriate EPA Regional Office for the mailing addresses for those States whose delegation requests have been approved.
              (c) If any State requires a submittal that contains all the information required in an application, notification, request, report, statement, or other communication required in this part, an owner or operator may send the appropriate Regional Office of the EPA a copy of that submittal to satisfy the requirements of this part for that communication.
              [59 FR 12430, Mar. 16, 1994, as amended at 63 FR 66061, Dec. 1, 1998; 67 FR 4184, Jan. 29, 2002; 68 FR 32601, May 30, 2003; 68 FR 35792, June 17, 2003; 73 FR 24871, May 6, 2008; 75 FR 69532, Nov. 12, 2010; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013; 84 FR 34069, July 17, 2019; 84 FR 44230, Aug. 23, 2019]

              § 63.14
              Incorporations by reference.

              (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the EPA must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the Air and Radiation Docket and Information Center, U.S. EPA, 401 M St. SW., Washington, DC, telephone number 202-566, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

              (b) American Conference of Governmental Industrial Hygienists (ACGIH), Customer Service Department, 1330 Kemper Meadow Drive, Cincinnati, Ohio 45240, telephone number (513) 742-2020.
              (1) Industrial Ventilation: A Manual of Recommended Practice, 22nd Edition, 1995, Chapter 3, “Local Exhaust Hoods” and Chapter 5, “Exhaust System Design Procedure.” IBR approved for §§ 63.843(b) and 63.844(b).
              (2) Industrial Ventilation: A Manual of Recommended Practice, 23rd Edition, 1998, Chapter 3, “Local Exhaust Hoods” and Chapter 5, “Exhaust System Design Procedure.” IBR approved for §§ 63.1503, 63.1506(c), 63.1512(e), Table 2 to subpart RRR, Table 3 to subpart RRR, and appendix A to subpart RRR, and § 63.2984(e).
              (3) Industrial Ventilation: A Manual of Recommended Practice for Design, 27th Edition, 2010. IBR approved for §§ 63.1503, 63.1506(c), 63.1512(e), Table 2 to subpart RRR, Table 3 to subpart RRR, and appendix A to subpart RRR, and § 63.2984(e).
              (c) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005.
              (1) API Publication 2517, Evaporative Loss from External Floating-Roof Tanks, Third Edition, February 1989, IBR approved for §§ 63.111, 63.1402, and 63.2406.

              (2) API Publication 2518, Evaporative Loss from Fixed-roof Tanks, Second Edition, October 1991, IBR approved for § 63.150(g).

              (3) API Manual of Petroleum Measurement Specifications (MPMS) Chapter 19.2 (API MPMS 19.2), Evaporative Loss From Floating-Roof Tanks, First Edition, April 1997, IBR approved for §§ 63.1251 and 63.12005.

              (d) American Society of Heating, Refrigerating, and Air-Conditioning Engineers at 1791 Tullie Circle, NE., Atlanta, GA 30329 orders@ashrae.org.

              (1) American Society of Heating, Refrigerating, and Air Conditioning Engineers Method 52.1, “Gravimetric and Dust-Spot Procedures for Testing Air-Cleaning Devices Used in General Ventilation for Removing Particulate Matter, June 4, 1992,” IBR approved for §§ 63.11173(e) and 63.11516(d).
              (2) [Reserved]

              (e) American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990, Telephone (800) 843-2763, http://www.asme.org; also available from HIS, Incorporated, 15 Inverness Way East, Englewood, CO 80112, Telephone (877) 413-5184, http://global.ihs.com.

              (1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], issued August 31, 1981, IBR approved for §§ 63.309(k), 63.457(k), 63.772(e) and (h), 63.865(b), 63.1282(d) and (g), 63.1625(b), 63.3166(a), 63.3360(e), 63.3545(a), 63.3555(a), 63.4166(a), 63.4362(a), 63.4766(a), 63.4965(a), 63.5160(d), table 4 to subpart UUUU, table 3 to subpart YYYY, 63.9307(c), 63.9323(a), 63.11148(e), 63.11155(e), 63.11162(f), 63.11163(g), 63.11410(j), 63.11551(a), 63.11646(a), and 63.11945, table 5 to subpart DDDDD, table 4 to subpart JJJJJ, table 4 to subpart KKKKK, tables 4 and 5 to subpart UUUUU, table 1 to subpart ZZZZZ, and table 4 to subpart JJJJJJ.
              (2) [Reserved]
              (f) The Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow, Florida 33830.
              (1) Book of Methods Used and Adopted By The Association of Florida Phosphate Chemists, Seventh Edition 1991:
              (i) Section IX, Methods of Analysis for Phosphate Rock, No. 1 Preparation of Sample, IBR approved for § 63.606(f), § 63.626(f).
              (ii) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method A—Volumetric Method, IBR approved for § 63.606(f), § 63.626(f).
              (iii) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method B—Gravimetric Quimociac Method, IBR approved for § 63.606(f), § 63.626(f).
              (iv) Section IX, Methods of Analysis For Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method C—Spectrophotometric Method, IBR approved for § 63.606(f), § 63.626(f).
              (v) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method A—Volumetric Method, IBR approved for § 63.606(f), § 63.626(f), and (g).
              (vi) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method B—Gravimetric Quimociac Method, IBR approved for § 63.606(f), § 63.626(f), and (g).
              (vii) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method C—Spectrophotometric Method, IBR approved for § 63.606(f), § 63.626(f), and (g).
              (2) [Reserved]
              (g) Association of Official Analytical Chemists (AOAC) International, Customer Services, Suite 400, 2200 Wilson Boulevard, Arlington, Virginia 22201-3301, Telephone (703) 522-3032, Fax (703) 522-5468.
              (1) AOAC Official Method 929.01 Sampling of Solid Fertilizers, Sixteenth edition, 1995, IBR approved for § 63.626(g).
              (2) AOAC Official Method 929.02 Preparation of Fertilizer Sample, Sixteenth edition, 1995, IBR approved for § 63.626(g).
              (3) AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers, Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved for § 63.626(g).

              (4) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition, 1995, IBR approved for § 63.626(g).

              (5) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 1995, IBR approved for § 63.626(g).
              (6) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 1995, IBR approved for § 63.626(g).
              (7) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, Automated Method, Sixteenth edition, 1995, IBR approved for § 63.626(g).

              (h) ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959, Telephone (610) 832-9585, http://www.astm.org; also available from ProQuest, 789 East Eisenhower Parkway, Ann Arbor, MI 48106-1346, Telephone (734) 761-4700, http://www.proquest.com.

              (1) ASTM D95-05 (Reapproved 2010), Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation, approved May 1, 2010, IBR approved for § 63.10005(i) and table 6 to subpart DDDDD.
              (2) ASTM D240-09 Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, approved July 1, 2009, IBR approved for table 6 to subpart DDDDD.
              (3) ASTM Method D388-05, Standard Classification of Coals by Rank, approved September 15, 2005, IBR approved for §§ 63.7575, 63.10042, and 63.11237.
              (4) ASTM Method D396-10, Standard Specification for Fuel Oils, including Appendix X1, approved October 1, 2010, IBR approved for § 63.10042.
              (5) ASTM D396-10, Standard Specification for Fuel Oils, approved October 1, 2010, IBR approved for §§ 63.7575 and 63.11237.
              (6) ASTM D523-89, Standard Test Method for Specular Gloss, IBR approved for § 63.782.
              (7) ASTM D975-11b, Standard Specification for Diesel Fuel Oils, approved December 1, 2011, IBR approved for § 63.7575.
              (8) ASTM D1193-77, Standard Specification for Reagent Water, IBR approved for appendix A to part 63: Method 306, Sections 7.1.1 and 7.4.2.
              (9) ASTM D1193-91, Standard Specification for Reagent Water, IBR approved for appendix A to part 63: Method 306, Sections 7.1.1 and 7.4.2.
              (10) ASTM D1331-89, Standard Test Methods for Surface and Interfacial Tension of Solutions of Surface Active Agents, IBR approved for appendix A to part 63: Method 306B, Sections 6.2, 11.1, and 12.2.2.
              (11) ASTM D1475-90, Standard Test Method for Density of Paint, Varnish Lacquer, and Related Products, IBR approved for appendix A to subpart II.
              (12) ASTM D1475-98 (Reapproved 2003), “Standard Test Method for Density of Liquid Coatings, Inks, and Related Products,” IBR approved for §§ 63.3151(b), 63.3941(b) and (c), 63.3951(c), 63.4141(b) and (c), and 63.4551(c).
              (13) ASTM D1475-13, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, approved November 1, 2013, IBR approved for §§ 63.3521(c), 63.3531(c), 63.4141(b) and (c), 63.4741(b) and (c), 63.4751(c), 63.4941(b) and (c), and 63.5160(c).
              (14) ASTM Method D1835-05, Standard Specification for Liquefied Petroleum (LP) Gases, approved April 1, 2005, IBR approved for §§ 63.7575 and 63.11237.
              (15) ASTM D1945-03 (Reapproved 2010), Standard Test Method for Analysis of Natural Gas by Gas Chromatography, Approved January 1, 2010, IBR approved for §§ 63.670(j), 63.772(h), and 63.1282(g).
              (16) ASTM D1945-14, Standard Test Method for Analysis of Natural Gas by Gas Chromatography, Approved November 1, 2014, IBR approved for § 63.670(j).
              (17) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved for § 63.11(b).
              (18) ASTM D1946-90 (Reapproved 1994), Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved for §§ 63.11(b) and 63.1412.

              (19) ASTM D2013/D2013M-09, Standard Practice for Preparing Coal Samples for Analysis, (Approved November 1, 2009), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.

              (20) ASTM D2099-00, Standard Test Method for Dynamic Water Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester, IBR approved for § 63.5350.
              (21) ASTM D2111-10 (Reapproved 2015), Standard Test Methods for Specific Gravity and Density of Halogenated Organic Solvents and Their Admixtures, approved June 1, 2015, IBR approved for §§ 63.3531(c), 63.4141(b) and (c), 63.4741(a), and 63.5160(c).
              (22) ASTM D2216-05, Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass, IBR approved for the definition of “Free organic liquids” in § 63.10692.
              (23) ASTM D2234/D2234M-10, Standard Practice for Collection of a Gross Sample of Coal, approved January 1, 2010, IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (24) ASTM D2369-93, Standard Test Method for Volatile Content of Coatings, IBR approved for appendix A to subpart II.
              (25) ASTM D2369-95, Standard Test Method for Volatile Content of Coatings, IBR approved for appendix A to subpart II.
              (26) ASTM D2369-10 (Reapproved 2015)e, Standard Test Method for Volatile Content of Coatings, approved June 1, 2015, IBR approved for §§ 63.3521(a), 63.3541(i), 63.4141(a) and (b), 63.4161(h), 63.4321(e), 63.4341(e), 63.4351(d), 63.4741(a), 63.4941(a) and (b), 63.4961(j), and 63.5160(b).
              (27) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), IBR approved for § 63.11(b).
              (28) ASTM D2382-88, Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), IBR approved for § 63.11(b).
              (29) ASTM D2697-86 (Reapproved 1998), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved for §§ 63.3161(f), 63.3941(b), 63.4141(b), 63.4741(b), and 63.4941(b).
              (30) ASTM D2697-03 (Reapproved 2014), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, approved July 1, 2014, IBR approved for §§ 63.3521(b), 63.4141(b), 63.4741(a) and (b), 63.4941(b), and 63.5160(c).
              (31) ASTM D2879-83, Standard Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, IBR approved for §§ 63.111, 63.1402, 63.2406, and 63.12005.
              (32) ASTM D2879-96, Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, (Approved 1996), IBR approved for §§ 63.111, 63.2406, and 63.12005.
              (33) ASTM D2908-74, Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved June 27, 1974, IBR approved for § 63.1329(c).
              (34) ASTM D2908-91, Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved December 15, 1991, IBR approved for § 63.1329(c).
              (35) ASTM D2908-91(Reapproved 2001), Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved December 15, 1991, IBR approved for § 63.1329(c).
              (36) ASTM D2908-91(Reapproved 2005), Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved December 1, 2005, IBR approved for § 63.1329(c).
              (37) ASTM D2908-91(Reapproved 2011), Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved May 1, 2011, IBR approved for § 63.1329(c).
              (38) ASTM D2986-95A, “Standard Practice for Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test,” approved September 10, 1995, IBR approved for section 7.1.1 of Method 315 in appendix A to this part.
              (39) ASTM D3173-03 (Reapproved 2008), Standard Test Method for Moisture in the Analysis Sample of Coal and Coke, (Approved February 1, 2008), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.

              (40) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral Spirits by Gas Chromatography, IBR approved for § 63.786(b).
              (41) ASTM D3370-76, Standard Practices for Sampling Water, Approved August 27, 1976, IBR approved for § 63.1329(c).
              (42) ASTM D3370-95a, Standard Practices for Sampling Water from Closed Conduits, Approved September 10, 1995, IBR approved for § 63.1329(c).
              (43) ASTM D3370-07, Standard Practices for Sampling Water from Closed Conduits, Approved December 1, 2007, IBR approved for § 63.1329(c).
              (44) ASTM D3370-08, Standard Practices for Sampling Water from Closed Conduits, Approved October 1, 2008, IBR approved for § 63.1329(c).
              (45) ASTM D3370-10, Standard Practices for Sampling Water from Closed Conduits, Approved December 1, 2010, IBR approved for § 63.1329(c).
              (46) ASTM D3588-98 (Reapproved 2003), Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, (Approved May 10, 2003), IBR approved for §§ 63.772(h) and 63.1282(g).
              (47) ASTM D3695-88, Standard Test Method for Volatile Alcohols in Water by Direct Aqueous-Injection Gas Chromatography, IBR approved for § 63.365(e).
              (48) ASTM D3792-91, Standard Method for Water Content of Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR approved for appendix A to subpart II.
              (49) ASTM D3912-80, Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for § 63.782.
              (50) ASTM D4006-11, Standard Test Method for Water in Crude Oil by Distillation, including Annex A1 and Appendix X1, (Approved June 1, 2011), IBR approved for § 63.10005(i) and table 6 to subpart DDDDD.
              (51) ASTM D4017-81, Standard Test Method for Water in Paints and Paint Materials by the Karl Fischer Titration Method, IBR approved for appendix A to subpart II.
              (52) ASTM D4017-90, Standard Test Method for Water in Paints and Paint Materials by the Karl Fischer Titration Method, IBR approved for appendix A to subpart II.
              (53) ASTM D4017-96a, Standard Test Method for Water in Paints and Paint Materials by the Karl Fischer Titration Method, IBR approved for appendix A to subpart II.
              (54) ASTM D4057-06 (Reapproved 2011), Standard Practice for Manual Sampling of Petroleum and Petroleum Products, including Annex A1, (Approved June 1, 2011), IBR approved for § 63.10005(i) and table 6 to subpart DDDDD.
              (55) ASTM D4082-89, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR approved for § 63.782.
              (56) ASTM D4084-07, Standard Test Method for Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), (Approved June 1, 2007), IBR approved for table 6 to subpart DDDDD.
              (57) ASTM D4177-95 (Reapproved 2010), Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, including Annexes A1 through A6 and Appendices X1 and X2, (Approved May 1, 2010), IBR approved for § 63.10005(i) and table 6 to subpart DDDDD.
              (58) ASTM D4208-02 (Reapproved 2007), Standard Test Method for Total Chlorine in Coal by the Oxygen Bomb Combustion/Ion Selective Electrode Method, approved May 1, 2007, IBR approved for table 6 to subpart DDDDD.
              (59) ASTM D4239-14e1, “Standard Test Method for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnace Combustion,” approved March 1, 2014, IBR approved for § 63.849(f).
              (60) ASTM D4256-89, Standard Test Method for Determination of the Decontaminability of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for § 63.782.
              (61) ASTM D4256-89 (Reapproved 94), Standard Test Method for Determination of the Decontaminability of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for § 63.782.

              (62) ASTM D4606-03 (Reapproved 2007), Standard Test Method for Determination of Arsenic and Selenium in Coal by the Hydride Generation/Atomic Absorption Method, (Approved October 1, 2007), IBR approved for table 6 to subpart DDDDD.
              (63) ASTM D4809-95, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR approved for § 63.11(b).
              (64) ASTM D4840-99 (Reapproved 2018)e, Standard Guide for Sampling Chain-of-Custody Procedures, approved August 15, 2018, IBR approved for appendix A to part 63.
              (65) ASTM D4891-89 (Reapproved 2006), Standard Test Method for Heating Value of Gases in Natural Gas Range by Stoichiometric Combustion, (Approved June 1, 2006), IBR approved for §§ 63.772(h) and 63.1282(g).
              (66) ASTM D5066-91 (Reapproved 2001), Standard Test Method for Determination of the Transfer Efficiency Under Production Conditions for Spray Application of Automotive Paints-Weight Basis, IBR approved for § 63.3161(g).
              (67) ASTM D5087-02, Standard Test Method for Determining Amount of Volatile Organic Compound (VOC) Released from Solventborne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement), IBR approved for § 63.3165(e) and appendix A to subpart IIII.
              (68) ASTM D5192-09, Standard Practice for Collection of Coal Samples from Core, (Approved June 1, 2009), IBR approved for table 6 to subpart DDDDD.
              (69) ASTM D5198-09, Standard Practice for Nitric Acid Digestion of Solid Waste, (Approved February 1, 2009), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (70) ASTM D5228-92, Standard Test Method for Determination of Butane Working Capacity of Activated Carbon, (Reapproved 2005), IBR approved for § 63.11092(b).
              (71) ASTM D5291-02, Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants, IBR approved for appendix A to subpart MMMM.
              (72) ASTM D5790-95, Standard Test Method for Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry, IBR approved for Table 4 to subpart UUUU.
              (73) ASTM D5864-11, Standard Test Method for Determining Aerobic Aquatic Biodegradation of Lubricants or Their Components, (Approved March 1, 2011), IBR approved for table 6 to subpart DDDDD.
              (74) ASTM D5865-10a, Standard Test Method for Gross Calorific Value of Coal and Coke, (Approved May 1, 2010), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (75) ASTM D5954-98 (Reapproved 2006), Test Method for Mercury Sampling and Measurement in Natural Gas by Atomic Absorption Spectroscopy, (Approved December 1, 2006), IBR approved for table 6 to subpart DDDDD.
              (76) ASTM D5965-02, Standard Test Methods for Specific Gravity of Coating Powders, IBR approved for §§ 63.3151(b) and 63.3951(c).
              (77) ASTM D6053-00, Standard Test Method for Determination of Volatile Organic Compound (VOC) Content of Electrical Insulating Varnishes, IBR approved for appendix A to subpart MMMM.
              (78) ASTM D6093-97 (Reapproved 2003), Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer, IBR approved for §§ 63.3161 and 63.3941.
              (79) ASTM D6093-97 (Reapproved 2016), Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer, Approved December 1, 2016, IBR approved for §§ 63.3521(b), 63.4141(b), 63.4741(a) and (b), 63.4941(b), and 63.5160(c).
              (80) ASTM D6196-03 (Reapproved 2009), Standard Practice for Selection of Sorbents, Sampling, and Thermal Desorption Analysis Procedures for Volatile Organic Compounds in Air, Approved March 1, 2009, IBR approved for appendix A to this part: Method 325A and Method 325B.

              (81) ASTM D6266-00a, Test Method for Determining the Amount of Volatile Organic Compound (VOC) Released from Waterborne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement), IBR approved for § 63.3165(e).

              (82) ASTM D6323-98 (Reapproved 2003), Standard Guide for Laboratory Subsampling of Media Related to Waste Management Activities, (Approved August 10, 2003), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (83) ASTM D6348-03, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, IBR approved for §§ 63.457(b) and 63.1349, table 4 to subpart DDDD, table 4 to subpart ZZZZ, and table 8 to subpart HHHHHHH.
              (84) ASTM D6348-03 (Reapproved 2010), Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, including Annexes A1 through A8, Approved October 1, 2010, IBR approved for §§ 63.1571(a), 63.4751(i), 63.4752(e), 63.4766(b), tables 4 and 5 to subpart JJJJJ, tables 4 and 6 to subpart KKKKK, tables 1, 2, and 5 to subpart UUUUU and appendix B to subpart UUUUU.
              (85) ASTM D6348-12e1, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved for § 63.1571(a) and table 3 to subpart YYYY.
              (86) ASTM D6350-98 (Reapproved 2003), Standard Test Method for Mercury Sampling and Analysis in Natural Gas by Atomic Fluorescence Spectroscopy, (Approved May 10, 2003), IBR approved for table 6 to subpart DDDDD.
              (87) ASTM D6357-11, Test Methods for Determination of Trace Elements in Coal, Coke, and Combustion Residues from Coal Utilization Processes by Inductively Coupled Plasma Atomic Emission Spectrometry, (Approved April 1, 2011), IBR approved for table 6 to subpart DDDDD.
              (88) ASTM D6376-10, “Standard Test Method for Determination of Trace Metals in Petroleum Coke by Wavelength Dispersive X-Ray Fluorescence Spectroscopy,” Approved July 1, 2010, IBR approved for § 63.849(f).
              (89) ASTM D6420-99, Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, IBR approved for §§ 63.5799, 63.5850, and Table 4 of Subpart UUUU.
              (90) ASTM D6420-99 (Reapproved 2004), Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, (Approved October 1, 2004), IBR approved for §§ 63.457(b), 63.485(g), 60.485a(g), 63.772(a), 63.772(e), 63.1282(a) and (d), 63.2351(b), and 63.2354(b), and table 8 to subpart HHHHHHH.
              (91) ASTM D6420-99 (Reapproved 2010), Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, Approved October 1, 2010, IBR approved for § 63.670(j) and appendix A to this part: Method 325B.
              (92) ASTM D6522-00, Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, IBR approved for § 63.9307(c).
              (93) ASTM D6522-00 (Reapproved 2005), Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, (Approved October 1, 2005), IBR approved for table 4 to subpart ZZZZ, table 5 to subpart DDDDDD, table 4 to subpart JJJJJJ, and §§ 63.772(e) and (h)) and 63.1282(d) and (g).
              (94) ASTM D6522-11 Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, Approved December 1, 2011, IBR approved for § 63.1961(a) and table 3 to subpart YYYY.
              (95) ASTM D6721-01 (Reapproved 2006), Standard Test Method for Determination of Chlorine in Coal by Oxidative Hydrolysis Microcoulometry, (Approved April 1, 2006), IBR approved for table 6 to subpart DDDDD.

              (96) ASTM D6722-01 (Reapproved 2006), Standard Test Method for Total Mercury in Coal and Coal Combustion Residues by the Direct Combustion Analysis, (Approved April 1, 2006), IBR approved for Table 6 to subpart DDDDD and Table 5 to subpart JJJJJJ.
              (97) ASTM D6735-01 (Reapproved 2009), Standard Test Method for Measurement of Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Sources—Impinger Method, IBR approved for tables 4 and 5 to subpart JJJJJ and tables 4 and 6 to subpart KKKKK.
              (98) ASTM D6751-11b, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, (Approved July 15, 2011), IBR approved for §§ 63.7575 and 63.11237.
              (99) ASTM D6784-02 (Reapproved 2008), Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), (Approved April 1, 2008), IBR approved for §§ 63.11646(a), 63.11647(a) and (d), tables 1, 2, 5, 11, 12t, and 13 to subpart DDDDD, tables 4 and 5 to subpart JJJJJ, tables 4 and 6 to subpart KKKKK, table 4 to subpart JJJJJJ, table 5 to subpart UUUUU, and appendix A to subpart UUUUU.
              (100) ASTM D6883-04, Standard Practice for Manual Sampling of Stationary Coal from Railroad Cars, Barges, Trucks, or Stockpiles, (Approved June 1, 2004), IBR approved for table 6 to subpart DDDDD.
              (101) ASTM D7430-11ae1, Standard Practice for Mechanical Sampling of Coal, (Approved October 1, 2011), IBR approved for table 6 to subpart DDDDD.
              (102) ASTM D7520-16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016, IBR approved for § 63.1625(b) and table 3 to subpart LLLLL.
              (103) ASTM D7520-16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016, IBR approved for §§ 63.1625(b).
              (104) ASTM E145-94 (Reapproved 2001), Standard Specification for Gravity-Convection and Forced-Ventilation Ovens, IBR approved for appendix A to subpart PPPP.
              (105) ASTM E180-93, Standard Practice for Determining the Precision of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR approved for § 63.786(b).
              (106) ASTM E260-91, General Practice for Packed Column Gas Chromatography, IBR approved for §§ 63.750(b) and 63.786(b).
              (107) ASTM E260-96, General Practice for Packed Column Gas Chromatography, IBR approved for §§ 63.750(b) and 63.786(b).
              (108) ASTM E515-95 (Reapproved 2000), Standard Test Method for Leaks Using Bubble Emission Techniques, IBR approved for § 63.425(i).
              (109) ASTM E711-87 (Reapproved 2004), Standard Test Method for Gross Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, (Approved August 28, 1987), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (110) ASTM E776-87 (Reapproved 2009), Standard Test Method for Forms of Chlorine in Refuse-Derived Fuel, (Approved July 1, 2009), IBR approved for table 6 to subpart DDDDD.
              (111) ASTM E871-82 (Reapproved 2006), Standard Test Method for Moisture Analysis of Particulate Wood Fuels, (Approved November 1, 2006), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (112) ASTM UOP539-12, Refinery Gas Analysis by GC, Copyright 2012 (to UOP), IBR approved for § 63.670(j).

              (i) Bay Area Air Quality Management District (BAAQMD), 939 Ellis Street, San Francisco, California 94109, http://www.arb.ca.gov/DRDB/BA/CURHTML/ST/st30.pdf.

              (1) “BAAQMD Source Test Procedure ST-30—Static Pressure Integrity Test, Underground Storage Tanks,” adopted November 30, 1983, and amended December 21, 1994, IBR approved for § 63.11120(a).
              (2) [Reserved]
              (j) British Standards Institute, 389 Chiswick High Road, London W4 4AL, United Kingdom.

              (1) BS EN 1593:1999, Non-destructive Testing: Leak Testing—Bubble Emission Techniques, IBR approved for § 63.425(i).

              (2) BS EN 14662-4:2005, Ambient air quality standard method for the measurement of benzene concentrations—Part 4: Diffusive sampling followed by thermal desorption and gas chromatography, Published June 27, 2005, IBR approved for appendix A to this part: Method 325A and Method 325B.

              (k) California Air Resources Board (CARB), 1001 I Street, P.O. Box 2815, Sacramento, CA 95812-2815, Telephone (916) 327-0900, http://www.arb.ca.gov/.
              (1) Method 428, “Determination Of Polychlorinated Dibenzo-P-Dioxin (PCDD), Polychlorinated Dibenzofuran (PCDF), and Polychlorinated Biphenyle Emissions from Stationary Sources,” amended September 12, 1990, IBR approved for § 63.849(a)(13) and (14).
              (2) Method 429, Determination of Polycyclic Aromatic Hydrocarbon (PAH) Emissions from Stationary Sources, Adopted September 12, 1989, Amended July 28, 1997, IBR approved for § 63.1625(b).
              (3) California Air Resources Board Vapor Recovery Test Procedure TP-201.1—“Volumetric Efficiency for Phase I Vapor Recovery Systems,” adopted April 12, 1996, and amended February 1, 2001 and October 8, 2003, IBR approved for § 63.11120(b).
              (4) California Air Resources Board Vapor Recovery Test Procedure TP-201.1E—“Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves,” adopted October 8, 2003, IBR approved for § 63.11120(a).
              (5) California Air Resources Board Vapor Recovery Test Procedure TP-201.3—“Determination of 2-Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,” adopted April 12, 1996 and amended March 17, 1999, IBR approved for § 63.11120(a).

              (l) Composite Panel Association, 19465 Deerfield Avenue, Suite 306, Leesburg, VA 20176, Telephone (703)724-1128, and www.compositepanel.org.

              (1) ANSI A135.4-2012, Basic Hardboard, approved June 8, 2012, IBR approved for § 63.4781.
              (2) [Reserved]
              (m) Environmental Protection Agency. Air and Radiation Docket and Information Center, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone number (202) 566-1745.
              (1) California Regulatory Requirements Applicable to the Air Toxics Program, November 16, 2010, IBR approved for § 63.99(a).
              (2) New Jersey's Toxic Catastrophe Prevention Act Program, (July 20, 1998), IBR approved for § 63.99(a).
              (3) Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, sections 1 through 5 and sections 7 through 14, effective January 11, 1999, IBR approved for § 63.99(a).
              (4) State of Delaware Regulations Governing the Control of Air Pollution (October 2000), IBR approved for § 63.99(a).
              (5) Massachusetts Department of Environmental Protection regulations at 310 CMR 7.26(10)-(16), Air Pollution Control, effective as of September 5, 2008, corrected March 6, 2009, and 310 CMR 70.00, Environmental Results Program Certification, effective as of December 28, 2007. IBR approved for § 63.99(a).
              (6)(i) New Hampshire Regulations at Env-Sw 2100, Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, effective February 16, 2010 (including a letter from Thomas S. Burack, Commissioner, Department of Environmental Services, State of New Hampshire, to Carol J. Holahan, Director, Office of Legislative Services, dated February 12, 2010, certifying that the enclosed rule, Env-Sw 2100, is the official version of this rule), IBR approved for §  63.99(a).

              (ii) New Hampshire Code of Administrative Rules: Chapter Env-A 1800, Asbestos Management and Control, effective as of May 5, 2017 (certified with June 23, 2017 letter from Clark B. Freise, Assistant Commissioner, Department of Environmental Services, State of New Hampshire), as follows: Revision Notes #1 and #2; Part Env-A 1801-1807, excluding Env-A 1801.02(e), Env-A 1801.07, Env-A 1802.02, Env-A 1802.04, Env-A 1802.07-1802.09, Env-A 1802.13, Env-A 1802.15-1802.17, Env-A 1802.25, Env-A 1802.31, Env-A 1802.37, Env-A 1802.40, Env-A 1802.44, and Env-A 1803.05-1803.09; and Appendices B, C, and D; IBR approved for § 63.99(a).

              (7) Maine Department of Environmental Protection regulations at Chapter 125, Perchloroethylene Dry Cleaner Regulation, effective as of June 2, 1991, last amended on June 24, 2009. IBR approved for § 63.99(a).
              (8) California South Coast Air Quality Management District's “Spray Equipment Transfer Efficiency Test Procedure for Equipment User, May 24, 1989,” IBR approved for §§ 63.11173(e) and 63.11516(d).
              (9) California South Coast Air Quality Management District's “Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns, September 26, 2002,” Revision 0, IBR approved for §§ 63.11173(e) and 63.11516(d).
              (10) Rhode Island Department of Environmental Management regulations at Air Pollution Control Regulation No. 36, Control of Emissions from Organic Solvent Cleaning, effective April 8, 1996, last amended October 9, 2008, IBR approved for § 63.99(a).
              (11) Rhode Island Air Pollution Control, General Definitions Regulation, effective July 19, 2007, last amended October 9, 2008. IBR approved for § 63.99(a).

              (12) Alaska Statute 42.45.045. Renewable energy grant fund and recommendation program, available at http://www.legis.state.ak.us/basis/folio.asp, IBR approved for § 63.6675.
              (13) Vermont Air Pollution Control Regulations, Chapter 5, Air Pollution Control, section 5-253.11, Perchloroethylene Dry Cleaning, effective as of December 15, 2016. Incorporation by reference approved for § 63.99(a).

              (n) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov.

              (1) EPA-453/R-01-005, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Plants—Background Information for Proposed Standards, Final Report, January 2001, IBR approved for § 63.7491(g).
              (2) EPA-454/B-08-002, Office of Air Quality Planning and Standards (OAQPS), Quality Assurance Handbook for Air Pollution Measurement Systems, Volume IV: Meteorological Measurements, Version 2.0 (Final), March 24, 2008, IBR approved for § 63.658(d) and appendix A to this part: Method 325A.

              (3) EPA-454/R-98-015, Office of Air Quality Planning and Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, September 1997, https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF, IBR approved for §§ 63.548(e), 63.864(e), 63.7525(j), 63.8450(e), 63.8600(e), and 63.11224(f).
              (4) EPA-454/R-99-005, Office of Air Quality Planning and Standards (OAQPS), Meteorological Monitoring Guidance for Regulatory Modeling Applications, February 2000, IBR approved for appendix A to this part: Method 325A.
              (5) EPA/600/R-12/531, EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards, May 2012, IBR approved for § 63.2163(b).
              (6) EPA-625/3-89-016, Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs) and 1989 Update, March 1989. IBR approved for § 63.1513(d).
              (7) SW-846-3020A, Acid Digestion of Aqueous Samples And Extracts For Total Metals For Analysis By GFAA Spectroscopy, Revision 1, July 1992, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (8) SW-846-3050B, Acid Digestion of Sediments, Sludges, and Soils, Revision 2, December 1996, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (9) SW-846-7470A, Mercury In Liquid Waste (Manual Cold-Vapor Technique), Revision 1, September 1994, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.

              (10) SW-846-7471B, Mercury In Solid Or Semisolid Waste (Manual Cold-Vapor Technique), Revision 2, February 2007, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ.
              (11) SW-846-8015C, Nonhalogenated Organics by Gas Chromatography, Revision 3, February 2007, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for §§ 63.11960, 63.11980, and table 10 to subpart HHHHHHH.
              (12) SW-846-8260B, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS), Revision 2, December 1996, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for §§ 63.11960, 63.11980, and table 10 to subpart HHHHHHH.
              (13) SW-846-8270D, Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS), Revision 4, February 2007, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for §§ 63.11960, 63.11980, and table 10 to subpart HHHHHHH.
              (14) SW-846-8315A, Determination of Carbonyl Compounds by High Performance Liquid Chromatography (HPLC), Revision 1, December 1996, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for §§ 63.11960 and 63.11980, and table 10 to subpart HHHHHHH.
              (15) SW-846-5050, Bomb Preparation Method for Solid Waste, Revision 0, September 1994, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition IBR approved for table 6 to subpart DDDDD.
              (16) SW-846-6010C, Inductively Coupled Plasma-Atomic Emission Spectrometry, Revision 3, February 2007, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
              (17) SW-846-6020A, Inductively Coupled Plasma-Mass Spectrometry, Revision 1, February 2007, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
              (18) SW-846-7060A, Arsenic (Atomic Absorption, Furnace Technique), Revision 1, September 1994, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
              (19) SW-846-7740, Selenium (Atomic Absorption, Furnace Technique), Revision 0, September 1986, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
              (20) SW-846-9056, Determination of Inorganic Anions by Ion Chromatography, Revision 1, February 2007, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
              (21) SW-846-9076, Test Method for Total Chlorine in New and Used Petroleum Products by Oxidative Combustion and Microcoulometry, Revision 0, September 1994, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
              (22) SW-846-9250, Chloride (Colorimetric, Automated Ferricyanide AAI), Revision 0, September 1986, in EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition, IBR approved for table 6 to subpart DDDDD.
              (23) Method 200.8, Determination of Trace Elements in Waters and Wastes by Inductively Coupled Plasma—Mass Spectrometry, Revision 5.4, 1994, IBR approved for table 6 to subpart DDDDD.

              (24) Method 1631 Revision E, Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Absorption Fluorescence Spectrometry, Revision E, EPA-821-R-02-019, August 2002, IBR approved for table 6 to subpart DDDDD.

              (o) International Standards Organization (ISO), 1, ch. de la Voie-Creuse, Case postale 56, CH-1211 Geneva 20, Switzerland, + 41 22 749 01 11, http://www.iso.org/iso/home.htm.

              (1) ISO 6978-1:2003(E), Natural Gas—Determination of Mercury—Part 1: Sampling of Mercury by Chemisorption on Iodine, First edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD.
              (2) ISO 6978-2:2003(E), Natural gas—Determination of Mercury—Part 2: Sampling of Mercury by Amalgamation on Gold/Platinum Alloy, First edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD.
              (3) ISO 16017-2:2003(E): Indoor, ambient and workplace air—sampling and analysis of volatile organic compounds by sorbent tube/thermal desorption/capillary gas chromatography—Part 2: Diffusive sampling, May 15, 2003, IBR approved for appendix A to this part: Method 325A and Method 325B.

              (p) National Council of the Paper Industry for Air and Stream Improvement, Inc. (NCASI), P.O. Box 133318, Research Triangle Park, NC 27709-3318 or at http://www.ncasi.org.

              (1) NCASI Method DI/MEOH-94.03, Methanol in Process Liquids and Wastewaters by GC/FID, Issued May 2000, IBR approved for §§ 63.457 and 63.459.
              (2) NCASI Method CI/WP-98.01, Chilled Impinger Method For Use At Wood Products Mills to Measure Formaldehyde, Methanol, and Phenol, 1998, Methods Manual, IBR approved for table 4 to subpart DDDD.
              (3) NCASI Method DI/HAPS-99.01, Selected HAPs In Condensates by GC/FID, Issued February 2000, IBR approved for § 63.459(b).
              (4) NCASI Method IM/CAN/WP-99.02, Impinger/Canister Source Sampling Method for Selected HAPs and Other Compounds at Wood Products Facilities, January 2004, Methods Manual, IBR approved for table 4 to subpart DDDD.
              (5) NCASI Method ISS/FP A105.01, Impinger Source Sampling Method for Selected Aldehydes, Ketones, and Polar Compounds, December 2005, Methods Manual, IBR approved for table 4 to subpart DDDD and §§ 63.4751(i) and 63.4752(e).
              (q) National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847; or for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800.
              (1) Handbook 44, Specificiations, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices 1998, IBR approved for § 63.1303(e).
              (2) “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, Third Edition. (A suffix of “A” in the method number indicates revision one (the method has been revised once). A suffix of “B” in the method number indicates revision two (the method has been revised twice).
              (i) Method 0023A, “Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofuran Emissions from Stationary Sources,” dated December 1996, IBR approved for § 63.1208(b).
              (ii) Method 9071B, “n-Hexane Extractable Material (HEM) for Sludge, Sediment, and Solid Samples,” dated April 1998, IBR approved for § 63.7824(e).
              (iii) Method 9095A, “Paint Filter Liquids Test,” dated December 1996, IBR approved for §§ 63.7700(b) and 63.7765.
              (iv) Method 9095B, “Paint Filter Liquids Test,” (revision 2), dated November 2004, IBR approved for the definition of “Free organic liquids” in §§ 63.10692, 63.10885(a), and the definition of “Free liquids” in § 63.10906.
              (v) SW-846 74741B, Revision 2, “Mercury in Solid or Semisolid Waste (Manual Cold-Vapor Technique),” February 2007, IBR approved for § 63.11647(f).
              (3) National Institute of Occupational Safety and Health (NIOSH) test method compendium, “NIOSH Manual of Analytical Methods,” NIOSH publication no. 94-113, Fourth Edition, August 15, 1994.
              (i) NIOSH Method 2010, “Amines, Aliphatic,” Issue 2, August 15, 1994, IBR approved for § 63.7732(g).
              (ii) [Reserved]

              (r) North American Electric Reliability Corporation, 1325 G Street, NW., Suite 600, Washington, DC 20005-3801,
                http://www.nerc.com, http://www.nerc.com/files/EOP0002-3_1.pdf.

              (1) North American Electric Reliability Corporation Reliability Standard EOP-002-3, Capacity and Energy Emergencies, adopted August 5, 2010, IBR approved for § 63.6640(f).
              (2)[Reserved]

              (s) Technical Association of the Pulp and Paper Industry (TAPPI), 15 Technology Parkway South, Norcross, GA 30092, (800) 332-8686, http://www.tappi.org.

              (1) TAPPI T 266, Determination of Sodium, Calcium, Copper, Iron, and Manganese in Pulp and Paper by Atomic Absorption Spectroscopy (Reaffirmation of T 266 om-02), Draft No. 2, July 2006, IBR approved for table 6 to subpart DDDDD.
              (2) [Reserved]

              (t) Texas Commission on Environmental Quality (TCEQ) Library, Post Office Box 13087, Austin, Texas 78711-3087, telephone number (512) 239-0028, http://www.tceq.state.tx.us/assets/public/implementation/air/sip/sipdocs/2002-12-HGB/02046sipapp_ado.pdf.

              (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, January 31, 2003, IBR approved for §§ 63.654(c) and (g), 63.655(i), and 63.11920.
              (2) [Reserved]
              [79 FR 11277, Feb. 27, 2014]

                Editorial Note:
                For Federal Register citations affecting § 63.14, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

              § 63.15
              Availability of information and confidentiality.
              (a) Availability of information. (1) With the exception of information protected through part 2 of this chapter, all reports, records, and other information collected by the Administrator under this part are available to the public. In addition, a copy of each permit application, compliance plan (including the schedule of compliance), notification of compliance status, excess emissions and continuous monitoring systems performance report, and title V permit is available to the public, consistent with protections recognized in section 503(e) of the Act.
              (2) The availability to the public of information provided to or otherwise obtained by the Administrator under this part shall be governed by part 2 of this chapter.
              (b) Confidentiality. (1) If an owner or operator is required to submit information entitled to protection from disclosure under section 114(c) of the Act, the owner or operator may submit such information separately. The requirements of section 114(c) shall apply to such information.
              (2) The contents of a title V permit shall not be entitled to protection under section 114(c) of the Act; however, information submitted as part of an application for a title V permit may be entitled to protection from disclosure.

              § 63.16
              Performance Track Provisions.
              (a) Notwithstanding any other requirements in this part, an affected source at any major source or any area source at a Performance Track member facility, which is subject to regular periodic reporting under any subpart of this part, may submit such periodic reports at an interval that is twice the length of the regular period specified in the applicable subparts; provided, that for sources subject to permits under 40 CFR part 70 or 71 no interval so calculated for any report of the results of any required monitoring may be less frequent than once in every six months.
              (b) Notwithstanding any other requirements in this part, the modifications of reporting requirements in paragraph (c) of this section apply to any major source at a Performance Track member facility which is subject to requirements under any of the subparts of this part and which has:
              (1) Reduced its total HAP emissions to less than 25 tons per year;
              (2) Reduced its emissions of each individual HAP to less than 10 tons per year; and

              (3) Reduced emissions of all HAPs covered by each MACT standard to at least the level required for full compliance with the applicable emission standard.

              (c) For affected sources at any area source at a Performance Track member facility and which meet the requirements of paragraph (b)(3) of this section, or for affected sources at any major source that meet the requirements of paragraph (b) of this section:
              (1) If the emission standard to which the affected source is subject is based on add-on control technology, and the affected source complies by using add-on control technology, then all required reporting elements in the periodic report may be met through an annual certification that the affected source is meeting the emission standard by continuing to use that control technology. The affected source must continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification must meet the requirements delineated in Clean Air Act section 114(a)(3).
              (2) If the emission standard to which the affected source is subject is based on add-on control technology, and the affected source complies by using pollution prevention, then all required reporting elements in the periodic report may be met through an annual certification that the affected source is continuing to use pollution prevention to reduce HAP emissions to levels at or below those required by the applicable emission standard. The affected source must maintain records of all calculations that demonstrate the level of HAP emissions required by the emission standard as well as the level of HAP emissions achieved by the affected source. The affected source must continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification must meet the requirements delineated in Clean Air Act section 114(a)(3).
              (3) If the emission standard to which the affected source is subject is based on pollution prevention, and the affected source complies by using pollution prevention and reduces emissions by an additional 50 percent or greater than required by the applicable emission standard, then all required reporting elements in the periodic report may be met through an annual certification that the affected source is continuing to use pollution prevention to reduce HAP emissions by an additional 50 percent or greater than required by the applicable emission standard. The affected source must maintain records of all calculations that demonstrate the level of HAP emissions required by the emission standard as well as the level of HAP emissions achieved by the affected source. The affected source must continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification must meet the requirements delineated in Clean Air Act section 114(a)(3).
              (4) Notwithstanding the provisions of paragraphs (c)(1) through (3), of this section, for sources subject to permits under 40 CFR part 70 or 71, the results of any required monitoring and recordkeeping must be reported not less frequently than once in every six months.
              [69 FR 21753, Apr. 22, 2004]

              Pt. 63, Subpt. A, Table 1
              Table 1 to Subpart A of Part 63—Detection Sensitivity Levels (grams per hour)

                  Monitoring frequency per subpart a

                  Detection sensitivity level

                  Bi-Monthly
                  60

                  Semi-Quarterly
                  85

                  Monthly
                  100

                  a When this alternative work practice is used to identify leaking equipment, the owner or operator must choose one of the monitoring frequencies listed in this table, in lieu of the monitoring frequency specified in the applicable subpart. Bi-monthly means every other month. Semi-quarterly means twice per quarter. Monthly means once per month.

              [73 FR 78213, Dec. 22, 2008]

            Subpart B—Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)

              Source:
              59 FR 26449, May 20, 1994, unless otherwise noted.

              § 63.40
              Applicability of §§ 63.40 through 63.44.
              (a) Applicability. The requirements of §§ 63.40 through 63.44 of this subpart carry out section 112(g)(2)(B) of the 1990 Amendments.
              (b) Overall requirements. The requirements of §§ 63.40 through 63.44 of this subpart apply to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after the effective date of section 112(g)(2)(B) (as defined in § 63.41) and the effective date of a title V permit program in the State or local jurisdiction in which the major source is (or would be) located unless the major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to section 112(d), section 112(h), or section 112(j) and incorporated in another subpart of part 63, or the owner or operator of such major source has received all necessary air quality permits for such construction or reconstruction project before the effective date of section 112(g)(2)(B).
              (c) Exclusion for electric utility steam generating units. The requirements of this subpart do not apply to electric utility steam generating units unless and until such time as these units are added to the source category list pursuant to section 112(c)(5) of the Act.
              (d) Relationship to State and local requirements. Nothing in this subpart shall prevent a State or local agency from imposing more stringent requirements than those contained in this subpart.
              (e) Exclusion for stationary sources in deleted source categories. The requirements of this subpart do not apply to stationary sources that are within a source category that has been deleted from the source category list pursuant to section 112(c)(9) of the Act.
              (f) Exclusion for research and development activities. The requirements of this subpart do not apply to research and development activities, as defined in § 63.41.
              [61 FR 68399, Dec. 27, 1996]

              § 63.41
              Definitions.
              Terms used in this subpart that are not defined in this section have the meaning given to them in the Act and in subpart A.

                Affected source means the stationary source or group of stationary sources which, when fabricated (on site), erected, or installed meets the definition of “construct a major source” or the definition of “reconstruct a major source” contained in this section.

                Affected States are all States:
              (1) Whose air quality may be affected and that are contiguous to the State in which a MACT determination is made in accordance with this subpart; or
              (2) Whose air quality may be affected and that are within 50 miles of the major source for which a MACT determination is made in accordance with this subpart.

                Available information means, for purposes of identifying control technology options for the affected source, information contained in the following information sources as of the date of approval of the MACT determination by the permitting authority:
              (1) A relevant proposed regulation, including all supporting information;
              (2) Background information documents for a draft or proposed regulation;
              (3) Data and information available for the Control Technology Center developed pursuant to section 113 of the Act;
              (4) Data and information contained in the Aerometric Informational Retrieval System including information in the MACT data base;
              (5) Any additional information that can be expeditiously provided by the Administrator; and
              (6) For the purpose of determinations by the permitting authority, any additional information provided by the applicant or others, and any additional information considered available by the permitting authority.

                Construct a major source means:
              (1) To fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit 10 tons per year of any HAP's or 25 tons per year of any combination of HAP, or
              (2) To fabricate, erect, or install at any developed site a new process or production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, unless the process or production unit satisfies criteria in paragraphs (2) (i) through (vi) of this definition.

              (i) All HAP emitted by the process or production unit that would otherwise be controlled under the requirements of this subpart will be controlled by emission control equipment which was previously installed at the same site as the process or production unit;
              (ii) (A) The permitting authority has determined within a period of 5 years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control equipment represented best available control technology (BACT), lowest achievable emission rate (LAER) under 40 CFR part 51 or 52, toxics—best available control technology (T-BACT), or MACT based on State air toxic rules for the category of pollutants which includes those HAP's to be emitted by the process or production unit; or
              (B) The permitting authority determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT, LAER, T-BACT, or State air toxic rule MACT determination);
              (iii) The permitting authority determines that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit;
              (iv) The permitting authority has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs (2)(i), (2)(ii), and (2)(iii) of this definition apply and concerning the continued adequacy of any prior LAER, BATC, T-BACT, or State air toxic rule MACT determination;
              (v) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT determination is no longer adequate, the permitting authority has determined that the level of control required by that prior determination remains adequate; and
              (vi) Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the permitting authority are applicable requirements under section 504(a) and either have been incorporated into any existing title V permit for the affected facility or will be incorporated into such permit upon issuance.

                Control technology means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants through process changes, substitution of materials or other modifications;
              (1) Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications;
              (2) Enclose systems or processes to eliminate emissions;
              (3) Collect, capture or treat such pollutants when released from a process, stack, storage or fugitive emissions point;
              (4) Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 U.S.C. 7412(h); or
              (5) Are a combination of paragraphs (1) through (4) of this definition.

                Effective date of section 112(g)(2)(B) in a State or local jurisdiction means the effective date specified by the permitting authority at the time the permitting authority adopts a program to implement section 112(g) with respect to construction or reconstruction or major sources of HAP, or June 29, 1998 whichever is earlier.

                Electric utility steam generating unit means any fossil fuel fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A unit that co-generates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale shall be considered an electric utility steam generating unit.

                Greenfield suite means a contiguous area under common control that is an undeveloped site.

                List of Source Categories means the Source Category List required by section 112(c) of the Act.

                Maximum achievable control technology (MACT) emission limitation for new sources means the emission limitation which is not less stringent that the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of deduction in emissions that the permitting authority, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed major source.

                Notice of MACT Approval means a document issued by a permitting authority containing all federally enforceable conditions necessary to enforce the application and operation of MACT or other control technologies such that the MACT emission limitation is met.

                Permitting authority means the permitting authority as defined in part 70 or 71 of this chapter.

                Process or production unit means any collection of structures and/or equipment, that processes assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one process or production unit.

                Reconstruct a major source means the replacement of components at an existing process or production unit that in and of itself emits or has that potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, whenever:
              (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production unit; and
              (2) It is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established under this subpart.

                Research and development activities means activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.

                Similar source means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major source such that the source could be controlled using the same control technology.
              [61 FR 68399, Dec. 27, 1996]

              § 63.42
              Program requirements governing construction or reconstruction of major sources.
              (a) Adoption of program. Each permitting authority shall review its existing programs, procedures, and criteria for preconstruction review for conformity to the requirements established by §§ 63.40 through 63.44, shall make any additions and revisions to its existing programs, procedures, and criteria that the permitting authority deems necessary to properly effectuate §§ 63.40 through 63.44, and shall adopt a program to implement section 112(g) with respect to construction or reconstruction of major sources of HAP. As part of the adoption by the permitting authority of a program to implement section 112(g) with respect to construction or reconstruction of major sources of HAP, the chief executive officer of the permitting authority shall certify that the program satisfies all applicable requirements established by §§ 63.40 through 63.44, and shall specify an effective date for that program which is not later than June 29, 1998. Prior to the specified effective date, the permitting authority shall publish a notice stating that the permitting authority has adopted a program to implement section 112(g) with respect to construction or reconstruction of major sources of HAP and stating the effective date, and shall provide a written description of the program to the Administrator through the appropriate EPA Regional Office. Nothing in this section shall be construed either:

              (1) To require that any owner or operator of a stationary source comply with any requirement adopted by the permitting authority which is not intended to implement section 112(g) with respect to construction or reconstruction of major sources of HAP; or

              (2) To preclude the permitting authority from enforcing any requirements not intended to implement section 112(g) with respect to construction or reconstruction of major sources of HAP under any other provision of applicable law.
              (b) Failure to adopt program. In the event that the permitting authority fails to adopt a program to implement section 112(g) with respect to construction or reconstruction of major sources of HAP with an effective date on or before June 29, 1998, and the permitting authority concludes that it is able to make case-by-case MACT determinations which conform to the provisions of § 63.43 in the absence of such a program, the permitting authority may elect to make such determinations. However, in those instances where the permitting authority elects to make case-by-case MACT determinations in the absence of a program to implement section 112(g) with respect to construction or reconstruction of major sources of HAP, no such case-by-case MACT determination shall take effect until after it has been submitted by the permitting authority in writing to the appropriate EPA Regional Adminstrator and the EPA Regional Administrator has concurred in writing that the case-by-case MACT determination by the permitting authority is in conformity with all requirements established by §§ 63.40 through 63.44. In the event that the permitting authority fails to adopt a program to implement section 112(g) with respect to construction or reconstruction of major sources of HAP with an effective date on or before June 29, 1998, and the permitting authority concludes that it is unable to make case-by-case MACT determinations in the absence of such a program, the permitting authority may request that the EPA Regional Administrator implement a transitional program to implement section 112(g) with respect to construction or reconstruction of major sources of HAP in the affected State of local jurisdiction while the permitting authority completes development and adoption of a section 112(g) program. Any such transitional section 112(g) program implemented by the EPA Regional Administrator shall conform to all requirements established by §§ 63.40 through 63.44, and shall remain in effect for no more than 30 months. Continued failure by the permitting authority to adopt a program to implement section 112(g) with respect to construction or reconstruction of major sources of HAP shall be construed as a failure by the permitting authority to adequately administer and enforce its title V permitting program and shall constitute cause by EPA to apply the sanctions and remedies set forth in the Clean Air Act section 502(I).
              (c) Prohibition. After the effective date of section 112(g)(2)(B) (as defined in § 63.41) in a State or local jurisdiction and the effective date of the title V permit program applicable to that State or local jurisdiction, no person may begin actual construction or reconstruction of a major source of HAP in such State or local jurisdiction unless:
              (1) The major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to section 112(d), section 112(h) or section 112(j) in part 63, and the owner and operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in subpart A of this part 63; or
              (2) The permitting authority has made a final and effective case-by-case determination pursuant to the provisions of § 63.43 such that emissions from the constructed or reconstructed major source will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.
              [61 FR 68400, Dec. 27, 1996, as amended at 64 FR 35032, June 30, 1999]

              § 63.43
              Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources.
              (a) Applicability. The requirements of this section apply to an owner or operator who constructs or reconstructs a major source of HAP subject to a case-by-case determination of maximum achievable control technology pursuant to § 63.42(c).
              (b) Requirements for constructed and reconstructed major sources. When a case-by-case determination of MACT is required by § 63.42(c), the owner and operator shall obtain from the permitting authority an approved MACT determination according to one of the review options contained in paragraph (c) of this section.
              (c) Review options. (1) When the permitting authority requires the owner or operator to obtain, or revise, a permit issued pursuant to title V of the Act before construction or reconstruction of the major source, or when the permitting authority allows the owner or operator at its discretion to obtain or revise such a permit before construction or reconstruction, and the owner or operator elects that option, the owner or operator shall follow the administrative procedures in the program approved under title V of the Act (or in other regulations issued pursuant to title V of the Act, where applicable).
              (2) When an owner or operator is not required to obtain or revise a title V permit (or other permit issued pursuant to title V of the Act) before construction or reconstruction, the owner or operator (unless the owner or operator voluntarily follows the process to obtain a title V permit) shall either, at the discretion of the permitting authority:
              (i) Apply for and obtain a Notice of MACT Approval according to the procedures outlined in paragraphs (f) through (h) of this section; or
              (ii) Apply for a MACT determination under any other administrative procedures for preconstruction review and approval established by the permitting authority for a State or local jurisdiction which provide for public participation in the determination, and ensure that no person may begin actual construction or reconstruction of a major source in that State or local jurisdiction unless the permitting authority determines that the MACT emission limitation for new sources will be met.
              (3) When applying for a permit pursuant to title V of the Act, an owner or operator may request approval of case-by-case MACT determinations for alternative operating scenarios. Approval of such determinations satisfies the requirements of section 112(g) of each such scenario.
              (4) Regardless of the review process, the MACT emission limitation and requirements established shall be effective as required by paragraph (j) of this section, consistent with the principles established in paragraph (d) of this section, and supported by the information listed in paragraph (e) of this section. The owner or operator shall comply with the requirements in paragraphs (k) and (l) of this section, and with all applicable requirements in subpart A of this part.
              (d) Principles of MACT determinations. The following general principles shall govern preparation by the owner or operator of each permit application or other application requiring a case-by-case MACT determination concerning construction or reconstruction of a major source, and all subsequent review of and actions taken concerning such an application by the permitting authority:
              (1) The MACT emission limitation or MACT requirements recommended by the applicant and approved by the permitting authority shall not be less stringent than the emission control which is achieved in practice by the best controlled similar source, as determined by the permitting authority.
              (2) Based upon available information, as defined in this subpart, the MACT emission limitation and control technology (including any requirements under paragraph (d)(3) of this section) recommended by the applicant and approved by the permitting authority shall achieve the maximum degree of reduction in emissions of HAP which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.

              (3) The applicant may recommend a specific design, equipment, work practice, or operational standard, or a combination thereof, and the permitting authority may approve such a standard if the permitting authority specifically determines that it is not feasible to prescribe or enforce an emission limitation under the criteria set forth in section 112(h)(2) of the Act.
              (4) If the Administrator has either proposed a relevant emission standard pursuant to section 112(d) or section 112(h) of the Act or adopted a presumptive MACT determination for the source category which includes the constructed or reconstructed major source, then the MACT requirements applied to the constructed or reconstructed major source shall have considered those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination.
              (e) Application requirements for a case-by-case MACT determination. (1) An application for a MACT determination (whether a permit application under title V of the Act, an application for a Notice of MACT Approval, or other document specified by the permitting authority under paragraph (c)(2)(ii) of this section) shall specify a control technology selected by the owner or operator that, if properly operated and maintained, will meet the MACT emission limitation or standard as determined according to the principles set forth in paragraph (d) of this section.
              (2) In each instance where a constructed or reconstructed major source would require additional control technology or a change in control technology, the application for a MACT determination shall contain the following information:
              (i) The name and address (physical location) of the major source to be constructed or reconstructed;
              (ii) A brief description of the major source to be constructed or reconstructed and identification of any listed source category or categories in which it is included;
              (iii) The expected commencement date for the construction or reconstruction of the major source;
              (iv) The expected completion date for construction or reconstruction of the major source;
              (v) the anticipated date of start-up for the constructed or reconstructed major source;
              (vi) The HAP emitted by the constructed or reconstructed major source, and the estimated emission rate for each such HAP, to the extent this information is needed by the permitting authority to determine MACT;
              (vii) Any federally enforceable emission limitations applicable to the constructed or reconstructed major source;
              (viii) The maximum and expected utilization of capacity of the constructed or reconstructed major source, and the associated uncontrolled emission rates for that source, to the extent this information is needed by the permitting authority to determine MACT;
              (ix) The controlled emissions for the constructed or reconstructed major source in tons/yr at expected and maximum utilization of capacity, to the extent this information is needed by the permitting authority to determine MACT;
              (x) A recommended emission limitation for the constructed or reconstructed major source consistent with the principles set forth in paragraph (d) of this section;
              (xi) The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, estimated control efficiency of the control technology (and the manufacturer's name, address, telephone number, and relevant specifications and drawings, if requested by the permitting authority);
              (xii) Supporting documentation including identification of alternative control technologies considered by the applicant to meet the emission limitation, and analysis of cost and non-air quality health environmental impacts or energy requirements for the selected control technology; and
              (xiii) Any other relevant information required pursuant to subpart A.
              (3) In each instance where the owner or operator contends that a constructed or reconstructed major source will be in compliance, upon startup, with case-by-case MACT under this subpart without a change in control technology, the application for a MACT determination shall contain the following information:

              (i) The information described in paragraphs (e)(2)(i) through (e)(2)(x) of this section; and

              (ii) Documentation of the control technology in place.
              (f) Administrative procedures for review of the Notice of MACT Approval. (1) The permitting authority will notify the owner or operator in writing, within 45 days from the date the application is first received, as to whether the application for a MACT determination is complete or whether additional information is required.
              (2) The permitting authority will initially approve the recommended MACT emission limitation and other terms set forth in the application, or the permitting authority will notify the owner or operator in writing of its intent to disapprove the application, within 30 calendar days after the owner or operator is notified in writing that the application is complete.
              (3) The owner or operator may present, in writing, within 60 calendar days after receipt of notice of the permitting authority's intent to disapprove the application, additional information or arguments pertaining to, or amendments to, the application for consideration by the permitting authority before it decides whether to finally disapprove the application.
              (4) The permitting authority will either initially approve or issue a final disapproval of the application within 90 days after it notifies the owner or operator of an intent to disapprove or within 30 days after the date additional information is received from the owner or operator; whichever is earlier.
              (5) A final determination by the permitting authority to disapprove any application will be in writing and will specify the grounds on which the disapproval is based. If any application is finally disapproved, the owner or operator may submit a subsequent application concerning construction or reconstruction of the same major source, provided that the subsequent application has been amended in response to the stated grounds for the prior disapproval.
              (6) An initial decision to approve an application for a MACT determination will be set forth in the Notice of MACT Approval as described in paragraph (g) of this section.
              (g) Notice of MACT Approval. (1) The Notice of MACT Approval will contain a MACT emission limitation (or a MACT work practice standard if the permitting authority determines it is not feasible to prescribe or enforce an emission standard) to control the emissions of HAP. The MACT emission limitation or standard will be determined by the permitting authority and will conform to the principles set forth in paragraph (d) of this section.
              (2) The Notice of MACT Approval will specify any notification, operation and maintenance, performance testing, monitoring, reporting and record keeping requirements. The Notice of MACT Approval shall include:
              (i) In addition to the MACT emission limitation or MACT work practice standard established under this subpart, additional emission limits, production limits, operational limits or other terms and conditions necessary to ensure Federal enforceability of the MACT emission limitation;
              (ii) Compliance certifications, testing, monitoring, reporting and record keeping requirements that are consistent with the requirements of § 70.6(c) of this chapter;
              (iii) In accordance with section 114(a)(3) of the Act, monitoring shall be capable of demonstrating continuous compliance during the applicable reporting period. Such monitoring data shall be of sufficient quality to be used as a basis for enforcing all applicable requirements established under this subpart, including emission limitations;
              (iv) A statement requiring the owner or operator to comply with all applicable requirements contained in subpart A of this part;
              (3) All provisions contained in the Notice of MACT Approval shall be federally enforceable upon the effective date of issuance of such notice, as provided by paragraph (j) of this section.
              (4) The Notice of MACT Approval shall expire if construction or reconstruction has not commenced within 18 months of issuance, unless the permitting authority has granted an extension which shall not exceed an additional 12 months.
              (h) Opportunity for public comment on the Notice of MACT Approval. (1) The permitting authority will provide opportunity for public comment on the Notice of MACT Approval, including, at a minimum:
              (i) Availability for public inspection in at least one location in the area affected of the information submitted by the owner or operator and of the permitting authority's initial decision to approve the application;
              (ii) A 30-day period for submittal of public comment; and
              (iii) A notice by prominent advertisement in the area affected of the location of the source information and initial decision specified in paragraph (h)(1)(i) of this section.
              (2) At the discretion of the permitting authority, the Notice of MACT Approval setting forth the initial decision to approve the application may become final automatically at the end of the comment period if no adverse comments are received. If adverse comments are received, the permitting authority shall have 30 days after the end of the comment period to make any necessary revisions in its analysis and decide whether to finally approve the application.
              (i) EPA notification. The permitting authority shall send a copy of the final Notice of MACT Approval, notice of approval of a title V permit application incorporating a MACT determination (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or other notice of approval issued pursuant to paragraph (c)(2)(ii) of this section to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in affected States.
              (j) Effective date. The effective date of a MACT determination shall be the date the Notice of MACT Approval becomes final, the date of issuance of a title V permit incorporating a MACT determination (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or the date any other notice of approval issued pursuant to paragraph (c)(2)(ii) of this section becomes final.
              (k) Compliance date. On and after the date of start-up, a constructed or reconstructed major source which is subject to the requirements of this subpart shall be in compliance with all applicable requirements specified in the MACT determination.
              (l) Compliance with MACT determinations. (1) An owner or operator of a constructed or reconstructed major source that is subject to a MACT determination shall comply with all requirements in the final Notice of MACT Approval, the title V permit (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or any other final notice of approval issued pursuant to paragraph (c)(2)(ii) of this section, including but not limited to any MACT emission limitation or MACT work practice standard, and any notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements.
              (2) An owner or operator of a constructed or reconstructed major source which has obtained a MACT determination shall be deemed to be in compliance with section 112(g)(2)(B) of the Act only to the extent that the constructed or reconstructed major source is in compliance with all requirements set forth in the final Notice of MACT Approval, the title V permit (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or any other final notice of approval issued pursuant to paragraph (c)(2)(ii) of this section. Any violation of such requirements by the owner or operator shall be deemed by the permitting authority and by EPA to be a violation of the prohibition on construction or reconstruction in section 112(g)(2)(B) for whatever period the owner or operator is determined to be in violation of such requirements, and shall subject the owner or operator to appropriate enforcement action under the Act.
              (m) Reporting to the Administrator. Within 60 days of the issuance of a final Notice of MACT Approval, a title V permit incorporating a MACT determination (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or any other final notice of approval issued pursuant to paragraph (c)(2)(ii) of this section, the permitting authority shall provide a copy of such notice to the Administrator, and shall provide a summary in a compatible electronic format for inclusion in the MACT data base.
              [61 FR 68401, Dec. 27, 1996]

              § 63.44
              Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement.
              (a) If the Administrator promulgates an emission standard under section 112(d) or section 112(h) of the Act or the permitting authority issues a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which would be deemed to be a constructed or reconstructed major source under this subpart before the date that the owner or operator has obtained a final and legally effective MACT determination under any of the review options available pursuant to § 63.43, the owner or operator of the source(s) shall comply with the promulgated standard or determination rather than any MACT determination under section 112(g) by the permitting authority, and the owner or operator shall comply with the promulgated standard by the compliance date in the promulgated standard.
              (b) If the Administrator promulgates an emission standard under section 112(d) or section 112(h) of the Act or the permitting authority makes a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under this subpart and has been subject to a prior case-by-case MACT determination pursuant to § 63.43, and the owner and operator obtained a final and legally effective case-by-case MACT determination prior to the promulgation date of such emission standard, then the permitting authority shall (if the initial title V permit has not yet been issued) issue an initial operating permit which incorporates the emission standard or determination, or shall (if the initial title V permit has been issued) revise the operating permit according to the reopening procedures in 40 CFR part 70 or part 71, whichever is relevant, to incorporate the emission standard or determination.
              (1) The EPA may include in the emission standard established under section 112(d) or section 112(h) of the Act a specific compliance date for those sources which have obtained a final and legally effective MACT determination under this subpart and which have submitted the information required by § 63.43 to the EPA before the close of the public comment period for the standard established under section 112(d) of the Act. Such date shall assure that the owner or operator shall comply with the promulgated standard as expeditiously as practicable, but not longer than 8 years after such standard is promulgated. In that event, the permitting authority shall incorporate the applicable compliance date in the title V operating permit.
              (2) If no compliance date has been established in the promulgated 112(d) or 112(h) standard or section 112(j) determination, for those sources which have obtained a final and legally effective MACT determination under this subpart, then the permitting authority shall establish a compliance date in the permit that assures that the owner or operator shall comply with the promulgated standard or determination as expeditiously as practicable, but not longer than 8 years after such standard is promulgated or a section 112(j) determination is made.

              (c) Notwithstanding the requirements of paragraphs (a) and (b) of this section, if the Administrator promulgates an emission standard under section 112(d) or section 112(h) of the Act or the permitting authority issues a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under this subpart and which is the subject of a prior case-by-case MACT determination pursuant to § 63.43, and the level of control required by the emission standard issued under section 112(d) or section 112(h) or the determination issued under section 112(j) is less stringent than the level of control required by any emission limitation or standard in the prior MACT determination, the permitting authority is not required to incorporate any less stringent terms of the promulgated standard in the title V operating permit applicable to such source(s) and may in its discretion consider any more stringent provisions of the prior MACT determination to be applicable legal requirements when issuing or revising such an operating permit.
              [61 FR 68404, Dec. 27, 1996]

              §§ 63.45-63.49
              [Reserved]

              § 63.50
              Applicability.
              (a) General applicability. (1) The requirements of this section through § 63.56 implement section 112(j) of the Clean Air Act (as amended in 1990). The requirements of this section through § 63.56 apply in each State beginning on the effective date of an approved title V permit program in such State. The requirements of this section through § 63.56 do not apply to research or laboratory activities as defined in § 63.51.
              (2) The requirements of this section through § 63.56 apply to:
              (i) The owner or operator of affected sources within a source category or subcategory under this part that are located at a major source that is subject to an approved title V permit program and for which the Administrator has failed to promulgate emission standards by the section 112(j) deadlines. If title V applicability has been deferred for a source category, then section 112(j) is not applicable for sources in that category within that State, local or tribal jurisdiction until those sources become subject to title V permitting requirements; and
              (ii) Permitting authorities with an approved title V permit program.
              (b) Relationship to State and local requirements. Nothing in §§ 63.50 through 63.56 shall prevent a State or local regulatory agency from imposing more stringent requirements, as a matter of State or local law, than those contained in §§ 63.50 through 63.56.
              (c) The procedures in §§ 63.50 through 63.56 apply for each affected source only after the section 112(j) deadline for the source category or subcategory in question has passed, and only until such time as a generally applicable Federal standard governing that source has been promulgated under section 112(d) or 112(h) of the Act. Once a generally applicable Federal standard governing that source has been promulgated, the owner or operator of the affected source and the permitting authority are not required to take any further actions to develop an equivalent emission limitation under section 112(j) of the Act.
              (d) Any final equivalent emission limitation for an affected source which is issued by the permitting authority pursuant to §§ 63.50 through 63.56 prior to promulgation of a generally applicable Federal standard governing that source under section 112(d) or 112(h) of the Act shall be deemed an applicable Federal requirement adopted pursuant to section 112(j) of the Act. Each such equivalent emission limitation shall take effect upon issuance of the permit containing that limitation under section 112(j)(5) of the Act, and shall remain applicable to the source until such time as it may be revised or supplanted pursuant to the procedures established by §§ 63.50 through 63.56. Such a final equivalent emission limitation, and all associated requirements adopted pursuant to § 63.52(f)(2), are directly enforceable under Federal law regardless of whether or not any permit in which they may be contained remains in effect.
              [59 FR 26449, May 20, 1994, as amended at 67 FR 16605, Apr. 5, 2002; 68 FR 32601, May 30, 2003]

              § 63.51
              Definitions.
              Terms used in §§ 63.50 through 63.56 that are not defined in this section have the meaning given to them in the Act, or in subpart A of this part.

                Affected source means the collection of equipment, activities, or both within a single contiguous area and under common control that is in a section 112(c) source category or subcategory for which the Administrator has failed to promulgate an emission standard by the section 112(j) deadline, and that is addressed by an applicable MACT emission limitation established pursuant to this subpart.

                Available information means, for purposes of conducting a MACT floor finding and identifying control technology options under this subpart, any information that is available as of the date on which the first Part 2 MACT application is filed for a source in the relevant source category or subcategory in the State or jurisdiction; and, pursuant to the requirements of this subpart, is additional relevant information that can be expeditiously provided by the Administrator, is submitted by the applicant or others prior to or during the public comment period on the section 112(j) equivalent emission limitation for that source, or information contained in the information sources in paragraphs (1) through (5) of this definition.
              (1) A relevant proposed regulation, including all supporting information;
              (2) Relevant background information documents for a draft or proposed regulation.
              (3) Any relevant regulation, information or guidance collected by the Administrator establishing a MACT floor finding and/or MACT determination.
              (4) Relevant data and information available from the Clean Air Technology Center developed pursuant to section 112(l)(3) of the Act.
              (5) Relevant data and information contained in the Aerometric Information Retrieval System (AIRS).
              (6) Any additional information that can be expeditiously provided by the Administrator, and
              (7) Any information provided by applicants in an application for a permit, permit modification, administrative amendment, or Notice of MACT Approval pursuant to the requirements of this subpart.
              (8) Any additional relevant information provided by the applicant.

                Control technology means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants including, but not limited to, measures which:
              (1) Reduce the quantity, or eliminate emissions, of such pollutants through process changes, substitution of materials or other modifications;
              (2) Enclose systems or processes to eliminate emissions;
              (3) Collect, capture, or treat such pollutants when released from a process, stack, storage or fugitive emissions point;
              (4) Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 U.S.C. 7412(h); or
              (5) Are a combination of paragraphs (1) through (4) of this definition.

                Enhanced review means a review process containing all administrative steps needed to ensure that the terms and conditions resulting from the review process can be incorporated using title V permitting procedures.

                Equivalent emission limitation means an emission limitation, established under section 112(j) of the Act, which is equivalent to the MACT standard that EPA would have promulgated under section 112(d) or (h) of the Act.

                Maximum achievable control technology (MACT) emission limitation for existing sources means the emission limitation reflecting the maximum degree of reduction in emissions of hazardous air pollutants (including a prohibition on such emissions, where achievable) that the Administrator, taking into consideration the cost of achieving such emission reductions, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the category or subcategory to which such emission standard applies. This limitation shall not be less stringent than the MACT floor.

                Maximum achievable control technology (MACT) emission limitation for new sources means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions of hazardous air pollutants (including a prohibition on such emissions, where achievable) that the Administrator, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by sources in the category or subcategory to which such emission standard applies.

                Maximum Achievable Control Technology (MACT) floor means:
              (1) For existing sources:

              (i) The average emission limitation achieved by the best performing 12 percent of the existing sources in the United States (for which the Administrator has emissions information), excluding those sources that have, within 18 months before the emission standard is proposed or within 30 months before such standard is promulgated, whichever is later, first achieved a level of emission rate or emission reduction which complies, or would comply if the source is not subject to such standard, with the lowest achievable emission rate (as defined in section 171 of the Act) applicable to the source category and prevailing at the time, in the category or subcategory, for categories and subcategories of stationary sources with 30 or more sources; or
              (ii) The average emission limitation achieved by the best performing five sources (for which the Administrator has or could reasonably obtain emissions information) in the category or subcategory, for categories or subcategories with fewer than 30 sources;
              (2) For new sources, the emission limitation achieved in practice by the best controlled similar source.

                New affected source means the collection of equipment, activities, or both, that if constructed after the issuance of a section 112(j) permit for the source pursuant to § 63.52, is subject to the applicable MACT emission limitation for new sources. Each permit must define the term “new affected source,” which will be the same as the “affected source” unless a different collection is warranted based on consideration of factors including:
              (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.

                Permitting authority means the permitting authority as defined in part 70 of this chapter.

                Research or laboratory activities means activities whose primary purpose is to conduct research and development into new processes and products where such activities are operated under the close supervision of technically trained personnel and are not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner; and where the source is not in a source category, specifically addressing research or laboratory activities, that is listed pursuant to section 112(c)(7) of the Act.

                Section 112(j) deadline means the date 18 months after the date for which a relevant standard is scheduled to be promulgated under this part, except that for all major sources listed in the source category schedule for which a relevant standard is scheduled to be promulgated by November 15, 1994, the section 112(j) deadline is November 15, 1996, and for all major sources listed in the source category schedule for which a relevant standard is scheduled to be promulgated by November 15, 1997, the section 112(j) deadline is December 15, 1999.

                Similar source means that equipment or collection of equipment that, by virtue of its structure, operability, type of emissions and volume and concentration of emissions, is substantially equivalent to the new affected source and employs control technology for control of emissions of hazardous air pollutants that is practical for use on the new affected source.

                Source category schedule for standards means the schedule for promulgating MACT standards issued pursuant to section 112(e) of the Act.
              [59 FR 26449, May 20, 1994, as amended at 61 FR 21372, May 10, 1996; 64 FR 26314, May 14, 1999; 67 FR 16605, Apr. 5, 2002]

              § 63.52
              Approval process for new and existing affected sources.
              (a) Sources subject to section 112(j) as of the section 112(j) deadline. The requirements of paragraphs (a)(1) and (2) of this section apply to major sources that include, as of the section 112(j) deadline, one or more sources in a category or subcategory for which the Administrator has failed to promulgate an emission standard under this part on or before an applicable section 112(j) deadline. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued to the source pursuant to the requirements of the subpart, must apply to such sources.
              (1) The owner or operator must submit an application for a title V permit or for a revision to an existing title V permit or a pending title V permit meeting the requirements of § 63.53(a) by the section 112(j) deadline if the owner or operator can reasonably determine that one or more sources at the major source belong in the category or subcategory subject to section 112(j).
              (2) If an application was not submitted under paragraph (a)(1) of this section and if notified by the permitting authority, the owner or operator must submit an application for a title V permit or for a revision to an existing title V permit or a pending title V permit meeting the requirements of § 63.53(a) within 30 days after being notified in writing by the permitting authority that one or more sources at the major source belong to such category or subcategory. Permitting authorities are not required to make such notification.
              (3) The requirements in paragraphs (a)(3)(i) through (ii) of this section apply when the owner or operator has obtained a title V permit that incorporates a case-by-case MACT determination by the permitting authority under section 112(g) or has submitted a title V permit application for a revision that incorporates a case-by-case MACT determination under section 112(g), but has not submitted an application for a title V permit revision that addresses the emission limitation requirements of section 112(j).
              (i) When the owner or operator has a title V permit that incorporates a case-by-case MACT determination by the permitting authority under section 112(g), the owner or operator must submit an application meeting the requirements of § 63.53(a) for a title V permit revision within 30 days of the section 112(j) deadline or within 30 days of being notified in writing by the permitting authority that one or more sources at the major source belong in such category or subcategory. Using the procedures established in paragraph (e) of this section, the permitting authority must determine whether the emission limitations adopted pursuant to the prior case-by-case MACT determination under section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt pursuant to section 112(j) for the source in question. If the permitting authority determines that the emission limitations previously adopted to effectuate section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt to effectuate section 112(j) for the source, then the permitting authority must retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j). The title V permit applicable to that source must be revised accordingly. If the permitting authority does not retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j), the MACT requirements of this subpart are satisfied upon issuance of a revised title V permit incorporating any additional section 112(j) requirements.

              (ii) When the owner or operator has submitted a title V permit application that incorporates a case-by-case MACT determination by the permitting authority under section 112(g), but has not received the permit incorporating the section 112(g) requirements, the owner or operator must continue to pursue a title V permit that addresses the emission limitation requirements of section 112(g). Within 30 days of issuance of that title V permit, the owner or operator must submit an application meeting the requirements of § 63.53(a) for a change to the existing title V permit. Using the procedures established in paragraph (e) of this section, the permitting authority must determine whether the emission limitations adopted pursuant to the prior case-by-case MACT determination under section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt pursuant to section 112(j) for the source in question. If the permitting authority determines that the emission limitations previously adopted to effectuate section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt to effectuate section 112(j) for the source, then the permitting authority must retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j). The title V permit applicable to that source must be revised accordingly. If the permitting authority does not retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j), the MACT requirements of this subpart are satisfied upon issuance of a revised title V permit incorporating any additional section 112(j) requirements.
              (b) Sources that become subject to section 112(j) after the section 112(j) deadline and that do not have a title V permit addressing section 112(j) requirements. The requirements of paragraphs (b)(1) through (4) of this section apply to sources that do not meet the criteria in paragraph (a) of this section on the section 112(j) deadline and are, therefore, not subject to section 112(j) on that date, but where events occur subsequent to the section 112(j) deadline that would bring the source under the requirements of this subpart, and the source does not have a title V permit that addresses the requirements of section 112(j).
              (1) When one or more sources in a category or subcategory subject to the requirements of this subpart are installed at a major source, or result in the source becoming a major source due to the installation, and the installation does not invoke section 112(g) requirements, the owner or operator must submit an application meeting the requirements of § 63.53(a) within 30 days of startup of the source. This application shall be reviewed using the procedures established in paragraph (e) of this section. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued pursuant to the requirements of this subpart, shall apply to such sources.
              (2) The requirements in this paragraph apply when one or more sources in a category or subcategory subject to this subpart are installed at a major source, or result in the source becoming a major source due to the installation, and the installation does require emission limitations to be established and permitted under section 112(g), and the owner or operator has not submitted an application for a title V permit revision that addresses the emission limitation requirements of section 112(j). In this case, the owner or operator must apply for and obtain a title V permit that addresses the emission limitation requirements of section 112(g). Within 30 days of issuance of that title V permit, the owner or operator must submit an application meeting the requirements of § 63.53(a) for a revision to the existing title V permit. Using the procedures established in paragraph (e) of this section, the permitting authority must determine whether the emission limitations adopted pursuant to the prior case-by-case MACT determination under section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt pursuant to section 112(j) for the source in question. If the permitting authority determines that the emission limitations previously adopted to effectuate section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt to effectuate section 112(j) for the source, then the permitting authority must retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j). The title V permit applicable to that source must be revised accordingly. If the permitting authority does not retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j), the MACT requirements of this subpart are satisfied upon issuance of a revised title V permit incorporating any additional section 112(j) requirements.

              (3) The owner or operator of an area source that, due to a relaxation in any federally enforceable emission limitation (such as a restriction on hours of operation), increases its potential to emit hazardous air pollutants such that the source becomes a major source that is subject to this subpart, must submit an application meeting the requirements of § 63.53(a) for a title V permit or for an application for a title V permit revision within 30 days after the date that such source becomes a major source. This application must be reviewed using the procedures established in paragraph (e) of this section. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued pursuant to the requirements of this subpart, must apply to such sources.
              (4) On or after April 5, 2002, if the Administrator establishes a lesser quantity emission rate under section 112(a)(1) of the Act that results in an area source becoming a major source that is subject to this subpart, then the owner or operator of such a major source must submit an application meeting the requirements of § 63.53(a) for a title V permit or for a change to an existing title V permit or pending title V permit on or before the date 6 months after the date that such source becomes a major source. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued pursuant to the requirements of this subpart, shall apply to such sources.
              (c) Sources that have a title V permit addressing section 112(j) requirements. The requirements of paragraphs (c)(1) and (2) of this section apply to major sources that include one or more sources in a category or subcategory for which the Administrator fails to promulgate an emission standard under this part on or before an applicable section 112(j) deadline, and the owner or operator has a permit meeting the section 112(j) requirements, and where changes occur at the major source to equipment, activities, or both, subsequent to the section 112(j) deadline.
              (1) If the title V permit already provides the appropriate requirements that address the events that occur under paragraph (c) of this section subsequent to the section 112(j) deadline, then the source must comply with the applicable new source MACT or existing source MACT requirements as specified in the permit, and the section 112(j) requirements are thus satisfied.
              (2) If the title V permit does not contain the appropriate requirements that address the events that occur under paragraph (c) of this section subsequent to the section 112(j) deadline, then the owner or operator must submit an application for a revision to the existing title V permit that meets the requirements of § 63.53(a). The application must be submitted within 30 days of beginning construction and must be reviewed using the procedures established in paragraph (e) of this section. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued pursuant to the requirements of this subpart, shall apply to such sources.
              (d) Requests for applicability determination or notice of MACT approval. (1) An owner or operator who is unsure of whether one or more sources at a major source belong in a category or subcategory for which the Administrator has failed to promulgate an emission standard under this part may, on or before an applicable section 112(j) deadline, request an applicability determination from the permitting authority by submitting an application meeting the requirements of § 63.53(a) by the applicable deadlines specified in paragraphs (a), (b), or (c) of this section.
              (2) In addition to meeting the requirements of paragraphs (a), (b), and (c) of this section, the owner or operator of a new affected source may submit an application for a Notice of MACT Approval before construction, pursuant to § 63.54.
              (e) Permit application review. (1) Each owner or operator who is required to submit to the permitting authority a Part 1 MACT application which meets the requirements of § 63.53(a) for one or more sources in a category or subcategory subject to section 112(j) must also submit to the permitting authority a timely Part 2 MACT application for the same sources which meets the requirements of § 63.53(b). Each owner or operator shall submit the Part 2 MACT application for the sources in a particular category or subcategory no later than the applicable date specified in table 1 to this subpart. The submission date specified in table 1 to this subpart for Miscellaneous Organic Chemical Manufacturing shall apply to sources in each of the source categories listed in table 2 to this subpart. When the owner or operator is required by §§ 63.50 through 63.56 to submit an application meeting the requirements of § 63.53(a) by a date which is after the date for a Part 2 MACT application for sources in the category or subcategory in question established by table 1 to this subpart, the owner or operator shall submit a Part 2 MACT application meeting the requirements of § 63.53(b) within 60 additional days after the applicable deadline for submission of the Part 1 MACT application. Part 2 MACT applications must be reviewed by the permitting authority according to procedures established in § 63.55. The resulting MACT determination must be incorporated into the source's title V permit according to procedures established under title V, and any other regulations approved under title V in the jurisdiction in which the affected source is located.
              (2) Notwithstanding paragraph (e)(1) of this section, the owner or operator may request either an applicability determination or an equivalency determination by the permitting authority as provided in paragraphs (e)(2)(i) and (ii) of this section.

              (i) Each owner or operator who submitted a request for an applicability determination pursuant to paragraph (d)(1) of this section on or before May 15, 2002, which remains pending before the permitting authority on May 30, 2003, and who still wishes to obtain such a determination, must resubmit that request by July 29, 2003, or by the date which is 60 days after the Administrator publishes in the Federal Register a proposed standard under section 112(d) or 112(h) of the Act for the category or subcategory in question, whichever is later. Each request for an applicability determination which is resubmitted under this paragraph (e)(2)(i) must be supplemented to discuss the relation between the source(s) in question and the applicability provision in the proposed standard for the category or subcategory in question, and to explain why there may still be uncertainties that require a determination of applicability. The permitting authority must take action upon each properly resubmitted and supplemented request for an applicability determination within an additional 60 days after the applicable deadline for the resubmitted request. If the applicability determination is positive, the owner or operator must submit a Part 2 MACT application meeting the requirements of § 63.53(b) by the date specified for the category or subcategory in question in Table 1 to this subpart. If the applicability determination is negative, then no further action by the owner or operator is necessary.

              (ii) As specified in paragraphs (a) and (b) of this section, an owner or operator who has submitted an application meeting the requirements of § 63.53(a) may request a determination by the permitting authority of whether emission limitations adopted pursuant to a prior case-by-case MACT determination under section 112(g) that apply to one or more sources at a major source in a relevant category or subcategory are substantially as effective as the emission limitations which the permitting authority would otherwise adopt pursuant to section 112(j) for the source in question. Such a request must be submitted by the date for the category or subcategory in question specified in Table 1 to this subpart. Any owner or operator who previously submitted such a request under a prior version of this paragraph (e)(2)(ii) need not resubmit the request. Each request for an equivalency determination under this paragraph (e)(2)(ii), regardless of when it was submitted, will be construed in the alternative as a complete application for an equivalent emission limitation under section 112(j). The process for determination by the permitting authority of whether the emission limitations in the prior case-by-case MACT determination are substantially as effective as the emission limitations which the permitting authority would otherwise adopt under section 112(j) must include the opportunity for full public, EPA, and affected State review prior to a final determination. If the permitting authority determines that the emission limitations in the prior case-by-case MACT determination are substantially as effective as the emission limitations which the permitting authority would otherwise adopt under section 112(j), then the permitting authority must adopt the existing emission limitations in the permit as the emission limitations to effectuate section 112(j) for the source in question. If more than 3 years remain on the current title V permit, the owner or operator must submit an application for a title V permit revision to make any conforming changes in the permit required to adopt the existing emission limitations as the section 112(j) MACT emission limitations. If less than 3 years remain on the current title V permit, any required conforming changes must be made when the permit is renewed. If the permitting authority determines that the emission limitations in the prior case-by-case MACT determination under section 112(g) are not substantially as effective as the emission limitations which the permitting authority would otherwise adopt for the source in question under section 112(j), the permitting authority must make a new MACT determination and adopt a title V permit incorporating an appropriate equivalent emission limitation under section 112(j). Such a determination constitutes final action for purposes of judicial review under 40 CFR 70.4(b)(3)(x) and corresponding State title V program provisions.
              (3) Within 60 days of submittal of the Part 2 MACT application, the permitting authority must notify the owner or operator in writing whether the application is complete or incomplete. The Part 2 MACT application shall be deemed complete on the date it was submitted unless the permitting authority notifies the owner or operator in writing within 60 days of the submittal that the Part 2 MACT application is incomplete. A Part 2 MACT application is complete if it is sufficient to begin processing the application for a title V permit addressing section 112(j) requirements. In the event that the permitting authority disapproves a permit application or determines that the application is incomplete, the owner or operator must revise and resubmit the application to meet the objections of the permitting authority. The permitting authority must specify a reasonable period in which the owner or operator is required to remedy the deficiencies in the disapproved or incomplete application. This period may not exceed 6 months from the date the owner or operator is first notified that the application has been disapproved or is incomplete.
              (4) Following submittal of a Part 1 or Part 2 MACT application, the permitting authority may request additional information from the owner or operator. The owner or operator must respond to such requests in a timely manner.
              (5) If the owner or operator has submitted a timely and complete application as required by this section, any failure to have a title V permit addressing section 112(j) requirements shall not be a violation of section 112(j), unless the delay in final action is due to the failure of the applicant to submit, in a timely manner, information required or requested to process the application. Once a complete application is submitted, the owner or operator shall not be in violation of the requirement to have a title V permit addressing section 112(j) requirements.
              (f) Permit content. The title V permit must contain an equivalent emission limitation (or limitations) for the relevant category or subcategory determined on a case-by-case basis by the permitting authority, or, if the applicable criteria in subpart D of this part are met, the title V permit may contain an alternative emission limitation. For the purposes of the preceding sentence, early reductions made pursuant to section 112(i)(5)(A) of the Act must be achieved not later than the date on which the relevant standard should have been promulgated according to the source category schedule for standards.

              (1) The title V permit must contain an emission standard or emission limitation that is equivalent to existing source MACT and an emission standard or emission limitation that is equivalent to new source MACT for control of emissions of hazardous air pollutants. The MACT emission standards or limitations must be determined by the permitting authority and must be based on the degree of emission reductions that can be achieved if the control technologies or work practices are installed, maintained, and operated properly. The permit must also specify the affected source and the new affected source. If construction of a new affected source or reconstruction of an affected source commences after a title V permit meeting the requirements of section 112(j) has been issued for the source, the new source MACT compliance dates must apply.
              (2) The title V permit must specify any notification, operation and maintenance, performance testing, monitoring, and reporting and recordkeeping requirements. In developing the title V permit, the permitting authority must consider and specify the appropriate provisions of subpart A of this part. The title V permit must also include the information in paragraphs (f)(2)(i) through (iii) of this section.
              (i) In addition to the MACT emission limitation required by paragraph (f)(1) of this section, additional emission limits, production limits, operational limits or other terms and conditions necessary to ensure practicable enforceability of the MACT emission limitation.
              (ii) Compliance certifications, testing, monitoring, reporting and recordkeeping requirements that are consistent with requirements established pursuant to title V and paragraph (h) of this section.
              (iii) Compliance dates by which the owner or operator must be in compliance with the MACT emission limitation and all other applicable terms and conditions of the permit.
              (A) The owner or operator of an affected source subject to the requirements of this subpart must comply with the emission limitation(s) by the date established in the source's title V permit. In no case shall such compliance date be later than 3 years after the issuance of the permit for that source, except where the permitting authority issues a permit that grants an additional year to comply in accordance with section 112(i)(3)(B) of the Act, or unless otherwise specified in section 112(i), or in subpart D of this part.
              (B) The owner or operator of a new affected source, as defined in the title V permit meeting the requirements of section 112(j), that is subject to the requirements of this subpart must comply with a new source MACT level of control immediately upon startup of the new affected source.
              (g) Permit issuance dates. The permitting authority must issue a title V permit meeting section 112(j) requirements within 18 months after submittal of the complete Part 2 MACT application.
              (h) Enhanced monitoring. In accordance with section 114(a)(3) of the Act, monitoring shall be capable of demonstrating continuous compliance for each compliance period during the applicable reporting period. Such monitoring data shall be of sufficient quality to be used as a basis for directly enforcing all applicable requirements established under this subpart, including emission limitations.
              (i) MACT emission limitations. (1) The owner or operator of affected sources subject to paragraphs (a), (b), and (c) of this section must comply with all requirements of this subpart that are applicable to affected sources, including the compliance date for affected sources established in paragraph (f)(2)(iii)(A) of this section.
              (2) The owner or operator of new affected sources subject to paragraph (c)(1) of this section must comply with all requirements of this subpart that are applicable to new affected sources, including the compliance date for new affected sources established in paragraph (f)(2)(iii)(B) of this section.
              [67 FR 16606, Apr. 5, 2002; 68 FR 32602, May 30, 2003]

              § 63.53
              Application content for case-by-case MACT determinations.
              (a) Part 1 MACT application. The Part 1 application for a MACT determination must contain the information in paragraphs (a)(1) through (4) of this section.
              (1) The name and address (physical location) of the major source.

              (2) A brief description of the major source and an identification of the relevant source category.

              (3) An identification of the types of emission points belonging to the relevant source category.
              (4) An identification of any affected sources for which a section 112(g) MACT determination has been made.
              (b) Part 2 MACT application. (1) In compiling a Part 2 MACT application, the owner or operator may cross-reference specific information in any prior submission by the owner or operator to the permitting authority, but in cross-referencing such information the owner or operator may not presume favorable action on any prior application or request which is still pending. In compiling a Part 2 MACT application, the owner or operator may also cross-reference any part of a standard proposed by the Administrator pursuant to section 112(d) or 112(h) of the Act for any category or subcategory which includes sources to which the Part 2 application applies.
              (2) The Part 2 application for a MACT determination must contain the information in paragraphs (b)(2)(i) through (b)(2)(v) of this section.
              (i) For a new affected source, the anticipated date of startup of operation.
              (ii) Each emission point or group of emission points at the affected source which is part of a category or subcategory for which a Part 2 MACT application is required, and each of the hazardous air pollutants emitted at those emission points. When the Administrator has proposed a standard pursuant to section 112(d) or 112(h) of the Act for a category or subcategory, such information may be limited to those emission points and hazardous air pollutants which would be subject to control under the proposed standard.
              (iii) Any existing Federal, State, or local limitations or requirements governing emissions of hazardous air pollutants from those emission points which are part of a category or subcategory for which a Part 2 application is required.
              (iv) For each identified emission point or group of affected emission points, an identification of control technology in place.
              (v) Any additional emission data or other information specifically requested by the permitting authority.
              (3) The Part 2 application for a MACT determination may, but is not required to, contain the following information:
              (i) Recommended emission limitations for the affected source and support information consistent with § 63.52(f). The owner or operator may recommend a specific design, equipment, work practice, or operational standard, or combination thereof, as an emission limitation.
              (ii) A description of the control technologies that would be applied to meet the emission limitation including technical information on the design, operation, size, estimated control efficiency and any other information deemed appropriate by the permitting authority, and identification of the affected sources to which the control technologies must be applied.
              (iii) Relevant parameters to be monitored and frequency of monitoring to demonstrate continuous compliance with the MACT emission limitation over the applicable reporting period.
              [67 FR 16609, Apr. 5, 2002, as amended at 68 FR 32602, May 30, 2003]

              § 63.54
              Preconstruction review procedures for new affected sources.
              The requirements of this section apply to an owner or operator who constructs a new affected source subject to § 63.52(c)(1). The purpose of this section is to describe alternative review processes that the permitting authority may use to make a MACT determination for the new affected source.
              (a) Review process for new affected sources. (1) If the permitting authority requires an owner or operator to obtain or revise a title V permit before construction of the new affected source, or when the owner or operator chooses to obtain or revise a title V permit before construction, the owner or operator must follow the procedures established under the applicable title V permit program before construction of the new affected source.

              (2) If an owner or operator is not required to obtain or revise a title V permit before construction of the new affected source (and has not elected to do so), but the new affected source is covered by any preconstruction or preoperation review requirements established pursuant to section 112(g) of the Act, then the owner or operator must comply with those requirements in order to ensure that the requirements of section 112(j) and (g) are satisfied. If the new affected source is not covered by section 112(g), the permitting authority, in its discretion, may issue a Notice of MACT Approval, or the equivalent, in accordance with the procedures set forth in paragraphs (b) through (f) of this section, or an equivalent permit review process, before construction or operation of the new affected source.
              (3) Regardless of the review process, the MACT determination shall be consistent with the principles established in § 63.55. The application for a Notice of MACT Approval or a title V permit, permit modification, or administrative amendment, whichever is applicable, shall include the documentation required by § 63.53.
              (b) Optional administrative procedures for preconstruction or preoperation review for new affected sources. The permitting authority may provide for an enhanced review of section 112(j) MACT determinations for review procedures and compliance requirements equivalent to those set forth in paragraphs (b) through (f) of this section.
              (1) The permitting authority will notify the owner or operator in writing as to whether the application for a MACT determination is complete or whether additional information is required.
              (2) The permitting authority will approve an applicant's proposed control technology, or the permitting authority will notify the owner or operator in writing of its intention to disapprove a control technology.
              (3) The owner or operator may present in writing, within a time frame specified by the permitting authority, additional information, considerations, or amendments to the application before the permitting authority's issuance of a final disapproval.
              (4) The permitting authority will issue a preliminary approval or issue a disapproval of the application, taking into account additional information received from the owner or operator.
              (5) A determination to disapprove any application will be in writing and will specify the grounds on which the disapproval is based.
              (6) Approval of an applicant's proposed control technology must be set forth in a Notice of MACT Approval (or the equivalent) as described in § 63.52(f).
              (c) Opportunity for public comment on Notice of MACT Approval. The permitting authority will provide opportunity for public comment on the preliminary Notice of MACT Approval prior to issuance, including, at a minimum,
              (1) Availability for public inspection in at least one location in the area affected of the information submitted by the owner or operator and of the permitting authority's tentative determination;
              (2) A period for submittal of public comment of at least 30 days; and
              (3) A notice by prominent advertisement in the area affected of the location of the source information and analysis specified in § 63.52(f). The form and content of the notice must be substantially equivalent to that found in § 70.7 of this chapter.
              (4) An opportunity for a public hearing, if one is requested. The permitting authority will give at least 30 days notice in advance of any hearing.
              (d) Review by the EPA and affected States. The permitting authority must send copies of the preliminary notice (in time for comment) and final notice required by paragraph (c) of this section to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in affected States. The permitting authority must provide EPA with a review period for the final notice of at least 45 days and shall not issue a final Notice of MACT Approval until EPA objections are satisfied.
              (e) Compliance with MACT determinations. An owner or operator of a major source that is subject to a MACT determination must comply with notification, operation and maintenance, performance testing, monitoring, reporting, and recordkeeping requirements established under § 63.52(h), under title V, and at the discretion of the permitting authority, under subpart A of this part. The permitting authority must provide the EPA with the opportunity to review compliance requirements for consistency with requirements established pursuant to title V during the review period under paragraph (d) of this section.
              (f) Equivalency under section 112(l). If a permitting authority requires preconstruction review for new source MACT determinations under this subpart, such requirement shall not necessitate a determination under subpart E of this part.
              [59 FR 26449, May 20, 1994, as amended at 67 FR 16610, Apr. 5, 2002]

              § 63.55
              Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission limitations.
              (a) Requirements for permitting authorities. The permitting authority must determine whether the § 63.53(a) Part 1 and § 63.53(b) Part 2 MACT application is complete or an application for a Notice of MACT Approval is approvable. In either case, when the application is complete or approvable, the permitting authority must establish hazardous air pollutant emissions limitations equivalent to the limitations that would apply if an emission standard had been issued in a timely manner under section 112(d) or (h) of the Act. The permitting authority must establish these emissions limitations consistent with the following requirements and principles:
              (1) Emission limitations must be established for the equipment and activities within the affected sources within a source category or subcategory for which the section 112(j) deadline has passed.
              (2) Each emission limitation for an existing affected source must reflect the maximum degree of reduction in emissions of hazardous air pollutants (including a prohibition on such emissions, where achievable) that the permitting authority, taking into consideration the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, determines is achievable by affected sources in the category or subcategory for which the section 112(j) deadline has passed. This limitation must not be less stringent than the MACT floor which must be established by the permitting authority according to the requirements of section 112(d)(3)(A) and (B) and must be based upon available information.
              (3) Each emission limitation for a new affected source must reflect the maximum degree of reduction in emissions of hazardous air pollutants (including a prohibition on such emissions, where achievable) that the permitting authority, taking into consideration the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, determines is achievable. This limitation must not be less stringent than the emission limitation achieved in practice by the best controlled similar source which must be established by the permitting authority according to the requirements of section 112(d)(3). This limitation must be based upon available information.
              (4) The permitting authority must select a specific design, equipment, work practice, or operational standard, or combination thereof, when it is not feasible to prescribe or enforce an equivalent emission limitation due to the nature of the process or pollutant. It is not feasible to prescribe or enforce a limitation when the Administrator determines that hazardous air pollutants cannot be emitted through a conveyance designed and constructed to capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal, State, or local law, or the application of measurement methodology to a particular class of sources is not practicable due to technological and economic limitations.
              (5) Nothing in this subpart shall prevent a State or local permitting authority from establishing an emission limitation more stringent than required by Federal regulations.
              (b) Reporting to EPA. The owner or operator must submit additional copies of its Part 1 and Part 2 MACT application for a title V permit, permit revision, or Notice of MACT Approval, whichever is applicable, to the EPA at the same time the material is submitted to the permitting authority.
              [67 FR 16610, Apr. 5, 2002]

              § 63.56
              Requirements for case-by-case determination of equivalent emission limitations after promulgation of subsequent MACT standard.
              (a) If the Administrator promulgates a relevant emission standard that is applicable to one or more affected sources within a major source before the date a permit application under this paragraph (a) is approved, the title V permit must contain the promulgated standard rather than the emission limitation determined under § 63.52, and the owner or operator must comply with the promulgated standard by the compliance date in the promulgated standard.
              (b) If the Administrator promulgates a relevant emission standard under section 112(d) or (h) of the Act that is applicable to a source after the date a permit is issued pursuant to § 63.52 or § 63.54, the permitting authority must incorporate requirements of that standard in the title V permit upon its next renewal. The permitting authority must establish a compliance date in the revised permit that assures that the owner or operator must comply with the promulgated standard within a reasonable time, but not longer than 8 years after such standard is promulgated or 8 years after the date by which the owner or operator was first required to comply with the emission limitation established by the permit, whichever is earlier. However, in no event shall the period for compliance for existing sources be shorter than that provided for existing sources in the promulgated standard.
              (c) Notwithstanding the requirements of paragraph (a) or (b) of this section, the requirements of paragraphs (c)(1) and (2) of this section shall apply.
              (1) If the Administrator promulgates an emission standard under section 112(d) or (h) that is applicable to an affected source after the date a permit application under this paragraph is approved under § 63.52 or § 63.54, the permitting authority is not required to change the emission limitation in the permit to reflect the promulgated standard if the permitting authority determines that the level of control required by the emission limitation in the permit is substantially as effective as that required by the promulgated standard pursuant to § 63.1(e).
              (2) If the Administrator promulgates an emission standard under section 112(d) or (h) of the Act that is applicable to an affected source after the date a permit application is approved under § 63.52 or § 63.54, and the level of control required by the promulgated standard is less stringent than the level of control required by any emission limitation in the prior MACT determination, the permitting authority is not required to incorporate any less stringent emission limitation of the promulgated standard in the title V permit and may in its discretion consider any more stringent provisions of the MACT determination to be applicable legal requirements when issuing or revising such a title V permit.

              Pt 63, Subpt. B, Table 1
              Table 1 to Subpart B of Part 63—Section 112(j) Part 2 Application Due Dates

                  Due date
                  MACT standard

                  10/30/03
                  Combustion Turbines.Lime Manufacturing.
                    Site Remediation.
                    Iron and Steel Foundries.
                    Taconite Iron Ore Processing.
                    Miscellaneous Organic Chemical Manufacturing (MON).1

                  Organic Liquids Distribution.Primary Magnesium Refining.
                    Metal Can (Surface Coating).
                    Plastic Parts and Products (Surface Coating).
                    Chlorine Production.
                    Miscellaneous Metal Parts and Products (Surface Coating) (and Asphalt/Coal Tar Application—Metal Pipes).2

                  4/28/04
                  Industrial Boilers, Institutional/Commercial Boilers and Process Heaters.3
                    Plywood and Composite Wood Products.
                    Reciprocating Internal Combustion Engines.4

                    Auto and Light-Duty Truck (Surface Coating).

                  11/14/05
                  Industrial Boilers, Institutional/Commercial Boilers, and Process Heaters.5
                    Hydrochloric Acid Production.6

                  1 Covers 23 source categories, see Table 2 to this subpart.

                  2 Two source categories.

                  3 Includes all sources in the three categories, Industrial Boilers, Institutional/Commercial Boilers, and Process Heaters that burn no hazardous waste.

                  4 Includes engines greater than 500 brake horsepower.

                  5 Includes all sources in the three categories, Industrial Boilers, Institutional/Commercial Boilers, and Process Heaters that burn hazardous waste.

                  6 Includes furnaces that produce acid from hazardous waste at sources in the category Hydrochloric Acid Production.

              [68 FR 32603, May 30, 2003, as amended at 70 FR 39664, July 11, 2005]

              Pt. 63, Subpt. B, Table 2
              Table 2 to Subpart B of Part 63—MON Source Categories
              Manufacture of Paints, Coatings, and Adhesives.
              Alkyd Resins Production.
              Maleic Anhydride Copolymers Production.
              Polyester Resins Production.
              Polymerized Vinylidene Chloride Production.
              Polymethyl Methacrylate Resins Production.
              Polyvinyl Acetate Emulsions Production.
              Polyvinyl Alcohol Production.
              Polyvinyl Butyral Production.
              Ammonium Sulfate Production-Caprolactam By-Product Plants.
              Quaternary Ammonium Compounds Production.
              Benzyltrimethylammonium Chloride Production.
              Carbonyl Sulfide Production.
              Chelating Agents Production.
              Chlorinated Paraffins Production.
              Ethylidene Norbornene Production.
              Explosives Production.
              Hydrazine Production.
              OBPA/1,3-Diisocyanate Production.
              Photographic Chemicals Production.
              Phthalate Plasticizers Production.
              Rubber Chemicals Manufacturing.
              Symmetrical Tetrachloropyridine Production.
              [68 FR 32603, May 30, 2003]

            Subpart C—List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Category List

              § 63.60
              Deletion of caprolactam from the list of hazardous air pollutants.
              The substance caprolactam (CAS number 105602) is deleted from the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).
              [61 FR 30823, June 18, 1996]

              § 63.61
              Deletion of methyl ethyl ketone from the list of hazardous air pollutants.
              The substance methyl ethyl ketone (MEK, 2-Butanone) (CAS Number 78-93-3) is deleted from the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).
              [70 FR 75059, Dec. 19, 2005]

              § 63.62
              Redefinition of glycol ethers listed as hazardous air pollutants.

              The following definition of the glycol ethers category of hazardous air pollutants applies instead of the definition set forth in 42 U.S.C. 7412(b)(1), footnote 2: Glycol ethers include mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR′.

                Where:

                n = 1, 2, or 3;
                R = alkyl C7 or less; or
                R = phenyl or alkyl substituted phenyl;
                R′= H or alkyl C7 or less; or
                OR′ consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate.

              [65 FR 47348, Aug. 2, 2000]

              § 63.63
              Deletion of ethylene glycol monobutyl ether from the list of hazardous air pollutants.
              The substance ethylene glycol monobutyl ether (EGBE,2-Butoxyethanol) (CAS Number 111-76-2) is deleted from the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).
              [69 FR 69325, Nov. 29, 2004]

              §§ 63.64-63.69
              [Reserved]

            Subpart D—Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants

              § 63.70
              Applicability.
              The provisions of this subpart apply to an owner or operator of an existing source who wishes to obtain a compliance extension from a standard issued under section 112(d) of the Act. The provisions of this subpart also apply to a State or local agency acting pursuant to a permit program approved under title V of the Act. The Administrator will carry out the provisions of this subpart for any State that does not have an approved permit program.

              § 63.71
              Definitions.
              All terms used in this subpart not defined in this section are given the same meaning as in the Act.

                Act means the Clean Air Act as amended.

                Actual emissions means the actual rate of emissions of a pollutant, but does not include excess emissions from a malfunction, or startups and shutdowns associated with a malfunction. Actual emissions shall be calculated using the source's actual operating rates, and types of materials processed, stored, or combusted during the selected time period.

                Artificially or substantially greater emissions means abnormally high emissions such as could be caused by equipment malfunctions, accidents, unusually high production or operating rates compared to historical rates, or other unusual circumstances.

                EPA conditional method means any method of sampling and analyzing for air pollutants that has been validated by the Administrator but that has not been published as an EPA Reference Method.

                EPA reference method means any method of sampling and analyzing for an air pollutant as described in appendix A of part 60 of this chapter, appendix B of part 61 of this chapter, or appendix A of part 63.

                Equipment leaks means leaks from pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, agitators, accumulator vessels, and instrumentation systems in hazardous air pollutant service.

                Existing source means any source as defined in § 63.72, the construction or reconstruction of which commenced prior to proposal of an applicable section 112(d) standard.

                Hazardous air pollutant (HAP) means any air pollutant listed pursuant to section 112(b) of the Act.

                High-risk pollutant means a hazardous air pollutant listed in Table 1 of § 63.74.

                Malfunction means any sudden failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.

                Not feasible to prescribe or enforce a numerical emission limitation means a situation in which the Administrator or a State determines that a pollutant (or stream of pollutants) listed pursuant to section 112(b) of the Act cannot be emitted through a conveyance designed and constructed to emit or capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal law; or the application of measurement technology to a particular source is not practicable due to technological or economic limitations.

                Permitting authority means either a State agency with an approved permitting program under Title V of the Act or the Administrator in cases where the State does not have an approved permitting program.

                Post-reduction year means the one year period beginning with the date early reductions have to be achieved to qualify for a compliance extension under subpart D of this part, unless a source has established with the permitting authority an earlier one year period as the post-reduction year. For most sources, the post-reduction year would begin with the date of proposal of the first section 112(d) standard applicable to the early reductions source; however, for sources that have made enforceable commitments, it would be the year from January 1, 1994, through December 31, 1994.

                Responsible official means one of the following:
              (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
              (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
              (ii) The delegation of authority to such representative is approved in advance by the permitting authority.

              (2) For a partnership or sole proprietorship, a general partner or the proprietor, respectively.

              (3) For a municipality, State, Federal, or other public agency, either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA).

                Reviewing agency means a State agency with an approved permitting program under Title V of the Act. An EPA Regional Office is the reviewing agency where the State does not have such an approved permitting program.

                State means a State or local air pollution control agency.
              [57 FR 61992, Dec. 29, 1992, as amended at 59 FR 59924, Nov. 21, 1994]

              § 63.72
              General provisions for compliance extensions.
              (a) Except as provided in paragraph (f) of this section, a permitting authority acting pursuant to a permitting program approved under Title V of the Act shall by permit allow an existing source to meet an alternative emission limitation in lieu of an emission limitation promulgated under section 112(d) of the Act for a period of 6 years from the compliance date of the otherwise applicable standard provided the source owner or operator demonstrates:
              (1) According to the requirements of § 63.74 that the source has achieved a reduction of 90 percent (95 percent or more in the case of hazardous air pollutants which are particulates) in emissions of:
              (i) Total hazardous air pollutants from the source;
              (ii) Total hazardous air pollutants from the source as adjusted for high-risk pollutant weighting factors, if applicable.
              (2) That such reduction was achieved before proposal of an applicable standard or, for sources eligible to qualify for an alternative emission limitation as specified in paragraph (c) of this section, before January 1, 1994.
              (b) A source granted an alternative emission limitation shall comply with an applicable standard issued under section 112(d) of the Act immediately upon expiration of the six year compliance extension period specified in paragraph (a) of this section.
              (c) An existing source that achieves the reduction specified in paragraph (a)(1) of this section after proposal of an applicable section 112(d) standard but before January 1, 1994, may qualify for an alternative emission limitation under paragraph (a) of this section if the source makes an enforceable commitment, prior to proposal of the applicable standard, to achieve such reduction. The enforceable commitment shall be made according to the procedures and requirements of § 63.75.
              (d) For each permit issued to a source under paragraph (a) of this section, there shall be established as part of the permit an enforceable alternative emission limitation for hazardous air pollutants reflecting the reduction which qualified the source for the alternative emission limitation.
              (e) An alternative emission limitation shall not be available with respect to standards or requirements promulgated to provide an ample margin of safety to protect public health pursuant to section 112(f) of the Act, and the Administrator will, for the purpose of determining whether a standard under section 112(f) of the Act is necessary, review emissions from sources granted an alternative emission limitation under this subpart at the same time that other sources in the category or subcategory are reviewed.
              (f) Nothing in this subpart shall preclude a State from requiring hazardous air pollutant reductions in excess of 90 percent (95 percent in the case of particulate hazardous air pollutants) as a condition of such State granting an alternative emission limitation authorized in paragraph (a) of this section.

              § 63.73
              Source.
              (a) An alternative emission limitation may be granted under this subpart to an existing source. For the purposes of this subpart only, a source is defined as follows:
              (1) A building structure, facility, or installation identified as a source by the EPA in appendix B of this part;

              (2) All portions of an entire contiguous plant site under common ownership or control that emit hazardous air pollutants;

              (3) Any portion of an entire contiguous plant site under common ownership or control that emits hazardous air pollutants and can be identified as a facility, building, structure, or installation for the purposes of establishing standards under section 112(d) of the Act; or
              (4) Any individual emission point or combination of emission points within a contiguous plant site under common control, provided that emission reduction from such point or aggregation of points constitutes a significant reduction of hazardous air pollutant emissions of the entire contiguous plant site.
              (b) For purposes of paragraph (a)(4) of this section, emissions reductions are considered significant if they are made from base year emissions of not less than:
              (1) A total of 10 tons per year of hazardous air pollutants where the total emissions of hazardous air pollutants in the base year from the entire contiguous plant site is greater than 25 tons per; or
              (2) A total of 5 tons per year of hazardous air pollutants where the total emissions of hazardous air pollutants in the base year from the entire contiguous plant site is less than or equal to 25 tons per year.

              § 63.74
              Demonstration of early reduction.
              (a) An owner or operator applying for an alternative emission limitation shall demonstrate achieving early reductions as required by § 63.72(a)(1) by following the procedures in this section.
              (b) An owner or operator shall establish the source for the purposes of this subpart by documenting the following information:
              (1) A description of the source including: a site plan of the entire contiguous plant site under common control which contains the source, markings on the site plan locating the parts of the site that constitute the source, and the activity at the source which causes hazardous air pollutant emissions;
              (2) A complete list of all emission points of hazardous air pollutants in the source, including identification numbers and short descriptive titles; and
              (3) A statement showing that the source conforms to one of the allowable definition options from § 63.73. For a source conforming to the option in § 63.73(a)(4), the total base year emissions from the source, as determined pursuant to this section, shall be demonstrated to be at least:
              (i) 5 tons per year, for cases in which total hazardous air pollutant emissions from the entire contiguous plant site under common control are 25 tons per year or less as calculated under paragraph (1) of this section; or
              (ii) 10 tons per year in all other cases.
              (c) An owner or operator shall establish base year emissions for the source by providing the following information:
              (1) The base year chosen, where the base year shall be 1987 or later except that the base year may be 1985 or 1986 if the owner or operator of the source can demonstrate that emission data for the source for 1985 or 1986 was submitted to the Administrator pursuant to an information request issued under section 114 of the Act and was received by the Administrator prior to November 15, 1990;
              (2) The best available data accounting for actual emissions, during the base year, of all hazardous air pollutants from each emission point listed in the source in paragraph (b)(2) of this section;
              (3) The supporting basis for each emission number provided in paragraph (c)(2) of this section including:
              (i) For test results submitted as the supporting basis, a description of the test protocol followed, any problems encountered during the testing, and a discussion of the validity of the method for measuring the subject emissions; and
              (ii) For calculations based on emission factors, material balance, or engineering principles and submitted as the supporting basis, a step-by-step description of the calculations, including assumptions used and their bases, and a brief rationale for the validity of the calculation method used; and

              (4) Evidence that the emissions provided under paragraph (c)(2) of this section are not artificially or substantially greater than emissions in other years prior to implementation of emission reduction measures.
              (d) An owner or operator shall establish post-reduction emissions by providing the following information:
              (1) For the emission points listed in the source in paragraph (b)(2) of this section, a description of all control measures employed to achieve the emission reduction required by § 63.72(a)(1);
              (2) The best available data accounting for actual emissions, during the year following the applicable emission reduction deadline as specified in § 63.72(a)(2), of all hazardous air pollutants from each emission point in the source listed pursuant to paragraph (b)(2) of this section.
              (3) The supporting basis for each emission number provided in paragraph (d)(2) of this section including:
              (i) For test results submitted as the supporting basis, a description of the test protocol followed, any problems encountered during the testing, and a discussion of the validity of the method for measuring the subject emissions; and
              (ii) For calculations based on emission factors, material balance, or engineering principles and submitted as the supporting basis, a step-by-step description of the calculations, including assumptions used and their bases, and a brief rationale for the validity of the calculation method used;
              (4) [Reserved]
              (5) Evidence that there was no increase in radionuclide emissions from the source.
              (e)(1) An owner or operator shall demonstrate that both total base year emissions and total base year emissions adjusted for high-risk pollutants, as applicable, have been reduced by at least 90 percent for gaseous hazardous air pollutants emitted and 95 percent for particulate hazardous air pollutants emitted by determining the following for gaseous and particulate emissions separately:
              (i) Total base year emissions, calculated by summing all base year emission data from paragraph (c)(2) of this section;
              (ii) Total post-reduction emissions, calculated by summing all post-reduction emission data from paragraph (d)(2) of this section;
              (iii) (If applicable) Total base year emissions adjusted for high-risk pollutants, calculated by multiplying each emission number for a pollutant from paragraph (c)(2) of this section by the appropriate weighting factor for the pollutant from Table 1 in paragraph (f) of this section and then summing all weighted emission data;
              (iv) (If applicable) Total post-reduction emissions adjusted for high-risk pollutants, calculated by multiplying each emission number for a pollutant from paragraph (d)(2) of this section by the appropriate weighting factor for the pollutant from Table 1 and then summing all weighted emission data; and
              (v) Percent reductions, calculated by dividing the difference between base year and post-reduction emissions by the base year emissions. Separate demonstrations are required for total gaseous and particulate emissions, and total gaseous and particulate emissions adjusted for high-risk pollutants.
              (2) If any points in the source emit both particulate and gaseous pollutants, as an alternative to the demonstration required in paragraph (e)(1) of this section, an owner or operator may demonstrate:
              (i) A weighted average percent reduction for all points emitting both particulate and gaseous pollutants where the weighted average percent reduction is determined by

                EC21OC91.019

                where %W = the required weighted percent reduction
                Σ Mg = the total mass rate (e.g., kg/yr) of all gaseous emissions
                Σ Mp = the total mass rate of all particulate emissions and,

              (ii) The reductions required in paragraph (e)(1) of this section for all other points in the source.

              (f) If lower rates or hours are used to achieve all or part of the emission reduction, any hazardous air pollutant emissions that occur from a compensating increase in rates or hours from the same activity elsewhere within the plant site which contains the source shall be counted in the post-reduction emissions from the source. If emission reductions are achieved by shutting down process equipment and the shutdown equipment is restarted or replaced anywhere within the plant site, any hazardous air pollutant emissions from the restarted or replacement equipment shall be counted in the post-reduction emissions for the source.

                Table 1—List of High-Risk Pollutants

                  CAS No.
                  Chemical
                  Weighting factor

                  53963
                  2-Acetylaminofluorene
                  100

                  107028
                  Acrolein
                  100

                  79061
                  Acrylamide
                  10

                  107131
                  Acrylonitrile
                  10

                  0
                  Arsenic compounds
                  100

                  1332214
                  Asbestos
                  100

                  71432
                  Benzene
                  10

                  92875
                  Benzidine
                  1000

                  0
                  Beryllium compounds
                  10

                  542881
                  Bis(chloromethyl) ether
                  1000

                  106990
                  1,3-Butadiene
                  10

                  0
                  Cadmium compounds
                  10

                  57749
                  Chlordane
                  100

                  532274
                  2-Chloroacetophenone
                  100

                  0
                  Chromium compounds
                  100

                  107302
                  Chloromethyl methyl ether
                  10

                  0
                  Coke oven emissions
                  10

                  334883
                  Diazomethane
                  10

                  132649
                  Dibenzofuran
                  10

                  96128
                  1,2-Dibromo-3-chloropropane
                  10

                  111444
                  Dichloroethyl ether (Bis(2-chloroethyl) ether)
                  10

                  79447
                  Dimethylcarbamoyl chloride
                  100

                  122667
                  1,2-Diphenylhydrazine
                  10

                  106934
                  Ethylene dibromide
                  10

                  151564
                  Ethylenimine (Aziridine)
                  100

                  75218
                  Ethylene oxide
                  10

                  76448
                  Heptachlor
                  100

                  118741
                  Hexachlorobenezene
                  100

                  77474
                  Hexachlorocyclopentadiene
                  10

                  302012
                  Hydrazine
                  100

                  0
                  Manganese compounds
                  10

                  0
                  Mercury compounds
                  100

                  60344
                  Methyl hydrazine
                  10

                  624839
                  Methyl isocyanate
                  10

                  0
                  Nickel compounds
                  10

                  62759
                  N-Nitrosodimethylamine
                  100

                  684935
                  N-Nitroso-N-methylurea
                  1000

                  56382
                  Parathion
                  10

                  75445
                  Phosgene
                  10

                  7803512
                  Phosphine
                  10

                  7723140
                  Phosphorus
                  10

                  75558
                  1,2-Propylenimine
                  100

                  1746016
                  2,3,7,8-Tetrachlorodibenzo-p-dioxin
                  100,000

                  8001352
                  Toxaphene (chlorinated camphene)
                  100

                  75014
                  Vinyl chloride
                  10

              (g) The best available data representing actual emissions for the purpose of establishing base year or post-reduction emissions under this section shall consist of documented results from source tests using an EPA Reference Method, EPA Conditional Method, or the owner's or operator's source test method which has been validated pursuant to Method 301 of appendix A of this part. However, if one of the following conditions exists, an owner or operator may submit, in lieu of results from source tests, calculations based on engineering principles, emission factors, or material balance data as actual emission data for establishing base year or post-reduction emissions:
              (1) No applicable EPA Reference Method, EPA Conditional Method, or other source test method exists;
              (2) It is not technologically or economically feasible to perform source tests;
              (3) It can be demonstrated to the satisfaction of the reviewing agency that the calculations will provide emission estimates of accuracy comparable to that of any applicable source test method;
              (4) For base year emission estimates only, the base year conditions no longer exist at an emission point in the source and emission data could not be produced for such an emission point, by performing source tests under currently existing conditions and converting the test results to reflect base year conditions, that is more accurate than an estimate produced by using engineering principles, emission factors, or a material balance; or
              (5) The emissions from one or a set of emission points in the source are small compared to total source emissions and potential errors in establishing emissions from such points will not have a significant effect on the accuracy of total emissions established for the source.
              (h) For base year or post-reduction emissions established under this section that are not supported by source test data, the source owner or operator shall include the reason source testing was not performed.
              (i) [Reserved]

              (j) The EPA average emission factors for equipment leaks cannot be used under this subpart to establish base year emissions for equipment leak sources, unless the base year emission number calculated using the EPA average emission factors for equipment leaks also is used as the post-reduction emission number for equipment leaks from the source.
              (k) A source owner or operator shall not establish base year or post-reduction emissions that include any emissions from the source exceeding allowable emission levels specified in any applicable law, regulation, or permit condition.
              (l) For sources subject to paragraph (b)(3)(i) of this section, an owner or operator shall document total base year emissions from an entire contiguous plant site under common control by providing the information required pursuant to paragraphs (b)(2), (c)(2), and (e)(1)(i) of this section for all hazardous air pollutants from all emission points in the contiguous plant site under common control.
              (m) If a new pollutant is added to the list of hazardous air pollutants or high-risk pollutants, any source emitting such pollutant will not be required to revise an early reduction demonstration pursuant to this section if:
              (1) Alternative emission limits have previously been specified by permit for the source as provided for in § 63.72(a); or
              (2) The base year emissions submitted in an enforceable commitment have previously been approved by the reviewing agency.
              [57 FR 61992, Dec. 29, 1992, as amended at 58 FR 62543, Nov. 29, 1993; 59 FR 53110, Oct. 21, 1994]

              § 63.75
              Enforceable commitments.
              (a) To make an enforceable commitment an owner or operator shall submit a commitment to achieve the early reductions required under § 63.72(a)(1) to the appropriate EPA Regional Office and a copy of the commitment to the appropriate State, except that the commitment shall be submitted to the State and a copy to the EPA Regional Office if the State has an approved permitting program under Title V of the Act. A copy shall also be submitted to both the EPA Stationary Source Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, DC 20460 and the EPA Emission Standards Division (MD-13), Research Triangle Park, NC 27711; attention both to the Early Reductions Officer. The commitment shall contain:
              (1) The name and address of the source;
              (2) The name and telephone number of the source owner or operator or other responsible official who can be contacted concerning the commitment;
              (3) An alternative mailing address if correspondence is to be directed to a location other than that given in paragraph (a)(1) of this section;
              (4) All information specified in § 63.74(b), (c) and (e)(1)(i), which defines and describes the source and establishes the base year hazardous air pollutant emissions from the source;
              (5) The general plan for achieving the required hazardous air pollutant emissions reductions at the source including descriptions of emission control equipment to be employed, process changes or modifications to be made, and any other emission reduction measures to be used; and
              (6) A statement of commitment, signed by a responsible official of the source, containing the following:
              (i) A statement providing the post-reduction emission levels for total hazardous air pollutants and high-risk pollutants, as applicable, from the source on an annual basis which reflect a 90 percent (95 percent for particulate pollutants) reduction from base year emissions;
              (ii) A statement certifying that the base year emission data submitted as part of the enforceable commitment constitute the best available data for base year emissions from the source, are correct to the best of the responsible official's knowledge, and are within allowable levels specified in any applicable law, regulation, or permit;
              (iii) A statement that it is understood by the source owner or operator that submission of base year emissions constitutes a response to an EPA request under the authority of section 114 of the Act and that the commitment is subject to enforcement according to § 63.80; and
              (iv) A statement committing the source owner or operator to achieving the emission levels, listed in paragraph (a)(6), (i) of this section, at the source before January 1, 1994.

              (b) The following language may be used to satisfy the requirements of paragraphs (a)(6)(ii) through (a)(6)(iv) of this section:

                I certify to the best of my knowledge that the base year emissions given above are correct and constitute the best available data for base year emissions from the source, and acknowledge that these estimates are being submitted in response to an EPA request under section 114 of the Act. I further certify that the base year emissions provided for all emission points in the source do not exceed allowable emission levels specified in any applicable law, regulation, or permit condition. I commit to achieve before January 1, 1994, the stated post-reduction emission level(s) at the source, which will provide the 90 (95) percent reduction required to qualify for the compliance extension, and acknowledge that this commitment is enforceable as specified in title 40, part 63, subpart D, of the Code of Federal Regulations.

              (c) A commitment for a source shall be submitted prior to proposal of an applicable standard issued under section 112(d) of the Act. Commitments received after the proposal date shall be void.
              (d) If test results for one or more emission points in a source are required to support base year emissions in an enforceable commitment but are not available prior to proposal of an applicable standard issued under section 112(d) of the Act, the test results may be submitted after the enforceable commitment is made but no later than 180 days after proposal of an applicable standard. In such cases, the enforceable commitment shall contain the best substitute emission data for the points in the source for which test results will be submitted later.
              (e) An owner or operator may rescind such a commitment prior to December 1, 1993 without penalty and forfeit the opportunity to obtain a six year compliance extension under this subpart.
              (f) An enforceable commitment submitted under this section shall not be in effect and enforceable until the base year emissions contained in the commitment have been approved according to the procedures in § 63.76. An owner or operator is under no obligation to continue to seek approval of commitments that have not been approved by December 1, 1993.
              (g) The control measure information required under § 63.74(d)(1) as part of post-reduction emission documentation and submitted in a permit application according to the provisions of § 63.77 shall become part of an existing enforceable commitment upon receipt of the permit application by the permitting authority. An owner or operator shall notify the permitting authority of any change made to the source during calendar year 1994 which affects such control measure information and shall mail the notice within 5 days (postmark date) of making the change. The notice shall be considered an amendment to the source's enforceable commitment.
              [57 FR 61992, Dec. 29, 1992, as amended at 58 FR 34370, June 25, 1993; 58 FR 62543, Nov. 29, 1993; 59 FR 59924, Nov. 21, 1994]

              § 63.76
              Review of base year emissions.
              (a) Pursuant to the procedures of this section, the appropriate reviewing agency shall review and approve or disapprove base year emission data submitted in an enforceable commitment under § 63.75 or in a request letter from an applicant that wishes to participate in the early reduction program but who is not required to submit an enforceable commitment. For review requests submitted to a State agency as the appropriate reviewing agency, a copy of the request also shall be submitted to the applicable EPA Regional Office. For review requests submitted to the EPA Regional Office as the appropriate reviewing agency, a copy of the request also shall be sent to the applicable State agency. Copies also shall be submitted to the EPA Stationary Source Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, DC 20460 and the EPA Emission Standards Division (MD-13), Research Triangle Park, NC 27711; to the attention of the Early Reductions Officer.
              (b) Within 30 days of receipt of an enforceable commitment or base year emission data, the reviewing agency shall advise the applicant that:
              (1) The base year emission data are complete as submitted; or
              (2) The base year emission data are not complete and include a list of deficiencies that must be corrected before review can proceed.
              (c) EPA will publish a notice in the Federal Register which contains a list, accumulated for the previous month, of the sources for which complete base year emission data have been submitted and which are undergoing review either in the EPA Regional Office or a State agency within the EPA region. The notice will contain the name and location of each source and a contract in the EPA Regional Office for additional information.
              (d) Within 60 days of a determination that a base year emission data submission is complete, the reviewing agency shall evaluate the adequacy of the submission with respect to the requirements of § 63.74 (b) and (c) and either:
              (1) Determine to approve the submission and publish a notice in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice, providing the aggregate base year emission data for the source and the rationale for the proposed approval, noting the availability of the nonconfidential information contained in the submission for public inspection in at least one location in the community in which the source is located, providing for a public hearing upon request by an interested party, and establishing a 30 day public comment period that can be extended to 60 days upon request by an interested party; or
              (2) Determine to disapprove the base year emission data and give notice to the applicant of the reasons for the disapproval. An applicant may correct disapproved base year data and submit revised data for review in accordance with this subsection, except that the review of a revision shall be accomplished within 30 days.
              (e) If no adverse public comments are received by the reviewing agency on proposed base year data for a source, the data shall be considered approved at the close of the public comment period and a notice of the approval shall be sent to the applicant and published by the reviewing agency by advertisement in the area affected.
              (f) If adverse comments are received and the reviewing agency agrees that corrections are needed, the reviewing agency shall give notice to the applicant of the disapproval and reasons for the disapproval. An applicant may correct disapproved base year emission data and submit revised emission data. If a revision is submitted by the applicant that, to the satisfaction of the reviewing agency, takes into account the adverse comments, the reviewing agency will publish by advertisement in the area affected a notice containing the approved base year emission data for the source and send notice of the approval to the applicant.
              (g) If adverse comments are received and the reviewing agency determines that the comments do not warrant changes to the base year emission data, the reviewing agency will publish by advertisement in the area affected a notice containing the approved base year emission data for the source and the reasons for not accepting the adverse comments. A notice of the approval also shall be sent to the applicant.
              (h) If an applicant submits revised emission data under paragraph (d)(2) or (f) of this section for a source subject to an enforceable commitment, the applicant also shall submit an amended enforceable commitment which takes into account the revised base year emissions.
              (i) If revised base year emission data are not submitted or notice of intent to submit revised data is not provided to the permitting authority by an applicant within 90 days of receiving adverse comments or a notice of disapproved base year emission data for a source that is subject to an enforceable commitment, the enforceable commitment shall be considered withdrawn and a notice to that effect shall be sent by the reviewing agency to the applicant.

              § 63.77
              Application procedures.
              (a) To apply for an alternative emission limitation under § 63.72, an owner or operator of the source shall file a permit application with the appropriate permitting authority.

              (b) Except as provided in paragraph (e) of this section, the permit application shall contain the information required by § 63.74, as applicable, and the additional information required for a complete permit application as specified by the applicable permit program established pursuant to title V of the Act.
              (c) Permit applications under this section for sources not subject to enforceable commitments shall be submitted by the later of the following dates:
              (1) 120 days after proposal of an otherwise applicable standard issued under section 112(d) of the Act; or
              (2) 120 days after the date an applicable permit program is approved or established pursuant to title V of the Act.
              (d) Permit applications for sources subject to enforceable commitments pursuant to § 63.75 shall be submitted no later than April 30, 1994.
              (e) If the post-reduction year does not end at least one month before the permit application deadline under paragraph (c) of this section, the source may file the post-reduction emissions information required under § 63.74(d)(2), (d)(3), and (d)(5) later as a supplement to the original permit application. In such cases, this supplemental information shall be submitted to the permitting authority no later than one month after the end of the post-reduction year.
              (f) If a source test will be the supporting basis for establishing post-reduction emissions for one or more emissions units in the early reductions source, the test results shall be submitted by the applicable deadline for submittal of a permit application as specified in paragraph (c) or (d) of this section.
              (g) Review and disposition of permit applications submitted under this section will be accomplished according to the provisions of the applicable permit program established pursuant to title V of the Act.
              [58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994]

              § 63.78
              Early reduction demonstration evaluation.
              (a) The permitting authority will evaluate an early reduction demonstration submitted by the source owner or operator in a permit application with respect to the requirements of § 63.74.
              (b) An application for a compliance extension may be denied if, in the judgement of the permitting authority, the owner or operator has failed to demonstrate that the requirements of § 63.74 have been met. Specific reasons for denial include, but are not limited to:
              (1) The information supplied by the owner or operator is incomplete;
              (2) The required 90 percent reduction (95 percent in cases where the hazardous air pollutant is particulate matter) has not been demonstrated;
              (3) The base year or post-reduction emissions are incorrect, based on methods or assumptions that are not valid, or not sufficiently reliable or well documented to determine with reasonable certainty that required reductions have been achieved; or
              (4) The emission of hazardous air pollutants or the performance of emission control measures is unreliable so as to preclude determination that the required reductions have been achieved or will continue to be achieved during the extension period.

              § 63.79
              Approval of applications.
              (a) If an early reduction demonstration is approved and other requirements for a complete permit application are met, the permitting authority shall establish by a permit issued pursuant to title V of the Act enforceable alternative emissions limitations for the source reflecting the reduction which qualified the source for the extension. However, if it is not feasible to prescribe a numerical emissions limitation for one or more emission points in the source, the permitting authority shall establish such other requirements, reflecting the reduction which qualified the source for an extension, in order to assure the source achieves the 90 percent or 95 percent reduction, as applicable.
              (b) An alternative emissions limitation or other requirement prescribed pursuant to paragraph (a) of this section shall be effective and enforceable immediately upon issuance of the permit for the source and shall expire exactly six years after the compliance date of an otherwise applicable standard issued pursuant to section 112(d) of the Act.

              § 63.80
              Enforcement.
              (a) All base year or post-reduction emissions information described in § 63.74 and required to be submitted as part of a permit application under § 63.77 or an enforceable commitment under § 63.75 shall be considered to have been requested by the Administrator under the authority of section 114 of the Act.
              (b) Fraudulent statements contained in any base year or post-reduction emissions submitted to a State or EPA Regional Office under this subpart shall be considered violations of section 114 of the Act and of this subpart and, thus, actionable under section 113 of the Act and can be considered, in appropriate cases, violations of 18 U.S.C. 1001, the general false swearing provision of the United States Code.
              (c) If a source subject to an enforceable commitment fails to achieve reductions before January 1, 1994, sufficient to qualify the source for an extension under this subpart, the source shall be considered to be in violation of the commitment and shall be subject to enforcement action under section 113 of the Act.
              (d) If an early reduction demonstration in a permit application filed under § 63.77 is disapproved for a source not subject to an enforceable commitment, the owner or operator shall comply with an applicable standard issued under section 112(d) of the Act by the compliance date specified in such standard.
              (e) If an early reduction demonstration in a permit application filed under § 63.77 is disapproved for a source that is subject to an enforceable commitment, the owner or operator shall comply with an applicable standard issued under section 112(d) of the Act by the compliance date specified in such standard and will be subject to enforcement action under section 113 of the Act.
              (f) A violation of an alternative emission limitation or other requirement established by permit under § 63.79 (a) or (b) for the source is enforceable pursuant to the authority of section 113 of the Act notwithstanding any demonstration of continuing 90 percent (95 percent for hazardous air pollutants which are particulates) emission reduction over the entire source.

              § 63.81
              Rules for special situations.
              (a) If more than one standard issued under section 112(d) of the Act would be applicable to a source as defined under § 63.73, then the date of proposal referred to in §§ 63.72(a)(2), 63.72(c), 63.74(d)(4), 63.75(c), and 63.77(c) is the date the first applicable standard is proposed.
              (b) Sources emitting radionuclides are not required to reduce radionuclides by 90 (95) percent. Radionuclides may not be increased from the source as a result of the early reductions demonstration.

            Subpart E—Approval of State Programs and Delegation of Federal Authorities

              § 63.90
              Program overview.

              The regulations in this subpart establish procedures consistent with section 112(l) of the Clean Air Act (Act) (42 U.S.C. 7401-7671q). This subpart establishes procedures for the approval of State rules, programs, or other requirements such as permit terms and conditions to be implemented and enforced in place of certain otherwise applicable section 112 Federal rules, emission standards, or requirements (including section 112 rules promulgated under the authority of the Act prior to the 1990 Amendments to the Act). The authority to implement and enforce section 112 Federal rules as promulgated without changes may be delegated under procedures established in this subpart. In this process, States may seek approval of a State mechanism for receiving delegation of existing and future unchanged Federal section 112 standards. This subpart clarifies which part 63, subpart A General Provisions authorities can be delegated to States. This subpart also establishes procedures for the review and withdrawal of section 112 implementation and enforcement authorities delegated through this subpart. This subpart also establishes procedures for the approval of State rules or programs to establish limitations on the potential to emit pollutants listed in or pursuant to section 112(b) of the Act.

              (a) Definitions. The following definitions apply to this subpart.

                Alternative requirements means the requirements, rules, permits, provisions, methods, or other enforceable mechanisms that a State submits for approval under this subpart or subpart A and, after approval, replaces the otherwise applicable Federal section 112 requirements, provisions, or methods.

                Applicability criteria means the regulatory criteria used to define all affected sources subject to a specific section 112 rule.

                Approval means a determination by the Administrator that a State rule, program, or requirement meets the criteria of § 63.91 and the additional criteria of either § 63.92, § 63.93, § 63.94, or § 63.97 as appropriate. For accidental release prevention programs, the criteria of § 63.95 must be met in addition to the criteria of § 63.91. This is considered a “full approval” for the purposes of this subpart. Partial approvals may also be granted as described in this subpart. Any approved requirements become applicable requirements under § 70.2 of this chapter.

                Compliance and enforcement measures means requirements relating to compliance and enforcement, including but not necessarily limited to monitoring methods and procedures, recordkeeping, reporting, plans, inspection, maintenance, and operation requirements, pollution prevention requirements, noticing, field inspections, entry, sampling, or accidental release prevention oversight.

                Intermediate change to monitoring means a modification to federally required monitoring involving “proven technology” (generally accepted by the scientific community as equivalent or better) that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, an intermediate change may set a national precedent for a source category and may ultimately result in a revision to the federally required monitoring. Examples of intermediate changes to monitoring include, but are not limited to:
              (1) Use of a continuous emission monitoring system (CEMS) in lieu of a parameter monitoring approach;
              (2) Decreased frequency for non-continuous parameter monitoring or physical inspections;
              (3) Changes to quality control requirements for parameter monitoring; and
              (4) Use of an electronic data reduction system in lieu of manual data reduction.

                Intermediate change to test method means a within-method modification to a federally enforceable test method involving “proven technology” (generally accepted by the scientific community as equivalent or better) that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, an intermediate change may set a national precedent for a source category and may ultimately result in a revision to the federally enforceable test method. In order to be approved, an intermediate change must be validated according to EPA Method 301 (Part 63, Appendix A) to demonstrate that it provides equal or improved accuracy and precision. Examples of intermediate changes to a test method include, but are not limited to:
              (1) Modifications to a test method's sampling procedure including substitution of sampling equipment that has been demonstrated for a particular sample matrix, and use of a different impinger absorbing solution;
              (2) Changes in sample recovery procedures and analytical techniques, such as changes to sample holding times and use of a different analytical finish with proven capability for the analyte of interest; and
              (3) “Combining” a federally required method with another proven method for application to processes emitting multiple pollutants.

                Level of control means the degree to which a rule, program, or requirement limits emissions or employs design, equipment, work practice, or operational standards, accident prevention, or other requirements or techniques (including a prohibition of emissions) for:

              (1)(i) Each hazardous air pollutant, if individual pollutants are subject to emission limitations, and

              (ii) The aggregate total of hazardous air pollutants, if the aggregate grouping is subject to emission limitations, provided that the rule, program, or requirement would not lead to an increase in risk to human health or the environment; and
              (2) Each substance regulated under part 68 of this chapter.
              (3) Test methods and associated procedures and averaging times are integral to the level of control.

                Local agency means a local air pollution control agency or, for the purposes of § 63.95, any local agency or entity having responsibility for preventing accidental releases which may occur at a source regulated under part 68 of this chapter.

                Major change to monitoring means a modification to federally required monitoring that uses “unproven technology or procedures” (not generally accepted by the scientific community) or is an entirely new method (sometimes necessary when the required monitoring is unsuitable). A major change to monitoring may be site-specific or may apply to one or more source categories and will almost always set a national precedent. Examples of major changes to monitoring include, but are not limited to:
              (1) Use of a new monitoring approach developed to apply to a control technology not contemplated in the applicable regulation;
              (2) Use of a predictive emission monitoring system (PEMS) in place of a required continuous emission monitoring system (CEMS);
              (3) Use of alternative calibration procedures that do not involve calibration gases or test cells;
              (4) Use of an analytical technology that differs from that specified by a performance specification;
              (5) Decreased monitoring frequency for a continuous emission monitoring system, continuous opacity monitoring system, predictive emission monitoring system, or continuous parameter monitoring system;
              (6) Decreased monitoring frequency for a leak detection and repair program; and
              (7) Use of alternative averaging times for reporting purposes.

                Major change to recordkeeping/reporting means:
              (1) A modification to federally required recordkeeping or reporting that:
              (i) May decrease the stringency of the required compliance and enforcement measures for the relevant standards;
              (ii) May have national significance (e.g., might affect implementation of the applicable regulation for other affected sources, might set a national precedent); or
              (iii) Is not site-specific.
              (2) Examples of major changes to recordkeeping and reporting include, but are not limited to:
              (i) Decreases in the record retention for all records;
              (ii) Waiver of all or most recordkeeping or reporting requirements;
              (iii) Major changes to the contents of reports; or
              (iv) Decreases in the reliability of recordkeeping or reporting (e.g., manual recording of monitoring data instead of required automated or electronic recording, or paper reports where electronic reporting may have been required).

                Major change to test method means a modification to a federally enforceable test method that uses “unproven technology or procedures” (not generally accepted by the scientific community) or is an entirely new method (sometimes necessary when the required test method is unsuitable). A major change to a test method may be site-specific, or may apply to one or more sources or source categories, and will almost always set a national precedent. In order to be approved, a major change must be validated according to EPA Method 301 (part 63, appendix A). Examples of major changes to a test method include, but are not limited to:
              (1) Use of an unproven analytical finish;
              (2) Use of a method developed to fill a test method gap;
              (3) Use of a new test method developed to apply to a control technology not contemplated in the applicable regulation; and

              (4) Combining two or more sampling/analytical methods (at least one unproven) into one for application to processes emitting multiple pollutants.

                Minor change to monitoring means:
              (1) A modification to federally required monitoring that:
              (i) Does not decrease the stringency of the compliance and enforcement measures for the relevant standard;
              (ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the monitoring requirements); and
              (iii) Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source.
              (2) Examples of minor changes to monitoring include, but are not limited to:
              (i) Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements;
              (ii) Increased monitoring frequency; and
              (iii) Modification of the environmental shelter to moderate temperature fluctuation and thus protect the analytical instrumentation.

                Minor change to recordkeeping/reporting means:

              (1) A modification to federally required recordkeeping or reporting that:
              (i) Does not decrease the stringency of the compliance and enforcement measures for the relevant standards;
              (ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the recordkeeping or reporting requirement); and
              (iii) Is site-specific.
              (2) Examples of minor changes to recordkeeping or reporting include, but are not limited to:
              (i) Changes to recordkeeping necessitated by alternatives to monitoring;
              (ii) Increased frequency of recordkeeping or reporting, or increased record retention periods;
              (iii) Increased reliability in the form of recording monitoring data, e.g., electronic or automatic recording as opposed to manual recording of monitoring data;
              (iv) Changes related to compliance extensions granted pursuant to § 63.6(i);
              (v) Changes to recordkeeping for good cause shown for a fixed short duration, e.g., facility shutdown;
              (vi) Changes to recordkeeping or reporting that is clearly redundant with equivalent recordkeeping/reporting requirements; and
              (vii) Decreases in the frequency of reporting for area sources to no less than once a year for good cause shown, or for major sources to no less than twice a year as required by title V, for good cause shown.

                Minor change to test method means:
              (1) A modification to a federally enforceable test method that:
              (i) Does not decrease the stringency of the emission limitation or standard;
              (ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the test method); and
              (iii) Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source.
              (2) Examples of minor changes to a test method include, but are not limited to:
              (i) Field adjustments in a test method's sampling procedure, such as a modified sampling traverse or location to avoid interference from an obstruction in the stack, increasing the sampling time or volume, use of additional impingers for a high moisture situation, accepting particulate emission results for a test run that was conducted with a lower than specified temperature, substitution of a material in the sampling train that has been demonstrated to be more inert for the sample matrix; and
              (ii) Changes in recovery and analytical techniques such as a change in quality control/quality assurance requirements needed to adjust for analysis of a certain sample matrix.

                Partial approval means that the Administrator approves under this subpart:

              (1) A State's legal authorities that fully meet the criteria of § 63.91(d)(3)(ii)-(v), and substantially meet the criteria of § 63.91(d)(3)(i) as appropriate; or
              (2) A State rule or program that meets the criteria of § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97 with the exception of a separable portion of that State rule or program which fails to meet those criteria. A separable portion of a State rule or program is defined as a section(s) of a rule or a portion(s) of a program which can be acted upon independently without affecting the overall integrity of the rule or program as a whole.

                Program means, for the purposes of an approval under this subpart, a collection of State authorities, resources, and other requirements that satisfy the criteria of this subpart and subpart A.

                State agency, for the purposes of this subpart, includes State and local air pollution agencies, Indian tribes as defined in § 71.2 of this chapter, and territories of the United States to the extent they are or will be delegated Federal section 112 rules, emission standards, or requirements.

                Stringent or stringency means the degree of rigor, strictness or severity a statute, rule, emission standard, or requirement imposes on an affected source as measured by the quantity of emissions, or as measured by parameters relating to rule applicability and level of control, or as otherwise determined by the Administrator.

                Title V operating permit programs means the part 70 permitting program and the delegated Indian tribal programs under part 70 of this chapter.
              (b) Local agency coordination with State and territorial agencies. Local agencies submitting a rule or program for approval under this subpart shall consult with the relevant State or Territorial agency prior to making a request for approval to the Administrator. A State or Territorial agency may submit requests for approval on behalf of a local agency after consulting with that local agency.
              (c) Tribal authority. A tribal authority may submit a rule or program under this subpart, provided that the tribal authority has received approval, under the provisions of part 49 of this chapter, for administering Federal rules under section 112 of the Act.
              (d) Authorities retained by the Administrator. (1) The following authorities will be retained by the Administrator and will not be delegated:
              (i) The authority to add or delete pollutants from the list of hazardous air pollutants established under section 112(b);
              (ii)-(iii) [Reserved]
              (iv) The authority to add source categories to or delete source categories from the Federal source category list established under section 112(c)(1) or to subcategorize categories on the Federal source category list after proposal of a relevant emission standard;
              (v) The authority to revise the source category schedule established under section 112(e) by moving a source category to a later date for promulgation; and
              (vi) Any other authorities determined to be nondelegable by the Administrator.
              (2) Nothing in this subpart shall prohibit the Administrator from enforcing any applicable rule, emission standard or requirement established under section 112.
              (3) Nothing in this subpart shall affect the authorities and obligations of the Administrator or the State under title V of the Act or under regulations promulgated pursuant to that title.
              (e) Federally-enforceable requirements. All rules, programs, State or local permits, or other requirements approved under this subpart and all resulting part 70 operating permit conditions are enforceable by the Administrator and by citizens under the Act.
              (f) Standards not subject to modification or substitution. With respect to radionuclide emissions from licensees of the Nuclear Regulatory Commission or licensees of Nuclear Regulatory Commission Agreement States which are subject to part 61, subparts I, T, or W of this chapter, a State may request that the EPA approve delegation of implementation and enforcement of the Federal standard pursuant to § 63.91, but no changes or modifications in the form or content of the standard will be approved pursuant to § 63.92, § 63.93, § 63.94, or § 63.97.
              (g) Selection of delegation options. (1) With the exception of paragraphs (g)(2) and (g)(3) of this section, States may only submit requests for approval of alternative requirements for a section 112 Federal rule, emission standard, or other requirement under a single delegation option under this subpart.
              (2) In the case of § 63.94 submittals, if the identified sources in any source category comprise a subset of the sources in that category, the State must accept delegation under one other section of this subpart for the remainder of the sources in that category that are required to be permitted by the State under part 70 of this chapter.
              (3) If the Administrator partially approves the State request per § 63.91(f), the State may submit a request for the remaining section 112 rules, emission standards, or requirements in that category under another section of this subpart.
              [65 FR 55835, Sept. 14, 2000]

              § 63.91
              Criteria for straight delegation and criteria common to all approval options.
              (a) Applicable approval criteria. A State must satisfy the criteria in paragraph (d) of this section for up-front approval to obtain delegation of the Federal section 112 rules, emission standards, or requirements. Once a State has demonstrated it meets the criteria in paragraph (d) of this section, it only needs to reference that demonstration and reaffirm that it still meets the criteria in future submittals. In addition, a State must satisfy the applicable approval criteria in § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97, as specified in the following paragraphs.
              (1) Unchanged Federal section 112 rules (“straight delegation”). To obtain approval of State programs to implement and enforce Federal section 112 rules as promulgated without changes (except for accidental release programs, described in paragraph (a)(4) of this section), only the criteria of paragraph (d) of this section must be met. This includes State requests for one-time approval of their mechanism for taking delegation of future unchanged Federal section 112 rules, emission standards, and requirements as well as approval to implement and enforce unchanged Federal section 112 rules, emission standards, and requirements on a rule-by-rule basis.
              (2) State rules, programs, or requirements that are different from the Federal rule. To obtain approval under this subpart of a rule, program, or requirement that is different from the Federal section 112 rule, emission standard, or requirement, the criteria of paragraph (d) of this section and the criteria of either § 63.92, § 63.93, § 63.94, or § 63.97 must be met.
              (3) Separable portions of State rules, programs, or requirements (“partial approval”). To obtain partial approval under this subpart, a State request must meet the criteria in paragraphs (d) and (f) of this section.
              (4) Programs under part 68 of this chapter, prevention of accidental releases. For approval of State rules or programs to implement and enforce the Federal accidental release prevention program in part 68 of this chapter, as promulgated without changes, the provisions of paragraph (d) of this section, and § 63.95 must be met. For approval of alternative requirements, the provisions of either § 63.92 or § 63.93 must also be met.
              (5) Limits on the potential to emit section 112 pollutants. The Administrator may, under the authority of section 112(l) and this subpart, also approve a State program designed to establish limits on the potential to emit hazardous air pollutants listed pursuant to section 112 of the Act.
              (b) Approval process. When a State submits an initial request for approval, and except as otherwise specified under § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97, for a State's subsequent requests for approval, the approval process will be as shown in the following table:

                  If . . .
                  Then . . .
                  And then . . .

                  (1) A request for approval is received
                  the Administrator will review the request for approval and determine whether the request is complete according to the criteria in this subpart
                  if a request is incomplete, the Administrator will notify the State of the specific deficient elements of the request.

                  (2) A complete request for approval is received

                  the Administrator will seek public comment for a minimum of 30 days through a Federal Register notice on the State's request for approval
                  the Administrator will require that comments be submitted concurrently to the State.

                  (3) A complete request for approval is received and there has been a period of public comment
                  the Administrator will either approve, partially approve, or disapprove the State rule, program, or requirement within 180 days of receipt of a complete request

                  (4) The Administrator finds that all of the criteria of this section are met and all of the criteria of § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97 are met
                  the Administrator will approve or partially approve the State rule, program, or requirement
                  the Administrator will publish it in the Federal Register, and incorporate it directly or by reference, in the appropriate subpart of part 63. Requirements approved under § 63.95 will be incorporated pursuant to requirements under part 68 of this chapter.

                  (5) The Administrator finds that any of the criteria of this section are not met, or any of the criteria of § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97 under which the request for approval was made are not met
                  the Administrator will notify the State of any revisions or additions necessary to obtain approval
                  any resubmittal by a State of a request for approval will be considered a new request under this subpart.

                  (6) A State rule, program, or requirement is disapproved
                  unless the State can revise the submittal to meet the criteria, the Administrator will disapprove the State rule, program, or requirement

                  the Administrator will publish the disapproval in the Federal Register.

              (c) Enforcement. (1) Approval of the alternative rule, program, or requirement delegates to the State the authority to implement and enforce the approved rule, program, or requirement in lieu of the otherwise applicable Federal section 112 rule, emission standard, or requirement.
              (i) The approved State rule, program, or requirement shall be federally enforceable from the date the Administrator signs the approval, with two exceptions. For States that implement unchanged Federal requirements (§ 63.91, straight delegation) via their title V permit program, and for States using the equivalency by permit option (63.94), the approved requirements shall be federally enforceable on the date of issuance or revision of the title V permit.
              (ii) In the case of a partial approval under paragraph (f)(1) of this section, only those authorities of the State request found to meet the requirements of this section will be approved; the remaining Federal authorities will be implemented and enforced by EPA.
              (iii) For partial approvals under paragraph (f)(3) of this section, only the portion of the State rule that is approved will be federally enforceable; the remainder continues to be State enforceable only.
              (2) When a State rule, program, or requirement is approved by the Administrator under this subpart, applicable title V permits shall be revised according to the provisions of § 70.7(f) of this chapter.

              (i) Each permit shall specify the origin of the alternative conditions per § 70.6 (a)(i) of this chapter and specifically reference the Federal Register notice or other EPA approval mechanism in the permit.
              (ii) When approved alternative requirements are incorporated in a permit, those requirements must be clearly identified and carried forward in any subsequent permit revisions or renewals. If the permit is not renewed, or if a revision or renewal does not carry the alternate requirements forward, then the Federal section 112 requirements become the applicable requirements.
              (3) If approval is withdrawn under § 63.96, all otherwise applicable Federal rules and requirements shall be enforceable in accordance with the compliance schedule established in the withdrawal notice and relevant title V permits shall be revised according to the provisions of § 70.7(f) of this chapter.
              (d) Criteria for approval. (1) Any request for approval under this subpart shall meet all section 112(l) approval criteria specified by the otherwise applicable Federal section 112 rule, emission standard, or requirement, all of the approval criteria of this section, and any additional approval criteria in § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97.
              (2) Once a State has satisfied the § 63.91(d) up-front approval requirements, it only needs to reference the previous demonstration and reaffirm that is still meets the criteria for any subsequent equivalency submittals.
              (3) Interim or final title V program approval will satisfy the criteria set forth in § 63.91(d), up-front approval criteria. Alternatively, the State must provide the following items in paragraphs (d)(3)(i) through (v) of this section to the Administrator:
              (i) A written finding by the State Attorney General (or for a local agency or tribal authority, the General Counsel with full authority to represent the local agency or tribal authority) that the State has the necessary legal authority to implement and to enforce the State rule, program, or requirement upon approval and to assure compliance by all sources within the State with each applicable section 112 rule, emission standard, or requirement. For full approval, the State must have the following legal authorities concerning enforcement and compliance assurance:
              (A) The State shall have enforcement authorities that meet the requirements of § 70.11 of this chapter, except that tribal authorities shall have enforcement authorities that meet the requirements of part 49 of this chapter, the Tribal Air Rule.
              (B) The State shall have authority to request information from regulated sources regarding their compliance status.
              (C) The State shall have authority to inspect sources and any records required to determine a source's compliance status.
              (D) If a State delegates authorities to a local agency, the State must retain enforcement authority unless the local agency has authorities that meet the requirements of § 70.11 of this chapter.
              (ii) A copy of State statutes, regulations, and requirements that contain the appropriate provisions granting authority to implement and enforce the State rule, program, or requirement upon approval.
              (iii) A demonstration that the State has adequate resources to implement and enforce all aspects of the rule, program, or requirement upon approval (except for authorities explicitly retained by the Administrator, such as those pursuant to paragraph (f) of this section or pursuant to part 49 of this chapter), which includes:
              (A) A description in narrative form of the scope, structure, coverage, and processes of the State program.
              (B) A description of the organization and structure of the agency or agencies that will have responsibility for administering the program.
              (C) A description of the agency's capacity to carry out the State program, including the number, occupation, and general duties of the employees.
              (iv) A schedule demonstrating expeditious State implementation of the rule, program, or requirement upon approval.
              (v) A plan that assures expeditious compliance by all sources subject to the State rule, program, or requirement upon approval. The plan should include, at a minimum, a complete description of the State's compliance tracking and enforcement program, including but not limited to inspection strategies.
              (4) If any of the State documents that are required to support an approval under this subpart are readily available to the EPA and to the public, the State may cite the relevant portions of the documents or indicate where they are available (e.g., by providing an Internet address) rather than provide copies.
              (5) Electronic documents. Submission of electronic documents shall comply with the requirements of 40 CFR part 3—(Electronic reporting).
              (e) Revisions. Within 90 days of any State amendment, repeal, or revision of any State rule, program, permit, or other requirement approved as an alternative to a Federal requirement or part of the authority necessary for the up-front approval, the State must provide the Administrator with a copy of the revised authorities and meet the requirements of either paragraph (e)(1) or (e)(2) of this section.

              (1)(i) The State shall provide the Administrator with a written finding by the State Attorney General (or for a local agency or tribal authority, the General Counsel with full authority to represent the local agency or tribal authority) that the State's revised legal authorities are adequate to continue to implement and to enforce all previously approved State rules and the approved State program (as applicable) and adequate to continue to assure compliance by all sources within the State with approved rules, the approved program, the approved permit, or other requirements (as applicable) and each applicable section 112 rule, emission standard, or requirement.
              (ii) If the Administrator determines that the written finding is not adequate, the State shall request approval of the revised rule, program, permit, or other requirement according to the provisions of paragraph (e)(2) of this section.
              (2) The State shall request approval under this subpart for any revised rule, program, permit, or other requirement.
              (i) If the Administrator approves the revised rule, program, permit, or other requirement, the revision will replace the previously approved rule, program, permit, or other requirement.
              (ii) If the Administrator disapproves the revised rule, program, permit, or other requirement, the Administrator will initiate procedures under § 63.96 to withdraw approval of any previously approved rule, program, permit, or other requirement that may be affected by the revised authorities.
              (iii) Until such time as the Administrator approves or withdraws approval of a revised rule, program, permit, or other requirement, the previously approved rule, program, permit, or requirement remains federally enforceable and the revision is not federally enforceable.
              (3) If the EPA amends, or otherwise revises a promulgated section 112 rule or requirement in a way that increases its stringency, the EPA will notify any State which has received delegation under this subpart of the need to revise their equivalency demonstration.
              (i) The EPA Regional Office will consult with the affected State(s) to set a time frame for the State(s) to submit a revised equivalency demonstration.
              (ii) The revised equivalency demonstration will be reviewed and approved or disapproved according to the procedures set forth in this section and § 63.91, § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97, whichever are applicable.
              (f) Partial approval. The partial approval process under this subpart is described in the following table:

                  If . . .
                  Then . . .
                  And . . .

                  (1) A State's legal authorities submitted under this subpart substantially meet the requirements of paragraph (d)(3)(i) of this section, but are not fully approvable
                  the Administrator may grant a partial approval with the State's consent
                  The EPA will continue to implement and enforce those authorities under paragraph (d)(3)(i) of this section that are not approved.

                  (2) Any of the other requirements in paragraphs (d)(3)(ii)-(v) of this section are not approvable
                  the Administrator will disapprove the submittal

                  (3) A rule, requirement, or program submitted under this subpart meets the requirements of § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97 as appropriate, with the exception of a separable portion of that rule, requirement, or program
                  the Administrator may remove that separable portion with the State's consent
                  the Administrator may then grant a partial approval of the portion of the rule, requirement, or program that meets the requirements of this subpart.

                  (4) the Administrator determines that there are too many areas of deficiency or that separating the responsibilities between Federal and State government would be too cumbersome and complex
                  the Administrator may disapprove the submittal in its entirety

              (g) Subpart A, Delegable authorities. A State may exercise certain authorities granted to the Administrator under subpart A, but may not exercise others, according to the following criteria:

              (1) A State may ask the appropriate EPA Regional Office to delegate any of the authorities listed as “Category I”, in paragraph (g)(1)(i) of this section. The EPA Regional Office will delegate any such authorities at their discretion.
              (i) “Category I” shall consist of the following authorities:
              Category I Authorities
              (A) Section 63.1, Applicability Determinations
              (B) Section 63.6(e), Operation and Maintenance Requirements—Responsibility for Determining Compliance
              (C) Section 63.6(f), Compliance with Non-Opacity Standards—Responsibility for Determining Compliance
              (D) Section 63.6(h), Compliance with Opacity and Visible Emissions Standards—Responsibility for Determining Compliance
              (E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans
              (F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods
              (G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test Methods
              (H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables or Other Factors
              (I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance Testing
              (J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific Performance Evaluation (Monitoring) Test Plans
              (K) Section 63.8(f), Approval of Minor Alternatives to Monitoring
              (L) Section 63.8(f), Approval of Intermediate Alternatives to Monitoring
              (M) Section 63.9 and 63.10, Approval of Adjustments to Time Periods for Submitting Reports
              (N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and Reporting

              (O) Section 63.7(a)(4), Extension of Performance Test Deadline

              (ii) The State must maintain a record of all approved alternatives to all monitoring, testing, recordkeeping, and reporting requirements and provide this list of alternatives to its EPA Regional Office at least semi-annually, or on a more frequent basis if requested by the Regional Office. The Regional Office may audit the State-approved alternatives and disapprove any that it determines are inappropriate, after discussion with the State. If changes are disapproved, the State must notify the source that it must revert to the original applicable monitoring, testing, recordkeeping, and/or reporting requirements (either those requirements of the original section 112 requirement, the alternative requirements approved under this subpart, or the previously approved site-specific alternative requirements). Also, in cases where the source does not maintain the conditions which prompted the approval of the alternatives to the monitoring, testing, recordkeeping, and/or reporting requirements, the State (or EPA Regional Office) must require the source to revert to the original monitoring, testing, recordkeeping, and reporting requirements, or more stringent requirements, if justified.
              (2)(i) A State may not ask the appropriate EPA Regional Office to delegate any of the authorities listed as “Category II” in paragraph (g)(2)(ii) of this section.
              (ii) “Category II” shall consist of the following authorities:
              Category II Authorities
              (A) Section 63.6(g), Approval of Alternative Non-Opacity Emission Standards
              (B) Section 63.6(h)(9), Approval of Alternative Opacity Standards
              (C) Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods
              (D) Section 63.8(f), Approval of Major Alternatives to Monitoring
              (E) Section 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting
              [65 FR 55837, Sept. 14, 2000, as amended at 70 FR 59887, Oct. 13, 2005; 72 FR 27443, May 16, 2007]

              § 63.92
              Approval of State requirements that adjust a section 112 rule.
              Under this section a State may seek approval of State requirements that make pre-approved adjustments to a Federal section 112 rule, emission standard, or requirement that are unambiguously no less stringent than the Federal rule, emission standard, or requirement.
              (a) Approval process. (1) If the Administrator finds that the criteria of this section and the criteria of § 63.91 are met, the Administrator will approve the State requirements, publish them in the Federal Register, and incorporate them, directly or by reference, in the appropriate subpart of part 63, without additional notice and opportunity for comment. Requirements approved under § 63.95 will be incorporated pursuant to requirements under part 68 of this chapter.
              (2) If the Administrator finds that any one of the State adjustments to the Federal rule is in any way ambiguous with respect to the stringency of applicability, level of control, compliance and enforcement measures, or the compliance date for any affected source or emission point, the Administrator will either disapprove the State request or consider the request under § 63.93.

              (3) Within 60 days of receiving a complete request for approval under this section, the Administrator will either approve or disapprove the State request. If approved, the change will be effective upon signature of the Federal Register notice.
              (4) Requirements submitted for approval under this section shall include either title V permits, title V general permits, Federal new source review permits, or State rules. Permits must already be issued to be used under this section.
              (5) If the State uses a permit as the basis of alternative requirements under this section, the relevant permit terms and conditions must remain applicable to the source, even if the source takes steps that would otherwise release it from an obligation to have a permit.
              (b) Criteria for approval. Any request for approval under this section shall meet all of the criteria of this section and § 63.91 before approval. The State shall provide the Administrator with:
              (1) A demonstration that the public within the State has had adequate notice and opportunity to submit written comment on the State requirements, and
              (2) A demonstration that each State adjustment to the Federal rule individually results in requirements that:
              (i) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to applicability;
              (ii) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to level of control for each affected source and emission point;
              (iii) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to compliance and enforcement measures for each affected source and emission point; and
              (iv) Assure compliance by every affected source no later than would be required by the otherwise applicable Federal rule.
              (3) State adjustments to Federal section 112 rules which may be part of an approved rule under this section are:
              (i) Lowering a required emission rate or de minimis level;
              (ii) Adding a design, work practice, operational standard, emission rate or other such requirement;
              (iii) Increasing a required control efficiency;
              (iv) Increasing the frequency of required reporting, testing, sampling or monitoring;
              (v) Adding to the amount of information required for records or reports;
              (vi) Decreasing the amount of time to come into compliance;
              (vii) Subjecting additional emission points or sources within a source category to control requirements;
              (viii) Any adjustments allowed in a specific section 112 rule;
              (ix) Minor editorial, formatting, and other nonsubstantive changes; or
              (x) Identical alternative requirements previously approved by the Administrator in another local agency within the same State, if previously noticed that the alternative requirements would be applicable in the jurisdiction seeking approval under this section.
              [65 FR 55840, Sept. 14, 2000]

              § 63.93
              Approval of State requirements that substitute for a section 112 rule.

              Under this section a State may seek approval of State requirements which differ from a Federal section 112 rule for which they would substitute, such that the State requirements do not qualify for approval under § 63.92.
              (a) Approval process. (1) After receiving a complete request for approval under this section and making a preliminary determination on its equivalence, the Administrator will seek public comment on the State's request for a minimum of 30 days through a Federal Register notice. The Administrator will require that comments be submitted concurrently to the State.

              (2) If, after review of public comments and any State responses to comments submitted to the Administrator, the Administrator finds that the criteria of this section and the criteria of § 63.91 are met, the Administrator will approve the State requirements under this section, publish the approved requirements in the Federal Register, and incorporate them directly or by reference, in the appropriate subpart of part 63. Requirements approved under § 63.95 will be incorporated pursuant to requirements under part 68 of this chapter.
              (3) If the Administrator finds that any of the requirements of this section or § 63.91 have not been met, the Administrator may partially approve or disapprove the State requirements. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what actions that State can take to make the requirements approvable.
              (4) Requirements submitted for approval under this section shall include either: State rules, title V permits, title V general permits, Federal new source review permits, board and administrative orders, permits issued pursuant to permit templates, or State operating permits. Permits must already be issued to be used under this section.
              (5) If the State uses a permit as the basis of alternative requirements under this section, the relevant permit terms and conditions must remain applicable to the source even if it takes steps that would otherwise release it from an obligation to have a permit.
              (6) Within 180 days of receiving a complete request for approval under this section, the Administrator will either approve, partially approve, or disapprove the State request.
              (b) Criteria for approval. Any request for approval under this section shall meet all of the criteria of this section and § 63.91 before approval. The State shall provide the Administrator with detailed documentation that the State requirements contain or demonstrate:
              (1) Applicability criteria that are no less stringent than those in the respective Federal rule;
              (2) Levels of control (including associated performance test methods) and compliance and enforcement measures that result in emission reductions from each affected source or accidental release prevention program requirements for each affected source that are no less stringent than would result from the otherwise applicable Federal rule;
              (3) A compliance schedule that requires each affected source to be in compliance within a time frame consistent with the deadlines established in the otherwise applicable Federal rule; and
              (4) At a minimum, the approved State requirements must include the following compliance and enforcement measures. (For requirements addressing the accidental release prevention program, minimum compliance and enforcement provisions are described in § 63.95.)
              (i) The approved requirements must include monitoring or another method for determining compliance.
              (ii) If a standard in the approved rule is not instantaneous, a maximum averaging time must be established.
              (iii) The requirements must establish an obligation to periodically monitor for compliance using the monitoring or another method established in paragraph (b)(4)(i) of this section sufficient to yield reliable data that are representative of the source's compliance status.
              [65 FR 55841, Sept. 14, 2000]

              § 63.94
              Approval of State permit terms and conditions that substitute for a section 112 rule.

              Under this section a State may seek approval of State permit terms and conditions to be implemented and enforced in lieu of specified existing and future Federal section 112 rules, emission standards, or requirements promulgated under section 112, for those affected sources permitted by the State under part 70 of this chapter. The State may not seek approval under this section for permit terms and conditions that implement and enforce part 68 requirements.
              (a) Up-front approval process. (1) A State must submit a request that meets the requirements of paragraph (b) of this section. After receiving a complete request for approval of a State program under this section and making a preliminary determination of equivalence, the Administrator will seek public comment for 21 days through a Federal Register notice. The Administrator will require that comments be submitted concurrently to the State.

              (2) If, after review of all public comments, and State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (b) of this section and the criteria of § 63.91 are met, the Administrator will approve the State program. The approved program will be published in the Federal Register and incorporated directly or by reference in the appropriate subpart of part 63.
              (3) If the Administrator finds that any of the criteria of paragraph (b) of this section or § 63.91 have not been met, the Administrator will partially approve or disapprove the State program. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what action the State can take to make the programs approvable.
              (4) Within 90 days of receiving a complete request for approval under this section, the Administrator will either approve, partially approve, or disapprove the State request.
              (b) Criteria for up-front approval. Any request for program approval under this section shall meet all of the criteria of this paragraph and § 63.91 before approval. The State shall provide the Administrator with:
              (1)(i) To the extent possible, an identification of all specific sources in source categories listed pursuant to subsection 112(c) for which the State is seeking authority to implement and enforce alternative requirements under this section;
              (ii) If the identified sources in any source category comprise a subset of the sources in that category within the State's jurisdiction, the State shall request delegation for the remainder of the sources in that category that are required to be permitted by the State under part 70 of this chapter. The State shall request delegation for the remainder of the sources in that category under another section of this subpart.
              (iii) Prior to submitting a request for one or more sources within a source category, the State shall consult with their EPA Regional Office regarding the number of sources in a category eligible for submittal under this option. Based on the Regional Office's decision, the State shall limit the number of sources for which it submits permit requirements.
              (2) To the extent possible, an identification of all existing and future section 112 emission standards for which the State is seeking authority under this section to implement and enforce alternative requirements.
              (3) If, after approval of the initial list of source categories identified in paragraph (b)(2) of this section, the State adds source categories for approval under this option, the State shall submit an addendum to the up-front approval submission, and identify the addition to the lists. The Administrator will follow the process outlined in paragraph (a) of this section for up-front approval.
              (4) A one-time demonstration that the State has an approved title V operating permit program and that the program permits the affected sources.
              (c) Approval process for alternative requirements. (1) After promulgation of a Federal section 112 rule, emission standard, or requirement for which the State has up-front approval to implement and enforce alternative requirements in the form of title V permit terms and conditions, the State shall provide the Administrator with pre-draft title V permit terms and conditions that are sufficient, in the Administrator's judgement, to allow the Administrator to determine equivalency. The permit terms and conditions shall reflect all of the requirements of the otherwise applicable Federal section 112 rule, emission standard, or requirement.
              (2) [Reserved]
              (3) If, the Administrator receives a complete request and finds the pre-draft title V permit terms and conditions submitted by the State meet the criteria of paragraph (d), the Administrator will approve the State's alternative requirements (by approving the pre-draft permit terms and conditions) and notify the State in writing of the approval.
              (4) The Administrator may approve the State's alternative requirements on the condition that the State makes certain changes to the pre-draft title V permit terms and conditions and includes the changes in the complete pre-draft, proposed, and final title V permits for the affected sources. If the Administrator approves the alternative requirements on the condition that the State makes certain changes to them, the State shall make those changes or the alternative requirements will not be federally enforceable when they are included in the final permit, even if the Administrator does not object to the proposed permit. Until the Administrator affirmatively approves the State's alternative requirements (by approving the pre-draft permit terms and conditions) under this paragraph, and those requirements (permit terms) are incorporated into the final title V permit for any affected source, the otherwise applicable Federal emission standard(s) remain the federally enforceable and applicable requirements for that source.
              (5) If, after evaluating the pre-draft title V permit terms and conditions that were submitted by the State, the Administrator finds that the criteria of paragraph (d) of this section have not been met, the Administrator will disapprove the State's alternative requirements and notify the State in writing of the disapproval. In the notice of disapproval, the Administrator will specify the deficient or nonapprovable elements of the State's alternative requirements.
              (6) Within 90 days of receiving a complete request for approval under this paragraph, the Administrator will either approve, partially approve, or disapprove the State's alternative requirements.
              (7) Nothing in this section precludes the State from submitting alternative requirements in the form of title V permit terms and conditions or title V general permit terms and conditions for approval under this paragraph at the same time the State submits its program to the Administrator for up-front approval under paragraph (a) of this section, provided that the Federal emission standards for which the State submits alternative requirements are promulgated at the time of the State's submittal. If the Administrator finds that the criteria of § 63.91 and the criteria of paragraphs (b) and (d) of this section are met, the Administrator will approve both the State program and the permit terms and conditions within 90 days of receiving a complete request for approval.
              (d) Approval criteria for alternative requirements. Any request for approval under this paragraph shall meet the following criteria. Taken together, the criteria in this paragraph describe the minimum contents of a State's equivalency demonstration for a promulgated Federal section 112 rule, emission standard, or requirement. To be approvable, the State submittal must contain sufficient detail to allow the Administrator to make a determination of equivalency between the State's alternative requirements and the Federal requirements. Each submittal of alternative requirements in the form of pre-draft permit terms and conditions for an affected source shall:
              (1) Identify the specific, practicably enforceable terms and conditions with which the source would be required to comply upon issuance, renewal, or revision of the title V permit. The State shall submit permit terms and conditions that reflect all of the requirements of the otherwise applicable Federal section 112 rule, emission standard, or requirement. The State shall identify for the Administrator the specific permit terms and conditions that contain alternative requirements.

              (2) Identify specifically how the alternative requirements in the form of permit terms and conditions are the same as or differ from the requirements in the otherwise applicable Federal section 112 rule, emission standard, or requirement (including any applicable requirements in subpart A or other subparts or appendices). The State shall provide this identification in a side-by-side comparison of the State's requirements in the form of permit terms and conditions and the requirements of the Federal section 112 rule, emission standard, or requirement.
              (3) The State shall provide the Administrator with detailed documentation that demonstrates that the alternative requirements meet the criteria specified in § 63.93(b), i.e., that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements.
              (e) Incorporation of permit terms and conditions into title V permits. (1) After approval of the State's alternative requirements under this section, the State shall incorporate the approved permit terms and conditions into title V permits for the affected sources. The State shall issue or revise the title V permits according to the provisions contained in § 70.7 of this chapter. The alternative permit terms and conditions may substitute for the Federal requirements once they are contained in a valid title V permit. If the State does not write the alternative conditions, exactly as approved, into the permit, EPA may reopen the permit for cause per § 70.7(g) of this chapter, and the delegation may not occur.
              (2) In the notice of pre-draft permit availability, and in each pre-draft, proposed, and final permit, the State shall indicate prominently that the permit contains alternative section 112 requirements. In the notice of pre-draft permit availability, the State shall specifically solicit public comment on the alternative requirements. In addition, the State shall attach all documents supporting the approved equivalency determination for those alternative requirements to each pre-draft, proposed, and final permit.
              [65 FR 55841, Sept. 14, 2000]

              § 63.95
              Additional approval criteria for accidental release prevention programs.
              (a) A State submission for approval of a part 68 program must meet the criteria and be in accordance with the procedures of this section, § 63.91, and, where appropriate, either § 63.92 or § 63.93.
              (b) The State part 68 program application shall contain the following elements consistent with the procedures in § 63.91 and, where appropriate, either § 63.92 or § 63.93 of this subpart, for at least the chemicals listed in part 68 subpart F (“federally-listed chemicals”) that an approvable State Accidental Release Prevention program is regulating:
              (1)(i) A demonstration of the State's authority and resources to implement and enforce regulations that are no less stringent than the regulations of part 68, subparts A through G and § 68.200 of this chapter; and
              (ii) A requirement that any source subject to the State's part 68 program submit a Risk Management Plan (RMP) that reports at least the same information in the same format as required under part 68, subpart G of this chapter.
              (2) A State's RMP program may require reporting of information not required by the Federal program, and these requirements (like any other additional State requirements) will become federally enforceable upon approval. The extent to which EPA will be able to help a State collect and report additional information through EPA's electronic RMP submission system will be determined on a case-by-case basis.
              (3) Procedures for reviewing risk management plans and providing technical assistance to stationary sources, including small businesses.
              (4) A demonstration of the State's authority to enforce all part 68 requirements must be made, including an auditing strategy that complies with § 68.220 of this chapter.

              (c) A State may request approval for a program that covers all of the federally-listed chemicals (a “complete program”) or a program covering less than all of the federally-listed chemicals (a “partial program”) as long as the State takes delegation of the full part 68 program for the federally-listed chemicals it regulates.
              [65 FR 55843, Sept. 14, 2000]

              § 63.96
              Review and withdrawal of approval.
              (a) Submission of information for review of approval. (1) The Administrator may at any time request any of the following information to review the adequacy of implementation and enforcement of an approved rule or program and the State shall provide that information within 45 days of the Administrator's request:
              (i) Copies of any State statutes, rules, regulations or other requirements that have amended, repealed or revised the approved State rule or program since approval or since the immediately previous EPA review;
              (ii) Information to demonstrate adequate State enforcement and compliance monitoring activities with respect to all approved State rules and with all section 112 rules, emission standards or requirements;
              (iii) Information to demonstrate adequate funding, staff, and other resources to implement and enforce the State's approved rule or program;
              (iv) A schedule for implementing the State's approved rule or program that assures compliance with all section 112 rules and requirements that the EPA has promulgated since approval or since the immediately previous EPA review,
              (v) A list of part 70 or other permits issued, amended, revised, or revoked since approval or since immediately previous EPA review, for sources subject to a State rule or program approved under this subpart.
              (vi) A summary of enforcement actions by the State regarding violations of section 112 requirements, including but not limited to administrative orders and judicial and administrative complaints and settlements.
              (2) Upon request by the Administrator, the State shall demonstrate that each State rule, emission standard or requirement applied to an individual source is no less stringent as applied than the otherwise applicable Federal rule, emission standard or requirement.
              (b) Withdrawal of approval of a state rule or program. (1) If the Administrator has reason to believe that a State is not adequately implementing or enforcing an approved rule or program according to the criteria of this section or that an approved rule or program is not as stringent as the otherwise applicable Federal rule, emission standard or requirements, the Administrator will so inform the State in writing and will identify the reasons why the Administrator believes that the State's rule or program is not adequate. The State shall then initiate action to correct the deficiencies identified by the Administrator and shall inform the Administrator of the actions it has initiated and completed. If the Administrator determines that the State's actions are not adequate to correct the deficiencies, the Administrator will notify the State that the Administrator intends to withdraw approval and will hold a public hearing and seek public comment on the proposed withdrawal of approval. The Administrator will require that comments be submitted concurrently to the State. Upon notification of the intent to withdraw, the State will notify all sources subject to the relevant approved rule or program that withdrawal proceedings have been initiated.
              (2) Based on any public comment received and any response to that comment by the State, the Administrator will notify the State of any changes in identified deficiencies or actions needed to correct identified deficiencies. If the State does not correct the identified deficiencies within 90 days after receiving revised notice of deficiencies, the Administrator shall withdraw approval of the State's rule or program upon a determination that:
              (i) The State no longer has adequate authorities to assure compliance or re-sources to implement and enforce the approved rule or program, or
              (ii) The State is not adequately implementing or enforcing the approved rule or program, or
              (iii) An approved rule or program is not as stringent as the otherwise applicable Federal rule, emission standard or requirement.

              (3) The Administrator may withdraw approval for part of a rule, for a rule, for part of a program, or for an entire program.
              (4) Any State rule, program or portion of a State rule or program for which approval is withdrawn is no longer Federally enforceable. The Federal rule, emission standard or requirement that would have been applicable in the absence of approval under this will be the federally enforceable rule, emission standard or requirement.
              (i) Upon withdrawal of approval, the Administrator will publish an expeditious schedule for sources subject to the previously approved State rule or program to come into compliance with applicable Federal requirements. Such schedule shall include interim emission limits where appropriate. During this transition, sources must be operated in a manner consistent with good air pollution control practices for minimizing emissions.
              (ii) Upon withdrawal, the State shall reopen, under the provisions of § 70.7(f) of this chapter, the part 70 permit of each source subject to the previously approved rules or programs in order to assure compliance through the permit with the applicable requirements for each source.
              (iii) If the Administrator withdraws approval of State rules applicable to sources that are not subject to part 70 permits, the applicable State rules are no longer Federally enforceable.
              (iv) If the Administrator withdraws approval of a portion of a State rule or program, other approved portions of the State rule or program that are not withdrawn shall remain in effect.
              (v) Any applicable Federal emission standard or requirement shall remain enforceable by the EPA as specified in section 112(l)(7) of the Act.
              (5) If a rule approved under § 63.93 is withdrawn under the provisions of § 63.96(b)(2) (i) or (ii), and, at the time of withdrawal, the Administrator finds the rule to be no less stringent than the otherwise applicable Federal requirement, the Administrator will grant equivalency to the previously approved State rule under the appropriate provisions of this part.
              (6) A State may submit a new rule, program or portion of a rule or program for approval after the Administrator has withdrawn approval of the State's rule, program or portion of a rule or program. The Administrator will determine whether the new rule or program or portion of a rule or program is approvable according to the criteria and procedures of § 63.91 and either of § 63.92, § 63.93 or § 63.94.
              (7) A State may voluntarily withdraw from an approved State rule, program or portion of a rule or program by notifying the EPA and all affected sources subject to the rule or program and providing notice and opportunity for comment to the public within the State.
              (i) Upon voluntary withdrawal by a State, the Administrator will publish a timetable for sources subject to the previously approved State rule or program to come into compliance with applicable Federal requirements.
              (ii) Upon voluntary withdrawal, the State must reopen and revise the part 70 permits of all sources affected by the withdrawal as provided for in this section and § 70.7(f), and the Federal rule, emission standard, or requirement that would have been applicable in the absence of approval under this subpart will become the applicable requirement for the source.
              (iii) Any applicable Federal section 112 rule, emission standard or requirement shall remain enforceable by the EPA as specified in section 112(l)(7) of the Act.
              (iv) Voluntary withdrawal shall not be effective sooner than 180 days after the State notifies the EPA of its intent to voluntarily withdraw.
              [65 FR 55843, Sept. 14, 2000]

              § 63.97
              Approval of a State program that substitutes for section 112 requirements.
              Under this section, a State may seek approval of a State program to be implemented and enforced in lieu of specified existing or future Federal emission standards or requirements promulgated under section 112. A State may not seek approval under this section for a program that implements and enforces part 68 requirements.
              (a) Up-front approval process. (1) After receiving a complete request for approval of a State program submitted under paragraph (b)(1) or (b)(2) of this section and making a preliminary determination on whether to approve it, the Administrator will seek public comment for 21 days through a Federal Register notice. At its discretion, the State may include in this submittal a request for approval of specific alternative requirements under paragraph (b)(3) of this section.
              (2) [Reserved]
              (3) The Administrator will require that comments be submitted concurrently to the State.

              (4) If, after review of all public comments and State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (b) of this section and the criteria of § 63.91 are met, the Administrator will approve or partially approve the State program. The approved State program will be published in the Federal Register and incorporated, directly or by reference, in the appropriate subpart of part 63.
              (5) If the Administrator finds that any of the criteria of paragraph (b) of this section or § 63.91 have not been met, the Administrator will partially approve or disapprove the State program.
              (6) The Administrator will either approve, partially approve, or disapprove the State request:
              (i) Within 90 days after receipt of a complete request for approval of a State program submitted under paragraph (b)(1) or (b)(2) of this section; or
              (ii) Within 180 days after receipt of a complete request for approval of a State program submitted under paragraphs (b)(1) or (b)(2) and paragraph (b)(3) of this section.
              (b) Criteria for up-front approval. Any request for program approval under this section shall meet all of the criteria of this paragraph and § 63.91 before approval.
              (1) For every request for program approval under this section, the State shall provide the Administrator, to the extent possible, with an identification of the initial specific source categories listed pursuant to section 112(c) and an identification of all existing and future section 112 emission standards or other requirements for which the State is seeking authority to implement and enforce alternative requirements under this section.
              (2) If, after approval of the initial list of specific source categories identified in paragraph (b)(1) of this section, the State adds source categories for approval under this option, the State shall submit an addendum to the approval submission, and identify the addition to the list.
              (3) In addition, the State may provide the Administrator with one or more of the following program elements for approval under this paragraph:
              (i) Alternative requirements in State rules, regulations, or general permits (or other enforceable mechanisms) that apply generically to one or more categories of sources and for which the State seeks approval to implement and enforce in lieu of specific existing Federal section 112 emission standards or requirements. The Administrator may approve or disapprove the alternative requirements in these rules, regulations, or permits when approving or disapproving the State's up-front submittal under this paragraph. After approval of the alternative generic rules, regulations or general permits, and after new Federal emission standards or requirements are promulgated, the State may extend the applicability of approved generic alternative requirements to additional source categories by repeating the approval process specified in paragraph (a) of this section. To be approvable, any request for approval of generic alternative requirements during the up-front approval process shall meet the criteria in paragraph (d) of this section.

              (ii) A description of the mechanisms that are enforceable as a matter of State law that the State will use to implement and enforce alternative requirements for area sources. The mechanisms that may be approved under this paragraph include title V permits, title V general permits, Federal new source review permits, board and administrative orders, permits issued pursuant to permit templates, state permits, and State rules that apply to categories of sources. The State shall demonstrate to the Administrator that the State has adequate resources and authorities to implement and enforce alternative section 112 requirements using the State mechanisms.

              (c) Approval process for alternative requirements. (1) After promulgation of a Federal emission standard or requirement for which the State has program approval under this section to implement and enforce alternative requirements, the State shall provide the Administrator with alternative requirements that are sufficient, in the Administrator's judgement, to allow the Administrator to determine equivalency under paragraph (d) of this section. The alternative requirements shall reflect all of the requirements of the otherwise applicable Federal section 112 rule, emission standard, or requirement, including any alternative requirements that the State is seeking to implement and enforce. Alternative requirements submitted for approval under this paragraph shall be contained in rules, regulations, general permits, or other mechanisms that apply to and are enforceable under State law for categories of sources. State policies are not approvable under this section unless they are incorporated into specific, enforceable, alternative requirements in rules, permits, or other mechanisms that apply to categories of sources.
              (2) [Reserved]

              (3) After receiving a complete request for approval under this section and making a preliminary determination on its equivalence, the Administrator will seek public comment for a minimum of 21 days through a Federal Register notice. The Administrator will require that comments be submitted concurrently to the State.

              (4) If, after review of public comments and any State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (d) of this section and the criteria of § 63.91 are met, the Administrator will approve the State's alternative requirements. The approved alternative requirements will be published in the Federal Register and incorporated, directly or by reference, in the appropriate subpart of part 63.
              (5) If the Administrator finds that any of the requirements of paragraph (d) of this section or § 63.91 have not been met, the Administrator will partially approve or disapprove the State's alternative requirements. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what action the State can take to make the alternative requirements approvable.
              (6) Within 180 days of receiving a complete request for approval under this paragraph, the Administrator will either approve, partially approve, or disapprove the State request.
              (7) Nothing in this section precludes the State from submitting alternative requirements for approval under this paragraph at the same time the State submits its program to the Administrator for up-front approval under paragraph (a) of this section, provided that the Federal rules, emission standards, or requirements for which the State submits alternative requirements are promulgated at the time of the State's submittal. If the Administrator finds that the criteria of § 63.91 and the criteria of paragraphs (b) and (d) of this section are met, the Administrator will approve both the State program and the alternative requirements within 180 days of receiving a complete request for approval. Alternatively, following up-front approval, the State may submit alternative requirements for approval under this paragraph at any time after promulgation of the Federal emission standards or requirements.
              (d) Approval criteria for alternative requirements. Any request for approval under this paragraph shall meet the following criteria. Taken together, the criteria in this paragraph describe the minimum contents of a State's equivalency demonstration for a promulgated Federal section 112 rule, emission standard, or requirement. To be approvable, the State submittal must contain sufficient detail to allow the Administrator to make a determination of equivalency between the State's alternative requirements and the Federal requirements. Each submittal of alternative requirements for a category of sources shall:

              (1) Include copies of all State rules, regulations, permits, or other enforceable mechanisms that contain the alternative requirements for which the State is seeking approval. These documents shall also contain requirements that reflect all of the requirements of the otherwise applicable Federal section 112 rules, emission standards or requirements for which the State is not submitting alternatives. The State shall identify for the Administrator the specific requirements with which sources in a source category are required to comply, including the specific alternative requirements.
              (2) Identify specifically how the alternative requirements are the same as or differ from the requirements in the otherwise applicable Federal rule, emission standards, or requirements (including any applicable requirements in subpart A or other subparts or appendices). The State shall provide this identification in a side-by-side comparison of the State's requirements and the requirements of the Federal rule, emission standards, or requirements.
              (3) The State shall provide the Administrator with detailed documentation that demonstrates the State's belief that the alternative requirements meet the criteria specified in § 63.93(b) of this subpart, i.e., that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements.
              [65 FR 55844, Sept. 14, 2000]

              § 63.98
              [Reserved]

              § 63.99
              Delegated Federal authorities.
              (a) This section lists the specific source categories that have been delegated to the air pollution control agencies in each State under the procedures described in this subpart.
              (1) Alabama. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Alabama Department of Environmental Management for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

                Part 63 Major & Area Source Rule Delegations—Alabama 1

                  Source category
                  Subpart
                  ADEM 2

                  JCDH 3

                  HDNR 4

                  1
                  HON
                  F, G, H, I
                  X
                  X
                  X

                  2
                  Polyvinyl Chloride & Co-polymers, VACATED on 5/11/05
                  J

                  3
                  Coke Ovens
                  L
                  X
                  X
                  X

                  4
                  Dry Cleaners
                  M
                  X
                  X
                  X

                  5
                  Chromium Electroplating
                  N
                  X
                  X
                  X

                  6
                  EtO Commercial Sterilization
                  O
                  X
                  X
                  X

                  7
                  Chromium Cooling Towers
                  Q
                  X
                  X
                  X

                  8
                  Gasoline Distribution (stage 1)
                  R
                  X
                  X
                  X

                  9
                  Pulp & Paper I
                  S
                  X
                  X
                  X

                  10
                  Halogenated Solvent Cleaning
                  T
                  X
                  X
                  X

                  11
                  Polymer & Resins 1
                  U
                  X
                  X
                  X

                  12
                  Polymer & Resins 2
                  W
                  X
                  X
                  X

                  13
                  Secondary Lead Smelters
                  X
                  X
                  X
                  X

                  14
                  Marine Tank Vessel Loading
                  Y
                  X
                  X

                  15
                  Phosphoric Acid Mfg
                  AA
                  X
                  X
                  X

                  16
                  Phosphate Fertilizers Prod
                  BB
                  X
                  X
                  X

                  17
                  Petroleum Refineries
                  CC
                  X
                  X
                  X

                  18
                  Offsite Waste & Recovery
                  DD
                  X
                  X
                  X

                  Tanks; Level 1
                  OO
                  X
                  X
                  X

                  Containers
                  PP
                  X
                  X
                  X

                  Surface Impoundments
                  QQ
                  X
                  X
                  X

                  Drain Systems
                  RR
                  X
                  X
                  X

                  Oil-Water Separators
                  VV
                  X
                  X
                  X

                  19
                  Magnetic Tape
                  EE
                  X
                  X
                  X

                  20
                  Aerospace Industry
                  GG
                  X
                  X
                  X

                  21
                  Oil & Natural Gas Prod
                  HH
                  X
                  X
                  X

                  Area Source Requirements >>.

                  22
                  Shipbuilding and Repair
                  II
                  X
                  X
                  X

                  23
                  Wood Furniture Mfg
                  JJ
                  X
                  X
                  X

                  24
                  Printing & Publishing
                  KK
                  X
                  X
                  X

                  25
                  Primary Aluminum
                  LL

                  26
                  Pulp & Paper II (Combustion sources)
                  MM
                  X
                  X
                  X

                  27
                  Generic MACT:

                  Control Devices
                  SS
                  X
                  X
                  X

                  Eq. Leaks—Level 1
                  TT
                  X
                  X
                  X

                  Eq. Leaks—Level 2
                  UU
                  X
                  X
                  X

                  Tanks—Level 2
                  WW
                  X
                  X
                  X

                  28
                  Generic MACT:

                  Ethylene Mfg
                  XX & YY
                  X
                  X
                  X

                  Carbon Black
                  YY
                  X
                  X
                  X

                  Spandex Prod
                  YY
                  X
                  X
                  X

                  Cyanide Chemical Mfg
                  YY
                  X
                  X
                  X

                  Acetal Resins
                  YY
                  X
                  X
                  X

                  Acrylic/Modacrylic Fibers
                  YY
                  X
                  X
                  X

                  Hydrogen Fluoride Prod
                  YY
                  X
                  X
                  X

                  Polycarbonates Prod
                  YY
                  X
                  X
                  X

                  29
                  Steel Pickeling
                  CCC
                  X
                  X
                  X

                  30
                  Mineral Wool Prod
                  DDD
                  X
                  X
                  X

                  31
                  Hazardous Waste Combustion (Phase I)
                  EEE
                  X
                  X
                  X

                  32
                  Boilers that burn Haz. Waste (Phase II)
                  EEE
                  X
                  X
                  X

                  33
                  HCL Prod. Furnaces burning Haz. Waste (P II)
                  EEE
                  X
                  X
                  X

                  34
                  Pharmaceutical Prod
                  GGG
                  X
                  X
                  X

                  35
                  Nat. Gas Transmission & Storage
                  HHH
                  X
                  X
                  X

                  36
                  Flexible Polyurethane Foam Prod
                  III
                  X
                  X
                  X

                  37
                  Polymer & Resins 4
                  JJJ
                  X
                  X
                  X

                  38
                  Portland Cement
                  LLL
                  X
                  X
                  X

                  39
                  Pesticide Active Ingredients
                  MMM
                  X
                  X
                  X

                  40
                  Wool Fiberglass
                  NNN
                  X
                  X
                  X

                  41
                  Polymer & Resins 3 (Amino & Phenolic)
                  OOO
                  X
                  X
                  X

                  42
                  Polyether Polyols Prod
                  PPP
                  X
                  X
                  X

                  43
                  Primary Copper
                  QQQ
                  X

                  44
                  Secondary Aluminum Prod
                  RRR
                  X
                  X
                  X

                  45
                  Primary Lead Smelting
                  TTT

                  46
                  Petro Refineries (FCC units)
                  UUU
                  X
                  X
                  X

                  47
                  POTW
                  VVV
                  X
                  X
                  X

                  48
                  Ferroalloys
                  XXX
                  X
                  X
                  X

                  49
                  Municipal Landfills
                  AAAA
                  X
                  X
                  X

                  50
                  Nutritional Yeast
                  CCCC
                  X
                  X
                  X

                  51
                  Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)
                  DDDD
                  X
                  X
                  X

                  52
                  Organic Liquids Distribution (non-gas)
                  EEEE
                  X
                  X
                  X

                  53
                  Misc. Organic NESHAP
                  FFFF
                  X
                  X
                  X

                  54
                  Vegetable Oil
                  GGGG
                  X
                  X
                  X

                  55
                  Wet Formed Fiberglass
                  HHHH
                  X
                  X
                  X

                  56
                  Auto & Light Duty Truck (coating)
                  IIII
                  X
                  X
                  X

                  57
                  Paper & Other Webs
                  JJJJ
                  X
                  X
                  X

                  58
                  Metal Can (coating)
                  KKKK
                  X
                  X
                  X

                  59
                  Misc. Metal Parts (coating)
                  MMMM
                  X
                  X
                  X

                  60
                  Large Appliances (coating)
                  NNNN
                  X
                  X
                  X

                  61
                  Printing, Coating, & Dyeing Fabrics
                  OOOO
                  X
                  X
                  X

                  62
                  Plastic Parts & Products (coating)
                  PPPP
                  X
                  X
                  X

                  63
                  Wood Building Products
                  QQQQ
                  X
                  X
                  X

                  64
                  Metal Furniture (coating)
                  RRRR
                  X
                  X
                  X

                  65
                  Metal Coil (coating)
                  SSSS
                  X
                  X
                  X

                  66
                  Leather Tanning & Finishing
                  TTTT
                  X

                  67
                  Cellulose Ethers Prod. Misc. Viscose Processes
                  UUUU
                  X

                  68
                  Boat Manufacturing
                  VVVV
                  X
                  X
                  X

                  69
                  Reinforced Plastic Composites
                  WWWW
                  X
                  X
                  X

                  70
                  Rubber Tire Mfg
                  XXXX
                  X
                  X
                  X

                  71
                  Stationary Combustion Turbines
                  YYYY
                  X
                  X
                  X

                  72
                  Reciprocating Int. Combustion Engines
                  ZZZZ
                  X
                  X
                  X

                  Area Source Requirements >>.

                  73
                  Lime Manufacturing
                  AAAAA
                  X
                  X
                  X

                  74
                  Semiconductor Production
                  BBBBB
                  X
                  X
                  X

                  75
                  Coke Ovens: (Push/Quench/Battery/Stacks)
                  CCCCC
                  X
                  X
                  X

                  76
                  Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07
                  DDDDD

                  77
                  Iron Foundries
                  EEEEE
                  X
                  X
                  X

                  78
                  Integrated Iron & Steel
                  FFFFF
                  X
                  X
                  X

                  79
                  Site Remediation
                  GGGGG
                  X
                  X
                  X

                  80
                  Misc. Coating Manufacturing
                  HHHHH
                  X
                  X
                  X

                  81
                  Mercury Cell Chlor-Alkali
                  IIIII
                  X
                  X
                  X

                  82
                  Brick & Structural Clay Products, VACATED on 6/18/07
                  JJJJJ

                  83
                  Clay Ceramics Manufacturing, VACATED on 6/18/07
                  KKKKK

                  84
                  Asphalt Roofing & Processing
                  LLLLL
                  X
                  X
                  X

                  85
                  Flex. Polyurethane Foam Fabrication
                  MMMMM
                  X

                  86
                  Hydrochloric Acid Prod/Fumed Silica
                  NNNNN
                  X
                  X
                  X

                  87
                  Engine & Rocket Test Facilities
                  PPPPP
                  X
                  X
                  X

                  88
                  Friction Materials Manufacturing
                  QQQQQ
                  X
                  X
                  X

                  89
                  Taconite Iron Ore
                  RRRRR
                  X
                  X
                  X

                  90
                  Refactories
                  SSSSS
                  X

                  91
                  Primary Magnesium
                  TTTTT
                  X
                  X
                  X

                    Area Source Rules

                  92
                  Hospital Sterilizers
                  WWWWW

                  93
                  Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces
                  YYYYY

                  94
                  Iron & Steel foundries
                  ZZZZZ

                  95
                  Gasoline Distribution—Bulk
                  BBBBBB

                  96
                  Gasoline Dispensing Facilities
                  CCCCCC

                  97
                  PVC & Copolymers Prod
                  DDDDDD
                  X
                  X

                  98
                  Primary Copper
                  EEEEEE
                  X
                  X

                  99
                  Secondary Copper Smelting
                  FFFFFF
                  X
                  X

                  100
                  Primary Nonferrous Metals
                  GGGGGG
                  X
                  X

                  101
                  Paint Stripping
                  HHHHHH

                  Auto-Body Refinishing

                  Plastic Parts & Prod. (coating)

                  102
                  Acrylic/Modacrylic Fibers Prod
                  LLLLLL

                  103
                  Carbon Black Prod
                  MMMMMM

                  104
                  Chemical Mfg. Chrom
                  NNNNNN

                  105
                  Flex. Polyurethane Foam Fab
                  OOOOOO

                  Flex. Polyurethane Foam Prod

                  106
                  Lead Acid Battery Mfg
                  PPPPPP

                  107
                  Wood Preserving
                  QQQQQQ

                  108
                  Clay Ceramics Mfg
                  RRRRRR

                  109
                  Glass Mfg
                  SSSSSS

                  110
                  Secondary Nonferrous Metals
                  TTTTTT

                  110
                  Plating and Polishing
                  WWWWWW

                  112
                  Industrial Mach. & Eq. Finishing
                  XXXXXX

                  Elect. & Electronics Eq. Finishing

                  Fabricated Metal Prod

                  Fabricated Plate Work (Boiler Shop)

                  Fabricated Structural Metal Mfg

                  Heating Eq. Mfg

                  Iron and Steel Forging

                  Primary Metals Prod. Mfg

                  Valves and Pipe Fittings Mfg

                  113
                  Ferroalloys Production
                  YYYYYY

                  Ferro/Silico Manganese

                  1 State program approved on October 29, 2001. Table last updated on October 5, 2008.

                  2 Alabama Department of Environmental Management.

                  3 Jefferson County Department of Health.

                  4 Huntsville Department of Natural Resources.

              (ii) Alabama Department of Environmental Management (ADEM) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Prattville Mill, Prattville, Alabama, for subpart MM of this part—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. This action is contingent upon ADEM including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.
              (2) Alaska. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Alaska Department of Environmental Conservation. The (X) symbol is used to indicate each subpart that has been delegated.

                Delegation Status for Part 63 Standards—Alaska

                  Subpart

                  Alaska Department of Environmental Conservation (1/18/97)

                  A
                  General Provisions 1

                  X

                  D
                  Early Reductions
                  X

                  F
                  HON-SOCMI

                  G
                  HON-Process Vents

                  H
                  HON-Equipment Leaks

                  I
                  HON-Negotiated Leaks

                  L
                  Coke Oven Batteries

                  M
                  Perc Dry Cleaning
                  X

                  N
                  Chromium Electroplating
                  X 2

                  O
                  Ethylene Oxide Sterilizers

                  Q
                  Industrial Process Cooling Towers
                  X

                  R
                  Gasoline Distribution
                  X

                  S
                  Pulp and Paper

                  T
                  Halogenated Solvent Cleaning
                  X

                  U
                  Polymers and Resins I

                  W
                  Polymers and Resins II-Epoxy

                  X
                  Secondary Lead Smelting

                  Y
                  Marine Tank Vessel Loading
                  X

                  CC
                  Petroleum Refineries
                  X

                  DD
                  Off-Site Waste and Recovery
                  X

                  EE
                  Magnetic Tape Manufacturing

                  GG
                  Aerospace Manufacturing & Rework

                  II
                  Shipbuilding and Ship Repair
                  X

                  JJ
                  Wood Furniture Manufacturing Operations
                  X

                  KK
                  Printing and Publishing Industry
                  X

                  LL
                  Primary Aluminum

                  OO
                  Tanks—Level 1

                  PP
                  Containers

                  QQ
                  Surface Impoundments

                  RR
                  Individual Drain Systems

                  VV
                  Oil-Water Separators and Organic-Water Separators

                  EEE
                  Hazardous Waste Combustors

                  JJJ
                  Polymers and Resins IV

                  1 Authorities which are not delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods; 63.8(f) for approval of major alternatives to monitoring; 63.10(f); and all authorities identified in the subparts (i.e., under “Delegation of Authority”) that cannot be delegated. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, “Delegation of 40 CFR Part 63 General Provisions Authorities to State and Local Air Pollution Control Agencies.”

                  2 Alaska received delegation for Subpart N (Chromium Electroplating) as it applies to sources required to obtain an operating permit under Alaska's regulations. EPA retains the authority for implementing and enforcing Subpart N for area source chromium electroplating and anodizing operations which have been exempted from Part 70 permitting in 40 CFR 63.340(e)(1).

              (ii) [Reserved]

                Note to paragraph (a)(2):
                The date in parenthesis indicates the effective date of the federal rules that have been adopted by and delegated to the Alaska Department of Environmental Conservation. Therefore, any amendments made to these delegated rules after this effective date are not delegated to the agency.

              (3) Arizona. (i) The following table lists the specific Part 63 standards that have been delegated unchanged to the air pollution control agencies in the State of Arizona. The (X) symbol is used to indicate each category that has been delegated.

                Table 3 to Paragraph (a)(3)(i)—Delegation Status for Part 63 Standards—Arizona

                  Subpart
                  Description
                  ADEQ 1

                  MCAQD 2

                  PDEQ 3

                  PCAQCD 4

                  GRIC 5

                  A
                  General Provisions
                  X
                  X
                  X
                  X
                  X

                  F
                  Synthetic Organic Chemical Manufacturing Industry
                  X
                  X
                  X
                  X
                  X

                  G
                  Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater
                  X
                  X
                  X
                  X
                  X

                  H
                  Organic Hazardous Air Pollutants: Equipment Leaks
                  X
                  X
                  X
                  X
                  X

                  I
                  Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks
                  X
                  X
                  X
                  X
                  X

                  J
                  Polyvinyl Chloride and Copolymers Production
                  X
                  X
                  X

                  X

                  L
                  Coke Oven Batteries
                  X
                  X
                  X
                  X
                  X

                  M
                  Perchloroethylene Dry Cleaning
                  X
                  X
                  X
                  X
                  X

                  N
                  Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
                  X
                  X
                  X
                  X
                  X

                  O
                  Ethylene Oxide Sterilization Facilities
                  X
                  X
                  X
                  X
                  X

                  Q
                  Industrial Process Cooling Towers
                  X
                  X
                  X
                  X
                  X

                  R
                  Gasoline Distribution Facilities
                  X
                  X
                  X
                  X
                  X

                  S
                  Pulp and Paper
                  X
                  X
                  X

                  X

                  T
                  Halogenated Solvent Cleaning
                  X
                  X
                  X
                  X
                  X

                  U
                  Group I Polymers and Resins
                  X
                  X
                  X
                  X
                  X

                  W
                  Epoxy Resins Production and Non-Nylon Polyamides Production
                  X
                  X
                  X
                  X
                  X

                  X
                  Secondary Lead Smelting
                  X

                  X
                  X
                  X

                  Y
                  Marine Tank Vessel Loading Operations

                  X

                  X

                  AA
                  Phosphoric Acid Manufacturing Plants
                  X
                  X
                  X

                  X

                  BB
                  Phosphate Fertilizers Production Plants
                  X
                  X
                  X

                  X

                  CC
                  Petroleum Refineries
                  X

                  X
                  X
                  X

                  DD
                  Off-Site Waste and Recovery Operations
                  X
                  X
                  X
                  X
                  X

                  EE
                  Magnetic Tape Manufacturing Operations
                  X
                  X
                  X
                  X
                  X

                  GG
                  Aerospace Manufacturing and Rework Facilities
                  X
                  X
                  X
                  X
                  X

                  HH
                  Oil and Natural Gas Production Facilities
                  X
                  X
                  X

                  X

                  II
                  Shipbuilding and Ship Repair (Surface Coating)

                  X

                  JJ
                  Wood Furniture Manufacturing Operations
                  X
                  X
                  X
                  X
                  X

                  KK
                  Printing and Publishing Industry
                  X
                  X
                  X
                  X
                  X

                  LL
                  Primary Aluminum Reduction Plants
                  X
                  X
                  X

                  X

                  MM
                  Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills
                  X
                  X
                  X

                  X

                  NN
                  Wool Fiberglass Manufacturing at Area Sources

                  X

                  OO
                  Tanks—Level 1
                  X
                  X
                  X
                  X
                  X

                  PP
                  Containers
                  X
                  X
                  X
                  X
                  X

                  QQ
                  Surface Impoundments
                  X
                  X
                  X
                  X
                  X

                  RR
                  Individual Drain Systems
                  X
                  X
                  X
                  X
                  X

                  SS
                  Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
                  X
                  X
                  X

                  X

                  TT
                  Equipment Leaks—Control Level 1
                  X
                  X
                  X

                  X

                  UU
                  Equipment Leaks—Control Level 2
                  X
                  X
                  X

                  X

                  VV
                  Oil-Water Separators and Organic-Water Separators
                  X
                  X
                  X
                  X
                  X

                  WW
                  Storage Vessels (Tanks)—Control Level 2
                  X
                  X
                  X

                  X

                  XX
                  Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations
                  X
                  X
                  X

                  X

                  YY
                  Generic MACT Standards
                  X
                  X
                  X

                  X

                  CCC
                  Steel Pickling
                  X
                  X
                  X

                  X

                  DDD
                  Mineral Wool Production
                  X
                  X
                  X

                  X

                  EEE
                  Hazardous Waste Combustors
                  X
                  X
                  X

                  X

                  GGG
                  Pharmaceuticals Production
                  X
                  X
                  X

                  X

                  HHH
                  Natural Gas Transmission and Storage Facilities
                  X
                  X
                  X

                  X

                  III
                  Flexible Polyurethane Foam Production
                  X
                  X
                  X

                  X

                  JJJ
                  Group IV Polymers and Resins
                  X
                  X
                  X
                  X
                  X

                  LLL
                  Portland Cement Manufacturing Industry
                  X

                  X

                  X

                  MMM
                  Pesticide Active Ingredient Production
                  X
                  X
                  X

                  X

                  NNN
                  Wool Fiberglass Manufacturing
                  X
                  X
                  X

                  X

                  OOO
                  Manufacture of Amino/Phenolic Resins
                  X
                  X
                  X

                  X

                  PPP
                  Polyether Polyols Production
                  X
                  X
                  X

                  X

                  QQQ
                  Primary Copper Smelting
                  X

                  X

                  X

                  RRR
                  Secondary Aluminum Production
                  X
                  X
                  X

                  X

                  TTT
                  Primary Lead Smelting
                  X

                  X

                  X

                  UUU
                  Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units
                  X

                  X

                  X

                  VVV
                  Publicly Owned Treatment Works
                  X
                  X
                  X

                  X

                  XXX
                  Ferroalloys Production
                  X
                  X
                  X

                  X

                  AAAA
                  Municipal Solid Waste Landfills
                  X
                  X
                  X

                  X

                  CCCC
                  Manufacturing of Nutritional Yeast
                  X
                  X
                  X

                  X

                  DDDD
                  Plywood and Composite Wood Products
                  X
                  X
                  X

                  X

                  EEEE
                  Organic Liquids Distribution (non-gasoline)
                  X
                  X
                  X

                  X

                  FFFF
                  Miscellaneous Organic Chemical Manufacturing
                  X
                  X
                  X

                  X

                  GGGG
                  Solvent Extraction for Vegetable Oil Production
                  X
                  X
                  X

                  X

                  HHHH
                  Wet-Formed Fiberglass Mat Production
                  X
                  X
                  X

                  X

                  IIII
                  Surface Coating of Automobiles and Light-Duty Trucks
                  X
                  X

                  X

                  JJJJ
                  Paper and Other Web Coating
                  X
                  X
                  X

                  X

                  KKKK
                  Surface Coating of Metal Cans
                  X
                  X
                  X

                  X

                  MMMM
                  Miscellaneous Metal Parts and Products
                  X
                  X
                  X

                  X

                  NNNN
                  Large Appliances
                  X
                  X
                  X

                  X

                  OOOO
                  Printing, Coating, and Dyeing of Fabrics and Other Textiles
                  X
                  X
                  X

                  X

                  PPPP
                  Surface Coating of Plastic Parts and Products
                  X
                  X

                  X

                  QQQQ
                  Wood Building Products
                  X
                  X
                  X

                  X

                  RRRR
                  Surface Coating of Metal Furniture
                  X
                  X
                  X

                  X

                  SSSS
                  Surface Coating of Metal Coil
                  X
                  X
                  X

                  X

                  TTTT
                  Leather Finishing Operations
                  X
                  X
                  X

                  X

                  UUUU
                  Cellulose Products Manufacturing
                  X
                  X
                  X

                  X

                  VVVV
                  Boat Manufacturing
                  X
                  X
                  X

                  X

                  WWWW
                  Reinforced Plastics Composites Production
                  X
                  X
                  X

                  X

                  XXXX
                  Tire Manufacturing
                  X
                  X
                  X

                  X

                  YYYY
                  Stationary Combustion Turbines
                  X
                  X
                  X

                  X

                  ZZZZ
                  Stationary Reciprocating Internal Combustion Engines
                  X
                  X

                  X

                  AAAAA
                  Lime Manufacturing Plants
                  X
                  X
                  X

                  X

                  BBBBB
                  Semiconductor Manufacturing
                  X
                  X
                  X

                  X

                  CCCCC
                  Coke Oven: Pushing, Quenching and Battery Stacks
                  X
                  X
                  X

                  X

                  DDDDD
                  Industrial, Commercial, and Institutional Boiler and Process Heaters
                  X
                  X

                  X

                  EEEEE
                  Iron and Steel Foundries
                  X
                  X
                  X

                  X

                  FFFFF
                  Integrated Iron and Steel
                  X
                  X
                  X

                  X

                  GGGGG
                  Site Remediation
                  X
                  X
                  X

                  X

                  HHHHH
                  Miscellaneous Coating Manufacturing
                  X
                  X
                  X

                  X

                  IIIII
                  Mercury Emissions from Mercury Cell Chlor-Alkali Plants
                  X
                  X
                  X

                  X

                  JJJJJ
                  Brick and Structural Clay Products Manufacturing
                  X
                  X
                  X

                  X

                  KKKKK
                  Clay Ceramics Manufacturing
                  X
                  X
                  X

                  X

                  LLLLL
                  Asphalt Roofing and Processing
                  X
                  X
                  X

                  X

                  MMMMM
                  Flexible Polyurethane Foam Fabrication Operation
                  X
                  X
                  X

                  X

                  NNNNN
                  Hydrochloric Acid Production
                  X
                  X
                  X

                  X

                  PPPPP
                  Engine Test Cells/Stands
                  X
                  X
                  X

                  X

                  QQQQQ
                  Friction Products Manufacturing
                  X
                  X
                  X

                  X

                  RRRRR
                  Taconite Iron Ore Processing
                  X
                  X
                  X

                  X

                  SSSSS
                  Refractory Products Manufacturing
                  X
                  X
                  X

                  X

                  TTTTT
                  Primary Magnesium Refining
                  X
                  X
                  X

                  X

                  UUUUU
                  Coal and Oil-Fired Electric Utility Steam Generating Units

                  X

                  WWWWW
                  Hospital Ethylene Oxide Sterilizers

                  X
                  X

                  YYYYY
                  Area Sources: Electric Arc Furnace Steelmaking Facilities

                  X
                  X

                  ZZZZZ
                  Iron and Steel Foundries Area Sources

                  X
                  X

                  BBBBBB
                  Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities

                  X
                  X

                  CCCCCC
                  Gasoline Dispensing Facilities

                  X
                  X

                  DDDDDD
                  Polyvinyl Chloride and Copolymers Production Area Sources

                  X
                  X

                  EEEEEE
                  Primary Copper Smelting Area Sources

                  X

                  FFFFFF
                  Secondary Copper Smelting Area Sources

                  X

                  GGGGGG
                  Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium

                  X
                  X

                  HHHHHH
                  Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources

                  X
                  X

                  JJJJJJ
                  Industrial, Commercial, and Institutional Boilers and Process Heaters—Area Sources

                  X
                  X

                  LLLLLL
                  Acrylic and Modacrylic Fibers Production Area Sources

                  X
                  X

                  MMMMMM
                  Carbon Black Production Area Sources

                  X
                  X

                  NNNNNN
                  Chemical Manufacturing Area Sources: Chromium Compounds

                  X
                  X

                  OOOOOO
                  Flexible Polyurethane Foam Production and Fabrication Area Sources

                  X
                  X

                  PPPPPP
                  Lead Acid Battery Manufacturing Area Sources

                  X
                  X

                  QQQQQQ
                  Wood Preserving Area Sources

                  X
                  X

                  RRRRRR
                  Clay Ceramics Manufacturing Area Sources

                  X
                  X

                  SSSSSS
                  Glass Manufacturing Area Sources

                  X
                  X

                  TTTTTT
                  Secondary Nonferrous Metals Processing Area Sources

                  X
                  X

                  VVVVVV
                  Chemical Manufacturing Industry—Area Sources

                  X
                  X

                  WWWWWW
                  Area Source Standards for Plating and Polishing Operations

                  X
                  X

                  XXXXXX
                  Area Source Standards for Nine Metal Fabrication and Finishing Source Categories

                  X
                  X

                  YYYYYY
                  Area Sources: Ferroalloys Production Facilities

                  X
                  X

                  ZZZZZZ
                  Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries

                  X
                  X

                  AAAAAAA
                  Asphalt Processing and Asphalt Roofing Manufacturing—Area Sources

                  X
                  X

                  BBBBBBB
                  Chemical Preparations Industry—Area Sources

                  X
                  X

                  CCCCCCC
                  Paint and Allied Products Manufacturing—Area Sources

                  X
                  X

                  DDDDDDD
                  Prepared Feeds Manufacturing—Area Sources

                  X
                  X

                  EEEEEEE
                  Gold Mine Ore Processing and Production—Area Sources

                  X
                  X

                  HHHHHHH
                  Polyvinyl Chloride and Copolymers Production

                  X
                  X

                  1 Arizona Department of Environmental Quality.

                  2 Maricopa County Air Quality Department.

                  3 Pima County Department of Environmental Quality.

                  4 Pinal County Air Quality Control District.

                  5 Gila River Indian Community Department of Environmental Quality. This table includes the GRIC DEQ only for purposes of identifying all state, local, and tribal agencies responsible for implementing part 63 standards within the geographical boundaries of the State of Arizona and does not establish any state regulatory authority in Indian country.

              (ii) [Reserved]
              (4) Arkansas. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Arkansas Department of Environmental Quality (hereinafter “ADEQ”) for all sources subject to the part 70 program. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, determinations, and the Memorandum of Agreement, dated September 17, 2014, entered into between the ADEQ and the U.S. Environmental Protection Agency, Region 6 (hereinafter “EPA”) regarding section 112, Clean Air Act Implementation. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. ADEQ's authority to implement and enforce a delegated Part 63 standard is effective when the standard is incorporated into the source's Title V (Part 70) Operating Permit.

                Delegation Status for Part 63 Standards—State of Arkansas 1

                  Subpart
                  Source category
                  ADEQ 2

                  A
                  General Provisions
                  X

                  F
                  Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)
                  X

                  G
                  HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater
                  X

                  H
                  HON—Equipment Leaks
                  X

                  I
                  HON—Certain Processes Negotiated Equipment Leak Regulation
                  X

                  J
                  Polyvinyl Chloride and Copolymers Production
                  (3)

                  K
                  (Reserved)

                  L
                  Coke Oven Batteries
                  X

                  M
                  Perchloroethylene Dry Cleaning
                  X

                  N
                  Chromium Electroplating and Chromium Anodizing Tanks
                  X

                  O
                  Ethylene Oxide Sterilizers
                  X

                  P
                  (Reserved)

                  Q
                  Industrial Process Cooling Towers
                  X

                  R
                  Gasoline Distribution
                  X

                  S
                  Pulp and Paper Industry
                  X

                  T
                  Halogenated Solvent Cleaning
                  X

                  U
                  Group I Polymers and Resins
                  X

                  V
                  (Reserved)

                  W
                  Epoxy Resins Production and Non-Nylon Polyamides Production
                  X

                  X
                  Secondary Lead Smelting
                  X

                  Y
                  Marine Tank Vessel Loading
                  X

                  Z
                  (Reserved)

                  AA
                  Phosphoric Acid Manufacturing Plants
                  X

                  BB
                  Phosphate Fertilizers Production Plants
                  X

                  CC
                  Petroleum Refineries
                  X

                  DD
                  Off-Site Waste and Recovery Operations
                  X

                  EE
                  Magnetic Tape Manufacturing
                  X

                  FF
                  (Reserved)

                  GG
                  Aerospace Manufacturing and Rework Facilities
                  X

                  HH
                  Oil and Natural Gas Production Facilities
                  X

                  II
                  Shipbuilding and Ship Repair Facilities
                  X

                  JJ
                  Wood Furniture Manufacturing Operations
                  X

                  KK
                  Printing and Publishing Industry
                  X

                  LL
                  Primary Aluminum Reduction Plants
                  X

                  MM
                  Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills
                  X

                  NN
                  (Reserved)

                  OO
                  Tanks-Level 1
                  X

                  PP
                  Containers
                  X

                  QQ
                  Surface Impoundments
                  X

                  RR
                  Individual Drain Systems
                  X

                  SS
                  Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
                  X

                  TT
                  Equipment Leaks—Control Level 1
                  X

                  UU
                  Equipment Leaks—Control Level 2 Standards
                  X

                  VV
                  Oil—Water Separators and Organic—Water Separators
                  X

                  WW
                  Storage Vessels (Tanks)—Control Level 2
                  X

                  XX
                  Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations
                  X

                  YY
                  Generic Maximum Achievable Control Technology Standards
                  X

                  ZZ-BBB
                  (Reserved)

                  CCC
                  Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration
                  X

                  DDD
                  Mineral Wool Production
                  X

                  EEE
                  Hazardous Waste Combustors
                  X

                  FFF
                  (Reserved)

                  GGG
                  Pharmaceuticals Production
                  X

                  HHH
                  Natural Gas Transmission and Storage Facilities
                  X

                  III
                  Flexible Polyurethane Foam Production
                  X

                  JJJ
                  Group IV Polymers and Resins
                  X

                  KKK
                  (Reserved)

                  LLL
                  Portland Cement Manufacturing
                  X

                  MMM
                  Pesticide Active Ingredient Production
                  X

                  NNN
                  Wool Fiberglass Manufacturing
                  X

                  OOO
                  Amino/Phenolic Resins
                  X

                  PPP
                  Polyether Polyols Production
                  X

                  QQQ
                  Primary Copper Smelting
                  X

                  RRR
                  Secondary Aluminum Production
                  X

                  SSS
                  (Reserved)

                  TTT
                  Primary Lead Smelting
                  X

                  UUU
                  Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants
                  X

                  VVV
                  Publicly Owned Treatment Works (POTW)
                  X

                  WWW
                  (Reserved)

                  XXX
                  Ferroalloys Production: Ferromanganese and Silicomanganese
                  X

                  AAAA
                  Municipal Solid Waste Landfills
                  X

                  CCCC
                  Nutritional Yeast Manufacturing
                  X

                  DDDD
                  Plywood and Composite Wood Products

                    4 X

                  EEEE
                  Organic Liquids Distribution
                  X

                  FFFF
                  Misc. Organic Chemical Production and Processes (MON)
                  X

                  GGGG
                  Solvent Extraction for Vegetable Oil Production
                  X

                  HHHH
                  Wet Formed Fiberglass Mat Production
                  X

                  IIII
                  Auto & Light Duty Truck (Surface Coating)
                  X

                  JJJJ
                  Paper and other Web (Surface Coating)
                  X

                  KKKK
                  Metal Can (Surface Coating)
                  X

                  MMMM
                  Misc. Metal Parts and Products (Surface Coating)
                  X

                  NNNN
                  Surface Coating of Large Appliances
                  X

                  OOOO
                  Fabric Printing Coating and Dyeing
                  X

                  PPPP
                  Surface Coating of Plastic Parts and Products
                  X

                  QQQQ
                  Surface Coating of Wood Building Products
                  X

                  RRRR
                  Surface Coating of Metal Furniture
                  X

                  SSSS
                  Surface Coating of Metal Coil
                  X

                  TTTT
                  Leather Finishing Operations
                  X

                  UUUU
                  Cellulose Products Manufacturing
                  X

                  VVVV
                  Boat Manufacturing
                  X

                  WWWW
                  Reinforced Plastic Composites Production
                  X

                  XXXX
                  Rubber Tire Manufacturing
                  X

                  YYYY
                  Stationary Combustion Turbines
                  X

                  ZZZZ
                  Reciprocating Internal Combustion Engines (RICE)
                  X

                  AAAAA
                  Lime Manufacturing Plants
                  X

                  BBBBB
                  Semiconductor Manufacturing
                  X

                  CCCCC
                  Coke Ovens: Pushing, Quenching and Battery Stacks
                  X

                  DDDDD
                  Industrial/Commercial/Institutional Boilers and Process Heaters

                    5 X

                  EEEEE
                  Iron and Steel Foundries
                  X

                  FFFFF
                  Integrated Iron and Steel
                  X

                  GGGGG
                  Site Remediation
                  X

                  HHHHH
                  Miscellaneous Coating Manufacturing
                  X

                  IIIII
                  Mercury Cell Chlor-Alkali Plants
                  X

                  JJJJJ
                  Brick and Structural Clay Products Manufacturing
                  (6)

                  KKKKK
                  Clay Ceramics Manufacturing
                  (6)

                  LLLLL
                  Asphalt Roofing and Processing
                  X

                  MMMMM
                  Flexible Polyurethane Foam Fabrication Operation
                  X

                  NNNNN
                  Hydrochloric Acid Production, Fumed Silica Production
                  X

                  OOOOO
                  (Reserved)

                  PPPPP
                  Engine Test Facilities
                  X

                  QQQQQ
                  Friction Products Manufacturing
                  X

                  RRRRR
                  Taconite Iron Ore Processing
                  X

                  SSSSS
                  Refractory Products Manufacture
                  X

                  TTTTT
                  Primary Magnesium Refining
                  X

                  UUUUU
                  Coal and Oil-Fired Electric Utility Steam Generating Units

                    7 X

                  VVVVV
                  (Reserved)

                  WWWWW
                  Hospital Ethylene Oxide Sterilizers

                  XXXXX
                  (Reserved)

                  YYYYY
                  Electric Arc Furnace Steelmaking Area Sources
                  X

                  ZZZZZ
                  Iron and Steel Foundries Area Sources

                  AAAAAA
                  (Reserved)

                  BBBBBB
                  Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities

                  CCCCCC
                  Gasoline Dispensing Facilities

                  DDDDDD
                  Polyvinyl Chloride and Copolymers Production Area Sources

                  EEEEEE
                  Primary Copper Smelting Area Sources
                  X

                  FFFFFF
                  Secondary Copper Smelting Area Sources
                  X

                  GGGGGG
                  Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium
                  X

                  HHHHHH
                  Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources

                  IIIIII
                  (Reserved)

                  JJJJJJ
                  Industrial, Commercial, and Institutional Boilers: Area Sources

                  KKKKKK
                  (Reserved)

                  LLLLLL
                  Acrylic and Modacrylic Fibers Production Area Sources

                  MMMMMM
                  Carbon Black Production Area Sources
                  X

                  NNNNNN
                  Chemical Manufacturing Area Sources: Chromium Compounds
                  X

                  OOOOOO
                  Flexible Polyurethane Foam Production and Fabrication Area Sources

                  PPPPPP
                  Lead Acid Battery Manufacturing Area Sources

                  QQQQQQ
                  Wood Preserving Area Sources

                  RRRRRR
                  Clay Ceramics Manufacturing Area Sources

                  SSSSSS
                  Glass Manufacturing Area Sources
                  X

                  TTTTTT
                  Secondary Nonferrous Metals Processing Area Sources

                  UUUUUU
                  (Reserved)

                  VVVVVV
                  Chemical Manufacturing Area Sources
                  X

                  WWWWWW
                  Plating and Polishing Operations Area Sources

                  XXXXXX
                  Nine Metal Fabrication and Finishing Categories Area Sources

                  YYYYYY
                  Ferroalloys Production Facilities Area Sources

                  ZZZZZZ
                  Aluminum, Copper, and Other Nonferrous Foundries Area Sources

                  AAAAAAA
                  Asphalt Processing and Asphalt Roofing Manufacturing Area Sources

                  BBBBBBB
                  Chemical Preparations Industry Area Sources

                  CCCCCCC
                  Paints and Allied Products Manufacturing Area Sources

                  DDDDDDD
                  Prepared Feeds Manufacturing Area Sources

                  EEEEEEE
                  Gold Mine Ore Processing and Production Area Sources

                  FFFFFFF
                  Reserved

                  GGGGGGG
                  Reserved

                  HHHHHHH
                  Polyvinyl Chloride and Copolymers Production
                  X

                  1 Program delegated to Arkansas Department of Environmental Quality (ADEQ).

                  2 Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under “Delegation of Authority”) that cannot be delegated.

                  3 This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the DC Court's holding, this subpart is not delegated to ADEQ at this time

                  4 This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of Appeals for the District of Columbia Circuit.

                  5 Final rule. See 78 FR 7138 (January 31, 2013).

                  6 This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the DC Court's holding, this subpart is not delegated to ADEQ at this time.

                  7 Initial Final Rule. See 77 FR 9304 (February 16, 2012). Final on reconsideration of certain new source issues. See 78 FR 24073 (April 24, 2013). Portions of this subpart are in proposed reconsideration pending final action. See 78 FR 38001 (June 25, 2013).

              (ii) [Reserved]
              (5) California—(i)(A) California major sources. Except as described in paragraph (ii) below, each local air pollution control agency in California has delegation for national emission standards promulgated in this part as they apply to major sources.

              (B) California area sources. Except as described in paragraph (a)(5)(ii) of this section, the local agencies listed below also have delegation for national emission standards promulgated in this part as they apply to area sources:
              (1) Amador County Air Pollution Control District.
              (2) Antelope Valley Air Quality Management District.
              (3) Butte County Air Quality Management District.
              (4) Kern County Air Pollution Control District.
              (5) Mendocino County Air Quality Management District.
              (6) Mojave Desert Air Quality Management District.
              (7) Monterey Bay Unified Air Pollution Control District.
              (8) San Diego County Air Pollution Control District.
              (9) San Joaquin Valley Unified Air Pollution Control District, only for standards promulgated in this part and incorporated by reference in district Rule 4002, amended on May 20, 2004.
              (10) San Luis Obispo County Air Pollution Control District.
              (11) Santa Barbara County Air Pollution Control District.
              (12) Ventura County Air Pollution Control District.
              (13) Yolo-Solano Air Quality Management District.
              (ii) California approvals other than straight delegation. Affected sources must comply with the California Regulatory Requirements Applicable to the Air Toxics Program, November 16, 2010, (incorporated by reference as specified in § 63.14) as described as follows:
              (A) The material incorporated in Chapter 1 of the California Regulatory Requirements Applicable to the Air Toxics Program (California Code of Regulations Title 17, sections 93109, 93109.1, and 93109.2) pertains to the perchloroethylene dry cleaning source category in the State of California, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, as it applies to area sources only, as defined in § 63.320(h).
              (1) Authorities not delegated.
              (i) California is not delegated the Administrator's authority to implement and enforce California Code of Regulations Title 17, section 93109, in lieu of those provisions of subpart M which apply to major sources, as defined in § 63.320(g). Dry cleaning facilities which are major sources remain subject to subpart M.
              (ii) California is not delegated the Administrator's authority of § 63.325 to determine equivalency of emissions control technologies. Any source seeking permission to use an alternative means of emission limitation, under sections 93109(d)(27) or (38), or (i)(3)(A)(2), Title 17 of the California Code of Regulations, must also receive approval from the Administrator before using such alternative means of emission limitation for the purpose of complying with section 112 of the Clean Air Act.
              (iii) This delegation does not extend to the provisions regarding California's enforcement authorities or its collection of fees as described in Sections 93109.1(c) or 93109.2(c) and (d), Title 17 of the California Code of Regulations. Approval of the California Code of Regulations, Title 17, sections 93109, 93109.1, and 93109.2 does not in any way limit the enforcement authorities, including the penalty authorities, of the Clean Air Act.
              (B) [Reserved]
              (C) The material incorporated in Chapter 3 of the California Regulatory Requirements Applicable to the Air Toxics Program (South Coast Air Quality Management District Rule 1421) pertains to the perchloroethylene dry cleaning source category in the South Coast Air Quality Management District, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, as it applies to area sources only, as defined in § 63.320(h).
              (1) Authorities not delegated.

              (i) South Coast Air Quality Management District is not delegated the Administrator's authority to implement and enforce Rule 1421 in lieu of those provisions of Subpart M which apply to major sources, as defined in § 63.320(g). Dry cleaning facilities which are major sources remain subject to Subpart M.
              (ii) South Coast Air Quality Management District is not delegated the Administrator's authority of § 63.325 to determine equivalency of emissions control technologies. Any source seeking permission to use an alternative means of emission limitation, under sections (c)(17), (d)(3)(A)(v), (d)(4)(B)(ii)(III), and (j) of Rule 1421, must also receive approval from the Administrator before using such alternative means of emission limitation for the purpose of complying with section 112.
              (D) [Reserved]
              (E) The material incorporated in Chapter 5 of the California Regulatory Requirements Applicable to the Air Toxics Program (California Code of Regulations, Title 17, section 93102) pertains to the chromium electroplating and anodizing source category in the State of California, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of subpart N—National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.
              (1) Title V requirements. Subpart N affected sources remain subject to both the Title V permitting requirements of § 63.340(e)(2) and, for major sources, the semi-annual submission of the ongoing compliance status reports as required by § 63.347(g).
              (2) Limits on maximum cumulative potential rectifier usage. Section 93102(h)(7)(B) of the California Airborne Toxic Control Measure allows facilities with a maximum cumulative potential rectifier capacity of greater than 60 million ampere-hours per year to be considered small or medium by accepting a limit on the maximum cumulative potential rectifier usage. All such usage limits in non-Title V operating permits are federally-enforceable for the purpose of this rule substitution.
              (3) Permitting Agencies' breakdown/malfunction rules. Section 93102(i)(4) of the California Airborne Toxic Control Measure provides that the owner or operator shall report breakdowns as required by the permitting agency's breakdown rule. Under this rule substitution, the permitting agencies' breakdown rules do not override or supplant the requirements of section 93102(g)(4), (h)(5), (h)(6), (i)(3)(B), or Appendix 3; neither expand the scope nor extend the time-frame of a breakdown beyond the definition of section 93102(b)(7); and do not grant the permitting agencies the authority to determine whether a breakdown has occurred, to grant emergency variances, or to decide to take no enforcement action. Owners or operators must submit written breakdown reports even if the permitting agency has not formally requested such reports.
              (4) Performance test requirements. Section 93102(d)(3)(A) of the California Airborne Toxic Control Measure allows the use of California Air Resources Board Method 425, dated July 28, 1997, and South Coast Air Quality Management District Method 205.1, dated August 1991, for determining chromium emissions. Any alternatives, modifications, or variations to these test methods must be approved under the procedures in section 93102(k) of the California Airborne Toxic Control Measure.
              (6)-(7) [Reserved]
              (8) Delaware. (i) Affected sources must comply with the Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, sections 1-5 and sections 7-14, January 11, 1999 (incorporated by reference as specified in § 63.14). The material incorporated in the Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, sections 1-5 and sections 7-14 pertains to owners and operators of stationary sources in the State of Delaware that have more than a threshold quantity of a regulated substance in a process, as described in section 5.10 of Delaware's regulation, and has been approved under the procedures in §§ 63.93 and 63.95 to be implemented and enforced in place of 40 CFR part 68-Chemical Accident Prevention Provisions.

              (ii) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart A, effective September 11, 1999 (incorporated by reference as specified in § 63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart A pertains to owners and operators of stationary sources in the State of Delaware that are subject to emission standard requirements of the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subparts M, N and Q and 40 CFR part 63 and has been approved under the procedures in §§ 63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart A. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart A, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

              (iii) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart M, effective October 11, 2000 (incorporated by reference as specified in § 63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart M pertains to owners and operators of perchloroethylene drycleaning facilities and has been approved under the procedures in § 63.91 and § 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart M. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart M, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

              (iv) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart N, effective October 11, 2000 (incorporated by reference as specified in § 63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart N pertains to owners and operators of hard and decorative chromium electroplating and chromium anodizing tanks and has been approved under the procedures in §§ 63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart N. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart N, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

              (v) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart Q, effective May 11, 1998 (incorporated by reference as specified in § 63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart Q pertains to owners and operators of industrial process cooling towers and has been approved under the procedures in §§ 63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart Q. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart Q, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.
              (9) District of Columbia. (i) The District of Columbia is delegated the authority to implement and enforce the regulations in 40 CFR part 63, subparts A, M, N, T, VVV and Appendix A and all future unchanged 40 CFR part 63 standards and amendments, if delegation of future standards and amendments is sought by the District of Columbia Department of Health and approved by EPA Region III, at affected sources, as defined by 40 CFR part 63, in accordance with the final rule, dated December 26, 2001, effective February 25, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.
              (10) Florida. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Florida Department of Environmental Protection (FDEP) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

                Part 63 Major & Area Source Rule Delegations—Florida 1

                  Source category
                  Subpart
                  FDEP

                  1
                  HON
                  F, G, H, I
                  X

                  2
                  Polyvinyl Chloride & Co-polymers VACATED on 5/11/05
                  J
                  X

                  3
                  Coke Ovens
                  L
                  X

                  4
                  Dry Cleaners
                  M
                  X

                  5
                  Chromium Electroplating
                  N
                  X

                  6
                  EtO Commercial Sterilization
                  O
                  X

                  7
                  Chromium Cooling Towers
                  Q
                  X

                  8
                  Gasoline Distribution (stage 1)
                  R
                  X

                  9
                  Pulp & Paper I
                  S
                  X

                  10
                  Halogenated Solvent Cleaning
                  T
                  X

                  11
                  Polymer & Resins 1
                  U
                  X

                  12
                  Polymer & Resins 2
                  W
                  X

                  13
                  Secondary Lead Smelters
                  X
                  X

                  14
                  Marine Tank Vessel Loading
                  Y
                  X

                  15
                  Phosphoric Acid Mfg
                  AA
                  X

                  16
                  Phosphate Fertilizers Prod
                  BB
                  X

                  17
                  Petroleum Refineries
                  CC
                  X

                  18
                  Offsite Waste & Recovery
                  DD
                  X

                  Tanks; Level 1
                  OO
                  X

                  Containers
                  PP
                  X

                  Surface Impoundments
                  QQ
                  X

                  Drain Systems
                  RR
                  X

                  Oil-Water Separators
                  VV
                  X

                  19
                  Magnetic Tape
                  EE
                  X

                  20
                  Aerospace Industry
                  GG
                  X

                  21
                  Oil & Natural Gas Prod
                  HH
                  X

                  Area Source Requirements >>.

                  22
                  Shipbuilding and Repair
                  II
                  X

                  23
                  Wood Furniture Mfg
                  JJ
                  X

                  24
                  Printing & Publishing
                  KK
                  X

                  25
                  Primary Aluminum
                  LL
                  X

                  26
                  Pulp & Paper II (Combustion sources)
                  MM
                  X

                  27
                  Generic MACT:

                  Control Devices
                  SS
                  X

                  Eq. Leaks—Level 1
                  TT
                  X

                  Eq. Leaks—Level 2
                  UU
                  X

                  Tanks—Level 2
                  WW
                  X

                  28
                  Generic MACT:

                  Ethylene Mfg
                  XX & YY
                  X

                  Carbon Black
                  YY
                  X

                  Spandex Prod
                  YY
                  X

                  Cyanide Chemical Mfg
                  YY
                  X

                  Acetal Resins
                  YY
                  X

                  Acrylic/Modacrylic Fibers
                  YY
                  X

                  Hydrogen Fluoride Prod
                  YY
                  X

                  Polycarbonates Prod
                  YY
                  X

                  29
                  Steel Pickeling
                  CCC
                  X

                  30
                  Mineral Wool Prod
                  DDD
                  X

                  31
                  Hazardous Waste Combustion (Phase I)
                  EEE
                  X

                  32
                  Boilers that burn Haz. Waste (Phase II)
                  EEE
                  X

                  33
                  HCL Prod. Furnaces burning Haz. Waste (P II)
                  EEE
                  X

                  34
                  Pharmaceutical Prod
                  GGG
                  X

                  35
                  Nat. Gas Transmission & Storage
                  HHH
                  X

                  36
                  Flexible Polyurethane Foam Prod
                  III
                  X

                  37
                  Polymer & Resins 4
                  JJJ
                  X

                  38
                  Portland Cement
                  LLL
                  X

                  39
                  Pesticide Active Ingredients
                  MMM
                  X

                  40
                  Wool Fiberglass
                  NNN
                  X

                  41
                  Polymer & Resins 3 (Amino & Phenolic)
                  OOO
                  X

                  42
                  Polyether Polyols Prod
                  PPP
                  X

                  43
                  Primary Copper
                  QQQ
                  X

                  44
                  Secondary Aluminum Prod
                  RRR
                  X

                  45
                  Primary Lead Smelting
                  TTT
                  X

                  46
                  Petro Refineries (FCC units)
                  UUU
                  X

                  47
                  POTW
                  VVV
                  X

                  48
                  Ferroalloys
                  XXX
                  X

                  49
                  Municipal Landfills
                  AAAA
                  X

                  50
                  Nutritional Yeast
                  CCCC
                  X

                  51
                  Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)
                  DDDD
                  X

                  52
                  Organic Liquids Distribution (non-gas)
                  EEEE
                  X

                  53
                  Misc. Organic NESHAP
                  FFFF
                  X

                  54
                  Vegetable Oil
                  GGGG
                  X

                  55
                  Wet Formed Fiberglass
                  HHHH
                  X

                  56
                  Auto & Light Duty Truck (coating)
                  IIII
                  X

                  57
                  Paper & Other Webs
                  JJJJ
                  X

                  58
                  Metal Can (coating)
                  KKKK
                  X

                  59
                  Misc. Metal Parts (coating)
                  MMMM
                  X

                  60
                  Large Appliances (coating)
                  NNNN
                  X

                  61
                  Printing, Coating, & Dyeing Fabrics
                  OOOO
                  X

                  62
                  Plastic Parts & Products (coating)
                  PPPP
                  X

                  63
                  Wood Building Products
                  QQQQ
                  X

                  64
                  Metal Furniture (coating)
                  RRRR
                  X

                  65
                  Metal Coil (coating)
                  SSSS
                  X

                  66
                  Leather Tanning & Finishing
                  TTTT
                  X

                  67
                  Cellulose Ethers Prod. Misc. Viscose Processes
                  UUUU
                  X

                  68
                  Boat Manufacturing
                  VVVV
                  X

                  69
                  Reinforced Plastic Composites
                  WWWW
                  X

                  70
                  Rubber Tire Mfg
                  XXXX
                  X

                  71
                  Stationary Combustion Turbines
                  YYYY
                  X

                  72
                  Reciprocating Int. Combustion Engines
                  ZZZZ
                  X

                  Area Source Requirements >>.

                  73
                  Lime Manufacturing
                  AAAAA
                  X

                  74
                  Semiconductor Production
                  BBBBB
                  X

                  75
                  Coke Ovens: (Push/Quench/Battery/Stacks)
                  CCCCC
                  X

                  76
                  Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07
                  DDDDD

                  77
                  Iron Foundries
                  EEEEE
                  X

                  78
                  Integrated Iron & Steel
                  FFFFF
                  X

                  79
                  Site Remediation
                  GGGGG
                  X

                  80
                  Misc. Coating Manufacturing
                  HHHHH
                  X

                  81
                  Mercury Cell Chlor-Alkali
                  IIIII
                  X

                  82
                  Brick & Structural Clay Products, VACATED on 6/18/07
                  JJJJJ
                  X

                  83
                  Clay Ceramics Manufacturing, VACATED on 6/18/07
                  KKKKK
                  X

                  84
                  Asphalt Roofing & Processing
                  LLLLL
                  X

                  85
                  Flex. Polyurethane Foam Fabrication
                  MMMMM
                  X

                  86
                  Hydrochloric Acid Prod/Fumed Silica
                  NNNNN
                  X

                  87
                  Engine & Rocket Test Facilities
                  PPPPP
                  X

                  88
                  Friction Materials Manufacturing
                  QQQQQ
                  X

                  89
                  Taconite Iron Ore
                  RRRRR
                  X

                  90
                  Refactories
                  SSSSS
                  X

                  91
                  Primary Magnesium
                  TTTTT
                  X

                    Area Source Rules

                  92
                  Hospital Sterilizers
                  WWWWW

                  93
                  Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces
                  YYYYY
                  X

                  94
                  Iron & Steel foundries
                  ZZZZZ
                  X

                  95
                  Gasoline Distribution—Bulk
                  BBBBBB

                  96
                  Gasoline Dispensing Facilities
                  CCCCCC

                  97
                  PVC & Copolymers Prod
                  DDDDDD
                  X

                  98
                  Primary Copper
                  EEEEEE
                  X

                  99
                  Secondary Copper Smelting
                  FFFFFF
                  X

                  100
                  Primary Nonferrous Metals
                  GGGGGG
                  X

                  101
                  Paint Stripping
                  HHHHHH

                  Auto-Body Refinishing

                  Plastic Parts & Prod. (coating)

                  102
                  Acrylic/Modacrylic Fibers Prod
                  LLLLLL
                  X

                  103
                  Carbon Black Prod
                  MMMMMM
                  X

                  104
                  Chemical Mfg. Chrom
                  NNNNNN
                  X

                  105
                  Flex. Polyurethane Foam Fab
                  OOOOOO
                  X

                  Flex. Polyurethane Foam Prod

                  106
                  Lead Acid Battery Mfg
                  PPPPPP
                  X

                  107
                  Wood Preserving
                  QQQQQQ
                  X

                  108
                  Clay Ceramics Mfg
                  RRRRRR
                  X

                  109
                  Glass Mfg
                  SSSSSS
                  X

                  110
                  Secondary Nonferrous Metals
                  TTTTTT
                  X

                  110
                  Plating and Polishing
                  WWWWWW

                  112
                  Industrial Mach. & Eq. Finishing
                  XXXXXX

                  Elect. & Electronics Eq. Finishing

                  Fabricated Metal Prod

                  Fabricated Plate Work (Boiler Shop)

                  Fabricated Structural Metal Mfg

                  Heating Eq. Mfg

                  Iron and Steel Forging

                  Primary Metals Prod. Mfg

                  Valves and Pipe Fittings Mfg

                  113
                  Ferroalloys Production
                  YYYYYY

                  Ferro/Silico Manganese

                  1 State program approved on October 1, 2001. Delegation table last updated on December 19, 2008.

              (ii) [Reserved]
              (11) Georgia. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Georgia Environmental Protection Division (GEPD) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set force in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

                Part 63 Major & Area Source Rule Delegations—Georgia 1

                  Source category
                  Subpart
                  GEPD

                  1
                  HON
                  F, G, H, I
                  X

                  2
                  Polyvinyl Chloride & Co-polymers VACATED on 5/11/05
                  J
                  X

                  3
                  Coke Ovens
                  L
                  X

                  4
                  Dry Cleaners
                  M
                  X

                  5
                  Chromium Electroplating
                  N
                  X

                  6
                  EtO Commercial Sterilization
                  O
                  X

                  7
                  Chromium Cooling Towers
                  Q
                  X

                  8
                  Gasoline Distribution (stage 1)
                  R
                  X

                  9
                  Pulp & Paper I
                  S
                  X

                  10
                  Halogenated Solvent Cleaning
                  T
                  X

                  11
                  Polymer & Resins 1
                  U
                  X

                  12
                  Polymer & Resins 2
                  W
                  X

                  13
                  Secondary Lead Smelters
                  X
                  X

                  14
                  Marine Tank Vessel Loading
                  Y
                  X

                  15
                  Phosphoric Acid Mfg
                  AA
                  X

                  16
                  Phosphate Fertilizers Prod
                  BB
                  X

                  17
                  Petroleum Refineries
                  CC
                  X

                  18
                  Offsite Waste & Recovery
                  DD
                  X

                  Tanks; Level 1
                  OO
                  X

                  Containers
                  PP
                  X

                  Surface Impoundments
                  QQ
                  X

                  Drain Systems
                  RR
                  X

                  Oil-Water Separators
                  VV
                  X

                  19
                  Magnetic Tape
                  EE
                  X

                  20
                  Aerospace Industry
                  GG
                  X

                  21
                  Oil & Natural Gas Prod
                  HH
                  X

                  Area Source Requirements >>.

                  22
                  Shipbuilding and Repair
                  II
                  X

                  23
                  Wood Furniture Mfg
                  JJ
                  X

                  24
                  Printing & Publishing
                  KK
                  X

                  25
                  Primary Aluminum
                  LL

                  26
                  Pulp & Paper II (Combustion sources)
                  MM
                  X

                  27
                  Generic MACT:

                  Control Devices
                  SS
                  X

                  Eq. Leaks—Level 1
                  TT
                  X

                  Eq. Leaks—Level 2
                  UU
                  X

                  Tanks—Level 2
                  WW
                  X

                  28
                  Generic MACT:

                  Ethylene Mfg
                  XX & YY
                  X

                  Carbon Black
                  YY
                  X

                  Spandex Prod
                  YY
                  X

                  Cyanide Chemical Mfg
                  YY
                  X

                  Acetal Resins
                  YY
                  X

                  Acrylic/Modacrylic Fibers
                  YY
                  X

                  Hydrogen Fluoride Prod
                  YY
                  X

                  Polycarbonates Prod
                  YY
                  X

                  29
                  Steel Pickeling
                  CCC
                  X

                  30
                  Mineral Wool Prod
                  DDD
                  X

                  31
                  Hazardous Waste Combustion (Phase I)
                  EEE
                  X

                  32
                  Boilers that burn Haz. Waste (Phase II)
                  EEE
                  X

                  33
                  HCL Prod. Furnaces burning Haz. Waste (P II)
                  EEE
                  X

                  34
                  Pharmaceutical Prod
                  GGG
                  X

                  35
                  Nat. Gas Transmission & Storage
                  HHH
                  X

                  36
                  Flexible Polyurethane Foam Prod
                  I I I
                  X

                  37
                  Polymer & Resins 4
                  JJJ
                  X

                  38
                  Portland Cement
                  LLL
                  X

                  39
                  Pesticide Active Ingredients
                  MMM
                  X

                  40
                  Wool Fiberglass
                  NNN
                  X

                  41
                  Polymer & Resins 3 (Amino & Phenolic)
                  OOO
                  X

                  42
                  Polyether Polyols Prod
                  PPP
                  X

                  43
                  Primary Copper
                  QQQ
                  X

                  44
                  Secondary Aluminum Prod
                  RRR
                  X

                  45
                  Primary Lead Smelting
                  TTT
                  X

                  46
                  Petro Refineries (FCC units)
                  UUU
                  X

                  47
                  POTW
                  VVV
                  X

                  48
                  Ferroalloys
                  XXX
                  X

                  49
                  Municipal Landfills
                  AAAA
                  X

                  50
                  Nutritional Yeast
                  CCCC
                  X

                  51
                  Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)
                  DDDD
                  X

                  52
                  Organic Liquids Distribution (non-gas)
                  EEEE
                  X

                  53
                  Misc. Organic NESHAP
                  FFFF
                  X

                  54
                  Vegetable Oil
                  GGGG
                  X

                  55
                  Wet Formed Fiberglass
                  HHHH
                  X

                  56
                  Auto & Light Duty Truck (coating)
                  IIII
                  X

                  57
                  Paper & Other Webs
                  JJJJ
                  X

                  58
                  Metal Can (coating)
                  KKKK
                  X

                  59
                  Misc. Metal Parts (coating)
                  MMMM
                  X

                  60
                  Large Appliances (coating)
                  NNNN
                  X

                  61
                  Printing, Coating, & Dyeing Fabrics
                  OOOO
                  X

                  62
                  Plastic Parts & Products (coating)
                  PPPP
                  X

                  63
                  Wood Building Products
                  QQQQ
                  X

                  64
                  Metal Furniture (coating)
                  RRRR
                  X

                  65
                  Metal Coil (coating)
                  S S S S
                  X

                  66
                  Leather Tanning & Finishing
                  TTTT
                  X

                  67
                  Cellulose Ethers Prod. Misc. Viscose Processes
                  UUUU
                  X

                  68
                  Boat Manufacturing
                  VVVV
                  X

                  69
                  Reinforced Plastic Composites
                  WWWW
                  X

                  70
                  Rubber Tire Mfg
                  XXXX
                  X

                  71
                  Stationary Combustion Turbines
                  YYYY
                  X

                  72
                  Reciprocating Int. Combustion Engines
                  ZZZZ
                  X

                  Area Source Requirements >>.

                  73
                  Lime Manufacturing
                  AAAAA
                  X

                  74
                  Semiconductor Production
                  BBBBB
                  X

                  75
                  Coke Ovens: (Push/Quench/Battery/Stacks)
                  CCCCC
                  X

                  76
                  Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07
                  DDDDD

                  77
                  Iron Foundries
                  EEEEE
                  X

                  78
                  Integrated Iron & Steel
                  FFFFF
                  X

                  79
                  Site Remediation
                  GGGGG
                  X

                  80
                  Misc. Coating Manufacturing
                  HHHHH
                  X

                  81
                  Mercury Cell Chlor-Alkali
                  IIIII
                  X

                  82
                  Brick & Structural Clay Products, VACATED on 6/18/07
                  JJJJJ

                  83
                  Clay Ceramics Manufacturing, VACATED on 6/18/07
                  KKKKK

                  84
                  Asphalt Roofing & Processing
                  LLLLL
                  X

                  85
                  Flex. Polyurethane Foam Fabrication
                  MMMMM
                  X

                  86
                  Hydrochloric Acid Prod/Fumed Silica
                  NNNNN
                  X

                  87
                  Engine & Rocket Test Facilities
                  PPPPP
                  X

                  88
                  Friction Materials Manufacturing
                  QQQQQ
                  X

                  89
                  Taconite Iron Ore
                  RRRRR
                  X

                  90
                  Refactories
                  SSSSS
                  X

                  91
                  Primary Magnesium
                  TTTTT
                  X

                    Area Source Rules

                  92
                  Hospital Sterilizers
                  WWWWW

                  93
                  Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces
                  YYYYY

                  94
                  Iron & Steel foundries
                  ZZZZZ

                  95
                  Gasoline Distribution—Bulk
                  BBBBBB

                  96
                  Gasoline Dispensing Facilities
                  CCCCCC

                  97
                  PVC & Copolymers Prod
                  DDDDDD

                  98
                  Primary Copper
                  EEEEEE

                  99
                  Secondary Copper Smelting
                  FFFFFF

                  100
                  Primary Nonferrous Metals
                  GGGGGG

                  Paint Stripping

                  101
                  Auto-Body Refinishing
                  HHHHHH

                  Plastic Parts & Prod. (coating)

                  102
                  Acrylic/Modacrylic Fibers Prod
                  LLLLLL

                  103
                  Carbon Black Prod
                  MMMMMM

                  104
                  Chemical Mfg. Chrom
                  NNNNNN

                  Flex. Polyurethane Foam Fab

                  105
                  Flex. Polyurethane Foam Prod
                  OOOOOO

                  106
                  Lead Acid Battery Mfg
                  PPPPPP

                  107
                  Wood Preserving
                  QQQQQQ

                  108
                  Clay Ceramics Mfg
                  RRRRRR

                  109
                  Glass Mfg
                  SSSSSS

                  110
                  Secondary Nonferrous Metals
                  TTTTTT

                  110
                  Plating and Polishing
                  WWWWWW

                  112
                  Industrial Mach. & Eq. Finishing
                  XXXXXX

                  Elect. & Electronics Eq. Finishing

                  Fabricated Metal Prod

                  Fabricated Plate Work (Boiler Shop)

                  Fabricated Structural Metal Mfg

                  Heating Eq. Mfg

                  Iron and Steel Forging

                  Primary Metals Prod. Mfg

                  Valves and Pipe Fittings Mfg

                  113
                  Ferroalloys Production
                  YYYYYY

                  Ferro/Silico Manganese

                  1 State program approved on June 8, 2000. Delegation table last updated on September 15, 2008.

              (ii) Georgia Environmental Protection Division (GEPD) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Augusta Mill, Augusta, Georgia, for subpart S of this part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon GEPD including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.
              (12) [Reserved]
              (13) Idaho. (i) The following table lists the specific part 63 subparts that have been delegated unchanged to the Idaho Department of Environmental Quality. The (X) symbol indicates that all or part of the subpart is delegated, subject to the conditions and limits in EPA's action:

                Delegation Status of Part 63 NESHAPS—State of Idaho 1

                  Subpart
                  IDEQ

                  A. General Provisions
                  X

                  D. Early Reductions
                  X

                  F. HON-SOCMI
                  X

                  G. HON-Process Vents
                  X

                  H. HON-Equipment Leaks
                  X

                  I. HON-Negotiated Leaks
                  X

                  L. Coke Oven Batteries
                  X

                  M. Perchloroethylene Dry Cleaning
                  X

                  N. Chromium Electroplating
                  X

                  O. Ethylene Oxide Sterilizers
                  X

                  Q. Industrial Process Cooling Towers
                  X

                  R. Gasoline Distribution
                  X

                  S. Pulp and Paper
                  X

                  T. Halogenated Solvent Cleaning
                  X

                  U. Polymers and Resins I
                  X

                  W. Polymers and Resins II—Epoxy
                  X

                  X. Secondary Lead Smelting
                  X

                  Y. Marine Tank Vessel Loading
                  X

                  AA. Phosphoric Acid Manufacturing Plants
                  X

                  BB. Phosphate Fertilizers Production Plants
                  X

                  CC. Petroleum Refineries
                  X

                  DD. Off-Site Waste and Recovery
                  X

                  EE. Magnetic Tape Manufacturing
                  X

                  GG. Aerospace Manufacturing & Rework
                  X

                  HH. Oil and Natural Gas Production Facilities
                  X

                  II. Shipbuilding and Ship Repair
                  X

                  JJ. Wood Furniture Manufacturing Operations
                  X

                  KK. Printing and Publishing Industry
                  X

                  LL. Primary Aluminum
                  X

                  OO. Tanks—Level 1
                  X

                  PP. Containers
                  X

                  QQ. Surface Impoundments
                  X

                  RR. Individual Drain Systems
                  X

                  SS. Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process

                  TT. Equipment Leaks—Control Level 1
                  X

                  UU. Equipment Leaks—Control Level 2
                  X

                  VV. Oil-Water Separators and Organic-Water Separators
                  X

                  WW. Storage Vessels (Tanks)—Control Level 2
                  X

                  YY. Source Categories: Generic MACT
                  X

                  CCC. Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants
                  X

                  DDD. Mineral Wool Production
                  X

                  EEE. Hazardous Waste Combustors
                  X

                  GGG. Pharmaceuticals Production
                  X

                  HHH. Natural Gas Transmission and Storage Facilities
                  X

                  III. Flexible Polyurethane Foam Production
                  X

                  JJJ. Polymers and Resins IV
                  X

                  LLL. Portland Cement Manufacturing
                  X

                  MMM. Pesticide Active Ingredient Production
                  X

                  NNN. Wool Fiberglass Manufacturing
                  X

                  OOO. Manufacture of Amino Phenolic Resins
                  X

                  PPP. Polyether Polyols Production
                  X

                  RRR. Secondary Aluminum Production
                  X

                  TTT. Primary Lead Smelting
                  X

                  VVV. Publicly Owned Treatment Works
                  X

                  XXX. Ferroalloys Production: Ferromanganese & Silicomanganese
                  X

                  1 Delegation is for major sources only and subject to all federal law, regulations, policy and guidance.

              (ii) [Reserved]
              (14)-(17) [Reserved]
              (18) Kentucky.
              (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Kentucky Department of Environmental Protection for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

                Part 63 Major and Area Source Rule Delegations—Kentucky 1

                  Source category
                  Subpart
                  KDEP 2

                  LAPCD 3

                  1
                  HON
                  F,G,H,I
                  X
                  X

                  2
                  Polyvinyl Chloride & Co-polymers VACATED on 5/11/05
                  J

                  3
                  Coke Ovens
                  L
                  X
                  X

                  4
                  Dry Cleaners
                  M
                  X
                  X

                  5
                  Chromium Electroplating
                  N
                  X
                  X

                  6
                  EtO Commercial Sterilization
                  O
                  X
                  X

                  7
                  Chromium Cooling Towers
                  Q
                  X
                  X

                  8
                  Gasoline Distribution (stage 1)
                  R
                  X
                  X

                  9
                  Pulp & Paper I
                  S
                  X
                  X

                  10
                  Halogenated Solvent Cleaning
                  T
                  X
                  X

                  11
                  Polymer & Resins 1
                  U
                  X
                  X

                  12
                  Polymer & Resins 2
                  W
                  X
                  X

                  13
                  Secondary Lead Smelters
                  X
                  X
                  X

                  14
                  Marine Tank Vessel Loading
                  Y
                  X
                  X

                  15
                  Phosphoric Acid Mfg
                  AA
                  X
                  X

                  16
                  Phosphate Fertilizers Prod
                  BB
                  X
                  X

                  17
                  Petroleum Refineries
                  CC
                  X
                  X

                  18
                  Offsite Waste & Recovery
                  DD
                  X
                  X

                  Tanks; Level 1
                  OO
                  X
                  X

                  Containers
                  PP
                  X
                  X

                  Surface Impoundments
                  QQ
                  X
                  X

                  Drain Systems
                  RR
                  X
                  X

                  Oil-Water Separators
                  VV
                  X
                  X

                  19
                  Magnetic Tape
                  EE
                  X
                  X

                  20
                  Aerospace Industry
                  GG
                  X
                  X

                  21
                  Oil & Natural Gas Prod
                  HH
                  X
                  X

                  Area Source Requirements >>.
                  X

                  22
                  Shipbuilding and Repair
                  II
                  X
                  X

                  23
                  Wood Furniture Mfg
                  JJ
                  X
                  X

                  24
                  Printing & Publishing
                  KK
                  X
                  X

                  25
                  Primary Aluminum
                  LL
                  X

                  26
                  Pulp & Paper II (Combustion sources)
                  MM
                  X
                  X

                  27
                  Generic MACT:

                  Control Devices
                  SS
                  X
                  X

                  Eq. Leaks—Level 1
                  TT
                  X
                  X

                  Eq. Leaks—Level 2
                  UU
                  X
                  X

                  Tanks—Level 2
                  WW
                  X
                  X

                  28
                  General MACT:

                  Ethylene Mfg
                  XX & YY
                  X
                  X

                  Carbon Black
                  YY
                  X
                  X

                  Spandex Prod
                  YY
                  X
                  X

                  Cyanide Chemical Mfg
                  YY
                  X
                  X

                  Acetal Resins
                  YY
                  X
                  X

                  Acrylic/Modacrylic Fibers
                  YY
                  X
                  X

                  Hydrogen Fluoride Prod
                  YY
                  X
                  X

                  Polycarbonates Prod
                  YY
                  X
                  X

                  29
                  Steel Pickling
                  CCC
                  X
                  X

                  30
                  Mineral Wool Prod
                  DDD
                  X
                  X

                  31
                  Hazardous Waste Combustion (Phase I)
                  EEE
                  X
                  X

                  32
                  Boilers that burn Haz. Waste (Phase II)
                  EEE
                  X
                  X

                  33
                  HCL Prod. Furnaces burning Haz. Waste (P II)
                  EEE
                  X
                  X

                  34
                  Pharmaceutical Prod
                  GGG
                  X
                  X

                  35
                  Nat. Gas Transmission & Storage
                  HHH
                  X
                  X

                  36
                  Flexible Polyurethane Foam Prod
                  III
                  X
                  X

                  37
                  Polymer & Resins 4
                  JJJ
                  X
                  X

                  38
                  Portland Cement
                  LLL
                  X
                  X

                  39
                  Pesticide Active Ingredients
                  MMM
                  X
                  X

                  40
                  Wool Fiberglass
                  NNN
                  X
                  X

                  41
                  Polymer & Resins 3 (Amino & Phenolic)
                  OOO
                  X
                  X

                  42
                  Polyether Polyols Prod
                  PPP
                  X
                  X

                  43
                  Primary Copper
                  QQQ
                  X
                  X

                  44
                  Secondary Aluminum Prod
                  RRR
                  X
                  X

                  45
                  Primary Lead Smelting
                  TTT
                  X

                  46
                  Petro Refineries (FCC units)
                  UUU
                  X
                  X

                  47
                  POTW
                  VVV
                  X
                  X

                  48
                  Ferroalloys
                  XXX
                  X
                  X

                  49
                  Municipal Landfills
                  AAAA
                  X
                  X

                  50
                  Nutritional Yeast
                  CCCC
                  X
                  X

                  51
                  Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)
                  DDDD
                  X
                  X

                  52
                  Organic Liquids Distribution (non-gas)
                  EEEE
                  X
                  X

                  53
                  Misc. Organic NESHAP
                  FFFF
                  X
                  X

                  54
                  Vegetable Oil
                  GGGG
                  X
                  X

                  55
                  Wet Formed Fiberglass
                  HHHH
                  X
                  X

                  56
                  Auto & Light Duty Truck (coating)
                  IIII
                  X
                  X

                  57
                  Paper & Other Webs
                  JJJJ
                  X
                  X

                  58
                  Metal Can (coating)
                  KKKK
                  X
                  X

                  59
                  Misc. Metal Parts (coating)
                  MMMM
                  X
                  X

                  60
                  Large Appliances (coating)
                  NNNN
                  X
                  X

                  61
                  Printing, Coating, & Dyeing Fabrics
                  OOOO
                  X
                  X

                  62
                  Plastic Parts & Products (coating)
                  PPPP
                  X
                  X

                  63
                  Wood Building Products
                  QQQQ
                  X
                  X

                  64
                  Metal Furniture (coating)
                  RRRR
                  X
                  X

                  65
                  Metal Coil (coating)
                  SSSS
                  X
                  X

                  66
                  Leather Tanning & Finishing
                  TTTT
                  X
                  X

                  67
                  Cellulose Ethers Prod. Misc. Viscose Processes
                  UUUU
                  X
                  X

                  68
                  Boat Manufacturing
                  VVVV
                  X
                  X

                  69
                  Reinforced Plastic Composites
                  WWWW
                  X
                  X

                  70
                  Rubber Tire Mfg
                  XXXX
                  X
                  X

                  71
                  Stationary Combustion Turbines
                  YYYY
                  X
                  X

                  72
                  Reciprocating Int. Combustion Engines
                  ZZZZ
                  X
                  X

                  Area Source Requirements >>.
                  X

                  73
                  Lime Manufacturing
                  AAAAA
                  X
                  X

                  74
                  Semiconductor Production
                  BBBBB
                  X
                  X

                  75
                  Coke Ovens: (Push/Quench/Battery/Stacks)
                  CCCCC
                  X
                  X

                  76
                  Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07.
                  DDDDD

                  77
                  Iron Foundries
                  EEEEE
                  X
                  X

                  78
                  Integrated Iron & Steel
                  FFFFF
                  X
                  X

                  79
                  Site Remediation
                  GGGGG
                  X
                  X

                  80
                  Misc. Coating Manufacturing
                  HHHHH
                  X
                  X

                  81
                  Mercury Cell Chlor-Alkali
                  IIIII
                  X
                  X

                  82
                  Brick & Structural Clay Products, VACATED on 6/18/07
                  JJJJJ

                  83
                  Clay Ceramics Manufacturing, VACATED on 6/18/07
                  KKKKK

                  84
                  Asphalt Roofing & Processing
                  LLLLL
                  X
                  X

                  85
                  Flex. Polyurethane Foam Fabrication
                  MMMMM
                  X
                  X

                  86
                  Hydrochloric Acid Prod/Fumed Silica
                  NNNNN
                  X
                  X

                  87
                  Engine & Rocket Test Facilities
                  PPPPP
                  X
                  X

                  88
                  Friction Materials Manufacturing
                  QQQQQ
                  X
                  X

                  89
                  Taconite Iron Ore
                  RRRRR
                  X
                  X

                  90
                  Refactories
                  SSSSS
                  X
                  X

                  91
                  Primary Magnesium
                  TTTTT
                  X
                  X

                    Ares Source Rules

                  92
                  Hospital Sterilizers
                  WWWWW
                  X

                  93
                  Electric Arc Furnaces Stainless and Nonstainless Steel Mfg
                  YYYYY
                  X

                  94
                  Iron & Steel foundries
                  ZZZZZ
                  X

                  95
                  Gasoline Distribution—Bulk
                  BBBBBB
                  X

                  96
                  Gasoline Dispensing Facilities
                  CCCCCC
                  X

                  97
                  PVC & Copolymers Prod
                  DDDDDD
                  X

                  98
                  Primary Copper
                  EEEEEE
                  X

                  99
                  Secondary Copper Smelting
                  FFFFFF
                  X

                  100
                  Primary Nonferrous Metals Paint Stripping
                  GGGGGG
                  X

                  101
                  Auto-Body Refinishing Plastic Parts & Prod. (coating)
                  HHHHHH
                  X

                  102
                  Acrylic/Modacrylic Fibers Prod
                  LLLLLL
                  X

                  103
                  Carbon Black Prod
                  MMMMMM
                  X

                  104
                  Chemical Mfg. Chrom Flex. Polyurethane Foam Fab
                  NNNNNN
                  X

                  105
                  Flex. Polyurethane Foam Prod
                  OOOOOO
                  X

                  106
                  Lead Acid Battery Mfg
                  PPPPPP
                  X

                  107
                  Wood Preserving
                  QQQQQQ
                  X

                  108
                  Clay Ceramics Mfg
                  RRRRRR

                  109
                  Glass Mfg
                  SSSSSS

                  110
                  Secondary Nonferrous Metals
                  TTTTTT

                  111
                  Plating and Polishing
                  WWWWWW

                  112
                  Hearing Eq. Mfg
                  XXXXXX

                  Industrial Mach. & Eq. Finishing

                  Elect. & Electronics Eq. Finishing

                  Fabricated Metal Prod

                  Fabricated Plate Work (Boiler Shop)

                  Fabricated Structural Metal Mfg

                  Iron and Steel Forging

                  Primary Metals Prod. Mfg

                  Valves and Pipe Fittings Mfg

                  Ferroalloys Production

                  113
                  Ferro/Silico Manganese
                  YYYYYY

                  1 State program approved on October 31, 2001. Delegation table last updated on April 1, 2009.

                  2 Kentucky Department for Environmental Protection.

                  3 Louisville Air Pollution Control District.

              (ii) [Reserved]
              (19) Louisiana.

              (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Louisiana Department of Environmental Quality for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after July 1, 2013, are not delegated.

                Delegation Status for Part 63 Standards—State of Louisiana
                [Excluding Indian Country]

                  Subpart
                  Source category
                  LDEQ 1 2

                  A
                  General Provisions
                  X

                  D
                  Early Reductions
                  X

                  F
                  Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)
                  X

                  G
                  HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater
                  X

                  H
                  HON—Equipment Leaks
                  X

                  I
                  HON—Certain Processes Negotiated Equipment Leak Regulation
                  X

                  J
                  Polyvinyl Chloride and Copolymers Production
                   (3)

                  K
                  (Reserved)

                  L
                  Coke Oven Batteries
                  X

                  M
                  Perchloroethylene Dry Cleaning
                  X

                  N
                  Chromium Electroplating and Chromium Anodizing Tanks
                  X

                  O
                  Ethylene Oxide Sterilizers
                  X

                  P
                  (Reserved)

                  Q
                  Industrial Process Cooling Towers
                  X

                  R
                  Gasoline Distribution
                  X

                  S
                  Pulp and Paper Industry
                  X

                  T
                  Halogenated Solvent Cleaning
                  X

                  U
                  Group I Polymers and Resins
                  X

                  V
                  (Reserved)

                  W
                  Epoxy Resins Production and Non-Nylon Polyamides Production
                  X

                  X
                  Secondary Lead Smelting
                  X

                  Y
                  Marine Tank Vessel Loading
                  X

                  Z
                  (Reserved)

                  AA
                  Phosphoric Acid Manufacturing Plants
                  X

                  BB
                  Phosphate Fertilizers Production Plants
                  X

                  CC
                  Petroleum Refineries
                  X

                  DD
                  Off-Site Waste and Recovery Operations
                  X

                  EE
                  Magnetic Tape Manufacturing
                  X

                  FF
                  (Reserved)

                  GG
                  Aerospace Manufacturing and Rework Facilities
                  X

                  HH
                  Oil and Natural Gas Production Facilities
                  X

                  II
                  Shipbuilding and Ship Repair Facilities
                  X

                  JJ
                  Wood Furniture Manufacturing Operations
                  X

                  KK
                  Printing and Publishing Industry
                  X

                  LL
                  Primary Aluminum Reduction Plants
                  X

                  MM
                  Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills
                  X

                  NN
                  (Reserved)

                  OO
                  Tanks-Level 1
                  X

                  PP
                  Containers
                  X

                  QQ
                  Surface Impoundments
                  X

                  RR
                  Individual Drain Systems
                  X

                  SS
                  Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
                  X

                  TT
                  Equipment Leaks—Control Level 1
                  X

                  UU
                  Equipment Leaks—Control Level 2 Standards
                  X

                  VV
                  Oil—Water Separators and Organic—Water Separators
                  X

                  WW
                  Storage Vessels (Tanks)—Control Level 2
                  X

                  XX
                  Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations
                  X

                  YY
                  Generic Maximum Achievable Control Technology Standards
                  X

                  ZZ-BBB
                  (Reserved)

                  CCC
                  Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration
                  X

                  DDD
                  Mineral Wool Production
                  X

                  EEE
                  Hazardous Waste Combustors
                  X

                  FFF
                  (Reserved)

                  GGG
                  Pharmaceuticals Production
                  X

                  HHH
                  Natural Gas Transmission and Storage Facilities
                  X

                  III
                  Flexible Polyurethane Foam Production
                  X

                  JJJ
                  Group IV Polymers and Resins
                  X

                  KKK
                  (Reserved)

                  LLL
                  Portland Cement Manufacturing
                  X

                  MMM
                  Pesticide Active Ingredient Production
                  X

                  NNN
                  Wool Fiberglass Manufacturing
                  X

                  OOO
                  Amino/Phenolic Resins
                  X

                  PPP
                  Polyether Polyols Production
                  X

                  QQQ
                  Primary Copper Smelting
                  X

                  RRR
                  Secondary Aluminum Production
                  X

                  SSS
                  (Reserved)

                  TTT
                  Primary Lead Smelting
                  X

                  UUU
                  Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants
                  X

                  VVV
                  Publicly Owned Treatment Works (POTW)
                  X

                  WWW
                  (Reserved)

                  XXX
                  Ferroalloys Production: Ferromanganese and Silicomanganese
                  X

                  AAAA
                  Municipal Solid Waste Landfills
                  X

                  CCCC
                  Nutritional Yeast Manufacturing
                  X

                  DDDD
                  Plywood and Composite Wood Products

                    4 X

                  EEEE
                  °Organic Liquids Distribution
                  X

                  FFFF
                  Misc. Organic Chemical Production and Processes (MON)
                  X

                  GGGG
                  Solvent Extraction for Vegetable Oil Production
                  X

                  HHHH
                  Wet Formed Fiberglass Mat Production
                  X

                  IIII
                  Auto & Light Duty Truck (Surface Coating)
                  X

                  JJJJ
                  Paper and other Web (Surface Coating)
                  X

                  KKKK
                  Metal Can (Surface Coating)
                  X

                  MMMM
                  Misc. Metal Parts and Products (Surface Coating)
                  X

                  NNNN
                  Surface Coating of Large Appliances
                  X

                  OOOO
                  Fabric Printing Coating and Dyeing
                  X

                  PPPP
                  Plastic Parts (Surface Coating)
                  X

                  QQQQ
                  Surface Coating of Wood Building Products
                  X

                  RRRR
                  Surface Coating of Metal Furniture
                  X

                  SSSS
                  Surface Coating for Metal Coil
                  X

                  TTTT
                  Leather Finishing Operations
                  X

                  UUUU
                  Cellulose Production Manufacture
                  X

                  VVVV
                  Boat Manufacturing
                  X

                  WWWW
                  Reinforced Plastic Composites Production
                  X

                  XXXX
                  Rubber Tire Manufacturing
                  X

                  YYYY
                  Combustion Turbines
                  X

                  ZZZZ
                  Reciprocating Internal Combustion Engines (RICE)
                  X

                  AAAAA
                  Lime Manufacturing Plants
                  X

                  BBBBB
                  Semiconductor Manufacturing
                  X

                  CCCCC
                  Coke Ovens: Pushing, Quenching and Battery Stacks
                  X

                  DDDDD
                  Industrial/Commercial/Institutional Boilers and Process Heaters

                    5 X

                  EEEEE
                  Iron Foundries
                  X

                  FFFFF
                  Integrated Iron and Steel
                  X

                  GGGGG
                  Site Remediation
                  X

                  HHHHH
                  Miscellaneous Coating Manufacturing
                  X

                  IIIII
                  Mercury Cell Chlor-Alkali Plants
                  X

                  JJJJJ
                  Brick and Structural Clay Products Manufacturing
                  (6)

                  KKKKK
                  Clay Ceramics Manufacturing
                  (6)

                  LLLLL
                  Asphalt Roofing and Processing
                  X

                  MMMMM
                  Flexible Polyurethane Foam Fabrication Operation
                  X

                  NNNNN
                  Hydrochloric Acid Production, Fumed Silica Production
                  X

                  OOOOO
                  (Reserved)

                  PPPPP
                  Engine Test Facilities
                  X

                  QQQQQ
                  Friction Products Manufacturing
                  X

                  RRRRR
                  Taconite Iron Ore Processing
                  X

                  SSSSS
                  Refractory Products Manufacture
                  X

                  TTTTT
                  Primary Magnesium Refining
                  X

                  UUUUU
                  Coal and Oil-Fired Electric Utility Steam Generating Units

                    7 X

                  VVVVV
                  (Reserved)

                  WWWWW
                  Hospital Ethylene Oxide Sterilizers
                  X

                  XXXXX
                  (Reserved)

                  YYYYY
                  Electric Arc Furnace Steelmaking Area Sources
                  X

                  ZZZZZ
                  Iron and Steel Foundries Area Sources
                  X

                  AAAAAA
                  (Reserved)

                  BBBBBB
                  Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
                  X

                  CCCCCC
                  Gasoline Dispensing Facilities
                  X

                  DDDDDD
                  Polyvinyl Chloride and Copolymers Production Area Sources
                  X

                  EEEEEE
                  Primary Copper Smelting Area Sources
                  X

                  FFFFFF
                  Secondary Copper Smelting Area Sources
                  X

                  GGGGGG
                  Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium
                  X

                  HHHHHH
                  Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
                  X

                  IIIIII
                  (Reserved)

                  JJJJJJ
                  Industrial, Commercial, and Institutional Boilers Area Sources
                  X

                  KKKKKK
                  (Reserved)

                  LLLLLL
                  Acrylic and Modacrylic Fibers Production Area Sources
                  X

                  MMMMMM
                  Carbon Black Production Area Sources
                  X

                  NNNNNN
                  Chemical Manufacturing Area Sources: Chromium Compounds
                  X

                  OOOOOO
                  Flexible Polyurethane Foam Production and Fabrication Area Sources
                  X

                  PPPPPP
                  Lead Acid Battery Manufacturing Area Sources
                  X

                  QQQQQQ
                  Wood Preserving Area Sources
                  X

                  RRRRRR
                  Clay Ceramics Manufacturing Area Sources
                  X

                  SSSSSS
                  Glass Manufacturing Area Sources
                  X

                  TTTTTT
                  Secondary Nonferrous Metals Processing Area Sources
                  X

                  UUUUUU
                  (Reserved)

                  VVVVVV
                  Chemical Manufacturing Area Sources
                  X

                  WWWWWW
                  Plating and Polishing Operations Area Sources
                  X

                  XXXXXX
                  Metal Fabrication and Finishing Area Sources
                  X

                  YYYYYY
                  Ferroalloys Production Facilities Area Sources
                  X

                  ZZZZZZ
                  Aluminum, Copper, and Other Nonferrous Foundries Area Sources
                  X

                  AAAAAAA
                  Asphalt Processing and Asphalt Roofing Manufacturing Area Sources
                  X

                  BBBBBBB
                  Chemical Preparation Industry Area Sources
                  X

                  CCCCCCC
                  Paints and Allied Products Manufacturing Area Sources
                  X

                  DDDDDDD
                  Prepared Feeds Areas Sources
                  X

                  EEEEEEE
                  Gold Mine Ore Processing and Production Area Sources
                  X

                  FFFFFFF-GGGGGGG
                  (Reserved)

                  HHHHHHH
                  Polyvinyl Chloride and Copolymers Production Major Sources
                  X

                  1 Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under “Delegation of Authority”) that cannot be delegated.

                  2 Program delegated to Louisiana Department of Environmental Quality (LDEQ) for standards promulgated by EPA, as amended in the Federal Register through July 1, 2013.

                  3 The LDEQ was previously delegated this subpart on March 26, 2004 (69 FR 15687). The LDEQ has adopted the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is not delegated to LDEQ at this time.

                  4 This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060) by the United States Court of Appeals for the District of Columbia Circuit.

                  5 Final rule. See 78 FR 7138 (January 31, 2013).

                  6 This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit on March 13, 2007. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the D.C. Court's holding this subpart is not delegated to LDEQ at this time.

                  7 Initial Final Rule on February 16, 2012 (77 FR 9304). Final on reconsideration of certain new source issues on April 24, 2013 (78 FR 24073). Portions of this subpart are in proposed reconsideration pending final action on June 25, 2013 (78 FR 38001).

              (20) Maine.
              (i) [Reserved]
              (ii) Maine Department of Environmental Protection (ME DEP) may implement and enforce alternative requirements in the form of title V permit terms and conditions for Lincoln Pulp and Paper, located in Lincoln, Maine, for subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon ME DEP including, in title V permits, terms and conditions that are no less stringent than the federal standard and have been approved by EPA. In addition, the requirement applicable to the source remains the federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.
              (iii) Affected area sources within Maine must comply with the Maine Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in § 63.14) as described in paragraph (a)(20)(iii)(A) of this section:
              (A) The material incorporated into the Maine Department of Environmental Protection regulations at Chapter 125, Perchloroethylene Dry Cleaner Regulation, effective as of June 2, 1991, last amended on June 24, 2009, pertaining to dry cleaning facilities in the State of Maine jurisdiction, and approved under the procedures in § 63.93 to be implemented and enforced in place of the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008, for area sources only, as defined in § 63.320(h).
              (1) Authorities not delegated.
              (i) Maine is not delegated the Administrator's authority to implement and enforce Maine regulations at Chapter 125, in lieu of those provisions of subpart M of this part which apply to major sources, as defined in § 63.320(g).
              (ii) Maine is not delegated the Administrator's authority to implement and enforce Maine regulations at Chapter 125, in lieu of those provisions of subpart M of this part which apply to dry cleaning systems installed in a building with a residence between July 13, 2006 and June 24, 2009, as defined in §§ 63.320(b)(2)(i) and 63.322(o)(4).
              (2) [Reserved]
              (B) [Reserved]
              (21) Maryland. (i) Maryland is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Maryland Department of the Environment, dated November 3, 1999, and any mutually acceptable amendments to that agreement.
              (ii) Maryland is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the Maryland Department of the Environment and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.
              (iii) EPA has granted the Maryland Department of the Environment (MDE) “up-front” approval to implement an Equivalency by Permit (EBP) program under which the MDE may establish and enforce alternative State requirements for MeadWestvaco Company's Luke Mill in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills found at 40 CFR part 63, subpart MM. The MDE may only establish alternative requirements for the Luke Mill which are equivalent to and at least as stringent as the otherwise applicable Federal requirements. The MDE must, in order to establish alternative requirements for the Luke Mill under its EPA approved EBP program: submit to EPA for review pre-draft Clean Air Act (CAA) Title V permit terms specifying alternative requirements which are at least as stringent as the otherwise applicable Federal requirements, obtain EPA's written approval of the alternative pre-draft CAA Title V permit requirements, and issue a CAA Title V permit for the Luke Mill which contains the approved alternative requirements. Until EPA has approved the alternative permit terms and conditions and the MDE has issued a final CAA Title V permit incorporating them, MeadWestvaco Company's Luke Mill will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart MM.
              (22) Massachusetts.
              (i) [Reserved]
              (ii) Affected area sources within Massachusetts must comply with the Massachusetts Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in § 63.14) as described in paragraph (a)(22)(ii)(A) of this section:
              (A) The material incorporated into the Massachusetts Department of Environmental Protection regulations at 310 CMR 7.26(10)-(16), Air Pollution Control, effective as of September 5, 2008, corrected March 6, 2009, and 310 CMR 70.00, Environmental Results Program Certification, effective as of December 28, 2007, pertaining to dry cleaning facilities in the Commonwealth of Massachusetts jurisdiction, and approved under the procedures in § 63.93 to be implemented and enforced in place of the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008, for area sources only, as defined in § 63.320(h).
              (1) Authorities not delegated.
              (i) Massachusetts is not delegated the Administrator's authority to implement and enforce Massachusetts regulations at 310 CMR 7.26(10)-(16) and 310 CMR 70.00, in lieu of those provisions of subpart M of this part which apply to major sources, as defined in § 63.320(g).
              (ii) Massachusetts is not delegated the Administrator's authority to implement and enforce Massachusetts regulations at 310 CMR 7.26(10)-(16) and 310 CMR 70.00, in lieu of those provisions of subpart M of this part which apply to dry cleaning systems installed in a building with a residence between December 21, 2005 and July 13, 2006, as defined in §§ 63.320(b)(2)(ii) and 63.322(o)(5)(i)-(ii).

              (B) [Reserved]
              (23)-(24) [Reserved]
              (25) Mississippi. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Mississippi Department of Environmental Quality (MDEQ) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

                Part 63 Major & Area Source Rule Delegations—Mississippi 1

                  Source category
                  Subpart
                  MDEQ

                  1
                  HON
                  F, G, H, I
                  X

                  2
                  Polyvinyl Chloride & Co-polymers VACATED on 5/11/05
                  J

                  3
                  Coke Ovens
                  L
                  X

                  4
                  Dry Cleaners
                  M
                  X

                  5
                  Chromium Electroplating
                  N
                  X

                  6
                  EtO Commercial Sterilization
                  O
                  X

                  7
                  Chromium Cooling Towers
                  Q
                  X

                  8
                  Gasoline Distribution (stage 1)
                  R
                  X

                  9
                  Pulp & Paper I
                  S
                  X

                  10
                  Halogenated Solvent Cleaning
                  T
                  X

                  11
                  Polymer & Resins 1
                  U
                  X

                  12
                  Polymer & Resins 2
                  W
                  X

                  13
                  Secondary Lead Smelters
                  X
                  X

                  14
                  Marine Tank Vessel Loading
                  Y
                  X

                  15
                  Phosphoric Acid Mfg
                  AA
                  X

                  16
                  Phosphate Fertilizers Prod
                  BB
                  X

                  17
                  Petroleum Refineries
                  CC
                  X

                  18
                  Offsite Waste & Recovery
                  DD
                  X

                  Tanks; Level 1
                  OO
                  X

                  Containers
                  PP
                  X

                  Surface Impoundments
                  QQ
                  X

                  Drain Systems
                  RR
                  X

                  Oil-Water Separators
                  VV
                  X

                  19
                  Magnetic Tape
                  EE
                  X

                  20
                  Aerospace Industry
                  GG
                  X

                  21
                  Oil & Natural Gas Prod
                  HH
                  X

                  Area Source Requirements >>.

                  22
                  Shipbuilding and Repair
                  II
                  X

                  23
                  Wood Furniture Mfg
                  JJ
                  X

                  24
                  Printing & Publishing
                  KK
                  X

                  25
                  Primary Aluminum
                  LL
                  X

                  26
                  Pulp & Paper II (Combustion sources)
                  MM
                  X

                  27
                  Generic MACT:

                  Control Devices
                  SS
                  X

                  Eq. Leaks—Level 1
                  TT
                  X

                  Eq. Leaks—Level 2
                  UU
                  X

                  Tanks—Level 2
                  WW
                  X

                  28
                  Generic MACT:

                  Ethylene Mfg
                  XX & YY
                  X

                  Carbon Black
                  YY
                  X

                  Spandex Prod
                  YY
                  X

                  Cyanide Chemical Mfg
                  YY
                  X

                  Acetal Resins
                  YY
                  X

                  Acrylic/Modacrylic Fibers
                  YY
                  X

                  Hydrogen Fluoride Prod
                  YY
                  X

                  Polycarbonates Prod
                  YY
                  X

                  29
                  Steel Pickeling
                  CCC
                  X

                  30
                  Mineral Wool Prod
                  DDD
                  X

                  31
                  Hazardous Waste Combustion (Phase I)
                  EEE
                  X

                  32
                  Boilers that burn Haz. Waste (Phase II)
                  EEE
                  X

                  33
                  HCL Prod. Furnaces burning Haz. Waste (P II)
                  EEE
                  X

                  34
                  Pharmaceutical Prod
                  GGG
                  X

                  35
                  Nat. Gas Transmission & Storage
                  HHH
                  X

                  36
                  Flexible Polyurethane Foam Prod
                  III
                  X

                  37
                  Polymer & Resins 4
                  JJJ
                  X

                  38
                  Portland Cement
                  LLL
                  X

                  39
                  Pesticide Active Ingredients
                  MMM
                  X

                  40
                  Wool Fiberglass
                  NNN
                  X

                  41
                  Polymer & Resins 3 (Amino & Phenolic)
                  OOO
                  X

                  42
                  Polyether Polyols Prod
                  PPP
                  X

                  43
                  Primary Copper
                  QQQ
                  X

                  44
                  Secondary Aluminum Prod
                  RRR
                  X

                  45
                  Primary Lead Smelting
                  TTT
                  X

                  46
                  Petro Refineries (FCC units)
                  UUU
                  X

                  47
                  POTW
                  VVV
                  X

                  48
                  Ferroalloys
                  XXX
                  X

                  49
                  Municipal Landfills
                  AAAA
                  X

                  50
                  Nutritional Yeast
                  CCCC
                  X

                  51
                  Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)
                  DDDD
                  X

                  52
                  Organic Liquids Distribution (non-gas)
                  EEEE
                  X

                  53
                  Misc. Organic NESHAP
                  FFFF
                  X

                  54
                  Vegetable Oil
                  GGGG
                  X

                  55
                  Wet Formed Fiberglass
                  HHHH
                  X

                  56
                  Auto & Light Duty Truck (coating)
                  IIII
                  X

                  57
                  Paper & Other Webs
                  JJJJ
                  X

                  58
                  Metal Can (coating)
                  KKKK
                  X

                  59
                  Misc. Metal Parts (coating)
                  MMMM
                  X

                  60
                  Large Appliances (coating)
                  NNNN
                  X

                  61
                  Printing, Coating, & Dyeing Fabrics
                  OOOO
                  X

                  62
                  Plastic Parts & Products (coating)
                  PPPP
                  X

                  63
                  Wood Building Products
                  QQQQ
                  X

                  64
                  Metal Furniture (coating)
                  RRRR
                  X

                  65
                  Metal Coil (coating)
                  SSSS
                  X

                  66
                  Leather Tanning & Finishing
                  TTTT
                  X

                  67
                  Cellulose Ethers Prod. Misc. Viscose Processes
                  UUUU
                  X

                  68
                  Boat Manufacturing
                  VVVV
                  X

                  69
                  Reinforced Plastic Composites
                  WWWW
                  X

                  70
                  Rubber Tire Mfg
                  XXXX
                  X

                  71
                  Stationary Combustion Turbines
                  YYYY
                  X

                  72
                  Reciprocating Int. Combustion Engines
                  ZZZZ
                  X

                  Area Source Requirements >>.

                  73
                  Lime Manufacturing
                  AAAAA
                  X

                  74
                  Semiconductor Production
                  BBBBB
                  X

                  75
                  Coke Ovens: (Push/Quench/Battery/Stacks)
                  CCCCC
                  X

                  76
                  Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07
                  DDDDD

                  77
                  Iron Foundries
                  EEEEE
                  X

                  78
                  Integrated Iron & Steel
                  FFFFF
                  X

                  79
                  Site Remediation
                  GGGGG
                  X

                  80
                  Misc. Coating Manufacturing
                  HHHHH
                  X

                  81
                  Mercury Cell Chlor-Alkali
                  IIIII
                  X

                  82
                  Brick & Structural Clay Products, VACATED on 6/18/07
                  JJJJJ

                  83
                  Clay Ceramics Manufacturing, VACATED on 6/18/07
                  KKKKK

                  84
                  Asphalt Roofing & Processing
                  LLLLL
                  X

                  85
                  Flex. Polyurethane Foam Fabrication
                  MMMMM
                  X

                  86
                  Hydrochloric Acid Prod/Fumed Silica
                  NNNNN
                  X

                  87
                  Engine & Rocket Test Facilities
                  PPPPP
                  X

                  88
                  Friction Materials Manufacturing
                  QQQQQ
                  X

                  89
                  Taconite Iron Ore
                  RRRRR
                  X

                  90
                  Refactories
                  SSSSS
                  X

                  91
                  Primary Magnesium
                  TTTTT
                  X

                    Area Source Rules

                  92
                  Hospital Sterilizers
                  WWWWW
                  X

                  93
                  Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces
                  YYYYY
                  X

                  94
                  Iron & Steel foundries
                  ZZZZZ
                  X

                  95
                  Gasoline Distribution—Bulk
                  BBBBBB
                  X

                  96
                  Gasoline Dispensing Facilities
                  CCCCCC
                  X

                  97
                  PVC & Copolymers Prod.
                  DDDDDD
                  X

                  98
                  Primary Copper
                  EEEEEE
                  X

                  99
                  Secondary Copper Smelting
                  FFFFFF
                  X

                  100
                  Primary Nonferrous Metals
                  GGGGGG
                  X

                  Paint Stripping

                  101
                  Auto-Body Refinishing
                  HHHHHH

                  Plastic Parts & Prod. (coating)

                  102
                  Acrylic/Modacrylic Fibers Prod
                  LLLLLL
                  X

                  103
                  Carbon Black Prod
                  MMMMMM
                  X

                  104
                  Chemical Mfg. Chrom
                  NNNNNN
                  X

                  Flex. Polyurethane Foam Fab

                  105
                  Flex. Polyurethane Foam Prod
                  OOOOOO
                  X

                  106
                  Lead Acid Battery Mfg.
                  PPPPPP
                  X

                  107
                  Wood Preserving
                  QQQQQQ
                  X

                  108
                  Clay Ceramics Mfg
                  RRRRRR
                  X

                  109
                  Glass Mfg
                  SSSSSS
                  X

                  110
                  Secondary Nonferrous Metals
                  TTTTTT
                  X

                  110
                  Plating and Polishing
                  WWWWWW
                  X

                  112
                  Heating Eq. Mfg
                  XXXXXX
                  X

                  Industrial Mach. & Eq. Finishing

                  Elect. & Electronics Eq. Finishing

                  Fabricated Metal Prod

                  Fabricated Plate Work (Boiler Shop)

                  Fabricated Structural Metal Mfg

                  Iron and Steel Forging

                  Primary Metals Prod. Mfg

                  Valves and Pipe Fittings Mfg

                  113
                  Ferroalloys ProductionFerro/Silico Manganese

                  YYYYYY

                  1 State program approved on December 28, 1994. Delegation table last updated on November 3, 2008.

              (ii) [Reserved]
              (26)-(28) [Reserved]
              (29) Nevada. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the air pollution control agencies in the State of Nevada. The (X) symbol is used to indicate each category that has been delegated.

                Table 11 to Paragraph (a)(29)(i)—Delegation Status for Part 63 Standards—Nevada

                  Subpart
                  Description
                  NDEP 1

                  Washoe 2

                  Clark 3

                  A
                  General Provisions
                  X
                  X
                  X

                  F
                  Synthetic Organic Chemical Manufacturing Industry
                  X

                  X

                  G
                  Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater
                  X

                  X

                  H
                  Organic Hazardous Air Pollutants: Equipment Leaks
                  X

                  X

                  I
                  Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks
                  X

                  X

                  J
                  Polyvinyl Chloride and Copolymers Production
                  X

                  X

                  L
                  Coke Oven Batteries
                  X

                  X

                  M
                  Perchloroethylene Dry Cleaning
                  X
                  X
                  X

                  N
                  Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks
                  X
                  X
                  X

                  O
                  Ethylene Oxide Sterilization Facilities
                  X
                  X
                  X

                  Q
                  Industrial Process Cooling Towers
                  X

                  X

                  R
                  Gasoline Distribution Facilities
                  X
                  X
                  X

                  S
                  Pulp and Paper
                  X

                  X

                  T
                  Halogenated Solvent Cleaning
                  X
                  X
                  X

                  U
                  Group I Polymers and Resins
                  X

                  X

                  W
                  Epoxy Resins Production and Non-Nylon Polyamides Production
                  X

                  X

                  X
                  Secondary Lead Smelting
                  X

                  X

                  Y
                  Marine Tank Vessel Loading Operations
                  X

                  AA
                  Phosphoric Acid Manufacturing Plants

                  X

                  BB
                  Phosphate Fertilizers Production Plants

                  X

                  CC
                  Petroleum Refineries
                  X

                  X

                  DD
                  Off-Site Waste and Recovery Operations

                  X

                  EE
                  Magnetic Tape Manufacturing Operations
                  X

                  X

                  GG
                  Aerospace Manufacturing and Rework Facilities

                  X

                  HH
                  Oil and Natural Gas Production Facilities
                  X

                  X

                  II
                  Shipbuilding and Ship Repair (Surface Coating)
                  X

                  X

                  JJ
                  Wood Furniture Manufacturing Operations
                  X

                  X

                  KK
                  Printing and Publishing Industry
                  X
                  X
                  X

                  LL
                  Primary Aluminum Reduction Plants

                  X

                  MM
                  Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills

                  X

                  OO
                  Tanks—Level 1
                  X

                  X

                  PP
                  Containers
                  X

                  X

                  QQ
                  Surface Impoundments
                  X

                  X

                  RR
                  Individual Drain Systems
                  X

                  X

                  SS
                  Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
                  X

                  X

                  TT
                  Equipment Leaks—Control Level 1
                  X

                  X

                  UU
                  Equipment Leaks—Control Level 2
                  X

                  X

                  VV
                  Oil-Water Separators and Organic-Water Separators
                  X

                  X

                  WW
                  Storage Vessels (Tanks)—Control Level 2
                  X

                  X

                  XX
                  Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations
                  X

                  X

                  YY
                  Generic MACT Standards
                  X

                  X

                  CCC
                  Steel Pickling
                  X

                  X

                  DDD
                  Mineral Wool Production

                  X

                  EEE
                  Hazardous Waste Combustors
                  X

                  X

                  GGG
                  Pharmaceuticals Production
                  X

                  X

                  HHH
                  Natural Gas Transmission and Storage Facilities
                  X

                  X

                  III
                  Flexible Polyurethane Foam Production
                  X

                  X

                  JJJ
                  Group IV Polymers and Resins
                  X

                  X

                  LLL
                  Portland Cement Manufacturing Industry
                  X

                  X

                  MMM
                  Pesticide Active Ingredient Production
                  X

                  X

                  NNN
                  Wool Fiberglass Manufacturing

                  X

                  OOO
                  Manufacture of Amino/Phenolic Resins
                  X

                  X

                  PPP
                  Polyether Polyols Production
                  X

                  X

                  QQQ
                  Primary Copper Smelting
                  X

                  X

                  RRR
                  Secondary Aluminum Production

                  X

                  TTT
                  Primary Lead Smelting
                  X

                  X

                  UUU
                  Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units
                  X

                  X

                  VVV
                  Publicly Owned Treatment Works
                  X
                  X
                  X

                  XXX
                  Ferroalloys Production

                  X

                  AAAA
                  Municipal Solid Waste Landfills
                  X

                  X

                  CCCC
                  Manufacturing of Nutritional Yeast

                  X

                  DDDD
                  Plywood and Composite Wood Products
                  X

                  X

                  EEEE
                  Organic Liquids Distribution (non-gasoline)
                  X
                  X
                  X

                  FFFF
                  Miscellaneous Organic Chemical Manufacturing
                  X

                  X

                  GGGG
                  Solvent Extraction for Vegetable Oil Production
                  X

                  X

                  HHHH
                  Wet-Formed Fiberglass Mat Production
                  X

                  X

                  IIII
                  Surface Coating of Automobiles and Light-Duty Trucks
                  X

                  X

                  JJJJ
                  Paper and Other Web Coating
                  X

                  X

                  KKKK
                  Surface Coating of Metal Cans
                  X

                  X

                  MMMM
                  Miscellaneous Metal Parts and Products
                  X

                  X

                  NNNN
                  Large Appliances
                  X

                  X

                  OOOO
                  Printing, Coating, and Dyeing of Fabrics and Other Textiles
                  X

                  X

                  PPPP
                  Surface Coating of Plastic Parts and Products
                  X

                  X

                  QQQQ
                  Wood Building Products
                  X

                  X

                  RRRR
                  Surface Coating of Metal Furniture
                  X

                  X

                  SSSS
                  Surface Coating of Metal Coil
                  X

                  X

                  TTTT
                  Leather Finishing Operations
                  X

                  X

                  UUUU
                  Cellulose Products Manufacturing
                  X

                  X

                  VVVV
                  Boat Manufacturing
                  X

                  X

                  WWWW
                  Reinforced Plastics Composites Production
                  X
                  X
                  X

                  XXXX
                  Tire Manufacturing
                  X

                  X

                  YYYY
                  Stationary Combustion Turbines
                  X

                  X

                  ZZZZ
                  Stationary Reciprocating Internal Combustion Engines
                  X
                  X
                  X

                  AAAAA
                  Lime Manufacturing Plants
                  X

                  X

                  BBBBB
                  Semiconductor Manufacturing
                  X

                  X

                  CCCCC
                  Coke Oven: Pushing, Quenching and Battery Stacks
                  X

                  X

                  DDDDD
                  Industrial, Commercial, and Institutional Boiler and Process Heaters
                  X

                  X

                  EEEEE
                  Iron and Steel Foundries
                  X

                  X

                  FFFFF
                  Integrated Iron and Steel
                  X

                  X

                  GGGGG
                  Site Remediation
                  X

                  X

                  HHHHH
                  Miscellaneous Coating Manufacturing
                  X

                  X

                  IIIII
                  Mercury Emissions from Mercury Cell Chlor-Alkali Plants

                  X

                  JJJJJ
                  Brick and Structural Clay Products Manufacturing
                  X

                  X

                  KKKKK
                  Clay Ceramics Manufacturing
                  X

                  X

                  LLLLL
                  Asphalt Roofing and Processing
                  X

                  X

                  MMMMM
                  Flexible Polyurethane Foam Fabrication Operation
                  X

                  X

                  NNNNN
                  Hydrochloric Acid Production
                  X

                  X

                  PPPPP
                  Engine Test Cells/Stands
                  X

                  X

                  QQQQQ
                  Friction Products Manufacturing
                  X

                  X

                  RRRRR
                  Taconite Iron Ore Processing

                  X

                  SSSSS
                  Refractory Products Manufacturing
                  X

                  X

                  TTTTT
                  Primary Magnesium Refining

                  X

                  UUUUU
                  Coal and Oil-Fired Electric Utility Steam Generating Units
                  X

                  WWWWW
                  Hospital Ethylene Oxide Sterilizers
                  X
                  X
                  X

                  YYYYY
                  Electric Arc Furnace Steelmaking Facilities (area sources)

                  X

                  ZZZZZ
                  Iron and Steel Foundries Area Sources
                  X

                  X

                  BBBBBB
                  Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline Facilities
                  X
                  X
                  X

                  CCCCCC
                  Gasoline Dispensing Facilities
                  X
                  X
                  X

                  DDDDDD
                  Polyvinyl Chloride and Copolymers Production Area Sources
                  X

                  X

                  EEEEEE
                  Primary Copper Smelting Area Sources
                  X

                  X

                  FFFFFF
                  Secondary Copper Smelting Area Sources
                  X

                  X

                  GGGGGG
                  Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium
                  X

                  X

                  HHHHHH
                  Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
                  X
                  X
                  X

                  JJJJJJ
                  Industrial, Commercial, and Institutional Boilers and Process Heaters—Area Sources
                  X

                  LLLLLL
                  Acrylic and Modacrylic Fibers Production Area Sources
                  X

                  X

                  MMMMMM
                  Carbon Black Production Area Sources
                  X

                  X

                  NNNNNN
                  Chemical Manufacturing Area Sources: Chromium Compounds
                  X

                  X

                  OOOOOO
                  Flexible Polyurethane Foam Production and Fabrication Area Sources
                  X
                  X
                  X

                  PPPPPP
                  Lead Acid Battery Manufacturing Area Sources
                  X

                  X

                  QQQQQQ
                  Wood Preserving Area Sources
                  X

                  X

                  RRRRRR
                  Clay Ceramics Manufacturing Area Sources
                  X

                  X

                  SSSSSS
                  Glass Manufacturing Area Sources
                  X

                  X

                  TTTTTT
                  Secondary Nonferrous Metals Processing Area Sources
                  X

                  X

                  VVVVVV
                  Chemical Manufacturing Industry—Area Sources
                  X

                  X

                  WWWWWW
                  Area Source Standards for Plating and Polishing Operations
                  X
                  X
                  X

                  XXXXXX
                  Area Source Standards for Nine Metal Fabrication and Finishing Source Categories
                  X
                  X
                  X

                  YYYYYY
                  Area Sources: Ferroalloys Production Facilities

                  X

                  ZZZZZZ
                  Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries
                  X

                  X

                  AAAAAAA
                  Asphalt Processing and Asphalt Roofing Manufacturing—Area Sources
                  X

                  X

                  BBBBBBB
                  Chemical Preparations Industry—Area Sources
                  X

                  X

                  CCCCCCC
                  Paint and Allied Products Manufacturing—Area Sources
                  X

                  X

                  DDDDDDD
                  Prepared Feeds Manufacturing—Area Sources

                  X

                  EEEEEEE
                  Gold Mine Ore Processing and Production—Area Sources
                  X

                  X

                  1 Nevada Division of Environmental Protection.

                  2 Washoe County District Health Department, Air Quality Management Division.

                  3 Clark County, Department of Air Quality.

              (ii) [Reserved]
              (30) New Hampshire. (i) New Hampshire is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards in accordance with the delegation procedures in Attachment II of the delegation request letter dated May 9, 2002 submitted by NH DES to EPA and any mutually acceptable amendments to those delegation procedures.
              (ii) New Hampshire Department of Environmental Services (NH DES) may implement and enforce alternative requirements in the form of title V permit terms and conditions for Groveton Paper Board Inc. of Groveton, NH and Pulp & Paper of America, LLC of Berlin, NH for subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry and subpart MM—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone Semi-chemical Pulp Mills. This action is contingent upon NH DES including, in title V permits, terms and conditions that are no less stringent than the Federal standard and have been approved by EPA. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.
              (iii) Affected inactive waste disposal sites not operated after July 9, 1981 within New Hampshire must comply with New Hampshire Regulations Chapter Env-Sw 2100: Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, effective February 16, 2010 (incorporated by reference, see §  63.14) as described in paragraph (a)(30)(iii)(A) of this section:
              (A) The material incorporated by reference from Chapter Env-Sw 2100, Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, pertains to inactive waste disposal sites not operated after July 9, 1981 in the State of New Hampshire's jurisdiction, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of the Federal NESHAPs for Inactive Waste Disposal Sites (40 CFR 61.151).
              (B) [Reserved]
              (iv) Affected asbestos facilities (i.e., facilities found under 40 CFR part 61, subpart M, except those listed under paragraph (a)(30)(iii)) of this section) must comply with the New Hampshire Code of Administrative Rules, Chapter Env-A 1800, Asbestos Management and Control, effective as of May 5, 2017 (incorporated by reference as specified in § 63.14) as described in paragraph (a)(30)(iv)(A) of this section:
              (A) The material incorporated by reference from Chapter Env-A 1800, Asbestos Management and Control, pertains to those affected sources in the State of New Hampshire's jurisdiction, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of the federal NESHAPs found at 40 CFR part 61, subpart M (except those listed under paragraph (a)(30)(iii) of this section).
              (B) [Reserved]
              (31) New Jersey. (i) Affected sources must comply with the Toxic Catastrophe Prevention Act Program (TCPA), (July 20, 1998), (incorporated by reference as specified in § 63.14) as described in paragraph (a)(31)(i)(A) of this section:
              (A) Except for authorities identified as not being delegated, the regulations incorporated in New Jersey's “Toxic Catastrophe Prevention Act Program,” Title 7, Chapter 31, of the New Jersey Administrative Code: Subchapter 1, “General Provisions” (sections 1.1 to 1.10 except for the definition of “What if Checklist”), Subchapter 2, “Hazard Assessment,” Subchapter 3, “Minimum Requirements for a Program 2 TCPA Risk Management Program,” Subchapter 4, “Minimum Requirements for a Program 3 TCPA Risk Management Program,” Subchapter 5, “Emergency Response,” Subchapter 6, “Extraordinarily Hazardous Substances,” Subchapter 7, “Risk Management Plan and TCPA Submission,” and Subchapter 8, “Other Federal Requirements,” (effective July 20, 1998), pertain to the sources affected by 40 CFR part 68 and have been approved under the procedures in §§ 63.91, 63.93 and 63.95 to be implemented and enforced in place of 40 CFR part 68, Subparts A through H, as may be amended.
              (1) Authorities not delegated:

              (i) The New Jersey Department of Environmental Protection is not delegated the Administrator's authority to implement and enforce New Jersey's Toxic Catastrophe Prevention Act Program, Title 7, Chapter 31, of the New Jersey Administrative Code, in lieu of the provisions of 40 CFR part 68 as they apply to the regulation of processes that are covered only because they contain regulated quantities of liquid petroleum gases (LPG) regulated under the New Jersey Liquified Petroleum Gas Act of 1950 (N.J.S.A. 21:1B),
              (ii) Pursuant to § 63.90(c) the New Jersey Department of Environmental Protection is not delegated the Administrator's authority to add or delete substances from the list of substances established under section 112(r) and set forth in 40 CFR 68.130.
              (32) New Mexico.

              (i) The following table lists the specific part 63 standards that have been delegated unchanged to the New Mexico Environment Department for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law and regulations. Some authorities cannot be delegated and are retained by the EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after January 15, 2017 are not delegated.

                Delegation Status for Part 63 Standards—State of New Mexico
                [Excluding Indian Country]

                  Subpart
                  Source category
                  NMED 1 2

                  ABCAQCB 1 3

                  A
                  General Provisions
                  X
                  X

                  D
                  Early Reductions
                  X
                  X

                  F
                  Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)
                  X
                  X

                  G
                  HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater
                  X
                  X

                  H
                  HON—Equipment Leaks
                  X
                  X

                  I
                  HON—Certain Processes Negotiated Equipment Leak Regulation
                  X
                  X

                  J
                  Polyvinyl Chloride and Copolymers Production

                    (4)

                    (4)

                  K
                  (Reserved)

                  L
                  Coke Oven Batteries
                  X
                  X

                  M
                  Perchloroethylene Dry Cleaning
                  X
                  X

                  N
                  Chromium Electroplating and Chromium Anodizing Tanks
                  X
                  X

                  O
                  Ethylene Oxide Sterilizers
                  X
                  X

                  P
                  (Reserved)

                  Q
                  Industrial Process Cooling Towers
                  X
                  X

                  R
                  Gasoline Distribution
                  X
                  X

                  S
                  Pulp and Paper Industry
                  X
                  X

                  T
                  Halogenated Solvent Cleaning
                  X
                  X

                  U
                  Group I Polymers and Resins
                  X
                  X

                  V
                  (Reserved)

                  W
                  Epoxy Resins Production and Non-Nylon Polyamides Production
                  X
                  X

                  X
                  Secondary Lead Smelting
                  X
                  X

                  Y
                  Marine Tank Vessel Loading
                  X
                  X

                  Z
                  (Reserved)

                  AA
                  Phosphoric Acid Manufacturing Plants
                  X
                  X

                  BB
                  Phosphate Fertilizers Production Plants
                  X
                  X

                  CC
                  Petroleum Refineries
                  X
                  X

                  DD
                  Off-Site Waste and Recovery Operations
                  X
                  X

                  EE
                  Magnetic Tape Manufacturing
                  X
                  X

                  FF
                  (Reserved)

                  GG
                  Aerospace Manufacturing and Rework Facilities
                  X
                  X

                  HH
                  Oil and Natural Gas Production Facilities
                  X
                  X

                  II
                  Shipbuilding and Ship Repair Facilities
                  X
                  X

                  JJ
                  Wood Furniture Manufacturing Operations
                  X
                  X

                  KK
                  Printing and Publishing Industry
                  X
                  X

                  LL
                  Primary Aluminum Reduction Plants
                  X
                  X

                  MM
                  Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills
                  X
                  X

                  NN
                  Wool Fiberglass Manufacturing Area Sources
                  X

                  OO
                  Tanks-Level 1
                  X
                  X

                  PP
                  Containers
                  X
                  X

                  QQ
                  Surface Impoundments
                  X
                  X

                  RR
                  Individual Drain Systems
                  X
                  X

                  SS
                  Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
                  X
                  X

                  TT
                  Equipment Leaks—Control Level 1
                  X
                  X

                  UU
                  Equipment Leaks—Control Level 2 Standards
                  X
                  X

                  VV
                  Oil—Water Separators and Organic—Water Separators
                  X
                  X

                  WW
                  Storage Vessels (Tanks)—Control Level 2
                  X
                  X

                  XX
                  Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations
                  X
                  X

                  YY
                  Generic Maximum Achievable Control Technology Standards
                  X
                  X

                  ZZ-BBB
                  (Reserved)

                  CCC
                  Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration
                  X
                  X

                  DDD
                  Mineral Wool Production
                  X
                  X

                  EEE
                  Hazardous Waste Combustors
                  X
                  X

                  FFF
                  (Reserved)

                  GGG
                  Pharmaceuticals Production
                  X
                  X

                  HHH
                  Natural Gas Transmission and Storage Facilities
                  X
                  X

                  III
                  Flexible Polyurethane Foam Production
                  X
                  X

                  JJJ
                  Group IV Polymers and Resins
                  X
                  X

                  KKK
                  (Reserved)

                  LLL
                  Portland Cement Manufacturing
                  X
                  X

                  MMM
                  Pesticide Active Ingredient Production
                  X
                  X

                  NNN
                  Wool Fiberglass Manufacturing
                  X
                  X

                  OOO
                  Amino/Phenolic Resins
                  X
                  X

                  PPP
                  Polyether Polyols Production
                  X
                  X

                  QQQ
                  Primary Copper Smelting
                  X
                  X

                  RRR
                  Secondary Aluminum Production
                  X
                  X

                  SSS
                  (Reserved)

                  TTT
                  Primary Lead Smelting
                  X
                  X

                  UUU
                  Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants
                  X
                  X

                  VVV
                  Publicly Owned Treatment Works (POTW)
                  X
                  X

                  WWW
                  (Reserved)

                  XXX
                  Ferroalloys Production: Ferromanganese and Silicomanganese
                  X
                  X

                  AAAA
                  Municipal Solid Waste Landfills
                  X
                  X

                  CCCC
                  Nutritional Yeast Manufacturing
                  X
                  X

                  DDDD
                  Plywood and Composite Wood Products
                  X 5

                  X 5

                  EEEE
                  Organic Liquids Distribution
                  X
                  X

                  FFFF
                  Misc. Organic Chemical Production and Processes (MON)
                  X
                  X

                  GGGG
                  Solvent Extraction for Vegetable Oil Production
                  X
                  X

                  HHHH
                  Wet Formed Fiberglass Mat Production
                  X
                  X

                  IIII
                  Auto and Light Duty Truck (Surface Coating)
                  X
                  X

                  JJJJ
                  Paper and other Web (Surface Coating)
                  X
                  X

                  KKKK
                  Metal Can (Surface Coating)
                  X
                  X

                  MMMM
                  Misc. Metal Parts and Products (Surface Coating)
                  X
                  X

                  NNNN
                  Surface Coating of Large Appliances
                  X
                  X

                  OOOO
                  Fabric Printing Coating and Dyeing
                  X
                  X

                  PPPP
                  Plastic Parts (Surface Coating)
                  X
                  X

                  QQQQ
                  Surface Coating of Wood Building Products
                  X
                  X

                  RRRR
                  Surface Coating of Metal Furniture
                  X
                  X

                  SSSS
                  Surface Coating for Metal Coil
                  X
                  X

                  TTTT
                  Leather Finishing Operations
                  X
                  X

                  UUUU
                  Cellulose Production Manufacture
                  X
                  X

                  VVVV
                  Boat Manufacturing
                  X
                  X

                  WWWW
                  Reinforced Plastic Composites Production
                  X
                  X

                  XXXX
                  Rubber Tire Manufacturing
                  X
                  X

                  YYYY
                  Combustion Turbines
                  X
                  X

                  ZZZZ
                  Reciprocating Internal Combustion Engines (RICE)
                  X
                  X

                  AAAAA
                  Lime Manufacturing Plants
                  X
                  X

                  BBBBB
                  Semiconductor Manufacturing
                  X
                  X

                  CCCCC
                  Coke Ovens: Pushing, Quenching and Battery Stacks
                  X
                  X

                  DDDDD
                  Industrial/Commercial/Institutional Boilers and Process Heaters
                  X 6

                  X 6

                  EEEEE
                  Iron Foundries
                  X
                  X

                  FFFFF
                  Integrated Iron and Steel
                  X
                  X

                  GGGGG
                  Site Remediation
                  X
                  X

                  HHHHH
                  Miscellaneous Coating Manufacturing
                  X
                  X

                  IIIII
                  Mercury Cell Chlor-Alkali Plants
                  X
                  X

                  JJJJJ
                  Brick and Structural Clay Products Manufacturing
                  X 7

                    (7)

                  KKKKK
                  Clay Ceramics Manufacturing
                  X 7

                    (7)

                  LLLLL
                  Asphalt Roofing and Processing
                  X
                  X

                  MMMMM
                  Flexible Polyurethane Foam Fabrication Operation
                  X
                  X

                  NNNNN
                  Hydrochloric Acid Production, Fumed Silica Production
                  X
                  X

                  OOOOO
                  (Reserved)

                  PPPPP
                  Engine Test Facilities
                  X
                  X

                  QQQQQ
                  Friction Products Manufacturing
                  X
                  X

                  RRRRR
                  Taconite Iron Ore Processing
                  X
                  X

                  SSSSS
                  Refractory Products Manufacture
                  X
                  X

                  TTTTT
                  Primary Magnesium Refining
                  X
                  X

                  UUUUU
                  Coal and Oil-Fired Electric Utility Steam Generating Units
                  X 8

                  X 8

                  VVVVV
                  (Reserved)

                  WWWWW
                  Hospital Ethylene Oxide Sterilizers
                  X
                  X

                  XXXXX
                  (Reserved)

                  YYYYY
                  Electric Arc Furnace Steelmaking Area Sources
                  X
                  X

                  ZZZZZ
                  Iron and Steel Foundries Area Sources
                  X
                  X

                  AAAAAA
                  (Reserved)

                  BBBBBB
                  Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
                  X
                  X

                  CCCCCC
                  Gasoline Dispensing Facilities
                  X
                  X

                  DDDDDD
                  Polyvinyl Chloride and Copolymers Production Area Sources
                  X
                  X

                  EEEEEE
                  Primary Copper Smelting Area Sources
                  X
                  X

                  FFFFFF
                  Secondary Copper Smelting Area Sources
                  X
                  X

                  GGGGGG
                  Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium
                  X
                  X

                  HHHHHH
                  Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
                  X
                  X

                  IIIIII
                  (Reserved)

                  JJJJJJ
                  Industrial, Commercial, and Institutional Boilers Area Sources
                  X
                  X

                  KKKKKK
                  (Reserved)

                  LLLLLL
                  Acrylic and Modacrylic Fibers Production Area Sources
                  X
                  X

                  MMMMMM
                  Carbon Black Production Area Sources
                  X
                  X

                  NNNNNN
                  Chemical Manufacturing Area Sources: Chromium Compounds
                  X
                  X

                  OOOOOO
                  Flexible Polyurethane Foam Production and Fabrication Area Sources
                  X
                  X

                  PPPPPP
                  Lead Acid Battery Manufacturing Area Sources
                  X
                  X

                  QQQQQQ
                  Wood Preserving Area Sources
                  X
                  X

                  RRRRRR
                  Clay Ceramics Manufacturing Area Sources
                  X
                  X

                  SSSSSS
                  Glass Manufacturing Area Sources
                  X
                  X

                  TTTTTT
                  Secondary Nonferrous Metals Processing Area Sources
                  X
                  X

                  UUUUUU
                  (Reserved)

                  VVVVVV
                  Chemical Manufacturing Area Sources
                  X
                  X

                  WWWWWW
                  Plating and Polishing Operations Area Sources
                  X
                  X

                  XXXXXX
                  Metal Fabrication and Finishing Area Sources
                  X
                  X

                  YYYYYY
                  Ferroalloys Production Facilities Area Sources
                  X
                  X

                  ZZZZZZ
                  Aluminum, Copper, and Other Nonferrous Foundries Area Sources
                  X
                  X

                  AAAAAAA
                  Asphalt Processing and Asphalt Roofing Manufacturing Area Sources
                  X
                  X

                  BBBBBBB
                  Chemical Preparation Industry Area Sources
                  X
                  X

                  CCCCCCC
                  Paints and Allied Products Manufacturing Area Sources
                  X
                  X

                  DDDDDDD
                  Prepared Feeds Areas Sources
                  X
                  X

                  EEEEEEE
                  Gold Mine Ore Processing and Production Area Sources
                  X
                  X

                  FFFFFFF—GGGGGGG
                  (Reserved)

                  HHHHHHH
                  Polyvinyl Chloride and Copolymers Production Major Sources
                  X
                  X

                  1 Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under “Delegation of Authority”) that cannot be delegated.

                  2 Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as amended in the Federal Register through January 15, 2017.

                  3 Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by the EPA, as amended in the Federal Register through September 13, 2013.

                  4 The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to the EPA by the United States Court of Appeals for the District of Columbia Circuit. See Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is not delegated to NMED or ABCAQCB at this time.

                  5 This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia Circuit. See 72 FR 61060 (October 29, 2007).

                  6 Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November 20, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.

                  7 Final Promulgated Rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.

                  8 Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental Finding that it is appropriate and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016). Note that the ABCAQCB has not yet applied for updated delegation of these standards.

              (ii)[Reserved]
              (33) [Reserved]

              (34) North Carolina. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the North Carolina Department of Environment and Natural Resources (NCDENR) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

                Part 63 Major & Area Source Rule Delegations—North Carolina 1

                  Source category
                  Subpart
                  NCDENR
                  FCEAD 2

                  MCDEP 3

                  WNC 4

                  HON
                  F, G, H, I
                  X
                  X
                  X
                  X

                  Polyvinyl Chloride & Co-polymers VACATED on 5/11/05
                  J

                  Coke Ovens
                  L
                  X
                  X
                  X
                  X

                  Dry Cleaners
                  M
                  X
                  X
                  X
                  X

                  Chromium Electroplating
                  N
                  X
                  X
                  X
                  X

                  EtO Commercial Sterilization
                  O
                  X
                  X
                  X
                  X

                  Chromium Cooling Towers
                  Q
                  X
                  X
                  X
                  X

                  Gasoline Distribution (stage 1)
                  R
                  X
                  X
                  X
                  X

                  Pulp & Paper I
                  S
                  X
                  X
                  X
                  X

                  Halogenated Solvent Cleaning
                  T
                  X
                  X
                  X
                  X

                  Polymer & Resins 1
                  U
                  X
                  X
                  X
                  X

                  Polymer & Resins 2
                  W
                  X
                  X
                  X
                  X

                  Secondary Lead Smelters
                  X
                  X
                  X
                  X
                  X

                  Marine Tank Vessel Loading
                  Y
                  X
                  X
                  X
                  X

                  Phosphoric Acid Mfg
                  AA
                  X
                  X
                  X
                  X

                  Phosphate Fertilizers Prod
                  BB
                  X
                  X
                  X
                  X

                  Petroleum Refineries
                  CC
                  X
                  X
                  X
                  X

                  Offsite Waste & Recovery
                  DD
                  X
                  X
                  X
                  X

                  Tanks; Level 1
                  OO
                  X
                  X
                  X
                  X

                  Containers
                  PP
                  X
                  X
                  X
                  X

                  Surface Impoundments
                  QQ
                  X
                  X
                  X
                  X

                  Drain Systems
                  RR
                  X
                  X
                  X
                  X

                  Oil-Water Separators
                  VV
                  X
                  X
                  X
                  X

                  Magnetic Tape
                  EE
                  X
                  X
                  X
                  X

                  Aerospace Industry
                  GG
                  X
                  X
                  X
                  X

                  Oil & Natural Gas Prod
                  HH
                  X
                  X
                  X
                  X

                  Area Source Requirements >>.

                  Shipbuilding and Repair
                  II
                  X
                  X
                  X
                  X

                  Wood Furniture Mfg
                  JJ
                  X
                  X
                  X
                  X

                  Printing & Publishing
                  KK
                  X
                  X
                  X
                  X

                  Primary Aluminum
                  LL
                  X
                  X
                  X
                  X

                  Pulp & Paper II (Combustion sources)
                  MM
                  X
                  X
                  X
                  X

                  Generic MACT

                  Control Devices
                  SS
                  X
                  X
                  X
                  X

                  Eq. Leaks—Level 1
                  TT
                  X
                  X
                  X
                  X

                  Eq. Leaks—Level 2
                  UU
                  X
                  X
                  X
                  X

                  Tanks—Level 2
                  WW
                  X
                  X
                  X
                  X

                  Generic MACT

                  Ethylene Mfg
                  XX & YY
                  X
                  X
                  X
                  X

                  Carbon Black
                  YY
                  X
                  X
                  X
                  X

                  Spandex Prod
                  YY
                  X
                  X
                  X
                  X

                  Cyanide Chemical Mfg
                  YY
                  X
                  X
                  X
                  X

                  Acetal Resins
                  YY
                  X
                  X
                  X
                  X

                  Acrylic/Modacrylic Fibers
                  YY
                  X
                  X
                  X
                  X

                  Hydrogen Fluoride Prod
                  YY
                  X
                  X
                  X
                  X

                  Polycarbonates Prod
                  YY
                  X
                  X
                  X
                  X

                  Steel Pickeling
                  CCC
                  X
                  X
                  X
                  X

                  Mineral Wool Prod
                  DDD
                  X
                  X
                  X
                  X

                  Hazardous Waste Combustion (Phase I)
                  EEE
                  X
                  X
                  X
                  X

                  Boilers that burn Haz. Waste (Phase II)
                  EEE
                  X
                  X
                  X
                  X

                  HCL Prod. Furnaces burning Haz. Waste (P II)
                  EEE
                  X
                  X
                  X
                  X

                  Pharmaceutical Prod
                  GGG
                  X
                  X
                  X
                  X

                  Nat. Gas Transmission & Storage
                  HHH
                  X
                  X
                  X
                  X

                  Flexible Polyurethane Foam Prod
                  III
                  X
                  X
                  X
                  X

                  Polymer & Resins 4
                  JJJ
                  X
                  X
                  X
                  X

                  Portland Cement
                  LLL
                  X
                  X
                  X
                  X

                  Pesticide Active Ingredients
                  MMM
                  X
                  X
                  X
                  X

                  Wool Fiberglass
                  NNN
                  X
                  X
                  X
                  X

                  Polymer & Resins 3 (Amino & Phenolic)
                  OOO
                  X
                  X
                  X
                  X

                  Polyether Polyols Prod
                  PPP
                  X
                  X
                  X
                  X

                  Primary Copper
                  QQQ
                  X
                  X
                  X
                  X

                  Secondary Aluminum Prod
                  RRR
                  X
                  X
                  X
                  X

                  Primary Lead Smelting
                  TTT
                  X
                  X
                  X
                  X

                  Petro Refineries (FCC units)
                  UUU
                  X
                  X
                  X
                  X

                  POTW
                  VVV
                  X
                  X
                  X
                  X

                  Ferroalloys
                  XXX
                  X
                  X
                  X
                  X

                  Municipal Landfills
                  AAAA
                  X
                  X
                  X
                  X

                  Nutritional Yeast
                  CCCC
                  X
                  X
                  X
                  X

                  Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)
                  DDDD
                  X
                  X
                  X
                  X

                  Organic Liquids Distribution (non-gas)
                  EEEE
                  X
                  X
                  X
                  X

                  Misc. Organic NESHAP
                  FFFF
                  X
                  X
                  X
                  X

                  Vegetable Oil
                  GGGG
                  X
                  X
                  X
                  X

                  Wet Formed Fiberglass
                  HHHH
                  X
                  X
                  X
                  X

                  Auto & Light Duty Truck (coating)
                  IIII
                  X
                  X
                  X
                  X

                  Paper & Other Webs
                  JJJJ
                  X
                  X
                  X
                  X

                  Metal Can (coating)
                  KKKK
                  X
                  X
                  X
                  X

                  Misc. Metal Parts (coating)
                  MMMM
                  X
                  X
                  X
                  X

                  Large Appliances (coating)
                  NNNN
                  X
                  X
                  X
                  X

                  Printing, Coating, & Dyeing Fabrics
                  OOOO
                  X
                  X
                  X
                  X

                  Plastic Parts & Products (coating)
                  PPPP
                  X
                  X
                  X
                  X

                  Wood Building Products
                  QQQQ
                  X
                  X
                  X
                  X

                  Metal Furniture (coating)
                  RRRR
                  X
                  X
                  X
                  X

                  Metal Coil (coating)
                  SSSS
                  X
                  X
                  X
                  X

                  Leather Tanning & Finishing
                  TTTT
                  X
                  X
                  X
                  X

                  Cellulose Ethers Prod. Misc. Viscose Processes
                  UUUU
                  X
                  X
                  X
                  X

                  Boat Manufacturing
                  VVVV
                  X
                  X
                  X
                  X

                  Reinforced Plastic Composites
                  WWWW
                  X
                  X
                  X
                  X

                  Rubber Tire Mfg
                  XXXX
                  X
                  X
                  X
                  X

                  Stationary Combustion Turbines
                  YYYY
                  X
                  X
                  X
                  X

                  Reciprocating Int. Combustion Engines
                  ZZZZ
                  X
                  X
                  X
                  X

                  Area Source Requirements >>.

                  Lime Manufacturing
                  AAAAA
                  X
                  X
                  X
                  X

                  Semiconductor Production
                  BBBBB
                  X
                  X
                  X
                  X

                  Coke Ovens: (Push/Quench/Battery/Stacks)
                  CCCCC
                  X
                  X
                  X
                  X

                  Industrial/Commercial/Institutional
                  DDDDD

                  Boilers & Process Heaters, VACATED on 7/30/07

                  Iron Foundries
                  EEEEE
                  X
                  X
                  X
                  X

                  Integrated Iron & Steel
                  FFFFF
                  X
                  X
                  X
                  X

                  Site Remediation
                  GGGGG
                  X
                  X
                  X
                  X

                  Misc. Coating Manufacturing
                  HHHHH
                  X
                  X
                  X
                  X

                  Mercury Cell Chlor-Alkali
                  IIIII
                  X
                  X
                  X
                  X

                  Brick & Structural Clay Products, VACATED on 6/18/07
                  JJJJJ

                  Clay Ceramics Manufacturing, VACATED on 6/18/07
                  KKKKK

                  Asphalt Roofing & Processing
                  LLLLL
                  X
                  X
                  X
                  X

                  Flex. Polyurethane Foam Fabrication
                  MMMMM
                  X
                  X
                  X
                  X

                  Hydrochloric Acid Prod/Fumed Silica
                  NNNNN
                  X
                  X
                  X
                  X

                  Engine & Rocket Test Facilities
                  PPPPP
                  X
                  X
                  X
                  X

                  Friction Materials Manufacturing
                  QQQQQ
                  X
                  X
                  X
                  X

                  Taconite Iron Ore
                  RRRRR
                  X
                  X
                  X
                  X

                  Refactories
                  SSSSS
                  X
                  X
                  X
                  X

                  Primary Magnesium
                  TTTTT
                  X
                  X
                  X
                  X

                    Area Source Rules

                  Hospital Sterilizers
                  WWWWW
                  X
                  X
                  X
                  X

                  Stainless and Nonstainless Steel Mfg Electric Arc Furnaces
                  YYYYY
                  X
                  X
                  X
                  X

                  Iron & Steel foundries
                  ZZZZZ
                  X
                  X
                  X
                  X

                  Gasoline Distribution—Bulk
                  BBBBBB
                  X
                  X
                  X
                  X

                  Gasoline Dispensing Facilities
                  CCCCCC
                  X
                  X
                  X
                  X

                  PVC & Copolymers Prod
                  DDDDDD
                  X
                  X
                  X
                  X

                  Primary Copper
                  EEEEEE
                  X
                  X
                  X
                  X

                  Secondary Copper Smelting
                  FFFFFF
                  X
                  X
                  X
                  X

                  Primary Nonferrous Metals
                  GGGGGG
                  X
                  X
                  X
                  X

                  Paint Stripping

                  Auto-Body Refinishing
                  HHHHHH
                  X
                  X
                  X
                  X

                  Plastic Parts & Prod. (coating)

                  Acrylic/Modacrylic Fibers Prod
                  LLLLLL
                  X
                  X
                  X
                  X

                  Carbon Black Prod
                  MMMMMM
                  X
                  X
                  X
                  X

                  Chemical Mfg. Chrom
                  NNNNNN
                  X
                  X
                  X
                  X

                  Flex. Polyurethane Foam Fab
                  OOOOOO
                  X
                  X
                  X
                  X

                  Flex. Polyurethane Foam Prod

                  Lead Acid Battery Mfg
                  PPPPPP
                  X
                  X
                  X
                  X

                  Wood Preserving
                  QQQQQQ
                  X
                  X
                  X
                  X

                  Clay Ceramics Mfg
                  RRRRRR
                  X
                  X
                  X
                  X

                  Glass Mfg
                  SSSSSS
                  X
                  X
                  X
                  X

                  Secondary Nonferrous Metals
                  TTTTTT
                  X
                  X
                  X
                  X

                  Plating and Polishing
                  WWWWWW
                  X
                  X
                  X
                  X

                  Industrial Mach. & Eq. Finishing
                  XXXXXX
                  X
                  X
                  X
                  X

                  Elect. & Electronics Eq. Finishing

                  Fabricated Metal Prod

                  Fabricated Plate Work (Boiler Shop)

                  Fabricated Structural Metal Mfg

                  Heating Eq. Mfg

                  Iron and Steel Forging

                  Primary Metals Prod. Mfg

                  Valves and Pipe Fittings Mfg

                  Ferroalloys Production
                  YYYYYY
                  X
                  X
                  X
                  X

                  Ferro/Silico Manganese

                  1 State program approved on August 31, 2001. Delegation table last updated on February 23, 2009.

                  2 Forsyth County Environmental Affairs Department.

                  3 Mecklenburg County Department of Environmental Protection.

                  4 Western North Carolina Regional Air Quality Agency.

              (ii) North Carolina Department of Environment and Natural Resources (NC DENR) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Riegelwood mill, Riegelwood, North Carolina; International Paper Roanoke Rapids mill, Roanoke Rapids, North Carolina; Blue Ridge Paper Products, Canton, North Carolina; Weyerhaeuser New Bern facility, New Bern, North Carolina; and Weyerhaeuser Plymouth facility, Plymouth, North Carolina, for Subpart S of this Part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry and Subpart MM of this Part—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-alone Semi-chemical Pulp Mills. This action is contingent upon NC DENR including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirements applicable to the sources remain the Federal section 112 requirements until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

              (iii) North Carolina Department of Environment and Natural Resources (NC DENR) may implement and enforce alternative requirements in the form of title V permit terms and conditions for New South Lumber Company, Inc. Graham Plant, Alamance County, North Carolina; HDM Furniture Industries, Inc., Henredon Furniture Plant 1 & 2, Burke County, North Carolina; Kohler Co., DBA Baker Furniture, Burke County, North Carolina; Bernhardt Furniture Company Plants 3 & 7, Caldwell County, North Carolina; Thomasville Furniture Industries, Inc., Lenoir Plant, Caldwell County, North Carolina; Kincaid Furniture Company, Inc., Plant No. 1, Caldwell County, North Carolina; Hickory Chair Company, Catawba County, North Carolina; Uniboard USA LLC, Chatham County, North Carolina; Georgia Pacific Whiteville Plant, Columbus County, North Carolina; West Fraser, Inc., Armour Lumber Mill, Columbus County, North Carolina; Weyerhaeuser NR Company, New Bern Lumber Facility, Craven County, North Carolina; Linwood Furniture, Inc., Davidson County, North Carolina; Warvel Products, Inc., Davidson County, North Carolina; Thomasville Furniture Industries, Inc., Plant C/M/W/SB, Davidson County, North Carolina; Lexington Furniture Inc., Plant 5, Davidson County, North Carolina; Stanley Furniture Company, Inc., Graham County, North Carolina; Georgia Pacific, Creedmoor Chip-N-Saw Plant, Granville County, North Carolina; JELD-WEN, Inc., McDowell County, North Carolina; Weyerhaeuser NR Company, Martin County, North Carolina; Jordan Lumber & Supply Co., Montgomery County, North Carolina; Troy Lumber Co., Montgomery County, North Carolina; Unilin Flooring N.V., Montgomery County, North Carolina; West Fraser, Seaboard Lumber Mill, Northampton County, North Carolina; Georgia Pacific Roxboro, Person County, North Carolina; Louisiana Pacific Corp., Roxboro, Person County, North Carolina; Weyerhaeuser Company, Grifton, Pitt County, North Carolina; Vaughan Bassett Furniture Co., Elkin Furniture, Surry County, North Carolina; Weyerhaeuser NR Company, Elkin Facility, Surry County, North Carolina; Georgia Pacific Plywood/OSB/CNS, Dudley, Wayne County, North Carolina; Louisiana Pacific Corp., Roaring River, Wilkes County, North Carolina; and American Drew, Inc., Plant 13, Wilkes County, North Carolina, for subpart DDDD of this Part-National Emissions Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products. This action is contingent upon NC DENR including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirements applicable to the sources remain the Federal section 112 requirements until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.
              (35) North Dakota. (i) The North Dakota Department of Agriculture is delegated the authority to implement and enforce the provisions of 40 CFR part 68 at facilities with an anhydrous ammonia storage capacity of ten thousand pounds or more that is intended to be used as fertilizer or in the manufacturing of a fertilizer within North Dakota and that are subject to the requirements of 40 CFR part 68, in accordance with the final rule, dated December 30, 2013.

              (ii) The most current delegation status table for National Emission Standards for Hazardous Air Pollutants for Source Categories in Region VIII can be found online at http://www.epa.gov/region8/air-program.

              (36) [Reserved]
              (37) Oklahoma. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Oklahoma Department of Environmental Quality for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after September 1, 2016 are not delegated.

                Delegation Status for Part 63 Standards—State of Oklahoma
                [Excluding Indian Country]

                  Subpart
                  Source category
                  ODEQ 1 2

                  A
                  General Provisions
                  X

                  F
                  Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)
                  X

                  G
                  HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater
                  X

                  H
                  HON—Equipment Leaks
                  X

                  I
                  HON—Certain Processes Negotiated Equipment Leak Regulation
                  X

                  J
                  Polyvinyl Chloride and Copolymers Production

                    3

                  K
                  (Reserved)

                  L
                  Coke Oven Batteries
                  X

                  M
                  Perchloroethylene Dry Cleaning
                  X

                  N
                  Chromium Electroplating and Chromium Anodizing Tanks
                  X

                  O
                  Ethylene Oxide Sterilizers
                  X

                  P
                  (Reserved)

                  Q
                  Industrial Process Cooling Towers
                  X

                  R
                  Gasoline Distribution
                  X

                  S
                  Pulp and Paper Industry
                  X

                  T
                  Halogenated Solvent Cleaning
                  X

                  U
                  Group I Polymers and Resins
                  X

                  V
                  (Reserved)

                  W
                  Epoxy Resins Production and Non-Nylon Polyamides Production
                  X

                  X
                  Secondary Lead Smelting
                  X

                  Y
                  Marine Tank Vessel Loading
                  X

                  Z
                  (Reserved)

                  AA
                  Phosphoric Acid Manufacturing Plants
                  X

                  BB
                  Phosphate Fertilizers Production Plants
                  X

                  CC
                  Petroleum Refineries
                  X

                  DD
                  Off-Site Waste and Recovery Operations
                  X

                  EE
                  Magnetic Tape Manufacturing
                  X

                  FF
                  (Reserved)

                  GG
                  Aerospace Manufacturing and Rework Facilities
                  X

                  HH
                  Oil and Natural Gas Production Facilities
                  X

                  II
                  Shipbuilding and Ship Repair Facilities
                  X

                  JJ
                  Wood Furniture Manufacturing Operations
                  X

                  KK
                  Printing and Publishing Industry
                  X

                  LL
                  Primary Aluminum Reduction Plants
                  X

                  MM
                  Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills
                  X

                  NN
                  Wool Fiberglass Manufacturing at Area Sources
                  X

                  OO
                  Tanks-Level 1
                  X

                  PP
                  Containers
                  X

                  QQ
                  Surface Impoundments
                  X

                  RR
                  Individual Drain Systems
                  X

                  SS
                  Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
                  X

                  TT
                  Equipment Leaks—Control Level 1
                  X

                  UU
                  Equipment Leaks—Control Level 2 Standards
                  X

                  VV
                  Oil—Water Separators and Organic—Water Separators
                  X

                  WW
                  Storage Vessels (Tanks)—Control Level 2
                  X

                  XX
                  Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations
                  X

                  YY
                  Generic Maximum Achievable Control Technology Standards
                  X

                  ZZ-BBB
                  (Reserved)

                  CCC
                  Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration
                  X

                  DDD
                  Mineral Wool Production
                  X

                  EEE
                  Hazardous Waste Combustors
                  X

                  FFF
                  (Reserved)

                  GGG
                  Pharmaceuticals Production
                  X

                  HHH
                  Natural Gas Transmission and Storage Facilities
                  X

                  III
                  Flexible Polyurethane Foam Production
                  X

                  JJJ
                  Group IV Polymers and Resins
                  X

                  KKK
                  (Reserved)

                  LLL
                  Portland Cement Manufacturing
                  X

                  MMM
                  Pesticide Active Ingredient Production
                  X

                  NNN
                  Wool Fiberglass Manufacturing
                  X

                  OOO
                  Amino/Phenolic Resins
                  X

                  PPP
                  Polyether Polyols Production
                  X

                  QQQ
                  Primary Copper Smelting
                  X

                  RRR
                  Secondary Aluminum Production
                  X

                  SSS
                  (Reserved)

                  TTT
                  Primary Lead Smelting
                  X

                  UUU
                  Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants
                  X

                  VVV
                  Publicly Owned Treatment Works (POTW)
                  X

                  WWW
                  (Reserved)

                  XXX
                  Ferroalloys Production: Ferromanganese and Silicomanganese
                  X

                  AAAA
                  Municipal Solid Waste Landfills
                  X

                  CCCC
                  Nutritional Yeast Manufacturing
                  X

                  DDDD
                  Plywood and Composite Wood Products

                    4 X

                  EEEE
                  Organic Liquids Distribution
                  X

                  FFFF
                  Misc. Organic Chemical Production and Processes (MON)
                  X

                  GGGG
                  Solvent Extraction for Vegetable Oil Production
                  X

                  HHHH
                  Wet Formed Fiberglass Mat Production
                  X

                  IIII
                  Auto & Light Duty Truck (Surface Coating)
                  X

                  JJJJ
                  Paper and other Web (Surface Coating)
                  X

                  KKKK
                  Metal Can (Surface Coating)
                  X

                  MMMM
                  Misc. Metal Parts and Products (Surface Coating)
                  X

                  NNNN
                  Surface Coating of Large Appliances
                  X

                  OOOO
                  Fabric Printing Coating and Dyeing
                  X

                  PPPP
                  Plastic Parts (Surface Coating)
                  X

                  QQQQ
                  Surface Coating of Wood Building Products
                  X

                  RRRR
                  Surface Coating of Metal Furniture
                  X

                  SSSS
                  Surface Coating for Metal Coil
                  X

                  TTTT
                  Leather Finishing Operations
                  X

                  UUUU
                  Cellulose Production Manufacture
                  X

                  VVVV
                  Boat Manufacturing
                  X

                  WWWW
                  Reinforced Plastic Composites Production
                  X

                  XXXX
                  Tire Manufacturing
                  X

                  YYYY
                  Combustion Turbines
                  X

                  ZZZZ
                  Reciprocating Internal Combustion Engines (RICE)
                  X

                  AAAAA
                  Lime Manufacturing Plants
                  X

                  BBBBB
                  Semiconductor Manufacturing
                  X

                  CCCCC
                  Coke Ovens: Pushing, Quenching and Battery Stacks
                  X

                  DDDDD
                  Industrial/Commercial/Institutional Boilers and Process Heaters Major Sources

                    5 X

                  EEEEE
                  Iron Foundries
                  X

                  FFFFF
                  Integrated Iron and Steel
                  X

                  GGGGG
                  Site Remediation
                  X

                  HHHHH
                  Miscellaneous Coating Manufacturing
                  X

                  IIIII
                  Mercury Cell Chlor-Alkali Plants
                  X

                  JJJJJ
                  Brick and Structural Clay Products Manufacturing

                    6 X

                  KKKKK
                  Clay Ceramics Manufacturing

                    6 X

                  LLLLL
                  Asphalt Roofing and Processing
                  X

                  MMMMM
                  Flexible Polyurethane Foam Fabrication Operation
                  X

                  NNNNN
                  Hydrochloric Acid Production, Fumed Silica Production
                  X

                  OOOOO
                  (Reserved)

                  PPPPP
                  Engine Test Facilities
                  X

                  QQQQQ
                  Friction Products Manufacturing
                  X

                  RRRRR
                  Taconite Iron Ore Processing
                  X

                  SSSSS
                  Refractory Products Manufacture
                  X

                  TTTTT
                  Primary Magnesium Refining
                  X

                  UUUUU
                  Coal and Oil-Fired Electric Utility Steam Generating Units

                    7 X

                  VVVVV
                  (Reserved)

                  WWWWW
                  Hospital Ethylene Oxide Sterilizers
                  X

                  XXXXX
                  (Reserved)

                  YYYYY
                  Electric Arc Furnace Steelmaking Area Sources
                  X

                  ZZZZZ
                  Iron and Steel Foundries Area Sources
                  X

                  AAAAAA
                  (Reserved)

                  BBBBBB
                  Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
                  X

                  CCCCCC
                  Gasoline Dispensing Facilities
                  X

                  DDDDDD
                  Polyvinyl Chloride and Copolymers Production Area Sources
                  X

                  EEEEEE
                  Primary Copper Smelting Area Sources
                  X

                  FFFFFF
                  Secondary Copper Smelting Area Sources
                  X

                  GGGGGG
                  Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium
                  X

                  HHHHHH
                  Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
                  X

                  IIIIII
                  (Reserved)

                  JJJJJJ
                  Industrial, Commercial, and Institutional Boilers Area Sources
                  X

                  KKKKKK
                  (Reserved)

                  LLLLLL
                  Acrylic and Modacrylic Fibers Production Area Sources
                  X

                  MMMMMM
                  Carbon Black Production Area Sources
                  X

                  NNNNNN
                  Chemical Manufacturing Area Sources: Chromium Compounds
                  X

                  OOOOOO
                  Flexible Polyurethane Foam Production and Fabrication Area Sources
                  X

                  PPPPPP
                  Lead Acid Battery Manufacturing Area Sources
                  X

                  QQQQQQ
                  Wood Preserving Area Sources
                  X

                  RRRRRR
                  Clay Ceramics Manufacturing Area Sources
                  X

                  SSSSSS
                  Glass Manufacturing Area Sources
                  X

                  TTTTTT
                  Secondary Nonferrous Metals Processing Area Sources
                  X

                  UUUUUU
                  (Reserved)

                  VVVVVV
                  Chemical Manufacturing Area Sources
                  X

                  WWWWWW
                  Plating and Polishing Operations Area Sources
                  X

                  XXXXXX
                  Metal Fabrication and Finishing Area Sources
                  X

                  YYYYYY
                  Ferroalloys Production Facilities Area Sources
                  X

                  ZZZZZZ
                  Aluminum, Copper, and Other Nonferrous Foundries Area Sources
                  X

                  AAAAAAA
                  Asphalt Processing and Asphalt Roofing Manufacturing Area Sources
                  X

                  BBBBBBB
                  Chemical Preparation Industry Area Sources
                  X

                  CCCCCCC
                  Paints and Allied Products Manufacturing Area Sources
                  X

                  DDDDDDD
                  Prepared Feeds Areas Sources
                  X

                  EEEEEEE
                  Gold Mine Ore Processing and Production Area Sources
                  X

                  FFFFFFF-GGGGGGG
                  (Reserved)

                  HHHHHHH
                  Polyvinyl Chloride and Copolymers Production Major Sources
                  X

                  1 Program delegated to Oklahoma Department of Environmental Quality (ODEQ).

                  2 Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under “Delegation of Authority”) that cannot be delegated.

                  3 The ODEQ has adopted this subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (DC Cir. 2004). Because of the DC Court's holding, this subpart is not delegated to ODEQ at this time.

                  4 This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia Circuit. See 72 FR 61060 (October 29, 2007).

                  5 Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).

                  6 Final promulgated rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to correct minor typographical errors at 80 FR 75817 (December 4, 2015).

                  7 Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental Finding that it is appropriate and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016).

              (38) Oregon. (i) The following table lists the delegation status of specific part 63 subparts that have been delegated to state and local air pollution control agencies in Oregon. An “X” indicates the subpart has been delegated, subject to all the conditions and limitations set forth in federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. The dates noted at the end of this table indicate the effective dates of federal rules that have been delegated. Any amendments made to these rules after this effective date are not delegated.

                Delegation Status of Part 63 NESHAPS—State of Oregon 1

                  Subpart 2

                  ODEQ 3

                  LRAPA 4

                  A General Provisions 5

                  X
                  X

                  D Early Reductions

                  F HON-SOCMI
                  X
                  X

                  G HON-Process Vents
                  X
                  X

                  H HON-Equipment Leaks
                  X
                  X

                  I HON-Negotiated Leaks
                  X
                  X

                  L Coke Oven Batteries
                  X
                  X

                  M Perchloroethylene Dry Cleaning
                  X
                  X

                  N Chromium Electroplating
                  X
                  X

                  O Ethylene Oxide Sterilizers
                  X
                  X

                  Q Industrial Process Cooling Towers
                  X
                  X

                  R Gasoline Distribution
                  X
                  X

                  S Pulp and Paper
                  X
                  X

                  T Halogenated Solvent Cleaning
                  X
                  X

                  U Polymers and Resins I
                  X
                  X

                  W Polymers and Resins II-Epoxy
                  X
                  X

                  X Secondary Lead Smelting
                  X
                  X

                  Y Marine Tank Vessel Loading
                  X
                  X

                  AA Phosphoric Acid Manufacturing Plants
                  X
                  X

                  BB Phosphate Fertilizers Production Plants
                  X
                  X

                  CC Petroleum Refineries
                  X
                  X

                  DD Off-Site Waste and Recovery
                  X
                  X

                  EE Magnetic Tape Manufacturing
                  X
                  X

                  GG Aerospace Manufacturing & Rework
                  X
                  X

                  HH Oil and Natural Gas Production Facilities
                  X
                  X

                  II Shipbuilding and Ship Repair
                  X
                  X

                  JJ Wood Furniture Manufacturing Operations
                  X
                  X

                  KK Printing and Publishing Industry
                  X
                  X

                  LL Primary Aluminum
                  X
                  X

                  MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills
                  X
                  X

                  OO Tanks—Level 1
                  X
                  X

                  PP Containers
                  X
                  X

                  QQ Surface Impoundments
                  X
                  X

                  RR Individual Drain Systems
                  X
                  X

                  SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process
                  X
                  X

                  TT Equipment Leaks—Control Level 1
                  X
                  X

                  UU Equipment Leaks—Control Level 2
                  X
                  X

                  VV Oil-Water Separators and Organic-Water Separators
                  X
                  X

                  WW Storage Vessels (Tanks)—Control Level 2
                  X
                  X

                  YY Source Categories: Generic MACT
                  X
                  X

                  CCC Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants
                  X
                  X

                  DDD Mineral Wool Production
                  X
                  X

                  EEE Hazardous Waste Combustors
                  X
                  X

                  GGG Pharmaceuticals Production
                  X
                  X

                  HHH Natural Gas Transmission and Storage Facilities
                  X
                  X

                  III Flexible Polyurethane Foam Production
                  X
                  X

                  JJJ Polymers and Resins IV
                  X
                  X

                  LLL Portland Cement Manufacturing
                  X
                  X

                  MMM Pesticide Active Ingredient Production
                  X
                  X

                  NNN Wool Fiberglass Manufacturing
                  X
                  X

                  OOO Manufacture of Amino Phenolic Resins
                  X
                  X

                  PPP Polyether Polyols Production
                  X
                  X

                  RRR Secondary Aluminum Production
                  X
                  X

                  TTT Primary Lead Smelting
                  X
                  X

                  VVV Publicly Owned Treatment Works
                  X
                  X

                  XXX Ferroalloys Production: Ferromanganese & Silico manganese
                  X
                  X

                  CCCC Manufacture of Nutritional Yeast
                  X
                  X

                  GGGG Extraction of Vegetable Oil
                  X
                  X

                  1 Table last updated on August 9, 2002; see 40 CFR 61.04(b)(WW) for agency addresses.

                  2 Any authority within any subpart of this part (i.e. under “Delegation of Authority”) that is identified as not delegatable, is not delegated.

                  3 Oregon Department of Environmental Quality (07/01/2001).

                  4 Lane Region Air Pollution Authority (07/01/2001).

                  5 General Provisions Authorities which may not be delegated include: §§ 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods; § 63.9(f) for approval of major alternatives to monitoring. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see 40 CFR 63.90.

              (39) Pennsylvania. (i) Pennsylvania is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Pennsylvania Department of Environmental Protection, dated January 5, 1998, and any mutually acceptable amendments to that agreement.
              (ii) Pennsylvania is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is requested by the Pennsylvania Department of Environmental Protection and approved by EPA Region III, at sources not subject to the permitting requirements of 40 CFR part 70, in accordance with the final rule, dated September 13, 2001, effective November 13, 2001, and any mutually acceptable amendments to the terms described in the direct final rule.
              (iii) Philadelphia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is requested by the City of Philadelphia Department of Public Health Air Management Services and approved by EPA Region III, at sources within the City of Philadelphia, in accordance with the final rule, dated January 29, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

              (iv) Allegheny County is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards at sources within Allegheny County, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.
              (v) Allegheny County is not delegated the authority to implement and enforce the provisions of 40 CFR part 68 and all future unchanged amendments to 40 CFR part 68 at sources within Allegheny County, in accordance with the final rule, dated March 5, 2019, effective April 4, 2019.
              (40) Rhode Island.
              (i) [Reserved]
              (ii) Affected area sources within Rhode Island must comply with the Rhode Island Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in § 63.14) as described in paragraph (a)(40)(ii)(A) of this section:
              (A) The material incorporated into the Rhode Island Department of Environmental Management regulations at Air Pollution Control Regulation No. 36, Control of Emissions from Organic Solvent Cleaning, effective April 8, 1996, last amended October 9, 2008, and Rhode Island Air Pollution Control, General Definitions Regulation, effective July 19, 2007, last amended October 9, 2008, pertaining to organic solvent cleaning facilities in the State of Rhode Island jurisdiction, and approved under the procedures in § 63.93 to be implemented and enforced in place of the Federal NESHAP for Halogenated Solvent Cleaning Facilities (subpart T of this part), effective as of May 3, 2007, except for continuous web cleaning machines as defined in § 63.461.
              (1) Authorities not delegated.
              (i) Rhode Island is not delegated the Administrator's authority to implement and enforce Rhode Island regulations at Air Pollution Control Regulation No. 36 and Rhode Island General Definitions Regulation in lieu of those provisions of subpart T of this part which apply to continuous web cleaning machines as defined in § 63.461.
              (ii) [Reserved]
              (2) [Reserved]
              (B) [Reserved]
              (41) South Carolina. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the South Carolina Department of Health and Environmental Control (SCDHEC) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

                Part 63 Major & Area Source Rule Delegations—South Carolina 1

                  Source category
                  Subpart
                  SCDHEC

                  1
                  HON
                  F, G, H, I
                  X

                  2
                  Polyvinyl Chloride & Co-polymers VACATED on 5/11/05
                  J

                  3
                  Coke Ovens
                  L
                  X

                  4
                  Dry Cleaners
                  M
                  X

                  5
                  Chromium Electroplating
                  N
                  X

                  6
                  EtO Commercial Sterilization
                  O
                  X

                  7
                  Chromium Cooling Towers
                  Q
                  X

                  8
                  Gasoline Distribution (stage 1)
                  R
                  X

                  9
                  Pulp & Paper I
                  S
                  X

                  10
                  Halogenated Solvent Cleaning
                  T
                  X

                  11
                  Polymer & Resins 1
                  U
                  X

                  12
                  Polymer & Resins 2
                  W
                  X

                  13
                  Secondary Lead Smelters
                  X
                  X

                  14
                  Marine Tank Vessel Loading
                  Y
                  X

                  15
                  Phosphoric Acid Mfg
                  AA
                  X

                  16
                  Phosphate Fertilizers Prod
                  BB
                  X

                  17
                  Petroleum Refineries
                  CC
                  X

                  18
                  Offsite Waste & Recovery
                  DD
                  X

                  Tanks; Level 1
                  OO
                  X

                  Containers
                  PP
                  X

                  Surface Impoundments
                  QQ
                  X

                  Drain Systems
                  RR
                  X

                  Oil-Water Separators
                  VV
                  X

                  19
                  Magnetic Tape
                  EE
                  X

                  20
                  Aerospace Industry
                  GG
                  X

                  21
                  Oil & Natural Gas Prod
                  HH
                  X

                  Area Source Requirements >>.

                  X

                  22
                  Shipbuilding and Repair
                  I I
                  X

                  23
                  Wood Furniture Mfg
                  J J
                  X

                  24
                  Printing & Publishing
                  KK
                  X

                  25
                  Primary Aluminum
                  LL
                  X

                  26
                  Pulp & Paper II (Combustion sources)
                  MM
                  X

                  27
                  Generic MACT:

                  Control Devices
                  SS
                  X

                  Eq. Leaks—Level 1
                  TT
                  X

                  Eq. Leaks—Level 2
                  UU
                  X

                  Tanks—Level 2
                  WW
                  X

                  28
                  Generic MACT:

                  Ethylene Mfg
                  XX & YY
                  X

                  Carbon Black
                  YY
                  X

                  Spandex Prod
                  YY
                  X

                  Cyanide Chemical Mfg
                  YY
                  X

                  Acetal Resins
                  YY
                  X

                  Acrylic/Modacrylic Fibers
                  YY
                  X

                  Hydrogen Fluoride Prod
                  YY
                  X

                  Polycarbonates Prod
                  YY
                  X

                  29
                  Steel Pickeling
                  CCC
                  X

                  30
                  Mineral Wool Prod
                  DDD
                  X

                  31
                  Hazardous Waste Combustion (Phase I)
                  EEE
                  X

                  32
                  Boilers that burn Haz. Waste (Phase II)
                  EEE
                  X

                  33
                  HCL Prod. Furnaces burning Haz. Waste (P II)
                  EEE
                  X

                  34
                  Pharmaceutical Prod
                  GGG
                  X

                  35
                  Nat. Gas Transmission & Storage
                  HHH
                  X

                  36
                  Flexible Polyurethane Foam Prod
                  I I I
                  X

                  37
                  Polymer & Resins 4
                  JJJ
                  X

                  38
                  Portland Cement
                  LLL
                  X

                  39
                  Pesticide Active Ingredients
                  MMM
                  X

                  40
                  Wool Fiberglass
                  NNN
                  X

                  41
                  Polymer & Resins 3 (Amino & Phenolic)
                  OOO
                  X

                  42
                  Polyether Polyols Prod
                  PPP
                  X

                  43
                  Primary Copper
                  QQQ
                  X

                  44
                  Secondary Aluminum Prod
                  RRR
                  X

                  45
                  Primary Lead Smelting
                  TTT
                  X

                  46
                  Petro Refineries (FCC units)
                  UUU
                  X

                  47
                  POTW
                  V V V
                  X

                  48
                  Ferroalloys
                  X X X
                  X

                  49
                  Municipal Landfills
                  AAAA
                  X

                  50
                  Nutritional Yeast
                  CCCC
                  X

                  51
                  Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)
                  DDDD
                  X

                  52
                  Organic Liquids Distribution (non-gas)
                  EEEE
                  X

                  53
                  Misc. Organic NESHAP
                  FFFF
                  X

                  54
                  Vegetable Oil
                  GGGG
                  X

                  55
                  Wet Formed Fiberglass
                  HHHH
                  X

                  56
                  Auto & Light Duty Truck (coating)
                  I I I I
                  X

                  57
                  Paper & Other Webs
                  JJJJ
                  X

                  58
                  Metal Can (coating)
                  KKKK
                  X

                  59
                  Misc. Metal Parts (coating)
                  MMMM
                  X

                  60
                  Large Appliances (coating)
                  NNNN
                  X

                  61
                  Printing, Coating, & Dyeing Fabrics
                  OOOO
                  X

                  62
                  Plastic Parts & Products (coating)
                  PPPP
                  X

                  63
                  Wood Building Products
                  QQQQ
                  X

                  64
                  Metal Furniture (coating)
                  RRRR
                  X

                  65
                  Metal Coil (coating)
                  SSSS
                  X

                  66
                  Leather Tanning & Finishing
                  TTTT
                  X

                  67
                  Cellulose Ethers Prod Misc. Viscose Processes
                  UUUU
                  X

                  68
                  Boat Manufacturing
                  VVVV
                  X

                  69
                  Reinforced Plastic Composites
                  WWWW
                  X

                  70
                  Rubber Tire Mfg
                  XXXX
                  X

                  71
                  Stationary Combustion Turbines
                  YYYY
                  X

                  72
                  Reciprocating Int. Combustion Engines
                  ZZZZ
                  X

                  Area Source Requirements >>.

                  X

                  73
                  Lime Manufacturing
                  AAAAA
                  X

                  74
                  Semiconductor Production
                  BBBBB
                  X

                  75
                  Coke Ovens: (Push/Quench/Battery/Stacks)
                  CCCCC
                  X

                  76
                  Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07
                  DDDDD

                  77
                  Iron Foundries
                  EEEEE
                  X

                  78
                  Integrated Iron & Steel
                  FFFFF
                  X

                  79
                  Site Remediation
                  GGGGG
                  X

                  80
                  Misc. Coating Manufacturing
                  HHHHH
                  X

                  81
                  Mercury Cell Chlor-Alkali
                  IIIII
                  X

                  82
                  Brick & Structural Clay Products, VACATED on 6/18/07
                  JJJJJ

                  83
                  Clay Ceramics Manufacturing, VACATED on 6/18/07
                  KKKKK

                  84
                  Asphalt Roofing & Processing
                  LLLLL
                  X

                  85
                  Flex. Polyurethane Foam Fabrication
                  MMMMM
                  X

                  86
                  Hydrochloric Acid Prod/Fumed Silica
                  NNNNN
                  X

                  87
                  Engine & Rocket Test Facilities
                  PPPPP
                  X

                  88
                  Friction Materials Manufacturing
                  QQQQQ
                  X

                  89
                  Taconite Iron Ore
                  RRRRR
                  X

                  90
                  Refactories
                  SSSSS
                  X

                  91
                  Primary Magnesium
                  TTTTT
                  X

                    Area Source Rules

                  92
                  Hospital Sterilizers
                  WWWWW
                  X

                  93
                  Stainless and Nonstainless Steel Mfg Electric Arc Furnaces
                  YYYYY
                  X

                  94
                  Iron & Steel foundries
                  ZZZZZ
                  X

                  95
                  Gasoline Distribution—Bulk
                  BBBBBB
                  X

                  96
                  Gasoline Dispensing Facilities
                  CCCCCC
                  X

                  97
                  PVC & Copolymers Prod
                  DDDDDD
                  X

                  98
                  Primary Copper
                  EEEEEE
                  X

                  99
                  Secondary Copper Smelting
                  FFFFFF
                  X

                  100
                  Primary Nonferrous Metals
                  GGGGGG
                  X

                  101
                  Paint Stripping
                  HHHHHH
                  X

                  Auto-Body Refinishing

                  Plastic Parts & Prod. (coating)

                  102
                  Acrylic/Modacrylic Fibers Prod
                  LLLLLL
                  X

                  103
                  Carbon Black Prod
                  MMMMMM
                  X

                  104
                  Chemical Mfg. Chrom
                  NNNNNN
                  X

                  105
                  Flex. Polyurethane Foam Fab
                  OOOOOO
                  X

                  Flex. Polyurethane Foam Prod

                  106
                  Lead Acid Battery Mfg
                  PPPPPP
                  X

                  107
                  Wood Preserving
                  QQQQQQ
                  X

                  108
                  Clay Ceramics Mfg
                  RRRRRR
                  X

                  109
                  Glass Mfg
                  SSSSSS
                  X

                  110
                  Secondary Nonferrous Metals
                  TTTTTT
                  X

                  110
                  Plating and Polishing
                  WWWWWW
                  X

                  112
                  Heating Eq. Mfg
                  XXXXXX
                  X

                  Industrial Mach. & Eq. Finishing

                  Elect. & Electronics Eq. Finishing

                  Fabricated Metal Prod

                  Fabricated Plate Work (Boiler Shop)

                  Fabricated Structural Metal Mfg

                  113
                  Ferro/Silico Manganese
                  YYYYYY
                  X

                  Iron and Steel Forging

                  Primary Metals Prod. Mfg

                  Valves and Pipe Fittings Mfg

                  Ferroalloys Production

                  1 State program approved on June 26, 1995. Delegation table last updated on February 23, 2009.

              (ii) South Carolina Department of Health and Environmental Control (SC DHEC) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Georgetown Mill, Georgetown, South Carolina, for subpart S of this part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon SC DHEC including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.
              (42)  [Reserved]

              (43) Tennessee. (i) The Tennessee Department of Environment and Conservation (TDEC) has “up-front” approval to implement an Equivalency by Permit (EBP) program under which TDEC may establish and enforce alternative requirements for the Ellison Surface Technologies, Inc. facility located in Morgan County, Tennessee (Ellison) in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Plating and Polishing Operations at 40 CFR part 63, subpart WWWWWW, “National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.” TDEC may only establish alternative requirements for Ellison that are at least as stringent as the otherwise applicable Federal requirements. TDEC must, in order to establish alternative requirements for Ellison under its EPA-approved EBP program: submit to the EPA for review pre-draft title V permit terms specifying alternative requirements that meet the criteria of 40 CFR 63.94(d), including the criterion that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements; obtain the EPA's written approval of the alternative pre-draft title V permit requirements; and issue a title V permit for Ellison that contains the approved alternative requirements. Until the EPA has approved the alternative permit terms and conditions and TDEC has issued a final title V permit incorporating them, Ellison will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart WWWWWW.
              (ii) Reserved.
              (44) Texas. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Texas Commission on Environmental Quality for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law and regulations. Some authorities cannot be delegated and are retained by the EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after August 3, 2016 are not delegated.

                Delegation Status for Part 63 Standards—State of Texas 1

                [Excluding Indian Country]

                  Subpart
                  Source category
                  TCEQ 2

                  A
                  General Provisions
                  X

                  F
                  Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)
                  X

                  G
                  HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater
                  X

                  H
                  HON—Equipment Leaks
                  X

                  I
                  HON—Certain Processes Negotiated Equipment Leak Regulation
                  X

                  J
                  Polyvinyl Chloride and Copolymers Production
                  (3)

                  K
                  (Reserved)

                  L
                  Coke Oven Batteries
                  X

                  M
                  Perchloroethylene Dry Cleaning
                  X

                  N
                  Chromium Electroplating and Chromium Anodizing Tanks
                  X

                  O
                  Ethylene Oxide Sterilizers
                  X

                  P
                  (Reserved)

                  Q
                  Industrial Process Cooling Towers
                  X

                  R
                  Gasoline Distribution
                  X

                  S
                  Pulp and Paper Industry
                  X

                  T
                  Halogenated Solvent Cleaning
                  X

                  U
                  Group I Polymers and Resins
                  X

                  V
                  (Reserved)

                  W
                  Epoxy Resins Production and Non-Nylon Polyamides Production
                  X

                  X
                  Secondary Lead Smelting
                  X

                  Y
                  Marine Tank Vessel Loading
                  X

                  Z
                  (Reserved)

                  AA
                  Phosphoric Acid Manufacturing Plants
                  X

                  BB
                  Phosphate Fertilizers Production Plants
                  X

                  CC
                  Petroleum Refineries
                  X

                  DD
                  Off-Site Waste and Recovery Operations
                  X

                  EE
                  Magnetic Tape Manufacturing
                  X

                  FF
                  (Reserved)

                  GG
                  Aerospace Manufacturing and Rework Facilities
                  X

                  HH
                  Oil and Natural Gas Production Facilities
                  X

                  II
                  Shipbuilding and Ship Repair Facilities
                  X

                  JJ
                  Wood Furniture Manufacturing Operations
                  X

                  KK
                  Printing and Publishing Industry
                  X

                  LL
                  Primary Aluminum Reduction Plants
                  X

                  MM
                  Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills
                  X

                  NN
                  Wool Fiberglass Manufacturing Area Sources
                  X

                  OO
                  Tanks-Level 1
                  X

                  PP
                  Containers
                  X

                  QQ
                  Surface Impoundments
                  X

                  RR
                  Individual Drain Systems
                  X

                  SS
                  Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process

                  TT
                  Equipment Leaks—Control Level 1
                  X

                  UU
                  Equipment Leaks—Control Level 2 Standards
                  X

                  VV
                  Oil—Water Separators and Organic—Water Separators
                  X

                  WW
                  Storage Vessels (Tanks)—Control Level 2
                  X

                  XX
                  Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations
                  X

                  YY
                  Generic Maximum Achievable Control Technology Standards
                  X

                  ZZ-BBB
                  (Reserved)

                  CCC
                  Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration
                  X

                  DDD
                  Mineral Wool Production
                  X

                  EEE
                  Hazardous Waste Combustors
                  X

                  FFF
                  (Reserved)

                  GGG
                  Pharmaceuticals Production
                  X

                  HHH
                  Natural Gas Transmission and Storage Facilities
                  X

                  III
                  Flexible Polyurethane Foam Production
                  X

                  JJJ
                  Group IV Polymers and Resins
                  X

                  KKK
                  (Reserved)

                  LLL
                  Portland Cement Manufacturing
                  X

                  MMM
                  Pesticide Active Ingredient Production
                  X

                  NNN
                  Wool Fiberglass Manufacturing
                  X

                  OOO
                  Amino/Phenolic Resins
                  X

                  PPP
                  Polyether Polyols Production
                  X

                  QQQ
                  Primary Copper Smelting
                  X

                  RRR
                  Secondary Aluminum Production
                  X

                  SSS
                  (Reserved)

                  TTT
                  Primary Lead Smelting
                  X

                  UUU
                  Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants
                  X

                  VVV
                  Publicly Owned Treatment Works (POTW)
                  X

                  WWW
                  (Reserved)

                  XXX
                  Ferroalloys Production: Ferromanganese and Silicomanganese
                  X

                  AAAA
                  Municipal Solid Waste Landfills
                  X

                  CCCC
                  Nutritional Yeast Manufacturing
                  X

                  DDDD
                  Plywood and Composite Wood Products
                  X 4

                  EEEE
                  Organic Liquids Distribution
                  X

                  FFFF
                  Misc. Organic Chemical Production and Processes (MON)
                  X

                  GGGG
                  Solvent Extraction for Vegetable Oil Production
                  X

                  HHHH
                  Wet Formed Fiberglass Mat Production
                  X

                  IIII
                  Auto & Light Duty Truck (Surface Coating)
                  X

                  JJJJ
                  Paper and other Web (Surface Coating)
                  X

                  KKKK
                  Metal Can (Surface Coating)
                  X

                  MMMM
                  Misc. Metal Parts and Products (Surface Coating)
                  X

                  NNNN
                  Surface Coating of Large Appliances
                  X

                  OOOO
                  Fabric Printing Coating and Dyeing
                  X

                  PPPP
                  Plastic Parts (Surface Coating)
                  X

                  QQQQ
                  Surface Coating of Wood Building Products
                  X

                  RRRR
                  Surface Coating of Metal Furniture
                  X

                  SSSS
                  Surface Coating for Metal Coil
                  X

                  TTTT
                  Leather Finishing Operations
                  X

                  UUUU
                  Cellulose Production Manufacture
                  X

                  VVVV
                  Boat Manufacturing
                  X

                  WWWW
                  Reinforced Plastic Composites Production
                  X

                  XXXX
                  Rubber Tire Manufacturing
                  X

                  YYYY
                  Combustion Turbines
                  X

                  ZZZZ
                  Reciprocating Internal Combustion Engines (RICE)
                  X

                  AAAAA
                  Lime Manufacturing Plants
                  X

                  BBBBB
                  Semiconductor Manufacturing
                  X

                  CCCCC
                  Coke Ovens: Pushing, Quenching and Battery Stacks
                  X

                  DDDDD
                  Industrial/Commercial/Institutional Boilers and Process Heaters Major Sources
                  X 5

                  EEEEE
                  Iron Foundries
                  X

                  FFFFF
                  Integrated Iron and Steel
                  X

                  GGGGG
                  Site Remediation
                  X

                  HHHHH
                  Miscellaneous Coating Manufacturing
                  X

                  IIIII
                  Mercury Cell Chlor-Alkali Plants
                  X

                  JJJJJ
                  Brick and Structural Clay Products Manufacturing
                  X 6

                  KKKKK
                  Clay Ceramics Manufacturing
                  X 6

                  LLLLL
                  Asphalt Roofing and Processing
                  X

                  MMMMM
                  Flexible Polyurethane Foam Fabrication Operation
                  X

                  NNNNN
                  Hydrochloric Acid Production, Fumed Silica Production
                  X

                  OOOOO
                  (Reserved)

                  PPPPP
                  Engine Test Facilities
                  X

                  QQQQQ
                  Friction Products Manufacturing
                  X

                  RRRRR
                  Taconite Iron Ore Processing
                  X

                  SSSSS
                  Refractory Products Manufacture
                  X

                  TTTTT
                  Primary Magnesium Refining
                  X

                  UUUUU
                  Coal and Oil-Fired Electric Utility Steam Generating Units
                  X 7

                  VVVVV
                  (Reserved)

                  WWWWW
                  Hospital Ethylene Oxide Sterilizers Area Sources
                  X

                  XXXXX
                  (Reserved)

                  YYYYY
                  Electric Arc Furnace Steelmaking Facilities Area Sources
                  X

                  ZZZZZ
                  Iron and Steel Foundries Area Sources
                  X

                  AAAAAA
                  (Reserved)

                  BBBBBB
                  Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline FacilitiesArea Sources

                  X

                  CCCCCC
                  Gasoline Dispensing Facilities Area Sources
                  X

                  DDDDDD
                  Polyvinyl Chloride and Copolymers Production Area Sources
                  X

                  EEEEEE
                  Primary Copper Smelting Area Sources
                  X

                  FFFFFF
                  Secondary Copper Smelting Area Sources
                  X

                  GGGGGG
                  Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium
                  X

                  HHHHHH
                  Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
                  X

                  IIIIII
                  (Reserved)

                  JJJJJJ
                  Industrial, Commercial, and Institutional Boilers Area Sources
                  X

                  KKKKKK
                  (Reserved)

                  LLLLLL
                  Acrylic and Modacrylic Fibers Production Area Sources
                  X

                  MMMMMM
                  Carbon Black Production Area Sources
                  X

                  NNNNNN
                  Chemical Manufacturing Area Sources: Chromium Compounds
                  X

                  OOOOOO
                  Flexible Polyurethane Foam Production and Fabrication Area Sources
                  X

                  PPPPPP
                  Lead Acid Battery Manufacturing Area Sources
                  X

                  QQQQQQ
                  Wood Preserving Area Sources
                  X

                  RRRRRR
                  Clay Ceramics Manufacturing Area Sources
                  X

                  SSSSSS
                  Glass Manufacturing Area Sources
                  X

                  TTTTTT
                  Secondary Nonferrous Metals Processing Area Sources
                  X

                  UUUUUU
                  (Reserved)

                  VVVVVV
                  Chemical Manufacturing Area Sources
                  X

                  WWWWWW
                  Plating and Polishing Operations Area Sources
                  X

                  XXXXXX
                  Metal Fabrication and Finishing Area Sources
                  X

                  YYYYYY
                  Ferroalloys Production Facilities Area Sources
                  X

                  ZZZZZZ
                  Aluminum, Copper, and Other Nonferrous Foundries Area Sources
                  X

                  AAAAAAA
                  Asphalt Processing and Asphalt Roofing Manufacturing Area Sources
                  X

                  BBBBBBB
                  Chemical Preparations Industry Area Sources
                  X

                  CCCCCCC
                  Paints and Allied Products Manufacturing Area Sources
                  X

                  DDDDDDD
                  Prepared Feeds Manufacturing Area Sources
                  X

                  EEEEEEE
                  Gold Mine Ore Processing and Production Area Sources

                  FFFFFFF—GGGGGGG
                  (Reserved)

                  HHHHHHH
                  Polyvinyl Chloride and Copolymers Production Major Sources
                  X

                  1 Program delegated to the Texas Commission on Environmental Quality (TCEQ).

                  2 Authorities which may not be delegated include: § 63.6(g), Approval of Alternative Non-Opacity Emission Standards; § 63.6(h)(9), Approval of Alternative Opacity Standards; § 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; § 63.8(f), Approval of Major Alternatives to Monitoring; § 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified in the subparts (e.g., under “Delegation of Authority”) that cannot be delegated.

                  3 TCEQ was previously delegated this subpart on May 17, 2005 (70 FR 13018). The subpart was vacated and remanded to the EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (DC Cir. 2004). Because of the DC Court's holding, this subpart is not delegated to TCEQ at this time.

                  4 This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia Circuit. See 72 FR 61060 (October 29, 2007).

                  5 Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).

                  6 Final promulgated rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015).

                  7 Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental Finding that it is appropriate and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016).

              (ii) Affected sources within Texas shall comply with the Federal requirements of 40 CFR part 63—subpart A—General Provisions, adopted by reference by the Texas Commission on Environmental Quality (TCEQ), with the exception of § 63.5(e)(2)(i), § 63.6(i)(12)(i), § 63.6(i)(13)(i) and (ii), § 63.8(e)(5)(ii), § 63.9(i)(3), and § 63.10(e)(2)(ii). The TCEQ has adopted alternative provisions for the cited exceptions above and affected sources in Texas that are subject to the requirements of Subpart A shall comply with the requirements established at Texas Administrative Code, Title 30, Part 1, Chapter 113, Subchapter C, section 113.100.
              (45) [Reserved]
              (46) Vermont. (i) Affected area sources within Vermont must comply with Vermont Regulations applicable to Hazardous Air Pollutants (incorporated by reference as specified in § 63.14) as described in paragraph (a)(46)(i)(A) of this section:
              (A) The material incorporated into the Vermont Air Pollution Regulations at Chapter 5, Air Pollution Control, section 5-253.11, Perchloroethylene Dry Cleaning (effective as of December 15, 2016) pertaining to area source dry cleaning facilities in the State of Vermont jurisdiction, and approved under the procedures in § 63.93 to be implemented and enforced in place of the requirements for area source dry cleaning facilities in the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008. For purposes of this paragraph (a)(46) the term “area source dry cleaning facilities” means any source that qualifies as an area source under § 63.320(h).
              (1) Authorities not delegated. (i) Vermont is not delegated the Administrator's authority to implement and enforce Vermont Air Pollution Control Regulations, Chapter 5, Air Pollution Control, section 5-253.11, in lieu of those provisions of subpart M of this part which apply to major sources, as defined in § 63.320(g).
              (ii) [Reserved]
              (2) [Reserved]
              (B) [Reserved]
              (ii) [Reserved]
              (47) Virginia. (i) Virginia is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Virginia Department of Environmental Quality, dated April 20, 1998, and any mutually acceptable amendments to that agreement.
              (ii) Virginia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the Virginia Department of Environmental Quality and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated January 8, 2002, effective March 11, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

              (iii) EPA has granted the Virginia Department of Environmental Quality (DEQ) “up-front” approval to implement an Equivalency by Permit (EBP) program under which the Virginia DEQ may establish and enforce alternative State requirements for International Paper Company's Franklin Mill in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for the Pulp and Paper Industry found at 40 CFR part 63, subpart S. The Virginia DEQ may only establish alternative requirements for the Franklin Mill which are equivalent to and at least as stringent as the otherwise applicable Federal requirements. The VA DEQ must, in order to establish alternative requirements for the Franklin Mill under its EPA approved EBP program: (1) Submit to EPA for review pre-draft Clean Air Act (CAA) Title V permit terms specifying alternative requirements which are at least as stringent as the otherwise applicable Federal requirements, (2) obtain EPA's written approval of the alternative pre-draft CAA Title V permit requirements, and (3) issue a CAA Title V permit for the Franklin Mill which contains the approved alternative requirements. Until EPA has approved the alternative permit terms and conditions and the Virginia DEQ has issued a final CAA Title V permit incorporating them, International Paper Company's Franklin Mill will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart S.
              (48) Washington. (i) The following table lists the delegation status of specific part 63 Subparts that have been delegated to state and local air pollution control agencies in Washington. An “X” indicates the subpart has been delegated, subject to all the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. The dates noted at the end of this table indicate the effective dates of Federal rules that have been delegated. Any amendments made to these rules after this effective date are not delegated.

                Delegation Status for Part 63 Standards—State of Washington 1

                  40 CFR Part 63, Subparts 2

                  Ecology 3

                  BCAA 4

                  NWAPA 5

                  OAPCA 6

                  PSCAA 7

                  SCAPCA 8

                  SWCAA 9

                  YRCAA 10

                  A General Provisions 11

                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  D Early Reductions
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  F HON-SOCMI
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  G HON-Process Vents
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  H HON-Equipment Leaks
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  I HON-Negotiated Leaks
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  L Coke Oven Batteries
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  M Perchloroethylene Dry Cleaning
                  X3

                  X4

                  X

                  X 7

                  X 8

                  X
                  X 10

                  N Chromium Electroplating
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  O Ethylene Oxide Sterilizers
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  Q Industrial Process Cooling Towers
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  R Gasoline Distribution
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  S Pulp and Paper 12

                  X

                    5
                  X6
                  X7
                  X8
                  X9
                  X10

                  T Halogenated Solvent Cleaning
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  U Polymers and Resins I
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  W Polymers and Resins II-Epoxy
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  X Secondary Lead Smelting
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  Y Marine Tank Vessel Loading
                  X
                  X
                  X

                  X
                  X
                  X

                  AA Phosphoric Acid Manufacturing Plants
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  BB Phosphate Fertilizers Production Plants
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  CC Petroleum Refineries
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  DD Off-Site Waste and Recovery
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  EE Magnetic Tape Manufacturing
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  GG Aerospace Manufacturing & Rework
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  HH Oil and Natural Gas Production Facilities
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  II Shipbuilding and Ship Repair
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  JJ Wood Furniture Manufacturing Operations
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  KK Printing and Publishing Industry
                  X
                  X
                  X
                  X
                  X
                  X
                  X
                  X

                  LL Primary Aluminum 13

                  X

                  MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills 14

                  X

                  OO Tanks—Level 1
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  PP Containers
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  QQ Surface Impoundments
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  RR Individual Drain Systems
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  TT Equipment Leaks—Control Level 1
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  UU Equipment Leaks—Control Level 2
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  VV Oil-Water Separators and Organic-Water Separators
                  X
                  X
                  X
                  X
                  X
                  X

                  X

                  WW Storage Vessels (Tanks)—Control Level 2
                  X
                  X
                  X

                  X
                  X

                  YY Source Categories: Generic MACT
                  X
                  X
                  X

                  X
                  X

                  CCC Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants
                  X
                  X
                  X

                  X
                  X

                  DDD Mineral Wool Production
                  X
                  X
                  X

                  X
                  X

                  EEE Hazardous Waste Combustors
                  X
                  X
                  X

                  X
                  X

                  GGG Pharmaceuticals Production
                  X
                  X
                  X

                  X
                  X

                  HHH Natural Gas Transmission and Storage Facilities
                  X
                  X
                  X

                  X
                  X

                  III Flexible Polyurethane Foam Production
                  X
                  X
                  X

                  X
                  X

                  X

                  JJJ Polymers and Resins IV
                  X
                  X
                  X

                  X
                  X
                  X

                  LLL Portland Cement Manufacturing
                  X
                  X
                  X

                  X
                  X

                  MMM Pesticide Active Ingredient Production
                  X
                  X
                  X

                  X
                  X

                  NNN Wool Fiberglass Manufacturing
                  X
                  X
                  X

                  X
                  X

                  OOO Manufacture of Amino Phenolic Resins
                  X
                  X
                  X

                  X
                  X

                  PPP Polyether Polyols Production
                  X
                  X
                  X

                  X
                  X

                  RRR Secondary Aluminum Production
                  X
                  X

                  X
                  X

                  TTT Primary Lead Smelting
                  X
                  X
                  X

                  X
                  X

                  VVV Publicly Owned Treatment Works
                  X
                  X
                  X

                  X
                  X

                  XXX Ferroalloys Production: Ferromanganese & Silicomanganese
                  X
                  X
                  X

                  X
                  X

                  CCCC Manufacture of Nutritional Yeast

                  X

                  GGGG Extraction of Vegetable Oil

                  X

                  VVVV Boat Manufacturing

                  1 Table last updated on April 15, 2002. See 40 CFR 61.04(b)(WW) for agency addresses.

                  2 Any authority within any subpart of this part that is identified as not delegatable, is not delegated.

                  3 Washington State Department of Ecology (03/13/2001 for MM, 02/20/2001 for all others). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act.

                  4 Benton Clean Air Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act.

                  5 Northwest Air Pollution Control Agency (07/01/2000). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

                  6 Olympic Air Pollution Control Agency (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

                  7 Puget Sound Clean Air Agency (07/01/2001). Note: delegation of subpart S applies to all applicable facilities and processes exept Kraft and Sulfite Pulping Mills (see footnote 12). For information about delegation of subpart M, see paragraph (a)(48)(ii) of this section.

                  8 Spokane County Air Pollution Control Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

                  9 Southwest Clean Air Agency (08/01/1998). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

                  10 Yakima Regional Clean Air Authority (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

                  11 General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to monitoring, and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see § 63.90.

                  12 Subpart S of this part as it pertains to Kraft and Sulfite Pulping Mills cannot be delegated to any local agencies in Washington. The Washington State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

                  13 Subpart LL of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole authority to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.

                  14 Subpart MM of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

              (ii) Affected area sources within Puget Sound Clean Air's jurisdiction must comply with Puget Sound Clean Air's Regulation III, sections 3.03, Perchloroethylene Dry Cleaners, (incorporated by reference as specified in 40 CFR 63.14) as follows:

              (A) The material incorporated in Puget Sound Clean Air's Regulation III, section 3.03, Perchloroethylene Dry Cleaners, pertains to the perchloroethylene dry cleaning source category in the Puget Sound Clean Air jurisdiction, and has been approved under the procedures in 40 CFR 63.93 to be implemented and enforced in place of the federal NESHAPs for Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M), for area sources, as defined in 40 CFR 63.320(h).
              (1) Authorities not delegated.
              (i) Puget Sound Clean Air is not delegated the authority to implement and enforce Puget Sound Clean Air Regulation III, sections 3.03 in lieu of those provisions of Subpart M which applies to major sources, as defined in 40 CFR 63.320(g). Dry cleaning facilities which are major sources remain subject to subpart M.
              (ii) Puget Sound Clean Air is not delegated the authority of 40 CFR 63.325 to determine equivalency of emissions control technologies. Any source seeking permission to use an alternative means of emission limitation under Puget Sound Clean Air Regulation I, section 3.23 must also receive approval from the Administrator before using such alternative means of emission limitation for the purpose of complying with section 112.
              (B) [Reserved]

                Note to paragraph (a)(48):
                Dates in parenthesis indicate the effective date of the federal rules that have been adopted by and delegated to the state or local air pollution control agency. Therefore, any amendments made to these delegated rules after this effective date are not delegated to the agency.

              (49) West Virginia. (i) West Virginia is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the West Virginia Department of Environmental Protection, dated March 19, 2001, and any mutually acceptable amendments to that agreement.
              (ii) West Virginia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the West Virginia Department of Environmental Protection and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated April 2, 2002, effective June 3, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.
              [61 FR 25399, May 21, 1996]

                Editorial Note:
                For Federal Register citations affecting § 63.99, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

            Subpart F—National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry

              Source:
              59 FR 19454, Apr. 22, 1994, unless otherwise noted.

              § 63.100
              Applicability and designation of source.
              (a) This subpart provides applicability provisions, definitions, and other general provisions that are applicable to subparts G and H of this part.
              (b) Except as provided in paragraphs (b)(4) and (c) of this section, the provisions of subparts F, G, and H of this part apply to chemical manufacturing process units that meet all the criteria specified in paragraphs (b)(1), (b)(2), and (b)(3) of this section:
              (1) Manufacture as a primary product one or more of the chemicals listed in paragraphs (b)(1)(i) or (b)(1)(ii) of this section.
              (i) One or more of the chemicals listed in table 1 of this subpart; or
              (ii) One or more of the chemicals listed in paragraphs (b)(1)(ii)(A) or (b)(1)(ii)(B) of this section:
              (A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or
              (B) Crotonaldehyde (CAS Number 123-73-9).
              (2) Use as a reactant or manufacture as a product, or co-product, one or more of the organic hazardous air pollutants listed in table 2 of this subpart;
              (3) Are located at a plant site that is a major source as defined in section 112(a) of the Act.

              (4) The owner or operator of a chemical manufacturing processing unit is exempt from all requirements of subparts F, G, and H of this part until not later than April 22, 1997 if the owner or operator certifies, in a notification to the appropriate EPA Regional Office, not later than May 14, 1996, that the plant site at which the chemical manufacturing processing unit is located emits, and will continue to emit, during any 12-month period, less than 10 tons per year of any individual hazardous air pollutants (HAP), and less than 25 tons per year of any combination of HAP.
              (i) If such a determination is based on limitations and conditions that are not federally enforceable (as defined in subpart A of this part), the owner or operator shall document the basis for the determination as specified in paragraphs (b)(4)(i)(A) through (b)(4)(i)(C) and comply with the recordkeeping requirement in 63.103(f).
              (A) The owner or operator shall identify all HAP emission points at the plant site, including those emission points subject to and emission points not subject to subparts F, G, and H;
              (B) The owner or operator shall calculate the amount of annual HAP emissions released from each emission point at the plant site, using acceptable measurement or estimating techniques for maximum expected operating conditions at the plant site. Examples of estimating procedures that are considered acceptable include the calculation procedures in § 63.150 of subpart G, the early reduction demonstration procedures specified in §§ 63.74 (c)(2), (c)(3), (d)(2), (d)(3), and (g), or accepted engineering practices. If the total annual HAP emissions for the plant site are annually reported under Emergency Planning and Community Right-to-Know Act (EPCRA) section 313, then such reported annual emissions may be used to satisfy the requirements of § 63.100(b)(4)(i)(B).
              (C) The owner or operator shall sum the amount of annual HAP emissions from all emission points on the plant site. If the total emissions of any one HAP are less than 10 tons per year and the total emissions of any combination of HAP are less than 25 tons per year, the plant site qualifies for the exemption described in paragraph (b)(4) of this section, provided that emissions are kept below these thresholds.
              (ii) If such a determination is based on limitations and conditions that are federally enforceable (as defined in subpart A of this part), the owner or operator is not subject to the provisions of paragraph (b)(4) of this section.
              (c) The owner or operator of a chemical manufacturing process unit that meets the criteria specified in paragraphs (b)(1) and (b)(3) of this section but does not use as a reactant or manufacture as a product or co-product, any organic hazardous air pollutant listed in table 2 of this subpart shall comply only with the requirements of § 63.103(e) of this subpart. To comply with this subpart, such chemical manufacturing process units shall not be required to comply with the provisions of subpart A of this part.
              (d) The primary product of a chemical manufacturing process unit shall be determined according to the procedures specified in paragraphs (d)(1), (d)(2), (d)(3), and (d)(4) of this section.
              (1) If a chemical manufacturing process unit produces more than one intended chemical product, the product with the greatest annual design capacity on a mass basis determines the primary product of the process.
              (2) If a chemical manufacturing process unit has two or more products that have the same maximum annual design capacity on a mass basis and if one of those chemicals is listed in table 1 of this subpart, then the listed chemical is considered the primary product and the chemical manufacturing process unit is subject to this subpart. If more than one of the products is listed in table 1 of this subpart, then the owner or operator may designate as the primary product any of the listed chemicals and the chemical manufacturing process unit is subject to this subpart.
              (3) For chemical manufacturing process units that are designed and operated as flexible operation units producing one or more chemicals listed in table 1 of this subpart, the primary product shall be determined for existing sources based on the expected utilization for the five years following April 22, 1994 and for new sources based on the expected utilization for the first five years after initial start-up.

              (i) If the predominant use of the flexible operation unit, as described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section, is to produce one or more chemicals listed in table 1 of this subpart, then the flexible operation unit shall be subject to the provisions of subparts F, G, and H of this part.
              (A) If the flexible operation unit produces one product for the greatest annual operating time, then that product shall represent the primary product of the flexible operation unit.
              (B) If the flexible operation unit produces multiple chemicals equally based on operating time, then the product with the greatest annual production on a mass basis shall represent the primary product of the flexible operation unit.
              (ii) The determination of applicability of this subpart to chemical manufacturing process units that are designed and operated as flexible operation units shall be reported as part of an operating permit application or as otherwise specified by the permitting authority.
              (4) Notwithstanding the provisions of paragraph (d)(3) of this section, for chemical manufacturing process units that are designed and operated as flexible operation units producing a chemical listed in paragraph (b)(1)(ii) of this section, the primary product shall be determined for existing sources based on the expected utilization for the five years following May 12, 1998 and for new sources based on the expected utilization for the first five years after initial start-up.
              (i) The predominant use of the flexible operation unit shall be determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section. If the predominant use is to produce one of the chemicals listed in paragraph (b)(1)(ii) of this section, then the flexible operation unit shall be subject to the provisions of this subpart and subparts G and H of this part.
              (ii) The determination of applicability of this subpart to chemical manufacturing process units that are designed and operated as flexible operation units shall be reported as part of an operating permit application or as otherwise specified by the permitting authority.
              (e) The source to which this subpart applies is the collection of all chemical manufacturing process units and the associated equipment at a major source that meet the criteria specified in paragraphs (b)(1) through (3) of this section. The source includes the process vents; storage vessels; transfer racks; waste management units; maintenance wastewater; heat exchange systems; equipment identified in § 63.149; and pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, instrumentation systems, surge control vessels, and bottoms receivers that are associated with that collection of chemical manufacturing process units. The source also includes equipment required by, or utilized as a method of compliance with, subparts F, G, or H of this part which may include control devices and recovery devices.
              (1) This subpart applies to maintenance wastewater and heat exchange systems within a source that is subject to this subpart.
              (2) This subpart F and subpart G of this part apply to process vents, storage vessels, transfer racks, equipment identified in § 63.149 of subpart G of this part, and wastewater streams and associated treatment residuals within a source that is subject to this subpart.
              (3) This subpart F and subpart H of this part apply to pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, instrumentation systems, surge control vessels, and bottoms receivers within a source that is subject to this subpart. If specific items of equipment, comprising part of a chemical manufacturing process unit subject to this subpart, are managed by different administrative organizations (e.g., different companies, affiliates, departments, divisions, etc.), those items of equipment may be aggregated with any chemical manufacturing process unit within the source for all purposes under subpart H of this part, providing there is no delay in the applicable compliance date in § 63.100(k).

              (f) The source includes the emission points listed in paragraphs (f)(1) through (f)(11) of this section, but those emission points are not subject to the requirements of this subpart F and subparts G and H of this part. This subpart does not require emission points that are listed in paragraphs (f)(1) through (f)(11) of this section to comply with the provisions of subpart A of this part.
              (1) Equipment that is located within a chemical manufacturing process unit that is subject to this subpart but the equipment does not contain organic hazardous air pollutants.
              (2) Stormwater from segregated sewers;
              (3) Water from fire-fighting and deluge systems in segregated sewers;
              (4) Spills;
              (5) Water from safety showers;
              (6) Water from testing of deluge systems;
              (7) Water from testing of firefighting systems;
              (8) Vessels storing organic liquids that contain organic hazardous air pollutants only as impurities;
              (9) Loading racks, loading arms, or loading hoses that only transfer liquids containing organic hazardous air pollutants as impurities;
              (10) Loading racks, loading arms, or loading hoses that vapor balance during all loading operations; and
              (11) Equipment that is intended to operate in organic hazardous air pollutant service, as defined in § 63.161 of subpart H of this part, for less than 300 hours during the calendar year.
              (g) The owner or operator shall follow the procedures specified in paragraphs (g)(1) through (g)(4) of this section to determine whether a storage vessel is part of the source to which this subpart applies.
              (1) Where a storage vessel is dedicated to a chemical manufacturing process unit, the storage vessel shall be considered part of that chemical manufacturing process unit.
              (i) If the chemical manufacturing process unit is subject to this subpart according to the criteria specified in paragraph (b) of this section, then the storage vessel is part of the source to which this subpart applies.
              (ii) If the chemical manufacturing process unit is not subject to this subpart according to the criteria specified in paragraph (b) of this section, then the storage vessel is not part of the source to which this subpart applies.
              (2) If a storage vessel is not dedicated to a single chemical manufacturing process unit, then the applicability of this subpart F and subpart G of this part shall be determined according to the provisions in paragraphs (g)(2)(i) through (g)(2)(iii) of this section.
              (i) If a storage vessel is shared among chemical manufacturing process units and one of the process units has the predominant use, as determined by paragraph (g)(2)(i)(A) and (g)(2)(i)(B) of this section, then the storage vessel is part of that chemical manufacturing process unit.
              (A) If the greatest input into the storage vessel is from a chemical manufacturing process unit that is located on the same plant site, then that chemical manufacturing process unit has the predominant use.
              (B) If the greatest input into the storage vessel is provided from a chemical manufacturing process unit that is not located on the same plant site, then the predominant use is the chemical manufacturing process unit on the same plant site that receives the greatest amount of material from the storage vessel.
              (ii) If a storage vessel is shared among chemical manufacturing process units so that there is no single predominant use, and at least one of those chemical manufacturing process units is subject to this subpart, the storage vessel shall be considered to be part of the chemical manufacturing process unit that is subject to this subpart. If more than one chemical manufacturing process unit is subject to this subpart, the owner or operator may assign the storage vessel to any of the chemical manufacturing process units subject to this subpart.
              (iii) If the predominant use of a storage vessel varies from year to year, then the applicability of this subpart shall be determined according to the criteria in paragraphs (g)(2)(iii)(A) and (g)(2)(iii)(B) of this section, as applicable. This determination shall be reported as part of an operating permit application or as otherwise specified by the permitting authority.

              (A) For chemical manufacturing process units that produce one or more of the chemicals listed in table 1 of this subpart and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the 12-month period preceding April 22, 1994.
              (B) For chemical manufacturing process units that produce one or more of the chemicals listed in paragraph (b)(1)(ii) of this section and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the 12-month period preceding May 12, 1998.
              (iv) If there is a change in the material stored in the storage vessel, the owner or operator shall reevaluate the applicability of this subpart to the vessel.
              (3) Where a storage vessel is located at a major source that includes one or more chemical manufacturing process units which place material into, or receive materials from the storage vessel, but the storage vessel is located in a tank farm (including a marine tank farm), the applicability of this subpart F and subpart G of this part shall be determined according to the provisions in paragraphs (g)(3)(i) through (g)(3)(iv) of this section.
              (i) The storage vessel may only be assigned to a chemical manufacturing process unit that utilizes the storage vessel and does not have an intervening storage vessel for that product (or raw material, as appropriate). With respect to any chemical manufacturing process unit, an intervening storage vessel means a storage vessel connected by hard-piping to the chemical manufacturing process unit and to the storage vessel in the tank farm so that product or raw material entering or leaving the chemical manufacturing process unit flows into (or from) the intervening storage vessel and does not flow directly into (or from) the storage vessel in the tank farm.
              (ii) If there is no chemical manufacturing process unit at the major source that meets the criteria of paragraph (g)(3)(i) of this section with respect to a storage vessel, this subpart F and subpart G of this part do not apply to the storage vessel.
              (iii) If there is only one chemical manufacturing process unit at the major source that meets the criteria of paragraph (g)(3)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to that chemical manufacturing process unit. Applicability of this subpart F and subpart G to this part to the storage vessel shall then be determined according to the provisions of paragraph (b) of this section.
              (iv) If there are two or more chemical manufacturing process units at the major source that meet the criteria of paragraph (g)(3)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to one of those chemical manufacturing process units according to the provisions of paragraph (g)(2) of this section. The predominant use shall be determined among only those chemical manufacturing process units that meet the criteria of paragraph (g)(3)(i) of this section. Applicability of this subpart F and subpart G of this part to the storage vessel shall then be determined according to the provisions of paragraph (b) of this section.
              (4) If the storage vessel begins receiving material from (or sending material to) another chemical manufacturing process unit, or ceases to receive material from (or send material to) a chemical manufacturing process unit, or if the applicability of this subpart F and subpart G of this part to a storage vessel has been determined according to the provisions of paragraphs (g)(2)(i) and (g)(2)(ii) of this section and there is a change so that the predominant use may reasonably have changed, the owner or operator shall reevaluate the applicability of this subpart to the storage vessel.
              (h) The owner or operator shall follow the procedures specified in paragraphs (h)(1) and (h)(2) of this section to determine whether the arms and hoses in a loading rack are part of the source to which this subpart applies.
              (1) Where a loading rack is dedicated to a chemical manufacturing process unit, the loading rack shall be considered part of that specific chemical manufacturing process unit.

              (i) If the chemical manufacturing process unit is subject to this subpart according to the criteria specified in paragraph (b) of this section and the loading rack does not meet the criteria specified in paragraphs (f)(9) and (f)(10) of this section, then the loading rack is considered a transfer rack (as defined in § 63.101 of this subpart) and is part of the source to which this subpart applies.
              (ii) If the chemical manufacturing process unit is not subject to this subpart according to the criteria specified in paragraph (b) of this section, then the loading rack is not considered a transfer rack (as defined in § 63.101 of this subpart) and is not a part of the source to which this subpart applies.
              (2) If a loading rack is shared among chemical manufacturing process units, then the applicability of this subpart F and subpart G of this part shall be determined at each loading arm or loading hose according to the provisions in paragraphs (h)(2)(i) through (h)(2)(iv) of this section.
              (i) Each loading arm or loading hose that is dedicated to the transfer of liquid organic hazardous air pollutants listed in table 2 of this subpart from a chemical manufacturing process unit to which this subpart applies is part of that chemical manufacturing process unit and is part of the source to which this subpart applies unless the loading arm or loading hose meets the criteria specified in paragraphs (f)(9) or (f)(10) of this section.
              (ii) If a loading arm or loading hose is shared among chemical manufacturing process units, and one of the chemical manufacturing process units provides the greatest amount of the material that is loaded by the loading arm or loading hose, then the loading arm or loading hose is part of that chemical manufacturing process unit.
              (A) If the chemical manufacturing process unit is subject to this subpart according to the criteria specified in paragraph (b) of this section, then the loading arm or loading hose is part of the source to which this subpart applies unless the loading arm or loading hose meets the criteria specified in paragraphs (f)(9) or (f)(10) of this section.
              (B) If the chemical manufacturing process unit is not subject to this subpart according to the criteria specified in paragraph (b) of this section, then the loading arm or loading hose is not part of the source to which this subpart applies.
              (iii) If a loading arm or loading hose is shared among chemical manufacturing process units so that there is no single predominant use as described in paragraph (h)(2)(ii) of this section and at least one of those chemical manufacturing process units is subject to this subpart, then the loading arm or hose is part of the chemical manufacturing process unit that is subject to this subpart. If more than one of the chemical manufacturing process units is subject to this subpart, the owner or operator may assign the loading arm or loading hose to any of the chemical manufacturing process units subject to this subpart.
              (iv) If the predominant use of a loading arm or loading hose varies from year to year, then the applicability of this subpart shall be determined according to the criteria in paragraphs (h)(2)(iv)(A) and (h)(2)(iv)(B) of this section, as applicable. This determination shall be reported as part of an operating permit application or as otherwise specified by the permitting authority.
              (A) For chemical manufacturing process units that produce one or more of the chemicals listed in table 1 of this subpart and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the 12-month period preceding April 22, 1994.
              (B) For chemical manufacturing process units that produce one or more of the chemicals listed in paragraph (b)(1)(ii) of this section and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the year preceding May 12, 1998.

              (3) If a loading rack that was dedicated to a single chemical manufacturing process unit begins to serve another chemical manufacturing process unit, or if applicability was determined under the provisions of paragraphs (h)(2)(i) through (h)(2)(iii) of this section and there is a change so that the predominant use may reasonably have changed, the owner or operator shall reevaluate the applicability of this subpart to the loading rack, loading arm, or loading hose.

              (i) Except as provided in paragraph (i)(4) of this section, the owner or operator shall follow the procedures specified in paragraphs (i)(1) through (i)(3) and (i)(5) of this section to determine whether the vent(s) from a distillation unit is part of the source to which this subpart applies.
              (1) Where a distillation unit is dedicated to a chemical manufacturing process unit, the distillation column shall be considered part of that chemical manufacturing process unit.
              (i) If the chemical manufacturing process unit is subject to this subpart according to the criteria specified in paragraph (b) of this section, then the distillation unit is part of the source to which this subpart applies.
              (ii) If the chemical manufacturing process unit is not subject to this subpart according to the criteria specified in paragraph (b) of this section, then the distillation unit is not part of the source to which this subpart applies.
              (2) If a distillation unit is not dedicated to a single chemical manufacturing process unit, then the applicability of this subpart and subpart G of this part shall be determined according to the provisions in paragraphs (i)(2)(i) through (i)(2)(iv) of this section.
              (i) If the greatest input to the distillation unit is from a chemical manufacturing process unit located on the same plant site, then the distillation unit shall be assigned to that chemical manufacturing process unit.
              (ii) If the greatest input to the distillation unit is provided from a chemical manufacturing process unit that is not located on the same plant site, then the distillation unit shall be assigned to the chemical manufacturing process unit located at the same plant site that receives the greatest amount of material from the distillation unit.
              (iii) If a distillation unit is shared among chemical manufacturing process units so that there is no single predominant use as described in paragraphs (i)(2)(i) and (i)(2)(ii) of this section, and at least one of those chemical manufacturing process units is subject to this subpart, the distillation unit shall be assigned to the chemical manufacturing process unit that is subject to this subpart. If more than one chemical manufacturing process unit is subject to this subpart, the owner or operator may assign the distillation unit to any of the chemical manufacturing process units subject to this subpart.
              (iv) If the predominant use of a distillation unit varies from year to year, then the applicability of this subpart shall be determined according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B), as applicable. This determination shall be included as part of an operating permit application or as otherwise specified by the permitting authority.
              (A) For chemical manufacturing process units that produce one or more of the chemicals listed in table 1 of this subpart and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the year preceding April 22, 1994.
              (B) For chemical manufacturing process units that produce one or more of the chemicals listed in paragraph (b)(1)(ii) of this section and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the year preceding May 12, 1998.
              (3) If the chemical manufacturing process unit to which the distillation unit is assigned is subject to this subpart, then each vent from the individual distillation unit shall be considered separately to determine whether it is a process vent (as defined in § 63.101 of this subpart). Each vent that is a process vent is part of the source to which this subpart applies.
              (4) If the distillation unit is part of one of the chemical manufacturing process units listed in paragraphs (i)(4)(i) through (i)(4)(iii) of this section, then each vent from the individual distillation unit shall be considered separately to determine whether it is a process vent (as defined in § 63.101 of this subpart). Each vent that is a process vent is part of the source to which this subpart applies:
              (i) The Aromex unit that produces benzene, toluene, and xylene;
              (ii) The unit that produces hexane; or
              (iii) The unit that produces cyclohexane.

              (5) If a distillation unit that was dedicated to a single chemical manufacturing process unit, or that was part of a chemical manufacturing unit identified in paragraphs (i)(4)(i) through (i)(4)(iii) of this section, begins to serve another chemical manufacturing process unit, or if applicability was determined under the provisions of paragraphs (i)(2)(i) through (i)(2)(iii) of this section and there is a change so that the predominant use may reasonably have changed, the owner or operator shall reevaluate the applicability of this subpart to the distillation unit.
              (j) The provisions of subparts F, G, and H of this part do not apply to the processes specified in paragraphs (j)(1) through (j)(6) of this section. Subparts F, G, and H do not require processes specified in paragraphs (j)(1) through (j)(6) to comply with the provisions of subpart A of this part.
              (1) Research and development facilities, regardless of whether the facilities are located at the same plant site as a chemical manufacturing process unit that is subject to the provisions of subparts F, G, or H of this part.
              (2) Petroleum refining process units, regardless of whether the units supply feedstocks that include chemicals listed in table 1 of this subpart to chemical manufacturing process units that are subject to the provisions of subparts F, G, or H of this part.
              (3) Ethylene process units, regardless of whether the units supply feedstocks that include chemicals listed in table 1 of this subpart to chemical manufacturing process units that are subject to the provisions of subpart F, G, or H of this part.
              (4) Batch process vents within a chemical manufacturing process unit.
              (5) Chemical manufacturing process units that are located in coke by-product recovery plants.
              (6) Solvent reclamation, recovery, or recycling operations at hazardous waste TSDF facilities requiring a permit under 40 CFR part 270 that are separate entities and not part of a SOCMI chemical manufacturing process unit.
              (k) Except as provided in paragraphs (l), (m), and (p) of this section, sources subject to subparts F, G, or H of this part are required to achieve compliance on or before the dates specified in paragraphs (k)(1) through (k)(8) of this section.
              (1)(i) New sources that commence construction or reconstruction after December 31, 1992, but before August 27, 1996 shall be in compliance with this subpart F, subparts G and H of this part upon initial start-up or by April 22, 1994, whichever is later, as provided in § 63.6(b) of subpart A of this part, and further, where start-up occurs before January 17, 1997 shall also be in compliance with this subpart F and subparts G and H of this part (as amended on January 17, 1997) by January 17, 1997, except that, with respect to all new sources that commenced construction or reconstruction after December 31, 1992, and before August 27, 1996:
              (A) Heat exchange systems and maintenance wastewater, that are part of a new source on which construction or reconstruction commenced after December 31, 1992, but before August 27, 1996, shall be in compliance with this subpart F no later than initial start-up or 180 days after January 17, 1997, whichever is later;
              (B) Process wastewater streams and equipment subject to § 63.149, that are part of a new source on which construction or reconstruction commenced after December 31, 1992, but before August 27, 1996, shall be in compliance with this subpart F and subpart G of this part no later than initial start-up or 180 days after January 17, 1997, whichever is later; and
              (ii) New sources that commence construction after August 26, 1996 shall be in compliance with this subpart F, subparts G and H of this part upon initial start-up or by January 17, 1997, whichever is later.
              (2) Existing sources shall be in compliance with this subpart F and subpart G of this part no later than the dates specified in paragraphs (k)(2)(i) and (k)(2)(ii) of this section, unless an extension has been granted by the Administrator as provided in § 63.151(a)(6) of subpart G of this part or granted by the permitting authority as provided in § 63.6(i) of subpart A of this part.

              (i) Process vents, storage vessels, and transfer racks at an existing source shall be in compliance with the applicable sections of this subpart and subpart G of this part no later than April 22, 1997.
              (ii) Heat exchange systems and maintenance wastewater shall be in compliance with the applicable sections of this subpart, and equipment subject to § 63.149 and process wastewater streams shall be in compliance with the applicable sections of this subpart and subpart G of this part no later than April 22, 1999, except as provided in paragraphs (k)(2)(ii)(A) and (k)(2)(ii)(B) of this section.
              (A) If a process wastewater stream or equipment subject to § 63.149 is subject to the control requirements of subpart G of this part due to the contribution of nitrobenzene to the total annual average concentration (as determined according to the procedures in § 63.144(b) of subpart G of this part), the wastewater stream shall be in compliance no later than January 18, 2000.
              (B) If a process wastewater stream is used to generate credits in an emissions average in accordance with § 63.150 of subpart G of this part, the process wastewater stream shall be in compliance with the applicable sections of subpart G of this part no later than April 22, 1997.
              (3) Existing sources shall be in compliance with subpart H of this part no later than the dates specified in paragraphs (k)(3)(i) through (k)(3)(v) of this section, except as provided for in paragraphs (k)(4) through (k)(8) of this section, unless an extension has been granted by the Administrator as provided in § 63.182(a)(6) of this part or granted by the permitting authority as provided in § 63.6(i) of subpart A of this part. The group designation for each process unit is indicated in table 1 of this subpart.
              (i) Group I: October 24, 1994.
              (ii) Group II: January 23, 1995.
              (iii) Group III: April 24, 1995.
              (iv) Group IV: July 24, 1995.
              (v) Group V: October 23, 1995.
              (4) Existing chemical manufacturing process units in Groups I and II as identified in table 1 of this subpart shall be in compliance with the requirements of § 63.164 of subpart H no later than May 10, 1995, for any compressor meeting one or more of the criteria in paragraphs (k)(4)(i) through (k)(4)(iv) of this section, if the work can be accomplished without a process unit shutdown, as defined in § 63.161 in subpart H.
              (i) The seal system will be replaced;
              (ii) A barrier fluid system will be installed;
              (iii) A new barrier fluid will be utilized which requires changes to the existing barrier fluid system; or
              (iv) The compressor must be modified to permit connecting the compressor to a closed vent system.
              (5) Existing chemical manufacturing process units shall be in compliance with the requirements of § 63.164 in subpart H no later than 1 year after the applicable compliance date specified in paragraph (k)(3) of this section, for any compressor meeting the criteria in paragraphs (k)(5)(i) through (k)(5)(iv) of this section.
              (i) The compressor meets one or more of the criteria specified in paragraphs (k)(4) (i) through (iv) of this section;
              (ii) The work can be accomplished without a process unit shutdown as defined in § 63.161 of subpart H;
              (iii) The additional time is actually necessary due to the unavailability of parts beyond the control of the owner or operator; and
              (iv) The owner or operator submits a request to the appropriate EPA Regional Office at the addresses listed in § 63.13 of subpart A of this part no later than 45 days before the applicable compliance date in paragraph (k)(3) of this section, but in no event earlier than May 10, 1995. The request shall include the information specified in paragraphs (k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless the EPA Regional Office objects to the request within 30 days after receipt, the request shall be deemed approved.
              (A) The name and address of the owner or operator and the address of the existing source if it differs from the address of the owner or operator;
              (B) The name, address, and telephone number of a contact person for further information;

              (C) An identification of the chemical manufacturing process unit, and of the specific equipment for which additional compliance time is required;

              (D) The reason compliance can not reasonably be achieved by the applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of this section; and
              (E) The date by which the owner or operator expects to achieve compliance.
              (6)(i) If compliance with the compressor provisions of § 63.164 of subpart H of this part can not reasonably be achieved without a process unit shutdown, as defined in § 63.161 of subpart H, the owner or operator shall achieve compliance no later than April 22, 1996, except as provided for in paragraph (k)(6)(ii) of this section. The owner or operator who elects to use this provision shall comply with the requirements of § 63.103(g) of this subpart.
              (ii) If compliance with the compressor provisions of § 63.164 of subpart H of this part can not be achieved without replacing the compressor or recasting the distance piece, the owner or operator shall achieve compliance no later than April 22, 1997. The owner or operator who elects to use this provision shall also comply with the requirements of § 63.103(g) of this subpart.
              (7) Existing sources shall be in compliance with the provisions of § 63.170 of subpart H no later than April 22, 1997.
              (8) If an owner or operator of a chemical manufacturing process unit subject to the provisions of subparts F, G, and H of part 63 plans to implement pollution prevention measures to eliminate the use or production of HAP listed in table 2 of this subpart by October 23, 1995, the provisions of subpart H do not apply regardless of the compliance dates specified in paragraph (k)(3) of this section. The owner or operator who elects to use this provision shall comply with the requirements of § 63.103(h) of this subpart.
              (9) All terms in this subpart F or subpart G of this part that define a period of time for completion of required tasks (e.g., weekly, monthly, quarterly, annual), unless specified otherwise in the section or subsection that imposes the requirement, refer to the standard calendar periods.
              (i) Notwithstanding time periods specified in this subpart F or subpart G of this part for completion of required tasks, such time periods may be changed by mutual agreement between the owner or operator and the Administrator, as specified in subpart A of this part (e.g., a period could begin on the compliance date or another date, rather than on the first day of the standard calendar period). For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period.
              (ii) Where the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in paragraphs (k)(9)(ii)(A) or (k)(9)(ii)(B) of this section, as appropriate.
              (A) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or
              (B) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs.
              (iii) In all instances where a provision of this subpart F or subpart G of this part requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period, provided the task is conducted at a reasonable interval after completion of the task during the previous period.
              (l)(1) If an additional chemical manufacturing process unit meeting the criteria specified in paragraph (b) of this section is added to a plant site that is a major source as defined in section 112(a) of the Act, the addition shall be subject to the requirements for a new source in subparts F, G, and H of this part if:
              (i) It is an addition that meets the definition of construction in § 63.2 of subpart A of this part;

              (ii)(A) Such construction commenced after December 31, 1992 for chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in table 1 of this subpart;
              (B) Such construction commenced after August 22, 1997 for chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in paragraph (b)(1)(ii) of this section; and
              (iii) The addition has the potential to emit 10 tons per year or more of any HAP or 25 tons per year or more of any combination of HAP's, unless the Administrator establishes a lesser quantity.
              (2) If any change is made to a chemical manufacturing process unit subject to this subpart, the change shall be subject to the requirements of a new source in subparts F, G, and H of this part if:
              (i) It is a change that meets the definition of reconstruction in § 63.2 of subpart A of this part; and
              (ii)(A) Such reconstruction commenced after December 31, 1992 for chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in table 1 of this subpart; and
              (B) Such construction commenced after August 22, 1997 for chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in paragraph (b)(1)(ii) of this section.
              (3) If an additional chemical manufacturing process unit is added to a plant site or a change is made to a chemical manufacturing process unit and the addition or change is determined to be subject to the new source requirements according to paragraph (l)(1) or (l)(2) of this section:
              (i) The new or reconstructed source shall be in compliance with the new source requirements of subparts F, G, and H of this part upon initial start-up of the new or reconstructed source or by April 22, 1994, whichever is later; and
              (ii) The owner or operator of the new or reconstructed source shall comply with the reporting and recordkeeping requirements in subparts F, G, and H of this part that are applicable to new sources. The applicable reports include, but are not limited to:
              (A) The application for approval of construction or reconstruction which shall be submitted by the date specified in § 63.151(b)(2)(ii) of subpart G of this part, or an Initial Notification as specified in § 63.151(b)(2)(iii) of subpart G of this part;
              (B) Changes that meet the criteria in § 63.151(j) of subpart G of this part, unless the information has been submitted in an operating permit application or amendment;
              (C) The Notification of Compliance Status as required by § 63.152(b) of subpart G of this part for the new or reconstructed source;
              (D) Periodic Reports and Other Reports as required by § 63.152(c) and (d) of subpart G of this part;
              (E) Reports required by § 63.182 of subpart H of this part; and
              (F) Reports and notifications required by sections of subpart A of this part that are applicable to subparts F, G, and H of this part, as identified in table 3 of this subpart.

              (4) If an additional chemical manufacturing process unit is added to a plant site, or if an emission point is added to an existing chemical manufacturing process unit, or if another deliberate operational process change creating an additional Group 1 emission point(s) is made to an existing chemical manufacturing process unit, or if a surge control vessel or bottoms receiver becomes subject to § 63.170 of subpart H, or if a compressor becomes subject to § 63.164 of subpart H, and if the addition or change is not subject to the new source requirements as determined according to paragraph (l)(1) or (l)(2) of this section, the requirements in paragraphs (l)(4)(i) through (l)(4)(iii) of this section shall apply. Examples of process changes include, but are not limited to, changes in production capacity, feedstock type, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph and paragraph (m) of this section, process changes do not include: Process upsets, unintentional temporary process changes, and changes that are within the equipment configuration and operating conditions documented in the Notification of Compliance Status required by § 63.152(b) of subpart G of this part.
              (i) The added emission point(s) and any emission point(s) within the added or changed chemical manufacturing process unit are subject to the requirements of subparts F, G, and H of this part for an existing source;
              (ii) The added emission point(s) and any emission point(s) within the added or changed chemical manufacturing process unit shall be in compliance with subparts F, G, and H of this part by the dates specified in paragraph (l)(4)(ii) (A) or (B) of this section, as applicable.
              (A) If a chemical manufacturing process unit is added to a plant site or an emission point(s) is added to an existing chemical manufacturing process unit, the added emission point(s) shall be in compliance upon initial start-up of the added chemical manufacturing process unit or emission point(s) or by 3 years after April 22, 1994, whichever is later.
              (B) If a deliberate operational process change to an existing chemical manufacturing process unit causes a Group 2 emission point to become a Group 1 emission point, if a surge control vessel or bottoms receiver becomes subject to § 63.170 of subpart H, or if a compressor becomes subject to § 63.164 of subpart H, the owner or operator shall be in compliance upon initial start-up or by 3 years after April 22, 1994, whichever is later, unless the owner or operator demonstrates to the Administrator that achieving compliance will take longer than making the change. If this demonstration is made to the Administrator's satisfaction, the owner or operator shall follow the procedures in paragraphs (m)(1) through (m)(3) of this section to establish a compliance date.
              (iii) The owner or operator of a chemical manufacturing process unit or emission point that is added to a plant site and is subject to the requirements for existing sources shall comply with the reporting and recordkeeping requirements of subparts F, G, and H of this part that are applicable to existing sources, including, but not limited to, the reports listed in paragraphs (l)(4)(iii) (A) through (E) of this section. A change to an existing chemical manufacturing process unit shall be subject to the reporting requirements for existing sources, including but not limited to, the reports listed in paragraphs (l)(4)(iii)(A) through (E) of this section if the change meets the criteria specified in § 63.118(g), (h), (i), or (j) of subpart G of this part for process vents or the criteria in § 63.155(i) or (j) of subpart G of this part. The applicable reports include, but are not limited to:
              (A) Reports specified in § 63.151(i) and (j) of subpart G of this part, unless the information has been submitted in an operating permit application or amendment;
              (B) The Notification of Compliance Status as required by § 63.152(b) of subpart G of this part for the emission points that were added or changed;
              (C) Periodic Reports and other reports as required by § 63.152 (c) and (d) of subpart G of this part;
              (D) Reports required by § 63.182 of subpart H of this part; and
              (E) Reports and notifications required by sections of subpart A of this part that are applicable to subparts F, G, and H of this part, as identified in table 3 of this subpart.
              (m) If a change that does not meet the criteria in paragraph (l)(4) of this section is made to a chemical manufacturing process unit subject to subparts F and G of this part, and the change causes a Group 2 emission point to become a Group 1 emission point (as defined in § 63.111 of subpart G of this part), then the owner or operator shall comply with the requirements of subpart G of this part for the Group 1 emission point as expeditiously as practicable, but in no event later than 3 years after the emission point becomes Group 1.
              (1) The owner or operator shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule.

              (2) The compliance schedule shall be submitted with the report required in § 63.151(i)(2) of subpart G of this part for emission points included in an emissions average or § 63.151(j)(1) or subpart G of this part for emission points not in an emissions average, unless the compliance schedule has been submitted in an operating permit application or amendment.
              (3) The Administrator shall approve the compliance schedule or request changes within 120 calendar days of receipt of the compliance schedule and justification.
              (n) Rules stayed for reconsideration. Notwithstanding any other provision of this subpart, the effectiveness of subpart F is stayed from October 24, 1994, to April 24, 1995, only as applied to those sources for which the owner or operator makes a representation in writing to the Administrator that the resolution of the area source definition issues could have an effect on the compliance status of the source with respect to subpart F.
              (o) Sections stayed for reconsideration. Notwithstanding any other provision of this subpart, the effectiveness of §§ 63.164 and 63.170 of subpart H is stayed from October 28, 1994, to April 24, 1995, only as applied to those sources subject to § 63.100(k)(3) (i) and (ii).
              (p) Compliance dates for chemical manufacturing process units that produce crotonaldehyde or tetrahydrobenzaldehyde. Notwithstanding the provisions of paragraph (k) of this section, chemical manufacturing process units that meet the criteria in paragraphs (b)(1)(ii), (b)(2), and (b)(3) of this section shall be in compliance with this subpart and subparts G and H of this part by the dates specified in paragraphs (p)(1) and (p)(2) of this section, as applicable.
              (1) If the source consists only of chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in paragraph (b)(1)(ii) of this section, new sources shall comply by the date specified in paragraph (p)(1)(i) of this section and existing sources shall comply by the dates specified in paragraphs (p)(1)(ii) and (p)(1)(iii) of this section.
              (i) Upon initial start-up or May 12, 1998, whichever is later.
              (ii) This subpart and subpart G of this part by May 14, 2001, unless an extension has been granted by the Administrator as provided in § 63.151(a)(6) or granted by the permitting authority as provided in § 63.6(i) of subpart A of this part. When April 22, 1994 is referred to in this subpart and subpart G of this part, May 12, 1998 shall be used as the applicable date for that provision. When December 31, 1992 is referred to in this subpart and subpart G of this part, August 22, 1997 shall be used as the applicable date for that provision.
              (iii) Subpart H of this part by May 12, 1999, unless an extension has been granted by the Administrator as provided in § 63.151(a)(6) or granted by the permitting authority as provided in § 63.6(i) of subpart A of this part. When April 22, 1994 is referred to in subpart H of this part, May 12, 1998 shall be used as the applicable date for that provision. When December 31, 1992 is referred to in subpart H of this part, August 22, 1997 shall be used as the applicable date for that provision.
              (2) If the source consists of a combination of chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of this section, new chemical manufacturing process units that meet the criteria in paragraph (b)(1)(ii) of this section shall comply by the date specified in paragraph (p)(1)(i) of this section and existing chemical manufacturing process units producing crotonaldehyde and/or tetrahydrobenzaldehyde shall comply by the dates specified in paragraphs (p)(1)(ii) and (p)(1)(iii) of this section.

              (q) If the owner or operator of a process vent, or of a gas stream transferred subject to § 63.113(i), is unable to comply with the provisions of §§ 63.113 through 63.118 by the applicable compliance date specified in paragraph (k),(l), or (m) of this section for the reasons stated in paragraph (q)(1),(3), or (5) of this section, the owner or operator shall comply with the applicable provisions in §§ 63.113 through 63.118 as expeditiously as practicable, but in no event later than the date approved by the Administrator pursuant to paragraph (q)(2), (4), or (6) of this section, respectively. For requests under paragraph (q)(1) or (3) of this section, the date approved by the Administrator may be earlier than, and shall not be later than, the later of January 22, 2004 or 3 years after the transferee's refusal to accept the stream for disposal. For requests submitted under paragraph (q)(5) of this section, the date approved by the Administrator may be earlier than, and shall not be later than, 3 years after the date of publication of the amendments to this subpart or to subpart G of this part which created the need for an extension of the compliance.
              (1) If the owner or operator has been sending a gas stream for disposal as described in § 63.113(i) prior to January 22, 2001, and the transferee does not submit a written certification as described in § 63.113(i)(2) and ceases to accept the gas stream for disposal, the owner or operator shall comply with paragraph (q)(2) of this section.
              (2)(i) An owner or operator directed to comply with paragraph (q)(2) of this section shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule.
              (ii) The compliance schedule and justification shall be submitted no later than 90 days after the transferee ceases to accept the gas stream for disposal.
              (iii) The Administrator shall approve the compliance schedule or request changes within 120 days of receipt of the compliance schedule and justification.
              (3) If the owner or operator has been sending the gas stream for disposal as described in § 63.113(i) to a transferee who had submitted a written certification as described in § 63.113(i)(2), and the transferee revokes its written certification, the owner or operator shall comply with paragraph (q)(4) of this section. During the period between the date when the owner or operator receives notice of revocation of the transferee's written certification and the compliance date established under paragraph (q)(4) of this section, the owner or operator shall implement, to the extent reasonably available, measures to prevent or minimize excess emissions to the extent practical. For purposes of this paragraph (q)(3), the term “excess emissions” means emissions in excess of those that would have occurred if the transferee had continued managing the gas stream in compliance with the requirements in §§ 63.113 through 63.118. The measures to be taken shall be identified in the applicable startup, shutdown, and malfunction plan. If the measures that can be reasonably taken will change over time, so that a more effective measure which could not reasonably be taken initially would be reasonable at a later date, the Administrator may require the more effective measure by a specified date (in addition to or instead of any other measures taken sooner or later than that date) as a condition of approval of the compliance schedule.
              (4)(i) An owner or operator directed to comply with this paragraph (q)(4) shall submit to the Administrator for approval the documents specified in paragraphs (q)(4)(i)(A) through (E) of this section no later than 90 days after the owner or operator receives notice of revocation of the transferee's written certification.
              (A) A request for determination of a compliance date.
              (B) A justification for the request for determination of a compliance date.
              (C) A compliance schedule.
              (D) A justification for the compliance schedule.
              (E) A description of the measures that will be taken to minimize excess emissions until the new compliance date, and the date when each measure will first be implemented. The owner or operator shall describe how, and to what extent, each measure will minimize excess emissions, and shall justify any period of time when measures are not in place.
              (ii) The Administrator shall approve or disapprove the request for determination of a compliance date and the compliance schedule, or request changes, within 120 days after receipt of the documents specified in paragraphs (q)(4)(i)(A) through (E) of this section. Upon approving the request for determination and compliance schedule, the Administrator shall specify a reasonable compliance date consistent with the introductory text in paragraph (q) of this section.

              (5) If the owner's or operator's inability to meet otherwise applicable compliance deadlines is due to amendments of this subpart or of subpart G of this part published on or after January 22, 2001 and neither condition specified in paragraph (q)(1) or (3) of this section is applicable, the owner or operator shall comply with paragraph (q)(6) of this section.
              (6)(i) An owner or operator directed to comply with this paragraph (6)(i) shall submit to the Administrator for approval, a request for determination of a compliance date, a compliance schedule, a justification for the determination of a compliance date, and a justification for the compliance schedule.
              (ii) The documents required to be submitted under paragraph (q)(6)(i) of this section shall be submitted no later than 120 days after publication of the amendments of this subpart or of subpart G of this part which necessitate the request for an extension.
              (iii) The Administrator shall approve or disapprove the request for a determination of a compliance date, or request changes, within 120 days after receipt of the request for determination of a compliance date, the compliance schedule, and the two justifications. If the request for determination of a compliance date is disapproved, the compliance schedule is disapproved and the owner or operator shall comply by the applicable date specified in paragraph (k),(l), or (m) of this section. If the request for the determination of a compliance date is approved, the Administrator shall specify, at the time of approval, a reasonable compliance date consistent with the introductory text in paragraph (q) of this section.
              [59 FR 19454, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 27, 1995; 60 FR 18023, 18028, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 61 FR 7718, Feb. 29, 1996; 61 FR 64574, Dec. 5, 1996; 62 FR 2729, Jan. 17, 1997; 63 FR 26081, May 12, 1998; 64 FR 20191, Apr. 26, 1999; 66 FR 6927, Jan. 22, 2001]

              § 63.101
              Definitions.
              (a) The following terms as used in subparts F, G, and H of this part shall have the meaning given them in subpart A of this part: Act, actual emissions, Administrator, affected source, approved permit program, commenced, compliance date, construction, continuous monitoring system, continuous parameter monitoring system, effective date, emission standard, emissions averaging, EPA, equivalent emission limitation, existing source, Federally enforceable, fixed capital cost, hazardous air pollutant, lesser quantity, major source, malfunction, new source, owner or operator, performance evaluation, performance test, permit program, permitting authority, reconstruction, relevant standard, responsible official, run, standard conditions, State, and stationary source.
              (b) All other terms used in this subpart and subparts G and H of this part shall have the meaning given them in the Act and in this section. If the same term is defined in subpart A of this part and in this section, it shall have the meaning given in this section for purposes of subparts F, G, and H of this part.

                Air oxidation reactor means a device or vessel in which air, or a combination of air and oxygen, is used as an oxygen source in combination with one or more organic reactants to produce one or more organic compounds. Air oxidation reactor includes the product separator and any associated vacuum pump or steam jet.

                Batch operation means a noncontinuous operation in which a discrete quantity or batch of feed is charged into a unit operation within a chemical manufacturing process unit and processed at one time. Batch operation includes noncontinuous operations in which the equipment is fed intermittently or discontinuously. Addition of raw material and withdrawal of product do not occur simultaneously in a batch operation. After each batch operation, the equipment is generally emptied before a fresh batch is started.

                Batch process vent means gaseous venting to the atmosphere from a batch operation.

                Bottoms receiver means a tank that collects distillation bottoms before the stream is sent for storage or for further downstream processing.

                By-product means a chemical that is produced coincidentally during the production of another chemical.

                Chemical manufacturing process unit means the equipment assembled and connected by pipes or ducts to process raw materials and to manufacture an intended product. A chemical manufacturing process unit consists of more than one unit operation. For the purpose of this subpart, chemical manufacturing process unit includes air oxidation reactors and their associated product separators and recovery devices; reactors and their associated product separators and recovery devices; distillation units and their associated distillate receivers and recovery devices; associated unit operations; associated recovery devices; and any feed, intermediate and product storage vessels, product transfer racks, and connected ducts and piping. A chemical manufacturing process unit includes pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, instrumentation systems, and control devices or systems. A chemical manufacturing process unit is identified by its primary product.

                Control device means any combustion device, recovery device, or recapture device. Such equipment includes, but is not limited to, absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, and process heaters. For process vents (as defined in this section), recapture devices are considered control devices but recovery devices are not considered control devices. For a steam stripper, a primary condenser is not considered a control device.

                Co-product means a chemical that is produced during the production of another chemical.

                Distillate receiver means overhead receivers, overhead accumulators, reflux drums, and condenser(s) including ejector-condenser(s) associated with a distillation unit.

                Distillation unit means a device or vessel in which one or more feed streams are separated into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and the vapor phases by vaporization and condensation as they approach equilibrium within the distillation unit. Distillation unit includes the distillate receiver, reboiler, and any associated vacuum pump or steam jet.

                Emission point means an individual process vent, storage vessel, transfer rack, wastewater stream, or equipment leak.

                Equipment leak means emissions of organic hazardous air pollutants from a connector, pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, surge control vessel, bottoms receiver, or instrumentation system in organic hazardous air pollutant service as defined in § 63.161.

                Ethylene process or ethylene process unit means a chemical manufacturing process unit in which ethylene and/or propylene are produced by separation from petroleum refining process streams or by subjecting hydrocarbons to high temperatures in the presence of steam. The ethylene process unit includes the separation of ethylene and/or propylene from associated streams such as a C4 product, pyrolysis gasoline, and pyrolysis fuel oil. The ethylene process does not include the manufacture of SOCMI chemicals such as the production of butadiene from the C4 stream and aromatics from pyrolysis gasoline.

                Flexible operation unit means a chemical manufacturing process unit that manufactures different chemical products periodically by alternating raw materials or operating conditions. These units are also referred to as campaign plants or blocked operations.

                Fuel gas means gases that are combusted to derive useful work or heat.

                Fuel gas system means the offsite and onsite piping and flow and pressure control system that gathers gaseous stream(s) generated by onsite operations, may blend them with other sources of gas, and transports the gaseous stream for use as fuel gas in combustion devices or in in-process combustion equipment such as furnaces and gas turbines either singly or in combination.

                Heat exchange system means any cooling tower system or once-through cooling water system (e.g., river or pond water). A heat exchange system can include more than one heat exchanger and can include an entire recirculating or once-through cooling system.

                Impurity means a substance that is produced coincidentally with the primary product, or is present in a raw material. An impurity does not serve a useful purpose in the production or use of the primary product and is not isolated.

                Initial start-up means the first time a new or reconstructed source begins production, or, for equipment added or changed as described in § 63.100 (l) or (m) of this subpart, the first time the equipment is put into operation. Initial start-up does not include operation solely for testing equipment. For purposes of subpart G of this part, initial start-up does not include subsequent start-ups (as defined in this section) of chemical manufacturing process units following malfunctions or shutdowns or following changes in product for flexible operation units or following recharging of equipment in batch operation. For purposes of subpart H of this part, initial start-up does not include subsequent start-ups (as defined in § 63.161 of subpart H of this part) of process units (as defined in § 63.161 of subpart H of this part) following malfunctions or process unit shutdowns.

                Loading rack means a single system used to fill tank trucks and railcars at a single geographic site. Loading equipment and operations that are physically separate (i.e, do not share common piping, valves, and other equipment) are considered to be separate loading racks.

                Maintenance wastewater means wastewater generated by the draining of process fluid from components in the chemical manufacturing process unit 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 chemical manufacturing process unit for repair.

                On-site or On site means, with respect to records required to be maintained by this subpart, that the records are stored at a location within a major source which encompasses the affected source. On-site includes, but is not limited to, storage at the chemical manufacturing process unit to which the records pertain, or storage in central files elsewhere at the major source.

                Operating permit means a permit required by 40 CFR part 70 or 71.

                Organic hazardous air pollutant or organic HAP means one of the chemicals listed in table 2 of this subpart.

                Petroleum refining process, also referred to as a petroleum refining process unit, means a process that for the purpose of producing transportation fuels (such as gasoline and diesel fuels), heating fuels (such as fuel gas, distillate, and residual fuel oils), or lubricants separates petroleum or separates, cracks, or reforms unfinished derivatives. Examples of such units include, but are not limited to, alkylation units, catalytic hydrotreating, catalytic hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic cracking, crude distillation, and thermal processes.

                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.

                Process vent means the point of discharge to the atmosphere (or the point of entry into a control device, if any) of a gas stream if the gas stream has the characteristics specified in § 63.107(b) through (h), or meets the criteria specified in § 63.107(i). For purposes of §§ 63.113 through 63.118, all references to the characteristics of a process vent (e.g., flow rate, total HAP concentration, or TRE index value) shall mean the characteristics of the gas stream.

                Process wastewater means wastewater which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. 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; and condensed steam from jet ejector systems pulling vacuum on vessels containing organics.

                Product means a compound or chemical which is manufactured as the intended product of the chemical manufacturing process unit. By-products, isolated intermediates, impurities, wastes, and trace contaminants are not considered products.

                Product separator means phase separators, flash drums, knock-out drums, decanters, degassers, and condenser(s) including ejector-condenser(s) associated with a reactor or an air oxidation reactor.

                Reactor means a device or vessel in which one or more chemicals or reactants, other than air, are combined or decomposed in such a way that their molecular structures are altered and one or more new organic compounds are formed. Reactor includes the product separator and any associated vacuum pump or steam jet.

                Recapture device means an individual unit of equipment capable of and used for the purpose of recovering chemicals, but not normally for use, reuse, or sale. For example, a recapture device may recover chemicals primarily for disposal. Recapture devices include, but are not limited to, absorbers, carbon adsorbers, and condensers.

                Recovery device means an individual unit of equipment 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 equipment that may be recovery devices include absorbers, carbon adsorbers, condensers, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units. For purposes of the monitoring, recordkeeping, and reporting requirements of subpart G of this part, recapture devices are considered recovery devices.

                Research and development facility means laboratory and pilot plant operations whose primary purpose is to conduct research and development into new processes and products, where the operations are under the close supervision of technically trained personnel, and is not engaged in the manufacture of products for commercial sale, except in a de minimis manner.

                Shutdown means for purposes including, but not limited to, periodic maintenance, replacement of equipment, or repair, the cessation of operation of a chemical manufacturing process unit or a reactor, air oxidation reactor, distillation unit, waste management unit, equipment required or used to comply with this subpart F, subparts G, or H of this part or the emptying and degassing of a storage vessel. Shutdown does not include the routine rinsing or washing of equipment in batch operation between batches.

                Source means the collection of emission points to which this subpart applies as determined by the criteria in § 63.100 of this subpart. For purposes of subparts F, G, and H of this part, the term affected source as used in subpart A of this part has the same meaning as the term source defined here.

                Start-up means the setting into operation of a chemical manufacturing process unit or a reactor, air oxidation reactor, distillation unit, waste management unit, or equipment required or used to comply with this subpart F, subpart G, or H of this part or a storage vessel after emptying and degassing. Start-up includes initial start-up, operation solely for testing equipment, the recharging of equipment in batch operation, and transitional conditions due to changes in product for flexible operation units.

                Start-up, shutdown, and malfunction plan means the plan required under § 63.6(e)(3) of subpart A of this part. This plan details the procedures for operation and maintenance of the source during periods of start-up, shutdown, and malfunction.

                Storage vessel means a tank or other vessel that is used to store organic liquids that contain one or more of the organic HAP's listed in table 2 of this subpart and that has been assigned, according to the procedures in § 63.100(g) of this subpart, to a chemical manufacturing process unit that is subject to this subpart. Storage vessel does not include:
              (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships;
              (2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere;
              (3) Vessels with capacities smaller than 38 cubic meters;
              (4) Vessels storing organic liquids that contain organic hazardous air pollutants only as impurities;
              (5) Bottoms receiver tanks;
              (6) Surge control vessels; or
              (7) Wastewater storage tanks. Wastewater storage tanks are covered under the wastewater provisions.

                Surge control vessel means feed drums, recycle drums, and intermediate vessels. Surge control vessels are used within a chemical manufacturing process unit when in-process storage, mixing, or management of flow rates or volumes is needed to assist in production of a product.

                Transfer operation means the loading, into a tank truck or railcar, of organic liquids that contain one or more of the organic hazardous air pollutants listed in table 2 of this subpart from a transfer rack (as defined in this section). Transfer operations do not include loading at an operating pressure greater than 204.9 kilopascals.

                Transfer rack means the collection of loading arms and loading hoses, at a single loading rack, that are assigned to a chemical manufacturing process unit subject to this subpart according to the procedures specified in § 63.100(h) of this subpart and are used to fill tank trucks and/or railcars with organic liquids that contain one or more of the organic hazardous air pollutants listed in table 2 of this subpart. Transfer rack includes the associated pumps, meters, shutoff valves, relief valves, and other piping and valves. Transfer rack does not include:
              (1) Racks, arms, or hoses that only transfer liquids containing organic hazardous air pollutants as impurities;
              (2) Racks, arms, or hoses that vapor balance during all loading operations; or
              (3) Racks transferring organic liquids that contain organic hazardous air pollutants only as impurities.

                Unit operation means one or more pieces of process equipment used to make a single change to the physical or chemical characteristics of one or more process streams. Unit operations include, but are not limited to, reactors, distillation units, extraction columns, absorbers, decanters, dryers, condensers, and filtration equipment.

                Vapor balancing system means a piping system that is designed to collect organic hazardous air pollutants vapors displaced from tank trucks or railcars during loading; and to route the collected organic hazardous air pollutants vapors to the storage vessel from which the liquid being loaded originated, or to another storage vessel connected by a common header or to compress and route to a process or a fuel gas system the collected organic hazardous air pollutants vapors.

                Waste management unit means the equipment, structure(s), and/or device(s) used to convey, store, treat, or dispose of wastewater streams or residuals. Examples of waste management units include: Wastewater tanks, surface impoundments, individual drain systems, and biological wastewater treatment units. Examples of equipment that may be waste management units include containers, air flotation units, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units. If such equipment is used for recovery then it is part of a chemical manufacturing process unit and is not a waste management unit.

                Wastewater means water that:
              (1) Contains either:
              (i) An annual average concentration of Table 9 compounds (as defined in § 63.111 of subpart G of this part) of at least 5 parts per million by weight and has an annual average flow rate of 0.02 liter per minute or greater, or
              (ii) An annual average concentration of Table 9 compounds (as defined in § 63.111 of subpart G) of at least 10,000 parts per million by weight at any flow rate, and that

              (2) Is discarded from a chemical manufacturing process unit that meets all of the criteria specified in § 63.100 (b)(1) through (b)(3) of this subpart. Wastewater is process wastewater or maintenance wastewater.
              [59 FR 19454, Apr. 22, 1994, as amended at 60 FR 18024, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 62 FR 2731, Jan. 17, 1997; 65 FR 26497, May 8, 2000; 66 FR 6928, Jan. 22, 2001]

              § 63.102
              General standards.
              (a) Owners and operators of sources subject to this subpart shall comply with the requirements of subparts G and H of this part.
              (1) The provisions set forth in this subpart F and subpart G of this part shall apply at all times except during periods of start-up or shutdown (as defined in § 63.101 of this subpart), malfunction, or non-operation of the chemical manufacturing process unit (or specific portion thereof) resulting in cessation of the emissions to which this subpart F and subpart G of this part apply. However, if a start-up, shutdown, malfunction or period of non-operation of one portion of a chemical manufacturing process unit does not affect the ability of a particular emission point to comply with the specific provisions to which it is subject, then that emission point shall still be required to comply with the applicable provisions of this subpart F and subpart G of this part during the start-up, shutdown, malfunction or period of non-operation. For example, if there is an overpressure in the reactor area, a storage vessel in the chemical manufacturing process unit would still be required to be controlled in accordance with § 63.119 of subpart G of the part. Similarly, the degassing of a storage vessel would not affect the ability of a process vent to meet the requirements of § 63.113 of subpart G of this part.
              (2) The provisions set forth in subpart H of this part shall apply at all times except during periods of start-up or shutdown, as defined in § 63.101(b) of this subpart, malfunction, process unit shutdown (as defined in § 63.161 of subpart H of this part), or non-operation of the chemical manufacturing process unit (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which subpart H of this part applies.
              (3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with the provisions of this subpart F, subpart G or H of this part during times when emissions (or, where applicable, wastewater streams or residuals) are being routed to such items of equipment, if the shutdown would contravene requirements of this subpart F, subpart G or H of this part applicable to such items of equipment. This paragraph does not apply if the item of equipment is malfunctioning, or if the owner or operator must shut down the equipment to avoid damage due to a contemporaneous start-up, shutdown, or malfunction of the chemical manufacturing process unit or portion thereof.

              (4) During start-ups, shutdowns, and malfunctions when the requirements of this subpart F, subparts G and/or H of this part do not apply pursuant to paragraphs (a)(1) through (a)(3) of this section, the owner or operator shall implement, to the extent reasonably available, measures to prevent or minimize excess emissions to the extent practical. The general duty to minimize emissions during a period of startup, shutdown, or malfunction does not require the owner or operator to achieve emission levels that would be required by the applicable standard at other times if this is not consistent with safety and good air pollution control practices, nor does it require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures (including the startup, shutdown, and malfunction plan required in § 63.6(e)(3)), review of operation and maintenance records, and inspection of the source. The measures to be taken may include, but are not limited to, air pollution control technologies, recovery technologies, work practices, pollution prevention, monitoring, and/or changes in the manner of operation of the source. Back-up control devices are not required, but may be used if available.

              (b) If, in the judgment of the Administrator, an alternative means of emission limitation will achieve a reduction in organic HAP emissions at least equivalent to the reduction in organic HAP emissions from that source achieved under any design, equipment, work practice, or operational standards in subpart G or H of this part, the Administrator will publish in the Federal Register a notice permitting the use of the alternative means for purposes of compliance with that requirement.
              (1) The notice may condition the permission on requirements related to the operation and maintenance of the alternative means.
              (2) Any notice under paragraph (b) of this section shall be published only after public notice and an opportunity for a hearing.
              (3) Any person seeking permission to use an alternative means of compliance under this section shall collect, verify, and submit to the Administrator information showing that the alternative means achieves equivalent emission reductions.
              (c) Each owner or operator of a source subject to this subpart shall obtain a permit under 40 CFR part 70 or part 71 from the appropriate permitting authority by the date determined by 40 CFR part 70 or part 71, as appropriate.
              (1) If the EPA has approved a State operating permit program under 40 CFR Part 70, the permit shall be obtained from the State authority. If the State operating permit program has not been approved, the source shall apply to the EPA Regional Office.
              (2) [Reserved]
              (d) The requirements in subparts F, G, and H of this part are Federally enforceable under section 112 of the Act on and after the dates specified in § 63.100(k) of this subpart.
              [59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995; 61 FR 64575, Dec. 5, 1996; 62 FR 2732, Jan. 17, 1997; 71 FR 20455, Apr. 20, 2006]

              § 63.103
              General compliance, reporting, and recordkeeping provisions.
              (a) Table 3 of this subpart specifies the provisions of subpart A that apply and those that do not apply to owners and operators of sources subject to subparts F, G, and H of this part.
              (b) Initial performance tests and initial compliance determinations shall be required only as specified in subparts G and H of this part.
              (1) Performance tests and compliance determinations shall be conducted according to the schedule and procedures in § 63.7(a) of subpart A of this part and the applicable sections of subparts G and H of this part.
              (2) The owner or operator shall notify the Administrator of the intention to conduct a performance test at least 30 calendar days before the performance test is scheduled to allow the Administrator the opportunity to have an observer present during the test.
              (3) Performance tests shall be conducted according to the provisions of § 63.7(e) of subpart A of this part, except that performance tests shall be conducted at maximum representative operating conditions for the process. During the performance test, an owner or operator may operate the control or recovery device at maximum or minimum representative operating conditions for monitored control or recovery device parameters, whichever results in lower emission reduction.
              (4) Data shall be reduced in accordance with the EPA-approved methods specified in the applicable subpart or, if other test methods are used, the data and methods shall be validated according to the protocol in Method 301 of appendix A of this part.
              (5) Performance tests may be waived with approval of the Administrator as specified in § 63.7(h)(2) of subpart A of this part. Owners or operators of sources subject to subparts F, G, and H of this part who apply for a waiver of a performance test shall submit the application by the dates specified in paragraph (b)(5)(i) of this section rather than the dates specified in § 63.7(h)(3) of subpart A of this part.

              (i) If a request is made for an extension of compliance under § 63.151(a)(6) of subpart G or § 63.6(i) of subpart A of this part, the application for a waiver of an initial performance test shall accompany the information required for the request for an extension of compliance. If no extension of compliance is requested, the application for a waiver of an initial performance test shall be submitted no later than 90 calendar days before the Notification of Compliance Status required in § 63.152(b) of subpart G of this part is due to be submitted.
              (ii) Any application for a waiver of a performance test shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the source performing the required test.
              (6) The owner or operator of a flexible operation unit shall conduct all required compliance demonstrations during production of the primary product. The owner or operator is not required to conduct compliance demonstrations for operating conditions during production of a product other than the primary product. Except as otherwise provided in this subpart or in subpart G or subpart H of this part, as applicable, the owner or operator shall operate each control device, recovery device, and/or recapture device that is required or used for compliance, and associated monitoring systems, without regard for whether the product that is being produced is the primary product or a different product. Except as otherwise provided in this subpart, subpart G and/or subpart H of this part, as applicable, operation of a control device, recapture device and/or recovery device required or used for compliance such that the daily average of monitored parameter values is outside the parameter range established pursuant to § 63.152(b)(2), or such that the monitoring data show operation inconsistent with the monitoring plan established pursuant to § 63.120(d)(2) or § 63.181(g)(1)(iv), shall constitute a violation of the required operating conditions.
              (c) Each owner or operator of a source subject to subparts F, G, and H of this part shall keep copies of all applicable reports and records required by subparts F, G, and H of this part for at least 5 years; except that, if subparts G or H require records to be maintained for a time period different than 5 years, those records shall be maintained for the time specified in subpart G or H of this part. If an owner or operator submits copies of reports to the applicable EPA Regional Office, the owner or operator is not required to maintain copies of reports. If the EPA Regional Office has waived the requirement of § 63.10(a)(4)(ii) for submittal of copies of reports, the owner or operator is not required to maintain copies of reports.
              (1) All applicable records shall be maintained in such a manner that they can be readily accessed. The most recent 6 months of records shall be retained on site or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. The remaining four and one-half years of records may be retained offsite. Records may be maintained in hard copy or computer-readable form including, but not limited to, on paper, microfilm, computer, floppy disk, magnetic tape, or microfiche.
              (2) The owner or operator subject to subparts F, G, and H of this part shall keep the records specified in this paragraph, as well as records specified in subparts G and H.
              (i) Records of the occurrence and duration of each start-up, shutdown, and malfunction of operation of process equipment or of air pollution control equipment or continuous monitoring systems used to comply with this subpart F, subpart G, or H of this part during which excess emissions (as defined in § 63.102(a)(4)) occur.

              (ii) For each start-up, shutdown, and malfunction during which excess emissions (as defined in § 63.102(a)(4)) occur, records that the procedures specified in the source's start-up, shutdown, and malfunction plan were followed, and documentation of actions taken that are not consistent with the plan. For example, if a start-up, shutdown, and malfunction plan includes procedures for routing a control device to a backup control device (e.g., the incinerator for a halogenated stream could be routed to a flare during periods when the primary control device is out of service), records must be kept of whether the plan was followed. These records may take the form of a “checklist,” or other form of recordkeeping that confirms conformance with the start-up, shutdown, and malfunction plan for the event.
              (iii) For continuous monitoring systems used to comply with subpart G of this part, records documenting the completion of calibration checks and maintenance of continuous monitoring systems that are specified in the manufacturer's instructions or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately.
              (3) Records of start-up, shutdown and malfunction and continuous monitoring system calibration and maintenance are not required if they pertain solely to Group 2 emission points, as defined in § 63.111 of subpart G of this part, that are not included in an emissions average.
              (d) All reports required under subparts F, G, and H of this part shall be sent to the Administrator at the addresses listed in § 63.13 of subpart A of this part, except that requests for permission to use an alternative means of compliance as provided for in § 63.102(b) of this subpart and application for approval of a nominal efficiency as provided for in § 63.150 (i)(1) through (i)(6) of subpart G of this part shall be submitted to the Director of the EPA Office of Air Quality Planning and Standards rather than to the Administrator or delegated authority.
              (1) Wherever subpart A of this part specifies “postmark” dates, submittals may be sent by methods other than the U.S. Mail (e.g., by fax or courier). Submittals shall be sent on or before the specified date.
              (2) If acceptable to both the Administrator and the owner or operator of a source, reports may be submitted on electronic media.
              (e) The owner or operator of a chemical manufacturing process unit which meets the criteria of § 63.100(b)(1) and § 63.100(b)(3), but not the criteria of § 63.100(b)(2), shall comply with the requirements of either paragraph (e)(1) or (e)(2) of this section.
              (1) Retain information, data, and analysis used to determine that the chemical manufacturing process unit does not use as a reactant or manufacture as a product or co-product any organic hazardous air pollutant. Examples of information that could document this include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge.
              (2) When requested by the Administrator, demonstrate that the chemical manufacturing process unit does not use as a reactant or manufacture as a product or co-product any organic hazardous air pollutant.
              (f) To qualify for the exemption specified in § 63.100(b)(4) of this subpart, the owner or operator shall maintain the documentation of the information required pursuant to § 63.100(b)(4)(i), and documentation of any update of this information requested by the EPA Regional Office, and shall provide the documentation to the EPA Regional Office upon request. The EPA Regional Office will notify the owner or operator, after reviewing such documentation, if the source does not qualify for the exemption specified in § 63.100(b)(4) of this section. In such cases, compliance with subpart H shall be required no later than 90 days after expiration of the applicable compliance date in § 63.100(k)(3), but in no event earlier than 90 days after the date of such notification by the EPA Regional Office. Compliance with this subpart F and subpart G of this part shall be no later than April 22, 1997, or as otherwise specified in § 63.100(k)(2)(ii) of this subpart, unless an extension has been granted by the EPA Regional Office or permitting authority as provided in § 63.6(i) of subpart A of this part.

              (g) An owner or operator who elects to use the compliance extension provisions of § 63.100(k)(6)(i) or (ii) shall submit a compliance extension request to the appropriate EPA Regional Office no later than 45 days before the applicable compliance date in § 63.100(k)(3), but in no event is submittal required earlier than May 10, 1995. The request shall contain the information specified in § 63.100(k)(5)(iv) and the reason compliance can not reasonably be achieved without a process unit shutdown, as defined in 40 CFR 63.161 or without replacement of the compressor or recasting of the distance piece.

              (h) An owner or operator who elects to use the compliance extension provisions of § 63.100(k)(8) shall submit to the appropriate EPA Regional Office a brief description of the process change, identify the HAP eliminated, and the expected date of cessation of use or production of HAP. The description shall be submitted no later than May 10, 1995, or with the Notice of Compliance Status as required in § 63.182(c) of subpart H, whichever is later.
              [59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 60 FR 18024, Apr. 10, 1995; 62 FR 2733, Jan. 17, 1997; 63 FR 26082, May 12, 1998]

              § 63.104
              Heat exchange system requirements.
              (a) Unless one or more of the conditions specified in paragraphs (a)(1) through (a)(6) of this section are met, owners and operators of sources subject to this subpart shall monitor each heat exchange system used to cool process equipment in a chemical manufacturing process unit meeting the conditions of § 63.100 (b)(1) through (b)(3) of this subpart, except for chemical manufacturing process units meeting the condition specified in § 63.100(c) of this subpart, according to the provisions in either paragraph (b) or (c) of this section. Whenever a leak is detected, the owner or operator shall comply with the requirements in paragraph (d) of this section.
              (1) The heat exchange system is operated with the minimum pressure on the cooling water side at least 35 kilopascals greater than the maximum pressure on the process side.
              (2) There is an intervening cooling fluid, containing less than 5 percent by weight of total hazardous air pollutants listed in table 4 of this subpart, between the process and the cooling water. This intervening fluid serves to isolate the cooling water from the process fluid and the intervening fluid is not sent through a cooling tower or discharged. For purposes of this section, discharge does not include emptying for maintenance purposes.
              (3) The once-through heat exchange system is subject to a National Pollution Discharge Elimination System (NPDES) permit with an allowable discharge limit of 1 part per million or less above influent concentration or 10 percent or less above influent concentration, whichever is greater.
              (4) The once-through heat exchange system is subject to an NPDES permit that:
              (i) Requires monitoring of a parameter(s) or condition(s) to detect a leak of process fluids into cooling water;
              (ii) Specifies or includes the normal range of the parameter or condition;
              (iii) Requires monitoring for the parameters selected as leak indicators no less frequently than monthly for the first six months and quarterly thereafter; and
              (iv) Requires the owner or operator to report and correct leaks to the cooling water when the parameter or condition exceeds the normal range.
              (5) The recirculating heat exchange system is used to cool process fluids that contain less than 5 percent by weight of total hazardous air pollutants listed in table 4 of this subpart.
              (6) The once-through heat exchange system is used to cool process fluids that contain less than 5 percent by weight of total hazardous air pollutants listed in table 9 of subpart G of this part.
              (b) The owner or operator who elects to comply with the requirements of paragraph (a) of this section by monitoring the cooling water for the presence of one or more organic hazardous air pollutants or other representative substances whose presence in cooling water indicates a leak shall comply with the requirements specified in paragraphs (b)(1) through (b)(6) of this section. The cooling water shall be monitored for total hazardous air pollutants, total volatile organic compounds, total organic carbon, one or more speciated HAP compounds, or other representative substances that would indicate the presence of a leak in the heat exchange system.
              (1) The cooling water shall be monitored monthly for the first 6 months and quarterly thereafter to detect leaks.

              (2)(i) For recirculating heat exchange systems (cooling tower systems), the monitoring of speciated hazardous air pollutants or total hazardous air pollutants refers to the hazardous air pollutants listed in table 4 of this subpart.

              (ii) For once-through heat exchange systems, the monitoring of speciated hazardous air pollutants or total hazardous air pollutants refers to the hazardous air pollutants listed in table 9 of subpart G of this part.
              (3) The concentration of the monitored substance(s) in the cooling water shall be determined using any EPA-approved method listed in part 136 of this chapter as long as the method is sensitive to concentrations as low as 10 parts per million and the same method is used for both entrance and exit samples. Alternative methods may be used upon approval by the Administrator.
              (4) The samples shall be collected either at the entrance and exit of each heat exchange system or at locations where the cooling water enters and exits each heat exchanger or any combination of heat exchangers.
              (i) For samples taken at the entrance and exit of recirculating heat exchange systems, the entrance is the point at which the cooling water leaves the cooling tower prior to being returned to the process equipment and the exit is the point at which the cooling water is introduced to the cooling tower after being used to cool the process fluid.
              (ii) For samples taken at the entrance and exit of once-through heat exchange systems, the entrance is the point at which the cooling water enters and the exit is the point at which the cooling water exits the plant site or chemical manufacturing process units.
              (iii) For samples taken at the entrance and exit of each heat exchanger or any combination of heat exchangers in chemical manufacturing process units, the entrance is the point at which the cooling water enters the individual heat exchanger or group of heat exchangers and the exit is the point at which the cooling water exits the heat exchanger or group of heat exchangers.
              (5) A minimum of three sets of samples shall be taken at each entrance and exit as defined in paragraph (b)(4) of this section. The average entrance and exit concentrations shall then be calculated. The concentration shall be corrected for the addition of any makeup water or for any evaporative losses, as applicable.
              (6) A leak is detected if the exit mean concentration is found to be greater than the entrance mean using a one-sided statistical procedure at the 0.05 level of significance and the amount by which it is greater is at least 1 part per million or 10 percent of the entrance mean, whichever is greater.
              (c) The owner or operator who elects to comply with the requirement of paragraph (a) of this section by monitoring using a surrogate indicator of heat exchange system leaks shall comply with the requirements specified in paragraphs (c)(1) through (c)(3) of this section. Surrogate indicators that could be used to develop an acceptable monitoring program are ion specific electrode monitoring, pH, conductivity or other representative indicators.
              (1) The owner or operator shall prepare and implement a monitoring plan that documents the procedures that will be used to detect leaks of process fluids into cooling water. The plan shall require monitoring of one or more surrogate indicators or monitoring of one or more process parameters or other conditions that indicate a leak. Monitoring that is already being conducted for other purposes may be used to satisfy the requirements of this section. The plan shall include the information specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
              (i) A description of the parameter or condition to be monitored and an explanation of how the selected parameter or condition will reliably indicate the presence of a leak.
              (ii) The parameter level(s) or conditions(s) that shall constitute a leak. This shall be documented by data or calculations showing that the selected levels or conditions will reliably identify leaks. The monitoring must be sufficiently sensitive to determine the range of parameter levels or conditions when the system is not leaking. When the selected parameter level or condition is outside that range, a leak is indicated.
              (iii) The monitoring frequency which shall be no less frequent than monthly for the first 6 months and quarterly thereafter to detect leaks.

              (iv) The records that will be maintained to document compliance with the requirements of this section.

              (2) If a substantial leak is identified by methods other than those described in the monitoring plan and the method(s) specified in the plan could not detect the leak, the owner or operator shall revise the plan and document the basis for the changes. The owner or operator shall complete the revisions to the plan no later than 180 days after discovery of the leak.
              (3) The owner or operator shall maintain, at all times, the monitoring plan that is currently in use. The current plan shall be maintained on-site, or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. If the monitoring plan is superseded, the owner or operator shall retain the most recent superseded plan at least until 5 years from the date of its creation. The superseded plan shall be retained on-site (or accessible from a central location by computer or other means that provides access within two hours after a request) for at least 6 months after its creation.
              (d) If a leak is detected according to the criteria of paragraph (b) or (c) of this section, the owner or operator shall comply with the requirements in paragraphs (d)(1) and (d)(2) of this section, except as provided in paragraph (e) of this section.
              (1) The leak shall be repaired as soon as practical but not later than 45 calendar days after the owner or operator receives results of monitoring tests indicating a leak. The leak shall be repaired unless the owner or operator demonstrates that the results are due to a condition other than a leak.
              (2) Once the leak has been repaired, the owner or operator shall confirm that the heat exchange system has been repaired within 7 calendar days of the repair or startup, whichever is later.
              (e) Delay of repair of heat exchange systems for which leaks have been detected is allowed if the equipment is isolated from the process. Delay of repair is also allowed if repair is technically infeasible without a shutdown and any one of the conditions in paragraph (e)(1) or (e)(2) of this section is met. All time periods in paragraphs (e)(1) and (e)(2) of this section shall be determined from the date when the owner or operator determines that delay of repair is necessary.
              (1) If a shutdown is expected within the next 2 months, a special shutdown before that planned shutdown is not required.
              (2) If a shutdown is not expected within the next 2 months, the owner or operator may delay repair as provided in paragraph (e)(2)(i) or (e)(2)(ii) of this section. Documentation of a decision to delay repair shall state the reasons repair was delayed and shall specify a schedule for completing the repair as soon as practical.
              (i) If a shutdown for repair would cause greater emissions than the potential emissions from delaying repair, the owner or operator may delay repair until the next shutdown of the process equipment associated with the leaking heat exchanger. The owner or operator shall document the basis for the determination that a shutdown for repair would cause greater emissions than the emissions likely to result from delaying repair as specified in paragraphs (e)(2)(i)(A) and (e)(2)(i)(B) of this section.
              (A) The owner or operator shall calculate the potential emissions from the leaking heat exchanger by multiplying the concentration of total hazardous air pollutants listed in table 4 of this subpart in the cooling water from the leaking heat exchanger by the flowrate of the cooling water from the leaking heat exchanger by the expected duration of the delay. The owner or operator may calculate potential emissions using total organic carbon concentration instead of total hazardous air pollutants listed in table 4 of this subpart.
              (B) The owner or operator shall determine emissions from purging and depressurizing the equipment that will result from the unscheduled shutdown for the repair.
              (ii) If repair is delayed for reasons other than those specified in paragraph (e)(2)(i) of this section, the owner or operator may delay repair up to a maximum of 120 calendar days. The owner shall demonstrate that the necessary parts or personnel were not available.
              (f)(1) Required records. The owner or operator shall retain the records identified in paragraphs (f)(1)(i) through (f)(1)(iv) of this section as specified in § 63.103(c)(1).
              (i) Monitoring data required by this section indicating a leak and the date when the leak was detected, and if demonstrated not to be a leak, the basis for that determination;
              (ii) Records of any leaks detected by procedures subject to paragraph (c)(2) of this section and the date the leak was discovered;
              (iii) The dates of efforts to repair leaks; and
              (iv) The method or procedure used to confirm repair of a leak and the date repair was confirmed.
              (2) Reports. If an owner or operator invokes the delay of repair provisions for a heat exchange system, the following information shall be submitted in the next semi-annual periodic report required by § 63.152(c) of subpart G of this part. If the leak remains unrepaired, the information shall also be submitted in each subsequent periodic report, until repair of the leak is reported.
              (i) The owner or operator shall report the presence of the leak and the date that the leak was detected.
              (ii) The owner or operator shall report whether or not the leak has been repaired.
              (iii) The owner or operator shall report the reason(s) for delay of repair. If delay of repair is invoked due to the reasons described in paragraph (e)(2) of this section, documentation of emissions estimates must also be submitted.
              (iv) If the leak remains unrepaired, the owner or operator shall report the expected date of repair.
              (v) If the leak is repaired, the owner or operator shall report the date the leak was successfully repaired.
              [62 FR 2733, Jan. 17, 1997]

              § 63.105
              Maintenance wastewater requirements.
              (a) Each owner or operator of a source subject to this subpart shall comply with the requirements of paragraphs (b) through (e) of this section for maintenance wastewaters containing those organic HAP's listed in table 9 of subpart G of this part.
              (b) The owner or operator shall prepare a description of maintenance procedures for management of wastewaters generated from the emptying and purging of equipment in the process during temporary shutdowns for inspections, maintenance, and repair (i.e., a maintenance-turnaround) and during periods which are not shutdowns (i.e., routine maintenance). The descriptions shall:
              (1) Specify the process equipment or maintenance tasks that are anticipated to create wastewater during maintenance activities.
              (2) Specify the procedures that will be followed to properly manage the wastewater and control organic HAP emissions to the atmosphere; and
              (3) Specify the procedures to be followed when clearing materials from process equipment.
              (c) The owner or operator shall modify and update the information required by paragraph (b) of this section as needed following each maintenance procedure based on the actions taken and the wastewaters generated in the preceding maintenance procedure.
              (d) The owner or operator shall incorporate the procedures described in paragraphs (b) and (c) of this section as part of the startup, shutdown, and malfunction plan required under § 63.6(e)(3).
              (e) The owner or operator shall maintain a record of the information required by paragraphs (b) and (c) of this section as part of the start-up, shutdown, and malfunction plan required under § 63.6(e)(3) of subpart A of this part.
              [59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995; 71 FR 20456, Apr. 20, 2006]

              § 63.106
              Implementation and enforcement.

              (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency.

              (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency.
              (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section.
              (1) Approval of alternatives to requirements in §§ 63.100, 63.102, and 63.104. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart.
              (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart.
              (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart.
              (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart.
              [68 FR 37344, June 23, 2003]

              § 63.107
              Identification of process vents subject to this subpart.
              (a) The owner or operator shall use the criteria specified in this § 63.107 to determine whether there are any process vents associated with an air oxidation reactor, distillation unit, or reactor that is in a source subject to this subpart. A process vent is the point of discharge to the atmosphere (or the point of entry into a control device, if any) of a gas stream if the gas stream has the characteristics specified in paragraphs (b) through (h) of this section, or meets the criteria specified in paragraph (i) of this section.
              (b) Some, or all, of the gas stream originates as a continuous flow from an air oxidation reactor, distillation unit, or reactor during operation of the chemical manufacturing process unit.
              (c) The discharge to the atmosphere (with or without passing through a control device) meets at least one of the conditions specified in paragraphs (c)(1) through (3) of this section.
              (1) Is directly from an air oxidation reactor, distillation unit, or reactor; or
              (2) Is from an air oxidation reactor, distillation unit, or reactor after passing solely (i.e., without passing through any other unit operation for a process purpose) through one or more recovery devices within the chemical manufacturing process unit; or
              (3) Is from a device recovering only mechanical energy from a gas stream that comes either directly from an air oxidation reactor, distillation unit, or reactor, or from an air oxidation reactor, distillation unit, or reactor after passing solely (i.e., without passing through any other unit operation for a process purpose) through one or more recovery devices within the chemical manufacturing process unit.
              (d) The gas stream contains greater than 0.005 weight percent total organic HAP at the point of discharge to the atmosphere (or at the point of entry into a control device, if any).
              (e) The air oxidation reactor, distillation unit, or reactor is part of a chemical manufacturing process unit that meets the criteria of § 63.100(b).
              (f) The gas stream is in the gas phase from the point of origin at the air oxidation reactor, distillation unit, or reactor to the point of discharge to the atmosphere (or to the point of entry into a control device, if any).
              (g) The gas stream is discharged to the atmosphere either on-site, off-site, or both.
              (h) The gas stream is not any of the items identified in paragraphs (h)(1) through (9) of this section.
              (1) A relief valve discharge.
              (2) A leak from equipment subject to subpart H of this part.
              (3) A gas stream going to a fuel gas system as defined in § 63.101.
              (4) A gas stream exiting a control device used to comply with § 63.113.
              (5) A gas stream transferred to other processes (on-site or off-site) for reaction or other use in another process (i.e., for chemical value as a product, isolated intermediate, byproduct, or coproduct, or for heat value).

              (6) A gas stream transferred for fuel value (i.e., net positive heating value), use, reuse, or for sale for fuel value, use, or reuse.

              (7) A storage vessel vent or transfer operation vent subject to § 63.119 or § 63.126.
              (8) A vent from a waste management unit subject to §§ 63.132 through 63.137.
              (9) A gas stream exiting an analyzer.
              (i) The gas stream would meet the characteristics specified in paragraphs (b) through (g) of this section, but, for purposes of avoiding applicability, has been deliberately interrupted, temporarily liquefied, routed through any item of equipment for no process purpose, or disposed of in a flare that does not meet the criteria in § 63.11(b), or an incinerator that does not reduce emissions of organic HAP by 98 percent or to a concentration of 20 parts per million by volume, whichever is less stringent.
              [66 FR 6928, Jan. 22, 2001]

              Pt. 63, Subpt. F, Table 1
              Table 1 to Subpart F of Part 63—Synthetic Organic Chemical Manufacturing Industry Chemicals

                  Chemical name a

                  CAS No. b

                  Group

                  Acenaphthene
                  83329
                  V

                  Acetal
                  105577
                  V

                  Acetaldehyde
                  75070
                  II

                  Acetamide
                  60355
                  II

                  Acetanilide
                  103844
                  II

                  Acetic acid
                  64197
                  II

                  Acetic anhydride
                  108247
                  II

                  Acetoacetanilide
                  102012
                  III

                  Acetone
                  67641
                  I

                  Acetone cyanohydrin
                  75865
                  V

                  Acetonitrile
                  75058
                  I

                  Acetophenone
                  98862
                  I

                  Acrolein
                  107028
                  IV

                  Acrylamide
                  79061
                  I

                  Acrylic acid
                  79107
                  IV

                  Acrylonitrile
                  107131
                  I

                  Adiponitrile
                  111693
                  I

                  Alizarin
                  72480
                  V

                  Alkyl anthraquinones
                  008
                  V

                  Allyl alcohol
                  107186
                  I

                  Allyl chloride
                  107051
                  IV

                  Allyl cyanide
                  109751
                  IV

                  Aminophenol sulfonic acid
                  0010
                  V

                  Aminophenol (p-)
                  123308
                  I

                  Aniline
                  62533
                  I

                  Aniline hydrochloride
                  142041
                  III

                  Anisidine (o-)
                  90040
                  II

                  Anthracene
                  120127
                  V

                  Anthraquinone
                  84651
                  III

                  Azobenzene
                  103333
                  I

                  Benzaldehyde
                  100527
                  III

                  Benzene
                  71432
                  I

                  Benzenedisulfonic acid
                  98486
                  I

                  Benzenesulfonic acid
                  98113
                  I

                  Benzil
                  134816
                  III

                  Benzilic acid
                  76937
                  III

                  Benzoic acid
                  65850
                  III

                  Benzoin
                  119539
                  III

                  Benzonitrile
                  100470
                  III

                  Benzophenone
                  119619
                  I

                  Benzotrichloride
                  98077
                  III

                  Benzoyl chloride
                  98884
                  III

                  Benzyl acetate
                  140114
                  III

                  Benzyl alcohol
                  100516
                  III

                  Benzyl benzoate
                  120514
                  III

                  Benzyl chloride
                  100447
                  III

                  Benzyl dichloride
                  98873
                  III

                  Biphenyl
                  92524
                  I

                  Bisphenol A
                  80057
                  III

                  Bis(Chloromethyl) Ether
                  542881
                  I

                  Bromobenzene
                  108861
                  I

                  Bromoform
                  75252
                  V

                  Bromonaphthalene
                  27497514
                  IV

                  Butadiene (1,3-)
                  106990
                  II

                  Butanediol (1,4-)
                  110634
                  I

                  Butyl acrylate (n-)
                  141322
                  V

                  Butylene glycol (1,3-)
                  107880
                  II

                  Butyrolactone
                  96480
                  I

                  Caprolactam
                  105602
                  II

                  Carbaryl
                  63252
                  V

                  Carbazole
                  86748
                  V

                  Carbon disulfide
                  75150
                  IV

                  Carbon tetrabromide
                  558134
                  II

                  Carbon tetrachloride
                  56235
                  I

                  Carbon tetrafluoride
                  75730
                  II

                  Chloral
                  75876
                  II

                  Chloroacetic acid
                  79118
                  II

                  Chloroacetophenone (2-)
                  532274
                  I

                  Chloroaniline (p-)
                  106478
                  II

                  Chlorobenzene
                  108907
                  I

                  2-Chloro-1,3-butadiene (Chloroprene)
                  126998
                  II

                  Chlorodifluoroethane
                  25497294
                  V

                  Chlorodifluoromethane
                  75456
                  I

                  Chloroform
                  67663
                  I

                  Chloronaphthalene
                  25586430
                  IV

                  Chloronitrobenzene
                  121733
                  I

                   (m-).

                  Chloronitrobenzene
                  88733
                  I

                   (o-).

                  Chloronitrobenzene
                  100005
                  I

                   (p-).

                  Chlorophenol (m-)
                  108430
                  II

                  Chlorophenol (o-)
                  95578
                  II

                  Chlorophenol (p-)
                  106489
                  II

                  Chlorotoluene (m-)
                  108418
                  III

                  Chlorotoluene (o-)
                  95498
                  III

                  Chlorotoluene (p-)
                  106434
                  III

                  Chlorotrifluoromethane
                  75729
                  II

                  Chrysene
                  218019
                  V

                  Cresol and cresylic acid (m-)
                  108394
                  III

                  Cresol and cresylic acid (o-)
                  95487
                  III

                  Cresol and cresylic acid (p-)
                  106445
                  III

                  Cresols and cresylic acids (mixed)
                  1319773
                  III

                  Cumene
                  98828
                  I

                  Cumene hydroperoxide
                  80159
                  I

                  Cyanoacetic acid
                  372098
                  II

                  Cyclohexane
                  110827
                  I

                  Cyclohexanol
                  108930
                  I

                  Cyclohexanone
                  108941
                  I

                  Cyclohexylamine
                  108918
                  III

                  Cyclooctadienes
                  29965977
                  II

                  Decahydronaphthalene
                  91178
                  IV

                  Diacetoxy-2-Butene (1,4-)
                  0012
                  V

                  Diaminophenol hydrochloride
                  137097
                  V

                  Dibromomethane
                  74953
                  V

                  Dichloroaniline (mixed isomers)
                  27134276
                  I

                  Dichlorobenzene (p-)
                  106467
                  I

                  Dichlorobenzene (m-)
                  541731
                  I

                  Dichlorobenzene (o-)
                  95501
                  I

                  Dichlorobenzidine
                  91941
                  I

                   (3,3′-).

                  Dichlorodifluoromethane
                  75718
                  I

                  Dichloroethane (1,2-) (Ethylenedichloride) (EDC)
                  107062
                  I

                  Dichloroethyl ether (bis(2-chloroethyl)ether)
                  111444
                  I

                  Dichloroethylene (1,2-)
                  540590
                  II

                  Dichlorophenol (2,4-)
                  120832
                  III

                  Dichloropropene (1,3-)
                  542756
                  II

                  Dichlorotetrafluoro-
                  1320372
                  V

                   ethane.

                  Dichloro-1-butene (3,4-)
                  760236
                  II

                  Dichloro-2-butene (1,4-)
                  764410
                  V

                  Diethanolamine (2,2′-Iminodiethanol)
                  111422
                  I

                  Diethyl sulfate
                  64675
                  II

                  Diethylamine
                  109897
                  IV

                  Diethylaniline (2,6-)
                  579668
                  V

                  Diethylene glycol
                  111466
                  I

                  Diethylene glycol dibutyl ether
                  112732
                  I

                  Diethylene glycol diethyl ether
                  112367
                  I

                  Diethylene glycol dimethyl ether
                  111966
                  I

                  Diethylene glycol monobutyl ether acetate
                  124174
                  I

                  Diethylene glycol monobutyl ether
                  112345
                  I

                  Diethylene glycol monoethyl ether acetate
                  112152
                  I

                  Diethylene glycol monoethyl ether
                  111900
                  I

                  Diethylene glycol monohexyl ether
                  112594
                  V

                  Diethylene glycol monomethyl ether acetate
                  629389
                  V

                  Diethylene glycol monomethyl ether
                  111773
                  I

                  Dihydroxybenzoic acid (Resorcylic acid)
                  27138574
                  V

                  Dimethylbenzidine
                  119937
                  II

                   (3,3′-).

                  Dimethyl ether
                  115106
                  IV

                  Dimethylformamide (N,N-)
                  68122
                  II

                  Dimethylhydrazine
                  57147
                  II

                   (1,1-).

                  Dimethyl sulfate
                  77781
                  I

                  Dimethyl terephthalate
                  120616
                  II

                  Dimethylamine
                  124403
                  IV

                  Dimethylaminoethanol (2-)
                  108010
                  I

                  Dimethylaniline (N,N′)
                  121697
                  III

                  Dinitrobenzenes (NOS) c

                  25154545
                  I

                  Dinitrophenol (2,4-)
                  51285
                  III

                  Dinitrotoluene (2,4-)
                  121142
                  III

                  Dioxane (1,4-) (1,4-Diethyleneoxide)
                  1239
                  11I

                  Dioxolane (1,3-)
                  646060
                  I

                  Diphenyl methane
                  101815
                  I

                  Diphenyl oxide
                  101848
                  I

                  Diphenyl thiourea
                  102089
                  III

                  Diphenylamine
                  122394
                  III

                  Dipropylene glycol
                  110985
                  I

                  Di-o-tolyguanidine
                  97392
                  III

                  Dodecanedioic acid
                  693232
                  I

                  Dodecyl benzene (branched)
                  123013
                  V

                  Dodecyl phenol (branched)
                  121158585
                  V

                  Dodecylaniline
                  28675174
                  V

                  Dodecylbenzene (n-)
                  121013
                  I

                  Dodecylphenol
                  27193868
                  III

                  Epichlorohydrin (1-chloro-2,3-epoxypropane)
                  106898
                  I

                  Ethanolamine
                  141435
                  I

                  Ethyl acrylate
                  140885
                  II

                  Ethylbenzene
                  100414
                  I

                  Ethyl chloride (Chloroethane)
                  75003
                  IV

                  Ethyl chloroacetate
                  105395
                  II

                  Ethylamine
                  75047
                  V

                  Ethylaniline (N-)
                  103695
                  III

                  Ethylaniline (o-)
                  578541
                  III

                  Ethylcellulose
                  9004573
                  V

                  Ethylcyanoacetate
                  105566
                  V

                  Ethylene carbonate
                  96491
                  I

                  Ethylene dibromide (Dibromoethane)
                  106934
                  I

                  Ethylene glycol
                  107211
                  I

                  Ethylene glycol diacetate
                  111557
                  I

                  Ethylene glycol dibutyl ether
                  112481
                  V

                  Ethylene glycol diethyl ether
                  629141
                  I

                   (1,2-diethoxyethane).

                  Ethylene glycol
                  110714
                  I

                   dimethyl ether

                  Ethylene glycol monoacetate
                  542596
                  V

                  Ethylene glycol monobutyl ether
                  112072
                  I

                   acetate.

                  Ethylene glycol monobutyl ether
                  111762
                  I

                  Ethylene glycol monoethyl ether
                  111159
                  I

                   acetate.

                  Ethylene glycol monoethyl ether
                  110805
                  I

                  Ethylene glycol monohexyl ether
                  112254
                  V

                  Ethylene glycol monomethyl ether acetate
                  110496
                  I

                  Ethylene glycol monomethyl ether
                  109864
                  I

                  Ethylene glycol monooctyl ether
                  002
                  V

                  Ethylene glycol monophenyl ether
                  122996
                  I

                  Ethylene glycol monopropyl ether
                  2807309
                  I

                  Ethylene oxide
                  75218
                  I

                  Ethylenediamine
                  107153
                  II

                  Ethylenediamine tetraacetic acid
                  60004
                  V

                  Ethylenimine (Aziridine)
                  151564
                  II

                  Ethylhexyl acrylate (2-isomer)
                  103117
                  II

                  Fluoranthene
                  206440
                  V

                  Formaldehyde
                  50000
                  I

                  Formamide
                  75127
                  II

                  Formic acid
                  64186
                  II

                  Fumaric acid
                  110178
                  I

                  Glutaraldehyde
                  111308
                  IV

                  Glyceraldehyde
                  367475
                  V

                  Glycerol
                  56815
                  II

                  Glycine
                  56406
                  II

                  Glyoxal
                  107222
                  II

                  Hexachlorobenzene
                  118741
                  II

                  Hexachlorobutadiene
                  87683
                  II

                  Hexachloroethane
                  67721
                  II

                  Hexadiene (1,4-)
                  592450
                  II

                  Hexamethylene-
                  100970
                  I

                   tetramine.

                  Hexane
                  110543
                  V

                  Hexanetriol (1,2,6-)
                  106694
                  IV

                  Hydroquinone
                  123319
                  I

                  Hydroxyadipaldehyde
                  141311
                  V

                  Isobutyl acrylate
                  106638
                  V

                  Isobutylene
                  115117
                  V

                  Isophorone
                  78591
                  IV

                  Isophorone nitrile
                  0017
                  V

                  Isophthalic acid
                  121915
                  III

                  Isopropylphenol
                  25168063
                  III

                  Linear alkylbenzene
                  __ d
                  I

                  Maleic anhydride
                  108316
                  I

                  Maleic hydrazide
                  123331
                  I

                  Malic acid
                  6915157
                  I

                  Metanilic acid
                  121471
                  I

                  Methacrylic acid
                  79414
                  V

                  Methanol
                  67561
                  IV

                  Methionine
                  63683
                  I

                  Methyl acetate
                  79209
                  IV

                  Methyl acrylate
                  96333
                  V

                  Methyl bromide (Bromomethane)
                  74839
                  IV

                  Methyl chloride (Chloromethane)
                  74873
                  IV

                  Methyl ethyl ketone (2-butanone)
                  78933
                  V

                  Methyl formate
                  107313
                  II

                  Methyl hydrazine
                  60344
                  IV

                  Methyl isobutyl carbinol
                  108112
                  IV

                  Methyl isobutyl ketone (Hexone)
                  108101
                  IV

                  Methyl isocyanate
                  624839
                  IV

                  Methyl mercaptan
                  74931
                  IV

                  Methyl methacrylate
                  80626
                  IV

                  Methyl phenyl carbinol
                  98851
                  II

                  Methyl tert-butyl ether
                  1634044
                  V

                  Methylamine
                  74895
                  IV

                  Methylaniline (N-)
                  100618
                  III

                  Methylcyclohexane
                  108872
                  III

                  Methylcyclohexanol
                  25639423
                  V

                  Methylcyclohexanone
                  1331222
                  III

                  Methylene chloride (Dichloromethane)
                  75092
                  I

                  Methylene dianiline (4,4′-isomer)
                  101779
                  I

                  Methylene diphenyl diisocyanate (4,4′-) (MDI)
                  101688
                  III

                  Methylionones (a-)
                  79696
                  V

                  Methylpentynol
                  77758
                  V

                  Methylstyrene (a-)
                  98839
                  I

                  Naphthalene
                  91203
                  IV

                  Naphthalene sulfonic acid (a-)
                  85472
                  IV

                  Naphthalene sulfonic acid (b-)
                  120183
                  IV

                  Naphthol (a-)
                  90153
                  IV

                  Naphthol (b-)
                  135193
                  IV

                  Naphtholsulfonic acid (1-)
                  567180
                  V

                  Naphthylamine sulfonic acid (1,4-)
                  84866
                  V

                  Naphthylamine sulfonic acid (2,1-)
                  81163
                  V

                  Naphthylamine (1-)
                  134327
                  V

                  Naphthylamine (2-)
                  91598
                  V

                  Nitroaniline (m-)
                  99092
                  II

                  Nitroaniline (o-)
                  88744
                  I

                  Nitroanisole (o-)
                  91236
                  III

                  Nitroanisole (p-)
                  100174
                  III

                  Nitrobenzene
                  98953
                  I

                  Nitronaphthalene (1-)
                  86577
                  IV

                  Nitrophenol (p-)
                  100027
                  III

                  Nitrophenol (o-)
                  88755
                  III

                  Nitropropane (2-)
                  79469
                  II

                  Nitrotoluene (all isomers)
                  1321126
                  III

                  Nitrotoluene (o-)
                  88722
                  III

                  Nitrotoluene (m-)
                  99081
                  III

                  Nitrotoluene (p-)
                  99990
                  III

                  Nitroxylene
                  25168041
                  V

                  Nonylbenzene (branched)
                  1081772
                  V

                  Nonylphenol
                  25154523
                  V

                  Octene-1
                  111660
                  I

                  Octylphenol
                  27193288
                  III

                  Paraformaldehyde
                  30525894
                  I

                  Paraldehyde
                  123637
                  II

                  Pentachlorophenol
                  87865
                  III

                  Pentaerythritol
                  115775
                  I

                  Peracetic acid
                  79210
                  II

                  Perchloromethyl mercaptan
                  594423
                  IV

                  Phenanthrene
                  85018
                  V

                  Phenetidine (p-)
                  156434
                  III

                  Phenol
                  108952
                  III

                  Phenolphthalein
                  77098
                  III

                  Phenolsulfonic acids (all isomers)
                  1333397
                  III

                  Phenyl anthranilic acid (all isomers)
                  91407
                  III

                  Phenylenediamine (p-)
                  106503
                  I

                  Phloroglucinol
                  108736
                  III

                  Phosgene
                  75445
                  IV

                  Phthalic acid
                  88993
                  III

                  Phthalic anhydride
                  85449
                  III

                  Phthalimide
                  85416
                  III

                  Phthalonitrile
                  91156
                  III

                  Picoline (b-)
                  108996
                  II

                  Piperazine
                  110850
                  I

                  Propiolactone (beta-)
                  57578
                  I

                  Propionaldehyde
                  123386
                  IV

                  Propionic acid
                  79094
                  I

                  Propylene carbonate
                  108327
                  V

                  Propylene dichloride (1,2-dichloropropane)
                  78875
                  IV

                  Propylene glycol
                  57556
                  I

                  Propylene glycol monomethyl ether
                  107982
                  I

                  Propylene oxide
                  75569
                  I

                  Pyrene
                  129000
                  V

                  Pyridine
                  110861
                  II

                  p-tert-Butyl toluene
                  98511
                  III

                  Quinone
                  106514
                  III

                  Resorcinol
                  108463
                  I

                  Salicylic acid
                  69727
                  III

                  Sodium methoxide
                  124414
                  IV

                  Sodium phenate
                  139026
                  III

                  Stilbene
                  588590
                  III

                  Styrene
                  100425
                  I

                  Succinic acid
                  110156
                  I

                  Succinonitrile
                  110612
                  I

                  Sulfanilic acid
                  121573
                  III

                  Sulfolane
                  126330
                  II

                  Tartaric acid
                  526830
                  I

                  Terephthalic acid
                  100210
                  II

                  Tetrabromophthalic anhydride
                  632791
                  III

                  Tetrachlorobenzene (1,2,4,5-)
                  95943
                  I

                  Tetrachloroethane (1,1,2,2-)
                  79345
                  II

                  Tetrachloroethylene (Perchloroethylene)
                  127184
                  I

                  Tetrachlorophthalic-
                  117088
                  III

                   anhydride.

                  Tetraethyl lead
                  78002
                  IV

                  Tetraethylene glycol
                  112607
                  I

                  Tetraethylene-
                  112572
                  V

                   pentamine.

                  Tetrahydrofuran
                  109999
                  I

                  Tetrahydronapthalene
                  119642
                  IV

                  Tetrahydrophthalic anhydride
                  85438
                  II

                  Tetramethylene-
                  110601
                  II

                   diamine.

                  Tetramethylethylenediamine
                  110189
                  V

                  Tetramethyllead
                  75741
                  V

                  Toluene
                  108883
                  I

                  Toluene 2,4 diamine
                  95807
                  II

                  Toluene 2,4 diisocyanate
                  584849
                  II

                  Toluene diisocyanates (mixture)
                  26471625
                  II

                  Toluene sulfonic acids
                  104154
                  III

                  Toluenesulfonyl chloride
                  98599
                  III

                  Toluidine (o-)
                  95534
                  II

                  Trichloroaniline-
                  634935
                  III

                   (2,4,6-).

                  Trichlorobenzene (1,2,3-)
                  87616
                  V

                  Trichlorobenzene (1,2,4-)
                  120821
                  I

                  Trichloroethane
                  71556
                  II

                   (1,1,1-)

                  Trichloroethane (1,1,2-) (Vinyl trichloride)
                  79005
                  II

                  Trichloroethylene
                  79016
                  I

                  Trichlorofluoromethane
                  75694
                  I

                  Trichlorophenol
                  95954
                  I

                   (2,4,5-).

                  (1,1,2-) Trichloro
                  76131
                  I

                   (1,2,2-) trifluoroethane.

                  Triethanolamine
                  102716
                  I

                  Triethylamine
                  121448
                  IV

                  Triethylene glycol
                  112276
                  I

                  Triethylene glycol
                  112492
                  I

                   dimethyl ether.

                  Triethylene glycol monoethyl ether
                  112505
                  V

                  Triethylene glycol monomethyl ether
                  112356
                  I

                  Trimethylamine
                  75503
                  IV

                  Trimethylcyclohexanol
                  933482
                  IV

                  Trimethylcyclo-
                  2408379
                  IV

                   hexanone.

                  Trimethylcyclo-
                  34216347
                  V

                   hexylamine.

                  Trimethylolpropane
                  77996
                  I

                  Trimethylpentane (2,2,4-)
                  540841
                  V

                  Tripropylene glycol
                  24800440
                  V

                  Vinyl acetate
                  108054
                  II

                  Vinyl chloride (Chloroethylene)
                  75014
                  I

                  Vinyl toluene
                  25013154
                  III

                  Vinylcyclohexene (4-)
                  100403
                  II

                  Vinylidene chloride
                  75354
                  II

                   (1,1-dichloroethylene).

                  Vinyl(N-)-pyrrolidone(2-)
                  88120
                  V

                  Xanthates
                  140896
                  V

                  Xylene sulfonic acid
                  25321419
                  III

                  Xylenes (NOS) c

                  1330207
                  I

                  Xylene (m-)
                  108383
                  I

                  Xylene (o-)
                  95476
                  I

                  Xylene (p-)
                  106423
                  I

                  Xylenols (Mixed)
                  1300716
                  V

                  Xylidene
                  1300738
                  III

                  a Isomer means all structural arrangements for the same number of atoms of each element and does not mean salts, esters, or derivatives.

                  b CAS Number = Chemical Abstract Service number.

                  c NOS = not otherwise specified.

                  d No CAS number assigned.

              [59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 61 FR 31439, June 20, 1996; 63 FR 26082, May 12, 1998]

              Pt. 63, Subpt. F, Table 2
              Table 2 to Subpart F of Part 63—Organic Hazardous Air Pollutants

                  Chemical name a b

                  CAS No. c

                  Acenaphthene
                  83329

                  Acetaldehyde
                  75070

                  Acetamide
                  60355

                  Acetonitrile
                  75058

                  Acetophenone
                  98862

                  Acrolein
                  107028

                  Acrylamide
                  79061

                  Acrylic acid
                  79107

                  Acrylonitrile
                  107131

                  Alizarin
                  72480

                  Allyl chloride
                  107051

                  Aniline
                  62533

                  Anisidine (o-)
                  90040

                  Anthracene
                  120127

                  Anthraquinone
                  84651

                  Benzene
                  71432

                  Benzotrichloride
                  98077

                  Benzyl chloride
                  100447

                  Biphenyl
                  92524

                  Bis(chloromethyl)ether
                  542881

                  Bromoform
                  75252

                  Bromonaphthalene
                  27497514

                  Butadiene (1,3-)
                  106990

                  Carbon disulfide
                  75150

                  Carbon tetrachloride
                  56235

                  Chloroacetic acid
                  79118

                  Chloroacetophenone (2-)
                  532274

                  Chlorobenzene
                  108907

                  2-Chloro-,1,3-butadiene (Chloroprene)
                  126998

                  Chloroform
                  67663

                  Chloronaphthalene
                  25586430

                  Chrysene
                  218019

                  Cresols and cresylic acids (mixed)
                  1319773

                  Cresol and cresylic acid (o-)
                  95487

                  Cresol and cresylic acid (m-)
                  108394

                  Cresol and cresylic acid (p-)
                  106445

                  Cumene
                  98828

                  Dichlorobenzene (p-)
                  106467

                  Dichlorobenzidine (3,3′-)
                  91941

                  Dichloroethane (1,2-) (Ethylene dichloride) (EDC)
                  107062

                  Dichloroethylether (Bis(2-chloroethyl)ether)
                  111444

                  Dichloropropene (1,3-)
                  542756

                  Diethanolamine (2,2′-Iminodiethanol)
                  111422

                  Dimethylaniline (N,N-)
                  121697

                  Diethyl sulfate
                  64675

                  Dimethylbenzidine (3,3′-)
                  119937

                  Dimethylformamide (N,N-)
                  68122

                  Dimethylhydrazine (1,1-)
                  58147

                  Dimethylphthalate
                  131113

                  Dimethylsulfate
                  77781

                  Dinitrophenol (2,4-)
                  51285

                  Dinitrotoluene (2,4-)
                  121142

                  Dioxane (1,4-) (1,4-Diethyleneoxide)
                  123911

                  1,2-Diphenylhydrazine
                  122667

                  Epichlorohydrin (1-Chloro-2,3-epoxypropane)
                  106898

                  Ethyl acrylate
                  140885

                  Ethylbenzene
                  100414

                  Ethyl chloride (Chloroethane)
                  75003

                  Ethylene dibromide (Dibromoethane)
                  106934

                  Ethylene glycol
                  107211

                  Ethylene oxide
                  75218

                  Ethylidene dichloride (1,1-Dichloroethane)
                  75343

                  Fluoranthene
                  206440

                  Formaldehyde
                  50000

                  Glycol ethers d

                  Hexachlorobenzene
                  118741

                  Hexachlorobutadiene
                  87683

                  Hexachloroethane
                  67721

                  Hexane
                  110543

                  Hydroquinone
                  123319

                  Isophorone
                  78591

                  Maleic anhydride
                  108316

                  Methanol
                  67561

                  Methylbromide (Bromomethane)
                  74839

                  Methylchloride (Chloromethane)
                  74873

                  Methyl hydrazine
                  60344

                  Methyl isobutyl ketone (Hexone)
                  108101

                  Methyl isocyanate
                  624839

                  Methyl methacrylate
                  80626

                  Methyl tert-butyl ether
                  1634044

                  Methylene chloride (Dichloromethane)
                  75092

                  Methylene diphenyl diisocyanate (4,4′-) (MDI)
                  101688

                  Methylenedianiline (4,4′-)
                  101779

                  Naphthalene
                  91203

                  Naphthalene sulfonic acid (α)
                  85472

                  Naphthalene sulfonic acid (β)
                  120183

                  Naphthol (α)
                  90153

                  Naphthol (β)
                  135193

                  Naphtholsulfonic acid (1-)
                  567180

                  Naphthylamine sulfonic acid (1,4-)
                  84866

                  Naphthylamine sulfonic acid (2,1-)
                  81163

                  Naphthylamine (1-)
                  134327

                  Naphthylamine (2-)
                  91598

                  Nitronaphthalene (1-)
                  86577

                  Nitrobenzene
                  98953

                  Nitrophenol (p-)
                  100027

                  Nitropropane (2-)
                  79469

                  Phenanthrene
                  85018

                  Phenol
                  108952

                  Phenylenediamine (p-)
                  106503

                  Phosgene
                  75445

                  Phthalic anhydride
                  85449

                  Propiolactone (beta-)
                  57578

                  Propionaldehyde
                  123386

                  Propylene dichloride (1,2-Dichloropropane)
                  78875

                  Propylene oxide
                  75569

                  Pyrene
                  129000

                  Quinone
                  106514

                  Styrene
                  100425

                  Tetrachloroethane (1,1,2,2-)
                  79345

                  Tetrachloroethylene (Perchloroethylene)
                  127184

                  Tetrahydronaphthalene
                  119642

                  Toluene
                  108883

                  Toluene diamine (2,4-)
                  95807

                  Toluene diisocyanate (2,4-)
                  584849

                  Toluidine (o-)
                  95534

                  Trichlorobenzene (1,2,4-)
                  120821

                  Trichloroethane (1,1,1-) (Methyl chloroform)
                  71556

                  Trichloroethane (1,1,2-) (Vinyl trichloride)
                  79005

                  Trichloroethylene
                  79016

                  Trichlorophenol (2,4,5-)
                  95954

                  Triethylamine
                  121448

                  Trimethylpentane (2,2,4-)
                  540841

                  Vinyl acetate
                  108054

                  Vinyl chloride (Chloroethylene)
                  75014

                  Vinylidene chloride (1,1-Dichloroethylene)
                  75354

                  Xylenes (NOS)
                  1330207

                  Xylene (m-)
                  108383

                  Xylene (o-)
                  95476

                  Xylene (p-)
                  106423

                  a For all Listings above containing the word “Compounds,” the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic) as part of that chemical's infrastructure.

                  b Isomer means all structural arrangements for the same number of atoms of each element and does not mean salts, esters, or derivatives.

                  c CAS No. = Chemical Abstract Service number.

                  d Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2 CH2n-OR where:
                 n = 1, 2, or 3;
                 R = alkyl or aryl groups; and
                 R″ = R, H or groups which, when removed, yield glycol ethers with the structure:
                  R-(OCH2 CH2n-OH
                Polymers are excluded from the glycol category.

              [62 FR 2735, Jan. 17, 1997, as amended at 71 FR 76614, Dec. 21, 2006]

              Pt. 63, Subpt. F, Table 3
              Table 3 to Subpart F of Part 63—General Provisions Applicability to Subparts F, G, and H a to Subpart F

                  Reference
                  Applies to subparts F, G, and H
                  Comment

                  63.1(a)(1)
                  Yes
                  Overlap clarified in § 63.101, § 63.111, § 63.161.

                  63.1(a)(2)
                  Yes

                  63.1(a)(3)
                  Yes
                  § 63.110 and § 63.160(b) of subparts G and H identify which standards are overridden.

                  63.1(a)(4)
                  No
                  Subpart F specifies applicability of each paragraph in subpart A to subparts F, G, and H.

                  63.1 (a)(5)-(a)(9)
                  No

                  63.1(a)(10)
                  No
                  Subparts F, G, and H specify calendar or operating day.

                  63.1(a)(11)
                  No
                  Subpart F § 63.103(d) specifies acceptable methods for submitting reports. a

                  63.1 (a)(12)-(a)(14)
                  Yes

                  63.1(b)(1)
                  No
                  Subpart F specifies applicability.

                  63.1(b)(2)
                  Yes

                  63.1(b)(3)
                  No

                  63.1(c)(1)
                  No
                  Subpart F specifies applicability.

                  63.1(c)(2)
                  No
                  Area sources are not subject to subparts F, G, and H.

                  63.1(c)(3)
                  No

                  63.1(c)(4)
                  Yes

                  63.1(c)(5)
                  No
                  Subparts G and H specify applicable notification requirements.

                  63.1(d)
                  No

                  63.1(e)
                  No
                  Subparts F, G, and H established before permit program.

                  63.2
                  Yes
                  Subpart F § 63.101(a) specifies those subpart A definitions that apply to the HON. Subpart F definition of “source” is equivalent to subpart A definition of “affected source.”

                  63.3
                  No
                  Units of measure are spelled out in subparts F, G, and H.

                  63.4 (a)(1)-(a)(3)
                  Yes

                  63.4(a)(4)
                  No
                  This is a reserved paragraph in subpart A of part 63.

                  63.4(a)(5)
                  Yes

                  63.4(b)
                  Yes

                  63.4(c)
                  Yes

                  63.5(a)(1)
                  Yes
                  Except the terms “source” and “stationary source” in § 63.5(a)(1) should be interpreted as having the same meaning as “affected source.”

                  63.5(a)(2)
                  Yes

                  63.5(b)(1)
                  Yes
                  Except § 63.100(l) defines when construction or reconstruction is subject to standards for new sources.

                  63.5(b)(2)
                  No
                  This is a reserved paragraph in subpart A of part 63.

                  63.5(b)(3)
                  Yes

                  63.5(b)(4)
                  Yes
                  Except the cross reference to § 63.9(b) is limited to § 63.9(b) (4) and (5). Subpart F overrides § 63.9 (b)(1) through (b)(3).

                  63.5(b)(5)
                  Yes

                  63.5(b)(6)
                  Yes
                  Except § 63.100(l) defines when construction or reconstruction is subject to standards for new sources.

                  63.5(c)
                  No
                  This is a reserved paragraph in subpart A of part 63.

                  63.5(d)(1)(i)
                  No
                  For subpart G, see § 63.151(b) (2)(ii) and (2)(iii) for the applicability and timing of this submittal; for subpart H, see § 63.182(b) (2)(ii) and (b)(2)(iii) for applicability and timing of this submittal.

                  63.5(d)(1)(ii)
                  Yes
                  Except § 63.5(d)(1)(ii)(H) does not apply.

                  63.5(d)(1)(iii)
                  No
                  Subpart G requires submittal of the Notification of Compliance Status in § 63.152(b); subpart H specifies requirements in § 63.182(c).

                  63.5(d)(2)
                  No

                  63.5(d)(3)
                  Yes—subpart G No—subpart H
                  Except § 63.5(d)(3)(ii) does not apply to subpart G.

                  63.5(d)(4)
                  Yes

                  63.5(e)
                  Yes

                  63.5(f)(1)
                  Yes

                  63.5(f)(2)
                  Yes
                  Except the cross-reference to § 63.5(d)(1) is changed to § 63.151(b)(2)(ii) of subpart G and to § 63.182(b)(2)(ii) of subpart H. The cross-reference to § 63.5(b)(2) does not apply.

                  63.6(a)
                  Yes

                  63.6(b)(1)
                  No
                  Subparts F and H specify compliance dates for sources subject to subparts F, G, and H.

                  63.6(b)(2)
                  No

                  63.6(b)(3)
                  Yes

                  63.6(b)(4)
                  No
                  May apply when standards are proposed under Section 112(f) of the Clean Air Act.

                  63.6(b)(5)
                  No
                  Subparts G and H include notification requirements.

                  63.6(b)(6)
                  No

                  63.6(b)(7)
                  No

                  63.6(c)(1)
                  No
                  Subpart F specifies the compliance dates for subparts G and H.

                  63.6(c)(2)
                  No

                  63.6(c)(3)
                  No

                  63.6(c)(4)
                  No

                  63.6(c)(5)
                  Yes

                  63.6(d)
                  No

                  63.6(e)
                  Yes
                  Except as otherwise specified for individual paragraphs. Does not apply to Group 2 emission points unless they are included in an emissions average. b

                  63.6(e)(1)(i)
                  No
                  This is addressed by § 63.102(a)(4) of subpart F.

                  63.6(e)(1)(ii)
                  Yes

                  63.6(e)(1)(iii)
                  Yes

                  63.6(e)(2)
                  Yes

                  63.6(e)(3)(i)
                  Yes
                  For subpart H, the startup, shutdown, and malfunction plan requirement of § 63.6(e)(3)(i) is limited to control devices subject to the provisions of subpart H and is optional for other equipment subject to subpart H. The startup, shutdown, and malfunction plan may include written procedures that identify conditions that justify a delay of repair.

                  63.6(e)(3)(i)(A)
                  No
                  This is addressed by § 63.102(a)(4).

                  63.6(e)(3)(i)(B)
                  Yes

                  63.6(e)(3)(i)(C)
                  Yes

                  63.6(e)(3)(ii)
                  Yes

                  63.6(e)(3)(iii)
                  No
                  Recordkeeping and reporting are specified in § 63.103(c)(2) of subpart F and § 63.152(d)(1) of subpart G.

                  63.6(e)(3)(iv)
                  No
                  Recordkeeping and reporting are specified in § 63.103(c)(2) of subpart F and § 63.152(d)(1) of subpart G.

                  63.6(e)(3)(v)
                  No
                  Records retention requirements are specified in § 63.103(c).

                  63.6(e)(3)(vi)
                  Yes

                  63.6(e)(3)(vii)
                  Yes

                  63.6(e)(3)(vii)(A)
                  Yes

                  63.6(e)(3)(vii)(B)
                  Yes
                  Except the plan must provide for operation in compliance with § 63.102(a)(4).

                  63.6(e)(3)(vii)(C)
                  Yes

                  63.6(e)(3)(viii)
                  Yes

                  63.6(e)(3)(ix)
                  Yes

                  63.6(f)(1)
                  No
                  § 63.102(a) of subpart F specifies when the standards apply.

                  63.6(f)(2)(i)
                  Yes

                  63.6(f)(2)(ii)
                  Yes—subpart G No—subpart H
                  § 63.152(c)(2) of subpart G specifies the use of monitoring data in determining compliance with subpart G.

                  63.6(f)(2)(iii) (A), (B), and (C)
                  Yes

                  63.6(f)(2)(iii)(D)
                  No

                  63.6(f)(2)(iv)
                  Yes

                  63.6(f)(2)(v)
                  Yes

                  63.6(f)(3)
                  Yes

                  63.6(g)
                  No
                  Procedures specified in § 63.102(b) of subpart F.

                  63.6(h)
                  No

                  63.6(i)(1)
                  Yes

                  63.6(i)(2)
                  Yes

                  63.6(i)(3)
                  No
                  For subpart G, § 63.151(a)(6) specifies procedures; for subpart H, § 63.182(a)(6) specifies procedures.

                  63.6(i)(4)(i)(A)
                  Yes

                  63.6(i)(4)(i)(B)
                  No
                  Dates are specified in § 63.151(a)(6)(i) of subpart G and § 63.182(a)(6)(i) of subpart H.

                  63.6(i)(4)(ii)
                  No

                  63.6(i) (5)-(14)
                  Yes

                  63.6(i)(15)
                  No

                  63.6(i)(16)
                  Yes

                  63.6(j)
                  Yes

                  63.7(a)(1)
                  No
                  Subparts F, G, and H specify required testing and compliance demonstration procedures.

                  63.7(a)(2)
                  No
                  For subpart G, test results must be submitted in the Notification of Compliance Status due 150 days after compliance date, as specified in § 63.152(b); for subpart H, all test results subject to reporting are reported in periodic reports.

                  63.7(a)(3)
                  Yes

                  63.7(b)
                  No

                  63.7(c)
                  No

                  63.7(d)
                  Yes

                  63.7(e)(1)
                  Yes

                  63.7(e)(2)
                  Yes

                  63.7(e)(3)
                  No
                  Subparts F, G, and H specify test methods and procedures.

                  63.7(e)(4)
                  Yes

                  63.7(f)
                  No
                  Subparts F, G, and H specify applicable methods and provide alternatives.

                  63.7(g)
                  No
                  Performance test reporting specified in § 63.152(b) of subpart G: Not applicable to subpart H because no performance test required by subpart H.

                  63.7(h)(1)
                  Yes

                  63.7(h)(2)
                  Yes

                  63.7(h)(3)
                  No
                  § 63.103(b)(5) of subpart F specifies provisions for requests to waive performance tests.

                  63.7(h)(4)
                  No

                  63.7(h)(5)
                  Yes

                  63.8(a)(1)
                  Yes

                  63.8(a)(2)
                  No

                  63.8(a)(3)
                  No

                  63.8(a)(4)
                  Yes

                  63.8(b)(1)
                  Yes

                  63.8(b)(2)
                  No
                  Subparts G and H specify locations to conduct monitoring.

                  63.8(b)(3)
                  Yes

                  63.8(c)(1)(i)
                  Yes

                  63.8(c)(1)(ii)
                  No
                  For subpart G, submit as part of periodic report required by § 63.152(c); for subpart H, retain as required by § 63.181(g)(2)(ii).

                  63.8(c)(1)(iii)
                  Yes

                  63.8(c)(2)
                  Yes

                  63.8(c)(3)
                  Yes

                  63.8(c)(4)
                  No
                  Subpart G specifies monitoring frequency by kind of emission point and control technology used (e.g., § 63.111, § 63.120(d)(2), § 63.143, and § 63.152(f)); subpart H does not require use of continuous monitoring systems.

                  63.8 (c)(5)-(c)(8)
                  No

                  63.8(d)
                  No

                  63.8(e)
                  No

                  63.8 (f)(1)-(f)(3)
                  Yes

                  63.8(f)(4)(i)
                  No
                  Timeframe for submitting request specified in § 63.151(f) or (g) of subpart G; not applicable to subpart H because subpart H specifies acceptable alternative methods.

                  63.8(f)(4)(ii)
                  Yes

                  63.8(f)(4)(iii)
                  No

                  63.8(f)(5)(i)
                  Yes

                  63.8(f)(5)(ii)
                  No

                  63.8(f)(5)(iii)
                  Yes

                  63.8(f)(6)
                  No
                  Subparts G and H do not require continuous emission monitoring.

                  63.8(g)
                  No
                  Data reduction procedures specified in § 63.152(f) and (g) of subpart G; not applicable to subpart H.

                  63.9(a)
                  Yes

                  63.9(b)(1)
                  No
                  Specified in § 63.151(b)(2) of subpart G; specified in § 63.182(b) of subpart H.

                  63.9(b)(2)
                  No
                  Initial Notification provisions are specified in § 63.151(b) of subpart G; in § 63.182(b) of subpart H.

                  63.9(b)(3)
                  No

                  63.9(b)(4)
                  Yes
                  Except that the notification in § 63.9(b)(4)(i) shall be submitted at the time specified in § 63.151(b)(2)(ii) of subpart G; in § 63.182(b)(2) of subpart H.

                  63.9(b)(5)
                  Yes
                  Except that the notification in § 63.9(b)(5) shall be submitted at the time specified in § 63.151(b)(2)(ii) of subpart G; in § 63.182 (b)(2) of subpart H.

                  63.9(c)
                  Yes

                  63.9(d)
                  Yes

                  63.9(e)
                  No

                  63.9(f)
                  No

                  63.9(g)
                  No

                  63.9(h)
                  No
                  § 63.152(b) of subpart G and § 63.182 (c) of subpart H specify Notification of Compliance Status requirements.

                  63.9(i)
                  Yes

                  63.9(j)
                  No

                  63.10(a)
                  Yes

                  63.10(b)(1)
                  No
                  § 63.103(c) of subpart F specifies record retention requirements.

                  63.10(b)(2)
                  No
                  § 63.103(c) of subpart F specifies required records.

                  63.10(b)(3)
                  No

                  63.10(c)
                  No

                  63.10(d)(1)
                  No

                  63.10(d)(2)
                  No
                  § 63.152(b) of subpart G specifies performance test reporting; not applicable to subpart H.

                  63.10(d)(3)
                  No

                  63.10(d)(4)
                  Yes

                  63.10(d)(5)
                  Yes
                  Except that reports required by § 63.10(d)(5) shall be submitted at the time specified in § 63.152(d) of subpart G and in § 63.182(d) of subpart H.

                  63.10(e)
                  No

                  63.10(f)
                  Yes

                  63.11-63.15
                  Yes

                  a Wherever subpart A specifies “postmark” dates, submittals may be sent by methods other than the U.S. Mail (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is not necessarily required.

                  b The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission points unless they are included in an emissions average.

              [62 FR 2737, Jan. 17, 1997, as amended at 71 FR 20456, Apr. 20, 2006]

              Pt. 63, Subpt. F, Table 4
              Table 4 to Subpart F of Part 63—Organic Hazardous Air Pollutants Subject to Cooling Tower Monitoring Requirements in § 63.104

                  Chemical name
                  CASNumber a

                  Acetaldehyde
                  75070

                  Acetonitrile
                  75058

                  Acetophenone
                  98862

                  Acrolein
                  107028

                  Acrylonitrile
                  107131

                  Allyl chloride
                  107051

                  Aniline
                  62533

                  Anisidine (o-)
                  90040

                  Benzene
                  71432

                  Benzyl chloride
                  100447

                  Biphenyl
                  92524

                  Bromoform
                  75252

                  Butadiene (1,3-)
                  106990

                  Carbon disulfide
                  75150

                  Carbon tetrachloride
                  56235

                  Chloroacetophenone (2-)
                  532274

                  Chlorobenzene
                  108907

                  2-Chloro-1,3-butadiene (Chloroprene)
                  126998

                  Chloroform
                  67663

                  Cresol and cresylic acid (o-)
                  95487

                  Cresol and cresylic acid (m-)
                  108394

                  Cresol and cresylic acid (p-)
                  106445

                  Cumene
                  98828

                  Dichlorobenzene (p-)
                  106467

                  Dichlorobenzidine (3,3″-)
                  91941

                  Dichloroethane (1,2-) (Ethylene dichloride) (EDC)
                  107062

                  Dichloroethyl ether (Bis(2-chloroethyl)ether)
                  111444

                  Dichloropropene (1,3-)
                  542756

                  Diethylene glycol diethyl ether
                  112367

                  Diethylene glycol dimethyl ether
                  111966

                  Diethyl sulfate
                  64675

                  Dimethylaniline (N,N-)
                  121697

                  Dimethylhydrazine (1,1-)
                  57147

                  Dimethyl phthalate
                  131113

                  Dimethyl sulfate
                  77781

                  Dinitrophenol (2,4-)
                  51285

                  Dinitrotoluene (2,4-)
                  121142

                  Dioxane (1,4-) (1,4-Diethyleneoxide)
                  123911

                  Epichlorohydrin (1-Chloro-2,3-epoxypropane)
                  106898

                  Ethyl acrylate
                  140885

                  Ethylbenzene
                  100414

                  Ethyl chloride (Chloroethane)
                  75003

                  Ethylene dibromide (Dibromoethane)
                  106934

                  Ethylene glycol dimethyl ether
                  110714

                  Ethylene glycol monobutyl ether
                  111762

                  Ethylene glycol monobutyl ether acetate
                  112072

                  Ethylene glycol monoethyl ether acetate
                  111159

                  Ethylene glycol monoethyl ether
                  110805

                  Ethylene glycol monomethyl ether
                  109864

                  Ethylene glycol monomethyl ether acetate
                  110496

                  Ethylene glycol monopropyl ether
                  2807309

                  Ethylene oxide
                  75218

                  Ethylidene dichloride (1,1-Dichloroethane)
                  75343

                  Formaldehyde
                  50000

                  Hexachlorobenzene
                  118741

                  Hexachlorobutadiene
                  87683

                  Hexachloroethane
                  67721

                  Hexane
                  110543

                  Isophorone
                  78591

                  Methanol
                  67561

                  Methyl bromide (Bromomethane)
                  74839

                  Methyl chloride (Chloromethane)
                  74873

                  Methyl hydrazine
                  60344

                  Methyl isobutyl ketone (Hexone)
                  108101

                  Methyl methacrylate
                  80626

                  Methyl tert-butyl ether
                  1634044

                  Methylene chloride (Dichloromethane)
                  75092

                  Methylenedianiline (4,4″-)
                  101779

                  Naphthalene
                  91203

                  Nitrobenzene
                  98953

                  Nitropropane (2-)
                  79469

                  Phenol
                  108952

                  Phenylenediamine (p-)
                  106503

                  Phosgene
                  75445

                  Propionaldehyde
                  123386

                  Propylene dichloride (1,2-Dichloropropane)
                  78875

                  Propylene oxide
                  75569

                  Quinone
                  106514

                  Styrene
                  100425

                  Tetrachloroethane (1,1,2,2-)
                  79345

                  Tetrachloroethylene (Perchloroethylene)
                  127184

                  Toluene
                  108883

                  Toluidine (o-)
                  95534

                  Trichlorobenzene (1,2,4-)
                  120821

                  Trichloroethane (1,1,1-) (Methyl chloroform)
                  71556

                  Trichloroethane (1,1,2-) (Vinyl trichloride)
                  79005

                  Trichloroethylene
                  79016

                  Trichlorophenol (2,4,5-)
                  95954

                  Triethylamine
                  121448

                  Trimethylpentane (2,2,4-)
                  540841

                  Vinyl acetate
                  108054

                  Vinyl chloride (chloroethylene)
                  75014

                  Vinylidene chloride (1,1-Dichloroethylene)
                  75354

                  Xylene (m-)
                  108383

                  Xylene (o-)
                  95476

                  Xylene (p-)
                  106423

                  a CAS Number = Chemical Abstract Service number.

              [62 FR 2740, Jan. 17, 1997, as amended at 71 FR 76614, Dec. 21, 2006]

            Subpart G—National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater

              Source:
              59 FR 19468, Apr. 22, 1994, unless otherwise noted.

              § 63.110
              Applicability.
              (a) This subpart applies to all process vents, storage vessels, transfer racks, wastewater streams, and in-process equipment subject to § 63.149 within a source subject to subpart F of this part.
              (b) Overlap with other regulations for storage vessels. (1) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 or Group 2 storage vessel that is also subject to the provisions of 40 CFR part 60, subpart Kb is required to comply only with the provisions of this subpart.
              (2) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 storage vessel that is also subject to the provisions of 40 CFR part 61, subpart Y is required to comply only with the provisions of this subpart.
              (3) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 2 storage vessel that is also subject to the provisions of 40 CFR part 61, subpart Y is required to comply only with the provisions of 40 CFR part 61, subpart Y. The recordkeeping and reporting requirements of 40 CFR part 61, subpart Y will be accepted as compliance with the recordkeeping and reporting requirements of this subpart.
              (c) Overlap with other regulations for transfer racks. (1) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 transfer rack that is also subject to the provisions of 40 CFR part 61, subpart BB is required to comply only with the provisions of this subpart.
              (2) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 2 transfer rack that is also subject to the provisions of 40 CFR part 61, subpart BB is required to comply with the provisions of either paragraph (c)(2)(i) or (c)(2)(ii) of this subpart.
              (i) If the transfer rack is subject to the control requirements specified in § 61.302 of 40 CFR part 61, subpart BB, then the transfer rack is required to comply with the control requirements of § 61.302 of 40 CFR part 61, subpart BB. The owner or operator may elect to comply with either the associated testing, monitoring, reporting, and recordkeeping requirements of 40 CFR part 61, subpart BB or with the testing, monitoring, recordkeeping, and reporting requirements specified in this subpart for Group 1 transfer racks. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment.
              (ii) If the transfer rack is subject only to reporting and recordkeeping requirements under 40 CFR part 61, subpart BB, then the transfer rack is required to comply only with the reporting and recordkeeping requirements specified in this subpart for Group 2 transfer racks and is exempt from the reporting and recordkeeping requirements in 40 CFR part 61, subpart BB.
              (d) Overlap with other regulations for process vents. (1) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 process vent that is also subject to the provisions of 40 CFR part 60, subpart III is required to comply only with the provisions of this subpart.
              (2) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of a Group 2 process vent that is also subject to the provisions of 40 CFR part 60, subpart III shall determine requirements according to paragraphs (d)(2)(i) and (d)(2)(ii) of this section.
              (i) If the Group 2 process vent has a TRE value less than 1 as determined by the procedures in 40 CFR part 60, subpart III, the process vent is required to comply with the provisions in paragraphs (d)(2)(i)(A) through (d)(2)(i)(C) of this section.

              (A) The provisions in both this subpart and in 40 CFR part 60, subpart III for applicability determination and the associated recordkeeping and reporting;
              (B) The provisions in both this subpart and in 40 CFR part 60, subpart III for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; and
              (C) The control requirements in § 60.612 of 40 CFR part 60, subpart III. The owner or operator may elect to comply with either the associated testing, monitoring, reporting, and recordkeeping requirements of 40 CFR part 60, subpart III or with the testing, monitoring, reporting, and recordkeeping requirements specified in this subpart for Group 1 process vents. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment.
              (ii) If the Group 2 process vent has a TRE value greater than or equal to 1 as determined by the procedures in 40 CFR part 60, subpart III, the process vent is required to comply only with the provisions specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) of this section.
              (A) The provisions in both this subpart and in 40 CFR part 60, subpart III for applicability determination and the associated recordkeeping and reporting;
              (B) The provisions in both this subpart and in 40 CFR part 60, subpart III for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting;
              (C) If the provisions of both this subpart and 40 CFR part 60, subpart III require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in this subpart for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping.
              (D) If only the provisions of 40 CFR part 60, subpart III require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in 40 CFR part 60, subpart III for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping.
              (3) After the compliance dates specified in 63.100 of subpart F of this part, if an owner or operator of a process vent subject to this subpart that is also subject to the provisions of 40 CFR part 60, subpart III elects to control the process vent to the levels required in § 63.113 (a)(1) or (a)(2) of this subpart without calculating the TRE index value for the vent according to the procedures specified in § 63.115(d) of this subpart then the owner or operator shall comply with the testing, monitoring, reporting, and recordkeeping provisions of this subpart and shall be exempt from the testing, monitoring, reporting, and recordkeeping provisions of 40 CFR part 60, subpart III.
              (4) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 process vent that is also subject to the provisions of 40 CFR part 60, subpart NNN is required to comply only with the provisions of this subpart.
              (5) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of a Group 2 process vent that is also subject to the provisions of 40 CFR part 60, subpart NNN shall determine requirements according to paragraphs (d)(5)(i) and (d)(5)(ii) of this section.
              (i) If the Group 2 process vent has a TRE value less than 1 as determined by the procedures in 40 CFR part 60, subpart NNN, the process vent is required to comply with the provisions in paragraphs (d)(5)(i)(A) through (d)(5)(i)(C) of this section.
              (A) The provisions in both this subpart and in 40 CFR part 60, subpart NNN for applicability determination and the associated recordkeeping and reporting;
              (B) The provisions in both this subpart and in 40 CFR part 60, subpart NNN for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; and

              (C) The control requirements in § 60.662 of 40 CFR part 60, subpart NNN. The owner or operator may elect to comply with either the associated testing, monitoring, reporting, and recordkeeping requirements of 40 CFR part 60, subpart NNN or with the testing, monitoring, reporting, and recordkeeping requirements specified in this subpart for Group 1 process vents. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment.
              (ii) If the Group 2 process vent has a TRE value greater than or equal to 1 as determined by the procedures in 40 CFR part 60, subpart NNN, the process vent is required to comply only with the provisions specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(D) of this section.
              (A) The provisions in both this subpart and in 40 CFR part 60, subpart NNN for applicability determination and the associated recordkeeping and reporting;
              (B) The provisions in both this subpart and in 40 CFR part 60, subpart NNN for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting;
              (C) If the provisions of both this subpart and 40 CFR part 60, subpart NNN require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in this subpart for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping.
              (D) If only the provisions of 40 CFR part 60, subpart NNN require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in 40 CFR part 60, subpart NNN for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping.
              (6) After the compliance dates specified in § 63.100 of subpart F of this part, if an owner or operator of a process vent subject to this subpart that is also subject to the provisions of 40 CFR part 60, subpart NNN elects to control the process vent to the levels required in § 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE index value for the vent according to the procedures specified in § 63.115(d) of this subpart then the owner or operator shall comply with the testing, monitoring, reporting, and recordkeeping provisions of this subpart and shall be exempt from the testing, monitoring, reporting, and recordkeeping provisions of 40 CFR part 60, subpart NNN.
              (7) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 process vent that is also subject to the provisions of 40 CFR part 60, subpart RRR is required to comply only with the provisions of this subpart.
              (8) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of a Group 2 process vent that is also subject to the provisions of 40 CFR part 60, subpart RRR shall determine requirements according to paragraphs (d)(8)(i) and (d)(8)(ii) of this section.
              (i) If the Group 2 process vent has a TRE value less than 1 as determined by the procedures in 40 CFR part 60, subpart RRR, the process vent is required to comply with the provisions in paragraphs (d)(8)(i)(A) through (d)(8)(i)(C) of this section.
              (A) The provisions in both this subpart and in 40 CFR part 60, subpart RRR for applicability determination and the associated recordkeeping and reporting;
              (B) The provisions in both this subpart and in 40 CFR part 60, subpart RRR for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; and
              (C) The control requirements in § 60.702 of 40 CFR part 60, subpart RRR. The owner or operator may elect to comply with either the associated testing, monitoring, reporting, and recordkeeping requirements of 40 CFR part 60, subpart RRR or with the testing, monitoring, reporting, and recordkeeping requirements specified in this subpart for Group 1 process vents. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment.

              (ii) If the Group 2 process vent has a TRE value greater than or equal to 1 as determined by the procedures in 40 CFR part 60, subpart RRR, the process vent is required to comply only with the provisions specified in paragraphs (d)(8)(ii)(A) through (d)(8)(ii)(D) of this section.
              (A) The provisions in both this subpart and in 40 CFR part 60, subpart RRR for applicability determination and the associated recordkeeping and reporting;
              (B) The provisions in both this subpart and in 40 CFR part 60, subpart RRR for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting;
              (C) If the provisions of both this subpart and 40 CFR part 60, subpart RRR require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in this subpart for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping.
              (D) If only the provisions of 40 CFR part 60, subpart RRR require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in 40 CFR part 60, subpart RRR for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping.
              (9) After the compliance dates specified in § 63.100 of subpart F of this part, if an owner or operator of a process vent subject to this subpart that is also subject to the provisions of 40 CFR part 60, subpart RRR elects to control the process vent to the levels required in § 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE index value for the vent according to the procedures specified in § 63.115(d) of this subpart then the owner or operator shall comply with the testing, monitoring, reporting, and recordkeeping provisions of this subpart and shall be exempt from the testing, monitoring, reporting, and recordkeeping provisions of 40 CFR part 60, subpart RRR.
              (10) As an alternative to the requirements of paragraphs (d)(2), (d)(3), (d)(5), (d)(6), (d)(8), and/or (d)(9) of this section as applicable, if a chemical manufacturing process unit has equipment subject to the provisions of this subpart and equipment subject to the provisions of 40 CFR part 60, subpart III, NNN, or RRR, the owner or operator may elect to apply this subpart to all such equipment in the chemical manufacturing process unit. If the owner or operator elects this method of compliance, all total organic compounds minus methane and ethane, in such equipment shall be considered for purposes of applicability and compliance with this subpart, as if they were organic hazardous air pollutants. Compliance with the provisions of this subpart, in the manner described in this paragraph, shall be deemed to constitute compliance with 40 CFR part 60, subpart III, NNN, or RRR, as applicable.
              (e) Overlap with other regulations for wastewater. (1) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of a Group 1 or Group 2 wastewater stream that is also subject to the provisions of 40 CFR part 61, subpart FF is required to comply with the provisions of both this subpart and 40 CFR part 61, subpart FF. Alternatively, the owner or operator may elect to comply with the provisions of paragraphs (e)(1)(i) and (e)(1)(ii) of this section, which shall constitute compliance with the provisions of 40 CFR part 61, subpart FF.
              (i) Comply with the provisions of this subpart; and
              (ii) For any Group 2 wastewater stream or organic stream whose benzene emissions are subject to control through the use of one or more treatment processes or waste management units under the provisions of 40 CFR part 61, subpart FF on or after December 31, 1992, comply with the requirements of this subpart for Group 1 wastewater streams.
              (2) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of any Group 1 or Group 2 wastewater stream that is also subject to provisions in 40 CFR parts 260 through 272 shall comply with the requirements of either paragraph (e)(2)(i) or (e)(2)(ii) of this section.

              (i) For each Group 1 or Group 2 wastewater stream, the owner or operator shall comply with the more stringent control requirements (e.g., waste management units, numerical treatment standards, etc.) and the more stringent testing, monitoring, recordkeeping, and reporting requirements that overlap between the provisions of this subpart and the provisions of 40 CFR parts 260 through 272. The owner or operator shall keep a record of the information used to determine which requirements were the most stringent and shall submit this information if requested by the Administrator; or
              (ii) The owner or operator shall submit, no later than four months before the applicable compliance date specified in § 63.100 of subpart F of this part, a request for a case-by-case determination of requirements. The request shall include the information specified in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.
              (A) Identification of the wastewater streams that are subject to this subpart and to provisions in 40 CFR parts 260 through 272, determination of the Group 1/Group 2 status of those streams, determination of whether or not those streams are listed or exhibit a characteristic as specified in 40 CFR part 261, and determination of whether the waste management unit is subject to permitting under 40 CFR part 270.
              (B) Identification of the specific control requirements (e.g., waste management units, numerical treatment standards, etc.) and testing, monitoring, recordkeeping, and reporting requirements that overlap between the provisions of this subpart and the provisions of 40 CFR parts 260 through 272.
              (f) Overlap with the Vinyl Chloride NESHAP. (1) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of any Group 1 process vent that is also subject to the provisions of 40 CFR part 61, subpart F shall comply only with the provisions of this subpart.
              (2) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of any Group 2 process vent that is also subject to the provisions of 40 CFR part 61, subpart F shall comply with the provisions specified in either paragraph (f)(2)(i) or (f)(2)(ii) of this subpart.
              (i) If the process vent is already controlled by a combustion device meeting the requirements of 40 CFR part 61, subpart F, then the owner or operator shall comply with either the associated testing, monitoring, reporting, and recordkeeping provisions for Group 1 process vents in this subpart or the testing, monitoring, reporting, and recordkeeping provisions of 40 CFR part 61, subpart F. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment.
              (ii) If the process vent is not already controlled by a combustion device, then the owner or operator shall comply with the provisions of both this subpart and 40 CFR part 61, subpart F.
              (3) After the compliance dates specified in § 63.100 of subpart F of this part, if an owner or operator of a process vent subject to this subpart that is also subject to the provisions of 40 CFR part 61, subpart F elects to control the process vent to the levels required in § 63.113(a)(1) or (a)(2) of this subpart without calculating the TRE index value for the vent according to the procedures specified in § 63.115(d) of this subpart then the owner or operator shall comply with the testing, monitoring, reporting, and recordkeeping provisions of this subpart and shall be exempt from the testing, monitoring, reporting, and recordkeeping provisions of 40 CFR part 61, subpart F.
              (4) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of a Group 1 or Group 2 wastewater stream that is also subject to the provisions of 40 CFR part 61, subpart F shall comply with the provisions of either paragraph (f)(4)(i) or (f)(4)(ii) of this section.
              (i) The owner or operator shall comply with the provisions of both this subpart and 40 CFR part 61, subpart F or

              (ii) The owner or operator may submit, no later than four months before the applicable compliance date specified in § 63.100 of subpart F of this part, information demonstrating how compliance with 40 CFR Part 61, subpart F, will also ensure compliance with this subpart. The information shall include a description of the testing, monitoring, reporting, and recordkeeping that will be performed.

              (g) Rules stayed for reconsideration. Notwithstanding any other provision of this subpart, the effectiveness of subpart G is stayed from October 24, 1994, to April 24, 1995, only as applied to those sources for which the owner or operator makes a representation in writing to the Administrator that the resolution of the area source definition issues could have an effect on the compliance status of the source with respect to subpart G.
              (h) Overlap with other regulations for monitoring, recordkeeping, or reporting with respect to combustion devices, recovery devices, or recapture devices. After the compliance dates specified in § 63.100 of subpart F of this part, if any combustion device, recovery device, or recapture device subject to this subpart is also subject to monitoring, recordkeeping, and reporting requirements in 40 CFR part 264, subpart AA or CC, or is subject to monitoring and recordkeeping requirements in 40 CFR part 265, subpart AA or CC and the owner or operator complies with the periodic reporting requirements under 40 CFR part 264, subpart AA or CC that would apply to the device if the facility had final-permitted status, the owner or operator may elect to comply either with the monitoring, recordkeeping, and reporting requirements of this subpart, or with the monitoring, recordkeeping, and reporting requirements in 40 CFR parts 264 and/or 265, as described in this paragraph, which shall constitute compliance with the monitoring, recordkeeping, and reporting requirements of this subpart. The owner or operator shall identify which option has been selected in the Notification of Compliance Status required by § 63.152(b).
              (i) Alternative means of compliance—(1) Option to comply with part 65. Owners or operators of CMPU that are subject to § 63.100 may choose to comply with the provisions of 40 CFR part 65 for all Group 1 and Group 2 process vents, Group 1 storage vessels, Group 1 transfer operations, and equipment that are subject to § 63.100, that are part of the CMPU. Other provisions applying to owners or operators who choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. Group 1 and Group 2 wastewater streams, Group 2 transfer operations, Group 2 storage vessels, and in-process streams are not eligible to comply with 40 CFR part 65 and must continue to comply with the requirements of this subpart and subpart F of this part.
              (i) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart D, satisfies the requirements of §§ 63.102, 63.103, 63.112 through 63.118, 63.148, 63.151, and 63.152.
              (ii) For Group 1 storage vessels, 40 CFR part 65, subpart C, satisfies the requirements of §§ 63.102, 63.103, 63.112, 63.119 through 63.123, 63.148, 63.151, and 63.152.
              (iii) For Group 1 transfer racks, 40 CFR part 65, subpart E, satisfies the requirements of §§ 63.102, 63.103, 63.112, 63.126 through 63.130, 63.148, 63.151, and 63.152.
              (iv) For equipment, comply with § 65.160(g).
              (2) Part 63, subpart A. Owners or operators who choose to comply with 40 CFR part 65 must also comply with the applicable general provisions of this part 63 listed in table 1A of this subpart. All sections and paragraphs of subpart A of this part that are not mentioned in table 1A of this subpart do not apply to owners or operators who choose to comply with 40 CFR part 65, except that provisions required to be met prior to implementing 40 CFR part 65 still apply. Owners and operators who choose to comply with a subpart of 40 CFR part 65 must comply with 40 CFR part 65, subpart A.
              [59 FR 19468, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 60 FR 5321, Jan. 27, 1995; 61 FR 64575, Dec. 5, 1996; 62 FR 2742, Jan. 17, 1997; 65 FR 78284, Dec. 14, 2000; 66 FR 6929, Jan. 22, 2001]

              § 63.111
              Definitions.
              All terms used in this subpart shall have the meaning given them in the Act, in subpart F of this part, and in this section, as follows.

                Air oxidation reactor means a device or vessel in which air, or a combination of air and oxygen, is used as an oxygen source in combination with one or more organic reactants to produce one or more organic compounds. Air oxidation reactor includes the product separator and any associated vacuum pump or steam jet.

                Annual average concentration, as used in the wastewater provisions, means the flow-weighted annual average concentration, as determined according to the procedures specified in § 63.144(b) of this subpart.

                Annual average flow rate, as used in the wastewater provisions, means the annual average flow rate, as determined according to the procedures specified in § 63.144(c).

                Automated monitoring and recording system means any means of measuring values of monitored parameters and creating a hard copy or computer record of the measured values that does not require manual reading of monitoring instruments and manual transcription of data values. Automated monitoring and recording systems include, but are not limited to, computerized systems and strip charts.

                Batch operation means a noncontinuous operation in which a discrete quantity or batch of feed is charged into a unit operation within a chemical manufacturing process unit and distilled or reacted at one time. Batch operation includes noncontinuous operations in which the equipment is fed intermittently or discontinuously. Addition of raw material and withdrawal of product do not occur simultaneously in a batch operation. After each batch operation, the equipment is generally emptied before a fresh batch is started.

                Boiler means any enclosed combustion device that extracts useful energy in the form of steam and is not an incinerator. Boiler also means any industrial furnace as defined in 40 CFR 260.10.

                By compound means by individual stream components, not carbon equivalents.

                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.

                Chemical manufacturing process unit means the equipment assembled and connected by pipes or ducts to process raw materials and to manufacture an intended product. A chemical manufacturing process unit consists of more than one unit operation. For the purpose of this subpart, chemical manufacturing process unit includes air oxidation reactors and their associated product separators and recovery devices; reactors and their associated product separators and recovery devices; distillation units and their associated distillate receivers and recovery devices; associated unit operations; associated recovery devices; and any feed, intermediate and product storage vessels, product transfer racks, and connected ducts and piping. A chemical manufacturing process unit includes pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, instrumentation systems, and control devices or systems. A chemical manufacturing process unit is identified by its primary product.

                Closed biological treatment process means a tank or surface impoundment where biological treatment occurs and air emissions from the treatment process are routed to either a control device by means of a closed vent system or to a fuel gas system by means of hard-piping. The tank or surface impoundment has a fixed roof, as defined in § 63.111 of this subpart, or a floating flexible membrane cover that meets the requirements specified in § 63.134 of this subpart.

                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 transport gas or vapor from an emission point to a control device.

                Combustion device means an individual unit of equipment, such as a flare, incinerator, process heater, or boiler, used for the combustion of organic hazardous air pollutant emissions.

                Container, as used in the wastewater provisions, means any portable waste management unit that has a capacity greater than or equal to 0.1 m3 in which a material is stored, transported, treated, or otherwise handled. Examples of containers are drums, barrels, tank trucks, barges, dumpsters, tank cars, dump trucks, and ships.

                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 § 63.152(f) or § 63.152(g) of this subpart.

                Continuous recorder means a data recording device that either records an instantaneous data value at least once every 15 minutes or records 15-minute or more frequent block average values.

                Continuous seal means a seal that forms a continuous closure that completely covers the space between the wall of the storage vessel and the edge of the floating roof. A continuous seal may be a vapor-mounted, liquid-mounted, or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.

                Continuous vapor processing system means a vapor processing system that treats total organic compound vapors collected from tank trucks or railcars on a demand basis without intermediate accumulation in a vapor holder.

                Control device means any combustion device, recovery device, or recapture device. Such equipment includes, but is not limited to, absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, and process heaters. For process vents, recapture devices are considered control devices but recovery devices are not considered control devices, and for a steam stripper, a primary condenser is not considered a control device.

                Cover, as used in the wastewater provisions, means a device or system which is placed on or over a waste management unit containing wastewater or residuals so that the entire surface area is enclosed to minimize air emissions. A cover may have openings necessary for operation, inspection, and maintenance of the waste management unit such as access hatches, sampling ports, and gauge wells provided that each opening is closed when not in use. Examples of covers include a fixed roof installed on a wastewater tank, a lid installed on a container, and an air-supported enclosure installed over a waste management unit.

                Distillate receiver means overhead receivers, overhead accumulators, reflux drums, and condenser(s) including ejector-condenser(s) associated with a distillation unit.

                Distillation unit means a device or vessel in which one or more feed streams are separated into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and the vapor phases by vaporization and condensation as they approach equilibrium within the distillation unit. Distillation unit includes the distillate receiver, reboiler, and any associated vacuum pump or steam jet.

                Duct work means a conveyance system such as those commonly used for heating and ventilation systems. It is often made of sheet metal and often has sections connected by screws or crimping. Hard-piping is not ductwork.

                Enhanced biological treatment system or enhanced biological treatment process means an aerated, thoroughly mixed treatment unit(s) that contains biomass suspended in water followed by a clarifier that removes biomass from the treated water and recycles recovered biomass to the aeration unit. The mixed liquor volatile suspended solids (biomass) is greater than 1 kilogram per cubic meter throughout each aeration unit. The biomass is suspended and aerated in the water of the aeration unit(s) by either submerged air flow or mechanical agitation. A thoroughly mixed treatment unit is a unit that is designed and operated to approach or achieve uniform biomass distribution and organic compound concentration throughout the aeration unit by quickly dispersing the recycled biomass and the wastewater entering the unit.

                External floating roof means a pontoon-type or double-deck-type cover that rests on the liquid surface in a storage vessel or waste management unit with no fixed roof.

                Fill or filling means the introduction of organic hazardous air pollutant into a storage vessel or the introduction of a wastewater stream or residual into a waste management unit, but not necessarily to complete capacity.

                First attempt at repair means to take action for the purpose of stopping or reducing leakage of organic material to the atmosphere.

                Fixed roof means a cover that is mounted on a waste management unit or storage vessel in a stationary manner and that does not move with fluctuations in liquid level.

                Flame zone means the portion of the combustion chamber in a boiler or process heater occupied by the flame envelope.

                Floating roof means a cover consisting of a double deck, pontoon single deck, internal floating cover or covered floating roof, which rests upon and is supported by the liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and waste management unit or storage vessel wall.

                Flow indicator means a device which indicates whether gas flow is, or whether the valve position would allow gas flow to be, present in a line.

                Fuel gas means gases that are combusted to derive useful work or heat.

                Fuel gas system means the offsite and onsite piping and control system that gathers gaseous stream(s) generated by onsite operations, may blend them with other sources of gas, and transports the gaseous stream for use as fuel gas in combustion devices, or in-process combustion equipment such as furnaces and gas turbines, either singly or in combination.

                Group 1 process vent means a process vent for which the vent stream flow rate is greater than or equal to 0.005 standard cubic meter per minute, the total organic HAP concentration is greater than or equal to 50 parts per million by volume, and the total resource effectiveness index value, calculated according to § 63.115, is less than or equal to 1.0.

                Group 2 process vent means a process vent for which the vent stream flow rate is less than 0.005 standard cubic meter per minute, the total organic HAP concentration is less than 50 parts per million by volume or the total resource effectiveness index value, calculated according to § 63.115, is greater than 1.0.

                Group 1 storage vessel means a storage vessel that meets the criteria for design storage capacity and stored-liquid maximum true vapor pressure specified in table 5 of this subpart for storage vessels at existing sources, and in table 6 of this subpart for storage vessels at new sources.

                Group 2 storage vessel means a storage vessel that does not meet the definition of a Group 1 storage vessel.

                Group 1 transfer rack means a transfer rack that annually loads greater than or equal to 0.65 million liter of liquid products that contain organic hazardous air pollutants with a rack weighted average vapor pressure greater than or equal to 10.3 kilopascals.

                Group 2 transfer rack means a transfer rack that does not meet the definition of Group 1 transfer rack.

                Group 1 wastewater stream means a wastewater stream consisting of process wastewater as defined in § 63.101 of subpart F at an existing or new source that meets the criteria for Group 1 status in § 63.132(c) of this subpart for Table 9 compounds and/or a wastewater stream consisting of process wastewater at a new source that meets the criteria for Group 1 status in § 63.132(d) of this subpart for Table 8 compounds.

                Group 2 wastewater stream means any process wastewater stream that does not meet the definition of a Group 1 wastewater stream.

                Halogenated vent stream or halogenated stream means a vent stream from a process vent or transfer operation determined to have a mass emission rate of halogen atoms contained in organic compounds of 0.45 kilograms per hour or greater determined by the procedures presented in § 63.115(d)(2)(v) of this subpart.

                Halogens and hydrogen halides means hydrogen chloride (HCl), chlorine (Cl2), hydrogen bromide (HBr), bromine (Br2), and hydrogen fluoride (HF).

                Hard-piping means pipe or tubing that is manufactured and properly installed using good engineering judgment and standards such as American National Standards Institute (ANSI) B31-3.

                Incinerator means an enclosed combustion device 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. The above energy recovery section limitation does not apply to an energy recovery section used solely to preheat the incoming vent stream or combustion air.

                Individual drain system means the stationary system used to convey wastewater streams or residuals to a waste management unit or to discharge or disposal. The term includes hard-piping, all process drains and junction boxes, together with their associated sewer lines and other junction boxes, manholes, sumps, and lift stations, conveying wastewater streams or residuals. A segregated stormwater sewer system, which is a drain and collection system designed and operated for the sole purpose of collecting rainfall runoff at a facility, and which is segregated from all other individual drain systems, is excluded from this definition.

                Intermittent vapor processing system means a vapor processing system that employs an intermediate vapor holder to accumulate total organic compound vapors collected from tank trucks or railcars, and treats the accumulated vapors only during automatically controlled cycles.

                Internal floating roof means a cover that rests or floats on the liquid surface (but not necessarily in complete contact with it) inside a storage vessel or waste management unit that has a permanently affixed roof.

                Junction box means a manhole or access point to a wastewater sewer line or a lift station.

                Liquid-mounted seal means a foam- or liquid-filled seal mounted in contact with the liquid between the wall of the storage vessel or waste management unit and the floating roof. The seal is mounted continuously around the circumference of the vessel or unit.

                Loading cycle means the time period from the beginning of filling a tank truck or railcar until flow to the control device ceases, as measured by the flow indicator.

                Loading rack means a single system used to fill tank trucks and railcars at a single geographic site. Loading equipment and operations that are physically separate (i.e., do not share common piping, valves, and other equipment) are considered to be separate loading racks.

                Maximum true vapor pressure means the equilibrium partial pressure exerted by the total organic HAP's 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:
              (1) In accordance with methods described in American Petroleum Institute Publication 2517, Evaporative Loss From External Floating-Roof Tanks (incorporated by reference as specified in § 63.14 of subpart A of this part); or
              (2) As obtained from standard reference texts; or
              (3) As determined by the American Society for Testing and Materials Method D2879-83 or 96 (incorporated by reference as specified in § 63.14 of subpart A of this part); or
              (4) Any other method approved by the Administrator.

                Metallic shoe seal or mechanical shoe seal means metal sheets that are held vertically against the wall of the storage vessel by springs, weighted levers, or other mechanisms and connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.

                Non-automated monitoring and recording system means manual reading of values measured by monitoring instruments and manual transcription of those values to create a record. Non-automated systems do not include strip charts.

                Oil-water separator or organic-water separator means a waste management unit, generally a tank used to separate oil or organics from water. An oil-water or organic-water separator consists of not only the separation unit but also the forebay and other separator basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens that are located directly after the individual drain system and prior to additional treatment units such as an air flotation unit, clarifier, or biological treatment unit. Examples of an oil-water or organic-water separator include, but are not limited to, an American Petroleum Institute separator, parallel-plate interceptor, and corrugated-plate interceptor with the associated ancillary equipment.

                Open biological treatment process means a biological treatment process that is not a closed biological treatment process as defined in this section.

                Operating permit means a permit required by 40 CFR part 70 or part 71.

                Organic hazardous air pollutant or organic HAP means any of the chemicals listed in table 2 of subpart F of this part.

                Organic monitoring device means a unit of equipment used to indicate the concentration level of organic compounds exiting a recovery device based on a detection principle such as infra-red, photoionization, or thermal conductivity.

                Point of determination means each point where process wastewater exits the chemical manufacturing process unit.

                Note to definition for point of determination:
                The regulation allows determination of the characteristics of a wastewater stream (1) at the point of determination or (2) downstream of the point of determination if corrections are made for changes in flow rate and annual average concentration of Table 8 or Table 9 compounds as determined in § 63.144 of this subpart. Such changes include losses by air emissions; reduction of annual average concentration or changes in flow rate by mixing with other water or wastewater streams; and reduction in flow rate or annual average concentration by treating or otherwise handling the wastewater stream to remove or destroy hazardous air pollutants.

                Point of transfer means:
              (1) If the transfer is to an off-site location for control, the point where the conveyance crosses the property line; or
              (2) If the transfer is to an on-site location not owned or operated by the owner or operator of the source, the point where the conveyance enters the operation or equipment of the transferee.

                Primary fuel means the fuel that provides the principal heat input to the device. To be considered primary, the fuel must be able to sustain operation without the addition of other fuels.

                Process heater means a device that transfers heat liberated by burning fuel directly to process streams or to heat transfer liquids other than water.

                Process unit has the same meaning as chemical manufacturing process unit as defined in this section.

                Process wastewater stream means a stream that contains process wastewater as defined in § 63.101 of subpart F of this part.

                Product separator means phase separators, flash drums, knock-out drums, decanters, degassers, and condenser(s) including ejector-condenser(s) associated with a reactor or an air oxidation reactor.

                Product tank, as used in the wastewater provisions, means a stationary unit that is designed to contain an accumulation of materials that are fed to or produced by a process unit, and is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support. This term has the same meaning as a product storage vessel.

                Product tank drawdown means any material or mixture of materials discharged from a product tank for the purpose of removing water or other contaminants from the product tank.

                Rack-weighted average partial pressure means the throughput weighted average of the average maximum true vapor pressure of liquids containing organic HAP transferred at a transfer rack. The rack-weighted average partial pressure shall be calculated using the equation below:

                Where:

                P = Rack-weighted average partial pressure, kilopascals.

                  ER12DE95.001

                Pi = Individual HAP maximum true vapor pressure, kilopascals, = Xi*P, where Xi is the mole fraction of compound i in the liquid.
                Gi = Yearly volume of each liquid that contains organic HAP that is transferred at the rack, liters.

                i = Each liquid that contains HAP that is transferred at the rack.

                Reactor means a device or vessel in which one or more chemicals or reactants, other than air, are combined or decomposed in such a way that their molecular structures are altered and one or more new organic compounds are formed. Reactor includes the product separator and any associated vacuum pump or steam jet.

                Recapture device means an individual unit of equipment capable of and used for the purpose of recovering chemicals, but not normally for use, reuse, or sale. For example, a recapture device may recover chemicals primarily for disposal. Recapture devices include, but are not limited to, absorbers, carbon adsorbers, and condensers.

                Recovery device means an individual unit of equipment 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 equipment that may be recovery devices include absorbers, carbon adsorbers, condensers, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units. For purposes of the monitoring, recordkeeping, and reporting requirements of this subpart, recapture devices are considered recovery devices.

                Relief valve means a valve used only to release an unplanned, nonroutine discharge. A relief valve discharge can result from an operator error, a malfunction such as a power failure or equipment failure, or other unexpected cause that requires immediate venting of gas from process equipment in order to avoid safety hazards or equipment damage.

                Reference control technology for process vents means a combustion device or recapture device used to reduce organic hazardous air pollutant emissions by 98 percent, or to an outlet concentration of 20 parts per million by volume.

                Reference control technology for storage vessels means an internal floating roof meeting the specifications of § 63.119(b) of this subpart, an external floating roof meeting the specifications of § 63.119(c) of this subpart, an external floating roof converted to an internal floating roof meeting the specifications of § 63.119(d) of this subpart, or a closed-vent system to a control device achieving 95-percent reduction in organic HAP emissions. For purposes of emissions averaging, these four technologies are considered equivalent.

                Reference control technology for transfer racks means a combustion device, recapture device, or recovery device used to reduce organic hazardous air pollutants emissions by 98 percent, or to an outlet concentration of 20 parts per million by volume; or a vapor balancing system.

                Reference control technology for wastewater means the use of:
              (1) Controls specified in § 63.133 through § 63.137;
              (2) A steam stripper meeting the specifications of § 63.138(d) of this subpart or any of the other alternative control measures specified in § 63.138(b), (c), (e), (f), (g), or (h) of this subpart; and
              (3) A control device to reduce by 95 percent (or to an outlet concentration of 20 parts per million by volume for combustion devices or for noncombustion devices controlling air emissions from waste management units other than surface impoundments or containers) the organic hazardous air pollutants emissions in the vapor streams vented from wastewater tanks, oil-water separators, containers, surface impoundments, individual drain systems, and treatment processes (including the design steam stripper) managing wastewater.

                Residual means any liquid or solid material containing Table 9 compounds that is removed from a wastewater stream by a waste management unit or treatment process that does not destroy organics (nondestructive unit). Examples of residuals from nondestructive wastewater management units are: the organic layer and bottom residue removed by a decanter or organic-water separator and the overheads from a steam stripper or air stripper. Examples of materials which are not residuals are: silt; mud; leaves; bottoms from a steam stripper or air stripper; and sludges, ash, or other materials removed from wastewater being treated by destructive devices such as biological treatment units and incinerators.

                Secondary fuel means a fuel fired through a burner other than the primary fuel burner that provides supplementary heat in addition to the heat provided by the primary fuel.

                Sewer line means a lateral, trunk line, branch line, or other conduit including, but not limited to, grates, trenches, etc., used to convey wastewater streams or residuals to a downstream waste management unit.

                Simultaneous loading means, for a shared control device, loading of organic HAP materials from more than one transfer arm at the same time such that the beginning and ending times of loading cycles coincide or overlap and there is no interruption in vapor flow to the shared control device.

                Single-seal system means a floating roof having one continuous seal that completely covers the space between the wall of the storage vessel and the edge of the floating roof. This seal may be a vapor-mounted, liquid-mounted, or metallic shoe seal.

                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.

                Steam jet ejector means a steam nozzle which discharges a high-velocity jet across a suction chamber that is connected to the equipment to be evacuated.

                Surface impoundment means a waste management unit which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or waste containing free liquids. A surface impoundment is used for the purpose of treating, storing, or disposing of wastewater or residuals, and is not an injection well. Examples of surface impoundments are equalization, settling, and aeration pits, ponds, and lagoons.

                Surge control vessel means feed drums, recycle drums, and intermediate vessels. Surge control vessels are used within a chemical manufacturing process unit when in-process storage, mixing, or management of flow rates or volumes is needed to assist in production of a product.

                Table 8 compound means a compound listed in table 8 of this subpart.

                Table 9 compound means a compound listed in table 9 of this subpart.

                Temperature monitoring device means a unit of equipment used to monitor temperature and having a minimum accuracy of (a) ±1 percent of the temperature being monitored expressed in degrees Celsius ((°C) or (b) ±0.5 degrees (°C), whichever is greater.

                The 33/50 program means a voluntary pollution prevention initiative established and administered by the EPA to encourage emissions reductions of 17 chemicals emitted in large volumes by industrial facilities. The EPA Document Number 741-K-92-001 provides more information about the 33/50 program.

                Total organic compounds or TOC, as used in the process vents provisions, means those compounds measured according to the procedures of Method 18 of 40 CFR part 60, appendix A.

                Total resource effectiveness index value or TRE index value means a measure of the supplemental total resource requirement per unit reduction of organic HAP associated with a process vent stream, based on vent stream flow rate, emission rate of organic HAP, net heating value, and corrosion properties (whether or not the vent stream contains halogenated compounds), as quantified by the equations given under § 63.115 of this subpart.

                Treatment process means a specific technique that removes or destroys the organics in a wastewater or residual stream such as a steam stripping unit, thin-film evaporation unit, waste incinerator, biological treatment unit, or any other process applied to wastewater streams or residuals to comply with § 63.138 of this subpart. Most treatment processes are conducted in tanks. Treatment processes are a subset of waste management units.

                Vapor collection system, as used in the transfer provisions, means the equipment used to collect and transport organic HAP vapors displaced during the loading of tank trucks or railcars. This does not include the vapor collection system that is part of any tank truck or railcar vapor collection manifold system.

                Vapor-mounted seal means a continuous seal that completely covers the annular space between the wall of the storage vessel or waste management unit and the edge of the floating roof and is mounted such that there is a vapor space between the stored liquid and the bottom of the seal.

                Vent stream, as used in the process vent provisions, means the gas stream flowing through the process vent.

                Waste management unit means the equipment, structure(s), and/or device(s) used to convey, store, treat, or dispose of wastewater streams or residuals. Examples of waste management units include: Wastewater tanks, surface impoundments, individual drain systems, and biological wastewater treatment units. Examples of equipment that may be waste management units include containers, air flotation units, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units. If such equipment is used for recovery, then it is part of a chemical manufacturing process unit and is not a waste management unit.

                Wastewater stream means a stream that contains only wastewater as defined in § 63.101 of subpart F of this part.

                Wastewater tank means a stationary waste management unit that is designed to contain an accumulation of wastewater or residuals and is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support. Wastewater tanks used for flow equalization are included in this definition.

                Water seal controls means a seal pot, p-leg trap, or other type of trap filled with water (e.g, flooded sewers that maintain water levels adequate to prevent air flow through the system) that creates a water barrier between the sewer line and the atmosphere. The water level of the seal must be maintained in the vertical leg of a drain in order to be considered a water seal.
              [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 18024, 18029, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 62 FR 2742, Jan. 17, 1997; 63 FR 67792, Dec. 9, 1998; 65 FR 62215, Oct. 17, 2000; 66 FR 6929, Jan. 22, 2001]

              § 63.112
              Emission standard.

              (a) The owner or operator of an existing source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the following equation:

              EA = 0.02Σ EPV1 + Σ EPV2 + 0.05Σ ES1 + Σ ES2 + 0.02Σ ETR1 + Σ ETR2 + Σ EWW1C + Σ EWW2

                where:

                EA = Emission rate, megagrams per year, allowed for the source.
                0.02Σ EPV1 = Sum of the residual emissions, megagrams per year, from all Group 1 process vents, as defined in § 63.111 of this subpart.
                Σ EPV2 = Sum of the emissions, megagrams per year, from all Group 2 process vents as defined in § 63.111 of this subpart.
                0.05Σ ES1 = Sum of the residual emissions, megagrams per year, from all Group 1 storage vessels, as defined in § 63.111 of this subpart.
                Σ ES2 = Sum of the emissions, megagrams per year, from all Group 2 storage vessels, as defined in § 63.111 of this subpart.
                0.02Σ ETR1 = Sum of the residual emissions, megagrams per year, from all Group 1 transfer racks, as defined in § 63.111 of this subpart.
                Σ ETR2 = Sum of the emissions, megagrams per year, from all Group 2 transfer racks, as defined in § 63.111 of this subpart.
                Σ EWW1C = Sum of the residual emissions from all Group 1 wastewater streams, as defined in § 63.111 of this subpart. This term is calculated for each Group 1 stream according to the equation for EWW1C in § 63.150(g)(5)(i) of this subpart.
                Σ EWW2 = Sum of emissions from all Group 2 wastewater streams, as defined in § 63.111 of this subpart.

              The emissions level represented by this equation is dependent on the collection of emission points in the source. The level is not fixed and can change as the emissions from each emission point change or as the number of emission points in the source changes.

              (b) The owner or operator of a new source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the equation in paragraph (a) of this section.
              (c) The owner or operator of an existing source shall demonstrate compliance with the emission standard in paragraph (a) of this section by following the procedures specified in paragraph (e) of this section for all emission points, or by following the emissions averaging compliance approach specified in paragraph (f) of this section for some emission points and the procedures specified in paragraph (e) of this section for all other emission points within the source.
              (d) The owner or operator of a new source shall demonstrate compliance with the emission standard in paragraph (b) of this section only by following the procedures in paragraph (e) of this section. The owner or operator of a new source may not use the emissions averaging compliance approach.
              (e) The owner or operator of an existing or new source may comply with the process vent provisions in §§ 63.113 through 63.118 of this subpart, the storage vessel provisions in §§ 63.119 through 63.123 of this subpart, the transfer operation provisions in §§ 63.126 through 63.130 of this subpart, the wastewater provisions in §§ 63.131 through 63.147 of this subpart, the leak inspection provisions in § 63.148, and the provisions in § 63.149 of this subpart.
              (1) The owner or operator using this compliance approach shall also comply with the requirements of § 63.151 and § 63.152 of this subpart, as applicable.
              (2) The owner or operator using this compliance approach is not required to calculate the annual emission rate specified in paragraph (a) of this section.
              (3) When emissions of different kinds (e.g., emissions from process vents, transfer operations, storage vessels, process wastewater, and/or in-process equipment subject to § 63.149 of this subpart) are combined, and at least one of the emission streams would be classified as Group 1 in the absence of combination with other emission streams, the owner or operator shall comply with the requirements of either paragraph (e)(3)(i) or paragraph (e)(3)(ii) of this section.
              (i) Comply with the applicable requirements of this subpart for each kind of emissions in the stream (e.g., the requirements in §§ 63.113 through 63.118 of this subpart G for process vents, and the requirements of §§ 63.126 through 63.130 for transfer operations); or
              (ii) Comply with the first set of requirements identified in paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section which applies to any individual emission stream that is included in the combined stream, where either that emission stream would be classified as Group 1 in the absence of combination with other emission streams, or the owner chooses to consider that emission stream to be Group 1 for purposes of this paragraph. Compliance with the first applicable set of requirements identified in paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section constitutes compliance with all other requirements in paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section applicable to other types of emissions in the combined stream.
              (A) The requirements of this subpart for Group 1 process vents, including applicable monitoring, recordkeeping, and reporting;
              (B) The requirements of this subpart for Group 1 transfer racks, including applicable monitoring, recordkeeping, and reporting;
              (C) The requirements of § 63.119(e) for control of emissions from Group 1 storage vessels, including monitoring, recordkeeping, and reporting;
              (D) The requirements of § 63.139 for control devices used to control emissions from waste management units, including applicable monitoring, recordkeeping, and reporting; or
              (E) The requirements of § 63.139 for closed vent systems for control of emissions from in-process equipment subject to § 63.149, including applicable monitoring, recordkeeping, and reporting.

              (f) The owner or operator of an existing source may elect to control some of the emission points within the source to different levels than specified under §§ 63.113 through 63.148 of this subpart by using an emissions averaging compliance approach as long as the overall emissions for the source do not exceed the emission level specified in paragraph (a) of this section. The owner or operator using emissions averaging must meet the requirements in paragraphs (f)(1) and (f)(2) of this section.
              (1) Calculate emission debits and credits for those emission points involved in the emissions average as specified in § 63.150 of this subpart; and
              (2) Comply with the requirements of § 63.151 and § 63.152 of this subpart, as applicable.
              (g) A State may restrict the owner or operator of an existing source to using only the procedures in paragraph (e) of this section to comply with the emission standard in paragraph (a) of this section.
              (h) Where the provisions of this subpart require a performance test, waiver of that requirement shall be addressed only as provided in § 63.103(b)(5) of subpart F of this part.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2744, Jan. 17, 1997]

              § 63.113
              Process vent provisions—reference control technology.
              (a) The owner or operator of a Group 1 process vent as defined in this subpart shall comply with the requirements of paragraph (a)(1), (2), or (3) of this section. The owner or operator who transfers a gas stream that has the characteristics specified in § 63.107 (b) through (h) or meets the criteria specified in § 63.107(i) to an off-site location or an on-site location not owned or operated by the owner or operator of the source for disposal shall comply with the requirements of paragraph (i) of this section.
              (1) Reduce emissions of organic HAP using a flare.
              (i) The flare shall comply with the requirements of § 63.11(b) of subpart A of this part.
              (ii) Halogenated vent streams, as defined in § 63.111 of this subpart, shall not be vented to a flare.
              (2) Reduce emissions of total organic hazardous air pollutants by 98 weight-percent or to a concentration of 20 parts per million by volume, whichever is less stringent. For combustion devices, the emission reduction or concentration shall be calculated on a dry basis, corrected to 3-percent oxygen, and compliance can be determined by measuring either organic hazardous air pollutants or total organic carbon using the procedures in § 63.116 of this subpart.
              (i) Compliance with paragraph (a)(2) of this section may be achieved by using any combination of combustion, recovery, and/or recapture devices, except that a recovery device may not be used to comply with paragraph (a)(2) of this section by reducing emissions of total organic hazardous air pollutants by 98 weight-percent, except as provided in paragraph (a)(2)(ii) of this section.
              (ii) An owner or operator may use a recovery device, alone or in combination with one or more combustion or recapture devices, to reduce emissions of total organic hazardous air pollutants by 98 weight-percent if all the conditions of paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(D) of this section are met.
              (A) The recovery device (and any combustion device or recapture device which operates in combination with the recovery device to reduce emissions of total organic hazardous air pollutants by 98 weight-percent) was installed before the date of proposal of the subpart of this part 63 that makes this subpart G applicable to process vents in the chemical manufacturing process unit.
              (B) The recovery device that will be used to reduce emissions of total organic hazardous air pollutants by 98 weight-percent is the last recovery device before emission to the atmosphere.
              (C) The recovery device, alone or in combination with one or more combustion or recapture devices, is capable of reducing emissions of total organic hazardous air pollutants by 98 weight-percent, but is not capable of reliably reducing emissions of total organic hazardous air pollutants to a concentration of 20 parts per million by volume.
              (D) If the owner or operator disposed of the recovered material, the recovery device would comply with the requirements of this subpart for recapture devices.

              (3) Achieve and maintain a TRE index value greater than 1.0 at the outlet of the final recovery device, or prior to release of the vent stream to the atmosphere if no recovery device is present. If the TRE index value is greater than 1.0, the process vent shall comply with the provisions for a Group 2 process vent specified in either paragraph (d) or (e) of this section, whichever is applicable.
              (b) If a boiler or process heater is used to comply with the percent reduction requirement or concentration limit specified in paragraph (a)(2) of this section, then the vent stream shall be introduced into the flame zone of such a device.
              (c) Halogenated vent streams from Group 1 process vents that are combusted shall be controlled according to paragraph (c)(1) or (2) of this section.
              (1) If a combustion device is used to comply with paragraph (a)(2) of this section for a halogenated vent stream, then the gas stream exiting the combustion device shall be conveyed to a halogen reduction device, such as a scrubber, before it is discharged to the atmosphere.
              (i) Except as provided in paragraph (c)(1)(ii) of this section, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens, as defined in § 63.111 of this subpart, by 99 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilogram per hour, whichever is less stringent.
              (ii) If a scrubber or other halogen reduction device was installed prior to December 31, 1992, the device shall reduce overall emissions of hydrogen halides and halogens, as defined in § 63.111 of this subpart, by 95 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilograms per hour, whichever is less stringent.
              (2) A halogen reduction device, such as a scrubber or other technique, may be used to reduce the vent stream halogen atom mass emission rate to less than 0.45 kilogram per hour prior to any combustion control device, and thus make the vent stream nonhalogenated; the vent stream must comply with the requirements of paragraph (a)(1) or (a)(2) of this section.
              (d) The owner or operator of a Group 2 process vent having a flow rate greater than or equal to 0.005 standard cubic meter per minute, a HAP concentration greater than or equal to 50 parts per million by volume, and a TRE index value greater than 1.0 but less than or equal to 4.0 shall maintain a TRE index value greater than 1.0 and shall comply with the monitoring of recovery device parameters in § 63.114(b) or (c) of this subpart, the TRE index calculations of § 63.115 of this subpart, and the applicable reporting and recordkeeping provisions of §§ 63.117 and 63.118 of this subpart. Such owner or operator is not subject to any other provisions of §§ 63.114 through 63.118 of this subpart.
              (e) The owner or operator of a Group 2 process vent with a TRE index value greater than 4.0 shall maintain a TRE index value greater than 4.0, comply with the provisions for calculation of a TRE index value in § 63.115 and the reporting and recordkeeping provisions in §§ 63.117(b) and 63.118(c) and (h), and is not subject to monitoring or any other provisions of §§ 63.114 through 63.118.
              (f) The owner or operator of a Group 2 process vent with a flow rate less than 0.005 standard cubic meter per minute shall maintain a flow rate less than 0.005 standard cubic meter per minute; comply with the Group determination procedures in § 63.115 (a), (b), and (e) of this subpart; and the reporting and recordkeeping requirements in § 63.117(c) of this subpart, § 63.118(d) of this subpart, and § 63.118(i) of this subpart; and is not subject to monitoring or any other provisions of §§ 63.114 through 63.118 of this subpart.
              (g) The owner or operator of a Group 2 process vent with a total organic HAP concentration less than 50 parts per million by volume shall maintain a total organic HAP concentration less than 50 parts per million by volume; comply with the Group determination procedures in § 63.115(a), (c), and (e); the reporting and recordkeeping requirements in §§ 63.117(d) and 63.118(e) and (j); and is not subject to monitoring or any other provisions of §§ 63.114 through 63.118.

              (h) The owner or operator of a process vent complying with paragraph (a)(1) or (a)(2) of this section is not required to perform the group determination described in § 63.115 of this subpart.
              (i) Off-site control or on-site control not owned or operated by the source. This paragraph (i) applies to gas streams that have the characteristics specified in § 63.107(b) through (h) or meet the criteria specified in § 63.107(i); that are transferred for disposal to an on-site control device (or other compliance equipment) not owned or operated by the owner or operator of the source generating the gas stream, or to an off-site control device or other compliance equipment; and that have the characteristics (e.g., flow rate, total organic HAP concentration, or TRE index value) of a Group 1 process vent, determined at the point of transfer.
              (1) The owner or operator transferring the gas stream shall:
              (i) Comply with the provisions specified in § 63.114(d) for each gas stream prior to transfer.
              (ii) Notify the transferee that the gas stream contains organic hazardous air pollutants that are to be treated in accordance with the provisions of this subpart. The notice shall be submitted to the transferee initially and whenever there is a change in the required control.
              (2) The owner or operator may not transfer the gas stream unless the transferee has submitted to the EPA a written certification that the transferee will manage and treat any gas stream transferred under this paragraph (i) and received from a source subject to the requirements of this subpart in accordance with the requirements of either §§ 63.113 through 63.118, or § 63.102(b), or subpart D of this part if alternative emission limitations have been granted the transferor in accordance with those provisions. The certifying entity may revoke the written certification by sending a written statement to EPA and the owner or operator giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the regulatory provisions listed in this paragraph (i). Upon expiration of the notice period, the owner or operator may not transfer the gas stream to the transferee. Records retained by the transferee shall be retained in accordance with § 63.103(c).
              (3) By providing this written certification to EPA, the certifying entity accepts responsibility for compliance with the regulatory provisions listed in paragraph (i)(2) of this section with respect to any transfer covered by the written certification. Failure to abide by any of those provisions with respect to such transfers may result in enforcement action by EPA against the certifying entity in accordance with the enforcement provisions applicable to violations of these provisions by owners or operators of sources.
              (4) Written certifications and revocation statements to EPA from the transferees of such gas streams shall be signed by a responsible official of the certifying entity, provide the name and address of the certifying entity, and be sent to the appropriate EPA Regional Office at the addresses listed in § 63.13. Such written certifications are not transferable by the transferee.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997; 66 FR 6929, Jan. 22, 2001]

              § 63.114
              Process vent provisions—monitoring requirements.
              (a) Each owner or operator of a process vent that uses a combustion device to comply with the requirements in § 63.113 (a)(1) or (a)(2) of this subpart, or that uses a recovery device or recapture device to comply with the requirements in § 63.113(a)(2) of this subpart, shall install monitoring equipment specified in paragraph (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section, depending on the type of device used. All monitoring equipment shall be installed, calibrated, maintained, and operated according to manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately.
              (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required.

              (i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs.
              (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed.
              (2) Where a flare is used, the following monitoring equipment is required: A device (including but not limited to a thermocouple, ultra-violet beam sensor, or infrared sensor) capable of continuously detecting the presence of a pilot flame.
              (3) Where a boiler or process heater of less than 44 megawatts design heat input capacity is used, the following monitoring equipment is required: a temperature monitoring device in the firebox equipped with a continuous recorder. This requirement does not apply to gas streams that are introduced with primary fuel or are used as the primary fuel.
              (4) Where a scrubber is used with an incinerator, boiler, or process heater in the case of halogenated vent streams, the following monitoring equipment is required for the scrubber.
              (i) A pH monitoring device equipped with a continuous recorder shall be installed to monitor the pH of the scrubber effluent.
              (ii) A flow meter equipped with a continuous recorder shall be located at the scrubber influent for liquid flow. Gas flow rate shall be determined using one of the procedures specified in paragraphs (a)(4)(ii)(A) through (C) of this section.
              (A) The owner or operator may determine gas flow rate using the design blower capacity, with appropriate adjustments for pressure drop.
              (B) If the scrubber is subject to rules in 40 CFR parts 264 through 266 that have required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for this subpart specified in § 63.100(k), the owner or operator may determine gas flow rate by the method that had been utilized to comply with those rules. A determination that was conducted prior to the compliance date for this subpart may be utilized to comply with this subpart if it is still representative.
              (C) The owner or operator may prepare and implement a gas flow rate determination plan that documents an appropriate method which will be used to determine the gas flow rate. The plan shall require determination of gas flow rate by a method which will at least provide a value for either a representative or the highest gas flow rate anticipated in the scrubber during representative operating conditions other than startups, shutdowns, or malfunctions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas flow rate, and a description of the records that will be maintained to document the determination of gas flow rate. The owner or operator shall maintain the plan as specified in § 63.103(c).
              (5) Where a recovery device or recapture device is used to comply with the requirements of § 63.113(a)(2) of this subpart, the owner or operator shall utilize the appropriate monitoring device identified in paragraph (b), (b)(1), (b)(2), or (b)(3) of this section.
              (b) Each owner or operator of a process vent with a TRE index value greater than 1.0 as specified under §§ 63.113(a)(3) or 63.113(d) of this subpart that uses one or more recovery devices shall install either an organic monitoring device equipped with a continuous recorder or the monitoring equipment specified in paragraph (b)(1), (b)(2), or (b)(3) of this section, depending on the type of recovery device used. All monitoring equipment shall be installed, calibrated, and maintained according to the manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. Monitoring is not required for process vents with TRE index values greater than 4.0 as specified in § 63.113(e) of this subpart.
              (1) Where an absorber is the final recovery device in the recovery system, a scrubbing liquid temperature monitoring device and a specific gravity monitoring device, each equipped with a continuous recorder shall be used;

              (2) Where a condenser is the final recovery device in the recovery system, a condenser exit (product side) temperature monitoring device equipped with a continuous recorder shall be used;

              (3) Where a carbon adsorber is the final recovery device in the recovery system, an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent or better, capable of recording the total regeneration stream mass or volumetric flow for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle shall be used.
              (c) An owner or operator of a process vent may request approval to monitor parameters other than those listed in paragraph (a) or (b) of this section. The request shall be submitted according to the procedures specified in § 63.151(f) or § 63.152(e) of this subpart. Approval shall be requested if the owner or operator:
              (1) Uses a combustion device other than an incinerator, boiler, process heater, or flare; or
              (2) Maintains a TRE greater than 1.0 but less than or equal to 4.0 without a recovery device or with a recovery device other than the recovery devices listed in paragraphs (a) and (b) of this section; or
              (3) Uses one of the combustion or recovery or recapture devices listed in paragraphs (a) and (b) of this section, but seeks to monitor a parameter other than those specified in paragraphs (a) and (b) of this section.
              (d) The owner or operator of a process vent shall comply with paragraph (d)(1) or (2) of this section for any bypass line between the origin of the gas stream (i.e., at an air oxidation reactor, distillation unit, or reactor as identified in § 63.107(b)) and the point where the gas stream reaches the process vent, as described in § 63.107, that could divert the gas stream directly to the atmosphere. Equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph (d).
              (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.118(a)(3). The flow indicator shall be installed at the entrance to any bypass line that could divert the gas stream to the atmosphere; or
              (2) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the non-diverting position and the gas stream is not diverted through the bypass line.
              (e) The owner or operator shall establish a range that indicates proper operation of the control or recovery device for each parameter monitored under paragraphs (a), (b), and (c) of this section. In order to establish the range, the information required in § 63.152(b) of this subpart shall be submitted in the Notification of Compliance Status or the operating permit application or amendment. The range may be based upon a prior performance test conducted for determining compliance with a regulation promulgated by the EPA, and the owner or operator is not required to conduct a performance test under § 63.116 of this subpart, if the prior performance test was conducted using the same methods specified in § 63.116 and either no process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2745, Jan. 17, 1997; 66 FR 6930, Jan. 22, 2001]

              § 63.115
              Process vent provisions—methods and procedures for process vent group determination.
              (a) For purposes of determining vent stream flow rate, total organic HAP or total organic carbon concentration or TRE index value, as specified under paragraph (b), (c), or (d) of this section, the sampling site shall be after the last recovery device (if any recovery devices are present) but prior to the inlet of any control device that is present and prior to release to the atmosphere.

              (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling site.

              (2) No traverse site selection method is needed for vents smaller than 0.10 meter in diameter.
              (b) To demonstrate that a vent stream flow rate is less than 0.005 standard cubic meter per minute in accordance with the Group 2 process vent definition of this subpart, the owner or operator shall measure flow rate by the following procedures:
              (1) The sampling site shall be selected as specified in paragraph (a) of this section.
              (2) 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) Each owner or operator seeking to demonstrate that a vent stream has an organic HAP concentration below 50 parts per million by volume in accordance with the Group 2 process vent definition of this subpart shall measure either total organic HAP or TOC concentration using the following procedures:
              (1) The sampling site shall be selected as specified in paragraph (a) of this section.
              (2) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be used to measure concentration; alternatively, any other method or data that has been validated according to the protocol in Method 301 of appendix A of this part may be used.
              (3) 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 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 the following equation:

                ER22AP94.201

                where:

                CTOC = Concentration of TOC (minus methane and ethane), dry basis, parts per million by volume.
                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's is provided in table 2 of subpart F of this part.
              (4) 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.
              (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.
              (vi) The owner or operator shall demonstrate that the concentration of TOC including methane and ethane measured by Method 25A of 40 CFR part 60, appendix A is below 25 parts per million by volume to be considered a Group 2 vent with an organic HAP concentration below 50 parts per million by volume and to qualify for the low concentration exclusion in § 63.113(g) of this subpart.
              (d) To determine the TRE index value, the owner or operator shall conduct a TRE determination and calculate the TRE index value according to the procedures in paragraph (d)(1) or (d)(2) of this section and the TRE equation in paragraph (d)(3) of this section.
              (1) Engineering assessment may be used to determine vent stream flow rate, net heating value, TOC emission rate, and total organic HAP emission rate for the representative operating condition expected to yield the lowest TRE index value.
              (i) If the TRE value calculated using such engineering assessment and the TRE equation in paragraph (d)(3) of this section is greater than 4.0, then the owner or operator is not required to perform the measurements specified in paragraph (d)(2) of this section.
              (ii) If the TRE value calculated using such engineering assessment and the TRE equation in paragraph (d)(3) of this section is less than or equal to 4.0, then the owner or operator is required to perform the measurements specified in paragraph (d)(2) of this section for group determination or consider the process vent a Group 1 vent and comply with the emission reduction specified in § 63.113(a) of this subpart.
              (iii) Engineering assessment includes, but is not limited to, the following:
              (A) Previous test results provided the tests are representative of current operating practices at the process unit.
              (B) Bench-scale or pilot-scale test data representative of the process under representative operating conditions.
              (C) 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.
              (D) 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:
              (1) Use of material balances based on process stoichiometry to estimate maximum organic HAP concentrations,
              (2) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities,
              (3) Estimation of TOC or organic HAP concentrations based on saturation conditions,
              (4) 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.
              (E) All data, assumptions, and procedures used in the engineering assessment shall be documented.
              (2) Except as provided in paragraph (d)(1) of this section, vent stream flow rate, net heating value, TOC emission rate, and total organic HAP emission rate shall be measured and calculated according to the procedures in paragraphs (d)(2)(i) through (v) of this section and used as input to the TRE index value calculation in paragraph (d)(3) of this section.
              (i) The vent stream volumetric flow rate (Qs), in standard cubic meters per minute at 20 degrees Celcius, shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. If the vent stream tested passes through a final steam jet ejector and is not condensed, the vent stream volumetric flow shall be corrected to 2.3 percent moisture.
              (ii) The molar composition of the vent stream, which is used to calculate net heating value, shall be determined using the following methods:
              (A) Method 18 of 40 CFR part 60, appendix A to measure the concentration of each organic compound.

              (B) American Society for Testing and Materials D1946-77 to measure the concentration of carbon monoxide and hydrogen.

              (C) Method 4 of 40 CFR part 60, appendix A, to measure the moisture content of the vent stream.
              (iii) The net heating value of the vent stream shall be calculated using the following equation:

                ER22AP94.202

                where:

                HT = Net heating value of the sample, megaJoule per standard cubic meter, where the net enthalpy per mole of vent stream is based on combustion at 25 °C and 760 millimeters of mercury, but the standard temperature for determining the volume corresponding to one mole is 20 °C, as in the definition of Qs (vent stream flow rate).
                Kl = Constant, 1.740 × 10−7 (parts per million)−1 (gram-mole per standard cubic meter) (megaJoule per kilocalorie), where standard temperature for (gram-mole per standard cubic meter) is 20 °C.
                Bws = Water vapor content of the vent stream, proportion by volume; except that if the vent stream passes through a final steam jet and is not condensed, it shall be assumed that Bws = 0.023 in order to correct to 2.3 percent moisture.
                Cj = Concentration on a dry basis of compound j in parts per million, as measured for all organic compounds by Method 18 of 40 CFR part 60, appendix A and measured for hydrogen and carbon monoxide by American Society for Testing and Materials D1946-77 as indicated in paragraph (d)(2)(ii) of this section.
                Hj = Net heat of combustion of compound j, kilocalorie per gram-mole, based on combustion at 25 °C and 760 millimeters mercury. The heats of combustion of vent stream components shall be determined using American Society for Testing and Materials D2382-76 if published values are not available or cannot be calculated.

              (iv) The emission rate of TOC (minus methane and ethane) (ETOC) and the emission rate of total organic HAP (EHAP) in the vent stream shall both be calculated using the following equation:

                ER22AP94.203

                where:

                E = Emission rate of TOC (minus methane and ethane) or emission rate of total organic HAP in the sample, kilograms per hour.
                K2 = Constant, 2.494 × 10−6 (parts per million)−1 (gram-mole per standard cubic meter) (kilogram/gram) (minutes/hour), where standard temperature for (gram-mole per standard cubic meter) is 20 °C.
                Cj = Concentration on a dry basis of organic compound j in parts per million as measured by Method 18 of 40 CFR part 60, appendix A as indicated in paragraph (d)(2)(ii) of this section. If the TOC emission rate is being calculated, Cj includes all organic compounds measured minus methane and ethane; if the total organic HAP emission rate is being calculated, only organic HAP compounds listed in table 2 in subpart F of this part are included.
                Mj = Molecular weight of organic compound j, gram/gram-mole.
                Qs = Vent stream flow rate, dry standard cubic meter per minute, at a temperature of 20 °C.

              (v) In order to determine whether a vent stream is halogenated, the mass emission rate of halogen atoms contained in organic compounds shall be calculated.
              (A) The vent stream concentration of each organic compound containing halogen atoms (parts per million by volume, by compound) shall be determined based on the following procedures:
              (1) Process knowledge that no halogen or hydrogen halides are present in the process, or
              (2) Applicable engineering assessment as discussed in paragraph (d)(1)(iii) of this section, or
              (3) Concentration of organic compounds containing halogens measured by Method 18 of 40 CFR part 60, appendix A, or
              (4) Any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part.
              (B) The following equation shall be used to calculate the mass emission rate of halogen atoms:

                ER22AP94.204

                where:

                E = mass of halogen atoms, dry basis, kilogram per hour.
                K2 = Constant, 2.494 × 10−6 (parts per million)−1 (kilogram-mole per standard cubic meter) (minute/hour), where standard temperature is 20 °C.
                Cj = Concentration of halogenated compound j in the gas stream, dry basis, parts per million by volume.
                Mji = Molecular weight of halogen atom i in compound j of the gas stream, kilogram per kilogram-mole.
                Lji = Number of atoms of halogen i in compound j of the gas stream.
                Q = Flow rate of gas stream, dry standard cubic meters per minute, determined according to paragraph (d)(1) or (d)(2)(i) of this section.
                j = Halogenated compound j in the gas stream.
                i = Halogen atom i in compound j of the gas stream.
                n = Number of halogenated compounds j in the gas stream.
                m = Number of different halogens i in each compound j of the gas stream.

              (3) The owner or operator shall calculate the TRE index value of the vent stream using the equations and procedures in this paragraph.
              (i) The equation for calculating the TRE index for a vent stream controlled by a flare or incinerator is as follows:

                ER22AP94.205

                where:

                TRE = TRE index value.
                EHAP = Hourly emission rate of total organic HAP, kilograms per hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of this section.
                Qs = Vent stream flow rate, standard cubic meters per minute, at a standard temperature of 20 °C, as calculated in paragraph (d)(1) or (d)(2)(i) of this section.
                HT = Vent stream net heating value, megaJoules per standard cubic meter, as calculated in paragraph (d)(1) or (d)(2)(iii) of this section.
                ETOC = Emission rate of TOC (minus methane and ethane), kilograms per hour, as calculated in paragraph (d)(1) or (d)(2)(iv) of this section.
                a,b,c,d = Coefficients presented in table 1 of this subpart, selected in accordance with paragraphs (d)(3)(ii) and (iii) of this section.

              (ii) The owner or operator of a nonhalogenated vent stream shall calculate the TRE index value based on the use of a flare, a thermal incinerator with 0 percent heat recovery, and a thermal incinerator with 70 percent heat recovery and shall select the lowest TRE index value. The owner or operator shall use the applicable coefficients in table 1 of this subpart for nonhalogenated vent streams located within existing sources and the applicable coefficients in table 2 of this subpart for nonhalogenated vent streams located within new sources.
              (iii) The owner or operator of a halogenated vent stream shall calculate the TRE index value based on the use of a thermal incinerator with 0 percent heat recovery, and a scrubber. The owner or operator shall use the applicable coefficients in table 1 of this subpart for halogenated vent streams located within existing sources and the applicable coefficients in table 2 of this subpart for halogenated vent streams located within new sources.
              (e) The owner or operator of a Group 2 process vent shall recalculate the TRE index value, flow, or organic hazardous air pollutants concentration for each process vent, as necessary to determine whether the vent is Group 1 or Group 2, whenever process changes are made that could reasonably be expected to change the vent to a Group 1 vent. Examples of process changes include, but are not limited to, changes in production capacity, production rate, feedstock type, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph, process changes do not include: Process upsets; unintentional, temporary process changes; and changes that are within the range on which the original TRE calculation was based.

              (1) The TRE index value, flow rate, or organic HAP concentration shall be recalculated based on measurements of vent stream flow rate, TOC, and organic HAP concentrations, and heating values as specified in § 63.115 (a), (b), (c), and (d) of this subpart, as applicable, or on best engineering assessment of the effects of the change. Engineering assessments shall meet the specifications in paragraph (d)(1) of this section.
              (2) Where the recalculated TRE index value is less than or equal to 1.0, or less than or equal to 4.0 but greater than 1.0, the recalculated flow rate is greater than or equal to 0.005 standard cubic meter per minute, or the recalculated concentration is greater than or equal to 50 parts per million by volume, the owner or operator shall submit a report as specified in § 63.118 (g), (h), (i), or (j) of this subpart and shall comply with the appropriate provisions in § 63.113 of this subpart by the dates specified in § 63.100 of subpart F of this part.
              (f) Notwithstanding any other provisions of this subpart, in any case where a process vent includes one or more gas streams that are not from a source subject to this subpart (hereafter called “non-HON streams” for purposes of this paragraph), and one or more gas streams that meet the criteria in § 63.107(b) through (h) or the criteria in § 63.107(i) (hereafter called “HON streams” for purposes of this paragraph), the owner or operator may elect to comply with paragraphs (f)(1) through (3) of this section.
              (1) The owner or operator may determine the characteristics (flow rate, total organic HAP concentration, and TRE index value) for each HON stream, or combination of HON streams, at a representative point as near as practical to, but before, the point at which it is combined with one or more non-HON streams.
              (2) If one or more of the HON streams, or combinations of HON streams, has the characteristics (determined at the location specified in paragraph (f)(1) of this section) associated with a Group 1 process vent, the combined vent stream is a Group 1 process vent. Except as specified in paragraph (f)(3) of this section, if none of the HON streams, or combinations of HON streams, when determined at the location specified in paragraph (f)(1) of this section, has the characteristics associated with a Group 1 process vent, the combined vent stream is a Group 2 process vent regardless of the TRE index value determined at the location specified in § 63.115(a). If the combined vent stream is a Group 2 process vent as determined by the previous sentence, but one or more of the HON streams, or combinations of HON streams, has a TRE index value greater than 1 but less than or equal to 4, the combined vent stream is a process vent with a TRE index value greater than 1 but less than or equal to 4. In this case, the owner or operator shall monitor the combined vent stream as required by § 63.114(b).
              (3) Paragraphs (f)(1) and (2) of this section are not intended to apply instead of any other subpart of this part. If another subpart of this part applies to one or more of the non-HON streams contributing to the combined vent stream, that subpart may impose emission control requirements such as, but not limited to, requiring the combined vent stream to be classified and controlled as a Group 1 process vent.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 66 FR 6931, Jan. 22, 2001]

              § 63.116
              Process vent provisions—performance test methods and procedures to determine compliance.
              (a) When a flare is used to comply with § 63.113(a)(1), the owner or operator shall comply with paragraphs (a)(1) through (3) of this section. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration.
              (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4).
              (2) Determine the net heating value of the gas being combusted using the techniques specified in § 63.11(b)(6).
              (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate.

              (b) An owner or operator is not required to conduct a performance test when any control device specified in paragraphs (b)(1) through (b)(5) of this section is used.

              (1) A boiler or process heater with a design heat input capacity of 44 megawatts or greater.
              (2) A boiler or process heater into which the gas stream is introduced with the primary fuel or is used as the primary fuel.
              (3) A control device for which a performance test was conducted for determining compliance with a regulation promulgated by the EPA and the test was conducted using the same methods specified in this section and either no process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes.
              (4) A boiler or process heater burning hazardous waste for which the owner or operator:
              (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H, or
              (ii) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H.
              (5) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O.
              (c) Except as provided in paragraphs (a) and (b) of this section, an owner or operator using a control device to comply with the organic HAP concentration limit or percent reduction efficiency requirements in § 63.113(a)(2) of this subpart shall conduct a performance test using the procedures in paragraphs (c)(1) through (c)(4) of this section. The organic HAP concentration and percent reduction may be measured as either total organic HAP or as TOC minus methane and ethane according to the procedures specified.
              (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites.
              (i) For determination of compliance with the 98 percent reduction of total organic HAP requirement of § 63.113(a)(2) of this subpart, sampling sites shall be located at the inlet of the control device as specified in paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section, and at the outlet of the control device.
              (A) The control device inlet sampling site shall be located after the final product recovery device.
              (B) If a vent stream is introduced with the combustion air or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, selection of the location of the inlet sampling sites shall ensure the measurement of total organic HAP or TOC (minus methane and ethane) concentrations in all vent streams and primary and secondary fuels introduced into the boiler or process heater.
              (ii) For determination of compliance with the 20 parts per million by volume total organic HAP limit in § 63.113(a)(2) of this subpart, the sampling site shall be located at the outlet of the control device.
              (2) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate.
              (3) To determine compliance with the 20 parts per million by volume total organic HAP limit in § 63.113(a)(2) of this subpart, the owner or operator shall use Method 18 of 40 CFR part 60, appendix A to measure either TOC minus methane and ethane or total organic HAP. Alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part, may be used. The following procedures shall be used to calculate parts per million by volume concentration, corrected to 3 percent oxygen:
              (i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of 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 TOC (minus methane or ethane) or total organic HAP shall be calculated according to paragraph (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section.
              (A) The TOC concentration (CTOC) is the sum of the concentrations of the individual components and shall be computed for each run using the following equation:

                ER22AP94.206

                where:

                CTOC = Concentration of TOC (minus methane and ethane), dry basis, parts per million by volume.
                Cji = Concentration of sample components j of 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's is provided in table 2 of subpart F of this part.
              (iii) The concentration of TOC or total organic HAP shall be corrected to 3 percent oxygen if a combustion device is the control device.

              (A) The emission rate correction factor or excess air, integrated sampling and analysis procedures of Method 3B of 40 CFR part 60, appendix A shall be used to determine the oxygen concentration (%O2d). The samples shall be taken during the same time that the TOC (minus methane or ethane) or total organic HAP samples are taken.

              (B) The concentration corrected to 3 percent oxygen (Cc) shall be computed using the following equation:

                ER26AP99.003

                Where:

                Cc = Concentration of TOC or organic HAP corrected to 3 percent oxygen, dry basis, parts per million by volume.
                Cm = Concentration of TOC (minus methane and ethane) or organic HAP, dry basis, parts per million by volume.
                %02d = Concentration of oxygen, dry basis, percent by volume.

              (4) To determine compliance with the 98 percent reduction requirement of § 63.113(a)(2) of this subpart, the owner or operator shall use Method 18 of 40 CFR part 60, appendix A; alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part may be used. The following procedures shall be used to calculate percent reduction efficiency:
              (i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of 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 mass rate of either TOC (minus methane and ethane) or total organic HAP (Ei, Eo) shall be computed.
              (A) The following equations shall be used:

                ER22AP94.208

                ER22AP94.209

                where:

                Cij, Coj = Concentration of sample component j of the gas stream at the inlet and outlet of the control device, respectively, dry basis, parts per million by volume.
                Ei, Eo = Mass rate of TOC (minus methane and ethane) or total organic HAP at the inlet and outlet of the control device, respectively, dry basis, kilogram per hour.
                Mij, Moj = Molecular weight of sample component j of the gas stream at the inlet and outlet of the control device, respectively, gram/gram-mole.

                Qi, Qo = Flow rate of gas stream at the inlet and outlet of the control device, respectively, dry standard cubic meter per minute.
                K2 = Constant, 2.494 × 10−6 (parts per million)−1 (gram-mole per standard cubic meter) (kilogram/gram) (minute/hour), where standard temperature (gram-mole per standard cubic meter) is 20 °C.

              (B) Where the mass rate of TOC is being calculated, all organic compounds (minus methane and ethane) measured by Method 18 of 40 CFR part 60, appendix A are summed using the equation in paragraph (c)(4)(ii)(A) of this section.
              (C) Where the mass rate of total organic HAP is being calculated, only the organic HAP species shall be summed using the equation in paragraph (c)(4)(ii)(A) of this section. The list of organic HAP's is provided in table 2 of subpart F of this part.
              (iii) The percent reduction in TOC (minus methane and ethane) or total organic HAP shall be calculated as follows:

                ER22AP94.210

                where:

                R = Control efficiency of control device, percent.
                Ei = Mass rate of TOC (minus methane and ethane) or total organic HAP at the inlet to the control device as calculated under paragraph (c)(4)(ii) of this section, kilograms TOC per hour or kilograms organic HAP per hour.
                Eo = Mass rate of TOC (minus methane and ethane) or total organic HAP at the outlet of the control device, as calculated under paragraph (c)(4)(ii) of this section, kilograms TOC per hour or kilograms organic HAP per hour.

              (iv) If the vent stream entering a boiler or process heater with a design capacity less than 44 megawatts is introduced with the combustion air or as a secondary fuel, the weight-percent reduction of total organic HAP or TOC (minus methane and ethane) across the device shall be determined by comparing the TOC (minus methane and ethane) or total organic HAP in all combusted vent streams and primary and secondary fuels with the TOC (minus methane and ethane) or total organic HAP exiting the combustion device, respectively.
              (d) An owner or operator using a combustion device followed by a scrubber or other halogen reduction device to control halogenated vent streams in compliance with § 63.113(c)(1) shall conduct a performance test to determine compliance with the control efficiency or emission limits for hydrogen halides and halogens.
              (1) For an owner or operator determining compliance with the percent reduction of total hydrogen halides and halogens, sampling sites shall be located at the inlet and outlet of the scrubber or other halogen reduction device used to reduce halogen emissions. For an owner or operator determining compliance with the less than 0.45 kilogram per hour outlet emission limit for total hydrogen halides and halogens, the sampling site shall be located at the outlet of the scrubber or other halogen reduction device and prior to any releases to the atmosphere.
              (2) Except as provided in paragraph (d)(5) of this section, Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be used to determine the concentration, in milligrams per dry standard cubic meter, of total hydrogen halides and halogens that may be present in the vent stream. The mass emissions of each hydrogen halide and halogen compound shall be calculated from the measured concentrations and the gas stream flow rate.
              (3) To determine compliance with the percent removal efficiency, the mass emissions for any hydrogen halides and halogens present at the inlet of the scrubber or other halogen reduction device shall be summed together. The mass emissions of the compounds present at the outlet of the scrubber or other halogen reduction device shall be summed together. Percent reduction shall be determined by comparison of the summed inlet and outlet measurements.

              (4) To demonstrate compliance with the less than 0.45 kilogram per hour outlet emission limit, the test results must show that the mass emission rate of total hydrogen halides and halogens measured at the outlet of the scrubber or other halogen reduction device is below 0.45 kilogram per hour.

              (5) The owner or operator may use any other method to demonstrate compliance if the method or data has been validated according to the applicable procedures of Method 301 of appendix A of this part.
              (e) An owner or operator using a scrubber or other halogen reduction device to reduce the vent stream halogen atom mass emission rate to less than 0.45 kilogram per hour prior to a combustion control device in compliance with § 63.113(c)(2) of this subpart shall determine the halogen atom mass emission rate prior to the combustor according to the procedures in § 63.115(d)(2)(v) of this subpart.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 64 FR 20191, Apr. 26, 1999; 66 FR 6931, Jan. 22, 2001]

              § 63.117
              Process vent provisions—reporting and recordkeeping requirements for group and TRE determinations and performance tests.
              (a) Each owner or operator subject to the control provisions for Group 1 process vents in § 63.113(a) or the provisions for Group 2 process vents with a TRE index value greater than 1.0 but less than or equal to 4.0 in § 63.113(d) shall:
              (1) Keep an up-to-date, readily accessible record of the data specified in paragraphs (a)(4) through (a)(8) of this section, as applicable, and
              (2) Include the data in paragraphs (a)(4) through (a)(8) of this section in the Notification of Compliance Status report as specified in § 63.152(b) of this subpart.
              (3) If any subsequent TRE determinations or performance tests are conducted after the Notification of Compliance Status has been submitted, report the data in paragraphs (a)(4) through (a)(8) of this section in the next Periodic Report as specified in § 63.152(c) of this subpart.
              (4) Record and report the following when using a combustion device to achieve a 98 weight percent reduction in organic HAP or an organic HAP concentration of 20 parts per million by volume, as specified in § 63.113(a)(2) of this subpart:
              (i) The parameter monitoring results for incinerators, catalytic incinerators, boilers or process heaters specified in table 3 of this subpart, and averaged over the same time period of the performance testing.
              (ii) For an incinerator, the percent reduction of organic HAP or TOC achieved by the incinerator determined as specified in § 63.116(c) of this subpart, or the concentration of organic HAP or TOC (parts per million by volume, by compound) determined as specified in § 63.116(c) of this subpart at the outlet of the incinerator on a dry basis corrected to 3 percent oxygen.
              (iii) For a boiler or process heater, a description of the location at which the vent stream is introduced into the boiler or process heater.
              (iv) For a boiler or process heater with a design heat input capacity of less than 44 megawatts and where the vent stream is introduced with combustion air or used as a secondary fuel and is not mixed with the primary fuel, the percent reduction of organic HAP or TOC, or the concentration of organic HAP or TOC (parts per million by volume, by compound) determined as specified in § 63.116(c) at the outlet of the combustion device on a dry basis corrected to 3 percent oxygen.
              (5) Record and report the following when using a flare to comply with § 63.113(a)(1) of this subpart:
              (i) Flare design (i.e., steam-assisted, air-assisted, or non-assisted);
              (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.116(a) of this subpart; and
              (iii) All periods during the compliance determination when the pilot flame is absent.
              (6) Record and report the following when using a scrubber following a combustion device to control a halogenated vent stream:
              (i) The percent reduction or scrubber outlet mass emission rate of total hydrogen halides and halogens as specified in § 63.116(d) of this subpart;
              (ii) The pH of the scrubber effluent; and
              (iii) The scrubber liquid to gas ratio.

              (7) Record and report the following when achieving and maintaining a TRE index value greater than 1.0 but less than 4.0 as specified in § 63.113(a)(3) or § 63.113(d) of this subpart:

              (i) The parameter monitoring results for absorbers, condensers, or carbon adsorbers, as specified in table 4 of this subpart, and averaged over the same time period of the measurements of vent stream flow rate and concentration used in the TRE determination (both measured while the vent stream is normally routed and constituted), and
              (ii) The measurements and calculations performed to determine the TRE index value of the vent stream.
              (8) Record and report the halogen concentration in the vent stream determined according to the procedures specified in § 63.115(d)(2)(v).
              (b) The owner or operator of a Group 2 process vent with a TRE index greater than 4.0 as specified in § 63.113(e) of this subpart, shall maintain records and submit as part of the Notification of Compliance Status specified in § 63.152 of this subpart, measurements, engineering assessments, and calculations performed to determine the TRE index value of the vent stream. Documentation of engineering assessments shall include all data, assumptions, and procedures used for the engineering assessments, as specified in § 63.115(d)(1) of this subpart.
              (c) Each owner or operator who elects to demonstrate that a process vent is a Group 2 process vent based on a flow rate less than 0.005 standard cubic meter per minute must submit to the Administrator the flow rate measurement using methods and procedures specified in § 63.115 (a) and (b) of this subpart with the Notification of Compliance Status specified in § 63.152 of this subpart.
              (d) Each owner or operator who elects to demonstrate that a process vent is a Group 2 process vent based on organic HAP or TOC concentration less than 50 parts per million by volume must submit to the Administrator an organic HAP or TOC concentration measurement using the methods and procedures specified in § 63.115 (a) and (c) of this subpart with the Notification of Compliance Status specified in § 63.152 of this subpart.
              (e) If an owner or operator uses a control or recovery device other than those listed in tables 3 and 4 of this subpart or requests approval to monitor a parameter other than those specified in tables 3 and 4 of this subpart, the owner or operator shall submit a description of planned reporting and recordkeeping procedures as required under § 63.151(f) or § 63.152(e) of this subpart. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means.
              (f) For each parameter monitored according to tables 3 or 4 of this subpart or paragraph (e) of this section, the owner or operator shall establish a range for the parameter that indicates proper operation of the control or recovery device. In order to establish the range, the information required in § 63.152(b) of this subpart shall be submitted in the Notification of Compliance Status or the operating permit application or amendment.
              [59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 66 FR 6932, Jan. 22, 2001]

              § 63.118
              Process vent provisions—periodic reporting and recordkeeping requirements.
              (a) Each owner or operator using a control device to comply with § 63.113 (a)(1) or (a)(2) of this subpart shall keep the following records up-to-date and readily accessible:
              (1) Continuous records of the equipment operating parameters specified to be monitored under § 63.114(a) of this subpart and listed in table 3 of this subpart or specified by the Administrator in accordance with § 63.114(c) and § 63.117(e) of this subpart. For flares, the hourly records and records of pilot flame outages specified in table 3 of this subpart shall be maintained in place of continuous records.
              (2) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.152(f). For flares, records of the times and duration of all periods during which all pilot flames are absent shall be kept rather than daily averages.

              (3) Hourly records of whether the flow indicator specified under § 63.114(d)(1) was operating and whether a diversion was detected at any time during the hour, as well as records of the times and durations of all periods when the gas stream is diverted to the atmosphere or the monitor is not operating.
              (4) Where a seal mechanism is used to comply with § 63.114(d)(2) of this subpart, hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanism has been done, and shall record the duration of all periods when 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 broken.
              (b) Each owner or operator using a recovery device or other means to achieve and maintain a TRE index value greater than 1.0 but less than 4.0 as specified in § 63.113(a)(3) or § 63.113(d) of this subpart shall keep the following records up-to-date and readily accessible:
              (1) Continuous records of the equipment operating parameters specified to be monitored under § 63.114(b) of this subpart and listed in table 4 of this subpart or specified by the Administrator in accordance with § 63.114(c) of this subpart and § 63.114(e) of this subpart and
              (2) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.152(f). If carbon adsorber regeneration stream flow and carbon bed regeneration temperature are monitored, the records specified in table 4 of this subpart shall be kept instead of the daily averages.
              (c) Each owner or operator subject to the provisions of this subpart and who elects to demonstrate compliance with the TRE index value greater than 4.0 under § 63.113(e) of this subpart or greater than 1.0 under § 63.113(a)(3) or § 63.113(d) of this subpart shall keep up-to-date, readily accessible records of:
              (1) Any process changes as defined in § 63.115(e) of this subpart; and
              (2) Any recalculation of the TRE index value pursuant to § 63.115(e) of this subpart.
              (d) Each owner or operator who elects to comply by maintining a flow rate less than 0.005 standard cubic meter per minute under § 63.113(f) of this subpart, shall keep up-to-date, readily accessible records of:
              (1) Any process changes as defined in § 63.115(e) of this subpart that increase the vent stream flow rate,
              (2) Any recalculation or measurement of the flow rate pursuant to § 63.115(e) of this subpart, and
              (3) If the flow rate increases to 0.005 standard cubic meter per minute or greater as a result of the process change, the TRE determination performed according to the procedures of § 63.115(d) of this subpart.
              (e) Each owner or operator who elects to comply by maintaining an organic HAP concentration less than 50 parts per million by volume organic HAP concentration under § 63.113(g) of this subpart shall keep up-to-date, readily accessible records of:
              (1) Any process changes as defined in § 63.115(e) that increase the organic HAP concentration of the vent stream,
              (2) Any recalculation or measurement of the concentration pursuant to § 63.115(e) of this subpart, and
              (3) If the organic HAP concentration increases to 50 parts per million by volume or greater as a result of the process change, the TRE determination performed according to the procedures of § 63.115(d) of this subpart.
              (f) Each owner or operator who elects to comply with the requirements of § 63.113 of this subpart shall submit to the Administrator Periodic Reports of the following recorded information according to the schedule in § 63.152 of this subpart.
              (1) Reports of daily average values of monitored parameters for all operating days when the daily average values recorded under paragraphs (a) and (b) of this section were outside the ranges established in the Notification of Compliance Status or operating permit.
              (2) For Group 1 points, reports of the duration of periods when monitoring data is not collected for each excursion caused by insufficient monitoring data as defined in § 63.152(c)(2)(ii)(A) of this subpart.

              (3) Reports of the times and durations of all periods recorded under paragraph (a)(3) of this section when the gas stream is diverted to the atmosphere through a bypass line.
              (4) Reports of all periods recorded under paragraph (a)(4) of this section in which the seal mechanism is broken, the bypass line valve position has changed, or the key to unlock the bypass line valve was checked out.
              (5) Reports of the times and durations of all periods recorded under paragraph (a)(2) of this section in which all pilot flames of a flare were absent.
              (6) Reports of all carbon bed regeneration cycles during which the parameters recorded under paragraph (b)(2)(v) of this section were outside the ranges established in the Notification of Compliance Status or operating permit.
              (g) Whenever a process change, as defined in § 63.115(e) of this subpart, is made that causes a Group 2 process vent to become a Group 1 process vent, the owner or operator shall submit a report within 180 calendar days after the process change as specified in § 63.151(j) of this subpart. The report shall include:
              (1) A description of the process change;
              (2) The results of the recalculation of the flow rate, organic HAP concentration, and TRE index value required under § 63.115(e) of this subpart and recorded under paragraph (c), (d), or (e) of this section; and
              (3) A statement that the owner or operator will comply with the provisions of § 63.113 of this subpart for Group 1 process vents by the dates specified in subpart F of this part.
              (h) Whenever a process change, as defined in § 63.115(e) of this subpart, is made that causes a Group 2 process vent with a TRE greater than 4.0 to become a Group 2 process vent with a TRE less than 4.0, the owner or operator shall submit a report within 180 calendar days after the process change. The report may be submitted as part of the next periodic report. The report shall include:
              (1) A description of the process change,
              (2) The results of the recalculation of the TRE index value required under § 63.115(e) of this subpart and recorded under paragraph (c) of this section, and
              (3) A statement that the owner or operator will comply with the requirements specified in § 63.113(d) of this subpart.
              (i) Whenever a process change, as defined in § 63.115(e) of this subpart, is made that causes a Group 2 process vent with a flow rate less than 0.005 standard cubic meter per minute to become a Group 2 process vent with a flow rate of 0.005 standard cubic meter per minute or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 calendar days after the process change. The report may be submitted as part of the next periodic report. The report shall include:
              (1) A description of the process change,
              (2) The results of the recalculation of the flow rate and the TRE determination required under § 63.115(e) of this subpart and recorded under paragraph (d) of this section, and
              (3) A statement that the owner or operator will comply with the requirements specified in § 63.113(d) of this subpart.
              (j) Whenever a process change, as defined in § 63.115(e) of this subpart, is made that causes a Group 2 process vent with an organic HAP concentration less than 50 parts per million by volume to become a Group 2 process vent with an organic HAP concentration of 50 parts per million by volume or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 calendar days after the process change. The report may be submitted as part of the next periodic report. The report shall include:
              (1) A description of the process change,
              (2) The results of the recalculation of the organic HAP concentration and the TRE determination required under § 63.115(e) of this subpart and recorded under paragraph (e) of this section, and
              (3) A statement that the owner or operator will comply with the requirements specified in § 63.113(d) of this subpart.

              (k) The owner or operator is not required to submit a report of a process change if one of the conditions listed in paragraph (k)(1), (k)(2), (k)(3), or (k)(4) of this section is met.
              (1) The process change does not meet the definition of a process change in § 63.115(e) of this subpart, or
              (2) The vent stream flow rate is recalculated according to § 63.115(e) of this subpart and the recalculated value is less than 0.005 standard cubic meter per minute, or
              (3) The organic HAP concentration of the vent stream is recalculated according to § 63.115(e) of this subpart and the recalculated value is less than 50 parts per million by volume, or
              (4) The TRE index value is recalculated according to § 63.115(e) of this subpart and the recalculated value is greater than 4.0.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997; 66 FR 6932, Jan. 22, 2001]

              § 63.119
              Storage vessel provisions—reference control technology.
              (a) For each storage vessel to which this subpart applies, the owner or operator shall comply with the requirements of paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this section according to the schedule provisions of § 63.100 of subpart F of this part.
              (1) For each Group 1 storage vessel (as defined in table 5 of this subpart for existing sources and table 6 of the subpart for new sources) storing a liquid for which the maximum true vapor pressure of the total organic hazardous air pollutants in the liquid is less than 76.6 kilopascals, the owner or operator shall reduce hazardous air pollutants emissions to the atmosphere either by operating and maintaining a fixed roof and internal floating roof, an external floating roof, an external floating roof converted to an internal floating roof, a closed vent system and control device, routing the emissions to a process or a fuel gas system, or vapor balancing in accordance with the requirements in paragraph (b), (c), (d), (e), (f), or (g) of this section, or equivalent as provided in § 63.121 of this subpart.
              (2) For each Group 1 storage vessel (as defined in table 5 of this subpart for existing sources and table 6 of this subpart for new sources) storing a liquid for which the maximum true vapor pressure of the total organic hazardous air pollutants in the liquid is greater than or equal to 76.6 kilopascals, the owner or operator shall operate and maintain a closed vent system and control device meeting the requirements specified in paragraph (e) of this section, route the emissions to a process or a fuel gas system as specified in paragraph (f) of this section, vapor balance as specified in paragraph (g) of this section, or equivalent as provided in § 63.121 of this subpart.
              (3) For each Group 2 storage vessel that is not part of an emissions average as described in § 63.150 of this subpart, the owner or operator shall comply with the recordkeeping requirement in § 63.123(a) of this subpart and is not required to comply with any other provisions in §§ 63.119 through 63.123 of this subpart.
              (4) For each Group 2 storage vessel that is part of an emissions average, the owner or operator shall comply with the emissions averaging provisions in § 63.150 of this subpart.
              (b) The owner or operator who elects to use a fixed roof and an internal floating roof, as defined in § 63.111 of this subpart, to comply with the requirements of paragraph (a)(1) of this section shall comply with the requirements specified in paragraphs (b)(1) through (b)(6) of this section.

                Note:
                The intent of paragraphs (b)(1) and (b)(2) of this section is to avoid having a vapor space between the floating roof and the stored liquid for extended periods. Storage vessels may be emptied for purposes such as routine storage vessel maintenance, inspections, petroleum liquid deliveries, or transfer operations. Storage vessels where liquid is left on walls, as bottom clingage, or in pools due to floor irregularity are considered completely empty.

              (1) The internal floating roof shall be floating on the liquid surface at all times except when the floating roof must be supported by the leg supports during the periods specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section.
              (i) During the initial fill.
              (ii) After the vessel has been completely emptied and degassed.

              (iii) When the vessel is completely emptied before being subsequently refilled.

              (2) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as soon as practical.
              (3) Each internal floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge. Except as provided in paragraph (b)(3)(iv) of this section, the closure device shall consist of one of the devices listed in paragraph (b)(3)(i), (b)(3)(ii), or (b)(3)(iii) of this section.
              (i) A liquid-mounted seal as defined in § 63.111 of this subpart.
              (ii) A metallic shoe seal as defined in § 63.111 of this subpart.
              (iii) Two seals mounted one above the other so that each forms a continuous closure that completely covers the space between the wall of the storage vessel and the edge of the internal floating roof. The lower seal may be vapor- mounted, but both must be continuous seals.
              (iv) If the internal floating roof is equipped with a vapor-mounted seal as of December 31, 1992, the requirement for one of the seal options specified in paragraphs (b)(3)(i), (b)(3)(ii), and (b)(3)(iii) of this section does not apply until the earlier of the dates specified in paragraphs (b)(3)(iv)(A) and (b)(3)(iv)(B) of this section.
              (A) The next time the storage vessel is emptied and degassed.
              (B) No later than 10 years after April 22, 1994.
              (4) Automatic bleeder vents are to be closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the roof leg supports.
              (5) Except as provided in paragraph (b)(5)(viii) of this section, each internal floating roof shall meet the specifications listed in paragraphs (b)(5)(i) through (b)(5)(vii) of this section.
              (i) Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents is to provide a projection below the liquid surface.
              (ii) Each opening in the internal floating roof except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains shall be equipped with a cover or lid. The cover or lid shall be equipped with a gasket.
              (iii) Each penetration of the internal floating roof for the purposes of sampling shall be a sample well. Each sample well shall have a slit fabric cover that covers at least 90 percent of the opening.
              (iv) Each automatic bleeder vent shall be gasketed.
              (v) Each rim space vent shall be gasketed.
              (vi) Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.
              (vii) Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.
              (viii) If the internal floating roof does not meet any one of the specifications listed in paragraphs (b)(5)(i) through (b)(5)(vii) of this section as of December 31, 1992, the requirement for meeting those specifications does not apply until the earlier of the dates specified in paragraphs (b)(5)(viii)(A) and (b)(5)(viii)(B) of this section.
              (A) The next time the storage vessel is emptied and degassed.
              (B) No later than 10 years after April 22, 1994.
              (6) Each cover or lid on any opening in the internal floating roof shall be closed (i.e., no visible gaps), except when the cover or lid must be open for access. Covers on each access hatch and each gauge float well shall be bolted or fastened so as to be air-tight when they are closed. Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.
              (c) The owner or operator who elects to use an external floating roof, as defined in § 63.111 of this subpart, to comply with the requirements of paragraph (a)(1) of this section shall comply with the requirements specified in paragraphs (c)(1) through (c)(4) of this section.

              (1) Each external floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge.

              (i) Except as provided in paragraph (c)(1)(iv) of this section, the closure device is to consist of two seals, one above the other. The lower seal is referred to as the primary seal and the upper seal is referred to as the secondary seal.
              (ii) Except as provided in paragraph (c)(1)(v) of this section, the primary seal shall be either a metallic shoe seal or a liquid-mounted seal.
              (iii) Except during the inspections required by § 63.120(b) of this subpart, both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the storage vessel in a continuous fashion.
              (iv) If the external floating roof is equipped with a liquid-mounted or metallic shoe primary seal as of December 31, 1992, the requirement for a secondary seal in paragraph (c)(1)(i) of this section does not apply until the earlier of the dates specified in paragraphs (c)(1)(iv)(A) and (c)(1)(iv)(B) of this section.
              (A) The next time the storage vessel is emptied and degassed.
              (B) No later than 10 years after April 22, 1994.
              (v) If the external floating roof is equipped with a vapor-mounted primary seal and a secondary seal as of December 31, 1992, the requirement for a liquid-mounted or metallic shoe primary seal in paragraph (c)(1)(ii) of this section does not apply until the earlier of the dates specified in paragraphs (c)(1)(v)(A) and (c)(1)(v)(B) of this section.
              (A) The next time the storage vessel is emptied and degassed.
              (B) No later than 10 years after April 22, 1994.
              (2) Each external floating roof shall meet the specifications listed in paragraphs (c)(2)(i) through (c)(2)(xii) of this section.
              (i) Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in the noncontact external floating roof shall provide a projection below the liquid surface except as provided in paragraph (c)(2)(xii) of this section.
              (ii) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof is to be equipped with a gasketed cover, seal or lid which is to be maintained in a closed position (i.e., no visible gap) at all times except when the cover or lid must be open for access. Covers on each access hatch and each gauge float well shall be bolted or fastened so as to be air-tight when they are closed.
              (iii) Automatic bleeder vents are to be closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the roof leg supports.
              (iv) Rim space vents are to be set to open only when the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.
              (v) Automatic bleeder vents and rim space vents are to be gasketed.
              (vi) Each roof drain that empties into the stored liquid is to be provided with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening.
              (vii) Each unslotted guide pole well shall have a gasketed sliding cover or a flexible fabric sleeve seal.
              (viii) Each unslotted guide pole shall have on the end of the pole a gasketed cap which is closed at all times except when gauging the liquid level or taking liquid samples.
              (ix) Each slotted guide pole well shall have a gasketed sliding cover or a flexible fabric sleeve seal.
              (x) Each slotted guide pole shall have a gasketed float or other device which closes off the liquid surface from the atmosphere.
              (xi) Each gauge hatch/sample well shall have a gasketed cover which is closed at all times except when the hatch or well must be open for access.
              (xii) If each opening in a noncontact external floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents does not provide a projection below the liquid surface as of December 31, 1992, the requirement for providing these projections below the liquid surface does not apply until the earlier of the dates specified in paragraphs (c)(2)(xii)(A) and (c)(2)(xii)(B) of this section.

              (A) The next time the storage vessel is emptied and degassed.

              (B) No later than 10 years after April 22, 1994.

                Note:
                The intent of paragraphs (c)(3) and (c)(4) of this section is to avoid having a vapor space between the floating roof and the stored liquid for extended periods. Storage vessels may be emptied for purposes such as routine storage vessel maintenance, inspections, petroleum liquid deliveries, or transfer operations. Storage vessels where liquid is left on walls, as bottom clingage, or in pools due to floor irregularity are considered completely empty.

              (3) The external floating roof shall be floating on the liquid surface at all times except when the floating roof must be supported by the leg supports during the periods specified in paragraphs (c)(3)(i) through (c)(3)(iii) of this section.
              (i) During the initial fill.
              (ii) After the vessel has been completely emptied and degassed.
              (iii) When the vessel is completely emptied before being subsequently refilled.
              (4) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as soon as practical.
              (d) The owner or operator who elects to use an external floating roof converted to an internal floating roof (i.e., fixed roof installed above external floating roof) to comply with paragraph (a)(1) of this section shall comply with paragraphs (d)(1) and (d)(2) of this section.
              (1) Comply with the requirements for internal floating roof vessels specified in paragraphs (b)(1), (2), and (3) of this section; and
              (2) Comply with the requirements for deck fittings that are specified for external floating roof vessels in paragraphs (c)(2)(i) through (c)(2)(xii) of this section.
              (e) The owner or operator who elects to use a closed vent system and control device, as defined in § 63.111 of this subpart, to comply with the requirements of paragraph (a)(1) or (a)(2) of this section shall comply with the requirements specified in paragraphs (e)(1) through (e)(5) of this section.
              (1) Except as provided in paragraph (e)(2) of this section, the control device shall be designed and operated to reduce inlet emissions of total organic HAP by 95 percent or greater. If a flare is used as the control device, it shall meet the specifications described in the general control device requirements of § 63.11(b) of subpart A of this part.
              (2) If the owner or operator can demonstrate that a control device installed on a storage vessel on or before December 31, 1992 is designed to reduce inlet emissions of total organic HAP by greater than or equal to 90 percent but less than 95 percent, then the control device is required to be operated to reduce inlet emissions of total organic HAP by 90 percent or greater.
              (3) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of paragraph (e)(1) or (e)(2) of this section, as applicable, shall not exceed 240 hours per year.
              (4) The specifications and requirements in paragraphs (e)(1) and (e)(2) of this section for control devices do not apply during periods of planned routine maintenance.
              (5) The specifications and requirements in paragraphs (e)(1) and (e)(2) of this section for control devices do not apply during a control system malfunction.
              (6) An owner or operator may use a combination of control devices to achieve the required reduction of total organic hazardous air pollutants specified in paragraph (e)(1) of this section. An owner or operator may use a combination of control devices installed on a storage vessel on or before December 31, 1992 to achieve the required reduction of total organic hazardous air pollutants specified in paragraph (e)(2) of this section.
              (f) The owner or operator who elects to route emissions to a fuel gas system or to a process, as defined in § 63.111 of this subpart, to comply with the requirements of paragraph (a)(1) or (a)(2) of this section shall comply with the requirements in paragraphs (f)(1) through (f)(3) of this section, as applicable.

              (1) If emissions are routed to a fuel gas system, there is no requirement to conduct a performance test or design evaluation. If emissions are routed to a process, the organic hazardous air pollutants in the emissions shall predominantly meet one of, or a combination of, the ends specified in paragraphs (f)(1)(i) through (f)(1)(iv) of this section. The owner or operator shall comply with the compliance demonstration requirements in § 63.120(f).
              (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process;
              (ii) Transformed by chemical reaction into materials that are not organic hazardous air pollutants;
              (iii) Incorporated into a product; and/or
              (iv) Recovered.
              (2) If the emissions are conveyed by a system other than hard-piping, any conveyance system operated under positive pressure shall be subject to the requirements of § 63.148 of this subpart.
              (3) The fuel gas system or process shall be operating at all times when organic hazardous air pollutants emissions are routed to it except as provided in § 63.102(a)(1) of subpart F of this part and in paragraphs (f)(3)(i) through (f)(3)(iii) of this section. Whenever the owner or operator by-passes the fuel gas system or process, the owner or operator shall comply with the recordkeeping requirement in § 63.123(h) of this subpart. Bypassing is permitted if the owner or operator complies with one or more of the conditions specified in paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
              (i) The liquid level in the storage vessel is not increased;
              (ii) The emissions are routed through a closed-vent system to a control device complying with § 63.119(e) of this subpart; or
              (iii) The total aggregate amount of time during which the emissions by-pass the fuel gas system or process during the calendar year without being routed to a control device, for all reasons (except start-ups/shutdowns/malfunctions or product changeovers of flexible operation units and periods when the storage vessel has been emptied and degassed), does not exceed 240 hours.
              (g) The owner or operator who elects to vapor balance to comply with the requirements of paragraphs (a)(1) and (2) of this section shall comply with paragraphs (g)(1) through (7) of this section and the recordkeeping requirements of § 63.123(i).
              (1) The vapor balancing system must be designed and operated to route organic HAP vapors displaced from loading of the storage tank to the railcar, tank truck, or barge from which the storage tank is filled.
              (2) Tank trucks and railcars must have a current certification in accordance with the U.S. Department of Transportation pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars. Barges must have a current certification of vapor-tightness through testing in accordance with 40 CFR 63.565.
              (3) Hazardous air pollutants must only be unloaded from tank trucks or railcars when vapor collection systems are connected to the storage tank's vapor collection system.
              (4) No pressure relief device on the storage tank, or on the railcar or tank truck, shall open during loading or as a result of diurnal temperature changes (breathing losses).
              (5) Pressure relief devices must be set to no less than 2.5 psig at all times to prevent breathing losses. Pressure relief devices may be set at values less than 2.5 psig if the owner or operator provides rationale in the notification of compliance status report explaining why the alternative value is sufficient to prevent breathing losses at all times. The owner or operator shall comply with paragraphs (g)(5)(i) through (iii) of this section for each pressure relief valve.
              (i) The pressure relief valve shall be monitored quarterly using the method described in § 63.180(b).
              (ii) An instrument reading of 500 ppmv or greater defines a leak.
              (iii) When a leak is detected, it shall be repaired as soon as practicable, but no later than 5 days after it is detected, and the owner or operator shall comply with the recordkeeping requirements of § 63.181(d)(1) through (4).

              (6) Railcars, tank trucks, or barges that deliver HAP to a storage tank must be reloaded or cleaned at a facility that utilizes the control techniques specified in paragraph (g)(6)(i) or (ii) of this section.

              (i) The railcar, tank truck, or barge must be connected to a closed-vent system with a control device that reduces inlet emissions of HAP by 95 percent by weight or greater.
              (ii) A vapor balancing system designed and operated to collect organic HAP vapor displaced from the tank truck, railcar, or barge during reloading must be used to route the collected HAP vapor to the storage tank from which the liquid being transferred originated.
              (7) The owner or operator of the facility where the railcar, tank truck, or barge is reloaded or cleaned must comply with paragraphs (g)(7)(i) through (iii) of this section.
              (i) Submit to the owner or operator of the storage tank and to the Administrator a written certification that the reloading or cleaning facility will meet the requirements of this section. The certifying entity may revoke the written certification by sending a written statement to the owner or operator of the storage tank giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the requirements of this paragraph (g)(7).
              (ii) If complying with paragraph (g)(6)(i) of this section, comply with the requirements for closed vent system and control device specified in §§ 63.119 through 63.123. The notification and reporting requirements in § 63.122 do not apply to the owner or operator of the offsite cleaning or reloading facility.
              (iii) If complying with paragraph (g)(6)(ii) of this section, keep the records specified in § 63.123(i)(3).
              (iv) After the compliance dates specified in § 63.100(k) at an offsite reloading or cleaning facility subject to paragraph (g) of this section, compliance with the monitoring, recordkeeping, and reporting provisions of any other subpart of this part 63 constitutes compliance with the monitoring, recordkeeping, and reporting provisions of paragraph (g)(7)(ii) or paragraph (g)(7)(iii) of this section. You must identify in your Notification of Compliance Status report required by § 63.152(b), the subpart to the part 63 with which the owner or operator of the reloading or cleaning facility complies.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997; 69 FR 76863, Dec. 23, 2004; 71 FR 76614, Dec. 21, 2006]

              § 63.120
              Storage vessel provisions—procedures to determine compliance.
              (a) To demonstrate compliance with § 63.119(b) of this subpart (storage vessel equipped with a fixed roof and internal floating roof) or with § 63.119(d) of this subpart (storage vessel equipped with an external floating roof converted to an internal floating roof), the owner or operator shall comply with the requirements in paragraphs (a)(1) through (a)(7) of this section.
              (1) The owner or operator shall visually inspect the internal floating roof, the primary seal, and the secondary seal (if one is in service), according to the schedule specified in paragraphs (a)(2) and (a)(3) of this section.
              (2) For vessels equipped with a single-seal system, the owner or operator shall perform the inspections specified in paragraphs (a)(2)(i) and (a)(2)(ii) of this section.
              (i) Visually inspect the internal floating roof and the seal through manholes and roof hatches on the fixed roof at least once every 12 months after initial fill, or at least once every 12 months after the compliance date specified in § 63.100 of subpart F of this part.
              (ii) Visually inspect the internal floating roof, the seal, gaskets, slotted membranes, and sleeve seals (if any) each time the storage vessel is emptied and degassed, and at least once every 10 years after the compliance date specified in § 63.100 of subpart F of this part.
              (3) For vessels equipped with a double-seal system as specified in § 63.119(b)(3)(iii) of this subpart, the owner or operator shall perform either the inspection required in paragraph (a)(3)(i) of this section or the inspections required in both paragraphs (a)(3)(ii) and (a)(3)(iii) of this section.

              (i) The owner or operator shall visually inspect the internal floating roof, the primary seal, the secondary seal, gaskets, slotted membranes, and sleeve seals (if any) each time the storage vessel is emptied and degassed and at least once every 5 years after the compliance date specified in § 63.100 of subpart F of this part; or
              (ii) The owner or operator shall visually inspect the internal floating roof and the secondary seal through manholes and roof hatches on the fixed roof at least once every 12 months after initial fill, or at least once every 12 months after the compliance date specified in § 63.100 of subpart F of this part, and
              (iii) Visually inspect the internal floating roof, the primary seal, the secondary seal, gaskets, slotted membranes, and sleeve seals (if any) each time the vessel is emptied and degassed and at least once every 10 years after the compliance date specified in § 63.100 of subpart F of this part.
              (4) If during the inspections required by paragraph (a)(2)(i) or (a)(3)(ii) of this section, the internal floating roof is not resting on the surface of the liquid inside the storage vessel and is not resting on the leg supports; or there is liquid on the floating roof; or the seal is detached; or there are holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage vessel, the owner or operator shall repair the items or empty and remove the storage vessel from service within 45 calendar days. If a failure that is detected during inspections required by paragraph (a)(2)(i) or (a)(3)(ii) of this section cannot be repaired within 45 calendar days and if the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include a description of the failure, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical.
              (5) Except as provided in paragraph (a)(6) of this section, for all the inspections required by paragraphs (a)(2)(ii), (a)(3)(i), and (a)(3)(iii) of this section, the owner or operator shall notify the Administrator in writing at least 30 calendar days prior to the refilling of each storage vessel to afford the Administrator the opportunity to have an observer present.
              (6) If the inspection required by paragraph (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this section is not planned and the owner or operator could not have known about the inspection 30 calendar days in advance of refilling the vessel, the owner or operator shall notify the Administrator at least 7 calendar days prior to the refilling of the storage vessel. Notification may be made by telephone and 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 calendar days prior to refilling.
              (7) If during the inspections required by paragraph (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this section, the internal floating roof has defects; or the primary seal has holes, tears, or other openings in the seal or the seal fabric; or the secondary seal has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the liquid surface from the atmosphere; or the slotted membrane has more than 10 percent open area, the owner or operator shall repair the items as necessary so that none of the conditions specified in this paragraph exist before refilling the storage vessel with organic HAP.
              (b) To demonstrate compliance with § 63.119(c) of this subpart (storage vessel equipped with an external floating roof), the owner or operator shall comply with the requirements specified in paragraphs (b)(1) through (b)(10) of this section.
              (1) Except as provided in paragraph (b)(7) of this section, the owner or operator shall determine the gap areas and maximum gap widths between the primary seal and the wall of the storage vessel, and the secondary seal and the wall of the storage vessel according to the frequency specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section.

              (i) For an external floating roof vessel equipped with primary and secondary seals, measurements of gaps between the vessel wall and the primary seal shall be performed during the hydrostatic testing of the vessel or by the compliance date specified in § 63.100 of subpart F of this part, whichever occurs last, and at least once every 5 years thereafter.
              (ii) For an external floating roof vessel equipped with a liquid-mounted or metallic shoe primary seal and without a secondary seal as provided for in § 63.119(c)(1)(iv) of this subpart, measurements of gaps between the vessel wall and the primary seal shall be performed by the compliance date specified in § 63.100 of subpart F of this part and at least once per year thereafter, until a secondary seal is installed. When a secondary seal is installed above the primary seal, measurements of gaps between the vessel wall and both the primary and secondary seals shall be performed within 90 calendar days of installation of the secondary seal, and according to the frequency specified in paragraphs (b)(1)(i) and (b)(1)(iii) of this section thereafter.
              (iii) For an external floating roof vessel equipped with primary and secondary seals, measurements of gaps between the vessel wall and the secondary seal shall be performed by the compliance date specified in § 63.100 of subpart F of this part and at least once per year thereafter.
              (iv) If any storage vessel ceases to store organic HAP for a period of 1 year or more, or if the maximum true vapor pressure of the total organic HAP's in the stored liquid falls below the values defining Group 1 storage vessels specified in table 5 or table 6 of this subpart for a period of 1 year or more, measurements of gaps between the vessel wall and the primary seal, and gaps between the vessel wall and the secondary seal shall be performed within 90 calendar days of the vessel being refilled with organic HAP.
              (2) Except as provided in paragraph (b)(7) of this section, the owner or operator shall determine gap widths and gap areas in the primary and secondary seals (seal gaps) individually by the procedures described in paragraphs (b)(2)(i) through (b)(2)(iii) of this section.
              (i) Seal gaps, if any, shall be measured at one or more floating roof levels when the roof is not resting on the roof leg supports.
              (ii) Seal gaps, if any, shall be measured around the entire circumference of the vessel in each place where an 0.32 centimeter (1/8 inch) diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the storage vessel. The circumferential distance of each such location shall also be measured.
              (iii) The total surface area of each gap described in paragraph (b)(2)(ii) of this section shall be determined by using probes of various widths to measure accurately the actual distance from the vessel wall to the seal and multiplying each such width by its respective circumferential distance.
              (3) The owner or operator shall add the gap surface area of each gap location for the primary seal and divide the sum by the nominal diameter of the vessel. The accumulated area of gaps between the vessel wall and the primary seal shall not exceed 212 square centimeters per meter of vessel diameter and the width of any portion of any gap shall not exceed 3.81 centimeters.
              (4) The owner or operator shall add the gap surface area of each gap location for the secondary seal and divide the sum by the nominal diameter of the vessel. The accumulated area of gaps between the vessel wall and the secondary seal shall not exceed 21.2 square centimeters per meter of vessel diameter and the width of any portion of any gap shall not exceed 1.27 centimeters. These seal gap requirements may be exceeded during the measurement of primary seal gaps as required by paragraph (b)(1)(i) and (b)(1)(ii) of this section.
              (5) The primary seal shall meet the additional requirements specified in paragraphs (b)(5)(i) and (b)(5)(ii) of this section.
              (i) Where a metallic shoe seal is in use, one end of the metallic shoe shall extend into the stored liquid and the other end shall extend a minimum vertical distance of 61 centimeters above the stored liquid surface.
              (ii) There shall be no holes, tears, or other openings in the shoe, seal fabric, or seal envelope.

              (6) The secondary seal shall meet the additional requirements specified in paragraphs (b)(6)(i) and (b)(6)(ii) of this section.
              (i) The secondary seal shall be installed above the primary seal so that it completely covers the space between the roof edge and the vessel wall except as provided in paragraph (b)(4) of this section.
              (ii) There shall be no holes, tears, or other openings in the seal or seal fabric.
              (7) If the owner or operator determines that it is unsafe to perform the seal gap measurements required in paragraphs (b)(1) and (b)(2) of this section or to inspect the vessel to determine compliance with paragraphs (b)(5) and (b)(6) of this section because the floating roof appears to be structurally unsound and poses an imminent or potential danger to inspecting personnel, the owner or operator shall comply with the requirements in either paragraph (b)(7)(i) or (b)(7)(ii) of this section.
              (i) The owner or operator shall measure the seal gaps or inspect the storage vessel no later than 30 calendar days after the determination that the roof is unsafe, or
              (ii) The owner or operator shall empty and remove the storage vessel from service no later than 45 calendar days after determining that the roof is unsafe. If the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include an explanation of why it was unsafe to perform the inspection or seal gap measurement, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the vessel will be emptied as soon as practical.
              (8) The owner or operator shall repair conditions that do not meet requirements listed in paragraphs (b)(3), (b)(4), (b)(5), and (b)(6) of this section (i.e., failures) no later than 45 calendar days after identification, or shall empty and remove the storage vessel from service no later than 45 calendar days after identification. If during seal gap measurements required in paragraph (b)(1) and (b)(2) of this section or during inspections necessary to determine compliance with paragraphs (b)(5) and (b)(6) of this section a failure is detected that cannot be repaired within 45 calendar days and if the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include a description of the failure, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical.
              (9) The owner or operator shall notify the Administrator in writing 30 calendar days in advance of any gap measurements required by paragraph (b)(1) or (b)(2) of this section to afford the Administrator the opportunity to have an observer present.
              (10) The owner or operator shall visually inspect the external floating roof, the primary seal, secondary seal, and fittings each time the vessel is emptied and degassed.
              (i) If the external floating roof has defects; the primary seal has holes, tears, or other openings in the seal or the seal fabric; or the secondary seal has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the liquid surface from the atmosphere; or the slotted membrane has more than 10 percent open area, the owner or operator shall repair the items as necessary so that none of the conditions specified in this paragraph exist before filling or refilling the storage vessel with organic HAP.
              (ii) Except as provided in paragraph (b)(10)(iii) of this section, for all the inspections required by paragraph (b)(10) of this section, the owner or operator shall notify the Administrator in writing at least 30 calendar days prior to filling or refilling of each storage vessel with organic HAP to afford the Administrator the opportunity to inspect the storage vessel prior to refilling.

              (iii) If the inspection required by paragraph (b)(10) of this section is not planned and the owner or operator could not have known about the inspection 30 calendar days in advance of refilling the vessel with organic HAP, the owner or operator shall notify the Administrator at least 7 calendar days prior to refilling of the storage vessel. Notification may be made by telephone and immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification including the written documentation may be made in writing and sent so that it is received by the Administrator at least 7 calendar days prior to the refilling.
              (c) To demonstrate compliance with § 63.119(d) of this subpart (storage vessel equipped with an external floating roof converted to an internal floating roof), the owner or operator shall comply with the requirements of paragraph (a) of this section.
              (d) To demonstrate compliance with § 63.119(e) of this subpart (storage vessel equipped with a closed vent system and control device) using a control device other than a flare, the owner or operator shall comply with the requirements in paragraphs (d)(1) through (d)(7) of this section, except as provided in paragraph (d)(8) of this section.
              (1) The owner or operator shall either prepare a design evaluation, which includes the information specified in paragraph (d)(1)(i) of this section, or submit the results of a performance test as described in paragraph (d)(1)(ii) of this section.
              (i) The design evaluation shall include documentation demonstrating that the control device being used achieves the required control efficiency during reasonably expected maximum filling rate. This documentation is to include a description of the gas stream which enters the control device, including flow and organic HAP content under varying liquid level conditions, and the information specified in paragraphs (d)(1)(i)(A) through (d)(1)(i)(E) of this section, as applicable.
              (A) If the control device receives vapors, gases or liquids, other than fuels, from emission points other than storage vessels subject to this subpart, the efficiency demonstration is to include consideration of all vapors, gases, and liquids, other than fuels, received by the control device.
              (B) If an enclosed combustion device with a minimum residence time of 0.5 seconds and a minimum temperature of 760 °C is used to meet the emission reduction requirement specified in § 63.119 (e)(1) or (e)(2), as applicable, documentation that those conditions exist is sufficient to meet the requirements of paragraph (d)(1)(i) of this section.
              (C) Except as provided in paragraph (d)(1)(i)(B) of this section, for thermal incinerators, the design evaluation shall include the autoignition temperature of the organic HAP, the flow rate of the organic HAP emission stream, the combustion temperature, and the residence time at the combustion temperature.
              (D) For carbon adsorbers, the design evaluation shall include the affinity of the organic HAP vapors for carbon, the amount of carbon in each bed, the number of beds, the humidity of the feed gases, the temperature of the feed gases, the flow rate of the organic HAP emission stream, the desorption schedule, the regeneration stream pressure or temperature, and the flow rate of the regeneration stream. For vacuum desorption, pressure drop shall be included.
              (E) For condensers, the design evaluation shall include the final temperature of the organic HAP vapors, the type of condenser, and the design flow rate of the organic HAP emission stream.
              (ii) If the control device used to comply with § 63.119(e) of this subpart is also used to comply with § 63.113(a)(2), § 63.126(b)(1), or § 63.139(c) of this subpart, the performance test required by § 63.116(c), § 63.128(a), or § 63.139(d)(1) of this subpart is acceptable to demonstrate compliance with § 63.119(e) of this subpart. The owner or operator is not required to prepare a design evaluation for the control device as described in paragraph (d)(1)(i) of this section, if the performance tests meets the criteria specified in paragraphs (d)(1)(ii)(A) and (d)(1)(ii)(B) of this section.
              (A) The performance test demonstrates that the control device achieves greater than or equal to the required control efficiency specified in § 63.119 (e)(1) or (e)(2) of this subpart, as applicable; and

              (B) The performance test is submitted as part of the Notification of Compliance Status required by § 63.151(b) of this subpart.
              (2) The owner or operator shall submit, as part of the Notification of Compliance Status required by § 63.151 (b) of this subpart, a monitoring plan containing the information specified in paragraph (d)(2)(i) of this section and in either (d)(2)(ii) or (d)(2)(iii) of this section.
              (i) A description of the parameter or parameters to be monitored to ensure that the control device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter (or parameters), and the frequency with which monitoring will be performed (e.g., when the liquid level in the storage vessel is being raised); and either
              (ii) The documentation specified in paragraph (d)(1)(i) of this section, if the owner or operator elects to prepare a design evaluation; or
              (iii) The information specified in paragraph (d)(2)(iii) (A) and (B) of this section if the owner or operator elects to submit the results of a performance test.
              (A) Identification of the storage vessel and control device for which the performance test will be submitted, and
              (B) Identification of the emission point(s) that share the control device with the storage vessel and for which the performance test will be conducted.
              (3) The owner or operator shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in paragraphs (d)(3)(i) and, if applicable, (d)(3)(ii) of this section.
              (i) The operating range for each monitoring parameter identified in the monitoring plan. The specified operating range shall represent the conditions for which the control device is being properly operated and maintained.
              (ii) Results of the performance test described in paragraph (d)(1)(ii) of this section.
              (4) The owner or operator shall demonstrate compliance with the requirements of § 63.119(e)(3) of this subpart (planned routine maintenance of a control device, during which the control device does not meet the specifications of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable, shall not exceed 240 hours per year) by including in each Periodic Report required by § 63.152(c) of this subpart the information specified in § 63.122(g)(1) of this subpart.
              (5) The owner or operator shall monitor the parameters specified in the Notification of Compliance Status required in § 63.152(b) of this subpart or in the operating permit and shall operate and maintain the control device such that the monitored parameters remain within the ranges specified in the Notification of Compliance Status.
              (6) Except as provided in paragraph (d)(7) of this section, each closed vent system shall be inspected as specified in § 63.148 of this subpart. The initial and annual inspections required by § 63.148(b) of this subpart shall be done during filling of the storage vessel.
              (7) For any fixed roof tank and closed vent system that are operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart.
              (8) A design evaluation or performance test is not required, if the owner or operator uses a combustion device meeting the criteria in paragraph (d)(8)(i), (d)(8)(ii), (d)(8)(iii), or (d)(8)(iv) of this section.
              (i) A boiler or process heater with a design heat input capacity of 44 megawatts or greater.
              (ii) A boiler or process heater burning hazardous waste for which the owner or operator:
              (A) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H, or
              (B) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H.
              (iii) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O.

              (iv) A boiler or process heater into which the vent stream is introduced with the primary fuel.

              (e) To demonstrate compliance with § 63.119(e) of this subpart (storage vessel equipped with a closed vent system and control device) using a flare, the owner or operator shall comply with the requirements in paragraphs (e)(1) through (e)(6) of this section.
              (1) The owner or operator shall perform the compliance determination specified in § 63.11(b) of subpart A of this part.
              (2) The owner or operator shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in paragraphs (e)(2)(i) through (e)(2)(iii) of this section.
              (i) Flare design (i.e., steam-assisted, air-assisted, or non-assisted);
              (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by paragraph (e)(1) of this section; and
              (iii) All periods during the compliance determination when the pilot flame is absent.
              (3) The owner or operator shall demonstrate compliance with the requirements of § 63.119(e)(3) of this subpart (planned routine maintenance of a flare, during which the flare does not meet the specifications of § 63.119(e)(1) of this subpart, shall not exceed 240 hours per year) by including in each Periodic Report required by § 63.152(c) of this subpart the information specified in § 63.122(g)(1) of this subpart.
              (4) The owner or operator shall continue to meet the general control device requirements specified in § 63.11(b) of subpart A of this part.
              (5) Except as provided in paragraph (e)(6) of this section, each closed vent system shall be inspected as specified in § 63.148 of this subpart. The inspections required to be performed in accordance with § 63.148(c) of this subpart shall be done during filling of the storage vessel.
              (6) For any fixed roof tank and closed vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart.
              (f) To demonstrate compliance with § 63.119(f) of this subpart (storage vessel routed to a process), the owner or operator shall prepare a design evaluation (or engineering assessment) that demonstrates the extent to which one or more of the ends specified in § 63.119(f)(1)(i) through (f)(1)(iv) are being met. The owner or operator shall submit the design evaluation as part of the Notification of Compliance Status required by § 63.152(b) of this subpart.
              [59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2748, Jan. 17, 1997]

              § 63.121
              Storage vessel provisions—alternative means of emission limitation.
              (a) Determination of equivalence to the reduction in emissions achieved by the requirements of § 63.119 (b), (c), or (d) of this subpart will be evaluated according to § 63.102(b) of subpart F of this part.
              (b) The determination of equivalence referred to in paragraph (a) of this section will be based on the application to the Administrator which shall include the information specified in either paragraph (b)(1) or (b)(2) of this section.
              (1) Actual emissions tests that use full-size or scale-model storage vessels that accurately collect and measure all organic HAP emissions from a given control technique, and that accurately simulate wind and account for other emission variables such as temperature and barometric pressure, or
              (2) An engineering analysis that the Administrator determines is an accurate method of determining equivalence.

              § 63.122
              Storage vessel provisions—reporting.
              (a) For each Group 1 storage vessel, the owner or operator shall comply with the requirements of paragraphs (a)(1) through (a)(5) of this section.
              (1) The owner or operator shall submit an Initial Notification as required by § 63.151(b) of this subpart.
              (2) [Reserved]

              (3) The owner or operator shall submit a Notification of Compliance Status as required by § 63.152(b) of this subpart and shall submit as part of the Notification of Compliance Status the information specified in paragraph (c) of this section.
              (4) The owner or operator shall submit Periodic Reports as required by § 63.152(c) of this subpart and shall submit as part of the Periodic Reports the information specified in paragraphs (d), (e), (f), and (g) of this section.
              (5) The owner or operator shall submit, as applicable, other reports as required by § 63.152(d) of this subpart, containing the information specified in paragraph (h) of this section.
              (b) An owner or operator who elects to comply with § 63.119(e) of this subpart by using a closed vent system and a control device other than a flare shall submit, as part of the Monitoring Plan, the information specified in § 63.120(d)(2)(i) of this subpart and the information specified in either § 63.120(d)(2)(ii) of this subpart or § 63.120(d)(2)(iii) of this subpart.
              (c) An owner or operator who elects to comply with § 63.119(e) of this subpart by using a closed vent system and a control device shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in either paragraph (c)(1) or (c)(2) of this section. An owner or operator who elects to comply with § 63.119(f) of this subpart by routing emissions to a process or to a fuel gas system shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in paragraph (c)(3) of this section.
              (1) If a control device other than a flare is used, the owner or operator shall submit the information specified in § 63.120(d)(3)(i) and, if applicable, (d)(3)(ii) of this subpart.
              (2) If a flare is used, the owner or operator shall submit the information specified in § 63.120(e)(2)(i), (e)(2)(ii), and (e)(2)(iii) of this subpart.
              (3) If emissions are routed to a process, the owner or operator shall submit the information specified in § 63.120(f). If emissions are routed to a fuel gas system, the owner or operator shall submit a statement that the emission stream is connected to the fuel gas system and whether the conveyance system is subject to the requirements of § 63.148.
              (d) An owner or operator who elects to comply with § 63.119(b) of this subpart by using a fixed roof and an internal floating roof or with § 63.119(d) of this subpart by using an external floating roof converted to an internal floating roof shall submit, as part of the Periodic Report required under § 63.152(c) of this subpart, the results of each inspection conducted in accordance with § 63.120(a) of this subpart in which a failure is detected in the control equipment.
              (1) For vessels for which annual inspections are required under § 63.120 (a)(2)(i) or (a)(3)(ii) of this subpart, the specifications and requirements listed in paragraphs (d)(1)(i) through (d)(1)(iii) of this section apply.
              (i) A failure is defined as any time in which the internal floating roof is not resting on the surface of the liquid inside the storage vessel and is not resting on the leg supports; or there is liquid on the floating roof; or the seal is detached from the internal floating roof; or there are holes, tears, or other openings in the seal or seal fabric; or there are visible gaps between the seal and the wall of the storage vessel.
              (ii) Except as provided in paragraph (d)(1)(iii) of this section, each Periodic Report shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The Periodic Report shall also describe the nature of and date the repair was made or the date the storage vessel was emptied.
              (iii) If an extension is utilized in accordance with § 63.120(a)(4) of this subpart, the owner or operator shall, in the next Periodic Report, identify the vessel; include the documentation specified in § 63.120(a)(4) of this subpart; and describe the date the storage vessel was emptied and the nature of and date the repair was made.

              (2) For vessels for which inspections are required under § 63.120 (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this subpart, the specifications and requirements listed in paragraphs (d)(2)(i) and (d)(2)(ii) of this section apply.

              (i) A failure is defined as any time in which the internal floating roof has defects; or the primary seal has holes, tears, or other openings in the seal or the seal fabric; or the secondary seal (if one has been installed) has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the liquid surface from the atmosphere; or the slotted membrane has more than 10 percent open area.
              (ii) Each Periodic Report required under § 63.152(c) of this subpart shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The Periodic Report shall also describe the nature of and date the repair was made.
              (e) An owner or operator who elects to comply with § 63.119(c) of this subpart by using an external floating roof shall meet the periodic reporting requirements specified in paragraphs (e)(1), (e)(2), and (e)(3) of this section.
              (1) The owner or operator shall submit, as part of the Periodic Report required under § 63.152(c) of this subpart, documentation of the results of each seal gap measurement made in accordance with § 63.120(b) of this subpart in which the requirements of § 63.120 (b)(3), (b)(4), (b)(5), or (b)(6) of this subpart are not met. This documentation shall include the information specified in paragraphs (e)(1)(i) through (e)(1)(iv) of this section.
              (i) The date of the seal gap measurement.
              (ii) The raw data obtained in the seal gap measurement and the calculations described in § 63.120 (b)(3) and (b)(4) of this subpart.
              (iii) A description of any condition specified in § 63.120 (b)(5) or (b)(6) of this subpart that is not met.
              (iv) A description of the nature of and date the repair was made, or the date the storage vessel was emptied.
              (2) If an extension is utilized in accordance with § 63.120(b)(7)(ii) or (b)(8) of this subpart, the owner or operator shall, in the next Periodic Report, identify the vessel; include the documentation specified in § 63.120(b)(7)(ii) or (b)(8) of this subpart, as applicable; and describe the date the vessel was emptied and the nature of and date the repair was made.
              (3) The owner or operator shall submit, as part of the Periodic Report required under § 63.152(c) of this subpart, documentation of any failures that are identified during visual inspections required by § 63.120(b)(10) of this subpart. This documentation shall meet the specifications and requirements in paragraphs (e)(3)(i) and (e)(3)(ii) of this section.
              (i) A failure is defined as any time in which the external floating roof has defects; or the primary seal has holes, or other openings in the seal or the seal fabric; or the secondary seal has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the liquid surface from the atmosphere; or the slotted membrane has more than 10 percent open area.
              (ii) Each Periodic Report required under § 63.152(c) of this subpart shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The periodic report shall also describe the nature of and date the repair was made.
              (f) An owner or operator who elects to comply with § 63.119(d) of this subpart by using an external floating roof converted to an internal floating roof shall comply with the periodic reporting requirements of paragraph (d) of this section.
              (g) An owner or operator who elects to comply with § 63.119(e) of this subpart by installing a closed vent system and control device shall submit, as part of the next Periodic Report required by § 63.152(c) of this subpart, the information specified in paragraphs (g)(1) through (g)(3) of this section.
              (1) As required by § 63.120(d)(4) and § 63.120(e)(3) of this subpart, the Periodic Report shall include the information specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable.

              (i) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6 months. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.
              (ii) A description of the planned routine maintenance that was performed for the control device during the previous 6 months. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable, due to planned routine maintenance.
              (2) If a control device other than a flare is used, the Periodic Report shall describe each occurrence when the monitored parameters were outside of the parameter ranges documented in the Notification of Compliance Status in accordance with § 63.120(d)(3)(i) of this subpart. The description shall include the information specified in paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
              (i) Identification of the control device for which the measured parameters were outside of the established ranges, and
              (ii) Cause for the measured parameters to be outside of the established ranges.
              (3) If a flare is used, the Periodic Report shall describe each occurrence when the flare does not meet the general control device requirements specified in § 63.11(b) of subpart A of this part and shall include the information specified in paragraphs (g)(3)(i) and (g)(3)(ii) of this section.
              (i) Identification of the flare which does not meet the general requirements specified in § 63.11(b) of subpart A of this part, and
              (ii) Reason the flare did not meet the general requirements specified in § 63.11(b) of subpart A of this part.
              (h) An owner or operator who elects to comply with § 63.119 (b), (c), or (d) of this subpart shall submit, as applicable, the reports specified in paragraphs (h)(1) and (h)(2) of this section.
              (1) In order to afford the Administrator the opportunity to have an observer present, the owner or operator shall notify the Administrator of the refilling of a storage vessel that has been emptied and degassed.
              (i) If the storage vessel is equipped with an internal floating roof as specified in § 63.119(b) of this subpart, the notification shall meet the requirements of either § 63.120 (a)(5) or (a)(6) of this subpart, as applicable.
              (ii) If the storage vessel is equipped with an external floating roof as specified in § 63.119(c) of this subpart, the notification shall meet the requirements of either § 63.120 (b)(10)(ii) or (b)(10)(iii) of this subpart, as applicable.
              (iii) If the storage vessel is equipped with an external floating roof converted into an internal floating roof as specified in § 63.119(d) of this subpart, the notification shall meet the requirements of either § 63.120 (a)(5) or (a)(6) of this subpart, as applicable.
              (2) In order to afford the Administrator the opportunity to have an observer present, the owner or operator of a storage vessel equipped with an external floating roof as specified in § 63.119(c) of this subpart shall notify the Administrator of any seal gap measurements. This notification shall meet the requirements of § 63.120(b)(9) of this subpart.
              [59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2748, Jan. 17, 1997]

              § 63.123
              Storage vessel provisions—recordkeeping.
              (a) Each owner or operator of a Group 1 or Group 2 storage vessel shall keep readily accessible records showing the dimensions of the storage vessel and an analysis showing the capacity of the storage vessel. This record shall be kept as long as the storage vessel retains Group 1 or Group 2 status and is in operation. For each Group 2 storage vessel, the owner or operator is not required to comply with any other provisions of §§ 63.119 through 63.123 of this subpart other than those required by this paragraph unless such vessel is part of an emissions average as described in § 63.150 of this subpart.
              (b) [Reserved]

              (c) An owner or operator who elects to comply with § 63.119(b) of this subpart shall keep a record that each inspection required by § 63.120(a) of this subpart was performed.

              (d) An owner or operator who elects to comply with § 63.119(c) of this subpart shall keep records describing the results of each seal gap measurement made in accordance with § 63.120(b) of this subpart. The records shall include the date of the measurement, the raw data obtained in the measurement, and the calculations described in § 63.120(b) (3) and (4) of this subpart.
              (e) An owner or operator who elects to comply with § 63.119(d) of this subpart shall keep a record that each inspection required by § 63.120 (a) and (c) of this subpart was performed.
              (f) An owner or operator who elects to comply with § 63.119(e) of this subpart shall keep in a readily accessible location the records specified in paragraphs (f)(1) and (f)(2) of this section.
              (1) A record of the measured values of the parameters monitored in accordance with § 63.120(d)(5) of this subpart.
              (2) A record of the planned routine maintenance performed on the control device including the duration of each time the control device does not meet the specifications of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable, due to the planned routine maintenance. Such a record shall include the information specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this section.
              (i) The first time of day and date the requirements of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable, were not met at the beginning of the planned routine maintenance, and
              (ii) The first time of day and date the requirements of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable, were met at the conclusion of the planned routine maintenance.
              (g) An owner or operator who elects to utilize an extension in emptying a storage vessel in accordance with § 63.120 (a)(4), (b)(7)(ii), or (b)(8) of this subpart shall keep in a readily accessible location, the documentation specified in § 63.120 (a)(4), (b)(7)(ii), or (b)(8), as applicable.
              (h) An owner or operator who uses the by-pass provisions of § 63.119(f)(3) of this subpart shall keep in a readily accessible location the records specified in paragraphs (h)(1) through (h)(3) of this section.
              (1) The reason it was necessary to by-pass the process equipment or fuel gas system;
              (2) The duration of the period when the process equipment or fuel gas system was by-passed;
              (3) Documentation or certification of compliance with the applicable provisions of § 63.119(f)(3)(i) through § 63.119(f)(3)(iii).
              (i) An owner or operator who elects to comply with § 63.119(g) shall keep the records specified in paragraphs (i)(1) through (3) of this section.
              (1) A record of the U.S. Department of Transportation certification required by § 63.119(g)(2).
              (2) A record of the pressure relief vent setting specified in § 63.119(g)(5).
              (3) If complying with § 63.119(g)(6)(ii), keep the records specified in paragraphs (i)(3)(i) and (ii) of this section.
              (i) A record of the equipment to be used and the procedures to be followed when reloading the railcar, tank truck, or barge and displacing vapors to the storage tank from which the liquid originates.
              (ii) A record of each time the vapor balancing system is used to comply with § 63.119(g)(6)(ii).
              [59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2748, Jan. 17, 1997; 69 FR 76863, Dec. 23, 2004]

              §§ 63.124-63.125
              [Reserved]

              § 63.126
              Transfer operations provisions—reference control technology.
              (a) For each Group 1 transfer rack the owner or operator shall equip each transfer rack with a vapor collection system and control device.
              (1) Each vapor collection system shall be designed and operated to collect the organic hazardous air pollutants vapors displaced from tank trucks or railcars during loading, and to route the collected hazardous air pollutants vapors to a process, or to a fuel gas system, or to a control device as provided in paragraph (b) of this section.

              (2) Each vapor collection system shall be designed and operated such that organic HAP vapors collected at one loading arm will not pass through another loading arm in the rack to the atmosphere.

              (3) Whenever organic hazardous air pollutants emissions are vented to a process, fuel gas system, or control device used to comply with the provisions of this subpart, the process, fuel gas system, or control device shall be operating.
              (b) For each Group 1 transfer rack the owner or operator shall comply with paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section.
              (1) Use a control device to reduce emissions of total organic hazardous air pollutants by 98 weight-percent or to an exit concentration of 20 parts per million by volume, whichever is less stringent. For combustion devices, the emission reduction or concentration shall be calculated on a dry basis, corrected to 3-percent oxygen. If a boiler or process heater is used to comply with the percent reduction requirement, then the vent stream shall be introduced into the flame zone of such a device. Compliance may be achieved by using any combination of combustion, recovery, and/or recapture devices.
              (2) Reduce emissions of organic HAP's using a flare.
              (i) The flare shall comply with the requirements of § 63.11(b) of subpart A of this part.
              (ii) Halogenated vent streams, as defined in § 63.111 of this subpart, shall not be vented to a flare.
              (3) Reduce emissions of organic hazardous air pollutants using a vapor balancing system designed and operated to collect organic hazardous air pollutants vapors displaced from tank trucks or railcars during loading; and to route the collected hazardous air pollutants vapors to the storage vessel from which the liquid being loaded originated, or to another storage vessel connected to a common header, or to compress and route to a process collected hazardous air pollutants vapors.
              (4) Route emissions of organic hazardous air pollutants to a fuel gas system or to a process where the organic hazardous air pollutants in the emissions shall predominantly meet one of, or a combination of, the ends specified in paragraphs (b)(4)(i) through (b)(4)(iv) of this section.
              (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process;
              (ii) Transformed by chemical reaction into materials that are not organic hazardous air pollutants;
              (iii) Incorporated into a product; and/or
              (iv) Recovered.
              (c) For each Group 2 transfer rack, the owner or operator shall maintain records as required in § 63.130(f). No other provisions for transfer racks apply to the Group 2 transfer rack.
              (d) Halogenated emission streams from Group 1 transfer racks that are combusted shall be controlled according to paragraph (d)(1) or (d)(2) of this section. Determination of whether a vent stream is halogenated shall be made using procedures in (d)(3).
              (1) If a combustion device is used to comply with paragraph (b)(1) of this section for a halogenated vent stream, then the vent stream exiting the combustion device shall be ducted to a halogen reduction device, including, but not limited to, a scrubber before it is discharged to the atmosphere.
              (i) Except as provided in paragraph (d)(1)(ii) of this section, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens, as defined in § 63.111 of this subpart, by 99 percent or shall reduce the outlet mass emission rate of total hydrogen halides and halogens to 0.45 kilograms per hour or less, whichever is less stringent.
              (ii) If a scrubber or other halogen reduction device was installed prior to December 31, 1992, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens, as defined in § 63.111 of this subpart, by 95 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilograms per hour, whichever is less stringent.
              (2) A halogen reduction device, such as a scrubber, or other technique may be used to make the vent stream non-halogenated by reducing the vent stream halogen atom mass emission rate to less than 0.45 kilograms per hour prior to any combustion control device used to comply with the requirements of paragraphs (b)(1) or (b)(2) of this section.

              (3) In order to determine whether a vent stream is halogenated, the mass emission rate of halogen atoms contained in organic compounds shall be calculated.
              (i) The vent stream concentration of each organic compound containing halogen atoms (parts per million by volume by compound) shall be determined based on the following procedures:
              (A) Process knowledge that no halogen or hydrogen halides are present in the process, or
              (B) Applicable engineering assessment as specified in § 63.115(d)(1)(iii) of this subpart, or
              (C) Concentration of organic compounds containing halogens measured by Method 18 of 40 CFR part 60, appendix A, or
              (D) Any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part.
              (ii) The following equation shall be used to calculate the mass emission rate of halogen atoms:

                ER22AP94.211

                where:

                E = Mass of halogen atoms, dry basis, kilograms per hour.
                K2 = Constant, 2.494 × 10−6 (parts per million)−1 (kilogram-mole per standard cubic meter) (minute/hour), where standard temperature is 20 °C.
                Cj = Concentration of halogenated compound j in the gas stream, dry basis, parts per million by volume.
                Mji = Molecular weight of halogen atom i in compound j of the gas stream, kilogram per kilogram-mole.
                Lji = Number of atoms of halogen i in compound j of the gas stream.
                Vs = Flow rate of gas stream, dry standard cubic meters per minute, determined according to § 63.128(a)(8) of this subpart.
                j = Halogenated compound j in the gas stream.
                i = Halogen atom i in compound j of the gas stream.
                n = Number of halogenated compounds j in the gas stream.
                m = Number of different halogens i in each compound j of the gas stream.

              (e) For each Group 1 transfer rack the owner or operator shall load organic HAP's into only tank trucks and railcars which:
              (1) Have a current certification in accordance with the U. S. Department of Transportation pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars; or
              (2) Have been demonstrated to be vapor-tight within the preceding 12 months, as determined by the procedures in § 63.128(f) of this subpart. Vapor-tight means that the truck or railcar tank will sustain a pressure change of not more than 750 pascals within 5 minutes after it is pressurized to a minimum of 4,500 pascals.
              (f) The owner or operator of a transfer rack subject to the provisions of this subpart shall load organic HAP's to only tank trucks or railcars equipped with vapor collection equipment that is compatible with the transfer rack's vapor collection system.
              (g) The owner or operator of a transfer rack subject to this subpart shall load organic HAP's to only tank trucks or railcars whose collection systems are connected to the transfer rack's vapor collection systems.
              (h) The owner or operator of a transfer rack subject to the provisions of this subpart shall ensure that no pressure-relief device in the transfer rack's vapor collection system or in the organic hazardous air pollutants loading equipment of each tank truck or railcar shall begin to open during loading. Pressure relief devices needed for safety purposes are not subject to this paragraph.
              (i) Each valve in the vent system that would divert the vent stream to the atmosphere, either directly or indirectly, shall be secured in a non-diverting position using a carseal or a lock-and-key type configuration, or shall be equipped with a flow indicator. Equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief devices needed for safety purposes is not subject to this paragraph.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997]

              § 63.127
              Transfer operations provisions—monitoring requirements.

              (a) Each owner or operator of a Group 1 transfer rack equipped with a combustion device used to comply with the 98 percent total organic hazardous air pollutants reduction or 20 parts per million by volume outlet concentration requirements in § 63.126(b)(1) of this subpart shall install, calibrate, maintain, and operate according to the manufacturers' specifications (or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately) the monitoring equipment specified in paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section, as appropriate.
              (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required.
              (i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs.
              (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed.
              (2) Where a flare is used, a device (including but not limited to a thermocouple, infrared sensor, or an ultra-violet beam sensor) capable of continuously detecting the presence of a pilot flame is required.
              (3) Where a boiler or process heater with a design heat input capacity less than 44 megawatts is used, a temperature monitoring device in the firebox equipped with a continuous recorder is required. Any boiler or process heater in which all vent streams are introduced with the primary fuel or are used as the primary fuel is exempt from this requirement.
              (4) Where a scrubber is used with an incinerator, boiler, or process heater in the case of halogenated vent streams, the following monitoring equipment is required for the scrubber:
              (i) A pH monitoring device equipped with a continuous recorder shall be installed to monitor the pH of the scrubber effluent.
              (ii) A flow meter equipped with a continuous recorder shall be located at the scrubber influent for liquid flow. Gas stream flow shall be determined using one of the procedures specified in paragraphs (a)(4)(ii)(A) through (a)(4)(ii)(C) of this section.
              (A) The owner or operator may determine gas stream flow using the design blower capacity, with appropriate adjustments for pressure drop.
              (B) If the scrubber is subject to regulations in 40 CFR parts 264 through 266 that have required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for this subpart specified in § 63.100(k) of subpart F of this part, the owner or operator may determine gas stream flow by the method that had been utilized to comply with those regulations. A determination that was conducted prior to the compliance date for this subpart may be utilized to comply with this subpart if it is still representative.
              (C) The owner or operator may prepare and implement a gas stream flow determination plan that documents an appropriate method which will be used to determine the gas stream flow. The plan shall require determination of gas stream flow by a method which will at least provide a value for either a representative or the highest gas stream flow anticipated in the scrubber during representative operating conditions other than start-ups, shutdowns, or malfunctions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas stream flow, and a description of the records that will be maintained to document the determination of gas stream flow. The owner or operator shall maintain the plan as specified in § 63.103(c).

              (b) Each owner or operator of a Group 1 transfer rack that uses a recovery device or recapture device to comply with the 98-percent organic hazardous air pollutants reduction or 20 parts per million by volume hazardous air pollutants concentration requirements in § 63.126(b)(1) of this subpart shall install either an organic monitoring device equipped with a continuous recorder, or the monitoring equipment specified in paragraph (b)(1), (b)(2), or (b)(3) of this section, depending on the type of recovery device or recapture device used. All monitoring equipment shall be installed, calibrated, and maintained according to the manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately.
              (1) Where an absorber is used, a scrubbing liquid temperature monitoring device equipped with a continuous recorder shall be used; and a specific gravity monitoring device equipped with a continuous recorder shall be used.
              (2) Where a condenser is used, a condenser exit (product side) temperature monitoring device equipped with a continuous recorder shall be used.
              (3) Where a carbon adsorber is used, an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent or better, capable of recording the total regeneration stream mass flow for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the temperature of the carbon bed after regeneration and within 15 minutes of completing any cooling cycle shall be used.
              (c) An owner or operator of a Group 1 transfer rack may request approval to monitor parameters other than those listed in paragraph (a) or (b) of this section. The request shall be submitted according to the procedures specified in § 63.151(f) or § 63.152(e) of this subpart. Approval shall be requested if the owner or operator:
              (1) Seeks to demonstrate compliance with the standards specified in § 63.126(b) of this subpart with a control device other than an incinerator, boiler, process heater, flare, absorber, condenser, or carbon adsorber; or
              (2) Uses one of the control devices listed in paragraphs (a) and (b) of this section, but seeks to monitor a parameter other than those specified in paragraphs (a) and (b) of this subpart.
              (d) The owner or operator of a Group 1 transfer rack using a vent system that contains by-pass lines that could divert a vent stream flow away from the control device used to comply with § 63.126(b) of this subpart shall comply with paragraph (d)(1) or (d)(2) of this section. Equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph.
              (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.130(b) of this subpart. The flow indicator shall be installed at the entrance to any by-pass line that could divert the vent stream away from the control device to the atmosphere; or
              (2) Secure the by-pass line valve in the closed position with a car-seal or a lock-and-key type configuration.
              (i) A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the by-pass line.
              (ii) If a car-seal has been broken or a valve position changed, the owner or operator shall record that the vent stream has been diverted. The car-seal or lock-and-key combination shall be returned to the secured position as soon as practicable but not later than 15 calendar days after the change in position is detected.
              (e) The owner or operator shall establish a range that indicates proper operation of the control device for each parameter monitored under paragraphs (a), (b), and (c) of this section. In order to establish the range, the information required in § 63.152(b)(2) of this subpart shall be submitted in the Notification of Compliance Status or the operating permit application or amendment.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997]

              § 63.128
              Transfer operations provisions—test methods and procedures.
              (a) A performance test is required for determining compliance with the reduction of total organic HAP emissions in § 63.126(b) of this subpart for all control devices except as specified in paragraph (c) of this section. Performance test procedures are as follows:

              (1) For control devices shared between transfer racks and process vents, the performance test procedures in § 63.116(c) of this subpart shall be followed.

              (2) A performance test shall consist of three runs.
              (3) All testing equipment shall be prepared and installed as specified in the appropriate test methods.
              (4) For control devices shared between multiple arms that load simultaneously, the minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of 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.
              (5) For control devices that are capable of continuous vapor processing but do not meet the conditions in (a)(7)(i)(B) of this section.
              (A) Sampling sites shall be located at the inlet and outlet of the control device, except as provided in paragraph (a)(7)(i)(B) of this section.
              (B) If a vent stream is introduced with the combustion air or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, selection of paragraph (a)(1) or (a)(4) of this section, each run shall represent at least one complete filling period, during which liquid organic HAP's are loaded, and samples shall be collected using integrated sampling or grab samples taken at least four times per hour at approximately equal intervals of time, such as 15-minute intervals.
              (6) For intermittent vapor processing systems that do not meet the conditions in paragraph (a)(1) or (a)(4) of this section, each run shall represent at least one complete control device cycle, and samples shall be collected using integrated sampling or grab samples taken at least four times per hour at approximately equal intervals of time, such as 15-minute intervals.
              (7) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of sampling sites.
              (i) For an owner or operator complying with the 98-percent total organic HAP reduction requirements in § 63.126(b)(1) of this subpart, sampling sites shall be located as specified in paragraph (a)(7)(i)(A) or (a)(7)(i)(B) of this section.
              (A) Sampling sites shall be located at the inlet and outlet of the control device, except as provided in paragraph (a)(7)(i)(B) of this section.
              (B) If a vent stream is introduced with the combustion air or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, selection of the location of the inlet sampling sites shall ensure the measurement of total organic HAP or TOC (minus methane and ethane) concentrations in all vent streams and primary and secondary fuels introduced into the boiler or process heater. A sampling site shall also be located at the outlet of the boiler or process heater.
              (ii) For an owner or operator complying with the 20 parts per million by volume limit in § 63.126(b)(1) of this subpart, the sampling site shall be located at the outlet of the control device.
              (8) The volumetric flow rate, in standard cubic meters per minute at 20 °C, shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A as appropriate.
              (9) For the purpose of determining compliance with the 20 parts per million by volume limit in § 63.126(b)(1), Method 18 or Method 25A of 40 CFR part 60, appendix A shall be used to measure either organic compound concentration or organic HAP concentration, except as provided in paragraph (a)(11) of this section.

              (i) If Method 25A of 40 CFR part 60, appendix A is used, the following procedures shall be used to calculate the concentration of organic compounds (CT):
              (A) The principal organic HAP in the vent stream shall be used as the calibration gas.
              (B) The span value for Method 25A of 40 CFR part 60, appendix A shall be between 1.5 and 2.5 times the concentration being measured.
              (C) 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) The concentration of TOC shall be corrected to 3 percent oxygen using the procedures and equation in paragraph (a)(9)(v) of this section.

              (ii) If Method 18 of 40 CFR part 60, appendix A is used to measure the concentration of organic compounds, the organic compound concentration (CT) is the sum of the individual components and shall be computed for each run using the following equation:

                ER22AP94.212

                where:

                CT = Total concentration of organic compounds (minus methane and ethane), dry basis, parts per million by volume.
                Cj = Concentration of sample components j, dry basis, parts per million by volume.
                n = Number of components in the sample.

              (iii) If an owner or operator uses Method 18 of 40 CFR part 60, appendix A to compute total organic HAP concentration rather than organic compounds concentration, the equation in paragraph (a)(9)(ii) of this section shall be used except that only organic HAP species shall be summed. The list of organic HAP's is provided in table 2 of subpart F of this part.
              (iv) The emission rate correction factor or excess air, integrated sampling and analysis procedures of Method 3B of 40 CFR part 60, appendix A shall be used to determine the oxygen concentration. The sampling site shall be the same as that of the organic hazardous air pollutants or organic compound samples, and the samples shall be taken during the same time that the organic hazardous air pollutants or organic compound samples are taken.

              (v) The organic compound concentration corrected to 3 percent oxygen (Cc) shall be calculated using the following equation:

                ER22AP94.213

                where:

                Cc = Concentration of organic compounds corrected to 3 percent oxygen, dry basis, parts per million by volume.
                CT = Total concentration of organic compounds, dry basis, parts per million by volume.
                %O2d = Concentration of oxygen, dry basis, percent by volume.

              (10) For the purpose of determining compliance with the 98-percent reduction requirement in § 63.126(b)(1) of this subpart, Method 18 or Method 25A of 40 CFR part 60, appendix A shall be used, except as provided in paragraph (a)(11) of this section.
              (i) For the purpose of determining compliance with the reduction efficiency requirement, organic compound concentration may be measured in lieu of organic HAP concentration.

              (ii) If Method 25A of 40 CFR part 60, appendix A is used to measure the concentration of organic compounds (CT), the principal organic HAP in the vent stream shall be used as the calibration gas.
              (A) An emission testing interval shall consist of each 15-minute period during the performance test. For each interval, a reading from each measurement shall be recorded.
              (B) The average organic compound concentration and the volume measurement shall correspond to the same emissions testing interval.

              (C) The mass at the inlet and outlet of the control device during each testing interval shall be calculated as follows:

                   Mj = FKVs CT

                where:

                Mj = Mass of organic compounds emitted during testing interval j, kilograms.
                Vs = Volume of air-vapor mixture exhausted at standard conditions, 20 °C and 760 millimeters mercury, standard cubic meters.
                CT = Total concentration of organic compounds (as measured) at the exhaust vent, parts per million by volume, dry basis.

                K = Density, kilograms per standard cubic meter organic HAP. 659 kilograms per standard cubic meter organic HAP. (Note: The density term cancels out when the percent reduction is calculated. Therefore, the density used has no effect. The density of hexane is given so that it can be used to maintain the units of Mj.)
                F = 10−6 = Conversion factor, (cubic meters organic HAP per cubic meters air) * (parts per million by volume)−1.

              (D) The organic compound mass emission rates at the inlet and outlet of the control device shall be calculated as follows:

                ER22AP94.214

                ER22AP94.215

                where:

                Ei, Eo = Mass flow rate of organic compounds at the inlet (i) and outlet (o) of the combustion or recovery device, kilograms per hour.
                Mij, Moj = Mass of organic compounds at the inlet (i) or outlet (o) during testing interval j, kilograms.
                T = Total time of all testing intervals, hours.
                n = Number of testing intervals.

              (iii) If Method 18 of 40 CFR part 60, appendix A is used to measure organic compounds, the mass rates of organic compounds (Ei, Eo) shall be computed using the following equations:

                ER22AP94.216

                ER22AP94.217

                where:

                Cij, Coj = Concentration of sample component j of the gas stream at the inlet and outlet of the control device, respectively, dry basis, parts per million by volume.
                MWij, MWoj = Molecular weight of sample component j of the gas stream at the inlet and outlet of the control device, respectively, gram/gram-mole.
                Qi, Qo = Flow rate of gas stream at the inlet and outlet of the control device, respectively, dry standard cubic meter per minute.
                K2 = Constant, 2.494 × 10−6 (parts per million)−1 (gram-mole per standard cubic meter) (kilogram/gram) (minute/hour), where standard temperature for (gram-mole per standard cubic meter) is 20 °C.

              (iv) Where Method 18 or 25A of 40 CFR part 60, appendix A is used to measure the percent reduction in organic compounds, the percent reduction across the control device shall be calculated as follows:

                ER22AP94.218

                where:

                R = Control efficiency of control device, percent.
                Ei = Mass emitted or mass flow rate of organic compounds at the inlet to the combustion or recovery device as calculated under paragraph (a)(10)(ii)(D) or (a)(10)(iii) of this section, kilogram per hour.
                Eo = Mass emitted or mass flow rate of organic compounds at the outlet of the combustion or recovery device, as calculated under paragraph (a)(10)(ii)(D) or (a)(10)(iii) of this section, kilogram per hour.

              (11) The owner or operator may use any methods or data other than Method 18 or Method 25A of 40 CFR part 60, appendix A, if the method or data has been validated according to Method 301 of appendix A of this part.
              (b) When a flare is used to comply with § 63.126(b)(2), the owner or operator shall comply with paragraphs (b)(1) through (3) of this section. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration.
              (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4). The observation period shall be as specified in paragraph (b)(1)(i) or (ii) of this section instead of the 2-hour period specified in § 63.11(b)(4).
              (i) If the loading cycle is less than 2 hours, then the observation period for that run shall be for the entire loading cycle.
              (ii) If additional loading cycles are initiated within the 2-hour period, then visible emission observations shall be conducted for the additional cycles.
              (2) Determine the net heating value of the gas being combusted, using the techniques specified in § 63.11(b)(6).
              (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate.

              (c) An owner or operator is not required to conduct a performance test when any of the conditions specified in paragraphs (c)(1) through (c)(7) of this section are met.
              (1) When a boiler or process heater with a design heat input capacity of 44 megawatts or greater is used.
              (2) When a boiler or process heater burning hazardous waste is used for which the owner or operator:
              (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H, or
              (ii) Has certified compliance with the interim status requirements of 40 CFR part 266 subpart H.
              (3) When emissions are routed to a fuel gas system or when a boiler or process heater is used and the vent stream is introduced with the primary fuel.
              (4) When a vapor balancing system is used.
              (5) When emissions are recycled to a chemical manufacturing process unit.
              (6) When a transfer rack transfers less than 11.8 million liters per year and the owner or operator complies with the requirements in paragraph (h) of this section or uses a flare to comply with § 63.126(b)(2) of this subpart.
              (7) When a hazardous waste incinerator is used for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements 40 CFR part 265, subpart O.
              (d) An owner or operator using a combustion device followed by a scrubber or other halogen reduction device to control a halogenated transfer vent stream in compliance with § 63.126(d) of this subpart shall conduct a performance test to determine compliance with the control efficiency or emission limits for hydrogen halides and halogens.
              (1) For an owner or operator determining compliance with the percent reduction of total hydrogen halides and halogens, sampling sites shall be located at the inlet and outlet of the scrubber or other halogen reduction device used to reduce halogen emissions. For an owner or operator complying with the 0.45 kilogram per hour outlet mass emission rate limit for total hydrogen halides and halogens, the sampling site shall be located at the outlet of the scrubber or other halogen reduction device and prior to release to the atmosphere.
              (2) Except as provided in paragraph (d)(5) of this section, Method 26 or 26A of 40 CFR part 60, appendix A, shall be used to determine the concentration in milligrams per dry standard cubic meter of the hydrogen halides and halogens that may be present in the stream. The mass emission rate of each hydrogen halide and halogen compound shall be calculated from the concentrations and the gas stream flow rate.
              (3) To determine compliance with the percent emissions reduction limit, the mass emission rate for any hydrogen halides and halogens present at the scrubber inlet shall be summed together. The mass emission rate of the compounds present at the scrubber outlet shall be summed together. Percent reduction shall be determined by comparison of the summed inlet and outlet measurements.
              (4) To demonstrate compliance with the 0.45 kilograms per hour mass emission rate limit, the test results must show that the mass emission rate of the total hydrogen halides and halogens measured at the scrubber outlet is below 0.45 kilograms per hour.
              (5) The owner or operator may use any other method or data to demonstrate compliance if the method or data has been validated according to the protocol of Method 301 of appendix A of this part.
              (e) The owner or operator shall inspect the vapor collection system and vapor balancing system, according to the requirements for vapor collection systems in § 63.148 of this subpart.
              (1) Inspections shall be performed only while a tank truck or railcar is being loaded.
              (2) For vapor collection systems only, an inspection shall be performed prior to each performance test required to demonstrate compliance with § 63.126(b)(1) of this subpart.

              (3) For each vapor collection system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart.

              (f) For the purposes of demonstrating vapor tightness to determine compliance with § 63.126(e)(2) of this subpart, the following procedures and equipment shall be used:
              (1) The pressure test procedures specified in Method 27 of 40 CFR part 60, appendix A; and
              (2) A pressure measurement device which has a precision of #1B2.5 millimeters of mercury or better and which is capable of measuring above the pressure at which the tank truck or railcar is to be tested for vapor tightness.
              (g) An owner or operator using a scrubber or other halogen reduction device to reduce the vent stream halogen atom mass emission rate to less than 0.45 kilograms per hour prior to a combustion device used to comply with § 63.126(d)(2) shall determine the halogen atom mass emission rate prior to the combustor according to the procedures in paragraph (d)(3) of this section.
              (h) For transfer racks that transfer less than 11.8 million liters per year of liquid organic HAP's, the owner or operator may comply with the requirements in paragraphs (h)(1) through (h)(3) of this section instead of the requirements in paragraph (a) or (b) of this section.
              (1) The owner or operator shall prepare, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, a design evaluation that shall document that the control device being used achieves the required control efficiency during reasonably expected maximum loading conditions. This documentation is to include a description of the gas stream which enters the control device, including flow and organic HAP content, and the information specified in paragraphs (h)(1)(i) through (h)(1)(v) of this section, as applicable.
              (i) If the control device receives vapors, gases, or liquids, other than fuels, from emission points other than transfer racks subject to this subpart, the efficiency demonstration is to include consideration of all vapors, gases, and liquids, other than fuels, received by the control device.
              (ii) If an enclosed combustion device with a minimum residence time of 0.5 seconds and a minimum temperature of 760 degrees Celsius is used to meet the 98-percent emission reduction requirement, documentation that those conditions exist is sufficient to meet the requirements of paragraph (h)(1) of this section.
              (iii) Except as provided in paragraph (h)(1)(ii) of this section, for thermal incinerators, the design evaluation shall include the autoignition temperature of the organic HAP, the flow rate of the organic HAP emission stream, the combustion temperature, and the residence time at the combustion temperature.
              (iv) For carbon adsorbers, the design evaluation shall include the affinity of the organic HAP vapors for carbon, the amount of carbon in each bed, the number of beds, the humidity of the feed gases, the temperature of the feed gases, the flow rate of the organic HAP emission stream, the desorption schedule, the regeneration stream pressure or temperature, and the flow rate of the regeneration stream. For vacuum desorption, pressure drop shall be included.
              (v) For condensers, the design evaluation shall include the final temperature of the organic HAP vapors, the type of condenser, and the design flow rate of the organic HAP emission stream.
              (2) The owner or operator shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the operating range for each monitoring parameter identified for each control device. The specified operating range shall represent the conditions for which the control device can achieve the 98-percent-or-greater emission reduction required by § 63.126(b)(1) of this subpart.
              (3) The owner or operator shall monitor the parameters specified in the Notification of Compliance Status required in § 63.152(b) of this subpart or operating permit and shall operate and maintain the control device such that the monitored parameters remain within the ranges specified in the Notification of Compliance Status, except as provided in §§ 63.152(c) and 63.152(f) of this subpart.
              [59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2750, Jan. 17, 1997; 66 FR 6932, Jan. 22, 2001]

              § 63.129
              Transfer operations provisions—reporting and recordkeeping for performance tests and notification of compliance status.
              (a) Each owner or operator of a Group 1 transfer rack shall:
              (1) Keep an up-to-date, readily accessible record of the data specified in paragraphs (a)(4) through (a)(8) of this section, as applicable.
              (2) Include the data specified in paragraphs (a)(4) through (a)(7) of this section in the Notification of Compliance Status report as specified in § 63.152(b) of this subpart.
              (3) If any subsequent performance tests are conducted after the Notification of Compliance Status has been submitted, report the data in paragraphs (a)(4) through (a)(7) of this section in the next Periodic Report as specified in § 63.152(c) of this subpart.
              (4) Record and report the following when using a control device other than a flare to achieve a 98 weight percent reduction in total organic HAP or a total organic HAP concentration of 20 parts per million by volume, as specified in § 63.126(b)(1) of this subpart:
              (i) The parameter monitoring results for thermal incinerators, catalytic incinerators, boilers or process heaters, absorbers, condensers, or carbon adsorbers specified in table 7 of this subpart, recorded during the performance test, and averaged over the time period of the performance testing.
              (ii) The percent reduction of total organic HAP or TOC achieved by the control device determined as specified in § 63.128(a) of this subpart, or the concentration of total organic HAP or TOC (parts per million by volume, by compound) determined as specified in § 63.128(a) of this subpart at the outlet of the control device. For combustion devices, the concentration shall be reported on a dry basis corrected to 3 percent oxygen.
              (iii) The parameters shall be recorded at least every 15 minutes.
              (iv) For a boiler or process heater, a description of the location at which the vent stream is introduced into the boiler or process heater.
              (5) Record and report the following when using a flare to comply with § 63.126(b)(2) of this subpart:
              (i) Flare design (i.e., steam-assisted, air-assisted, or non-assisted);
              (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.128(b) of this subpart; and
              (iii) All periods during the compliance determination when the pilot flame is absent.
              (6) Record and report the following when using a scrubber following a combustion device to control a halogenated vent stream, as specified in § 63.126(d) of this subpart:
              (i) The percent reduction or scrubber outlet mass emission rate of total hydrogen halides and halogens determined according to the procedures in § 63.128(d) of this subpart;
              (ii) The parameter monitoring results for scrubbers specified in table 7 of this subpart, and averaged over the time period of the performance test; and
              (iii) The parameters shall be recorded at least every 15 minutes.
              (7) Record and report the halogen concentration in the vent stream determined according to the procedures as specified in § 63.128(d) of this subpart.
              (8) Report that the emission stream is being routed to a fuel gas system or a process, when complying using § 63.126(b)(4).
              (b) If an owner or operator requests approval to use a control device other than those listed in table 7 of this subpart or to monitor a parameter other than those specified in table 7 of this subpart, the owner or operator shall submit a description of planned reporting and recordkeeping procedures as required under § 63.151(f) or § 63.152(e) of this subpart. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means.

              (c) For each parameter monitored according to table 7 of this subpart or paragraph (b) of this section, the owner or operator shall establish a range for the parameter that indicates proper operation of the control device. In order to establish the range, the information required in § 63.152(b)(2) of this subpart shall be submitted in the Notification of Compliance Status or the operating permit application or amendment.
              (d) Each owner or operator shall maintain a record describing in detail the vent system used to vent each affected transfer vent stream to a control device. This document shall list all valves and vent pipes that could vent the stream to the atmosphere, thereby by-passing the control device; identify which valves are secured by car-seals or lock-and-key type configurations; and indicate the position (open or closed) of those valves which have car-seals. Equipment leaks such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph.
              (e) An owner or operator meeting the requirements of § 63.128(h) of this subpart shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in § 63.128(h)(1) of this subpart.
              (f) An owner or operator meeting the requirements of § 63.128(h) of this subpart shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the operating range for each monitoring parameter identified for each control device.
              [59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2750, Jan. 17, 1997; 64 FR 20191, Apr. 26, 1999]

              § 63.130
              Transfer operations provisions—periodic recordkeeping and reporting.
              (a) Each owner or operator using a control device to comply with § 63.126(b)(1) or (b)(2) of this subpart shall keep the following up-to-date, readily accessible records:
              (1) While the transfer vent stream is being vented to the control device, continuous records of the equipment operating parameters specified to be monitored under § 63.127 of this subpart, and listed in table 7 of this subpart or specified by the Administrator in accordance with §§ 63.127(c) and 63.129(b). For flares, the hourly records and records of pilot flame outages specified in table 7 shall be maintained in place of continuous records.
              (2) Records of the daily average value of each monitored parameter for each operating day determined according to the procedures specified in § 63.152(f), except as provided in paragraphs (a)(2)(i) through (a)(2)(iii) of this section.
              (i) For flares, records of the times and duration of all periods during which the pilot flame is absent shall be kept rather than daily averages.
              (ii) If carbon adsorber regeneration stream flow and carbon bed regeneration temperature are monitored, the records specified in table 7 of this subpart shall be kept instead of the daily averages.
              (iii) Records of the duration of all periods when the vent stream is diverted through by-pass lines shall be kept rather than daily averages.
              (3) For boilers or process heaters, records of any changes in the location at which the vent stream is introduced into the flame zone as required under the reduction of total organic HAP emissions in § 63.126(b)(1) of this subpart.
              (b) If a vapor collection system containing valves that could divert the emission stream away from the control device is used, each owner or operator of a Group 1 transfer rack subject to the provisions of § 63.127(d) of this subpart shall keep up-to-date, readily accessible records of:
              (1) Hourly records of whether the flow indicator specified under § 63.127(d)(1) was operating and whether a diversion was detected at any time during the hour, 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.

              (2) Where a seal mechanism is used to comply with § 63.127(d)(2), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the by-pass 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 broken, as listed in table 7 of this subpart.

              (c) Each owner or operator of a Group 1 transfer rack who uses a flare to comply with § 63.126(b)(2) of this subpart shall keep up-to-date, readily accessible records of the flare pilot flame monitoring specified under § 63.127(a)(2) of this subpart.
              (d) Each owner or operator of a transfer rack subject to the requirements of § 63.126 of this subpart shall submit to the Administrator Periodic Reports of the following information according to the schedule in § 63.152(c) of this subpart:
              (1) Reports of daily average values of monitored parameters for all operating days when the daily average values were outside the range established in the Notification of Compliance Status or operating permit.
              (2) Reports of the duration of periods when monitoring data are not collected for each excursion caused by insufficient monitoring data as defined in § 63.152(c)(2)(ii)(A) of this subpart.
              (3) Reports of the times and durations of all periods recorded under paragraph (b)(1) of this section when the vent stream was diverted from the control device.
              (4) Reports of all times recorded under paragraph (b)(2) of this section when maintenance is performed on car-sealed valves, when the car seal is broken, when the by-pass line valve position is changed, or the key for a lock-and-key type configuration has been checked out.
              (5) Reports of the times and durations of all periods recorded under paragraph (a)(2)(i) of this section in which all pilot flames of a flare were absent.
              (6) Reports of all carbon bed regeneration cycles during which the parameters recorded under paragraph (a)(2)(vi) of this section were outside the ranges established in the Notification of Compliance Status or operating permit.
              (e) The owner or operator of a Group 1 transfer rack shall record that the verification of DOT tank certification or Method 27 testing, required in § 63.126(e) of this subpart, has been performed. Various methods for the record of verification can be used, such as: A check off on a log sheet; a list of DOT serial numbers or Method 27 data; or a position description for gate security, showing that the security guard will not allow any trucks on site that do not have the appropriate documentation.
              (f) Each owner or operator of a Group 1 or Group 2 transfer rack shall record, update annually, and maintain the information specified in paragraphs (f)(1) through (f)(3) of this section in a readily accessible location on site:
              (1) An analysis demonstrating the design and actual annual throughput of the transfer rack;
              (2) An analysis documenting the weight-percent organic HAP's in the liquid loaded. Examples of acceptable documentation include but are not limited to analyses of the material and engineering calculations.
              (3) An analysis documenting the annual rack weighted average HAP partial pressure of the transfer rack.
              (i) For Group 2 transfer racks that are limited to transfer of organic HAP's with partial pressures less than 10.3 kilopascals, documentation is required of the organic HAP's (by compound) that are transferred. The rack weighted average partial pressure does not need to be calculated.
              (ii) For racks transferring one or more organic HAP's with partial pressures greater than 10.3 kilopascals, as well as one or more organic HAP's with partial pressures less than 10.3 kilopascals, a rack weighted partial pressure shall be documented. The rack weighted average HAP partial pressure shall be weighted by the annual throughput of each chemical transferred.
              [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2750, Jan. 17, 1997; 66 FR 6932, Jan. 22, 2001]

              § 63.131
              [Reserved]

              § 63.132
              Process wastewater provisions—general.
              (a) Existing sources. This paragraph specifies the requirements applicable to process wastewater streams located at existing sources. The owner or operator shall comply with the requirements in paragraphs (a)(1) through (a)(3) of this section, no later than the applicable dates specified in § 63.100 of subpart F of this part.

              (1) Determine wastewater streams to be controlled for Table 9 compounds. Determine whether each wastewater stream requires control for Table 9 compounds by complying with the requirements in either paragraph (a)(1)(i) or (a)(1)(ii) of this section, and comply with the requirements in paragraph (a)(1)(iii) of this section.
              (i) Comply with paragraph (c) of this section, determining whether the wastewater stream is Group 1 or Group 2 for Table 9 compounds; or
              (ii) Comply with paragraph (e) of this section, designating the wastewater stream as a Group 1 wastewater stream.
              (iii) Comply with paragraph (f) of this section.
              (2) Requirements for Group 1 wastewater streams. For wastewater streams that are Group 1 for Table 9 compounds, comply with paragraphs (a)(2)(i) through (a)(2)(iv) of this section.
              (i) Comply with the applicable requirements for wastewater tanks, surface impoundments, containers, individual drain systems, and oil/water separators as specified in § 63.133 through § 63.137 of this subpart, except as provided in paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) of this section and § 63.138(a)(3) of this subpart.
              (A) The waste management units may be equipped with pressure relief devices that vent directly to the atmosphere provided the pressure relief device is not used for planned or routine venting of emissions.
              (B) The pressure relief device remains in a closed position at all times except when it is necessary for the pressure relief device to open for the purpose of preventing physical damage or permanent deformation of the waste management unit in accordance with good engineering and safety practices.
              (ii) Comply with the applicable requirements for control of Table 9 compounds as specified in § 63.138 of this subpart. Alternatively, the owner or operator may elect to comply with the treatment provisions specified in § 63.132(g) of this subpart.
              (iii) Comply with the applicable monitoring and inspection requirements specified in § 63.143 of this subpart.
              (iv) Comply with the applicable recordkeeping and reporting requirements specified in §§ 63.146 and 63.147 of this subpart.
              (3) Requirements for Group 2 wastewater streams. For wastewater streams that are Group 2 for table 9 compounds, comply with the applicable recordkeeping and reporting requirements specified in §§ 63.146(b)(1) and 63.147(b)(8).
              (b) New sources. This paragraph specifies the requirements applicable to process wastewater streams located at new sources. The owner or operator shall comply with the requirements in paragraphs (b)(1) through (b)(4) of this section, no later than the applicable dates specified in § 63.100 of subpart F of this part.
              (1) Determine wastewater streams to be controlled for Table 8 compounds. Determine whether each wastewater stream requires control for Table 8 compounds by complying with the requirements in either paragraph (b)(1)(i) or (b)(1)(ii) of this section, and comply with the requirements in paragraph (b)(1)(iii) of this section.
              (i) Comply with paragraph (d) of this section, determining whether the wastewater stream is Group 1 or Group 2 for Table 8 compounds; or
              (ii) Comply with paragraph (e) of this section, designating the wastewater stream as a Group 1 wastewater stream for Table 8 compounds.
              (iii) Comply with paragraph (f) of this section.
              (2) Determine wastewater streams to be controlled for Table 9 compounds. Determine whether each wastewater stream requires control for Table 9 compounds by complying with the requirements in either paragraph (b)(2)(i) or (b)(2)(ii) of this section, and comply with the requirements in paragraph (b)(2)(iii) of this section.
              (i) Comply with paragraph (c) of this section, determining whether the wastewater stream is Group 1 or Group 2 for Table 9 compounds; or
              (ii) Comply with paragraph (e) of this section, designating the wastewater stream as a Group 1 wastewater stream.

              (iii) Comply with paragraph (f) of this section.

              (3) Requirements for Group 1 wastewater streams. For wastewater streams that are Group 1 for Table 8 compounds and/or Table 9 compounds, comply with paragraphs (b)(3)(i) through (b)(3)(iv) of this section.
              (i) Comply with the applicable requirements for wastewater tanks, surface impoundments, containers, individual drain systems, and oil/water separators specified in the requirements of § 63.133 through § 63.137 of this subpart, except as provided in paragraphs (b)(3)(i)(A) and (b)(3)(i)(B) of this section and § 63.138(a)(3) of this subpart.
              (A) The waste management units may be equipped with pressure relief devices that vent directly to the atmosphere provided the pressure relief device is not used for planned or routine venting of emissions.
              (B) The pressure relief device remains in a closed position at all times except when it is necessary for the pressure relief device to open for the purpose of preventing physical damage or permanent deformation of the waste management unit in accordance with good engineering and safety practices.
              (ii) Comply with the applicable requirements for control of Table 8 compounds specified in § 63.138 of this subpart. Alternatively, the owner or operator may elect to comply with the provisions specified in § 63.132(g) of this subpart.
              (iii) Comply with the applicable monitoring and inspection requirements specified in § 63.143 of this subpart.
              (iv) Comply with the applicable recordkeeping and reporting requirements specified in §§ 63.146 and 63.147 of this subpart.
              (4) Requirements for Group 2 wastewater streams. For wastewater streams that are Group 2 for both table 8 and table 9 compounds, comply with the applicable recordkeeping and reporting requirements specified in §§ 63.146(b)(1) and 63.147(b)(8).
              (c) How to determine Group 1 or Group 2 status for Table 9 compounds. This paragraph provides instructions for determining whether a wastewater stream is Group 1 or Group 2 for Table 9 compounds. Total annual average concentration shall be determined according to the procedures specified in § 63.144(b) of this subpart. Annual average flow rate shall be determined according to the procedures specified in § 63.144(c) of this subpart.
              (1) A wastewater stream is a Group 1 wastewater stream for Table 9 compounds if:
              (i) The total annual average concentration of Table 9 compounds is greater than or equal to 10,000 parts per million by weight at any flow rate; or
              (ii) The total annual average concentration of Table 9 compounds is greater than or equal to 1,000 parts per million by weight and the annual average flow rate is greater than or equal to 10 liters per minute.
              (2) A wastewater stream is a Group 2 wastewater stream for Table 9 compounds if it is not a Group 1 wastewater stream for Table 9 compounds by the criteria in paragraph (c)(1) of this section.
              (3) The owner or operator of a Group 2 wastewater shall re-determine group status for each Group 2 stream, as necessary, to determine whether the stream is Group 1 or Group 2 whenever process changes are made that could reasonably be expected to change the stream to a Group 1 stream. Examples of process changes include, but are not limited to, changes in production capacity, production rate, feedstock type, or whenever there is a replacement, removal, or addition of recovery or control equipment. For purposes of this paragraph (c)(3), process changes do not include: Process upsets; unintentional, temporary process changes; and changes that are within the range on which the original determination was based.
              (d) How to determine Group 1 or Group 2 status for Table 8 compounds. This paragraph provides instructions for determining whether a wastewater sream is Group 1 or Group 2 for Table 8 compounds. Annual average concentration for each Table 8 compound shall be determined according to the procedures specified in § 63.144(b) of this subpart. Annual average flow rate shall be determined according to the procedures specified in § 63.144(c) of this subpart.

              (1) A wastewater stream is a Group 1 wastewater stream for Table 8 compounds if the annual average flow rate is 0.02 liter per minute or greater and the annual average concentration of any individual table 8 compound is 10 parts per million by weight or greater.
              (2) A wastewater stream is a Group 2 wastewater stream for Table 8 compounds if the annual average flow rate is less than 0.02 liter per minute or the annual average concentration for each individual Table 8 compound is less than 10 parts per million by weight.
              (3) The owner or operator of a Group 2 wastewater shall re-determine group status for each Group 2 stream, as necessary, to determine whether the stream is Group 1 or Group 2 whenever process changes are made that could reasonably be expected to change the stream to a Group 1 stream. Examples of process changes include, but are not limited to, changes in production capacity, production rate, feedstock type, or whenever there is a replacement, removal, or addition of recovery or control equipment. For purposes of this paragraph (d)(3), process changes do not include: Process upsets; unintentional, temporary process changes; and changes that are within the range on which the original determination was based.
              (e) How to designate a Group 1 wastewater stream. The owner or operator may elect to designate a wastewater stream a Group 1 wastewater stream in order to comply with paragraph (a)(1) or (b)(1) of this section. To designate a wastewater stream or a mixture of wastewater streams a Group 1 wastewater stream, the procedures specified in paragraphs (e)(1) and (e)(2) of this section and § 63.144(a)(2) of this subpart shall be followed.
              (1) From the point of determination for each wastewater stream that is included in the Group 1 designation to the location where the owner or operator elects to designate such wastewater stream(s) as a Group 1 wastewater stream, the owner or operator shall comply with all applicable emission suppression requirements specified in §§ 63.133 through 63.137.
              (2) From the location where the owner or operator designates a wastewater stream or mixture of wastewater streams to be a Group 1 wastewater stream, such Group 1 wastewater stream shall be managed in accordance with all applicable emission suppression requirements specified in §§ 63.133 through 63.137 and with the treatment requirements in § 63.138 of this part.
              (f) Owners or operators of sources subject to this subpart shall not discard liquid or solid organic materials with a concentration of greater than 10,000 parts per million of Table 9 compounds (as determined by analysis of the stream composition, engineering calculations, or process knowledge, according to the provisions of § 63.144(b) of this subpart) from a chemical manufacturing process unit to water or wastewater, unless the receiving stream is managed and treated as a Group 1 wastewater stream. This prohibition does not apply to materials from the activities listed in paragraphs (f)(1) through (f)(4) of this section.
              (1) Equipment leaks;
              (2) Activities included in maintenance or startup/shutdown/malfunction plans;
              (3) Spills; or
              (4) Samples of a size not greater than reasonably necessary for the method of analysis that is used.
              (g) Off-site treatment or on-site treatment not owned or operated by the source. The owner or operator may elect to transfer a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream to an on-site treatment operation not owned or operated by the owner or operator of the source generating the wastewater stream or residual, or to an off-site treatment operation.
              (1) The owner or operator transferring the wastewater stream or residual shall:
              (i) Comply with the provisions specified in §§ 63.133 through 63.137 of this subpart for each waste management unit that receives or manages a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream prior to shipment or transport.

              (ii) Include a notice with the shipment or transport of each Group 1 wastewater stream or residual removed from a Group 1 wastewater stream. The notice shall state that the wastewater stream or residual contains organic hazardous air pollutants that are to be treated in accordance with the provisions of this subpart. When the transport is continuous or ongoing (for example, discharge to a publicly-owned treatment works), the notice shall be submitted to the treatment operator initially and whenever there is a change in the required treatment.
              (2) The owner or operator may not transfer the wastewater stream or residual unless the transferee has submitted to the EPA a written certification that the transferee will manage and treat any Group 1 wastewater stream or residual removed from a Group 1 wastewater stream received from a source subject to the requirements of this subpart in accordance with the requirements of either §§ 63.133 through 63.147, or § 63.102(b) of subpart F, or subpart D of this part if alternative emission limitations have been granted the transferor in accordance with those provisions. The certifying entity may revoke the written certification by sending a written statement to the EPA and the owner or operator giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the regulatory provisions listed in this paragraph. Upon expiration of the notice period, the owner or operator may not transfer the wastewater stream or residual to the treatment operation.
              (3) By providing this written certification to the EPA, the certifying entity accepts responsibility for compliance with the regulatory provisions listed in paragraph (g)(2) of this section with respect to any shipment of wastewater or residual covered by the written certification. Failure to abide by any of those provisions with respect to such shipments may result in enforcement action by the EPA against the certifying entity in accordance with the enforcement provisions applicable to violations of these provisions by owners or operators of sources.
              (4) Written certifications and revocation statements, to the EPA from the transferees of wastewater or residuals shall be signed by the responsible official of the certifying entity, provide the name and address of the certifying entity, and be sent to the appropriate EPA Regional Office at the addresses listed in 40 CFR 63.13. Such written certifications are not transferable by the treater.
              [62 FR 2751, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001; 71 FR 76614, Dec. 21, 2006]

              § 63.133
              Process wastewater provisions—wastewater tanks.
              (a) For each wastewater tank that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of either paragraph (a)(1) or (a)(2) of this section as specified in table 10 of this subpart.
              (1) The owner or operator shall operate and maintain a fixed roof except that if the wastewater tank is used for heating wastewater, or treating by means of an exothermic reaction or the contents of the tank is sparged, the owner or operator shall comply with the requirements specified in paragraph (a)(2) of this section.
              (2) The owner or operator shall comply with the requirements in paragraphs (b) through (h) of this section and shall operate and maintain one of the emission control techniques listed in paragraphs (a)(2)(i) through (a)(2)(iv) of this section.
              (i) A fixed roof and a closed-vent system that routes the organic hazardous air pollutants vapors vented from the wastewater tank to a control device.
              (ii) A fixed roof and an internal floating roof that meets the requirements specified in § 63.119(b) of this subpart;
              (iii) An external floating roof that meets the requirements specified in §§ 63.119(c), 63.120(b)(5), and 63.120(b)(6) of this subpart; or
              (iv) An equivalent means of emission limitation. Determination of equivalence to the reduction in emissions achieved by the requirements of paragraphs (a)(2)(i) through (a)(2)(iii) of this section will be evaluated according to § 63.102(b) of subpart F of this part. The determination will be based on the application to the Administrator which shall include the information specified in either paragraph (a)(2)(iv)(A) or (a)(2)(iv)(B) of this section.

              (A) Actual emissions tests that use full-size or scale-model wastewater tanks that accurately collect and measure all organic hazardous air pollutants emissions from a given control technique, and that accurately simulate wind and account for other emission variables such as temperature and barometric pressure, or
              (B) An engineering evaluation that the Administrator determines is an accurate method of determining equivalence.
              (b) If the owner or operator elects to comply with the requirements of paragraph (a)(2)(i) of this section, the fixed roof shall meet the requirements of paragraph (b)(1) of this section, the control device shall meet the requirements of paragraph (b)(2) of this section, and the closed-vent system shall meet the requirements of paragraph (b)(3) of this section.
              (1) The fixed-roof shall meet the following requirements:
              (i) Except as provided in paragraph (b)(4) of this section, the fixed roof and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart.
              (ii) Each opening shall be maintained in a closed position (e.g., covered by a lid) at all times that the wastewater tank contains a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream except when it is necessary to use the opening for wastewater sampling, removal, or for equipment inspection, maintenance, or repair.
              (2) The control device shall be designed, operated, and inspected in accordance with the requirements of § 63.139 of this subpart.
              (3) Except as provided in paragraph (b)(4) of this section, the closed-vent system shall be inspected in accordance with the requirements of § 63.148 of this subpart.
              (4) For any fixed roof tank and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart.
              (c) If the owner or operator elects to comply with the requirements of paragraph (a)(2)(ii) of this section, the floating roof shall be inspected according to the procedures specified in § 63.120(a)(2) and (a)(3) of this subpart.
              (d) Except as provided in paragraph (e) of this section, if the owner or operator elects to comply with the requirements of paragraph (a)(2)(iii) of this section, seal gaps shall be measured according to the procedures specified in § 63.120(b)(2)(i) through (b)(4) of this subpart and the wastewater tank shall be inspected to determine compliance with § 63.120(b)(5) and (b)(6) of this subpart.
              (e) If the owner or operator determines that it is unsafe to perform the seal gap measurements specified in § 63.120(b)(2)(i) through (b)(4) of this subpart or to inspect the wastewater tank to determine compliance with § 63.120(b)(5) and (b)(6) of this subpart because the floating roof appears to be structurally unsound and poses an imminent or potential danger to inspecting personnel, the owner or operator shall comply with the requirements in either paragraph (e)(1) or (e)(2) of this section.
              (1) The owner or operator shall measure the seal gaps or inspect the wastewater tank within 30 calendar days of the determination that the floating roof is unsafe, or
              (2) The owner or operator shall empty and remove the wastewater tank from service within 45 calendar days of determining that the roof is unsafe. If the wastewater tank cannot be emptied within 45 calendar days, the owner or operator may utilize up to two extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include an explanation of why it was unsafe to perform the inspection or seal gap measurement, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the wastewater tank will be emptied as soon as practical.

              (f) Except as provided in paragraph (e) of this section, each wastewater tank shall be inspected initially, and semi-annually thereafter, for improper work practices in accordance with § 63.143 of this subpart. For wastewater tanks, improper work practice includes, but is not limited to, leaving open any access door or other opening when such door or opening is not in use.
              (g) Except as provided in paragraph (e) of this section, each wastewater tank shall be inspected for control equipment failures as defined in paragraph (g)(1) of this section according to the schedule in paragraphs (g)(2) and (g)(3) of this section.
              (1) Control equipment failures for wastewater tanks include, but are not limited to, the conditions specified in paragraphs (g)(1)(i) through (g)(1)(ix) of this section.
              (i) The floating roof is not resting on either the surface of the liquid or on the leg supports.
              (ii) There is stored liquid on the floating roof.
              (iii) A rim seal is detached from the floating roof.
              (iv) There are holes, tears, cracks or gaps in the rim seal or seal fabric of the floating roof.
              (v) There are visible gaps between the seal of an internal floating roof and the wall of the wastewater tank.
              (vi) There are gaps between the metallic shoe seal or the liquid mounted primary seal of an external floating roof and the wall of the wastewater tank that exceed 212 square centimeters per meter of tank diameter or the width of any portion of any gap between the primary seal and the tank wall exceeds 3.81 centimeters.
              (vii) There are gaps between the secondary seal of an external floating roof and the wall of the wastewater tank that exceed 21.2 square centimeters per meter of tank diameter or the width of any portion of any gap between the secondary seal and the tank wall exceeds 1.27 centimeters.
              (viii) Where a metallic shoe seal is used on an external floating roof, one end of the metallic shoe does not extend into the stored liquid or one end of the metallic shoe does not extend a minimum vertical distance of 61 centimeters above the surface of the stored liquid.
              (ix) A gasket, joint, lid, cover, or door has a crack or gap, or is broken.
              (2) The owner or operator shall inspect for the control equipment failures in paragraphs (g)(1)(i) through (g)(1)(viii) of this section according to the schedule specified in paragraphs (c) and (d) of this section.
              (3) The owner or operator shall inspect for the control equipment failures in paragraph (g)(1)(ix) of this section initially, and semi-annually thereafter.
              (h) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification. If a failure that is detected during inspections required by this section cannot be repaired within 45 calendar days and if the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include a description of the failure, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical.
              [62 FR 2753, Jan. 17, 1997, as amended at 64 FR 20191, Apr. 26, 1999]

              § 63.134
              Process wastewater provisions—surface impoundments.
              (a) For each surface impoundment that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of paragraphs (b), (c), and (d) of this section.
              (b) The owner or operator shall operate and maintain on each surface impoundment either a cover (e.g., air-supported structure or rigid cover) and a closed-vent system that routes the organic hazardous air pollutants vapors vented from the surface impoundment to a control device in accordance with paragraph (b)(1) of this section, or a floating flexible membrane cover as specified in paragraph (b)(2) of this section.
              (1) The cover and all openings shall meet the following requirements:

              (i) Except as provided in paragraph (b)(4) of this section, the cover and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart.
              (ii) Each opening shall be maintained in a closed position (e.g., covered by a lid) at all times that a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream is in the surface impoundment except when it is necessary to use the opening for sampling, removal, or for equipment inspection, maintenance, or repair.
              (iii) The cover shall be used at all times that a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream is in the surface impoundment except during removal of treatment residuals in accordance with 40 CFR 268.4 or closure of the surface impoundment in accordance with 40 CFR 264.228.
              (2) Floating flexible membrane covers shall meet the requirements specified in paragraphs (b)(2)(i) through (b)(2)(vii) of this section.
              (i) The floating flexible cover shall be designed to float on the liquid surface during normal operations, and to form a continuous barrier over the entire surface area of the liquid.
              (ii) The cover shall be fabricated from a synthetic membrane material that is either:
              (A) High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (100 mils); or
              (B) A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in paragraph (b)(2)(ii)(A) of this section, and chemical and physical properties that maintain the material integrity for the intended service life of the material.
              (iii) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings.
              (iv) Except as provided for in paragraph (b)(2)(v) of this section, each opening in the floating membrane cover shall 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 cover opening and the closure device.
              (v) The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal.
              (vi) The closure devices shall be made of suitable materials that will minimize exposure of organic hazardous air pollutants to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered in designing the closure devices shall include: The effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed.
              (vii) Whenever a Group 1 wastewater stream or residual from a Group 1 wastewater stream is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position. Opening of closure devices or removal of the cover is allowed to provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations and/or to remove accumulated sludge or other residues from the bottom of surface impoundment. Openings shall be maintained in accordance with § 63.148 of this subpart.
              (3) The control device shall be designed, operated, and inspected in accordance with § 63.139 of this subpart.
              (4) Except as provided in paragraph (b)(5) of this section, the closed-vent system shall be inspected in accordance with § 63.148 of this subpart.

              (5) For any cover and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart.

              (c) Each surface impoundment shall be inspected initially, and semi-annually thereafter, for improper work practices and control equipment failures in accordance with § 63.143 of this subpart.
              (1) For surface impoundments, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use.
              (2) For surface impoundments, control equipment failure includes, but is not limited to, any time a joint, lid, cover, or door has a crack or gap, or is broken.
              (d) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification.
              [62 FR 2754, Jan. 17, 1997, as amended at 64 FR 20191, Apr. 26, 1999]

              § 63.135
              Process wastewater provisions—containers.
              (a) For each container that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of paragraphs (b) through (f) of this section.
              (b) The owner or operator shall operate and maintain a cover on each container used to handle, transfer, or store a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream in accordance with the following requirements:
              (1) Except as provided in paragraph (d)(4) of this section, if the capacity of the container is greater than 0.42 m3, the cover and all openings (e.g., bungs, hatches, sampling ports, and pressure relief devices) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart.
              (2) If the capacity of the container is less than or equal to 0.42 m3, the owner or operator shall comply with either paragraph (b)(2)(i) or (b)(2)(ii) of this section.
              (i) The container must meet existing Department of Transportation specifications and testing requirements under 49 CFR part 178; or
              (ii) Except as provided in paragraph (d)(4) of this section, the cover and all openings shall be maintained without leaks as specified in § 63.148 of this subpart.
              (3) The cover and all openings shall be maintained in a closed position (e.g., covered by a lid) at all times that a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream is in the container except when it is necessary to use the opening for filling, removal, inspection, sampling, or pressure relief events related to safety considerations.
              (c) For containers with a capacity greater than or equal to 0.42 m3, a submerged fill pipe shall be used when a container is being filled by pumping with a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream.
              (1) The submerged fill pipe outlet shall extend to no more than 6 inches or within two fill pipe diameters of the bottom of the container while the container is being filled.
              (2) The cover shall remain in place and all openings shall be maintained in a closed position except for those openings required for the submerged fill pipe and for venting of the container to prevent physical damage or permanent deformation of the container or cover.
              (d) During treatment of a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, including aeration, thermal or other treatment, in a container, whenever it is necessary for the container to be open, the container shall be located within an enclosure with a closed-vent system that routes the organic hazardous air pollutants vapors vented from the container to a control device.
              (1) Except as provided in paragraph (d)(4) of this section, the enclosure and all openings (e.g., doors, hatches) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart.
              (2) The control device shall be designed, operated, and inspected in accordance with § 63.139 of this subpart.

              (3) Except as provided in paragraph (d)(4) of this section, the closed-vent system shall be inspected in accordance with § 63.148 of this subpart.
              (4) For any enclosure and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart.
              (e) Each container shall be inspected initially, and semi-annually thereafter, for improper work practices and control equipment failures in accordance with § 63.143 of this subpart.
              (1) For containers, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use.
              (2) For containers, control equipment failure includes, but is not limited to, any time a cover or door has a gap or crack, or is broken.
              (f) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 15 calendar days after identification.
              [62 FR 2755, Jan. 17, 1997]

              § 63.136
              Process wastewater provisions—individual drain systems.
              (a) For each individual drain system that receives or manages a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of paragraphs (b), (c), and (d) or with paragraphs (e), (f), and (g) of this section.
              (b) If the owner or operator elects to comply with this paragraph, the owner or operator shall operate and maintain on each opening in the individual drain system a cover and if vented, route the vapors to a process or through a closed vent system to a control device. The owner or operator shall comply with the requirements of paragraphs (b)(1) through (b)(5) of this section.
              (1) The cover and all openings shall meet the following requirements:
              (i) Except as provided in paragraph (b)(4) of this section, the cover and all openings (e.g., access hatches, sampling ports) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart.
              (ii) The cover and all openings shall be maintained in a closed position at all times that a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream is in the drain system except when it is necessary to use the opening for sampling or removal, or for equipment inspection, maintenance, or repair.
              (2) The control device shall be designed, operated, and inspected in accordance with § 63.139 of this subpart.
              (3) Except as provided in paragraph (b)(4) of this section, the closed-vent system shall be inspected in accordance with § 63.148 of this subpart.
              (4) For any cover and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart.
              (5) The individual drain system shall be designed and operated to segregate the vapors within the system from other drain systems and the atmosphere.
              (c) Each individual drain system shall be inspected initially, and semi- annually thereafter, for improper work practices and control equipment failures, in accordance with the inspection requirements specified in table 11 of this subpart.
              (1) For individual drain systems, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use for sampling or removal, or for equipment inspection, maintenance, or repair.
              (2) For individual drain systems, control equipment failure includes, but is not limited to, any time a joint, lid, cover, or door has a gap or crack, or is broken.
              (d) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 15 calendar days after identification.

              (e) If the owner or operator elects to comply with this paragraph, the owner or operator shall comply with the requirements in paragraphs (e)(1) through (e)(3) of this section:
              (1) Each drain shall be equipped with water seal controls or a tightly fitting cap or plug. The owner or operator shall comply with paragraphs (e)(1)(i) and (e)(1)(ii) of this section.
              (i) For each drain equipped with a water seal, the owner or operator shall ensure that the water seal is maintained. For example, a flow-monitoring device indicating positive flow from a main to a branch water line supplying a trap or water being continuously dripped into the trap by a hose could be used to verify flow of water to the trap. Visual observation is also an acceptable alternative.
              (ii) If a water seal is used on a drain receiving a Group 1 wastewater, the owner or operator shall either extend the pipe discharging the wastewater below the liquid surface in the water seal of the receiving drain, or install a flexible shield (or other enclosure which restricts wind motion across the open area between the pipe and the drain) that encloses the space between the pipe discharging the wastewater to the drain receiving the wastewater. (Water seals which are used on hubs receiving Group 2 wastewater for the purpose of eliminating cross ventilation to drains carrying Group 1 wastewater are not required to have a flexible cap or extended subsurface discharging pipe.)
              (2) Each junction box shall be equipped with a tightly fitting solid cover (i.e., no visible gaps, cracks, or holes) which shall be kept in place at all times except during inspection and maintenance. If the junction box is vented, the owner or operator shall comply with the requirements in paragraph (e)(2)(i) or (e)(2)(ii) of this section.
              (i) The junction box shall be vented to a process or through a closed vent system to a control device. The closed vent system shall be inspected in accordance with the requirements of § 63.148 and the control device shall be designed, operated, and inspected in accordance with the requirements of § 63.139.
              (ii) If the junction box is filled and emptied by gravity flow (i.e., there is no pump) or is operated with no more than slight fluctuations in the liquid level, the owner or operator may vent the junction box to the atmosphere provided that the junction box complies with the requirements in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section.
              (A) The vent pipe shall be at least 90 centimeters in length and no greater than 10.2 centimeters in nominal inside diameter.
              (B) Water seals shall be installed and maintained at the wastewater entrance(s) to or exit from the junction box restricting ventilation in the individual drain system and between components in the individual drain system. The owner or operator shall demonstrate (e.g., by visual inspection or smoke test) upon request by the Administrator that the junction box water seal is properly designed and restricts ventilation.
              (3) Each sewer line shall not be open to the atmosphere and shall be covered or enclosed in a manner so as to have no visible gaps or cracks in joints, seals, or other emission interfaces.
              (f) Equipment used to comply with paragraphs (e)(1), (e)(2), or (e)(3) of this section shall be inspected as follows:
              (1) Each drain using a tightly fitting cap or plug shall be visually inspected initially, and semi-annually thereafter, to ensure caps or plugs are in place and that there are no gaps, cracks, or other holes in the cap or plug.
              (2) Each junction box shall be visually inspected initially, and semi-annually thereafter, to ensure that there are no gaps, cracks, or other holes in the cover.
              (3) The unburied portion of each sewer line shall be visually inspected initially, and semi-annually thereafter, for indication of cracks or gaps that could result in air emissions.
              (g) Except as provided in § 63.140 of this subpart, when a gap, hole, or crack is identified in a joint or cover, first efforts at repair shall be made no later than 5 calendar days after identification, and repair shall be completed within 15 calendar days after identification.
              [62 FR 2755, Jan. 17, 1997]

              § 63.137
              Process wastewater provisions—oil-water separators.
              (a) For each oil-water separator that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of paragraphs (c) and (d) of this section and shall operate and maintain one of the following:
              (1) A fixed roof and a closed vent system that routes the organic hazardous air pollutants vapors vented from the oil-water separator to a control device. The fixed roof, closed-vent system, and control device shall meet the requirements specified in paragraph (b) of this section;
              (2) A floating roof meeting the requirements in 40 CFR part 60, subpart QQQ § 60.693-2 (a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For portions of the oil-water separator where it is infeasible to construct and operate a floating roof, such as over the weir mechanism, the owner or operator shall operate and maintain a fixed roof, closed vent system, and control device that meet the requirements specified in paragraph (b) of this section.
              (3) An equivalent means of emission limitation. Determination of equivalence to the reduction in emissions achieved by the requirements of paragraphs (a)(1) and (a)(2) of this section will be evaluated according to § 63.102(b) of subpart F of this part. The determination will be based on the application to the Administrator which shall include the information specified in either paragraph (a)(3)(i) or (a)(3)(ii) of this section.
              (i) Actual emissions tests that use full-size or scale-model oil-water separators that accurately collect and measure all organic hazardous air pollutants emissions from a given control technique, and that accurately simulate wind and account for other emission variables such as temperature and barometric pressure, or
              (ii) An engineering evaluation that the Administrator determines is an accurate method of determining equivalence.
              (b) If the owner or operator elects to comply with the requirements of paragraphs (a)(1) or (a)(2) of this section, the fixed roof shall meet the requirements of paragraph (b)(1) of this section, the control device shall meet the requirements of paragraph (b)(2) of this section, and the closed-vent system shall meet the requirements of paragraph (b)(3) of this section.
              (1) The fixed-roof shall meet the following requirements:
              (i) Except as provided in paragraph (b)(4) of this section, the fixed roof and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart.
              (ii) Each opening shall be maintained in a closed, sealed position (e.g., covered by a lid that is gasketed and latched) at all times that the oil-water separator contains a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream except when it is necessary to use the opening for sampling or removal, or for equipment inspection, maintenance, or repair.
              (2) The control device shall be designed, operated, and inspected in accordance with the requirements of § 63.139 of this subpart.
              (3) Except as provided in paragraph (b)(4) of this section, the closed-vent system shall be inspected in accordance with the requirements of § 63.148 of this subpart.
              (4) For any fixed roof and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements of § 63.148 of this subpart.
              (c) If the owner or operator elects to comply with the requirements of paragraph (a)(2) of this section, seal gaps shall be measured according to the procedures specified in 40 CFR part 60, subpart QQQ § 60.696(d)(1) and the schedule specified in paragraphs (c)(1) and (c)(2) of this section.

              (1) Measurement of primary seal gaps shall be performed within 60 calendar days after installation of the floating roof and introduction of a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream and once every 5 years thereafter.

              (2) Measurement of secondary seal gaps shall be performed within 60 calendar days after installation of the floating roof and introduction of a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream and once every year thereafter.
              (d) Each oil-water separator shall be inspected initially, and semi-annually thereafter, for improper work practices in accordance with § 63.143 of this subpart. For oil-water separators, improper work practice includes, but is not limited to, leaving open or ungasketed any access door or other opening when such door or opening is not in use.
              (e) Each oil-water separator shall be inspected for control equipment failures as defined in paragraph (e)(1) of this section according to the schedule specified in paragraphs (e)(2) and (e)(3) of this section.
              (1) For oil-water separators, control equipment failure includes, but is not limited to, the conditions specified in paragraphs (e)(1)(i) through (e)(1)(vii) of this section.
              (i) The floating roof is not resting on either the surface of the liquid or on the leg supports.
              (ii) There is stored liquid on the floating roof.
              (iii) A rim seal is detached from the floating roof.
              (iv) There are holes, tears, or other open spaces in the rim seal or seal fabric of the floating roof.
              (v) There are gaps between the primary seal and the separator wall that exceed 67 square centimeters per meter of separator wall perimeter or the width of any portion of any gap between the primary seal and the separator wall exceeds 3.8 centimeters.
              (vi) There are gaps between the secondary seal and the separator wall that exceed 6.7 square centimeters per meter of separator wall perimeter or the width of any portion of any gap between the secondary seal and the separator wall exceeds 1.3 centimeters.
              (vii) A gasket, joint, lid, cover, or door has a gap or crack, or is broken.
              (2) The owner or operator shall inspect for the control equipment failures in paragraphs (e)(1)(i) through (e)(1)(vi) of this section according to the schedule specified in paragraph (c) of this section.
              (3) The owner or operator shall inspect for control equipment failures in paragraph (e)(1)(vii) of this section initially, and semi-annually thereafter.
              (f) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification.
              [62 FR 2756, Jan. 17, 1997]

              § 63.138
              Process wastewater provisions—performance standards for treatment processes managing Group 1 wastewater streams and/or residuals removed from Group 1 wastewater streams.
              (a) General requirements. This section specifies the performance standards for treating Group 1 wastewater streams. The owner or operator shall comply with the requirements as specified in paragraphs (a)(1) through (a)(6) of this section. Where multiple compliance options are provided, the options may be used in combination for different wastewater streams and/or for different compounds (e.g., Table 8 versus Table 9 compounds) in the same wastewater streams, except where otherwise provided in this section. Once a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream has been treated in accordance with this subpart, it is no longer subject to the requirements of this subpart.
              (1) Existing source. If the wastewater stream, at an existing source, is Group 1 for Table 9 compounds, comply with § 63.138(b).
              (2) New source. If the wastewater stream, at a new source, is Group 1 for Table 8 compounds, comply with § 63.138(c). If the wastewater stream, at a new source, is Group 1 for Table 9 compounds, comply with § 63.138(b). If the wastewater stream, at a new source, is Group 1 for Table 8 and Table 9 compounds, comply with both § 63.138(b) and § 63.138(c).

                Note to paragraph (a)(2):
                The requirements for Table 8 and/or Table 9 compounds are similar and often identical.

              (3) Biological treatment processes. Biological treatment processes in compliance with this section may be either open or closed biological treatment processes as defined in § 63.111. An open biological treatment process in compliance with this section need not be covered and vented to a control device as required in § 63.133 through § 63.137 of this subpart. An open or a closed biological treatment process in compliance with this section and using § 63.145(f) or § 63.145(g) of this subpart to demonstrate compliance is not subject to the requirements of § 63.133 through § 63.137 of this subpart. A closed biological treatment process in compliance with this section and using § 63.145(e) of this subpart to demonstrate compliance shall comply with the requirements of § 63.133 through § 63.137 of this subpart. Waste management units upstream of an open or closed biological treatment process shall meet the requirements of § 63.133 through § 63.137 of this subpart, as applicable.
              (4) Performance tests and design evaluations. If design steam stripper option (§ 63.138(d)) or Resource Conservation and Recovery Act (RCRA) option (§ 63.138(h)) is selected to comply with this section, neither a design evaluation nor a performance test is required. For any other non-biological treatment process, and for closed biological treatment processes as defined in § 63.111 of this subpart, the owner or operator shall conduct either a design evaluation as specified in § 63.138(j), or a performance test as specified in § 63.145, of this subpart. For each open biological treatment process as defined in § 63.111 of this subpart, the owner or operator shall conduct a performance test as specified in § 63.145 of this subpart.

                Note to paragraph (a)(4):
                Some open biological treatment processes may not require a performance test. Refer to § 63.145(h) and table 36 of this subpart to determine whether the biological treatment process meets the criteria that exempt the owner or operator from conducting a performance test.

              (5) Control device requirements. When gases are vented from the treatment process, the owner or operator shall comply with the applicable control device requirements specified in § 63.139 and § 63.145 (i) and (j), and the applicable leak inspection provisions specified in § 63.148, of this subpart. This requirement does not apply to any open biological treatment process that meets the mass removal requirements. Vents from anaerobic biological treatment processes may be routed through hard-piping to a fuel gas system.
              (6) Residuals: general. When residuals result from treating Group 1 wastewater streams, the owner or operator shall comply with the requirements for residuals specified in § 63.138(k) of this subpart.
              (7) Treatment using a series of treatment processes. In all cases where the wastewater provisions in this subpart allow or require the use of a treatment process or control device to comply with emissions limitations, the owner or operator may use multiple treatment processes or control devices, respectively. For combinations of treatment processes where the wastewater stream is conveyed by hard-piping, the owner or operator shall comply with either the requirements of paragraph (a)(7)(i) or (a)(7)(ii) of this section. For combinations of treatment processes where the wastewater stream is not conveyed by hard-piping, the owner or operator shall comply with the requirements of paragraph (a)(7)(ii) of this section. For combinations of control devices, the owner or operator shall comply with the requirements of paragraph (a)(7)(i) of this section.
              (i)(A) For combinations of treatment processes, the wastewater stream shall be conveyed by hard-piping between the treatment processes. For combinations of control devices, the vented gas stream shall be conveyed by hard-piping between the control devices.
              (B) For combinations of treatment processes, each treatment process shall meet the applicable requirements of § 63.133 through § 63.137 of this subpart except as provided in paragraph (a)(3) of this section.

              (C) The owner or operator shall identify, and keep a record of, the combination of treatment processes or of control devices, including identification of the first and last treatment process or control device. The owner or operator shall include this information as part of the treatment process description reported in the Notification of Compliance Status.

              (D) The performance test or design evaluation shall determine compliance across the combination of treatment processes or control devices. If a performance test is conducted, the “inlet” shall be the point at which the wastewater stream or residual enters the first treatment process, or the vented gas stream enters the first control device. The “outlet” shall be the point at which the treated wastewater stream exits the last treatment process, or the vented gas stream exits the last control device.
              (ii)(A) For combinations of treatment processes, each treatment process shall meet the applicable requirements of § 63.133 through § 63.137 of this subpart except as provided in paragraph (a)(3) of this section.
              (B) The owner or operator shall identify, and keep a record of, the combination of treatment processes, including identification of the first and last treatment process. The owner or operator shall include this information as part of the treatment process description reported in the Notification of Compliance Status.
              (C) The owner or operator shall determine the mass removed or destroyed by each treatment process. The performance test or design evaluation shall determine compliance for the combination of treatment processes by adding together the mass removed or destroyed by each treatment process.
              (b) Control options: Group 1 wastewater streams for Table 9 compounds. The owner or operator shall comply with either paragraph (b)(1) or (b)(2) of this section for the control of Table 9 compounds at new or existing sources.
              (1) 50 ppmw concentration option. The owner or operator shall comply with paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
              (i) Reduce, by removal or destruction, the total concentration of Table 9 compounds to a level less than 50 parts per million by weight as determined by the procedures specified in § 63.145(b) of this subpart.
              (ii) This option shall not be used when the treatment process is a biological treatment process. This option shall not be used when the wastewater stream is designated as a Group 1 wastewater stream as specified in § 63.132(e). Dilution shall not be used to achieve compliance with this option.
              (2) Other compliance options. Comply with the requirements specified in any one of paragraphs (d), (e), (f), (g), (h), or (i) of this section.
              (c) Control options: Group 1 wastewater streams for Table 8 compounds. The owner or operator shall comply with either paragraph (c)(1) or (c)(2) of this section for the control of Table 8 compounds at new sources.
              (1) 10 ppmw concentration option. The owner or operator shall comply with paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
              (i) Reduce, by removal or destruction, the concentration of the individual Table 8 compounds to a level less than 10 parts per million by weight as determined in the procedures specified in § 63.145(b) of this subpart.
              (ii) This option shall not be used when the treatment process is a biological treatment process. This option shall not be used when the wastewater stream is designated as a Group 1 wastewater stream as specified in § 63.132(e). Dilution shall not be used to achieve compliance with this option.
              (2) Other compliance options. Comply with the requirements specified in any one of paragraphs (d), (e), (f), (g), (h), or (i) of this section.
              (d) Design steam stripper option. The owner or operator shall operate and maintain a steam stripper that meets the requirements of paragraphs (d)(1) through (d)(6) of this section.
              (1) Minimum active column height of 5 meters,
              (2) Countercurrent flow configuration with a minimum of 10 actual trays,
              (3) Minimum steam flow rate of 0.04 kilograms of steam per liter of wastewater feed within the column,
              (4) Minimum wastewater feed temperature to the steam stripper of 95 °C, or minimum column operating temperature of 95 °C,
              (5) Maximum liquid loading of 67,100 liters per hour per square meter, and
              (6) Operate at nominal atmospheric pressure.
              (e) Percent mass removal/destruction option. The owner or operator of a new or existing source shall comply with paragraph (e)(1) or (e)(2) of this section for control of Table 8 and/or Table 9 compounds for Group 1 wastewater streams. This option shall not be used for biological treatment processes.
              (1) Reduce mass flow rate of Table 8 and/or Table 9 compounds by 99 percent. For wastewater streams that are Group 1, the owner or operator shall reduce, by removal or destruction, the mass flow rate of Table 8 and/or Table 9 compounds by 99 percent or more. The removal/destruction efficiency shall be determined by the procedures specified in § 63.145(c), for noncombustion processes, or § 63.145(d), for combustion processes.
              (2) Reduce mass flow rate of Table 8 and/or Table 9 compounds by Fr value. For wastewater streams that are Group 1 for Table 8 and/or Table 9 compounds, the owner or operator shall reduce, by removal or destruction, the mass flow rate by at least the fraction removal (Fr) values specified in Table 9 of this subpart. (The Fr values for Table 8 compounds are all 0.99.) The removal/destruction efficiency shall be determined by the procedures specified in § 63.145(c), for noncombustion treatment processes, or § 63.145(d), for combustion treatment processes.
              (f) Required mass removal (RMR) option. The owner or operator shall achieve the required mass removal (RMR) of Table 8 compounds at a new source for a wastewater stream that is Group 1 for Table 8 compounds and/or of Table 9 compounds at a new or existing source for a wastewater stream that is Group 1 for Table 9 compounds. For nonbiological treatment processes compliance shall be determined using the procedures specified in § 63.145(e) of this subpart. For aerobic biological treatment processes compliance shall be determined using the procedures specified in § 63.145 (e) or (f) of this subpart. For closed anaerobic biological treatment processes compliance shall be determined using the procedures specified in § 63.145(e) of this subpart. For open biological treatment processes compliance shall be determined using the procedures specified in § 63.145(f) of this subpart.
              (g) 95-percent RMR option, for biological treatment processes. The owner or operator of a new or existing source using biological treatment for at least one wastewater stream that is Group 1 for Table 9 compounds shall achieve a RMR of at least 95 percent for all Table 9 compounds. The owner or operator of a new source using biological treatment for at least one wastewater stream that is Group 1 for Table 8 compounds shall achieve a RMR of at least 95 percent for all Table 8 compounds. All Group 1 and Group 2 wastewater streams entering a biological treatment unit that are from chemical manufacturing process units subject to subpart F shall be included in the demonstration of the 95-percent mass removal. The owner or operator shall comply with paragraphs (g)(1) through (g)(4) of this section.
              (1) Except as provided in paragraph (g)(4) of this section, the owner or operator shall ensure that all Group 1 and Group 2 wastewater streams from chemical manufacturing process units subject to this rule entering a biological treatment unit are treated to destroy at least 95-percent total mass of all Table 8 and/or Table 9 compounds.
              (2) For open biological treatment processes compliance shall be determined using the procedures specified in § 63.145(g) of this subpart. For closed aerobic biological treatment processes compliance shall be determined using the procedures specified in § 63.145 (e) or (g) of this subpart. For closed anaerobic biological treatment processes compliance shall be determined using the procedures specified in § 63.145(e) of this subpart.
              (3) For each treatment process or waste management unit that receives, manages, or treats wastewater streams subject to this paragraph, from the point of determination of each Group 1 or Group 2 wastewater stream to the biological treatment unit, the owner or operator shall comply with §§ 63.133 through § 63.137 of this subpart for control of air emissions. When complying with this paragraph, the term Group 1, whether used alone or in combination with other terms, in § 63.133 through § 63.137 of this subpart shall mean both Group 1 and Group 2.

              (4) If a wastewater stream is in compliance with the requirements in paragraph (b)(1), (c)(1), (d), (e), (f), or (h) of this section before entering the biological treatment unit, the hazardous air pollutants mass of that wastewater is not required to be included in the total mass flow rate entering the biological treatment unit for the purpose of demonstrating compliance.
              (h) Treatment in a RCRA unit option. The owner or operator shall treat the wastewater stream or residual in a unit identified in, and complying with, paragraph (h)(1), (h)(2), or (h)(3) of this section. These units are exempt from the design evaluation or performance tests requirements specified in § 63.138(a)(3) and § 63.138(j) of this subpart, and from the monitoring requirements specified in § 63.132(a)(2)(iii) and § 63.132(b)(3)(iii) of this subpart, as well as recordkeeping and reporting requirements associated with monitoring and performance tests.
              (1) The wastewater stream or residual is discharged to a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O;
              (2) The wastewater stream or residual is discharged to a process heater or boiler burning hazardous waste for which the owner or operator:
              (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or
              (ii) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H.
              (3) The wastewater stream or residual is discharged to an underground injection well for which the owner or operator has been issued a final permit under 40 CFR part 270 or 40 CFR part 144 and complies with the requirements of 40 CFR part 122. The owner or operator shall comply with all applicable requirements of this subpart prior to the point where the wastewater enters the underground portion of the injection well.
              (i) One megagram total source mass flow rate option. A wastewater stream is exempt from the requirements of paragraphs (b) and (c) of this section if the owner or operator elects to comply with either paragraph (i)(1) or (2) of this section, and complies with paragraph (i)(3) of this section.
              (1) All Group 1 wastewater streams at the source. The owner or operator shall demonstrate that the total source mass flow rate for Table 8 and/or Table 9 compounds is less than 1 megagram per year using the procedures in paragraphs (i)(1)(i) and (i)(1)(ii) of this section. The owner or operator shall include all Group 1 wastewater streams at the source in the total source mass flow rate. The total source mass flow rate shall be based on the mass as calculated before the wastewater stream is treated. The owner or operator who meets the requirements of this paragraph (i)(1) is exempt from the requirements of §§ 63.133 through 63.137.
              (i) Calculate the annual average mass flow rate for each Group 1 wastewater stream by multiplying the annual average flow rate of the wastewater stream, as determined by procedures specified in § 63.144(c), times the total annual average concentration of Table 8 and/or Table 9 compounds, as determined by procedures specified in § 63.144(b) of this subpart. (The mass flow rate of compounds in a wastewater stream that is Group 1 for both Table 8 and Table 9 compounds should be included in the annual average mass flow rate only once.)
              (ii) Calculate the total source mass flow rate from all Group 1 wastewater streams by adding together the annual average mass flow rate calculated for each Group 1 wastewater stream.
              (2) Untreated and partially treated Group 1 wastewater streams. The owner or operator shall demonstrate that the total source mass flow rate for untreated Group 1 wastewater streams and Group 1 wastewater streams treated to levels less stringent than required in paragraph (b) or (c) of this section is less than 1 megagram per year using the procedures in paragraphs (i)(2)(i) and (i)(2)(ii) of this section. The owner or operator shall manage these wastewater streams in accordance with paragraph (i)(2)(iii) of this section, and shall comply with paragraph (i)(3) of this section.

              (i) Calculate the annual average mass flow rate in each wastewater stream by multiplying the annual average flow rate of the wastewater stream, as determined by procedures specified in § 63.144(c), times the total annual average concentration of Table 8 and/or Table 9 compounds, as determined by procedures specified in § 63.144(b). (The mass flow rate of compounds in a wastewater stream that are Group 1 for both Table 8 and Table 9 compounds should be included in the annual average mass flow rate only once.) When determining the total source mass flow rate for the purposes of paragraph (i)(2)(i)(B) of this section, the concentration and flow rate shall be determined at the location specified in paragraph (i)(2)(i)(B) of this section and not at the location specified in § 63.144(b) and (c).
              (A) For each untreated Group 1 wastewater stream, the annual average flow rate and the total annual average concentration shall be determined for that stream's point of determination.
              (B) For each Group 1 wastewater stream that is treated to levels less stringent than those required by paragraph (b) or (c) of this section, the annual average flow rate and total annual average concentration shall be determined at the discharge from the treatment process or series of treatment processes.
              (C) The annual average mass flow rate for Group 1 wastewater streams treated to the levels required by paragraph (b) or (c) of this section is not included in the calculation of the total source mass flow rate.
              (ii) The total source mass flow rate shall be calculated by summing the annual average mass flow rates from all Group 1 wastewater streams, except those excluded by paragraph (i)(2)(i)(C) of this section.
              (iii) The owner or operator of each waste management unit that receives, manages, or treats a partially treated wastewater stream prior to or during treatment shall comply with the requirements of §§ 63.133 through 63.137, as applicable. For a partially treated wastewater stream that is stored, conveyed, treated, or managed in a waste management unit meeting the requirements of §§ 63.133 through 63.137, the owner or operator shall follow the procedures in paragraph (i)(2)(i)(B) of this section to calculate mass flow rate. A wastewater stream, either untreated or partially treated, where the mass flow rate has been calculated following the procedures in paragraph (i)(2)(i)(A) of this section, is exempt from the requirements of §§ 63.133 through 63.137.
              (3) Wastewater streams included in this option shall be identified in the Notification of Compliance Status required by § 63.152(b).
              (j) Design evaluations or performance tests for treatment processes. Except as provided in paragraph (j)(3) or (h) of this section, the owner or operator shall demonstrate by the procedures in either paragraph (j)(1) or (j)(2) of this section that each nonbiological treatment process used to comply with paragraphs (b)(1), (c)(1), (e), and/or (f) of this section achieves the conditions specified for compliance. The owner or operator shall demonstrate by the procedures in either paragraph (j)(1) or (j)(2) of this section that each closed biological treatment process used to comply with paragraphs (f) or (g) of this section achieves the conditions specified for compliance. If an open biological treatment unit is used to comply with paragraph (f) or (g) of this section, the owner or operator shall comply with § 63.145(f) or § 63.145(g), respectively, of this subpart. Some biological treatment processes may not require a performance test. Refer to § 63.145(h) and table 36 of this subpart to determine whether the open biological treatment process meets the criteria that exempt the owner or operator from conducting a performance test.

              (1) A design evaluation and supporting documentation that addresses the operating characteristics of the treatment process and that is based on operation at a representative wastewater stream flow rate and a concentration under which it would be most difficult to demonstrate compliance. For closed biological treatment processes, the actual mass removal shall be determined by a mass balance over the unit. The mass flow rate of Table 8 or Table 9 compounds exiting the treatment process shall be the sum of the mass flow rate of Table 8 or Table 9 compounds in the wastewater stream exiting the biological treatment process and the mass flow rate of the vented gas stream exiting the control device. The mass flow rate entering the treatment process minus the mass flow rate exiting the process determines the actual mass removal.
              (2) Performance tests conducted using test methods and procedures that meet the applicable requirements specified in § 63.145 of this subpart.
              (3) The provisions of paragraphs (j)(1) and (j)(2) of this section do not apply to design stream strippers which meet the requirements of paragraph (d) of this section.
              (k) Residuals. For each residual removed from a Group 1 wastewater stream, the owner or operator shall control for air emissions by complying with §§ 63.133-137 of this subpart and by complying with one of the provisions in paragraphs (k)(1) through (k)(4) of this section.
              (1) Recycle the residual to a production process or sell the residual for the purpose of recycling. Once a residual is returned to a production process, the residual is no longer subject to this section.
              (2) Return the residual to the treatment process.
              (3) Treat the residual to destroy the total combined mass flow rate of Table 8 and/or Table 9 compounds by 99 percent or more, as determined by the procedures specified in § 63.145(c) or (d) of this subpart.
              (4) Comply with the requirements for RCRA treatment options specified in § 63.138(h) of this subpart.
              [62 FR 2757, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001]

              § 63.139
              Process wastewater provisions—control devices.
              (a) For each control device or combination of control devices used to comply with the provisions in §§ 63.133 through 63.138 of this subpart, the owner or operator shall operate and maintain the control device or combination of control devices in accordance with the requirements of paragraphs (b) through (f) of this section.
              (b) Whenever organic hazardous air pollutants emissions are vented to a control device which is used to comply with the provisions of this subpart, such control device shall be operating.
              (c) The control device shall be designed and operated in accordance with paragraph (c)(1), (c)(2), (c)(3), (c)(4), or (c)(5) of this section.
              (1) An enclosed combustion device (including but not limited to a vapor incinerator, boiler, or process heater) shall meet the conditions in paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section, alone or in combination with other control devices. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater.
              (i) Reduce the total organic compound emissions, less methane and ethane, or total organic hazardous air pollutants emissions vented to the control device by 95 percent by weight or greater;
              (ii) Achieve an outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration of 20 parts per million by volume on a dry basis corrected to 3 percent oxygen. The owner or operator shall use either Method 18 of 40 CFR part 60, appendix A, or any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part; or
              (iii) Provide a minimum residence time of 0.5 seconds at a minimum temperature of 760 °C.
              (2) A vapor recovery system (including but not limited to a carbon adsorption system or condenser), alone or in combination with other control devices, shall reduce the total organic compound emissions, less methane and ethane, or total organic hazardous air pollutants emissions vented to the control device of 95 percent by weight or greater or achieve an outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration of 20 parts per million by volume, whichever is less stringent. The 20 parts per million by volume performance standard is not applicable to compliance with the provisions of § 63.134 or § 63.135 of this subpart.

              (3) A flare shall comply with the requirements of § 63.11(b) of subpart A of this part.

              (4) A scrubber, alone or in combination with other control devices, shall reduce the total organic compound emissions, less methane and ethane, or total organic hazardous air pollutants emissions in such a manner that 95 weight-percent is either removed, or destroyed by chemical reaction with the scrubbing liquid or achieve an outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration of 20 parts per million by volume, whichever is less stringent. The 20 parts per million by volume performance standard is not applicable to compliance with the provisions of § 63.134 or § 63.135 of this subpart.
              (5) Any other control device used shall, alone or in combination with other control devices, reduce the total organic compound emissions, less methane and ethane, or total organic hazardous air pollutants emissions vented to the control device by 95 percent by weight or greater or achieve an outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration of 20 parts per million by volume, whichever is less stringent. The 20 parts per million by volume performance standard is not applicable to compliance with the provisions of § 63.134 or § 63.135 of this subpart.
              (d) Except as provided in paragraph (d)(4) of this section, an owner or operator shall demonstrate that each control device or combination of control devices achieves the appropriate conditions specified in paragraph (c) of this section by using one or more of the methods specified in paragraphs (d)(1), (d)(2), or (d)(3) of this section.
              (1) Performance tests conducted using the test methods and procedures specified in § 63.145(i) of this subpart for control devices other than flares; or
              (2) A design evaluation that addresses the vent stream characteristics and control device operating parameters specified in paragraphs (d)(2)(i) through (d)(2)(vii) of this section.
              (i) For a thermal vapor incinerator, the design evaluation shall consider the vent stream composition, constituent concentrations, and flow rate and shall establish the design minimum and average temperature in the combustion zone and the combustion zone residence time.
              (ii) For a catalytic vapor incinerator, the design evaluation shall consider the vent stream composition, constituent concentrations, and flow rate and shall establish the design minimum and average temperatures across the catalyst bed inlet and outlet.
              (iii) For a boiler or process heater, the design evaluation shall consider the vent stream composition, constituent concentrations, and flow rate; shall establish the design minimum and average flame zone temperatures and combustion zone residence time; and shall describe the method and location where the vent stream is introduced into the flame zone.
              (iv) For a condenser, the design evaluation shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature and shall establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet.
              (v) For a carbon adsorption system that regenerates the carbon bed directly on-site in the control device such as a fixed-bed adsorber, the design evaluation shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration level, adsorption cycle time, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total regeneration stream mass or volumetric flow over the period of each complete carbon bed regeneration cycle, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon.

              (vi) For a carbon adsorption system that does not regenerate the carbon bed directly on-site in the control device such as a carbon canister, the design evaluation shall consider the vent stream composition, constituent concentrations, mass or volumetric flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.
              (vii) For a scrubber, the design evaluation shall consider the vent stream composition; constituent concentrations; liquid-to-vapor ratio; scrubbing liquid flow rate and concentration; temperature; and the reaction kinetics of the constituents with the scrubbing liquid. The design evaluation shall establish the design exhaust vent stream organic compound concentration level and will include the additional information in paragraphs (d)(2)(vii)(A) and (d)(2)(vii)(B) of this section for trays and a packed column scrubber.
              (A) Type and total number of theoretical and actual trays;
              (B) Type and total surface area of packing for entire column, and for individual packed sections if column contains more than one packed section.
              (3) For flares, the compliance determination specified in § 63.11(b) of subpart A of this part and § 63.145(j) of this subpart.
              (4) An owner or operator using any control device specified in paragraphs (d)(4)(i) through (d)(4)(iv) of this section is exempt from the requirements in paragraphs (d)(1) through (d)(3) of this section and from the requirements in § 63.6(f) of subpart A of this part, and from the requirements of paragraph (e) of this section.
              (i) A boiler or process heater with a design heat input capacity of 44 megawatts or greater.
              (ii) A boiler or process heater into which the emission stream is introduced with the primary fuel.
              (iii) A boiler or process heater burning hazardous waste for which the owner or operator:
              (A) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H, or
              (B) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H.
              (iv) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O.
              (e) The owner or operator of a control device that is used to comply with the provisions of this section shall monitor the control device in accordance with § 63.143 of this subpart.
              (f) Except as provided in § 63.140 of this subpart, if gaps, cracks, tears, or holes are observed in ductwork, piping, or connections to covers and control devices during an inspection, a first effort to repair shall be made as soon as practical but no later than 5 calendar days after identification. Repair shall be completed no later than 15 calendar days after identification or discovery of the defect.
              [62 FR 2760, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999]

              § 63.140
              Process wastewater provisions—delay of repair.
              (a) Delay of repair of equipment for which a control equipment failure or a gap, crack, tear, or hole has been identified, is allowed if the repair is technically infeasible without a shutdown, as defined in § 63.101 of subpart F of this part, or if the owner or operator determines that emissions of purged material from immediate repair would be greater than the emissions likely to result from delay of repair. Repair of this equipment shall occur by the end of the next shutdown.
              (b) Delay of repair of equipment for which a control equipment failure or a gap, crack, tear, or hole has been identified, is allowed if the equipment is emptied or is no longer used to treat or manage Group 1 wastewater streams or residuals removed from Group 1 wastewater streams.

              (c) Delay of repair of equipment for which a control equipment failure or a gap, crack, tear, or hole has been identified is also allowed if additional time is necessary due to the unavailability of parts beyond the control of the owner or operator. Repair shall be completed as soon as practical. The owner or operator who uses this provision shall comply with the requirements of § 63.147(b)(7) to document the reasons that the delay of repair was necessary.
              [62 FR 2762, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001]

              §§ 63.141-63.142
              [Reserved]

              § 63.143
              Process wastewater provisions—inspections and monitoring of operations.
              (a) For each wastewater tank, surface impoundment, container, individual drain system, and oil-water separator that receives, manages, or treats a Group 1 wastewater stream, a residual removed from a Group 1 wastewater stream, a recycled Group 1 wastewater stream, or a recycled residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the inspection requirements specified in table 11 of this subpart.
              (b) For each design steam stripper and biological treatment unit used to comply with § 63.138 of this subpart, the owner or operator shall comply with the monitoring requirements specified in table 12 of this subpart.
              (c) If the owner or operator elects to comply with Item 1 in table 12 of this subpart, the owner or operator shall request approval to monitor appropriate parameters that demonstrate proper operation of the biological treatment unit. The request shall be submitted according to the procedures specified in § 63.151(f) of this subpart, and shall include a discription of planned reporting and recordkeeping procedures. The owner or operator shall include as part of the submittal the basis for the selected monitoring frequencies and the methods that will be used. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means.
              (d) If the owner or operator elects to comply with Item 3 in table 12 of this subpart, the owner or operator shall request approval to monitor appropriate parameters that demonstrate proper operation of the selected treatment process. The request shall be submitted according to the procedures specified in § 63.151(f) of this subpart, and shall include a description of planned reporting and recordkeeping procedures. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means.
              (e) Except as provided in paragraphs (e)(4) and (e)(5) of this section, for each control device used to comply with the requirements of §§ 63.133 through 63.139 of this subpart, the owner or operator shall comply with the requirements in § 63.139(d) of this subpart, and with the requirements specified in paragraph (e)(1), (e)(2), or (e)(3) of this section.
              (1) The owner or operator shall comply with the monitoring requirements specified in table 13 of this subpart; or
              (2) The owner or operator shall use an organic monitoring device installed at the outlet of the control device and equipped with a continuous recorder. Continuous recorder is defined in § 63.111 of this subpart; or
              (3) The owner or operator shall request approval to monitor parameters other than those specified in paragraphs (e)(1) and (e)(2) of this section. The request shall be submitted according to the procedures specified in § 63.151(f) of this subpart, and shall include a description of planned reporting and recordkeeping procedures. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means.
              (4) For a boiler or process heater in which all vent streams are introduced with primary fuel, the owner or operator shall comply with the requirements in § 63.139(d) of this subpart but the owner or operator is exempt from the monitoring requirements specified in paragraphs (e)(1) through (e)(3) of this section.
              (5) For a boiler or process heater with a design heat input capacity of 44 megawatts or greater, the owner or operator shall comply with the requirements in § 63.139(d) of this subpart but the owner or operator is exempt from the monitoring requirements specified in paragraphs (e)(1) through (e)(3) of this section.

              (f) For each parameter monitored in accordance with paragraph (c), (d), or (e) of this section, the owner or operator shall establish a range that indicates proper operation of the treatment process or control device. In order to establish the range, the owner or operator shall comply with the requirements specified in §§ 63.146(b)(7)(ii)(A) and (b)(8)(ii) of this subpart.
              (g) Monitoring equipment shall be installed, calibrated, and maintained according to the manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately.
              [62 FR 2762, Jan. 17, 1997]

              § 63.144
              Process wastewater provisions—test methods and procedures for determining applicability and Group 1/Group 2 determinations (determining which wastewater streams require control).
              (a) Procedures to determine applicability. An owner or operator shall comply with paragraph (a)(1) or (a)(2) of this section for each wastewater stream to determine which wastewater streams require control for Table 8 and/or Table 9 compounds. The owner or operator may use a combination of the approaches in paragraphs (a)(1) and (a)(2) of this section for different wastewater streams generated at the source.
              (1) Determine Group 1 or Group 2 status. Determine whether a wastewater stream is a Group 1 or Group 2 wastewater stream in accordance with paragraphs (b) and (c) of this section.
              (2) Designate as Group 1. An owner or operator may designate as a Group 1 wastewater stream a single wastewater stream or a mixture of wastewater streams. The owner or operator is not required to determine the concentration or flow rate for each designated Group 1 wastewater stream for the purposes of this section.
              (b) Procedures to establish concentrations, when determining Group status under paragraph (a)(1) of this section. An owner or operator who elects to comply with the requirements of paragraph (a)(1) of this section shall determine the annual average concentration for Table 8 and/or Table 9 compounds according to paragraph (b)(1) of this section for existing sources or paragraph (b)(2) of this section for new sources. The annual average concentration shall be a flow weighted average representative of actual or anticipated operation of the chemical manufacturing process unit generating the wastewater over a designated 12 month period. For flexible operation units, the owner or operator shall consider the anticipated production over the designated 12 month period and include all wastewater streams generated by the process equipment during this period. The owner/operator is not required to determine the concentration of Table 8 or Table 9 compounds that are not reasonably expected to be in the process.
              (1) Existing sources. An owner or operator of an existing source who elects to comply with the requirements of paragraph (a)(1) of this section shall determine the flow weighted total annual average concentration for Table 9 compounds. For the purposes of this section, the term concentration, whether concentration is used alone or with other terms, may be adjusted by multiplying by the compound-specific fraction measured (Fm) factors listed in table 34 of this subpart unless determined by the methods in § 63.144(b)(5)(i)(A) and/or (B). When concentration is determined by Method 305 as specified in § 63.144(b)(5)(i)(B), concentration may be adjusted by dividing by the compound-specific Fm factors listed in table 34 of this subpart. When concentration is determined by Method 25D as specified in § 63.144(b)(5)(i)(A), concentration may not be adjusted by the compound-specific Fm factors listed in table 34 of this subpart. Compound-specific Fm factors may be used only when concentrations of individual compounds are determined or when only one compound is in the wastewater stream. Flow weighted total annual average concentration for Table 9 compounds means the total mass of Table 9 compounds occurring in the wastewater stream during the designated 12-month period divided by the total mass of the wastewater stream during the same designated 12-month period. The total annual average concentration shall be determined for each wastewater stream either at the point of determination, or downstream of the point of determination with adjustment for concentration changes made according to paragraph (b)(6) of this section. The procedures specified in paragraphs (b)(3), (b)(4), and (b)(5) of this section are considered acceptable procedures for determining the annual average concentration. They may be used in combination, and no one procedure shall take precedence over another.
              (2) New sources. An owner or operator of a new source who elects to comply with the requirements of paragraph (a)(1) of this section shall determine both the flow weighted total annual average concentration for Table 9 compounds and the flow weighted annual average concentration for each Table 8 compound. For the purposes of this section, the term concentration, whether concentration is used alone or with other terms, may be adjusted by multiplying by the compound-specific Fm factors listed in table 34 of this subpart unless determined by the methods in § 63.144(b)(5)(i)(A) and/or (B). When concentration is determined by Method 305 as specified in § 63.144(b)(5)(i)(B), concentration may be adjusted by dividing by the compound-specific Fm factors listed in table 34 of this subpart. When concentration is determined by Method 25D as specified in § 63.144(b)(5)(i)(A), concentration may not be adjusted by the compound-specific Fm factors listed in table 34 of this subpart. Compound-specific fraction measured factors are compound specific and shall be used only when concentration of individual compounds are determined or when only one compound is in the wastewater stream. The flow weighted annual average concentration of each Table 8 compound means the mass of each Table 8 compound occurring in the wastewater stream during the designated 12-month period divided by the total mass of the wastewater stream during the same designated 12-month period. Flow weighted total annual average concentration for Table 9 compounds means the total mass of Table 9 compounds occurring in the wastewater stream during the designated 12-month period divided by the total mass of the wastewater stream during the same designated 12-month period. The annual average concentration shall be determined for each wastewater stream either at the point of determination, or downstream of the point of determination with adjustment for concentration changes made according to paragraph (b)(6) of this section. Procedures specified in paragraphs (b)(3), (b)(4), and (b)(5) of this section are considered acceptable procedures for determining the annual average concentration. They may be used in combination, and no one procedure shall take precedence over another.
              (3) Knowledge of the wastewater. Where knowledge is used to determine the annual average concentration, the owner or operator shall provide sufficient information to document the annual average concentration for wastewater streams determined to be Group 2 wastewater streams. Documentation to determine the annual average concentration is not required for Group 1 streams. Examples of acceptable documentation include material balances, records of chemical purchases, process stoichiometry, or previous test results. If test data are used, the owner or operator shall provide documentation describing the testing protocol and the means by which any losses of volatile compounds during sampling, and the bias and accuracy of the analytical method, were accounted for in the determination.
              (4) Bench-scale or pilot-scale test data. Where bench-scale or pilot-scale test data are used to determine the annual average concentration, the owner or operator shall provide sufficient information to document that the data are representative of the actual annual average concentration, or are reliably indicative of another relevant characteristic of the wastewater stream that could be used to predict the annual average concentration. For concentration data, the owner or operator shall also provide documentation describing the testing protocol, and the means by which any losses of volatile compounds during sampling, and the bias and accuracy of the analytical method, were accounted for in the determination of annual average concentration.
              (5) Test data from sampling at the point of determination or at a location downstream of the point of determination.
                Where an owner or operator elects to comply with paragraph (a)(1) of this section by measuring the concentration for the relevant Table 8 or Table 9 compounds, the owner or operator shall comply with the requirements of this paragraph. For each wastewater stream, measurements shall be made either at the point of determination, or downstream of the point of determination with adjustment for concentration changes made according to paragraph (b)(6) of this section. A minimum of three samples from each wastewater stream shall be taken. Samples may be grab samples or composite samples.
              (i) Methods. The owner or operator shall use any of the methods specified in paragraphs (b)(5)(i)(A) through (b)(5)(i)(F) of this section.
              (A) Method 25D. Use procedures specified in Method 25D of 40 CFR part 60, appendix A.
              (B) Method 305. Use procedures specified in Method 305 of 40 CFR part 63, appendix A.
              (C) Methods 624 and 625. Use procedures specified in Methods 624 and 625 of 40 CFR part 136, appendix A and comply with the sampling protocol requirements specified in paragraph (b)(5)(ii) of this section. If these methods are used to analyze one or more compounds that are not on the method's published list of approved compounds, the Alternative Test Procedure specified in 40 CFR 136.4 and 136.5 shall be followed. For Method 625, make corrections to the compounds for which the analysis is being conducted based on the accuracy as recovery factors in Table 7 of the method.
              (D) Method 1624 and Method 1625. Use procedures specified in Method 1624 and Method 1625 of 40 CFR part 136, appendix A and comply with the requirements specified in paragraph (b)(5)(ii) of this section. If these methods are used to analyze one or more compounds that are not on the method's published list of approved compounds, the Alternative Test Procedure specified in 40 CFR 136.4 and 136.5 shall be followed.
              (E) Other EPA method(s). Use procedures specified in the method and comply with the requirements specified in paragraphs (b)(5)(ii) and either paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B) of this section.
              (F) Method(s) other than EPA method. Use procedures specified in the method and comply with the requirements specified in paragraphs (b)(5)(ii) and (b)(5)(iii)(A) of this section.
              (G) Method 8260B. Use procedures specified in Method 8260B in the SW-846 Compendium of Methods.
              (H) Method 316. Use Method 316 to determine formaldehyde concentration.
              (ii) Sampling plan. The owner or operator who is expressly referred to this paragraph by provisions of this subpart shall prepare a sampling plan. Wastewater samples shall be collected using sampling procedures which minimize loss of organic compounds during sample collection and analysis and maintain sample integrity. The sample plan shall include procedures for determining recovery efficiency of the relevant hazardous air pollutants listed in table 8 or table 9 of this subpart. An example of an acceptable sampling plan would be one that incorporates similar sampling and sample handling requirements to those of Method 25D of 40 CFR part 60, appendix A. The sampling plan shall be maintained at the facility.
              (iii) Validation of methods. The owner or operator shall validate EPA methods other than Methods 25D, 305, 624, 625, 1624, and 1625 using the procedures specified in paragraph (b)(5)(iii)(A) or (b)(5)(iii)(B) of this section. The owner or operator shall validate other methods as specified in paragraph (b)(5)(iii)(A) of this section.
              (A) Validation of EPA methods and other methods. The method used to measure organic hazardous air pollutants concentrations in the wastewater shall be validated according to section 5.1 or 5.3, and the corresponding calculations in section 6.1 or 6.3, of Method 301 of appendix A of this part. The data are acceptable if they meet the criteria specified in section 6.1.5 or 6.3.3 of Method 301 of appendix A of this part. If correction is required under section 6.3.3 of Method 301 of appendix A of this part, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 of appendix A of this part are not required. The concentrations of the individual organic hazardous air pollutants measured in the water may be corrected to their concentrations had they been measured by Method 305 of appendix A of this part, by multiplying each concentration by the compound-specific fraction measured (Fm) factor listed in table 34 of this subpart.
              (B) Validation for EPA methods. Follow the procedures as specified in “Alternative Validation Procedure for EPA Waste Methods” 40 CFR part 63, appendix D.
              (iv) Calculations of average concentration. The average concentration for each individually speciated Table 8 compound shall be calculated by adding the individual values determined for the specific compound in each sample and dividing by the number of samples. The total average concentration of Table 9 compounds shall be calculated by first summing the concentration of the individual compounds to obtain a total hazardous air pollutants concentration for the sample; add the sample totals and then divide by the number of samples in the run to obtain the sample average for the run. If the method used does not speciate the compounds, the sample results should be added and this total divided by the number of samples in the run to obtain the sample average for the run.
              (6) Adjustment for concentrations determined downstream of the point of determination. The owner or operator shall make corrections to the annual average concentration or total annual average concentration when the concentration is determined downstream of the point of determination at a location where: two or more wastewater streams have been mixed; one or more wastewater streams have been treated; or, losses to the atmosphere have occurred. The owner or operator shall make the adjustments either to the individual data points or to the final annual average concentration.
              (c) Procedures to determine flow rate, when evaluating Group status under paragraph (a)(1) of this section. An owner or operator who elects to comply with paragraph (a)(1) of this section shall determine the annual average flow rate of the wastewater stream either at the point of determination for each wastewater stream, or downstream of the point of determination with adjustment for flow rate changes made according to paragraph (c)(4) of this section. These procedures may be used in combination for different wastewater streams at the source. The annual average flow rate for the wastewater stream shall be representative of actual or anticipated operation of the chemical manufacturing process unit generating the wastewater over a designated 12-month period. The owner or operator shall consider the total annual wastewater volume generated by the chemical manufacturing process unit. If the chemical manufacturing process unit is a flexible operation unit, the owner or operator shall consider all anticipated production in the process equipment over the designated 12-month period. The procedures specified in paragraphs (c)(1), (c)(2), and (c)(3) of this section are considered acceptable procedures for determining the flow rate. They may be used in combination, and no one procedure shall take precedence over another.
              (1) Knowledge of the wastewater. The owner or operator may use knowledge of the wastewater stream and/or the process to determine the annual average flow rate. The owner or operator shall use the maximum expected annual average production capacity of the process unit, knowledge of the process, and/or mass balance information to either: Estimate directly the annual average wastewater flow rate; or estimate the total annual wastewater volume and then divide total volume by 525,600 minutes in a year. Where knowledge is used to determine the annual average flow rate, the owner or operator shall provide sufficient information to document the flow rate for wastewater streams determined to be Group 2 wastewater streams. Documentation to determine the annual average flow rate is not required for Group 1 streams.
              (2) Historical records. The owner or operator may use historical records to determine the annual average flow rate. Derive the highest annual average flow rate of wastewater from historical records representing the most recent 5 years of operation or, if the process unit has been in service for less than 5 years but at least 1 year, from historical records representing the total operating life of the process unit. Where historical records are used to determine the annual average flow rate, the owner or operator shall provide sufficient information to document the flow rate for wastewater streams determined to be Group 2 wastewater streams. Documentation to determine the annual average flow rate is not required for Group 1 streams.
              (3) Measurements of flow rate. Where an owner or operator elects to comply with paragraph (a)(1) of this section by measuring the flow rate, the owner or operator shall comply with the requirements of this paragraph. Measurements shall be made at the point of determination, or at a location downstream of the point of determination with adjustments for flow rate changes made according to paragraph (c)(4) of this section. Where measurement data are used to determine the annual average flow rate, the owner or operator shall provide sufficient information to document the flow rate for wastewater streams determined to be Group 2 wastewater streams. Documentation to determine the annual average flow rate is not required for Group 1 streams.
              (4) Adjustment for flow rates determined downstream of the point of determination. The owner or operator shall make corrections to the annual average flow rate of a wastewater stream when it is determined downstream of the point of determination at a location where two or more wastewater streams have been mixed or one or more wastewater streams have been treated. The owner or operator shall make corrections for such changes in the annual average flow rate.
              [62 FR 2762, Jan. 17, 1997, as amended at 79 FR 11283, Feb. 27, 2014]

              § 63.145
              Process wastewater provisions—test methods and procedures to determine compliance.
              (a) General. This section specifies the procedures for performance tests that are conducted to demonstrate compliance of a treatment process or a control device with the control requirements specified in § 63.138 of this subpart. Owners or operators conducting a design evaluation shall comply with the requirements of paragraph (a)(1) or (a)(2) of this section. Owners or operators conducting a performance test shall comply with the applicable requirements in paragraphs (a) through (i) of this section.
              (1) Performance tests and design evaluations for treatment processes. If design steam stripper option (§ 63.138(d)) or RCRA option (§ 63.138(h)) is selected to comply with § 63.138, neither a design evaluation nor a performance test is required. For any other non-biological treatment process, the owner or operator shall conduct either a design evaluation as specified in § 63.138(j), or a performance test as specified in this section. For closed biological treatment processes, the owner or operator shall conduct either a design evaluation as specified in § 63.138(j), or a performance test as specified in this section. For each open biological treatment process, the owner or operator shall conduct a performance test as specified in this section.

                Note:
                Some open biological treatment processes may not require a performance test. Refer to § 63.145(h) and table 36 of this subpart to determine whether the biological treatment process meets the criteria that exempt the owner or operator from conducting a performance test.

              (2) Performance tests and design evaluations for control devices. The owner or operator shall conduct either a design evaluation as specified in § 63.139(d), or a performance test as specified in paragraph (i) of this section for control devices other than flares and paragraph (j) of this section for flares.
              (3) Representative process unit operating conditions. Compliance shall be demonstrated for representative operating conditions. Operations during periods of startup, shutdown, or malfunction and periods of nonoperation shall not constitute representative conditions. The owner or operator shall record the process information that is necessary to document operating conditions during the test.
              (4) Representative treatment process or control device operating conditions. Performance tests shall be conducted when the treatment process or control device is operating at a representative inlet flow rate and concentration. If the treatment process or control device will be operating at several different sets of representative operating conditions, the owner or operator shall comply with paragraphs (a)(4)(i) and (a)(4)(ii) of this section. The owner or operator shall record information that is necessary to document treatment process or control device operating conditions during the test.
              (i) Range of operating conditions. If the treatment process or control device will be operated at several different sets of representative operating conditions, performance testing over the entire range is not required. In such cases, the performance test results shall be supplemented with modeling and/or engineering assessments to demonstrate performance over the operating range.
              (ii) Consideration of residence time. If concentration and/or flow rate to the treatment process or control device are not relatively constant (i.e., comparison of inlet and outlet data will not be representative of performance), the owner or operator shall consider residence time, when determining concentration and flow rate.
              (5) Testing equipment. All testing equipment shall be prepared and installed as specified in the applicable test methods, or as approved by the Administrator.
              (6) Compounds not required to be considered in performance tests or design evaluations. Compounds that meet the requirements specified in paragraph (a)(6)(i), (a)(6)(ii), or (a)(6)(iii) of this section are not required to be included in the performance test. Concentration measurements based on Method 305 shall be adjusted by dividing each concentration by the compound-specific Fm factor listed in table 34 of this subpart. Concentration measurements based on methods other than Method 305 shall not be adjusted by the compound-specific Fm factor listed in table 34 of this subpart.
              (i) Compounds not used or produced by the chemical manufacturing process unit; or
              (ii) Compounds with concentrations at the point of determination that are below 1 part per million by weight; or
              (iii) Compounds with concentrations at the point of determination that are below the lower detection limit where the lower detection limit is greater than 1 part per million by weight. The method shall be an analytical method for wastewater which has that compound as a target analyte.
              (7) Treatment using a series of treatment processes. In all cases where the wastewater provisions in this subpart allow or require the use of a treatment process to comply with emissions limitations, the owner or operator may use multiple treatment processes. The owner or operator complying with the requirements of § 63.138(a)(7)(i), when wastewater is conveyed by hard-piping, shall comply with either §§ 63.145(a)(7)(i) or 63.145(a)(7)(ii) of this subpart. The owner or operator complying with the requirements of § 63.138(a)(7)(ii) of this subpart shall comply with the requirements of § 63.145(a)(7)(ii) of this subpart.
              (i) The owner or operator shall conduct the performance test across each series of treatment processes. For each series of treatment processes, inlet concentration and flow rate shall be measured either where the wastewater stream enters the first treatment process in a series of treatment processes, or prior to the first treatment process as specified in § 63.145(a)(9) of this subpart. For each series of treatment processes, outlet concentration and flow rate shall be measured where the wastewater stream exits the last treatment process in the series of treatment processes, except when the last treatment process is an open or a closed aerobic biological treatment process demonstrating compliance by using the procedures in § 63.145 (f) or (g) of this subpart. When the last treatment process is either an open or a closed aerobic biological treatment process demonstrating compliance by using the procedures in § 63.145 (f) or (g) of this subpart, inlet and outlet concentrations and flow rates shall be measured as provided in paragraphs (a)(7)(i)(A) and (a)(7)(i)(B) of this section. The mass flow rates removed or destroyed by the series of treatment processes and by the biological treatment process are all used to calculate actual mass removal (AMR) as specified in § 63.145(f)(5)(ii) of this subpart.

              (A) The inlet and outlet to the series of treatment processes prior to the biological treatment process are the points at which the wastewater enters the first treatment process and exits the last treatment process in the series, respectively, except as provided in paragraph (a)(9)(ii) of this section.
              (B) The inlet to the biological treatment process shall be the point at which the wastewater enters the biological treatment process or the outlet from the series of treatment processes identified in paragraph (a)(7)(i)(A) of this section, except as provided in paragraph (a)(9)(ii) of this section.
              (ii) The owner or operator shall conduct the performance test across each treatment process in the series of treatment processes. The mass flow rate removed or destroyed by each treatment process shall be added together to determine whether compliance has been demonstrated using § 63.145 (c), (d), (e), (f), and (g), as applicable. If a biological treatment process is one of the treatment processes in the series of treatment processes, the inlet to the biological treatment process shall be the point at which the wastewater enters the biological treatment process, or the inlet to the equalization tank if all the criteria of paragraph (a)(9)(ii) of this section are met.
              (8) When using a biological treatment process to comply with § 63.138 of this subpart, the owner or operator may elect to calculate the AMR using a subset of Table 8 and/or Table 9 compounds determined at the point of determination or downstream of the point of determination with adjustment for concentration and flowrate changes made according to § 63.144(b)(6) and § 63.144(c)(4) of this subpart, respectively. All Table 8 and/or Table 9 compounds measured to determine the RMR, except as provided by § 63.145(a)(6), shall be included in the RMR calculation.
              (9) The owner or operator determining the inlet for purposes of demonstrating compliance with § 63.145 (e), (f), or (g) of this subpart may elect to comply with paragraph (a)(9)(i) or (a)(9)(ii) of this section.
              (i) When wastewater is conveyed exclusively by hard-piping from the point of determination to a treatment process that is either the only treatment process or the first in a series of treatment processes (i.e., no treatment processes or other waste management units are used upstream of this treatment process to store, handle, or convey the wastewater), the inlet to the treatment process shall be at any location from the point of determination to where the wastewater stream enters the treatment process. When samples are taken upstream of the treatment process and before wastewater streams have converged, the owner or operator shall ensure that the mass flow rate of all Group 1 wastewater streams is accounted for when using § 63.138 (e) or (f) to comply and that the mass flow rate of all Group 1 and Group 2 wastewater streams is accounted for when using § 63.138(g) to comply, except as provided in § 63.145(a)(6).
              (ii) The owner or operator may consider the inlet to the equalization tank as the inlet to the biological treatment process if all the criteria in paragraphs (a)(9)(ii)(A) through (a)(9)(ii)(C) of this section are met. The outlet from the series of treatment processes prior to the biological treatment process is the point at which the wastewater exits the last treatment process in the series prior to the equalization tank, if the equalization tank and biological treatment process are part of a series of treatment processes. The owner or operator shall ensure that the mass flow rate of all Group 1 wastewater streams is accounted for when using § 63.138 (e) or (f) to comply and that the mass flow rate of all Group 1 and Group 2 wastewater streams is accounted for when using § 63.138(g) to comply, except as provided in § 63.145(a)(6).
              (A) The wastewater is conveyed by hard-piping from either the last previous treatment process or the point of determination to the equalization tank.
              (B) The wastewater is conveyed from the equalization tank exclusively by hard-piping to the biological treatment process and no treatment processes or other waste management units are used to store, handle, or convey the wastewater between the equalization tank and the biological treatment process.

              (C) The equalization tank is equipped with a fixed roof and a closed vent system that routes emissions to a control device that meets the requirements of § 63.133(a)(2)(i) and § 63.133 (b)(1) through (b)(4) of this subpart.
              (b) Noncombustion treatment process—concentration limits. This paragraph applies to performance tests that are conducted to demonstrate compliance of a noncombustion treatment process with the parts per million by weight wastewater stream concentration limits at the outlet of the treatment process. This compliance option is specified in § 63.138(b)(1) and § 63.138(c)(1). Wastewater samples shall be collected using sampling procedures which minimize loss of organic compounds during sample collection and analysis and maintain sample integrity per § 63.144(b)(5)(ii). Samples shall be collected and analyzed using the procedures specified in § 63.144 (b)(5)(i), (b)(5)(ii), and (b)(5)(iii) of this subpart. Samples may be grab samples or composite samples. Samples shall be taken at approximately equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of 3 runs. Concentration measurements based on Method 305 may be adjusted by dividing each concentration by the compound-specific Fm factor listed in Table 34 of this subpart. Concentration measurements based on methods other than Method 305 may be adjusted by multiplying each concentration by the compound-specific Fm factor listed in table 34 of this subpart. (For wastewater streams that are Group 1 for both Table 8 and Table 9 compounds, compliance is demonstrated only if the sum of the concentrations of Table 9 compounds is less than 50 ppmw, and the concentration of each Table 8 compound is less than 10 ppmw.)
              (c) Noncombustion, nonbiological treatment process: Percent mass removal/destruction option. This paragraph applies to performance tests that are conducted to demonstrate compliance of a noncombustion, nonbiological treatment process with the percent mass removal limits specified in § 63.138(e) (1) and (2) for Table 8 and/or Table 9 compounds. The owner or operator shall comply with the requirements specified in § 63.145 (c)(1) through (c)(6) of this subpart.
              (1) Concentration. The concentration of Table 8 and/or Table 9 compounds entering and exiting the treatment process shall be determined as provided in this paragraph. Wastewater samples shall be collected using sampling procedures which minimize loss of organic compounds during sample collection and analysis and maintain sample integrity per § 63.144(b)(5)(ii). The method shall be an analytical method for wastewater which has that compound as a target analyte. Samples may be grab samples or composite samples. Samples shall be taken at approximately equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of 3 runs. Concentration measurements based on Method 305 shall be adjusted by dividing each concentration by the compound-specific Fm factor listed in Table 34 of this subpart. Concentration measurements based on methods other than Method 305 shall not adjust by the compound-specific Fm factor listed in Table 34 of this subpart.
              (2) Flow rate. The flow rate of the entering and exiting wastewater streams shall be determined using inlet and outlet flow measurement devices, respectively. Where the outlet flow is not greater than the inlet flow, a flow measurement device shall be used, and may be used at either the inlet or outlet. Flow rate measurements shall be taken at the same time as the concentration measurements.
              (3) Calculation of mass flow rate—for noncombustion, nonbiological treatment processes. The mass flow rates of Table 8 and/or Table 9 compounds entering and exiting the treatment process are calculated as follows.

                ER17JA97.000

                ER17JA97.001

                Where:

                QMWa, QMWb = Mass flow rate of Table 8 or Table 9 compounds, average of all runs, in wastewater entering (QMWa) or exiting (QMWb) the treatment process, kilograms per hour.
                ρ = Density of the wastewater, kilograms per cubic meter.
                Qa, k, Qbb, k = Volumetric flow rate of wastewater entering (Qa, k) or exiting (Qb, k) the treatment process during each run k, cubic meters per hour.
                CT, a, k, CT, b, k = Total concentration of Table 8 or Table 9 compounds in wastewater entering (CT, a, k) or exiting (CT, b, k) the treatment process during each run k, parts per million by weight.
                p = Number of runs.
                k = Identifier for a run.
                106 = conversion factor, mg/kg

              (4) Percent removal calculation for mass flow rate. The percent mass removal across the treatment process shall be calculated as follows:

                ER17JA97.002

                Where:

                E = Removal or destruction efficiency of the treatment process, percent.
                QMWa, QMWb = Mass flow rate of Table 8 or Table 9 compounds in wastewater entering (QMWa) and exiting (QMWb) the treatment process, kilograms per hour (as calculated using Equations WW1 and WW2).

              (5) Calculation of flow-weighted average of Fr values. If complying with § 63.138(e)(2), use Equation WW8 to calculate the flow-weighted average of the Fr values listed in Table 9 of this subpart. When the term “combustion” is used in Equation WW8, the term “treatment process” shall be used for the purposes of this paragraph.
              (6) Compare mass removal efficiency to required efficiency. Compare the mass removal efficiency (calculated in Equation WW3) to the required efficiency as specified in § 63.138(e) of this subpart. If complying with § 63.138(e)(1), compliance is demonstrated if the mass removal efficiency is 99 percent or greater. If complying with § 63.138(e)(2), compliance is demonstrated if the mass removal efficiency is greater than or equal to the flow-weighted average of the Fr values calculated in Equation WW8.
              (d) Combustion treatment processes: percent mass removal/destruction option. This paragraph applies to performance tests that are conducted to demonstrate compliance of a combustion treatment process with the percent mass destruction limits specified in § 63.138(e) (1) and (2) for Table 9 compounds, and/or § 63.138(e)(1) for Table 8 compounds. The owner or operator shall comply with the requirements specified in § 63.145 (d)(1) through (d)(9) of this subpart. (Wastewater streams that are Group 1 for both Table 8 and Table 9 compounds need only do the compliance demonstration for Table 9 compounds.)
              (1) Concentration in wastewater stream entering the combustion treatment process. The concentration of Table 8 and/or Table 9 compounds entering the treatment process shall be determined as provided in this paragraph. Wastewater samples shall be collected using sampling procedures which minimize loss of organic compounds during sample collection and analysis and maintain sample integrity per § 63.144(b)(5)(ii). The method shall be an analytical method for wastewater which has that compound as a target analyte. Samples may be grab samples or composite samples. Samples shall be taken at approximately equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of 3 runs. Concentration measurements based on Method 305 of appendix A of this part shall be adjusted by dividing each concentration by the compound-specific Fm factor listed in table 34 of this subpart. Concentration measurements based on methods other than Method 305 shall not adjust by the compound-specific Fm factor listed in table 34 of this subpart.
              (2) Flow rate of wastewater entering the combustion treatment process. The flow rate of the wastewater stream entering the combustion treatment process shall be determined using an inlet flow meter. Flow rate measurements shall be taken at the same time as the concentration measurements.
              (3) Calculation of mass flow rate in wastewater stream entering combustion treatment processes. The mass flow rate of Table 8 and/or Table 9 compounds entering the treatment process is calculated as follows:

                ER17JA97.003

                Where:

                QMWa = Mass flow rate of Table 8 or Table 9 compounds entering the combustion unit, kilograms per hour.
                ρ = Density of the wastewater stream, kilograms per cubic meter.
                Qa, k = Volumetric flow rate of wastewater entering the combustion unit during run k, cubic meters per hour.
                CT, a, k = Total concentration of Table 8 or Table 9 compounds in the wastewater stream entering the combustion unit during run k, parts per million by weight.
                p = Number of runs.
                k = Identifier for a run.

              (4) Concentration in vented gas stream exiting the combustion treatment process. The concentration of Table 8 and/or Table 9 compounds exiting the combustion treatment process in any vented gas stream shall be determined as provided in this paragraph. Samples may be grab samples or composite samples. Samples shall be taken at approximately equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of 3 runs. Concentration measurements shall be determined using Method 18 of 40 CFR part 60, appendix A. Alternatively, any other test method validated according to the procedures in Method 301 of appendix A of this part may be used.
              (5) Volumetric flow rate of vented gas stream exiting the combustion treatment process. The volumetric flow rate of the vented gas stream exiting the combustion treatment process shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. Volumetric flow rate measurements shall be taken at the same time as the concentration measurements.
              (6) Calculation of mass flow rate of vented gas stream exiting combustion treatment processes. The mass flow rate of Table 8 and/or Table 9 compounds in a vented gas stream exiting the combustion treatment process shall be calculated as follows:
              (Eqn WW5) [Reserved]

                ER17JA97.005

                Where:

                CGa, i, CGb, i = Concentration of total organic compounds (TOC) (minus methane and ethane) or total organic hazardous air pollutants, in vented gas stream, entering (CGa, i) and exiting (CGb, i) the control device, dry basis, parts per million by volume.
                QMGa, QMGb = Mass rate of TOC (minus methane and ethane) or total organic hazardous air pollutants, in vented gas stream, entering (QMGa) and exiting (QMGb) the control device, dry basis, kilograms per hour.
                MWi = Molecular weight of a component, kilogram/kilogram-mole.
                QGa,QGb = Flow rate of gas stream entering (QGa) and exiting (QGb) the control device, dry standard cubic meters per hour.
                K2 = Constant, 41.57 × 10−9 (parts per million)−1 (gram-mole per standard cubic meter) (kilogram/gram), where standard temperature (gram-mole per standard cubic meter) is 20 °Celsius.
                i = Identifier for a compound.
                n = Number of components in the sample.

              (7) Destruction efficiency calculation. The destruction efficiency of the combustion unit for Table 8 and/or Table 9 compounds shall be calculated as follows:

                ER17JA97.006

                Where:

                E = Destruction efficiency of Table 8 or Table 9 compounds for the combustion unit, percent.
                QMWa = Mass flow rate of Table 8 or Table 9 compounds entering the combustion unit, kilograms per hour.
                QMGb = Mass flow rate of Table 8 or Table 9 compounds in vented gas stream exiting the combustion treatment process, kilograms per hour.

              (8) Calculation of flow-weighted average of Fr values. Use Equation WW8 to calculate the flow-weighted average of the Fr values listed in table 9 of this subpart.

                ER17JA97.007

                Where:

                Fravg = Flow-weighted average of the Fr values.
                Ci, a, k = Concentration of Table 8 and/or Table 9 compounds in wastewater stream entering the combustion unit, during run k, parts per million by weight.
                Qa, k = Volumetric flow rate of wastewater entering the combustion unit during run k, cubic meters per hour.
                Fri = Compound-specific Fr value listed in table 9 of this subpart.

              (9) Calculate flow-weighted average of Fr values and compare to mass destruction efficiency. Compare the mass destruction efficiency (calculated in Equation WW 7) to the required efficiency as specified in § 63.138(e). If complying with § 63.138(e)(1), compliance is demonstrated if the mass destruction efficiency is 99 percent or greater. If complying with § 63.138(e)(2), compliance is demonstrated if the mass destruction efficiency is greater than or equal to the flow-weighted average of the Fr value calculated in Equation WW8.
              (e) Non-combustion treatment processes including closed biological treatment processes: RMR option. This paragraph applies to performance tests for non-combustion treatment processes other than open biological treatment processes to demonstrate compliance with the mass removal provisions for Table 8 and/or Table 9 compounds. Compliance options for noncombustion treatment processes are specified in § 63.138(f) of this subpart. Compliance options for closed aerobic or anaerobic biological treatment processes are specified in § 63.138(f) and § 63.138(g) of this subpart. When complying with § 63.138(f), the owner or operator shall comply with the requirements specified in § 63.145(e)(1) through (e)(6) of this subpart. When complying with § 63.138(g), the owner or operator shall comply with the requirements specified in § 63.145(e)(1) through (e)(6) of this subpart. (Wastewater streams that are Group 1 for both Table 8 and Table 9 compounds need only do the compliance demonstration for Table 9 compounds.)
              (1) Concentration in wastewater stream. The concentration of Table 8 and/or Table 9 compounds shall be determined as provided in this paragraph. Concentration measurements to determine RMR shall be taken at the point of determination or downstream of the point of determination with adjustment for concentration change made according to § 63.144(b)(6) of this subpart. Concentration measurements to determine AMR shall be taken at the inlet and outlet to the treatment process and as provided in § 63.145(a)(7) for a series of treatment processes. Wastewater samples shall be collected using sampling procedures which minimize loss of organic compounds during sample collection and analysis and maintain sample integrity per § 63.144(b)(5)(ii). The method shall be an analytical method for wastewater which has that compound as a target analyte. Samples may be grab samples or composite samples. Samples shall be taken at approximately equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of 3 runs. Concentration measurements based on Method 305 shall be adjusted by dividing each concentration by the compound-specific Fm factor listed in table 34 of this subpart. Concentration measurements based on methods other than Method 305 shall not adjust by the compound-specific Fm factor listed in table 34 of this subpart.
              (2) Flow rate. Flow rate measurements to determine RMR shall be taken at the point of determination or downstream of the point of determination with adjustment for flow rate change made according to § 63.144(c)(4) of this subpart. Flow rate measurements to determine AMR shall be taken at the inlet and outlet to the treatment process and as provided in § 63.145(a)(7) for a series of treatment processes. Flow rate shall be determined using inlet and outlet flow measurement devices. Where the outlet flow is not greater than the inlet flow, a flow measurement device shall be used, and may be used at either the inlet or outlet. Flow rate measurements shall be taken at the same time as the concentration measurements.
              (3) Calculation of RMR for non-combustion treatment processes including closed biological treatment processes. When using § 63.138(f) to comply, the required mass removal of Table 8 and/or Table 9 compounds for each Group 1 wastewater stream shall be calculated as specified in paragraph (e)(3)(i) of this section. When using § 63.138(g) to comply, the required mass removal shall be calculated as specified in paragraph (e)(3)(ii) of this section.
              (i) When using § 63.138(f) to comply, the required mass removal of Table 8 and/or Table 9 compounds for each Group 1 wastewater stream shall be calculated using Equation WW9.

                ER17JA97.008

                Where:

                RMR = Required mass removal for treatment process or series of treatment processes, kilograms per hour.

                ρ = Density of the Group 1 wastewater stream, kilograms per cubic meter.
                Q = Volumetric flow rate of wastewater stream at the point of determination, liters per hour.
                i = Identifier for a compound.
                n = Number of Table 8 or Table 9 compounds in stream.
                Ci = Concentration of Table 8 or Table 9 compounds at the point of determination, parts per million by weight.
                Fri = Fraction removal value of a Table 8 or Table 9 compound. Fr values are listed in table 9 of this subpart.
                109 = Conversion factor, mg/kg * l/m3.

              (ii) When using § 63.138(g) to comply, the required mass removal is 95 percent of the mass flow rate for all Group 1 and Group 2 wastewater streams combined for treatment. The required mass removal of Table 8 and/or Table 9 compounds for all Group 1 and Group 2 wastewater streams combined for treatment when complying with § 63.138(g) shall be calculated using the following equation:

                ER17JA97.009

                Where:

                RMR = Required mass removal for treatment process or series of treatment processes, kilograms per hour.
                ρ = Density of the Group 1 wastewater stream, kilograms per cubic meter.
                Q = Volumetric flow rate of wastewater stream at the point of determination, liters per hour.
                i = Identifier for a compound.
                n = Number of Table 8 or Table 9 compounds in stream.
                Ci = Concentration of Table 8 or Table 9 compounds at the point of determination, parts per million by weight.
                109 = Conversion factor, mg/kg * l/m3

              (4)(i) The required mass removal is calculated by summing the required mass removal for each Group 1 wastewater stream to be combined for treatment when complying with § 63.138(f).
              (ii) The required mass removal is calculated by summing the required mass removal for all Group 1 and Group 2 wastewater streams combined for treatment when complying with § 63.138(g).
              (5) The AMR calculation procedure for non-combustion treatment processes including closed biological treatment processes. The AMR shall be calculated as follows:

                ER17JA97.010

                Where:

                AMR = Actual mass removal of Table 8 or Table 9 compounds achieved by treatment process or series of treatment processes, kilograms per hour.
                QMWa = Mass flow rate of Table 8 or Table 9 compounds in wastewater entering the treatment process or first treament process in a series of treatment processes, kilograms per hour.
                QMWb = Mass flow rate of Table 8 or Table 9 compounds in wastewater exiting the last treatment process in a series of treatment processes, kilograms per hour.

              (6) Compare RMR to AMR. When complying with § 63.138(f), compare the RMR calculated in Equation WW9 to the AMR calculated in Equation WW10. Compliance is demonstrated if the AMR is greater than or equal to the RMR. When complying with § 63.138(g), compare the RMR calculated in Equation WW-9a to the AMR calculated in Equation WW10. Compliance is demonstrated if the AMR is greater than or equal to 95-percent mass removal.
              (f) Open or closed aerobic biological treatment processes: Required mass removal (RMR) option. This paragraph applies to the use of performance tests that are conducted for open or closed aerobic biological treatment processes to demonstrate compliance with the mass removal provisions for Table 8 and/or Table 9 compounds. These compliance options are specified in § 63.138(f) of this subpart. The owner or operator shall comply with the requirements specified in § 63.145 (f)(1) through (f)(6) of this subpart. Some compounds may not require a performance test. Refer to § 63.145(h) and table 36 of this subpart to determine which compounds may be exempt from the requirements of this paragraph.
              (1) Concentration in wastewater stream. The concentration of Table 8 and/or Table 9 compounds shall be determined as provided in this paragraph. Concentration measurements to determine RMR shall be taken at the point of determination or downstream of the point of determination with adjustment for concentration change made according to § 63.144(b)(6) of this subpart. Concentration measurements to determine AMR shall be taken at the inlet and outlet to the treatment process and as provided in § 63.145(a)(7) for a series of treatment processes. Wastewater samples shall be collected using sampling procedures which minimize loss of organic compounds during sample collection and analysis and maintain sample integrity per § 63.144(b)(5)(ii). The method shall be an analytical method for wastewater which has that compound as a target analyte. Samples may be grab samples or composite samples. Samples shall be taken at approximately equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of 3 runs. Concentration measurements based on Method 305 shall be adjusted by dividing each concentration by the compound-specific Fm factor listed in table 34 of this subpart. Concentration measurements based on methods other than Method 305 shall not adjust by the compound-specific Fm factor listed in table 34 of this subpart.
              (2) Flow rate. Flow rate measurements to determine RMR shall be taken at the point of determination or downstream of the point of determination with adjustment for flow rate change made according to § 63.144(c)(4) of this subpart. Flow rate measurements to determine AMR shall be taken at the inlet and outlet to the treatment process and as provided in § 63.145(a)(7) for a series of treatment processes. Flow rate shall be determined using inlet and outlet flow measurement devices. Where the outlet flow is not greater than the inlet flow, a flow measurement device shall be used, and may be used at either the inlet or outlet. Flow rate measurements shall be taken at the same time as the concentration measurements.
              (3) Calculation of RMR for open or closed aerobic biological treatment processes. The required mass removal of Table 8 and/or Table 9 compounds for each Group 1 wastewater stream shall be calculated using the following equation:

                ER17JA97.011

                Where:

                RMR = Required mass removal for treatment process or series of treatment processes, kilograms per hour.
                ρ = Density of the Group 1 wastewater stream, kilograms per cubic meter.
                Q = Volumetric flow rate of wastewater stream at the point of determination, liters per hour.
                i = Identifier for a compound.
                n = Number of Table 8 or Table 9 compounds in stream.
                Ci = Concentration of Table 8 or Table 9 compounds at the point of determination, parts per million by weight.
                Fri = Fraction removal value of a Table 8 or Table 9 compound. Fr values are listed in table 9 of this subpart.
                109 = Conversion factor, mg/kg * l/m3.

              (4) The required mass removal is calculated by adding together the required mass removal for each Group 1 wastewater stream to be combined for treatment.

              (5) Actual mass removal calculation procedure for open or closed aerobic biological treatment processes. The actual mass removal (AMR) shall be calculated using Equation WW12 as specified in paragraph (f)(5)(i) of this section when the performance test is performed across the open or closed aerobic biological treatment process only. If compliance is being demonstrated in accordance with § 63.145(a)(7)(i), the AMR for the series shall be calculated using Equation WW13 in § 63.145(f)(5)(ii). (This equation is for situations where treatment is performed in a series of treatment processes connected by hard-piping.) If compliance is being demonstrated in accordance with § 63.145(a)(7)(ii), the AMR for the biological treatment process shall be calculated using Equation WW12 in § 63.145(f)(5)(i). The AMR for the biological treatment process used in a series of treatment processes calculated using Equation WW12 shall be added to the AMR determined for each of the other individual treatment processes in the series of treatment processes.
              (i) Calculate AMR for the open or closed aerobic biological treatment process as follows:

                ER17JA97.012

                Where:

                AMR = Actual mass removal of Table 8 or Table 9 compounds achieved by open or closed biological treatment process, kilograms per hour.
                QMWa = Mass flow rate of Table 8 or Table 9 compounds in wastewater entering the treatment process, kilograms per hour.
                Fbio = Site-specific fraction of Table 8 or Table 9 compounds biodegraded. Fbio shall be determined as specified in § 63.145(h) and appendix C of this subpart.

              (ii) Calculate AMR across a series of treatment units where the last treatment unit is an open or closed aerobic biological treatment process as follows:

                ER17JA97.013

                Where:

                AMR = Actual mass removal of Table 8 or Table 9 compounds achieved by a series of treatment processes, kilograms per hour.
                QMWa = Mass flow rate of Table 8 or Table 9 compounds in wastewater entering the first treatment process in a series of treatment processes, kilograms per hour.
                QMWb = Mass flow rate of Table 8 or Table 9 compounds in wastewater exiting the last treatment process in a series of treatment processes prior to the biological treatment process, kilograms per hour.
                Fbio = Site-specific fraction of Table 8 or Table 9 compounds biodegraded. Fbio shall be determined as specified in § 63.145(h) and appendix C of this subpart.

              (6) Compare RMR to AMR. Compare the RMR calculated in Equation WW11 to the AMR calculated in either Equation WW12 or WW13, as applicable. Compliance is demonstrated if the AMR is greater than or equal to the RMR.
              (g) Open or closed aerobic biological treatment processes: 95-percent mass removal option. This paragraph applies to performance tests that are conducted for open or closed aerobic biological treatment processes to demonstrate compliance with the 95-percent mass removal provisions for Table 8 and/or Table 9 compounds. This compliance option is specified in § 63.138(g) of this subpart. The RMR for this option is 95-percent mass removal. The owner or operator shall comply with the requirements specified in § 63.145(g)(1) to determine AMR, § 63.145 (e)(3)(ii) and (e)(4)(ii) to determine RMR, and (g)(2) of this subpart to determine whether compliance has been demonstrated. Some compounds may not require a performance test. Refer to § 63.145(h) and table 36 of this subpart to determine which compounds may be exempt from the requirements of this paragraph. (Wastewater streams that are Group 1 for both Table 8 and Table 9 compounds need only do the compliance demonstration for Table 9 compounds.)

              (1) The owner or operator shall comply with the requirements specified in paragraphs (f)(1), (f)(2), and (f)(5) of this section to determine AMR. References to Group 1 wastewater streams shall be deemed Group 1 and Group 2 wastewater streams for the purposes of this paragraph.
              (2) Compare RMR to AMR. Compliance is demonstrated if the AMR is greater than or equal to RMR.
              (h) Site-specific fraction biodegraded (Fbio). The compounds listed in table 9 of this subpart are divided into two sets for the purpose of determining whether Fbio must be determined, and if Fbio must be determined, which procedures may be used to determine compound-specific kinetic parameters. These sets are designated as lists 1 and 2 in table 36 of this subpart.
              (1) Performance test exemption. If a biological treatment process meets the requirements specified in paragraphs (h)(1)(i) and (h)(1)(ii) of this section, the owner or operator is not required to determine Fbio and is exempt from the applicable performance test requirements specified in § 63.138 of this subpart.
              (i) The biological treatment process meets the definition of “enhanced biological treatment process” in § 63.111 of this subpart.
              (ii) At least 99 percent by weight of all compounds on table 36 of this subpart that are present in the aggregate of all wastewater streams using the biological treatment process to comply with § 63.138 of this subpart are compounds on list 1 of table 36 of this subpart.
              (2) F
                bio determination. If a biological treatment process does not meet the requirement specified in paragraph (h)(1)(i) of this section, the owner or operator shall determine Fbio for the biological treatment process using the procedures in appendix C to part 63, and paragraph (h)(2)(ii) of this section. If a biological treatment process meets the requirements of paragraph (h)(1)(i) of this section but does not meet the requirement specified in paragraph (h)(1)(ii) of this section, the owner or operator shall determine Fbio for the biological treatment process using the procedures in appendix C to part 63, and paragraph (h)(2)(i) of this section.
              (i) Enhanced biological treatment processes. If the biological treatment process meets the definition of “enhanced biological treatment process” in § 63.111 of this subpart and the wastewater streams include one or more compounds on list 2 of table 36 of this subpart that do not meet the criteria in paragraph (h)(1)(ii) of this section, the owner or operator shall determine fbio for the list 2 compounds using any of the procedures specified in appendix C of 40 CFR part 63. (The symbol “fbio” represents the site specific fraction of an individual Table 8 or Table 9 compound that is biodegraded.) The owner or operator shall calculate fbio for the list 1 compounds using the defaults for first order biodegradation rate constants (K1) in table 37 of subpart G and follow the procedure explained in form III of appendix C, 40 CFR part 63, or any of the procedures specified in appendix C, 40 CFR part 63.
              (ii) Biological treatment processes that are not enhanced biological treatment processes. For biological treatment processes that do not meet the definition for “enhanced biological treatment process” in § 63.111 of this subpart, the owner or operator shall determine the fbio for the list 1 and 2 compounds using any of the procedures in appendix C to part 63, except procedure 3 (inlet and outlet concentration measurements). (The symbol “fbio” represents the site specific fraction of an individual Table 8 or Table 9 compound that is biodegraded.)
              (i) Performance tests for control devices other than flares. This paragraph applies to performance tests that are conducted to demonstrate compliance of a control device with the efficiency limits specified in § 63.139(c). If complying with the 95-percent reduction efficiency requirement, comply with the requirements specified in paragraphs (i)(1) through (i)(9) of this section. If complying with the 20 ppm by volume requirement, comply with the requirements specified in paragraphs (i)(1) through (i)(6) and (i)(9) of this section. The 20 ppm by volume limit or 95-percent reduction efficiency requirement shall be measured as either total organic hazardous air pollutants or as TOC minus methane and ethane.
              (1) Sampling sites. Sampling sites shall be selected using Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate. For determination of compliance with the 95 percent reduction requirement, sampling sites shall be located at the inlet and the outlet of the control device. For determination of compliance with the 20 parts per million by volume limit, the sampling site shall be located at the outlet of the control device.
              (2) Concentration in gas stream entering or exiting the control device. The concentration of total organic hazardous air pollutants or TOC in a gas stream shall be determined as provided in this paragraph. Samples may be grab samples or composite samples (i.e., integrated samples). Samples shall be taken at approximately equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of 3 runs. Concentration measurements shall be determined using Method 18 of 40 CFR part 60, appendix A. Alternatively, any other test method validated according to the procedures in Method 301 of appendix A of this part may be used.
              (3) Volumetric flow rate of gas stream entering or exiting the control device. The volumetric flow rate of the gas stream shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. Volumetric flow rate measurements shall be taken at the same time as the concentration measurements.
              (4) Calculation of TOC concentration. The TOC concentration (CGT) is the sum of the concentrations of the individual components. If compliance is being determined based on TOC, the owner or operator shall compute TOC for each run using the following equation:

                ER17JA97.014

                Where:

                CGT = Total concentration of TOC (minus methane and ethane) in vented gas stream, average of samples, dry basis, parts per million by volume.
                CGSi j = Concentration of sample components in vented gas stream for sample j, dry basis, parts per million by volume.
                i = Identifier for a compound.
                n = Number of components in the sample.
                j = Identifier for a sample.
                m = Number of samples in the sample run.

              (5) Calculation of total organic hazardous air pollutants concentration. The owner or operator determining compliance based on total organic hazardous air pollutants concentration (CHAP) shall compute CHAP according to the Equation WW14, except that only Table 9 compounds shall be summed.
              (6) Percent oxygen correction for combustion control devices. If the control device is a combustion device, comply with the requirements specified in paragraph (i)(6)(i) of this section to determine oxygen concentration, and in paragraph (i)(6)(ii) of this section to calculate the percent oxygen correction.
              (i) Oxygen concentration. The concentration of TOC or total organic hazardous air pollutants shall be corrected to 3 percent oxygen if the control device is a combustion device. The emission rate correction factor for excess air, composite sampling (i.e., integrated sampling) and analysis procedures of Method 3B of 40 CFR part 60, appendix A shall be used to determine the actual oxygen concentration (%02d). The samples shall be taken during the same time that the TOC (minus methane or ethane) or total organic hazardous air pollutants samples are taken.
              (ii) 3 percent oxygen calculation. The concentration corrected to 3 percent oxygen (CGc), when required, shall be computed using the following equation:

                ER17JA97.015

                Where:

                CGc = Concentration of TOC or organic hazardous air pollutants corrected to 3 percent oxygen, dry basis, parts per million by volume.
                CGT = Total concentration of TOC (minus methane and ethane) in vented gas stream, average of samples, dry basis, parts per million by volume.
                %02d = Concentration of oxygen measured in vented gas stream, dry basis, percent by volume.

              (7) Mass rate calculation. The mass rate of either TOC (minus methane and ethane) or total organic hazardous air pollutants shall be calculated using the following equations. Where the mass rate of TOC is being calculated, all organic compounds (minus methane and ethane) measured by methods specified in paragraph (i)(2) of this section are summed using Equations WW16 and WW17. Where the mass rate of total organic hazardous air pollutants is being calculated, only Table 9 compounds shall be summed using Equations WW16 and WW17.

                ER17JA97.016

                ER17JA97.017

                Where:

                CGa, i, CGb, i = Concentration of TOC (minus methane and ethane) or total organic hazardous air pollutants, in vented gas stream, entering (CGa, i) and exiting (CGb, i) the control device, dry basis, parts per million by volume.
                QMGa, QMGb = Mass rate of TOC (minus methane and ethane) or total organic hazardous air pollutants, in vented gas stream, entering (QMGa) and exiting (QMGb) the control device, dry basis, kilograms per hour.
                MWi = Molecular weight of a component, kilogram/kilogram-mole.
                QGa, QGb = Flow rate of gas stream entering (QGa) and exiting (QGb) the control device, dry standard cubic meters per hour.
                K2 = Constant, 41.57 × 10−9 (parts per million)−1 (gram-mole per standard cubic meter) (kilogram/gram), where standard temperature (gram-mole per standard cubic meter) is 20 °Celsius.
                i = Identifier for a compound.
                n = Number of components in the sample.

              (8) Percent reduction calculation. The percent reduction in TOC (minus methane and ethane) or total organic hazardous air pollutants shall be calculated as follows:

                ER17JA97.018

                Where:

                E = Destruction efficiency of control device, percent.
                QMGa, QMGb = Mass rate of TOC (minus methane and ethane) or total organic hazardous air pollutants, in vented gas stream entering and exiting (QMGb) the control device, dry basis, kilograms per hour.

              (9) Compare mass destruction efficiency to required efficiency. If complying with the 95 percent reduction efficiency requirement, compliance is demonstrated if the mass destruction efficiency (calculated in Equation WW18) is 95 percent or greater. If complying with the 20 parts per million by volume limit in § 63.139 (c)(1)(ii) of this subpart, compliance is demonstrated if the outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration is 20 parts per million by volume, or less. For combustion control devices, the concentration shall be calculated on a dry basis, corrected to 3 percent oxygen.
              (j) When a flare is used to comply with § 63.139(c), the owner or operator shall comply with paragraphs (j)(1) through (3) of this section. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration.
              (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4).
              (2) Determine the net heating value of the gas being combusted using the techniques specified in § 63.11(b)(6).
              (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate.
              [62 FR 2765, Jan. 17, 1997, as amended at 63 FR 67793, Dec. 9, 1998; 64 FR 20192, Apr. 26, 1999; 66 FR 6933, Jan. 22, 2001]

              § 63.146
              Process wastewater provisions—reporting.
              (a) For each waste management unit, treatment process, or control device used to comply with §§ 63.138 (b)(1), (c)(1), (d), (e), (f), or (g) of this subpart for which the owner or operator seeks to monitor a parameter other than those specified in table 11, table 12, or table 13 of this subpart, the owner or operator shall submit a request for approval to monitor alternative parameters according to the procedures specified in § 63.151(f) or (g) of this subpart.
              (b) The owner or operator shall submit the information specified in paragraphs (b)(1) through (b)(9) of this section as part of the Notification of Compliance Status required by § 63.152(b) of this subpart.
              (1) Requirements for Group 2 wastewater streams. This paragraph does not apply to Group 2 wastewater streams that are used to comply with § 63.138(g). For Group 2 wastewater streams, the owner or operator shall include the information specified in paragraphs (b)(1)(i) through (iv) of this section in the Notification of Compliance Status Report. This information may be submitted in any form. Table 15 of this subpart is an example.
              (i) Process unit identification and description of the process unit.
              (ii) Stream identification code.
              (iii) For existing sources, concentration of table 9 compound(s) in parts per million, by weight. For new sources, concentration of table 8 and/or table 9 compound(s) in parts per million, by weight. Include documentation of the methodology used to determine concentration.
              (iv) Flow rate in liter per minute.
              (2) For each new and existing source, the owner or operator shall submit the information specified in table 15 of this subpart for Table 8 and/or Table 9 compounds.
              (3) [Reserved]
              (4) For each treatment process identified in table 15 of this subpart that receives, manages, or treats a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, the owner or operator shall submit the information specified in table 17 of this subpart.
              (5) For each waste management unit identified in table 15 of this subpart that receives or manages a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, the owner or operator shall submit the information specified in table 18 of this subpart.
              (6) For each residual removed from a Group 1 wastewater stream, the owner or operator shall report the information specified in table 19 of this subpart.

              (7) For each control device used to comply with §§ 63.133 through 63.139 of this subpart, the owner or operator shall report the information specified in paragraphs (b)(7)(i) and (b)(7)(ii) of this section.

              (i) For each flare, the owner or operator shall submit the information specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C) of this section.
              (A) Flare design (i.e., steam-assisted, air-assisted, or non-assisted);
              (B) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.139(c)(3) of this subpart; and
              (C) Reports of the times and durations of all periods during the compliance determination when the pilot flame is absent or the monitor is not operating.
              (ii) For each control device other than a flare, the owner or operator shall submit the information specified in paragraph (b)(7)(ii)(A) of this section and in either paragraph (b)(7)(ii)(B) or (b)(7)(ii)(C) of this section.
              (A) The information on parameter ranges specified in § 63.152(b)(2) of this subpart for the applicable parameters specified in table 13 of this subpart, unless the parameter range has already been established in the operating permit; and either
              (B) The design evaluation specified in § 63.139(d)(2) of this subpart; or
              (C) Results of the performance test specified in § 63.139(d)(1) of this subpart. Performance test results shall include operating ranges of key process and control parameters during the performance test; the value of each parameter being monitored in accordance with § 63.143 of this subpart; and applicable supporting calculations.
              (8) For each treatment process used to comply with § 63.138(b)(1), (c)(1), (d), (e), (f), or (g) of this subpart, the owner or operator shall submit the information specified in paragraphs (b)(8)(i) and (b)(8)(ii) of this section.
              (i) For Items 1 and 2 in table 12 of this subpart, the owner or operator shall submit the information specified in paragraphs (b)(8)(i)(A) and (b)(8)(i)(B) of this section. An owner or operator using the design steam stripper compliance option specified § 63.138(d) of this subpart does not have to submit the information specified in paragraph (b)(8)(i)(A) or (b)(8)(i)(B) of this section. However, the monitoring requirements specified in Item 2 of table 12 of this subpart still apply.
              (A) The information on parameter ranges specified in § 63.152(b)(2) of this subpart for the parameters approved by the Administrator, unless the parameter range has already been established in the operating permit.
              (B) Results of the initial measurements of the parameters approved by the Administrator and any applicable supporting calculations.
              (ii) For Item 3 in table 12 of this subpart, the owner or operator shall submit the information on parameter ranges specified in § 63.152(b)(2) of this subpart for the parameters specified in Item 3 of table 12 of this subpart, unless the parameter range has already been established in the operating permit.
              (9) For each waste management unit or treatment process used to comply with § 63.138(b)(1), (c)(1), (e), (f), or (g), the owner or operator shall submit the information specified in either paragraph (b)(9)(i) or (ii) of this section.
              (i) The design evaluation and supporting documentation specified in § 63.138(j)(1) of this subpart.
              (ii) Results of the performance test specified in § 63.138(j)(2) of this subpart. Performance test results shall include operating ranges of key process and control parameters during the performance test; the value of each parameter being monitored in accordance with § 63.143 of this subpart; and applicable supporting calculations.

              (c) For each waste management unit that receives, manages, or treats a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, the owner or operator shall submit as part of the next Periodic Report required by § 63.152(c) of this subpart the results of each inspection required by § 63.143(a) of this subpart in which a control equipment failure was identified. Control equipment failure is defined for each waste management unit in §§ 63.133 through 63.137 of this subpart. Each Periodic Report shall include the date of the inspection, identification of each waste management unit in which a control equipment failure was detected, description of the failure, and description of the nature of and date the repair was made.

              (d) Except as provided in paragraph (f) of this section, for each treatment process used to comply with § 63.138(b)(1), (c)(1), (d), (e) , (f), or (g), the owner or operator shall submit as part of the next Periodic Report required by § 63.152(c) the information specified in paragraphs (d)(1), (2), and (3) of this section for the monitoring required by § 63.143(b), (c), and (d).
              (1) For Item 1 in table 12, the owner or operator shall submit the results of measurements that indicate that the biological treatment unit is outside the range established in the Notification of Compliance Status or operating permit.
              (2) For Item 2 in table 12, the owner or operator shall submit the monitoring results for each operating day during which the daily average value of a continuously monitored parameter is outside the range established in the Notification of Compliance Status or operating permit.
              (3) For Item 3 in table 12 of this subpart, the owner or operator shall submit the monitoring results for each operating day during which the daily average value of any monitored parameter approved in accordance with § 63.151 (f) was outside the range established in the Notification of Compliance Status or operating permit.
              (e) Except as provided in paragraph (f) of this section, for each control device used to comply with §§ 63.133 through 63.139 of this subpart, the owner or operator shall submit as part of the next Periodic Report required by § 63.152(c) of this subpart the information specified in either paragraph (e)(1) or (e)(2) of this section.
              (1) The information specified in table 20 of this subpart, or
              (2) If the owner or operator elects to comply with § 63.143(e)(2) of this subpart, i.e., an organic monitoring device installed at the outlet of the control device, the owner or operator shall submit the monitoring results for each operating day during which the daily average concentration level or reading is outside the range established in the Notification of Compliance Status or operating permit.
              (f) Where the owner or operator obtains approval to use a treatment process or control device other than one for which monitoring requirements are specified in § 63.143 of this subpart, or to monitor parameters other than those specified in table 12 or 13 of this subpart, the Administrator will specify appropriate reporting requirements.
              (g) If an extension is utilized in accordance with § 63.133(e)(2) or § 63.133(h) of this subpart, the owner or operator shall include in the next periodic report the information specified in § 63.133 (e)(2) or § 63.133(h).
              [62 FR 2774, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999; 66 FR 6933, Jan. 22, 2001]

              § 63.147
              Process wastewater provisions—recordkeeping.
              (a) The owner or operator transferring a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream in accordance with § 63.132(g) of this subpart shall keep a record of the notice sent to the treatment operator stating that the wastewater stream or residual contains organic hazardous air pollutants which are required to be managed and treated in accordance with the provisions of this subpart.
              (b) The owner or operator shall keep in a readily accessible location the records specified in paragraphs (b)(1) through (8) of the section.
              (1) A record that each waste management unit inspection required by §§ 63.133 through 63.137 of this subpart was performed.
              (2) A record that each inspection for control devices required by § 63.139 of this subpart was performed.
              (3) A record of the results of each seal gap measurement required by §§ 63.133(d) and 63.137(c) of this subpart. The records shall include the date of the measurement, the raw data obtained in the measurement, and the calculations described in § 63.120(b)(2), (3), and (4) of this subpart.
              (4) For Item 1 and Item 3 of table 12 of this subpart, the owner or operator shall keep the records approved by the Administrator.

              (5) Except as provided in paragraph (e) of this section, continuous records of the monitored parameters specified in Item 2 of table 12 and table 13 of this subpart, and in § 63.143(e)(2) of this subpart.

              (6) Documentation of a decision to use an extension, as specified in § 63.133(e)(2) or (h) of this subpart, which shall include a description of the failure, documentation that alternate storage capacity is unavailable, and specification of a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical.
              (7) Documentation of a decision to use a delay of repair due to unavailability of parts, as specified in § 63.140(c), shall include a description of the failure, the reason additional time was necessary (including a statement of why replacement parts were not kept on site and when the manufacturer promised delivery), and the date when repair was completed.
              (8) Requirements for Group 2 wastewater streams. This paragraph (b)(8) does not apply to Group 2 wastewater streams that are used to comply with § 63.138(g). For all other Group 2 wastewater streams, the owner or operator shall keep in a readily accessible location the records specified in paragraphs (b)(8)(i) through (iv) of this section.
              (i) Process unit identification and description of the process unit.
              (ii) Stream identification code.
              (iii) For existing sources, concentration of table 9 compound(s) in parts per million, by weight. For new sources, concentration of table 8 and/or table 9 compound(s) in parts per million, by weight. Include documentation of the methodology used to determine concentration.
              (iv) Flow rate in liter per minute.
              (c) For each boiler or process heater used to comply with §§ 63.133 through 63.139 of this subpart, the owner or operator shall keep a record of any changes in the location at which the vent stream is introduced into the flame zone as required in § 63.139(c)(1) of this subpart.
              (d) The owner or operator shall keep records of the daily average value of each continuously monitored parameter for each operating day as specified in § 63.152(f), except as provided in paragraphs (d)(1) through (3) of this section.
              (1) For flares, records of the times and duration of all periods during which the pilot flame is absent shall be kept rather than daily averages.
              (2) Regenerative carbon adsorbers. For regenerative carbon adsorbers, the owner or operator shall keep the records specified in paragraphs (d)(2)(i) and (ii) of this section instead of daily averages.
              (i) Records of the total regeneration stream mass flow for each carbon bed regeneration cycle.
              (ii) Records of the temperature of the carbon bed after each regeneration cycle.
              (3) Non-regenerative carbon adsorbers. For non-regenerative carbon adsorbers using organic monitoring equipment, the owner or operator shall keep the records specified in paragraph (d)(3)(i) of this section instead of daily averages. For non-regenerative carbon adsorbers replacing the carbon adsorption system with fresh carbon at a regular predetermined time interval that is less than the carbon replacement interval that is determined by the maximum design flow rate and organic concentration in the gas stream vented to the carbon adsorption system, the owner or operator shall keep the records specified in paragraph (d)(3)(ii) of this section instead of daily averages.
              (i)(A) Record of how the monitoring frequency, as specified in table 13 of this subpart, was determined.
              (B) Records of when organic compound concentration of adsorber exhaust was monitored.
              (C) Records of when the carbon was replaced.
              (ii)(A) Record of how the carbon replacement interval, as specified in table 13 of this subpart, was determined.
              (B) Records of when the carbon was replaced.
              (e) Where the owner or operator obtains approval to use a control device other than one for which monitoring requirements are specified in § 63.143 of this subpart, or to monitor parameters other than those specified in table 12 or table 13 of this subpart, the Administrator will specify appropriate recordkeeping requirements.

              (f) If the owner or operator uses process knowledge to determine the annual average concentration of a wastewater stream as specified in § 63.144(b)(3) of this subpart and/or uses process knowledge to determine the annual average flow rate as specified in § 63.144(c)(1) of this subpart, and determines that the wastewater stream is not a Group 1 wastewater stream, the owner or operator shall keep in a readily accessible location the documentation of how process knowledge was used to determine the annual average concentration and/or the annual average flow rate of the wastewater stream.
              [62 FR 2775, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999; 66 FR 6933, Jan. 22, 2001]

              § 63.148
              Leak inspection provisions.
              (a) Except as provided in paragraph (k) of this section, for each vapor collection system, closed-vent system, fixed roof, cover, or enclosure required to comply with this section, the owner or operator shall comply with the requirements of paragraphs (b) through (j) of this section.
              (b) Except as provided in paragraphs (g) and (h) of this section, each vapor collection system and closed-vent system shall be inspected according to the procedures and schedule specified in paragraphs (b)(1) and (b)(2) of this section and each fixed roof, cover, and enclosure shall be inspected according to the procedures and schedule specified in paragraph (b)(3) of this section.
              (1) If the vapor collection system or closed vent system is constructed of hard-piping, the owner or operator shall:
              (i) Conduct an initial inspection according to the procedures in paragraph (c) of this section, and
              (ii) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks.
              (2) If the vapor collection system or closed vent system is constructed of ductwork, the owner or operator shall:
              (i) Conduct an initial inspection according to the procedures in paragraph (c) of this section, and
              (ii) Conduct annual inspections according to the procedures in paragraph (c) of this section.
              (iii) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks.
              (3) For each fixed roof, cover, and enclosure, the owner or operator shall conduct initial visual inspections and semi-annual visual inspections for visible, audible, or olfactory indications of leaks as specified in §§ 63.133 through 63.137 of this subpart.
              (c) Each vapor collection system and closed vent system shall be inspected according to the procedures specified in paragraphs (c)(1) through (c)(5) of this section.
              (1) Inspections shall be conducted in accordance with Method 21 of 40 CFR part 60, appendix A.
              (2)(i) Except as provided in paragraph (c)(2)(ii) of this section, the detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the process fluid not each individual volatile organic compound in the stream. For process streams that contain nitrogen, air, or other inerts which are not organic hazardous air pollutants or volatile organic compounds, the average stream response factor shall be calculated on an inert-free basis.
              (ii) If no instrument is available at the plant site that will meet the performance criteria specified in paragraph (c)(2)(i) of this section, the instrument readings may be adjusted by multiplying by the average response factor of the process fluid, calculated on an inert-free basis as described in paragraph (c)(2)(i) of this section.
              (3) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A.
              (4) Calibration gases shall be as follows:
              (i) Zero air (less than 10 parts per million hydrocarbon in air); and

              (ii) Mixtures of methane in air at a concentration less than 10,000 parts per million. 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 criteria specified in paragraph (c)(2)(i) 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.

              (5) An owner or operator may elect to adjust or not adjust instrument readings for background. If an owner or operator elects to not adjust readings for background, all such instrument readings shall be compared directly to the applicable leak definition to determine whether there is a leak. If an owner or operator elects to adjust instrument readings for background, the owner or operator shall measure background concentration using the procedures in §§ 63.180(b) and (c) of subpart H of this part. The owner or operator shall subtract background reading from the maximum concentration indicated by the instrument.
              (6) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 parts per million for determining compliance.
              (d) Leaks, as indicated by an instrument reading greater than 500 parts per million above background or by visual inspections, shall be repaired as soon as practicable, except as provided in paragraph (e) of this section.
              (1) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected.
              (2) Repair shall be completed no later than 15 calendar days after the leak is detected, except as provided in paragraph (d)(3) of this section.
              (3) For leaks found in vapor collection systems used for transfer operations, repairs shall be completed no later than 15 calendar days after the leak is detected or at the beginning of the next transfer loading operation, whichever is later.
              (e) Delay of repair of a vapor collection system, closed vent system, fixed roof, cover, or enclosure for which leaks have been detected is allowed if the repair is technically infeasible without a shutdown, as defined in § 63.101 of subpart F of this part, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be complete by the end of the next shutdown.
              (f) For each vapor collection system or closed vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall comply with the provisions of either paragraph (f)(1) or (f)(2) of this section, except as provided in paragraph (f)(3) of this section.
              (1) Install, calibrate, maintain, and operate a flow indicator that determines whether vent stream flow is present at least once every 15 minutes. Records shall be generated as specified in § 63.118(a)(3) of this subpart. The flow indicator shall be installed at the entrance to any bypass line; or
              (2) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure the valve is maintained in the closed position and the vent stream is not diverted through the bypass line.
              (3) Equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph.
              (g) Any parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated, as described in paragraph (i)(1) of this section, as unsafe to inspect are exempt from the inspection requirements of paragraphs (b)(1), (b)(2), and (b)(3)(i) of this section if:
              (1) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraphs (b)(1), (b)(2), or (b)(3)(i) of this section; and
              (2) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times.

              (h) Any parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated, as described in paragraph (i)(2) of this section, as difficult to inspect are exempt from the inspection requirements of paragraphs (b)(1), (b)(2), and (b)(3)(i) of this section if:

              (1) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and
              (2) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years.
              (i) The owner or operator shall record the information specified in paragraphs (i)(1) through (i)(5) of this section.
              (1) Identification of all parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated as unsafe to inspect, an explanation of why the equipment is unsafe to inspect, and the plan for inspecting the equipment.
              (2) Identification of all parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated as difficult to inspect, an explanation of why the equipment is difficult to inspect, and the plan for inspecting the equipment.
              (3) For each vapor collection system or closed vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall keep a record of the information specified in either paragraph (i)(3)(i) or (i)(3)(ii) of this section.
              (i) Hourly records of whether the flow indicator specified under paragraph (f)(1) of this section was operating and whether a diversion was detected at any time during the hour, 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 (f)(2) of this section, hourly records of flow are not required. In such cases, the owner or operator shall record whether the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type configuration has been checked out, and records of any car-seal that has broken.
              (4) For each inspection during which a leak is detected, a record of the information specified in paragraphs (i)(4)(i) through (i)(4)(viii) of this section.
              (i) The instrument identification numbers; operator name or initials; and identification of the equipment.
              (ii) The date the leak was detected and the date of the first attempt to repair the leak.
              (iii) Maximum instrument reading measured by the method specified in paragraph (d) of this section after the leak is successfully repaired or determined to be nonrepairable.
              (iv) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
              (v) The name, initials, or other form of identification of the owner or operator (or designee) whose decision it was that repair could not be effected without a shutdown.
              (vi) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.
              (vii) Dates of shutdowns that occur while the equipment is unrepaired.
              (viii) The date of successful repair of the leak.
              (5) For each inspection conducted in accordance with paragraph (c) of this section during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected.
              (6) For each visual inspection conducted in accordance with paragraph (b)(1)(ii) or (b)(3)(ii) of this section during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected.
              (j) The owner or operator shall submit with the reports required by § 63.182(b) of subpart H of this part or with the reports required by § 63.152(c) of this subpart, the information specified in paragraphs (j)(1) through (j)(3) of this section.
              (1) The information specified in paragraph (i)(4) of this section;

              (2) Reports of the times of all periods recorded under paragraph (i)(3)(i) of this section when the vent stream is diverted from the control device through a bypass line; and

              (3) Reports of all periods recorded under paragraph (i)(3)(ii) of this section in which the seal mechanism is broken, the bypass line valve position has changed, or the key to unlock the bypass line valve was checked out.
              (k) If a closed-vent system subject to this section is also subject to § 63.172 of subpart H of this part, the owner or operator shall comply with the provisions of § 63.172 of subpart H of this part and is exempt from the requirements of this section.
              [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 62 FR 2775, Jan. 17, 1997; 64 FR 20192, Apr. 26, 1999]

              § 63.149
              Control requirements for certain liquid streams in open systems within a chemical manufacturing process unit.
              (a) The owner or operator shall comply with the provisions of table 35 of this subpart, for each item of equipment meeting all the criteria specified in paragraphs (b) through (d) and either paragraph (e)(1) or (e)(2) of this section.
              (b) The item of equipment is of a type identified in table 35 of this subpart;
              (c) The item of equipment is part of a chemical manufacturing process unit that meets the criteria of § 63.100(b) of subpart F of this part;
              (d) The item of equipment is controlled less stringently than in table 35 and is not listed in § 63.100(f) of subpart F of this part, and the item of equipment is not otherwise exempt from controls by the provisions of subparts A, F, G, or H of this part; and
              (e) The item of equipment:
              (1) is a drain, drain hub, manhole, lift station, trench, pipe, or oil/water separator that conveys water with a total annual average concentration greater than or equal to 10,000 parts per million by weight of Table 9 compounds at any flowrate; or a total annual average concentration greater than or equal to 1,000 parts per million by weight of Table 9 compounds at an annual average flow rate greater than or equal to 10 liters per minute. At a chemical manufacturing process unit subject to the new source requirements of 40 CFR 63.100(l)(1) or 40 CFR 63.100(l)(2), the criteria of this paragraph are also met if the item of equipment conveys water with an annual average concentration greater than or equal to 10 parts per million by weight of any Table 8 compound at an annual average flow rate greater than or equal to 0.02 liter per minute, or
              (2) Is a tank that receives one or more streams that contain water with a total annual average concentration greater than or equal to 1,000 ppm (by weight) of Table 9 compounds at an annual average flowrate greater than or equal to 10 liters per minute. At a chemical manufacturing process unit subject to the new source requirements of 40 CFR 63.100(l)(1) or 40 CFR 63.100 (l)(2), the criteria of this paragraph are also met if the tank receives one or more streams that contain water with an annual average concentration greater than or equal to 10 parts per million by weight of any Table 8 compound at an annual average flow rate greater than or equal to 0.02 liter per minute. The owner or operator of the source shall determine the characteristics of the stream as specified in paragraphs (e)(2) (i) and (ii) of this section.
              (i) The characteristics of the stream being received shall be determined at the inlet to the tank.
              (ii) The characteristics shall be determined according to the procedures in § 63.144 (b) and (c).
              [62 FR 2776, Jan. 17, 1997]

              § 63.150
              Emissions averaging provisions.
              (a) This section applies to owners or operators of existing sources who seek to comply with the emission standard in § 63.112(a) of this subpart by using emissions averaging according to § 63.112(f) of this subpart rather than following the provisions of §§ 63.113 through 63.148 of this subpart. Notwithstanding the definition of process vent in § 63.101 and the sampling site designation in § 63.115(a), for purposes of this section the location of a process vent shall be defined, and the characteristics of its gas stream shall be determined, consistent with paragraph (g)(2)(i) of this section.

              (b) Unless an operating permit application has been submitted, the owner or operator shall develop and submit for approval an Implementation Plan containing all of the information required in § 63.151(d) of this subpart for all points to be included in an emissions average. The Implementation Plan or operating permit application shall identify all emission points to be included in the emissions average. This must include any Group 1 emission points to which the reference control technology (defined in § 63.111 of this subpart) is not applied and all other emission points being controlled as part of the average.
              (c) The following emission points can be used to generate emissions averaging credits, if control was applied after November 15, 1990 and if sufficient information is available to determine the appropriate value of credits for the emission point:
              (1) Group 2 emission points.
              (2) Group 1 emission points that are controlled by a technology that the Administrator or permitting authority agrees has a higher nominal efficiency than the reference control technology. Information on the nominal efficiencies for such technologies must be submitted and approved as provided in paragraph (i) of this section.
              (3) Emission points from which emissions are reduced by pollution prevention measures. Percent reductions for pollution prevention measures shall be determined as specified in paragraph (j) of this section.
              (i) For a Group 1 emission point, the pollution prevention measure must reduce emissions more than the reference control technology would have had the reference control technology been applied to the emission point instead of the pollution prevention measure except as provided in paragraph (c)(3)(ii) of this section.
              (ii) If a pollution prevention measure is used in conjunction with other controls for a Group 1 emission point, the pollution prevention measure alone does not have to reduce emissions more than the reference control technology, but the combination of the pollution prevention measure and other controls must reduce emissions more than the reference control technology would have had it been applied instead.
              (d) The following emission points cannot be used to generate emissions averaging credits:
              (1) Emission points already controlled on or before November 15, 1990, unless the level of control is increased after November 15, 1990, in which case credit will be allowed only for the increase in control after November 15, 1990.
              (2) Group 1 emission points that are controlled by a reference control technology, unless the reference control technology has been approved for use in a different manner and a higher nominal efficiency has been assigned according to the procedures in paragraph (i) of this section. For example, it is not allowable to claim that an internal floating roof meeting the specifications of § 63.119(b) of this subpart applied to a storage vessel is achieving greater than 95 percent control.
              (3) Emission points on shut-down process units. Process units that are shut down cannot be used to generate credits or debits.
              (4) Wastewater that is not process wastewater or wastewater streams treated in biological treatment units. These two types of wastewater cannot be used to generate credits or debits. For the purposes of this section, the terms wastewater and wastewater stream are used to mean process wastewater.
              (5) Emission points controlled to comply with a State or Federal rule other than this subpart, unless the level of control has been increased after November 15, 1990 above what is required by the other State or Federal rule. Only the control above what is required by the other State or Federal rule will be credited. However, if an emission point has been used to generate emissions averaging credit in an approved emissions average, and the point is subsequently made subject to a State or Federal rule other than this subpart, the point can continue to generate emissions averaging credit for the purpose of complying with the previously approved average.
              (e) For all points included in an emissions average, the owner or operator shall:

              (1) Calculate and record monthly debits for all Group 1 emission points that are controlled to a level less stringent than the reference control technology for those emission points. Equations in paragraph (g) of this section shall be used to calculate debits.
              (2) Calculate and record monthly credits for all Group 1 or Group 2 emission points that are overcontrolled to compensate for the debits. Equations in paragraph (h) of this section shall be used to calculate credits. Emission points and controls that meet the criteria of paragraph (c) of this section may be included in the credit calculation, whereas those described in paragraph (d) of this section shall not be included.
              (3) Demonstrate that annual credits calculated according to paragraph (h) of this section are greater than or equal to debits calculated for the same annual compliance period according to paragraph (g) of this section.
              (i) The owner or operator may choose to include more than the required number of credit-generating emission points in an average in order to increase the likelihood of being in compliance.
              (ii) The initial demonstration in the Implementation Plan or operating permit application that credit-generating emission points will be capable of generating sufficient credits to offset the debits from the debit-generating emission points must be made under representative operating conditions. After the compliance date, actual operating data will be used for all debit and credit calculations.
              (4) Demonstrate that debits calculated for a quarterly (3-month) period according to paragraph (g) of this section are not more than 1.30 times the credits for the same period calculated according to paragraph (h) of this section. Compliance for the quarter shall be determined based on the ratio of credits and debits from that quarter, with 30 percent more debits than credits allowed on a quarterly basis.
              (5) Record and report quarterly and annual credits and debits in the Periodic Reports as specified in § 63.152(c) of this subpart. Every fourth Periodic Report shall include a certification of compliance with the emissions averaging provisions as required by § 63.152(c)(5)(iv)(B) of this subpart.
              (f) Debits and credits shall be calculated in accordance with the methods and procedures specified in paragraphs (g) and (h) of this section, respectively, and shall not include emissions from the following:
              (1) More than 20 individual Group 1 or Group 2 emission points. Where pollution prevention measures (as specified in paragraph (j)(1) of this section) are used to control emission points to be included in an emissions average, no more than 25 emission points may be included in the average. For example, if two emission points to be included in an emissions average are controlled by pollution prevention measures, the average may include up to 22 emission points.
              (2) Periods of start-up, shutdown, and malfunction as described in the source's start-up, shutdown, and malfunction plan required by § 63.6(e)(3) of subpart A of this part.
              (3) Periods of monitoring excursions as defined in § 63.152(c)(2)(ii)(A) of this subpart. For these periods, the calculation of monthly credits and debits shall be adjusted as specified in paragraphs (f)(3)(i) through (f)(3)(iii) of this section.
              (i) No credits would be assigned to the credit-generating emission point.
              (ii) Maximum debits would be assigned to the debit-generating emission point.
              (iii) The owner or operator may demonstrate to the Administrator that full or partial credits or debits should be assigned using the procedures in paragraph (l) of this section.
              (g) Debits are generated by the difference between the actual emissions from a Group 1 emission point that is uncontrolled or is controlled to a level less stringent than the reference control technology, and the emissions allowed for the Group 1 emission point. Debits shall be calculated as follows:
              (1) The overall equation for calculating source-wide debits is:

                ER22AP94.245

                where:

                Debits and all terms of the equation are in units of megagrams per month, and
                EPViACTUAL = Emissions from each Group 1 process vent i that is uncontrolled or is controlled to a level less stringent than the reference control technology. This is calculated according to paragraph (g)(2) of this section.
                (0.02) EPViu = Emissions from each Group 1 vent i if the reference control technology had been applied to the uncontrolled emissions, calculated according to paragraph (g)(2) of this section.
                ESiACTUAL = Emissions from each Group 1 storage vessel i that is uncontrolled or is controlled to a level less stringent than the reference control technology. This is calculated according to paragraph (g)(3) of this section.
                (0.05) ESiu = Emissions from each Group 1 storage vessel i if the reference control technology had been applied to the uncontrolled emissions, calculated according to paragraph (g)(3) of this section.
                ETRiACTUAL = Emissions from each Group 1 transfer rack i that is uncontrolled or is controlled to a level less stringent than the reference control technology. This is calculated according to paragraph (g)(4) of this section.
                (0.02) ETRiu = Emissions from each Group 1 transfer rack i if the reference control technology had been applied to the uncontrolled emissions, calculated according to paragraph (g)(4) of this section.
                EWWiACTUAL = Emissions from each Group 1 wastewater stream i that is uncontrolled or is controlled to a level less stringent than the reference control technology. This is calculated according to paragraph (g)(5) of this section.
                EWWic = Emissions from each Group 1 wastewater stream i if the reference control technology had been applied to the uncontrolled emissions. This is calculated according to paragraph (g)(5) of this section.
                n = The number of emission points being included in the emissions average. The value of n is not necessarily the same for process vents, storage vessels, transfer racks, and wastewater.

              (2) Emissions from process vents shall be calculated according to paragraphs (g)(2)(i) through (iii) of this section.
              (i) The location of a process vent shall be defined, and the characteristics of its gas stream shall be determined at a point that meets the conditions in either paragraph (g)(2)(i)(A) or (B) of this section and the conditions in paragraphs (g)(2)(i)(C) through (E) of this section.
              (A) The point is after the final recovery device (if any recovery devices are present).
              (B) If a gas stream included in an emissions average is combined with one or more other gas streams after a final recovery device (if any recovery devices are present), then for each gas stream, the point is at a representative point after any final recovery device and as near as feasible to, but before, the point of combination of the gas streams.
              (C) The point is before any control device (for process vents, recovery devices shall not be considered control devices).
              (D) The point is before discharge to the atmosphere.
              (E) The measurement site for determination of the characteristics of the gas stream was selected using Method 1 or 1A of 40 CFR part 60, appendix A.

              (ii) The following equation shall be used for each process vent i to calculate EPViu:

                ER22AP94.246

                where:

                EPViu = Uncontrolled process vent emission rate from process vent i, megagrams per month.
                Q = Vent stream flow rate, dry standard cubic meters per minute, measured using Method 2, 2A, 2C, or 2D of part 60, appendix A, as appropriate.
                h = Monthly hours of operation during which positive flow is present in the vent, hours per month.
                Cj = Concentration, parts per million by volume, dry basis, of organic HAP j as measured by Method 18 of part 60, appendix A.
                Mj = Molecular weight of organic HAP j, gram per gram-mole.
                n = Number of organic HAP's.

              (A) The values of Q, Cj, and Mj shall be determined during a performance test conducted under representative operating conditions. The values of Q, Cj, and Mj shall be established in the Notification of Compliance Status and must be updated as provided in paragraph (g)(2)(ii)(B) of this section.

              (B) If there is a change in capacity utilization other than a change in monthly operating hours, or if any other change is made to the process or product recovery equipment or operation such that the previously measured values of Q, Cj, and Mj are no longer representative, a new performance test shall be conducted to determine new representative values of Q, Cj, and Mj. These new values shall be used to calculate debits and credits from the time of the change forward, and the new values shall be reported in the next Periodic Report.

              (iii) The following procedures and equations shall be used to calculate EPViACTUAL:

              (A) If the vent is not controlled by a control device or pollution prevention measure, EPViACTUAL = EPViu, where EPViu is calculated according to the procedures in paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
              (B) If the vent is controlled using a control device or a pollution prevention measure achieving less than 98-percent reduction,

                ER22AP94.247

              (1) The percent reduction shall be measured according to the procedures in § 63.116 of this subpart if a combustion control device is used. For a flare meeting the criteria in § 63.116(a) of this subpart, or a boiler or process heater meeting the criteria in § 63.116(b) of this subpart, the percent reduction shall be 98 percent. If a non-combustion control device is used, percent reduction shall be demonstrated by a performance test at the inlet and outlet of the device, or, if testing is not feasible, by a control design evaluation and documented engineering calculations.
              (2) For determining debits from Group 1 process vents, recovery devices shall not be considered control devices and cannot be assigned a percent reduction in calculating EPViACTUAL. The sampling site for measurement of uncontrolled emissions is after the final recovery device. However, as provided in § 63.113(a)(3), a Group 1 process vent may add sufficient recovery to raise the TRE index value above 1.0, thereby becoming a Group 2 process vent.
              (3) Procedures for calculating the percent reduction of pollution prevention measures are specified in paragraph (j) of this section.
              (3) Emissions from storage vessels shall be calculated as follows:

              (i) The following equation shall be used for each storage vessel i to calculate ESiu:

                ER22AP94.248

                where:

                ESiu = Uncontrolled emissions, defined as emissions from a fixed roof vessel having identical dimensions and vessel color as vessel i, megagrams per month.
                LB = Breathing loss emissions, megagrams per year, calculated according to paragraph (g)(3)(i)(A) of this section.
                LW = Working loss emissions, megagrams per year, calculated according to paragraph (g)(3)(i)(B) of this section.
                12 = Constant, months per year.

              (A) Breathing loss emissions shall be calculated using the following equation:

                ER22AP94.249

                where:

                Mv = Molecular weight of vapor in storage vessel, pound per pound-mole.
                PA = Average atmospheric pressure, pounds per square inch absolute.
                P = True vapor pressure of the HAP at liquid storage temperature, pounds per square inch absolute. See table 21 of this subpart.
                D = Tank diameter, feet.
                H = Average vapor space height, feet. Use vessel-specific values or an assumed value of one-half the height.
                Δ T = Average ambient diurnal temperature change, °F. A typical value of 20 °F may be used.
                Fp = Paint factor, dimensionless, from table 22 of this subpart; use Fp = 1 for vessels located indoors.
                C = Adjustment factor for small diameter tanks, dimensionless; use C = 1 for diameter ≥30 feet; use C = 0.0771D − 0.0013D2 − 0.1334 for diameter <30 feet.
                KC = Product factor, dimensionless. Use 1.0 for organic HAP's.

              (B) Working losses shall be calculated using the following equation:

              LW = 1.089 × 10−8 Mv (P)(V)(N) (KN) (KC)

                where:

                V = Tank capacity, gallon.
                N = Number of turnovers per year.
                KN = Turnover factor, dimensionless, and

                ER22AP94.250

                Mv, P, and KC as defined in paragraph (g)(3)(i)(A) of this section.

              (C) The owner or operator may elect to calculate ESiu in accordance with the methods described in American Petroleum Institute Publication 2518, Evaporative Loss from Fixed-Roof Tanks (incorporated by reference as specified in § 63.14 of this part).
              (1) The owner or operator who elects to use these alternative methods must use them for all storage vessels included in the emissions average as debit or credit generating points.
              (2) The equations of paragraphs (g)(3)(i)(A) and (g)(3)(i)(B) of this section shall not be used in conjunction with the alternative methods provided under paragraph (g)(3)(i)(C) of this section.

              (ii) The following procedures and equations shall be used for each fixed roof storage vessel i that is not controlled with a floating roof to calculate ESiACTUAL:
              (A) If the vessel is not controlled, ESiACTUAL = ESiu, where ESiu is calculated according to the procedures in paragraph (g)(3)(i) of this section.
              (B) Except as provided in paragraph (g)(3)(ii)(C) of this section, if the vessel is controlled using a control device or pollution prevention measure achieving less than 95-percent reduction,

                ER22AP94.251

              (1) The percent reduction for a control device shall be determined through a design evaluation according to the procedures specified in § 63.120(d) of this subpart.
              (2) Procedures for calculating the percent reduction for pollution prevention measures are specified in paragraph (j) of this section.

              (C) If the vessel is controlled according to the provisions of § 63.119(e)(2) of this section whereby the control device is only required to achieve at least 90-percent reduction, the vessel shall not be considered to be generating debits.

              (iii) The following equation shall be used for each internal floating roof vessel i that does not meet the specifications of § 63.119(b) or (d) of this subpart to calculate ESiACTUAL:

                ER22AP94.252

                where:

                LW = Withdrawal loss emissions, megagrams per year, calculated according to paragraph (g)(3)(iii)(A) of this section.
                LR = Rim seal loss emissions, megagrams per year, calculated according to paragraph (g)(3)(iii)(B) of this section.
                LF = Fitting loss emissions, megagrams per year, calculated according to paragraph (g)(3)(iii)(C) of this section.
                LD = Deck seam loss emissions, megagrams per year, calculated according to paragraph (g)(3)(iii)(D) of this section.
                12 = Constant, months per year.

              (A) Withdrawal loss emissions shall be calculated using the following equation:

                ER22AP94.253

                where:

                Q = Throughput, gallon per year; (gallon/turnover) * (turnovers per year).
                C = Shell clingage factor, barrel per 1,000 square foot, see table 23 of this subpart.
                WL = Average liquid density, pound per gallon.
                D = Tank diameter, feet.
                Nc = Number of columns, dimensionless, see table 24 of this subpart.
                Fc = Effective column diameter, feet [column perimeter (feet) ÷ 3.1416], see table 25 of this subpart.

              (B) Rim seal loss emissions shall be calculated using the following equation:

                ER22AP94.254

                where:

                Mv = Molecular weight of vapor in storage vessel, pound per pound-mole.
                D = Tank diameter, feet.
                Kc = Product factor, dimensionless; use 1.0 for organic HAP's.
                Ks = Seal factor, pound-mole per [foot (miles per hour)n year], see table 26 of this subpart.
                V = Average wind speed at the source, miles per hour. A value of 10 miles per hour may be assumed if source-specific data are not available.
                n = Seal related wind speed exponent, dimensionless, see table 26 of this subpart.
                2,205 = Constant, pounds per megagram.
                P* = Vapor pressure function, dimensionless, and

                ER22AP94.255

                where:

                PA = Average atmospheric pressure, pounds per square inch absolute.
                P = True vapor pressure at liquid storage temperature, pounds per square inch absolute.

              (C) Fitting loss emissions shall be calculated using the following equation:

                ER22AP94.256

                where:

                Ff = The total deck fitting loss factor, pound-mole per year, and
                where:

                  ER22AP94.257

                NFi = Number of fittings of a particular type, dimensionless. NFi is determined for the specific tank or estimated from tables 24 and 27 of this subpart.
                KFi = Deck fitting loss factor for a particular type fitting, pound-mole per year. KFi is determined for each fitting type from table 27 of this subpart.

                n = Number of different types of fittings, dimensionless.
                P*, Mv, Kc, and 2,205 as defined in paragraph (g)(3)(iii)(B) of this section.

              (D) Deck seam loss emissions shall be calculated using the following equation:

                ER22AP94.258

                where:

                KD = Deck seam loss factor, pound-mole per foot per year, and
                KD = 0.34 for non-welded decks.
                KD = 0 for welded decks.
                SD = Deck seam length factor, feet per square foot, see table 28 of this subpart.
                D, P*, Mv, Kc, and 2,205 as defined in paragraph (g)(3)(iii)(B) of this section.

              (iv) The following equation shall be used for each external floating roof vessel i that does not meet the specifications of § 63.119(c) of this subpart to calculate ESiACTUAL:

                ER22AP94.259

                where:

                LW = Withdrawal loss emissions, megagrams per year, calculated according to paragraph (g)(3)(iv)(A) of this section.
                LR = Rim seal loss emissions, megagrams per year, calculated according to paragraph (g)(3)(iv)(B) of this section.
                LF = Fitting loss emissions, megagrams per year, calculated according to paragraph (g)(3)(iv)(C) of this section.
                12 = Constant, months per year.

              (A) Withdrawal loss emissions shall be calculated using the following equation:

                ER22AP94.260

                where:

                Q = Throughput, gallons per year.
                C = Shell clingage factor, barrel per 1,000 square foot, see table 23 of this subpart.
                WL = Average liquid density, pound per gallon.
                D = Vessel diameter, feet.

              (B) Rim seal loss emissions shall be calculated using the following equation:

                ER22AP94.261

                where:

                Ks = Seal factor, pound-mole per [foot (miles per hour)N year], see table 29 of this subpart.
                V = Average wind speed, miles per hour, at the source. A value of 10 miles per hour may be assumed if source-specific data are not available.
                N = Seal wind speed exponent, dimensionless, see table 29 of this subpart.
                P* = Vapor pressure function, dimensionless, as defined in paragraph (g)(3)(iii)(B) of this section.
                D = Vessel diameter, feet.
                MV = Molecular weight of the HAP, pound per pound-mole.
                Kc = Product factor, dimensionless; use 1.0 for organic HAP's.
                2,205 = Constant, pounds per megagram.

              (C) Fitting loss emissions shall be calculated using the following equation:

                ER22AP94.262

                where:

                FF = The total deck fitting loss factor, pound-mole per year, and

                ER22AP94.263

                where:

                NFi = Number of fittings of a particular type, dimensionless. NFi is determined for the specific tank or estimated from tables 30 through 32 of this subpart.
                KFi = Deck fitting loss factor for a particular type fitting, pound-mole per year, and

                KFi = KFai + KFbi Vmi, pound-mole per year, see table 30 of this subpart for the appropriate values of KFa, KFb, and m for each fitting type.
                V, P*, Mv, Kc, and 2,205 as defined in paragraph (g)(3)(iv)(B) of this section.

              (4) Emissions from transfer racks shall be calculated as follows:

              (i) The following equation shall be used for each transfer rack i to calculate ETRiu:

                ER22AP94.264

                where:

                ETRiu = Uncontrolled transfer HAP emission rate from transfer rack i, megagrams per month.
                S = Saturation factor, dimensionless (see table 33 of this subpart).
                P = Weighted average rack partial pressure of organic HAP's transferred at the rack during the month, kilopascals.
                M = Weighted average molecular weight of organic HAP's transferred at the transfer rack during the month, gram per gram-mole.
                G = Monthly volume of organic HAP's transferred, liters per month.
                T = Weighted rack bulk liquid loading temperature during the month, Kelvin ( °C + 273).

              (ii) The following equation shall be used for each transfer rack i to calculate the weighted average rack partial pressure:

                ER22AP94.265

                where:

                Pj = Maximum true vapor pressure of individual organic HAP transferred at the rack, kilopascals.
                G = Monthly volume of organic HAP transferred, liters per month, and

                ER22AP94.266

                Gj = Monthly volume of individual organic HAP transferred at the transfer rack, liters per month.
                n = Number of organic HAP's transferred at the transfer rack.

              (iii) The following equation shall be used for each transfer rack i to calculate the weighted average rack molecular weight:

                ER22AP94.267

                where:

                Mj = Molecular weight of individual organic HAP transferred at the rack, gram per gram-mole.
                G, Gj, and n as defined in paragraph (g)(4)(ii) of this section.

              (iv) The following equation shall be used for each transfer rack i to calculate the monthly weighted rack bulk liquid loading temperature:

                ER22AP94.268

                where:

                Tj = Average annual bulk temperature of individual organic HAP loaded at the transfer rack, Kelvin ((°C + 273).
                G, Gj, and n as defined in paragraph (g)(4)(ii) of this section.

              (v) The following procedures and equations shall be used to calculate ETRiACTUAL:
              (A) If the transfer rack is not controlled, ETRiACTUAL = ETRiu, where ETRiu is calculated using the equations specified in paragraphs (g)(4)(i) through (g)(4)(iv) of this section.
              (B) If the transfer rack is controlled using a control device or a pollution prevention measure achieving less than the 98-percent reduction,

                ER22AP94.269

              (1) The percent reduction for a control device shall be measured according to the procedures and test methods specified in § 63.128(a) of this subpart. For a flare meeting the criteria in § 63.128(b) of this subpart or a boiler or process heater meeting the criteria in § 63.128(c) of this subpart, the percent reduction shall be 98 percent. If testing is not feasible, percent reduction shall be determined through a design evaluation according to the procedures specified in § 63.128(h) of this subpart.
              (2) Procedures for calculating the percent reduction for pollution prevention measures are specified in paragraph (j) of this section.
              (5) Emissions from wastewater shall be calculated as follows:

              (i) The following equation shall be used for each wastewater stream i to calculate EWWic:

                ER26AP99.004

                where:

                EWWic = Monthly wastewater stream emission rate if wastewater stream i is controlled by the reference control technology, megagrams per month.
                Qi = Average flow rate for wastewater stream i, as determined by the procedure in § 63.144(c)(3), liters per minute.
                Hi = Number of hours during the month that wastewater stream i was generated, hours per month.
                s = Total number of table 9 HAP in wastewater stream i.
                Frm = Fraction removed of table 9 HAP m in wastewater, from table 9, dimensionless.
                Fem = Fraction emitted of table 9 HAP m in wastewater, from table 34, dimensionless.
                HAPim = Average concentration of table 9 HAP m in wastewater stream i, parts per million by weight.

              (A) HAPim shall be determined for the point of determination or, at a location downstream of the point of determination and adjusted according as specified in § 63.144(b)(6) of this subpart, by developing and using the sampling plan specified in § 63.144(b)(5)(ii) of this subpart. The samples collected may be analyzed by any of the methods specified in § 63.144(b)(5)(i)(B) through (b)(5)(i)(F) of this subpart. Concentration measurements based on Method 305 shall be adjusted by dividing each concentration by the compound-specific Fm factor listed on table 34 of this subpart. Concentration measurements other than Method 305 shall not be adjusted by the compound-specific Fm factor listed in table 34 of this subpart.
              (B) Values for Qi, HAPim, and Cim shall be determined during a performance test conducted under representative conditions as specified in § 63.145(a)(3) and (a)(4) of this subpart. The average value obtained from three test runs shall be used. The values of Qi, HAPim, and Cim shall be established in the Notification of Compliance Status and must be updated as provided in paragraph (g)(5)(i)(C) of this section.

              (C) If there is a change to the process or operation such that the previously measured values of Qi, HAPim, and Cim are no longer representative, a new performance test shall be conducted to determine new representative values of Qi, HAPim, and Cim. These new values shall be used to calculate debits and credits from the time of the change forward, and the new values shall be reported in the next Periodic Report.

              (ii) The following equation shall be used to calculate EWWiACTUAL for each wastewater stream i that is not managed according to the provisions for waste management units of §§ 63.133 through 63.137 of this subpart, as applicable, which specify equipment and work practices for suppressing and controlling vapors. Qi, Hi, s, Fem, and HAPim are as defined and determined according to paragraph (g)(5)(i) of this section.

                ER26AP99.005

                Where:

                EWWiACTUAL = Monthly wastewater stream emission rate if wastewater stream i is uncontrolled or is controlled to a level less stringent than the reference control technology, megagrams per month.

              (iii) The following equation shall be used to calculate EWWiACTUAL for each wastewater stream i that is managed according to the requirements of §§ 63.133 through 63.137 of this subpart, as applicable, and wastewater stream i is uncontrolled or is controlled to a level less stringent than the reference control technology (for the purposes of the wastewater emissions averaging provisions, the term control is used to mean treatment). Qi, Hi, s, Fem, and HAPim are as defined and determined according to paragraph (g)(5)(i) of this section.

                ER26AP99.006

                Where:

                EWWiACTUAL = Monthly wastewater stream emission rate if wastewater stream i is uncontrolled or is controlled to a level less stringent than the reference control technology, megagrams per month.
                PRim = The efficiency of the treatment process, or series of treatment processes, which treat wastewater stream i, in reducing the emission potential of table 9 HAP m in wastewater, dimensionless, as calculated by:

                ER26AP99.007

                Where:

                HAPim-in = Average concentration of table 9 HAP m, parts per million by weight, as defined and determined according to paragraph (g)(5)(i) of this section, in the wastewater entering the first treatment process in the series.
                HAPim-out = Average concentration of table 9 HAP m, parts per million by weight, as defined and determined according to paragraph (g)(5)(i) of this section, in the wastewater exiting the last treatment process in the series.
                Ri = Reduction efficiency of the device used to control any vapor streams emitted and collected from wastewater stream i during treatment, dimensionless, as determined according to the procedures in § 63.145(i) or (j) of this subpart.

              (h) Credits are generated by the difference between emissions that are allowed for each Group 1 and Group 2 emission point and the actual emissions from a Group 1 or Group 2 emission point that has been controlled after November 15, 1990 to a level more stringent than what is required by this subpart or any other State or Federal rule or statute. Credits shall be calculated as follows:
              (1) The overall equation for calculating source-wide credits is:

                ER22AP94.550

                where:

                Credits and all terms of the equation are in units of megagrams per month, the baseline date is November 15, 1990, and:
                D = Discount factor = 0.9 for all credit generating emission points except those controlled by a pollution prevention measure, which will not be discounted.
                EPV1iACTUAL = Emissions for each Group 1 process vent i that is controlled to a level more stringent than the reference control technology, calculated according to paragraph (h)(2) of this section.
                (0.02) EPV1iu = Emissions from each Group 1 process vent i if the reference control technology had been applied to the uncontrolled emissions. EPV1iu is calculated according to paragraph (h)(2) of this section.

                EPV2iACTUAL = Emissions from each Group 2 process vent i that is controlled, calculated according to paragraph (h)(2) of this section.
                EPV2iBASE = Emissions from each Group 2 process vent i at the baseline date, as calculated in paragraph (h)(2) of this section.
                ES1iACTUAL = Emissions from each Group 1 storage vessel i that is controlled to a level more stringent than the reference control technology, calculated according to paragraph (h)(3) of this section.
                (0.05) ES1iu = Emissions from each Group 1 storage vessel i if the reference control technology had been applied to the uncontrolled emissions. ES1iu is calculated according to paragraph (h)(3) of this section.
                ES2iACTUAL = Emissions from each Group 2 storage vessel i that is controlled, calculated according to paragraph (h)(3) of this section.
                ES2iBASE = Emissions from each Group 2 storage vessel i at the baseline date, as calculated in paragraph (h)(3) of this section.
                ETR1iACTUAL = Emissions from each Group 1 transfer rack i that is controlled to a level more stringent than the reference control technology, calculated according to paragraph (h)(4) of this section.
                (0.02) ETR1iu = Emissions from each Group 1 transfer rack i if the reference control technology had been applied to the uncontrolled emissions. ETR1iu is calculated according to paragraph (h)(4) of this section.
                ETR2iACTUAL = Emissions from each Group 2 transfer rack i that are controlled, calculated according to paragraph (h)(4) of this section.
                ETR2iBASE = Emissions from each Group 2 transfer rack i at the baseline date, as calculated in paragraph (h)(4) of this section.
                EWW1iACTUAL = Emissions from each Group 1 wastewater stream i that is controlled to a level more stringent than the reference control technology, calculated according to paragraph (h)(5) of this section.
                EWW1ic = Emissions from each Group 1 wastewater stream i if the reference control technology had been applied to the uncontrolled emissions, calculated according to paragraph (h)(5) of this section.
                EWW2iACTUAL = Emissions from each Group 2 wastewater stream i that is controlled, calculated according to paragraph (h)(5) of this section.
                EWW2iBASE = Emissions from each Group 2 wastewater stream i at the baseline date, calculated according to paragraph (h)(5) of this section.
                n = Number of Group 1 emission points included in the emissions average. The value of n is not necessarily the same for process vents, storage vessels, transfer racks, and wastewater.
                m = Number of Group 2 emission points included in the emissions average. The value of m is not necessarily the same for process vents, storage vessels, transfer racks, and wastewater.

              (i) For an emission point controlled using a reference control technology, the percent reduction for calculating credits shall be no greater than the nominal efficiency associated with the reference control technology, unless a higher nominal efficiency is assigned as specified in paragraph (h)(1)(ii) of this section.
              (ii) For an emission point controlled to a level more stringent than the reference control technology, the nominal efficiency for calculating credits shall be assigned as described in paragraph (i) of this section. A reference control technology may be approved for use in a different manner and assigned a higher nominal efficiency according to the procedures in paragraph (i) of this section.
              (iii) For an emission point controlled using a pollution prevention measure, the nominal efficiency for calculating credits shall be as determined as described in paragraph (j) of this section.
              (2) Emissions from process vents shall be determined as follows:

              (i) Uncontrolled emissions from Group 1 process vents, EPV1iu, shall be calculated according to the procedures and equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this section.

              (ii) Actual emissions from Group 1 process vents controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent emission reduction, EPV1iACTUAL, shall be calculated according to the following equation:

                ER22AP94.275

              (iii) The following procedures shall be used to calculate actual emissions from Group 2 process vents, EPV2iACTUAL:
              (A) For a Group 2 process vent controlled by a control device, a recovery device applied as a pollution prevention project, or a pollution prevention measure, if the control achieves a percent reduction less than or equal to 98 percent reduction,

                ER22AP94.276

              (1) EPV2iu shall be calculated according to the equations and procedures for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this section, except as provided in paragraph (h)(2)(iii)(A)(3) of this section.
              (2) The percent reduction shall be calculated according to the procedures in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of this section, except as provided in paragraph (h)(2)(iii)(A)(4) of this section.
              (3) If a recovery device was added as part of a pollution prevention project, EPV2iu shall be calculated prior to that recovery device. The equation for EPViu in paragraph (g)(2)(ii) of this section shall be used to calculate EPV2iu; however, the sampling site for measurement of vent stream flow rate and organic HAP concentration shall be at the inlet of the recovery device.
              (4) If a recovery device was added as part of a pollution prevention project, the percent reduction shall be demonstrated by conducting a performance test at the inlet and outlet of that recovery device.
              (B) For a Group 2 process vent controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent reduction,

                ER22AP94.277

              (iv) Emissions from Group 2 process vents at baseline, EPV2iBASE, shall be calculated as follows:

              (A) If the process vent was uncontrolled on November 15, 1990, EPV2iBASE = EPV2iu and shall be calculated according to the procedures and equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this section.
              (B) If the process vent was controlled on November 15, 1990,

                ER22AP94.278

                where EPV2iu is calculated according to the procedures and equation for EPViu in paragraphs (g)(2)(i) and (g)(2)(ii) of this section. The percent reduction shall be calculated according to the procedures specified in paragraphs (g)(2)(iii)(B)(1) through (g)(2)(iii)(B)(3) of this section.

              (C) If a recovery device was added to a process vent as part of a pollution prevention project initiated after November 15, 1990, EPV2iBASE = EPV2iu, where EPV2iu is calculated according to paragraph (h)(2)(iii)(A)(3) of this section.
              (3) Emissions from storage vessels shall be determined as follows:

              (i) Uncontrolled emissions from Group 1 storage vessels, ES1iu, shall be calculated according to the equations and procedures for ESiu in paragraph (g)(3)(i) of this section.

              (ii) Actual emissions from Group 1 storage vessels controlled using a technology with an approved nominal efficiency greater than 95 percent or a pollution prevention measure achieving greater than 95 percent emission reduction, ES1iACTUAL, shall be calculated according to the following equation:

                ER22AP94.279

              (iii) The following procedures shall be used to calculate actual emissions from Group 2 storage vessels, ES2iACTUAL:
              (A) For a Group 2 storage vessel controlled using a control device or a pollution prevention measure (other than an internal or external floating roof) achieving a percent reduction less than or equal to 95-percent reduction,

                ER22AP94.280

              (1) ES2iu is calculated according to the equations and procedures for ESiu in paragraph (g)(3)(i) of this section.
              (2) The percent reduction shall be calculated according to the procedures in paragraphs (g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this section.
              (3) If an internal or external floating roof meeting the specifications of § 63.119 (b), (c), or (d) of this subpart is used to control the vessel, the percent reduction shall be 95 percent.

              (B) If a Group 2 storage vessel is controlled with an internal or external floating roof not meeting the specifications of § 63.119 (b), (c), or (d) of this subpart, ES2iACTUAL shall be calculated as specified for ESiACTUAL in paragraph (g)(3)(iii) or (g)(3)(iv) of this section.
              (C) For a Group 2 storage vessel controlled using a technology with an approved nominal efficiency greater than 95 percent or a pollution prevention measure achieving greater than 95 percent reduction,

                ER22AP94.281

              (iv) Emissions from Group 2 storage vessels at baseline, ES2iBASE, shall be calculated as follows:

              (A) If the fixed-roof vessel was uncontrolled on November 15, 1990, ES2iBASE = ES2iu and shall be calculated according to the procedures and equations for ESiu in paragraph (g)(3)(i) of this section.
              (B) If the storage vessel was controlled on November 15, 1990:
              (1) The equations for ESiACTUAL in paragraph (g)(3)(iii) of this section shall be used to calculate ES2iBASE for vessels controlled with an internal floating roof that does not meet the specifications of § 63.119 (b) or (d) of this subpart.
              (2) The equations for ESiACTUAL in paragraph (g)(3)(iv) of this section shall be used to calculate ES2iBASE for vessels controlled with an external floating roof that does not meet the specifications of § 63.119(c) of this subpart.
              (3) The following equations shall be used to calculate ES2iBASE for vessels controlled with a control device,

                ER22AP94.282

                where ES2iu shall be calculated according to the equations for ESiu in paragraph (g)(3)(i) of this section. The percent reduction shall be calculated according to the procedures in paragraphs (g)(3)(ii)(B)(1) and (g)(3)(ii)(B)(2) of this section.

              (4) Emissions from transfer racks shall be determined as follows:

              (i) Uncontrolled emissions from Group 1 transfer racks, ETR1iu, shall be calculated according to the procedures and equations for ETRiu as described in paragraphs (g)(4)(i) through (g)(4)(iv) of this section.

              (ii) Actual emissions from Group 1 transfer racks controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent emission reduction, ETRiACTUAL, shall be calculated according to the following equation:

                ER22AP94.283

              (iii) The following procedures shall be used to calculate actual emissions from Group 2 transfer racks, ETR2iACTUAL:
              (A) For a Group 2 transfer rack controlled by a control device or a pollution prevention measure achieving a percent reduction less than or equal to 98 percent reduction,

                ER22AP94.284

              (1) ETR2iu shall be calculated according to the equations and procedures for ETRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of this section.
              (2) The percent reduction shall be calculated according to the procedures in paragraph (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this section.

              (B) For a Group 2 transfer rack controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent reduction,

                ER22AP94.285

              (iv) Emissions from Group 2 transfer racks at baseline, ETR2iBASE, shall be calculated as follows:

              (A) If the transfer rack was uncontrolled on November 15, 1990, ETR2iBASE = ETR2iu and shall be calculated according to the procedures and equations for ETRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of this section.
              (B) If the transfer rack was controlled on November 15, 1990,

                ER22AP94.286

                where ETR2iu is calculated according to the procedures and equations for ETRiu in paragraphs (g)(4)(i) through (g)(4)(iv) of this section. Percent reduction shall be calculated according to the procedures in paragraphs (g)(4)(v)(B)(1) and (g)(4)(v)(B)(2) of this section.

              (5) Emissions from wastewater shall be determined as follows:
              (i) EWW1ic shall be calculated according to the equation for EWWic in paragraph (g)(5)(i) of this section.
              (ii) EWW2iBASE shall be calculated according to the equation for EWWiACTUAL in paragraph (g)(5)(ii) of this section for each Group 2 wastewater stream i, which on November 15, 1990, was not managed according to the requirements of §§ 63.133 through 63.137 of this subpart, as applicable.
              (iii) EWW2iBASE shall be calculated according to the equation for EWWiACTUAL in paragraph (g)(5)(iii) of this section for each Group 2 wastewater stream i, which on November 15, 1990, was managed according to the requirements of §§ 63.133 through 63.137 of this subpart, as applicable, and was uncontrolled or controlled to a level less stringent than the reference control technology.

              (iv) For Group 2 wastewater streams that are managed according to the requirements of §§ 63.133 through 63.137 of this subpart, as applicable, EWW2iACTUAL shall be calculated as follows:
              (A) EWW2iACTUAL shall be calculated according to the equation for EWWiACTUAL in paragraph (g)(5)(iii) of this section for each Group 2 wastewater stream i that is controlled to a level less stringent than, or equivalent to, the reference control technology.
              (B) EWW2iACTUAL shall be calculated according to the procedures for calculating EWW1iACTUAL in paragraph (h)(5)(v) of this section for each Group 2 wastewater stream that is controlled to a level more stringent than the reference control technology.
              (v) The following equations for EWW1iACTUAL shall be used to calculate emissions from each Group 1 wastewater stream i that is managed according to the requirements of §§ 63.133 through 63.137 of this subpart, as applicable, and is controlled to a level more stringent than the reference control technology.

              (A) If the Group 1 wastewater stream i is controlled using a treatment process or series of treatment processes with an approved nominal reduction efficiency in the concentration of table 9 HAP for stream i greater than that of the design steam stripper specified in § 63.138(d) of this subpart, and the control device used to reduce table 9 HAP emissions from the vapor stream(s) vented from the treatment process(es) achieves a percent reduction equal to 95 percent, the following equation shall be used. All terms in this equation are as defined and determined in paragraph (g)(5) of this section.

                ER26AP99.008

              (B) If the Group 1 wastewater stream i is not controlled using a treatment process or series of treatment processes with a nominal reduction efficiency in the table 9 HAP concentration greater than that of the design steam stripper specified in § 63.138(d) of this subpart, but the vapor stream(s) vented from the treatment process(es) are controlled using a device with an approved nominal efficiency greater than 95 percent, the following equation shall be used. All terms other than nominal efficiency are as defined and determined in paragraph (g)(5) of this section.

                ER26AP99.009

              (C) If the Group 1 wastewater stream i is controlled using a treatment process or series of treatment processes with an approved nominal reduction efficiency in the table 9 HAP concentration greater than that of the design steam stripper specified in § 63.138(d) of this subpart, and the vapor stream(s) vented from the treatment process are controlled using a device with an approved nominal efficiency greater than 95 percent, the following equation shall be used. All terms other than nominal efficiency are as defined and determined in paragraph (g)(5) of this section.

                ER26AP99.010

              (i) The following procedures shall be followed to establish nominal efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this section shall be followed for control technologies that are different in use or design from the reference control technologies and achieve greater percent reductions than the percent efficiencies assigned to the reference control technologies in § 63.111 of this subpart.

              (1) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology, and the different control technology will be used in more than three applications at a single plant-site, the owner or operator shall submit the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to the Director of the EPA Office of Air Quality Planning and Standards in writing:
              (i) Emission stream characteristics of each emission point to which the control technology is or will be applied including the kind of emission point, flow, organic HAP concentration, and all other stream characteristics necessary to design the control technology or determine its performance.
              (ii) Description of the control technology including design specifications.
              (iii) Documentation demonstrating to the Administrator's satisfaction the control efficiency of the control technology. This may include performance test data collected using an appropriate EPA method or any other method validated according to Method 301 of appendix A of this part. If it is infeasible to obtain test data, documentation may include a design evaluation and calculations. The engineering basis of the calculation procedures and all inputs and assumptions made in the calculations shall be documented.
              (iv) A description of the parameter or parameters to be monitored to ensure that the control technology will be operated in conformance with its design and an explanation of the criteria used for selection of that parameter (or parameters).
              (2) The Administrator shall determine within 120 calendar days whether an application presents sufficient information to determine nominal efficiency. The Administrator reserves the right to request specific data in addition to the items listed in paragraph (i)(1) of this section.

              (3) The Administrator shall determine within 120 calendar days of the submittal of sufficient data whether a control technology shall have a nominal efficiency and the level of that nominal efficiency. If, in the Administrator's judgment, the control technology achieves a level of emission reduction greater than the reference control technology for a particular kind of emission point, the Administrator will publish a Federal Register notice establishing a nominal efficiency for the control technology.
              (4) The Administrator may condition permission to take emission credits for use of the control technology on requirements that may be necessary to ensure operation and maintenance to achieve the specified nominal efficiency.
              (5) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology and the different control technology will be used in no more than three applications at a single plant site, the information listed in paragraphs (i)(1)(i) through (i)(1)(iv) can be submitted to the permitting authority for the source for approval instead of the Administrator.

              (i) In these instances, use and conditions for use of the control technology can be approved by the permitting authority as part of an operating permit application or modification. The permitting authority shall follow the procedures specified in paragraphs (i)(2) through (i)(4) of this section except that, in these instances, a Federal Register notice is not required to establish the nominal efficiency for the different technology.

              (ii) If, in reviewing the application, the permitting authority believes the control technology has broad applicability for use by other sources, the permitting authority shall submit the information provided in the application to the Director of the EPA Office of Air Quality Planning and Standards. The Administrator shall review the technology for broad applicability and may publish a Federal Register notice; however, this review shall not affect the permitting authority's approval of the nominal efficiency of the control technology for the specific application.

              (6) If, in reviewing an application for a control technology for an emission point, the Administrator or permitting authority determines the control technology is not different in use or design from the reference control technology, the Administrator or permitting authority shall deny the application.
              (j) The following procedures shall be used for calculating the efficiency (percent reduction) of pollution prevention measures:
              (1) A pollution prevention measure is any practice which meets the criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section.
              (i) A pollution prevention measure is any practice that results in a lesser quantity of organic HAP emissions per unit of product released to the atmosphere prior to out-of-process recycling, treatment, or control of emissions, while the same product is produced.
              (ii) Pollution prevention measures may include: substitution of feedstocks that reduce HAP emissions; alterations to the production process to reduce the volume of materials released to the environment; equipment modifications; housekeeping measures; and in-process recycling that returns waste materials directly to production as raw materials. Production cutbacks do not qualify as pollution prevention.
              (2) The emission reduction efficiency of pollution prevention measures implemented after November 15, 1990, can be used in calculating the actual emissions from an emission point in the debit and credit equations in paragraphs (g) and (h) of this section. When the term “organic HAP” is used in § 63.150(j)(2) in reference to wastewater emission points, the term “table 9 HAP” shall apply for the purposes of this paragraph.
              (i) For pollution prevention measures, the percent reduction used in the equations in paragraphs (g)(2) through (g)(5) of this section and paragraphs (h)(2) through (h)(5) of this section is the percent difference between the monthly organic HAP emissions for each emission point after the pollution prevention measure for the most recent month versus monthly emissions from the same emission point before the pollution prevention measure, adjusted by the volume of product produced during the two monthly periods.
              (ii) The following equation shall be used to calculate the percent reduction of a pollution prevention measure for each emission point.

                ER22AP94.290

                where:

                Percent reduction = Efficiency of pollution prevention measure (percent organic HAP reduction).
                EB = Monthly emissions before the pollution prevention measure, megagrams per month, determined as specified in paragraphs (j)(2)(ii)(A), (j)(2)(ii)(B), and (j)(2)(ii)(C) of this section.
                Epp = Monthly emissions after the pollution prevention measure, megagrams per month, as determined for the most recent month, determined as specified in paragraphs (j)(2)(ii)(D) or (j)(2)(ii)(E) of this section.
                PB = Monthly production before the pollution prevention measure, megagrams per month, during the same period over which EB is calculated.
                Ppp = Monthly production after the pollution prevention measure, megagrams per month, as determined for the most recent month.

              (A) The monthly emissions before the pollution prevention measure, EB, shall be determined in a manner consistent with the equations and procedures in paragraphs (g)(2), (g)(3), and (g)(4) of this section for process vents, storage vessels, and transfer operations.
              (B) For wastewater, EB shall be calculated as follows:

                ER26AP99.011

                Where:

                n = Number of wastewater streams.

                QBi = Average flow rate for wastewater stream i before the pollution prevention measure, defined and determined according to paragraph (g)(5)(i) of this section, liters per minute, before implementation of the pollution prevention measure.
                HBi = Number of hours per month that wastewater stream i was discharged before the pollution prevention measure, hours per month.
                s = Total number of table 9 HAP in wastewater stream i.
                Fem = Fraction emitted of table 9 HAP m in wastewater of this subpart, dimensionless.
                HAPBim = Average concentration of table 9 HAP m in wastewater stream i, defined and determined according to paragraph (g)(5)(i) of this section, before the pollution prevention measure, parts per million by weight, as measured before the implementation of the pollution measure.

              (C) If the pollution prevention measure was implemented prior to April 22, 1994, records may be used to determine EB.

              (D) The monthly emissions after the pollution prevention measure, Epp, may be determined during a performance test or by a design evaluation and documented engineering calculations. Once an emissions-to-production ratio has been established, the ratio can be used to estimate monthly emissions from monthly production records.
              (E) For wastewater, Epp shall be calculated using the following equation:

                ER22AP94.292

                where n, Qppi, Hppi, s, Fem, and HAPppim are defined and determined as described in paragraph (j)(2)(ii)(B) of this section except that Qppi, Hppi, and HAPppim shall be determined after the pollution prevention measure has been implemented.

              (iii) All equations, calculations, test procedures, test results, and other information used to determine the percent reduction achieved by a pollution prevention measure for each emission point shall be fully documented.
              (iv) The same pollution prevention measure may reduce emissions from multiple emission points. In such cases, the percent reduction in emissions for each emission point must be calculated.
              (v) For the purposes of the equations in paragraphs (h)(2) through (h)(5) of this section, used to calculate credits for emission points controlled more stringently than the reference control technology, the nominal efficiency of a pollution prevention measure is equivalent to the percent reduction of the pollution prevention measure. When a pollution prevention measure is used, the owner or operator of a source is not required to apply to the Administrator for a nominal efficiency and is not subject to paragraph (i) of this section.
              (k) The owner or operator must demonstrate that the emissions from the emission points proposed to be included in the average will not result in greater hazard or, at the option of the operating permit authority, greater risk to human health or the environment than if the emission points were controlled according to the provisions in §§ 63.113 through 63.148.
              (1) This demonstration of hazard or risk equivalency shall be made to the satisfaction of the operating permit authority.
              (i) The Administrator may require owners and operators to use specific methodologies and procedures for making a hazard or risk determination.
              (ii) The demonstration and approval of hazard or risk equivalency shall be made according to any guidance that the Administrator makes available for use.

              (2) Owners and operators shall provide documentation demonstrating the hazard or risk equivalency of their proposed emissions average in their operating permit application or in their Implementation Plan if an operating permit application has not yet been submitted.

              (3) An emissions averaging plan that does not demonstrate hazard or risk equivalency to the satisfaction of the Administrator shall not be approved. The Administrator may require such adjustments to the emissions averaging plan as are necessary in order to ensure that the average will not result in greater hazard or risk to human health or the environment than would result if the emission points were controlled according to §§ 63.113 through 63.148 of this subpart.
              (4) A hazard or risk equivalency demonstration must:
              (i) Be a quantitative, bona fide chemical hazard or risk assessment;
              (ii) Account for differences in chemical hazard or risk to human health or the environment; and
              (iii) Meet any requirements set by the Administrator for such demonstrations.
              (l) For periods of excursions, an owner or operator may request that the provisions of paragraphs (l)(1) through (l)(4) of this section be followed instead of the procedures in paragraphs (f)(3)(i) and (f)(3)(ii) of this section.
              (1) The owner or operator shall notify the Administrator of excursions in the Periodic Reports as required in § 63.152 of this subpart.
              (2) The owner or operator shall demonstrate that other types of monitoring data or engineering calculations are appropriate to establish that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. This demonstration shall be made to the Administrator's satisfaction, and the Administrator may establish procedures of demonstrating compliance that are acceptable.
              (3) The owner or operator shall provide documentation of the excursion and the other type of monitoring data or engineering calculations to be used to demonstrate that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits.
              (4) The Administrator may assign full or partial credit and debits upon review of the information provided.
              (m) For each Group 1 or Group 2 emission point included in an emissions average, the owner or operator shall perform testing, monitoring, recordkeeping, and reporting equivalent to that required for Group 1 emission points complying with §§ 63.113 through 63.148 of this subpart. The specific requirements for process vents, storage vessels, transfer racks, and wastewater are identified in paragraphs (m)(1) through (m)(6) of this section.
              (1) The source shall implement the following testing, monitoring, recordkeeping, and reporting procedures for each process vent equipped with a flare, incinerator, boiler, or process heater.
              (i) Determine, consistent with paragraph (g)(2)(i) of this section, whether the process vent is Group 1 or Group 2 according to the procedures in § 63.115.
              (ii) Conduct initial performance tests to determine percent reduction as specified in § 63.116 of this subpart;
              (iii) Monitor the operating parameters, keep records, and submit reports specified in § 63.114, § 63.117(a), and § 63.118 (a), (f), and (g) of this subpart, as appropriate for the specific control device.
              (2) The source shall implement the following procedures for each process vent equipped with a carbon adsorber, absorber, or condenser but not equipped with a control device:
              (i) Determine, consistent with paragraph (g)(2)(i) of this section, the flow rate, organic HAP concentration, and TRE index value using the methods specified in § 63.115;
              (ii) Monitor the operating parameters, keep records, and submit reports specified in § 63.114, § 63.117(a), and § 63.118(b), (f), and (g) of this subpart, as appropriate for the specific recovery device.
              (3) The source shall implement the following procedures for each storage vessel controlled with an internal floating roof, external roof, or a closed vent system with a control device, as appropriate to the control technique:
              (i) Perform the monitoring or inspection procedures in § 63.120 of this subpart,

              (ii) Perform the reporting and recordkeeping procedures in §§ 63.122 and 63.123 of this subpart, and

              (iii) For closed vent systems with control devices, conduct an initial design evaluation and submit an operating plan as specified in § 63.120(d) and § 63.122(a)(2) and (b) of this subpart.
              (4) The source shall implement the following procedures for each transfer rack controlled with a vapor balancing system, or a vapor collection system and an incinerator, flare, boiler, process heater, adsorber, condenser, or absorber, as appropriate to the control technique:
              (i) The monitoring and inspection procedures in § 63.127 of this subpart,
              (ii) The testing and compliance procedures in § 63.128 of this subpart, and
              (iii) The reporting and recordkeeping procedures in § 63.129 and § 63.130 of this subpart.
              (5) The source shall implement the following procedures for wastewater emission points, as appropriate to the control techniques:
              (i) For wastewater treatment processes, conduct tests as specified in § 63.138(j) of this subpart.
              (ii) Conduct inspections and monitoring as specified in § 63.143 of this subpart.
              (iii) A recordkeeping program as specified in § 63.147 of this subpart.
              (iv) A reporting program as specified in § 63.146 of this subpart.
              (6) If an emission point in an emissions average is controlled using a pollution prevention measure or a device or technique for which no monitoring parameters or inspection procedures are specified in § 63.114, § 63.120, § 63.127, or § 63.143 of this subpart, the owner or operator shall submit the information specified in § 63.151(f) of this subpart in the Implementation Plan or operating permit application.
              (n) Records of all information required to calculate emission debits and credits shall be retained for five years.
              (o) Initial Notifications, Implementation Plans, Notifications of Compliance Status, Periodic Reports, and other reports shall be submitted as required by § 63.151 and § 63.152 of this subpart.
              [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 64 FR 20192, Apr. 26, 1999; 66 FR 6934, Jan. 22, 2001]

              § 63.151
              Initial notification.
              (a) Each owner or operator of a source subject to this subpart shall submit the reports listed in paragraphs (a)(1) through (a)(5) of this section. Owners or operators requesting an extension of compliance shall also submit the report listed in paragraph (a)(6) of this section.
              (1) An Initial Notification described in paragraph (b) of this section, and
              (2) An Implementation Plan for new sources subject to this subpart or for emission points to be included in an emissions average, unless an operating permit application has been submitted prior to the date the Implementation Plan is due and the owner or operator has elected to include the information specified in § 63.152(e) in that application. The submittal date and contents of the Implementation Plan are specified in paragraphs (c) and (d) of this section.
              (3) A Notification of Compliance Status described in § 63.152 of this subpart,
              (4) Periodic Reports described in § 63.152 of this subpart, and
              (5) Other reports described in § 63.152 of this subpart.
              (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or operator may request an extension allowing the existing source up to 1 additional year to comply with section 112(d) standards.
              (i) For purposes of this subpart, a request for an extension shall be submitted to the permitting authority as part of the operating permit application or as part of the Initial Notification or as a separate submittal. Requests for extensions shall be submitted no later than 120 days prior to the compliance dates specified in § 63.100(k)(2), § 63.100(l)(4), and § 63.100(m) of subpart F of this part, except as provided for in paragraph (a)(6)(iv) of this section. The dates specified in § 63.6(i) of subpart A of this part for submittal of requests for extensions shall not apply to sources subject to this subpart G.
              (ii) A request for an extension of compliance must include the data described in § 63.6(i)(6)(i) (A), (B), and (D) of subpart A of this part.

              (iii) The requirements in § 63.6(i)(8) through (i)(14) of subpart A will govern the review and approval of requests for extensions of compliance with this subpart.
              (iv) An owner or operator may submit a compliance extension request after the date specified in paragraph (a)(6)(i) of this section provided the need for the compliance extension arose after that date and before the otherwise applicable compliance date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include, in addition to the information in paragraph (a)(6)(ii) of this section, a statement of the reasons additional time is needed and the date when the owner or operator first learned of the problem.
              (7) The reporting requirements for storage vessels are located in § 63.122 of this subpart.
              (b) Each owner or operator of an existing or new source subject to subpart G shall submit a written Initial Notification to the Administrator, containing the information described in paragraph (b)(1) of this section, according to the schedule in paragraph (b)(2) of this section. The Initial Notification provisions in § 63.9(b)(2), (b)(3), and (b)(6) of subpart A shall not apply to owners or operators of sources subject to subpart G.
              (1) The Initial Notification shall include the following information:
              (i) The name and address of the owner or operator;
              (ii) The address (physical location) of the affected source;
              (iii) An identification of the kinds of emission points within the source that are subject to this subpart;
              (iv) An identification of the chemical manufacturing processes subject to subpart G; and
              (v) A statement of whether the source can achieve compliance by the relevant compliance date specified in § 63.100 of subpart F.
              (2) The Initial Notification shall be submitted according to the schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this section, as applicable.
              (i) For an existing source, the Initial Notification shall be submitted within 120 calendar days after the date of promulgation.
              (ii) For a new source that has an initial start-up 90 calendar days after the date of promulgation of this subpart or later, the application for approval of construction or reconstruction required by § 63.5(d) of subpart A shall be submitted in lieu of the Initial Notification. The application shall be submitted as soon as practicable before construction or reconstruction is planned to commence (but it need not be sooner than 90 calendar days after the date of promulgation of this subpart).
              (iii) For a new source that has an initial start-up prior to 90 calendar days after the date of promulgation, the Initial Notification shall be submitted within 90 calendar days after the date of promulgation of this subpart. The application for approval of construction or reconstruction described in § 63.5(d) of subpart A is not required for these sources.
              (c) Each owner or operator of an existing source with emission points that will be included in an emissions average or new source subject to this subpart must submit an Implementation Plan to the Administrator by the dates specified in paragraphs (c)(1) and (c)(2) of this section, unless an operating permit application accompanied by the information specified in § 63.152(e) of this subpart has been submitted. The Implementation Plan for emissions averaging is subject to Administrator approval.
              (1) Each owner or operator of an existing source subject to this subpart who elects to comply with § 63.112 of this subpart by using emissions averaging for any emission points, and who has not submitted an operating permit application accompanied by the information specified in § 63.152(e) of this subpart at least 18 months prior to the compliance dates specified in § 63.100 of subpart F of this part, shall develop an Implementation Plan for emissions averaging. For existing sources, the Implementation Plan for those emission points to be included in an emissions average shall be submitted no later than 18 months prior to the compliance dates in § 63.100 of subpart F of this part.

              (2) Each owner or operator of a new source shall submit an Implementation Plan by the date specified in paragraphs (c)(2)(i) or (c)(2)(ii) of this section, as applicable, unless an operating permit application containing the information in paragraph (e) of this section has been submitted by that date.
              (i) For a new source that has an initial start-up 90 calendar days after the date of promulgation of this subpart or later, the Implementation Plan shall be submitted with the application for approval of construction or reconstruction by the date specified in paragraph (b)(2)(ii) of this section.
              (ii) For a new source that has an initial start-up prior to 90 calendar days after the date of promulgation, the Implementation Plan shall be submitted within 90 calendar days after the date of promulgation of this subpart.
              (3) The Administrator shall determine within 120 calendar days whether the Implementation Plan submitted by sources using emissions averaging presents sufficient information. The Administrator shall either approve the Implementation Plan, request changes, or request that the owner or operator submit additional information. Once the Administrator receives sufficient information, the Administrator shall approve, disapprove, or request changes to the plan within 120 calendar days.
              (d) Each owner or operator required to submit an Implementation Plan for emissions averaging shall include in the plan, for all emission points included in the emissions average, the information listed in paragraphs (d)(1) through (d)(8) of this section.
              (1) The identification of all emission points in the planned emissions average and notation of whether each point is a Group 1 or Group 2 emission point as defined in § 63.111 of this subpart.
              (2) The projected emission debits and credits for each emission point and the sum for the emission points involved in the average calculated according to § 63.150 of this subpart. The projected credits must be greater than the projected debits, as required under § 63.150(e)(3) of this subpart.
              (3) The specific control technology or pollution prevention measure that will be used for each emission point included in the average and date of application or expected date of application.
              (4) The specific identification of each emission point affected by a pollution prevention measure. To be considered a pollution prevention measure, the criteria in § 63.150(j)(1) of this subpart must be met. If the same pollution prevention measure reduces or eliminates emissions from multiple emission points in the average, the owner or operator must identify each of these emission points.
              (5) A statement that the compliance demonstration, monitoring, inspection, recordkeeping, and reporting provisions in § 63.150(m), (n), and (o) of this subpart that are applicable to each emission point in the emissions average will be implemented beginning on the date of compliance.
              (6) Documentation of the information listed in paragraph (d)(6)(i) through (d)(6)(v) of this section for each process vent, storage vessel, or transfer rack included in the average.
              (i) The values of the parameters used to determine whether the emission point is Group 1 or Group 2. Where TRE index value is used for process vent group determination, the estimated or measured values of the parameters used in the TRE equation in § 63.115(d) of this subpart (flow rate, organic HAP emission rate, TOC emission rate, and net heating value) and the resulting TRE index value shall be submitted.
              (ii) The estimated values of all parameters needed for input to the emission debit and credit calculations in § 63.150 (g) and (h) of this subpart. These parameter values, or as appropriate, limited ranges for the parameter values, shall be specified in the source's Implementation Plan (or operating permit) as enforceable operating conditions. Changes to these parameters must be reported as required by paragraph (i)(2)(ii) of this section.
              (iii) The estimated percent reduction if a control technology achieving a lower percent reduction than the efficiency of the reference control technology, as defined in § 63.111 of this subpart, is or will be applied to the emission point.

              (iv) The anticipated nominal efficiency if a control technology achieving a greater percent emission reduction than the efficiency of the reference control technology is or will be applied to the emission point. The procedures in § 63.150(i) of this subpart shall be followed to apply for a nominal efficiency.
              (v) The operating plan required in § 63.122(a)(2) and (b) of this subpart for each storage vessel controlled with a closed-vent system with a control device other than a flare.
              (7) The information specified in § 63.151(f) of this subpart shall be included in the Implementation Plan for:
              (i) Each process vent or transfer rack controlled by a pollution prevention measure or control technique for which monitoring parameters or inspection procedures are not specified in § 63.114, § 63.126(b)(3), or § 63.127 of this subpart, and
              (ii) Each storage vessel controlled by pollution prevention or a control technique other than an internal or external floating roof or a closed vent system with a control device.
              (8) Documentation of the information listed in paragraph (d)(8)(i) through (d)(8)(iv) for each process wastewater stream included in the average.
              (i) The information used to determine whether the wastewater stream is a Group 1 or Group 2 wastewater stream.
              (ii) The estimated values of all parameters needed for input to the wastewater emission credit and debit calculations in § 63.150 (g)(5) and (h)(5) of this subpart.
              (iii) The estimated percent reduction if:
              (A) A control technology that achieves an emission reduction less than or equal to the emission reduction achieved by the design steam stripper, as specified in § 63.138(g) of this subpart, is or will be applied to the wastewater stream, or
              (B) A control technology achieving less than or equal to 95 percent emission reduction is or will be applied to the vapor stream(s) vented and collected from the treatment processes, or
              (C) A pollution prevention measure is or will be applied.
              (iv) The anticipated nominal efficiency if the owner or operator plans to apply for a nominal efficiency under § 63.150(i) of this subpart. A nominal efficiency shall be applied for if:
              (A) A control technology is or will be applied to the wastewater stream and achieves an emission reduction greater than the emission reduction achieved by the design steam stripper as specified in § 63.138(g) of this subpart, or
              (B) A control technology achieving greater than 95 percent emission reduction is or will be applied to the vapor stream(s) vented and collected from the treatment processes.
              (v) For each pollution prevention measure, treatment process, or control device used to reduce air emissions of organic HAP's from wastewater and for which no monitoring parameters or inspection procedures are specified in § 63.143 of this subpart, the information specified in § 63.151(f) of this subpart shall be included in the Implementation Plan.
              (e) An owner or operator expressly referred to this paragraph shall report, in an Implementation Plan, operating permit application, or as otherwise specified by the permitting authority, the information listed in paragraphs (e)(1) through (e)(5) of this section.
              (1) A list designating each emission point complying with §§ 63.113 through 63.149 and whether each emission point is Group 1 or Group 2, as defined in § 63.111. For each process vent within the source, provide the information listed in paragraphs (e)(1)(i) through (iv) of this section.
              (i) The chemical manufacturing process unit(s) that is the origin of all or part of the vent stream that exits the process vent.
              (ii) The type(s) of unit operations (i.e., an air oxidation reactor, distillation unit, or reactor) that creates the vent stream that exits the process vent.
              (iii) For a Group 2 process vent, the last recovery device, if any.
              (iv) For a Group 1 process vent, the control device, or other equipment used for compliance.
              (2) The control technology or method of compliance that will be applied to each Group 1 emission point.

              (3) A statement that the compliance demonstration, monitoring, inspection, recordkeeping, and reporting provisions in §§ 63.113 through 63.149 of this subpart that are applicable to each emission point will be implemented beginning on the date of compliance.
              (4) The operating plan required in § 63.122(a)(2) and (b) of this subpart for each storage vessel controlled with a closed vent system with a control device other than a flare.
              (5) The monitoring information in § 63.151(f) of this subpart if, for any emission point, the owner or operator of a source seeks to comply through use of a control technique other than those for which monitoring parameters are specified in § 63.114 for process vents, § 63.127 for transfer, and § 63.143 for process wastewater.
              (f) The owner or operator who has been directed by any section of this subpart that expressly references this paragraph to set unique monitoring parameters or who requests approval to monitor a different parameter than those listed in § 63.114 for process vents, § 63.127 for transfer, or § 63.143 for process wastewater of this subpart shall submit the information specified in paragraphs (f)(1), (f)(2), and (f)(3) of this section with the operating permit application or as otherwise specified by the permitting authority.
              (1) 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 specified emission limit, percent reduction, or nominal efficiency, and an explanation of the criteria used to select the parameter(s).
              (2) 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 the owner or operator will establish a range for the monitored parameter as part of the Notification of Compliance Status report required in § 63.152(b) of this subpart, unless this information has already been included in the operating permit application.
              (3) The frequency and content of monitoring, recording, and reporting if monitoring and recording is not continuous, or if reports of daily average values when the monitored parameter value is outside the range established in the operating permit or Notification of Compliance Status will not be included in Periodic Reports required under § 63.152(c) of this subpart. The rationale for the proposed monitoring, recording, and reporting system shall be included.
              (g) An owner or operator may request approval to use alternatives to the continuous operating parameter monitoring and recordkeeping provisions listed in §§ 63.114, 63.117, and 63.118 for process vents, §§ 63.127, 63.129, and 63.130 for transfer operations, and §§ 63.143, 63.146, and 63.147 for wastewater.
              (1) Requests shall be included in the operating permit application or as otherwise specified by the permitting authority and shall contain the information specified in paragraphs (g)(3) through (g)(5) of this section, as applicable.
              (2) The provisions in § 63.8(f)(5)(i) of subpart A shall govern the review and approval of requests.
              (3) An owner or operator of a source that does not have an automated monitoring and recording system capable of measuring parameter values at least once every 15 minutes and generating continuous records may request approval to use a non-automated system with less frequent monitoring.
              (i) The requested system shall include manual reading and recording of the value of the relevant operating parameter no less frequently than once per hour. Daily average values shall be calculated from these hourly values and recorded.
              (ii) The request shall contain:
              (A) A description of the planned monitoring and recordkeeping system;
              (B) Documentation that the source does not have an automated monitoring and recording system;
              (C) Justification for requesting an alternative monitoring and recordkeeping system; and
              (D) Demonstration to the Administrator's satisfaction that the proposed monitoring frequency is sufficient to represent control device operating conditions considering typical variability of the specific process and control device operating parameter being monitored.

              (4) An owner or operator may request approval to use an automated data compression recording system that does not record monitored operating parameter values at a set frequency (for example once every 15 minutes) but records all values that meet set criteria for variation from previously recorded values.
              (i) The requested system shall be designed to:
              (A) Measure the operating parameter value at least once every 15 minutes.
              (B) Record at least four values each hour during periods of operation.
              (C) Record the date and time when monitors are turned off or on.
              (D) Recognize unchanging data that may indicate the monitor is not functioning properly, alert the operator, and record the incident.
              (E) Compute daily average values of the monitored operating parameter based on recorded data.
              (F) If the daily average is not an excursion, as defined in § 63.152(c)(2)(ii), the data for that operating day may be converted to hourly average values and the four or more individual records for each hour in the operating day may be discarded.
              (ii) The request shall contain a description of the monitoring system and data compression recording system, including the criteria used to determine which monitored values are recorded and retained, the method for calculating daily averages, and a demonstration that the system meets all criteria in paragraph (g)(4)(i) of this section.
              (5) An owner or operator may request approval to use other alternative monitoring systems according to the procedures specified in § 63.8(f) of subpart A of this part.
              (h) The owner or operator required to prepare an Implementation Plan, or otherwise required to submit a report, under paragraph (c), (d), or (e) of this section shall also submit a supplement for any additional alternative controls or operating scenarios that may be used to achieve compliance.
              (i) The owner or operator of a source required to submit an Implementation Plan for emissions averaging under paragraphs (c) and (d) of this section shall also submit written updates of the Implementation Plan to the Administrator for approval under the circumstances described in paragraphs (i)(1) and (i)(2) of this section unless the relevant information has been included and submitted in an operating permit application or amendment.
              (1) The owner or operator who plans to make a change listed in paragraph (i)(1)(i) or (i)(1)(ii) of this section shall submit an Implementation Plan update at least 120 calendar days prior to making the change.
              (i) Whenever an owner or operator elects to achieve compliance with the emissions averaging provisions in § 63.150 of this subpart by using a control technique other than that specified in the Implementation Plan or plans to monitor a different parameter or operate a control device in a manner other than that specified in the Implementation Plan.
              (ii) Whenever an emission point or a chemical manufacturing process unit is added to an existing source and is planned to be included in an emissions average, or whenever an emission point not included in the emissions average described in the Implementation Plan is to be added to an emissions average. The information in paragraph (d) of this section shall be updated to include the additional emission point.
              (2) The owner or operator who has made a change listed in paragraph (i)(2)(i) or (i)(2)(ii) of this section shall submit an Implementation Plan update within 90 calendar days after the information regarding the change is known to the source. The update may be submitted in the next quarterly Periodic Report if the change is made after the date the Notification of Compliance status is due.
              (i) Whenever a process change is made such that the group status of any emission point in an emissions average changes.
              (ii) Whenever a value of a parameter in the emission credit or debit equations in § 63.150(g) or (h) changes such that it is outside the range specified in the Implementation Plan and causes a decrease in the projected credits or an increase in the projected debits.

              (3) The Administrator shall approve or request changes to the Implementation Plan update within 120 calendar days of receipt of sufficient information regarding the change for emission points included in emissions averages.

              (j) The owner or operator of a source subject to this subpart, for emission points that are not included in an emissions average, shall report to the Administrator under the circumstances described in paragraphs (j)(1), (j)(2), and (j)(3) of this section unless the relevant information has been included and submitted in an operating permit application or amendment, or as otherwise specified by the permitting authority. The information shall be submitted within 180 calendar days after the change is made or the information regarding the change is known to the source. The update may be submitted in the next Periodic Report if the change is made after the date the Notification of Compliance Status is due.
              (1) Whenever a deliberate change is made such that the group status of any emission point changes. The information submitted shall include a compliance schedule as specified in § 63.100 of subpart F of this part if the emission point becomes Group 1.
              (2) Whenever an owner or operator elects to achieve compliance with this subpart by using a control technique other than that previously reported to the Administrator or to the permitting authority, or plans to monitor a different parameter, or operate a control device in a manner other than that previously reported.
              (3) Whenever an emission point or a chemical manufacturing process unit is added to a source, written information specified under paragraphs (e)(1) through (e)(5) of this section, containing information on the new emission point(s) shall be submitted to the EPA regional office where the source is located.
              [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 61 FR 7718, Feb. 29, 1996; 61 FR 64576, Dec. 5, 1996; 64 FR 20195, Apr. 26, 1999; 66 FR 6934, Jan. 22, 2001]

              § 63.152
              General reporting and continuous records.
              (a) The owner or operator of a source subject to this subpart shall submit the reports listed in paragraphs (a)(1) through (a)(5) of this section and keep continuous records of monitored parameters as specified in paragraph (f) of this section. Owners or operators requesting an extension of compliance shall also submit the report described in § 63.151(a)(6) of this subpart.
              (1) An Initial Notification described in § 63.151(b) of this subpart.
              (2) An Implementation Plan described in § 63.151(c), (d), and (e) of this subpart for existing sources with emission points that are included in an emissions average or for new sources.
              (3) A Notification of Compliance Status described in paragraph (b) of this section.
              (4) Periodic Reports described in paragraph (c) of this section.
              (5) Other reports described in paragraphs (d) and (e) of this section.
              (b) Each owner or operator of a source subject to this subpart shall submit a Notification of Compliance Status within 150 calendar days after the compliance dates specified in § 63.100 of subpart F of this part.
              (1) The notification shall include the results of any emission point group determinations, performance tests, inspections, continuous monitoring system performance evaluations, values of monitored parameters established during performance tests, and any other information used to demonstrate compliance or required to be included in the Notification of Compliance Status under § 63.110 (h) for regulatory overlaps, under § 63.117 for process vents, § 63.122 for storage vessels, § 63.129 for transfer operations, § 63.146 for process wastewater, and § 63.150 for emission points included in an emissions average.
              (i) For performance tests and group determinations that are based on measurements, the Notification of Compliance Status shall include one complete test report for each test method used for a particular kind of emission point. For additional tests performed for the same kind of emission point using the same method, the results and any other information required in § 63.117 for process vents, § 63.129 for transfer, and § 63.146 for process wastewater shall be submitted, but a complete test report is not required.

              (ii) A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to 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.
              (2) For each monitored parameter for which a range is required to be established under § 63.114 for process vents, § 63.127 for transfer, § 63.143 for process wastewater, § 63.150(m) for emission points in emissions averages, or § 63.151(f), or § 63.152(e), the Notification of Compliance Status shall include the information in paragraphs (b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this section, unless the range and the operating day definition have been established in the operating permit. The recordkeeping and reporting requirements applicable to storage vessels are located in §§ 63.122 and 63.123.
              (i) The specific range of the monitored parameter(s) for each emission point;
              (ii) The rationale for the specific range for each parameter for each emission point, including any data and calculations used to develop the range and a description of why the range indicates proper operation of the control device.
              (A) If a performance test is required by this subpart for a control device, the range shall be based on the parameter values measured during the performance test and may be supplemented by engineering assessments and/or manufacturer's recommendations. Performance testing is not required to be conducted over the entire range of permitted parameter values.
              (B) If a performance test is not required by this subpart for a control device, the range may be based solely on engineering assessments and/or manufacturer's recommendations.
              (iii) A definition of the source's operating day for purposes of determining daily average values of monitored parameters. The definition shall specify the times at which an operating day begins and ends.
              (3) For emission points included in an emissions average, the Notification of Compliance Status shall include the values of all parameters needed for input to the emission credit and debit equations in § 63.150 (g) and (h), calculated or measured according to the procedures in § 63.150 (g) and (h) of this subpart, and the resulting calculation of credits and debits for the first quarter of the year. The first quarter begins on the compliance date specified in § 63.100 of subpart F.
              (4) If any emission point is subject to this subpart and to other standards as specified in § 63.110 of this subpart and if the provisions of § 63.110 of this subpart allow the owner or operator to choose which testing, monitoring, reporting, and recordkeeping provisions will be followed, then the Notification of Compliance Status shall indicate which rule's requirements will be followed for testing, monitoring, reporting, and recordkeeping.
              (5) An owner or operator who transfers a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream for treatment pursuant to § 63.132(g) shall include in the Notification of Compliance Status the name and location of the transferee and a description of the Group 1 wastewater stream or residual sent to the treatment facility.
              (6) An owner or operator complying with § 63.113(i) shall include in the Notification of Compliance Status, or where applicable, a supplement to the Notification of Compliance Status, the name and location of the transferee, and the identification of the Group 1 process vent.
              (c) The owner or operator of a source subject to this subpart shall submit Periodic Reports.
              (1) Except as specified under paragraphs (c)(5) and (c)(6) of this section, a report containing the information in paragraphs (c)(2), (c)(3), and (c)(4) of this section shall be submitted semiannually no later than 60 calendar days after the end of each 6-month period. The first report shall be submitted no later than 8 months after the date the Notification of Compliance Status is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status is due.

              (2) Except as provided in paragraph (c)(2)(iv) of this section, for an owner or operator of a source complying with the provisions of §§ 63.113 through 63.147 for any emission points, Periodic Reports shall include all information specified in §§ 63.117 and 63.118 for process vents, § 63.122 for storage vessels, §§ 63.129 and 63.130 for transfer operations, and § 63.146 for process wastewater, including reports of periods when monitored parameters are outside their established ranges.
              (i) For each parameter or parameters required to be monitored for a control device, the owner or operator shall establish a range of parameter values to ensure that the device is being applied, operated and maintained properly. As specified in paragraph (b)(2) of this section, these parameter values and the definition of an operating day shall be approved as part of and incorporated into the source's Notification of Compliance Status or operating permit, as appropriate.
              (ii) The parameter monitoring data for Group 1 emission points and emission points included in emissions averages that are required to perform continuous monitoring shall be used to determine compliance with the required operating conditions for the monitored control devices or recovery devices. For each excursion, except for excused excursions, the owner or operator shall be deemed to have failed to have applied the control in a manner that achieves the required operating conditions.

              (A) An excursion means any of the three cases listed in paragraph (c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of this section. For a control device or recovery device where multiple parameters are monitored, if one or more of the parameters meets the excursion criteria in paragraph (c)(2)(ii)(A)(1), (c)(2)(ii)(A)(2), or (c)(2)(ii)(A)(3) of this section, this is considered a single excursion for the control device or recovery device.
              (1) When the daily average value of one or more monitored parameters is outside the permitted range.
              (2) When the period of control device or recovery device operation is 4 hours or greater in an operating day and monitoring data are insufficient to constitute a valid hour of data for at least 75 percent of the operating hours.
              (3) When the period of control device or recovery device operation is less than 4 hours in an operating day and more than one of the hours during the period of operation does not constitute a valid hour of data due to insufficient monitoring data.
              (4) Monitoring data are insufficient to constitute a valid hour of data, as used in paragraphs (c)(2)(ii)(A)(2) and (c)(2)(ii)(A)(3) of this section, if measured values are unavailable for any of the 15-minute periods within the hour. For data compression systems approved under § 63.151(g)(4), monitoring data are insufficient to calculate a valid hour of data if there are less than 4 data values recorded during the hour.

              (B) The number of excused excursions for each control device or recovery device for each semiannual period is specified in paragraphs (c)(2)(ii)(B)(1) through (c)(2)(ii)(B)(6) of this section. This paragraph applies to sources required to submit Periodic Reports semiannually or quarterly. The first semiannual period is the 6-month period starting the date the Notification of Compliance Status is due.
              (1) For the first semiannual period—six excused excursions.
              (2) For the second semiannual period—five excused excursions.
              (3) For the third semiannual period—four excused excursions.
              (4) For the fourth semiannual period—three excused excursions.
              (5) For the fifth semiannual period—two excused excursions.
              (6) For the sixth and all subsequent semiannual periods—one excused excursion.

              (C) A monitored parameter that is outside its established range or monitoring data that are not collected are excursions. However, if the conditions in paragraph (c)(2)(ii)(C)(1) or (c)(2)(ii)(C)(2) of this section are met, these excursions are not violations and do not count toward the number of excused excursions for determining compliance.
              (1) Periods of startup, shutdown, or malfunction. During periods of startup, shutdown, or malfunction when the source is operated during such periods in accordance with § 63.102(a)(4).
              (2) Periods of nonoperation. During periods of nonoperation of the chemical manufacturing process unit, or portion thereof, that results in cessation of the emissions to which the monitoring applies.
              (D) Nothing in paragraph (c)(2)(ii) of this section shall be construed to allow or excuse a monitoring parameter excursion caused by any activity that violates other applicable provisions of subpart A, F, or G of this part.
              (E) Paragraph (c)(2)(ii) of this section, except paragraph (c)(2)(ii)(C) of this section, shall apply only to emission points and control devices or recovery devices for which continuous monitoring is required by §§ 63.113 through 63.150.
              (iii) Periodic Reports shall include the daily average values of monitored parameters for both excused and unexcused excursions, as defined in paragraph (c)(2)(ii)(A) of this section. For excursions caused by lack of monitoring data, the duration of periods when monitoring data were not collected shall be specified.
              (iv) The provisions of paragraphs (c)(2), (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section do not apply to any storage vessel for which the owner or operator is not required, by the applicable monitoring plan established under § 63.120(d)(2), to keep continuous records. If continuous records are required, the owner or operator shall specify, in the monitoring plan, whether the provisions of paragraphs (c)(2), (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section apply.
              (3) If any performance tests are reported in a Periodic Report, the following information shall be included:
              (i) One complete test report shall be submitted for each test method used for a particular kind of emission point tested. A complete test report shall contain the information specified in paragraph (b)(1)(ii) of this section.
              (ii) For additional tests performed for the same kind of emission point using the same method, results and any other information required in § 63.117 for process vents, § 63.129 for transfer, and § 63.146 for process wastewater shall be submitted, but a complete test report is not required.
              (4) Periodic Reports shall include the information in paragraphs (c)(4)(i) through (c)(4)(iv) of this section, as applicable:
              (i) For process vents, reports of process changes as required under § 63.118 (g), (h), (i), and (j) of this subpart,
              (ii) Any supplements required under § 63.151(i) and (j) of this subpart,
              (iii) Notification if any Group 2 emission point becomes a Group 1 emission point, including a compliance schedule as required in § 63.100 of subpart F of this part, and
              (iv) For gas streams sent for disposal pursuant to § 63.113(i) or for process wastewater streams sent for treatment pursuant to § 63.132(g), reports of changes in the identity of the transferee.
              (5) The owner or operator of a source shall submit quarterly reports for all emission points included in an emissions average.
              (i) The quarterly reports shall be submitted no later than 60 calendar days after the end of each quarter. The first report shall be submitted with the Notification of Compliance Status no later than 5 months after the compliance date specified in § 63.100 of subpart F.
              (ii) The quarterly reports shall include the information specified in this paragraph for all emission points included in an emissions average.
              (A) The credits and debits calculated each month during the quarter;
              (B) A demonstration that debits calculated for the quarter are not more than 1.30 times the credits calculated for the quarter, as required under § 63.150(e)(4) of this subpart.
              (C) The values of any inputs to the credit and debit equations in § 63.150 (g) and (h) of this subpart that change from month to month during the quarter or that have changed since the previous quarter;
              (D) Results of any performance tests conducted during the reporting period including one complete report for each test method used for a particular kind of emission point as described in paragraph (c)(3) of this section;

              (E) Reports of daily average values of monitored parameters for both excused and unexcused excursions as defined in paragraph (c)(2)(ii)(A) of this section. For excursions caused by lack of monitoring data, the duration of periods when monitoring data were not collected shall be specified.

              (iii) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall govern the use of monitoring data to determine compliance for Group 1 and Group 2 points included in emissions averages. For storage vessels to which the provisions of paragraphs (c)(2)(i) through (c)(2)(iii) of this section do not apply (as specified in paragraph (c)(2)(iv) of this section), the owner or operator is required to comply with the provisions of the applicable monitoring plan, and monitoring records may be used to determine compliance.
              (iv) Every fourth quarterly report shall include the following:
              (A) A demonstration that annual credits are greater than or equal to annual debits as required by § 63.150(e)(3) of this subpart; and
              (B) A certification of compliance with all the emissions averaging provisions in § 63.150 of this subpart.
              (6) The owner or operator of a source shall submit reports quarterly for particular emission points not included in an emissions average under the circumstances described in paragraphs (c)(6)(i) through (c)(6)(v) of this section.
              (i) The owner or operator of a source subject to this subpart shall submit quarterly reports for a period of one year for an emission point that is not included in an emissions average if:
              (A) The emission point has more excursions, as defined in paragraph (c)(2)(ii) of this section, than the number of excused excursions allowed under paragraph (c)(2)(ii)(B) of this section for a semiannual reporting period; and
              (B) The Administrator requests the owner or operator to submit quarterly reports for the emission point.
              (ii) The quarterly reports shall include all information in paragraphs (c)(2), (c)(3), and (c)(4) of this section applicable to the emission point(s) for which quarterly reporting is required under paragraph (c)(6)(i) of this section. Information applicable to other emission points within the source shall be submitted in the semiannual reports required under paragraph (c)(1) of this section.
              (iii) Quarterly reports shall be submitted no later than 60 calendar days after the end of each quarter.
              (iv) After quarterly reports have been submitted for an emission point for one year, the owner or operator may return to semiannual reporting for the emission point unless the Administrator requests the owner or operator to continue to submit quarterly reports.
              (v) Paragraphs (c)(2)(i) through (c)(2)(iii) of this section shall govern the use of monitoring data to determine compliance for Group 1 emission points. For storage vessels to which the provisions of paragraphs (c)(2)(i) through (c)(2)(iii) of this section do not apply (as specified in paragraph (c)(2)(iv) of this section), the owner or operator is required to comply with the provisions of the applicable monitoring plan, and monitoring records may be used to determine compliance.
              (d) Other reports shall be submitted as specified in subpart A of this part or in §§ 63.113 through 63.151 of this subpart. These reports are:
              (1) Reports of start-up, shutdown, and malfunction required by § 63.10(d)(5) of subpart A. The start-up, shutdown and malfunction reports may be submitted on the same schedule as the Periodic Reports required under paragraph (c) of this section instead of the schedule specified in § 63.10(d)(5) of subpart A.
              (2) For storage vessels, the notifications of inspections required by § 63.122 (h)(1) and (h)(2) of this subpart.
              (3) For owners or operators of sources required to request approval for a nominal control efficiency for use in calculating credits for an emissions average, the information specified in § 63.150(i) of this subpart.

              (4) If an owner or operator transfers for disposal a gas stream that has the characteristics specified in § 63.107(b) through (h) or meets the criteria specified in § 63.107(i) to an off-site location or an on-site location not owned or operated by the owner or operator of the source and the vent stream was not included in the information submitted with the Notification of Compliance Status or a previous periodic report, the owner or operator shall submit a supplemental report. The supplemental report shall be submitted no later than July 23, 2001 or with the next periodic report, whichever is later. The report shall provide the information listed in paragraphs (d)(4)(i) through (iv) of this section.
              (i) The chemical manufacturing process unit(s) that is the origin of all or part of the vent stream that exits the process vent.
              (ii) The type(s) of unit operations (i.e., an air oxidation reactor, distillation unit, or reactor) that creates the vent stream that exits the process vent.
              (iii) For a Group 2 process vent, the last recovery device, if any.
              (iv) For a Group 1 process vent, the identity of the transferee.
              (e) An owner or operator subject to this subpart shall submit the information specified in paragraphs (e)(1) through (e)(4) of this section with the operating permit application or as otherwise specified by the permitting authority. The owner or operator shall submit written updates as amendments to the operating permit application on the schedule and under the circumstances described in § 63.151(j) of this subpart. Notwithstanding, if the owner or operator has an operating permit under 40 CFR part 70 or 71, the owner or operator shall follow the schedule and format required by the permitting authority.
              (1) The information specified in § 63.151 (f) or (g) of this subpart for any emission points for which the owner or operator requests approval to monitor a unique parameter or use an alternative monitoring and recording system, and
              (2) The information specified in § 63.151(d) of this subpart for points included in an emissions average.
              (3) The information specified in § 63.151(e) of this subpart for points not included in an emissions average.
              (4) The information specified in § 63.151(h) as applicable.
              (f) Owners or operators required to keep continuous records by §§ 63.118, 63.130, 63.147, 63.150, or other sections of this subpart shall keep records as specified in paragraphs (f)(1) through (f)(7) of this section, unless an alternative recordkeeping system has been requested and approved under § 63.151(f) or (g) or § 63.152(e) or under § 63.8(f) of subpart A of this part, and except as provided in paragraph (c)(2)(ii)(C) of this section or in paragraph (g) of this section. If a monitoring plan for storage vessels pursuant to § 63.120(d)(2)(i) requires continuous records, the monitoring plan shall specify which provisions, if any, of paragraphs (f)(1) through (f)(7) of this section apply.
              (1) The monitoring system shall measure data values at least once every 15 minutes.
              (2) The owner or operator shall record either:
              (i) Each measured data value; or
              (ii) Block average values for 15-minute or shorter periods calculated from all measured data values during each period or at least one measured data value per minute if measured more frequently than once per minute.
              (3) If the daily average value of a monitored parameter for a given operating day is within the range established in the Notification of Compliance Status or operating permit, the owner or operator shall either:
              (i) Retain block hourly average values for that operating day for 5 years and discard, at or after the end of that operating day, the 15-minute or more frequent average values and readings recorded under paragraph (f)(2) of this section; or
              (ii) Retain the data recorded in paragraph (f)(2) of this section for 5 years.
              (4) If the daily average value of a monitored parameter for a given operating day is outside the range established in the Notification of Compliance Status or operating permit, the owner or operator shall retain the data recorded that operating day under paragraph (f)(2) of this section for 5 years.
              (5) Daily average values of each continuously monitored parameter shall be calculated for each operating day, and retained for 5 years, except as specified in paragraphs (f)(6) and (f)(7) of this section.
              (i) The daily average shall be calculated as the average of all values for a monitored parameter recorded during the operating day. The average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per operating day if operation is not continuous.

              (ii) The operating day shall be the period defined in the operating permit or the Notification of Compliance Status. It may be from midnight to midnight or another daily period.
              (6) If all recorded values for a monitored parameter during an operating day are within the range established in the Notification of Compliance Status or operating permit, the owner or operator may record that all values were within the range and retain this record for 5 years rather than calculating and recording a daily average for that operating day. For these operating days, the records required in paragraph (f)(3) of this section shall also be retained for 5 years.
              (7) Monitoring data recorded during periods identified in paragraphs (f)(7)(i) through (f)(7)(v) of this section shall not be included in any average computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or control device operation when monitors are not operating.
              (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments;
              (ii) Start-ups;
              (iii) Shutdowns;
              (iv) Malfunctions;
              (v) Periods of non-operation of the chemical manufacturing process unit (or portion thereof), resulting in cessation of the emissions to which the monitoring applies.
              (g) For any parameter with respect to any item of equipment, the owner or operator may implement the recordkeeping requirements in paragraph (g)(1) or (g)(2) of this section as alternatives to the continuous operating parameter monitoring and recordkeeping provisions listed in §§ 63.114, 63.117, and 63.118 for process vents, §§ 63.127, 63.129, and 63.130 for transfer operations, §§ 63.143, 63.146, and 63.147 for wastewater, and/or § 63.152(f), except that § 63.152(f)(7) shall apply. The owner or operator shall retain each record required by paragraph (g)(1) or (g)(2) of this section as provided in § 63.103(c) of subpart F of this part, except as provided otherwise in paragraph (g)(1) or (g)(2) of this section.
              (1) The owner or operator may retain only the daily average value, and is not required to retain more frequent monitored operating parameter values, for a monitored parameter with respect to an item of equipment, if the requirements of paragraphs (g)(1)(i) through (g)(1)(vi) of this section are met. An owner or operator electing to comply with the requirements of paragraph (g)(1) of this section shall notify the Administrator in the Notification of Compliance Status or, if the Notification of Compliance Status has already been submitted, in the periodic report immediately preceding implementation of the requirements of paragraph (g)(1) of this section.
              (i) The monitoring system is capable of detecting unrealistic or impossible data during periods of operation other than startups, shutdowns, or malfunctions (e.g., a temperature reading of −200 °C on a boiler), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence.
              (ii) The monitoring system generates, updated at least hourly throughout each operating day, a running average of the monitoring values that have been obtained during that operating day, and the capability to observe this average is readily available to the Administrator on-site during the operating day. The owner or operator shall record the occurrence of any period meeting the criteria in paragraphs (g)(1)(ii)(A) through (g)(1)(iii)(C) of this section. All instances in an operating day constitute a single occurrence.
              (A) The running average is above the maximum or below the minimum established limits;
              (B) The running average is based on at least 6 1-hour average values; and
              (C) The running average reflects a period of operation other than a startup, shutdown, or malfunction.

              (iii) The monitoring system is capable of detecting unchanging data during periods of operation other than startups, shutdowns, or malfunctions, except in circumstances where the presence of unchanging data is the expected operating condition based on past experience (e.g., pH in some scrubbers), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence.
              (iv) The monitoring system will alert the owner or operator by an alarm or other means, if the running average parameter value calculated under paragraph (g)(1)(ii) of this section reaches a set point that is appropriately related to the established limit for the parameter that is being monitored.
              (v) The owner or operator shall verify the proper functioning of the monitoring system, including its ability to comply with the requirements of paragraph (g)(1) of this section, at the times specified in paragraphs (g)(1)(v)(A) through (g)(1)(v)(C) of this section. The owner or operator shall document that the required verifications occurred.
              (A) Upon initial installation.
              (B) Annually after initial installation.
              (C) After any change to the programming or equipment constituting the monitoring system, which might reasonably be expected to alter the monitoring system's ability to comply with the requirements of this section.
              (vi) The owner or operator shall retain the records identified in paragraphs (g)(1)(vi) (A) through (C) of this section.
              (A) Identification of each parameter, for each item of equipment, for which the owner or operator has elected to comply with the requirements of paragraph (g) of this section.
              (B) A description of the applicable monitoring system(s), and of how compliance will be achieved with each requirement of paragraph (g)(1)(i) through (g)(1)(v) of this section. The description shall identify the location and format (e.g., on-line storage; log entries) for each required record. If the description changes, the owner or operator shall retain both the current and the most recent superseded description. The description, and the most recent superseded description, shall be retained as provided in § 63.103(c) of subpart F of this part, except as provided in paragraph (g)(1)(vi)(D) of this section.
              (C) A description, and the date, of any change to the monitoring system that would reasonably be expected to affect its ability to comply with the requirements of paragraph (g)(1) of this section.
              (D) Owners and operators subject to paragraph (g)(1)(vi)(B) of this section shall retain the current description of the monitoring system as long as the description is current, but not less than 5 years from the date of its creation. The current description shall, at all times, be retained on-site or be accessible from a central location by computer or other means that provides access within 2 hours after a request. The owner or operator shall retain the most recent superseded description at least until 5 years from the date of its creation. The superseded description shall be retained on-site (or accessible from a central location by computer that provides access within 2 hours after a request) at least 6 months after its creation. Thereafter, the superseded description may be stored off-site.
              (2) If an owner or operator has elected to implement the requirements of paragraph (g)(1) of this section, and a period of 6 consecutive months has passed without an excursion as defined in paragraph (g)(2)(iv) of this section, the owner or operator is no longer required to record the daily average value for that parameter for that unit of equipment, for any operating day when the daily average value is less than the maximum, or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months, if the parameter limit and the monitoring was required and/or approved by the Administrator.
              (i) If the owner or operator elects not to retain the daily average values, the owner or operator shall notify the Administrator in the next periodic report. The notification shall identify the parameter and unit of equipment.

              (ii) If, on any operating day after the owner or operator has ceased recording daily averages as provided in paragraph (g)(2) of this section, there is an excursion as defined in paragraph (g)(2)(iv) of this section, the owner or operator shall immediately resume retaining the daily average value for each day, and shall notify the Administrator in the next periodic report. The owner or operator shall continue to retain each daily average value until another period of 6 consecutive months has passed without an excursion as defined in paragraph (g)(2)(iv) of this section.
              (iii) The owner or operator shall retain the records specified in paragraphs (g)(1) (i), (ii), (iii), (iv), (v), and (vi) of this section. For any calendar week, if compliance with paragraphs (g)(1) (i), (ii), (iii), and (iv) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one parameter value during a period of operation other than a startup, shutdown, or malfunction.
              (iv) For purposes of paragraph (g) of this section, an excursion means that the daily average value of monitoring data for a parameter is greater than the maximum, or less than the minimum established value, except as provided in paragraphs (g)(2)(iv)(A) and (g)(2)(iv)(B) of this section.
              (A) The daily average value during any startup, shutdown, or malfunction shall not be considered an excursion for purposes of this paragraph (g)(2), if the owner or operator operates the source during such periods in accordance with § 63.102(a)(4).
              (B) An excused excursion, as described in § 63.152(c)(2)(ii) (B) and (C), shall not be considered an excursion for purposes of this paragraph (g)(2).
              [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63629, Dec. 12, 1995; 61 FR 64577, Dec. 5, 1996; 62 FR 2776, Jan. 17, 1997; 64 FR 20195, Apr. 26, 1999; 66 FR 6934, Jan. 22, 2001; 71 FR 20456, Apr. 20, 2006]

              § 63.153
              Implementation and enforcement.
              (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency.
              (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency.
              (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section.
              (1) Approval of alternatives to the requirements in §§ 63.110, 63.112 through 63.113, 63.119, 63.126, 63.132 through 63.140, 63.148 through 63.149, and 63.150(i)(1) through (4). Follow the requirements in § 63.121 to request permission to use an alternative means of emission limitation for storage vessels. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart.
              (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart.
              (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart.
              (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart.
              [68 FR 37344, June 23, 2003]

              Pt. 63, Subpt. G, Table 1
              Table 1 to Subpart G of Part 63—Process Vents—Coefficients for Total Resource Effectiveness for Existing Source Nonhalogenated and Halogenated Vent Streams

                  Type of Stream
                  Control Device Basis
                  Values of Coefficients
                  a
                  b
                  c
                  d

                  Nonhalogenated
                  Flare
                  1.935
                  3.660 × 10−1

                  −7.687 × 10−3

                  −7.333 × 10−4

                  Thermal Incinerator 0 Percent Heat Recovery
                  1.492
                  6.267 × 10−2

                  3.177 × 10−2

                  −1.159 × 10−3

                  Thermal Incinerator 70 Percent Heat Recovery
                  2.519
                  1.183 × 10−2

                  1.300 × 10−2

                  4.790 × 10−2

                  Halogenated
                  Thermal Incinerator and Scrubber
                  3.995
                  5.200 × 10−2

                  −1.769 × 10−3

                  9.700 × 10−4

              Pt. 63, Subpt. G, Table 1A
              Table 1A to Subpart G of Part 63—Applicable 40 CFR Part 63 General Provisions

                  40 CFR part 63, subpart A, provisions applicable to subpart G

                  § 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)

                  § 63.2

                  § 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), (d)(3)(iii) through (d)(3)(vi), (d)(4), (e), (f)(1), and (f)(2)

                  § 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16) and (j)

                  § 63.9(a)(2), (b)(4)(i)a, (b)(4)(ii), (b)(4)(iii), (b)(5)a, (c), (d)

                  § 63.10(d)(4)

                  § 63.11 (c), (d), and (e)

                  § 63.12(b)

                  a The notifications specified in § 63.9(b)(4)(i) and (b)(5) shall be submitted at the times specified in 40 CFR part 65.

              [59 FR 19468, Apr. 22, 1994, as amended at 73 FR 78213, Dec. 22, 2008]

              Pt. 63, Subpt. G, Table 2
              Table 2 to Subpart G of Part 63—Process Vents—Coefficients for Total Resource Effectiveness for New Source Nonhalogenated and Halogenated Vent Streams

                  Type of stream
                  Control device basis
                  Values of Coefficients
                  a
                  b
                  c
                  d

                  Nonhalogenated
                  Flare
                  0.5276
                  0.0998

                    −2.096 × 10−3

                  −2.000 × 10−4

                  Thermal Incinerator 0 Percent Heat Recovery
                  0.4068
                  0.0171
                  8.664 × 10−3

                  −3.162 × 10−4

                  Thermal Incinerator 70 Percent Heat Recovery
                  0.6868
                  3.209 × 10−3

                  3.546 × 10−3

                  1.306 × 10−2

                  Halogenated
                  Thermal Incinerator and Scrubber
                  1.0895
                  1.417 × 10−2

                  −4.822 × 10−4

                  2.645 × 10−4

              Pt. 63, Subpt. G, Table 3
              Table 3 to Subpart G of Part 63—Process Vents—Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98 Weight-Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or a Limit of 20 Parts Per Million by Volume

                  Control device
                  Parameters to bemonitored a

                  Recordkeeping and reporting requirements for monitored parameters

                  Thermal incinerator
                  Firebox temperature b [63.114(a)(1)(i)]
                  1. Continuous records. c
                    2. Record and report the firebox temperature averaged over the full period of the performance test—NCS. d

                    3. Record the daily average firebox temperature for each operating day. e

                    4. Report all daily average temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR. g

                  Catalytic incinerator
                  Temperature upstream and downstream of the catalyst bed [63.114(a)(1)(ii)]
                  1. Continuous records.2. Record and report the upstream and downstream temperatures and the temperature difference across the catalyst bed averaged over the full period of the performance test—NCS.
                    3. Record the daily average upstream temperature and temperature difference across the catalyst bed for each operating day. e

                    4. Report all daily average upstream temperatures that are outside the range established in the NCS or operating permit—PR.
                    5. Report all daily average temperature differences across the catalyst bed that are outside the range established in the NCS or operating permit—PR.
                    6. Report all operating days when insufficient monitoring data are collected. f

                  Boiler or process heater with a design heat input capacity less than 44 megawatts and vent stream is not introduced with or as the primary fuel
                  Firebox temperature b [63.114(a)(3)]
                  1. Continuous records.2. Record and report the firebox temperature averaged over the full period of the performance test—NCS.
                    3. Record the daily average firebox temperature for each operating day. e

                    4. Report all daily average firebox temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  Flare
                  Presence of a flame at the pilot light [63.114(a)(2)]
                  1. Hourly records of whether the monitor was continuously operating and whether the pilot flame was continuously present during each hour.2. Record and report the presence of a flame at the pilot light over the full period of the compliance determination—NCS.
                    3. Record the times and durations of all periods when all pilot flames are absent or the monitor is not operating.
                    4. Report the times and durations of all periods when all pilot flames of a flare are absent—PR.

                  Recapture devices
                  The appropriate monitoring device identified in table 4 when, in the table, the term “recapture” is substituted for “recovery.” [63.114(a)(5)]
                  1. The recordkeeping and reporting requirements for monitored parameters identified for the appropriate monitoring device in table 4 of this subpart.

                  Scrubber for halogenated vent streams (Note: Controlled by a combustion device other than a flare)
                  pH of scrubber effluent [63.114(a)(4)(i)], and
                  1. Continuous records.2. Record and report the pH of the scrubber effluent averaged over the full period of the performance test—NCS.
                    3. Record the daily average pH of the scrubber effluent for each operating day. e

                    4. Report all daily average pH values of the scrubber effluent that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  Scrubber for halogenated vent streams (Note: Controlled by a combustion device other than a flare) (Continued)
                  Scrubber liquid and gas flow rates [63.114(a)(4)(ii)]
                  1. Continuous records of scrubber liquid flow rate.2. Record and report the scrubber liquid/gas ratio averaged over the full period of the performance test—NCS.
                    3. Record the daily average scrubber liquid/gas ratio for each operating day. e

                    4. Report all daily average scrubber liquid/gas ratios that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  All control devices

                  Presence of flow diverted to the atmosphere from the control device [63.114(d)(1)] or

                  1. Hourly records of whether the flow indicator was operating and whether diversion was detected at any time during each hour.2. Record and report the times and durations of all periods when the vent stream is diverted through a bypass line or the monitor is not operating—PR.

                  Monthly inspections of sealed valves [63.114(d)(2)]
                  1. Records that monthly inspections were performed.2. Record and report all monthly inspections that show the valves are moved to the diverting position or the seal has been changed—PR.

                  a Regulatory citations are listed in brackets.

                  b Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat exchange is encountered.

                  c“Continuous records” is defined in § 63.111 of this subpart.

                  d NCS = Notification of Compliance Status described in § 63.152 of this subpart.

                  e The daily average is the average of all recorded parameter values for the operating day. If all recorded values during an operating day are within the range established in the NCS or operating permit, a statement to this effect can be recorded instead of the daily average.

                  f The periodic reports shall include the duration of periods when monitoring data is not collected for each excursion as defined in § 63.152(c)(2)(ii)(A) of this subpart.

                  g PR = Periodic Reports described in § 63.152 of this subpart.

              Pt. 63, Subpt. G, Table 4
              Table 4 to Subpart G of Part 63—Process Vents—Monitoring, Recordkeeping, and Reporting Requirements For Maintaining a TRE Index Value >1.0 and. ≤4.0

                  Final recovery device
                  Parameters to be monitored a

                  Recordkeeping and reporting requirements for monitored parameters

                  Absorber b

                  Exit temperature of the absorbing liquid [63.114(b)(1)], and
                  1. Continuous records c.2. Record and report the exit temperature of the absorbing liquid averaged over the full period of the TRE determination—NCS. d

                  3. Record the daily average exit temperature of the absorbing liquid for each operating day e.

                  4. Report all the daily average exit temperatures of the absorbing liquid that are outside the range established in the NCS or operating permit—PR f.

                  Exit specific gravity [63.114(b)(1)]
                  1. Continuous records.2. Record and report the exit specific gravity averaged over the full period of the TRE determination—NCS.

                  3. Record the daily average exit specific gravity for each operating day e.

                  4. Report all daily average exit specific gravity values that are outside the range established in the NCS or operating permit—PR.

                  Condenser d

                  Exit (product side) temperature [63.114(b)(2)]
                  1. Continuous records.2. Record and report the exit temperature averaged over the full period of the TRE determination—NCS.

                  3. Record the daily average exit temperature for each operating day e.

                  4. Report all daily average exit temperatures that are outside the range established in the NCS or operating permit—PR.

                  Carbon adsorber d

                  Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s) [63.114(b)(3)], and
                  1. Record of total regeneration stream mass or volumetric flow for each carbon bed regeneration cycle.2. Record and report the total regeneration stream mass or volumetric flow during each carbon bed regeneration cycle during the period of the TRE determination—NCS.

                  3. Report all carbon bed regeneration cycles when the total regeneration stream mass or volumetric flow is outside the range established in the NCS or operating permit—PR.

                  Temperature of the carbon bed after regeneration [and within 15 minutes of completing any cooling cycle(s)] [63.114(b)(3)]
                  1. Records of the temperature of the carbon bed after each regeneration.2. Record and report the temperature of the carbon bed after each regeneration during the period of the TRE determination—NCS.

                  3. Report all carbon bed regeneration cycles during which temperature of the carbon bed after regeneration is outside the range established in the NCS or operating permit—PR.

                  All recovery devices (as an alternative to the above)
                  Concentration level or reading indicated by an organic monitoring device at the outlet of the recovery device [63.114 (b)]
                  1. Continuous records.2. Record and report the concentration level or reading averaged over the full period of the TRE determination—NCS.

                  3. Record the daily average concentration level or reading for each operating day e.

                  4. Report all daily average concentration levels or readings that are outside the range established in the NCS or operating permit—PR.

                  aRegulatory citations are listed in brackets.

                  b Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of this table under “All Recovery Devices.”

                  c “Continuous records” is defined in § 63.111 of this subpart.

                  d NCS = Notification of Compliance Status described in § 63.152 of this subpart.

                  e The daily average is the average of all values recorded during the operating day. If all recorded values during an operating day are within the range established in the NCS or operating permit, a statement to this effect can be recorded instead of the daily average.

                  f PR= Periodic Reports described in § 63.152 of this subpart.

              Pt. 63, Subpt. G, Table 5
              Table 5 to Subpart G of Part 63—Group 1 Storage Vessels at Existing Sources

                  Vessel capacity (cubic meters)
                  Vapor Pressure 1 (kilopascals)

                  75 ≤capacity <151
                  ≥13.1

                  151 ≤capacity
                  ≥5.2

                  1 Maximum true vapor pressure of total organic HAP at storage temperature.

              Pt. 63, Subpt. G, Table 6
              Table 6 to Subpart G of Part 63—Group 1 Storage Vessels at New Sources

                  Vessel capacity(cubic meters)

                  Vapor pressure a
                    (kilopascals)

                  38 ≤capacity<151
                  ≥13.1

                  151 ≤capacity
                  ≥0.7

                  a Maximum true vapor pressure of total organic HAP at storage temperature.

              Pt. 63, Subpt. G, Table 7
              Table 7 to Subpart G of Part 63—Transfer Operations—Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98 Weight-Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or a Limit of 20 Parts Per Million by Volume

                  Control device
                  Parameters to be monitored a

                  Recordkeeping and reporting requirements formonitored parameters

                  Thermal incinerator
                  Firebox temperature b [63.127(a)(1)(i)]
                  1. Continuous records c during loading.2. Record and report the firebox temperature averaged over the full period of the performance test—NCS. d

                  3. Record the daily average firebox temperature for each operating day e

                  4. Report daily average temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PRg

                  Catalytic incinerator
                  Temperature upstream and downstream of the catalyst bed [63.127(a)(1)(ii)]
                  1. Continuous records during loading.2. Record and report the upstream and downstream temperatures and the temperature difference across the catalyst bed averaged over the full period of the performance test—NCS.

                  3. Record the daily average upstream temperature and temperature difference across catalyst bed for each operating day. e

                  4. Report all daily average upstream temperatures that are outside the range established in the NCS or operating permit—PR.

                  5. Report all daily average temperature differences across the catalyst bed that are outside the range established in the NCS or operating permit—PR.

                  6. Report all operating days when insufficient monitoring data are collected. f

                  Boiler or process heater with a design heat input capacity less than 44 megawatts and vent stream is not introduced with or as the primary fuel
                  Firebox temperature b [63.127(a)(3)]
                  1. Continuous records during loading.2. Record and report the firebox temperature averaged over the full period of the performance test—NCS.

                  3. Record the daily average firebox temperature for each operating day. e

                  4. Report all daily average firebox temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient data are collectedf—PR.

                  Flare
                  Presence of a flame at the pilot light [63.127(a)(2)]
                  1. Hourly records of whether the monitor was continuously operating and whether the pilot flame was continuously present during each hour.

                  2. Record and report the presence of a flame at the pilot light over the full period of the compliance determination—NCS.

                  3. Record the times and durations of all periods when all pilot flames are absent or the monitor is not operating.

                  4. Report the duration of all periods when all pilot flames of a flare are absent—PR.

                  Scrubber for halogenated vent streams (Note: Controlled by a combustion device other than a flare)
                  pH of scrubber effluent [63.127(a)(4)(i)], and
                  1. Continuous records during loading.2. Record and report the pH of the scrubber effluent averaged over the full period of the performance test—NCS.

                  3. Record the daily average pH of the scrubber effluent for each operating day. e

                  4. Report all daily average pH values of the scrubber effluent that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  Scrubber liquid and gas flow rates [63.127(a)(4)(ii)]
                  1. Continuous records during loading of scrubber liquid flow rate.2. Record and report the scrubber liquid/gas ratio averaged over the full period of the performance test—NCS.

                  3. Record the daily average scrubber liquid/gas ratio for each operating day. e

                  4. Report all daily average scrubber liquid/gas ratios that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  Absorber h

                  Exit temperature of the absorbing liquid [63.127(b)(1)], and
                  1. Continuous records during loading.2. Record and report the exit temperature of the absorbing liquid averaged over the full period of the performance test—NCS.

                  3. Record the daily average exit temperature of the absorbing liquid for each operating day. e

                  4. Report all daily average exit temperatures of the absorbing liquid that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  Exit specific gravity [63.127(b)(1)]
                  1. Continuous records during loading.2. Record and report the exit specific gravity averaged over the full period of the performance test—NCS.

                  3. Record the daily average exit specific gravity for each operating day. e

                  4. Report all daily average exit specific gravity values that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  Condenser h

                  Exit (product side) temperature [63.127(b)(2)]
                  1. Continuous records during loading.2. Record and report the exit temperature averaged over the full period of the performance test—NCS.

                  3. Record the daily average exit temperature for each operating day. e

                  4. Report all daily average exit temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  Carbon adsorber h

                  Total regeneration stream mass or volumetric or volumetric flow during carbon bed regeneration cycle(s) [63.127(b)(3)], and
                  1. Record of total regeneration stream mass or volumetric flow for each carbon bed regeneration cycle.2. Record and report the total regeneration stream mass or volumetric flow during each carbon bed regeneration cycle during the period of the performance test—NCS.

                  3. Report all carbon bed regeneration cycles when the total regeneration stream mass or volumetric flow is outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  Temperature of the carbon bed after regeneration [and within 15 minutes of completing any cooling cycle(s)] [63.127(b)(3)]
                  1. Records of the temperature of the carbon bed after each regeneration.2. Record and report the temperature of the carbon bed after each regeneration during the period of the performance test—NCS.

                  3. Report all the carbon bed regeneration cycles during which the temperature of the carbon bed after regeneration is outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  All recovery devices (as an alternative to the above)
                  Concentration level or reading indicated by an organic monitoring device at the outlet of the recovery device [63.127(b)]
                  1. Continuous records during loading.2. Record and report the concentration level or reading averaged over the full period of the performance test—NCS.

                  3. Record the daily average concentration level or reading for each operating day. d

                  4. Report all daily average concentration levels or readings that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f—PR.

                  All control devices and vapor balancing systems
                  Presence of flow diverted to the atmosphere from the control device [63.127(d)(1)] or
                  1. Hourly records of whether the flow indicator was operating and whether a diversion was detected at any time during each hour.

                  2. Record and report the duration of all periods when the vent stream is diverted through a bypass line or the monitor is not operating—PR.

                  Monthly inspections of sealed valves [63.127(d)(2)]
                  1. Records that monthly inspections were performed.2. Record and report all monthly inspections that show the valves are moved to the diverting position or the seal has been changed.

                  a Regulatory citations are listed in brackets.

                  b Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat exchange is encountered.

                  c “Continuous records” is defined in § 63.111 of this subpart.

                  d NCS = Notification of Compliance Status described in § 63.152 of this subpart.

                  e The daily average is the average of all recorded parameter values for the operating day. If all recorded values during an operating day are within the range established in the NCS or operating permit, a statement to this effect can be recorded instead of the daily average.

                  f The periodic reports shall include the duration of periods when monitoring data are not collected for each excursion as defined in § 63.152(c)(2)(ii)(A) of this subpart.

                  g PR = Periodic Reports described in § 63.152 of this subpart.

                  h Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of this table under “All Recovery Devices.”

              Pt. 63, Subpt. G, Table 8
              Table 8 to Subpart G of Part 63—Organic HAP's Subject to the Wastewater Provisions for Process Units at New Sources

                  Chemical name
                  CAS No. a

                  Allyl chloride
                  107051

                  Benzene
                  71432

                  Butadiene (1,3-)
                  106990

                  Carbon disulfide
                  75150

                  Carbon tetrachloride
                  56235

                  Cumene
                  98828

                  Ethylbenzene
                  100414

                  Ethyl chloride (Chloroethane)
                  75003

                  Ethylidene dichloride
                  75343

                   (1,1-Dichloroethane).

                  Hexachlorobutadiene
                  87683

                  Hexachloroethane
                  67721

                  Hexane
                  100543

                  Methyl bromide (Bromomethane)
                  74839

                  Methyl chloride (Chloromethane)
                  74873

                  Phosgene
                  75445

                  Tetrachloroethylene (Perchloroethylene)
                  127184

                  Toluene
                  108883

                  Trichloroethane (1,1,1-) (Methyl chloroform)
                  71556

                  Trichloroethylene
                  79016

                  Trimethylpentane (2,2,4-)
                  540841

                  Vinyl chloride (chloroethylene)
                  75014

                  Vinylidene chloride
                  75354

                   (1,1-Dichloroethylene).

                  Xylene (m-)
                  108383

                  Xylene (p-)
                  106423

                  a CAS numbers refer to the Chemical Abstracts Service registry number assigned to specific compounds, isomers, or mixtures of compounds.

                  Note. The list of organic HAP's on table 8 is a subset of the list of organic HAP's on table 9 of this subpart.

              Pt. 63, Subpt. G, Table 9
              Table 9 to Subpart G of Part 63—Organic HAP's Subject to the Wastewater Provisions for Process Units at New and Existing Sources and Corresponding Fraction Removed (Fr) Values

                  Chemical name
                  CAS No. a

                  Fr

                  Acetaldehyde
                  75070
                  0.95

                  Acetonitrile
                  75058
                  0.62

                  Acetophenone
                  98862
                  0.72

                  Acrolein
                  107028
                  0.96

                  Acrylonitrile
                  107131
                  0.96

                  Allyl chloride
                  107051
                  0.99

                  Benzene
                  71432
                  0.99

                  Benzyl chloride
                  100447
                  0.99

                  Biphenyl
                  92524
                  0.99

                  Bromoform
                  75252
                  0.99

                  Butadiene (1,3-)
                  106990
                  0.99

                  Carbon disulfide
                  75150
                  0.99

                  Carbon tetrachloride
                  56235
                  0.99

                  Chlorobenzene
                  108907
                  0.99

                  Chloroform
                  67663
                  0.99

                  Chloroprene (2-Chloro-1,3-butadiene)
                  126998
                  0.99

                  Cumene
                  98828
                  0.99

                  Dichlorobenzene (p-)
                  106467
                  0.99

                  Dichloroethane (1,2-) (Ethylene dichloride)
                  107062
                  0.99

                  Dichloroethyl ether (Bis(2-chloroethyl)ether)
                  111444
                  0.87

                  Dichloropropene (1,3-)
                  542756
                  0.99

                  Diethyl sulfate
                  64675
                  0.90

                  Dimethyl sulfate
                  77781
                  0.53

                  Dimethylaniline (N,N-)
                  121697
                  0.99

                  Dimethylhydrazine (1,1-)
                  57147
                  0.57

                  Dinitrophenol (2,4-)
                  51285
                  0.99

                  Dinitrotoluene (2,4-)
                  121142
                  0.38

                  Dioxane (1,4-) (1,4-Diethyleneoxide)
                  123911
                  0.37

                  Epichlorohydrin(1-Chloro-2,3-epoxypropane)
                  106898
                  0.91

                  Ethyl acrylate
                  140885
                  0.99

                  Ethylbenzene
                  100414
                  0.99

                  Ethyl chloride (Chloroethane)
                  75003
                  0.99

                  Ethylene dibromide (Dibromomethane)
                  106934
                  0.99

                  Ethylene glycol dimethyl ether
                  110714
                  0.90

                  Ethylene glycol monobutyl ether acetate
                  112072
                  0.76

                  Ethylene glycol monomethyl ether acetate
                  110496
                  0.28

                  Ethylene oxide
                  75218
                  0.98

                  Ethylidene dichloride (1,1-Dichloroethane)
                  75343
                  0.99

                  Hexachlorobenzene
                  118741
                  0.99

                  Hexachlorobutadiene
                  87683
                  0.99

                  Hexachloroethane
                  67721
                  0.99

                  Hexane
                  110543
                  0.99

                  Isophorone
                  78591
                  0.60

                  Methanol
                  67561
                  0.31

                  Methyl bromide (Bromomethane)
                  74839
                  0.99

                  Methyl chloride (Chloromethane)
                  74873
                  0.99

                  Methyl isobutyl ketone (Hexone)
                  108101
                  0.99

                  Methyl methacrylate
                  80626
                  0.98

                  Methyl tert-butyl ether
                  1634044
                  0.99

                  Methylene chloride (Dichloromethane)
                  75092
                  0.99

                  Naphthalene
                  91203
                  0.99

                  Nitrobenzene
                  98953
                  0.80

                  Nitropropane (2-)
                  79469
                  0.98

                  Phosgene
                  75445
                  0.99

                  Propionaldehyde
                  123386
                  0.99

                  Propylene dichloride (1,2-Dichloropropane)
                  78875
                  0.99

                  Propylene oxide
                  75569
                  0.99

                  Styrene
                  100425
                  0.99

                  Tetrachloroethane (1,1,2,2-)
                  79345
                  0.99

                  Tetrachloroethylene (Perchloroethylene)
                  127184
                  0.99

                  Toluene
                  108883
                  0.99

                  Toluidine (o-)
                  95534
                  0.44

                  Trichlorobenzene (1,2,4-)
                  120821
                  0.99

                  Trichloroethane (1,1,1-) (Methyl chloroform)
                  71556
                  0.99

                  Trichloroethane (1,1,2-) (Vinyl trichloride)
                  79005
                  0.99

                  Trichloroethylene
                  79016
                  0.99

                  Trichlorophenol (2,4,5-)
                  95954
                  0.96

                  Triethylamine
                  121448
                  0.99

                  Trimethylpentane (2,2,4-)
                  540841
                  0.99

                  Vinyl acetate
                  108054
                  0.99

                  Vinyl chloride (Chloroethylene)
                  75014
                  0.99

                  Vinylidene chloride (1,1-Dichloroethylene)
                  75354
                  0.99

                  Xylene (m-)
                  108383
                  0.99

                  Xylene (o-)
                  95476
                  0.99

                  Xylene (p-)
                  106423
                  0.99

                  a CAS numbers refer to the Chemical Abstracts Service registry number assigned to specific compounds, isomers, or mixtures of compounds.

              [59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006]

              Pt. 63, Subpt. G, Table 10
              Table 10 to Subpart G of Part 63—Wastewater—Compliance Options for Wastewater Tanks

                  Capacity (m3)
                  Maximum true vapor pressure (kPa)
                  Control requirements

                  <75

                  § 63.133(a)(1)

                  “75 and <151
                  <13.1”13.1

                  § 63.133(a)(1)§ 63.133(a)(2)

                  “151
                  <5.2”5.2

                  § 63.133(a)(1)§ 63.133(a)(2)

              Pt. 63, Subpt. G, Table 11
              Table 11 to Subpart G of Part 63—Wastewater—Inspection and Monitoring Requirements for Waste Management Units

                  To comply with
                  Inspection or monitoring requirement
                  Frequency of inspection or monitoring
                  Method

                  Tanks:

                  63.133(b)(1)
                  Inspect fixed roof and all openings for leaks
                  Initially Semi-annually
                  Visual.

                  63.133(c)
                  Inspect floating roof in accordance with §§ 63.120 (a)(2) and (a)(3)
                  See § 63.120 (a)(2) and (a)(3)
                  Visual.

                  63.133(d)
                  Measure floating roof seal gaps in accordance with §§ 63.120 (b)(2)(i) through (b)(4)

                  See § 63.120 (b)(2)(i) through (b)(4).

                  —Primary seal gaps
                  Once every 5 years Initially Annually

                  —Secondary seal gaps

                  63.133(f) 63.133(g)
                  Inspect wastewater tank for control equipment failures and improper work practices
                  Initially Semi-annually
                  Visual.

                  Surface impoundments:

                  63.134(b)(1)
                  Inspect cover and all openings for leaks
                  Initially Semi-annually
                  Visual.

                  63.134(c)
                  Inspect surface impoundment for control equipment failures and improper work practices
                  Initially Semi-annually
                  Visual.

                  Containers:

                  63.135(b)(1), 63.135(b)(2) (ii)
                  Inspect cover and all openings for leaks
                  Initially Semi-annually
                  Visual.

                  63.135(d)(1)
                  Inspect enclosure and all openings for leaks
                  Initially Semi-annually
                  Visual.

                  63.135(e)
                  Inspect container for control equipment failures and improper work practices
                  Initially Semi-annually
                  Visual.

                  Individual Drain Systems a:

                  63.136(b)(1)
                  Inspect cover and all openings to ensure there are no gaps, cracks, or holes
                  Initially Semi-annually
                  Visual.

                  63.136(c)
                  Inspect individual drain system for control equipment failures and improper work practices
                  Initially Semi-annually
                  Visual.

                  63.136(e)(1)
                  Verify that sufficient water is present to properly maintain integrity of water seals
                  Initially Semi-annually
                  Visual.

                  63.136(e)(2), 63.136(f)(1)
                  Inspect all drains using tightly-fitted caps or plugs to ensure caps and plugs are in place and properly installed
                  Initially Semi-annually
                  Visual.

                  63.136(f)(2)
                  Inspect all junction boxes to ensure covers are in place and have no visible gaps, cracks, or holes
                  Initially Semi-annually
                  Visual or smoke test or other means as specified.

                  63.136(f)(3)
                  Inspect unburied portion of all sewer lines for cracks and gaps
                  Initially Semi-annually
                  Visual.

                  Oil-water separators:

                  63.137(b)(1)
                  Inspect fixed roof and all openings for leaks
                  Initially Semi-annually
                  Visual.

                  63.137(c)
                  Measure floating roof seal gaps in accordance with 40 CFR 60.696(d)(1)
                  Initially b

                  See 40 CFR 60.696(d)(1).

                  —Primary seal gaps
                  Once every 5 years

                  63.137(c)
                  —Secondary seal gaps
                  Initially b Annually

                  63.137(d)
                  Inspect oil-water separator for control equipment failures and improper work practices
                  Initially Semi-annually
                  Visual.

                  a As specified in § 63.136(a), the owner or operator shall comply with either the requirements of § 63.136 (b) and (c) or § 63.136 (e) and (f).

                  b Within 60 days of installation as specified in § 63.137(c).

              Pt. 63, Subpt. G, Table 12
              Table 12 to Subpart G of Part 63—Monitoring Requirements for Treatment Processes

                  To comply with
                  Parameters to be monitored
                  Frequency
                  Methods

                  1. Required mass removal of Table 8 and/or Table 9 compound(s) from wastewater treated in a properly operated biological treatment unit, § 63.138(f), and § 63.138(g)
                  Appropriate parameters as specified in § 63.143(c) and approved by permitting authority
                  Appropriate frequency as specified in § 63.143 and approved by permitting authority
                  Appropriate methods as specified in § 63.143 and as approved by permitting authority.

                  2. Steam stripper
                  (i) Steam flow rate; and
                  Continuously
                  Integrating steam flow monitoring device equipped with a continuous recorder.

                  (ii) Wastewater feed mass flow rate; and
                  Continuously
                  Liquid flow meter installed at stripper influent and equipped with a continuous recorder.

                  (iii) Wastewater feed temperature; or(iv) Column operating temperature

                  Continuously
                  (A) Liquid temperature monitoring device installed at stripper influent and equipped with a continuous or recorder; or(B) Liquid temperature monitoring device installed in the column top tray liquid phase (i.e., at the downcomer) and equipped with a continuous recorder.

                  3. Other treatment processes or alternative monitoring parameters to those listed in item 2 of this table
                  Other parameters may be monitored upon approval from the Administrator with the requirements specified in § 63.151(f)

              Pt. 63, Subpt. G, Table 13
              Table 13 to Subpart G of Part 63—Wastewater—Monitoring Requirements for Control Devices

                  Control Device
                  Monitoring equipment required
                  Parameters to be monitored
                  Frequency

                  All control devices
                  1. Flow indicator installed at all bypass lines to the atmosphere and equipped with continuous recorder b
                    or

                  1. Presence of flow diverted from the control device to the atmosphere or

                  Hourly records of whether the flow indicator was operating and whether a diversion was detected at any time during each hour

                  2. Valves sealed closed with car-seal or lock-and-key configuration
                  2. Monthly inspections of sealed valves
                  Monthly.

                  Thermal Incinerator
                  Temperature monitoring device installed in firebox or in ductwork immediately downstream of firebox a and equipped with a continuous recorder b

                  Firebox temperature
                  Continuous.

                  Catalytic Incinerator
                  Temperature monitoring device installed in gas stream immediately before and after catalyst bed and equipped with a continuous recorder b

                  1. Temperature upstream of catalyst bed or
                    2. Temperature difference across catalyst bed

                  Continuous.

                  Flare
                  Heat sensing device installed at the pilot light and equipped with a continuous recorder a

                  Presence of a flame at the pilot light
                  Hourly records of whether the monitor was continuously operating and whether the pilot flame was continuously present during each hour.

                  Boiler or process heater <44 megawatts and vent stream is not mixed with the primary fuel
                  Temperature monitoring device installed in firebox a and equipped with continuous recorder b

                  Combustion temperature
                  Continuous.

                  Condenser
                  Temperature monitoring device installed at condenser exit and equipped with continuous recorder b

                  Condenser exit (product side) temperature
                  Continuous.

                  Carbon adsorber (regenerative)

                  Integrating regeneration stream flow monitoring device having an accuracy of ±10 percent, and

                  Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s)
                  For each regeneration cycle, record the total regeneration stream mass or volumetric flow.

                  Carbon bed temperature monitoring device
                  Temperature of carbon bed after regeneration [and within 15 minutes of completing any cooling cycle(s)]
                  For each regeneration cycle and within 15 minutes of completing any cooling cycle, record the carbon bed temperature.

                  Carbon adsorber (Non-regenerative)
                  Organic compound concentration monitoring device. c

                  Organic compound concentration of adsorber exhaust
                  Daily or at intervals no greater than 20 percent of the design carbon replacement interval, whichever is greater.

                  Alternative monitoring parameters
                  Other parameters may be monitored upon approval from the Administrator in accordance with the requirements in § 63.143(e)(3)

                  a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat exchange is encountered.

                  b “Continuous recorder” is defined in § 63.111 of this subpart.

                  c As an alternative to conducting this monitoring, an owner or operator may replace the carbon in the carbon adsorption system with fresh carbon at a regular predetermined time interval that is less than the carbon replacement interval that is determined by the maximum design flow rate and organic concentration in the gas stream vented to the carbon adsorption system.

              Tables 14-14b to Subpart G of Part 63 [Reserved]

              Pt. 63, Subpt. G, Table 15
              Table 15 to Subpart G of Part 63—Wastewater—Information on Table 8 and/or Table 9 Compounds To Be Submitted With Notification of Compliance Status for Process Units at New and/or Existing Sources a b

                  Process unit identification code c

                  Stream identification code
                  Concentration of table 8 and/or table 9 compound(s) (ppmw) d e

                  Flow rate (lpm) e f

                  Group 1 or Group 2 g

                  Compliance approach h

                  Treatment process(es) identification i

                  Waste management unit(s) identification
                  Intended control device

                  a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.

                  b Other requirements for the NCS are specified in § 63.152(b) of this subpart.

                  c Also include a description of the process unit (e.g., benzene process unit).

                  d Except when § 63.132(e) is used, annual average concentration as specified in § 63.132 (c) or (d) and § 63.144.

                  e When § 63.132(e) is used, indicate the wastewater stream is a designated Group 1 wastewater stream.

                  f Except when § 63.132(e) is used, annual average flow rate as specified in § 63.132 (c) or (d) and in § 63.144.

                  g Indicate whether stream is Group 1 or Group 2. If Group 1, indica0te whether it is Group 1 for Table 8 or Table 9 compounds or for both Table 8 and Table 9 compounds.

                  h Cite § 63.138 compliance option used.

              Table 16 to Subpart G of Part 63 [Reserved]

              Pt. 63, Subpt. G, Table 17
              Table 17 to Subpart G of Part 63—Information for Treatment Processes To Be Submitted With Notification of Compliance Status a b

                  Treatment process identification c

                  Description d

                  Wastewater stream(s) treated e

                  Monitoring parameters f

                  a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.

                  b Other requirements for the Notification of Compliance Status are specified in § 63.152(b) of this Subpart.

                  c Identification codes should correspond to those listed in Table 15.

                  d Description of treatment process.

                  e Stream identification code for each wastewater stream treated by each treatment unit. Identification codes should correspond to entries listed in Table 15.

                  f Parameter(s) to be monitored or measured in accordance with Table 12 and § 63.143.

              Pt. 63, Subpt. G, Table 18
              Table 18 to Subpart G of Part 63—Information for Waste Management Units To Be Submitted With Notification of Compliance Status a b

                  Waste management unit identification c

                  Description d

                  Wastewater stream(s) received or managed e

                  a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.

                  b Other requirements for the Notification of Compliance Status are specified in § 63.152(b) of this Subpart.

                  c Identification codes should correspond to those listed in Table 15.

                  d Description of waste management unit.

                  e Stream identification code for each wastewater stream received or managed by each waste management unit. Identification codes should correspond to entries listed in Table 15.

              Pt. 63, Subpt. G, Table 19
              Table 19 to Subpart G of Part 63—Wastewater—Information on Residuals To Be Submitted With Notification of Compliance Status a b

                  Residual identification c

                  Residual description d

                  Wastewater stream identification e

                  Treatment process f

                  Fate g

                  Control device identification code
                  Control device description h

                  Control device efficiency i

                  a The information specified in this table must be submitted; however, it may be submitted in any format. This table presents an example format.

                  b Other requirements for the Notification of Compliance Status are specified in § 63.152(b) of this subpart.

                  c Name or identification code of residual removed from Group 1 wastewater stream.

                  d Description of residual (e.g., steam stripper A-13 overhead condensates).

                  e Identification of stream from which residual is removed.

                  f Treatment process from which residual originates.

                  g Indicate whether residual is sold, returned to production process, or returned to waste management unit or treatment process; or whether HAP mass of residual is destroyed by 99 percent.

                  h If the fate of the residual is such that the HAP mass is destroyed by 99 percent, give description of device used for HAP destruction.

                  i If the fate of the residual is such that the HAP mass is destroyed by 99 percent, provide an estimate of control device efficiency and attach substantiation in accordance with § 63.146(b)(9) of this subpart.

              Pt. 63, Subpt. G, Table 20
              Table 20 to Subpart G of Part 63—Wastewater—Periodic Reporting Requirements for Control Devices Subject to § 63.139 Used To Comply With §§ 63.13 Through 63.139

                  Control device
                  Reporting requirements

                  (1) Thermal Incinerator
                  Report all daily average a temperatures that are outside the range established in the NCS b or operating permit and all operating days when insufficient monitoring data are collected. c

                  (2) Catalytic Incinerator
                  (i) Report all daily average a upstream temperatures that are outside the range established in the NCS b or operating permit.

                  (ii) Report all daily average a temperature differences across the catalyst bed that are outside the range established in the NCS b or operating permit.

                  (iii) Report all operating days when insufficient monitoring data are collected. c

                  (3) Boiler or Process Heater with a design heat input capacity less than 44 megawatts and vent stream is not mixed with the primary fuel
                  Report all daily average a firebox temperatures that are outside the range established in the NCS b or operating permit and all operating days when insufficient monitoring data are collected. c

                  (4) Flare
                  Report the duration of all periods when all pilot flames are absent.

                  (5) Condenser
                  Report all daily average a exit temperatures that are outside the range established in the NCS b or operating permit and all operating days when insufficient monitoring data are collected c.

                  (6) Carbon Adsorber (Regenerative)
                  (i) Report all carbon bed regeneration cycles when the total regeneration stream mass or volumetric flow is outside the range established in the NCS b or operating permit.

                  (ii) Report all carbon bed regeneration cycles during which the temperature of the carbon bed after regeneration is outside the range established in the NCS b or operating permit.

                  (iii) Report all operating days when insufficient monitoring data are collected c.

                  (7) Carbon Adsorber (Non-Regenerative)
                  (i) Report all operating days when inspections not done according to the schedule developed as specified in table 13 of this subpart.

                  (ii) Report all operating days when carbon has not been replaced at the frequency specified in table 13 of this subpart.

                  (8) All Control Devices
                  (i) Report the times and durations of all periods when the vent stream is diverted through a bypass line or the monitor is not operating, or

                  (ii) Report all monthly inspections that show the valves are moved to the diverting position or the seal has been changed.

                  a The daily average is the average of all values recorded during the operating day, as specified in § 63.147(d).

                  b NCS = Notification of Compliance Status described in § 63.152.

                  c The periodic reports shall include the duration of periods when monitoring data are not collected for each excursion as defined in § 63.152(c)(2)(ii)(A).

              Pt. 63, Subpt. G, Table 21

              Table 21 to Subpart G of Part 63—Average Storage Temperature (Ts) as a Function of Tank Paint Color

                  Tank Color
                  Average Storage Temperature (Ts)

                  White
                  TA a = 0

                  Aluminum
                  TA = 2.5

                  Gray
                  TA = 3.5

                  Black
                  TA = 5.0

                  a TA is the average annual ambient temperature in degrees Fahrenheit.

              Pt. 63, Subpt. G, Table 22
              Table 22 to Subpart G of Part 63—Paint Factors for Fixed Roof Tanks

                  Tank color
                  Roof
                  Shell
                  Paint factors (Fp)Paint Condition

                  Good
                  Poor

                  White
                  White
                  1.00
                  1.15

                  Aluminum (specular)
                  White
                  1.04
                  1.18

                  White
                  Aluminum (specular)
                  1.16
                  1.24

                  Aluminum (specular)
                  Aluminum (specular)
                  1.20
                  1.29

                  White
                  Aluminum (diffuse)
                  1.30
                  1.38

                  Aluminum (diffuse)
                  Aluminum (diffuse)
                  1.39
                  1.46

                  White
                  Gray
                  1.30
                  1.38

                  Light gray
                  Light gray
                  1.33
                  1.44

                  Medium gray
                  Medium gray
                  1.40
                  1.58

              Pt. 63, Subpt. G, Table 23

              Table 23 to Subpart G of Part 63—Average Clingage Factors (c) a

                  Liquid
                  Shell condition
                  Light rust b

                  Dense rust
                  Gunite lined

                  Gasoline
                  0.0015
                  0.0075
                  0.15

                  Single component stocks
                  0.0015
                  0.0075
                  0.15

                  Crude oil
                  0.0060
                  0.030
                  0.60

                  a Units for average clingage factors are barrels per 1,000 square feet.

                  b If no specific information is available, these values can be assumed to represent the most common condition of tanks currently in use.

              Pt. 63, Subpt. G, Table 24
              Table 24 to Subpart G of Part 63—Typical Number of Columns as a Function of Tank Diameter for Internal Floating Roof Tanks With Column Supported Fixed Roofs a

                  Tank diameter range (D in feet)
                  Typical number of columns, (NC)

                  0 <D ≤85
                  1

                  85 <D ≤100
                  6

                  100 <D ≤120
                  7

                  120 <D ≤135
                  8

                  135 <D ≤150
                  9

                  150 <D ≤170
                  16

                  170 <D ≤190
                  19

                  190 <D ≤220
                  22

                  220 <D ≤235
                  31

                  235 <D ≤270
                  37

                  270 <D ≤275
                  43

                  275 <D ≤290
                  49

                  290 <D ≤330
                  61

                  330 <D ≤360
                  71

                  360 <D ≤400
                  81

                  a Data in this table should not supersede information on actual tanks.

              Pt. 63, Subpt. G, Table 25

              Table 25 to Subpart G of Part 63—Effective Column Diameter (Fc)

                  Column type
                  Fc (feet)

                  9-inch by 7-inch built-up columns
                  1.1

                  8-inch-diameter pipe columns
                  0.7

                  No construction details known
                  1.0

              Pt. 63, Subpt. G, Table 26
              Table 26 to Subpart G of Part 63—Seal Related Factors for Internal Floating Roof Vessels

                  Seal type
                  KS

                  n

                  Liquid mounted resilient seal:

                  Primary seal only
                  3.0
                  0

                  With rim-mounted secondary seal a

                  1.6
                  0

                  Vapor mounted resilient seal:

                  Primary seal only
                  6.7
                  0

                  With rim-mounted secondary seal a

                  2.5
                  0

                  a If vessel-specific information is not available about the secondary seal, assume only a primary seal is present.

              Pt. 63, Subpt. G, Table 27

              Table 27 to Subpart G of Part 63—Summary of Internal Floating Deck Fitting Loss Factors (KF) and Typical Number of Fittings (NF)

                  Deck fitting type
                  Deck fitting loss factor (KF) a

                  Typical number of fittings (NF)

                  Access hatch

                  1.

                  Bolted cover, gasketed
                  1.6

                  Unbolted cover, gasketed
                  11

                  Unbolted cover, ungasketed

                    b 25

                  Automatic gauge float well

                  1.

                  Bolted cover, gasketed
                  5.1

                  Unbolted cover, gasketed
                  15

                  Unbolted cover, ungasketed

                    b 28

                  Column well

                  (see Table 24).

                  Builtup column-sliding cover, gasketed
                  33

                  Builtup column-sliding cover, ungasketed

                    b 4710

                  Pipe column-flexible fabric sleeve seal
                  19

                  Pipe column-sliding cover, gasketed
                  32

                  Pipe column-sliding cover, ungasketed

                  Ladder well

                  1.

                  Sliding cover, gasketed
                  56

                  Sliding cover, ungasketed

                    b 76

                  Roof leg or hanger well

                  (5 + D/10 + D 2/600) c.

                  Adjustable

                    b 7.9

                  Fixed
                  0

                  Sample pipe or well

                  1.

                  Slotted pipe-sliding cover, gasketed
                  44

                  Slotted pipe-sliding cover, ungasketed
                  57

                  Sample well-slit fabric seal, 10 percent open area

                    b 12

                  Stub drain, 1-in diameter d

                  1.2
                  (D 2/125) c.

                  Vacuum breaker

                  1.

                  Weighted mechanical actuation, gasketed

                    b 0.7

                  Weighted mechanical actuation, ungasketed
                  0.9

                  a Units for KF are pound-moles per year.

                  b If no specific information is available, this value can be assumed to represent the most common/typical deck fittings currently used.

                  c D = Tank diameter (feet).

                  d Not used on welded contact internal floating decks.

              Pt. 63, Subpt. G, Table 28

              Table 28 to Subpart G of Part 63—Deck Seam Length Factors a (SD) for Internal Floating Roof Tanks

                  Deck construction
                  Typical deck seam length factor

                  Continuous sheet construction b:

                  5-feet wide sheets
                  0.2 c

                  6-feet wide sheets
                  0.17

                  7-feet wide sheets
                  0.14

                  Panel construction d:

                  5 × 7.5 feet rectangular
                  0.33

                  5 × 12 feet rectangular
                  0.28

                  a Deck seam loss applies to bolted decks only. Units for SD are feet per square feet.

                  b SD = 1/W, where W = sheet width (feet).

                  c If no specific information is available, these factors can be assumed to represent the most common bolted decks currently in use.

                  d SD = (L + W)/LW, where W = panel width (feet), and L = panel length (feet).

              Pt. 63, Subpt. G, Table 29
              Table 29 to Subpart G of Part 63—Seal Related Factors for External Floating Roof Vessels

                  Seal type
                  Welded vessels
                  KS

                  N
                  Riveted vessels
                  KS

                  N

                  Metallic shoe seal:

                  Primary seal only
                  1.2
                  1.5
                  1.3
                  1.5

                  With shoe-mounted secondary seal
                  0.8
                  1.2
                  1.4
                  1.2

                  With rim-mounted secondary seal
                  0.2
                  1.0
                  0.2
                  1.6

                  Liquid mounted resilient seal:

                  Primary seal only
                  1.1
                  1.0

                    a NA
                  NA

                  With weather shield
                  0.8
                  0.9
                  NA
                  NA

                  With rim-mounted secondary seal
                  0.7
                  0.4
                  NA
                  NA

                  Vapor mounted resilient seal:

                  Primary seal only
                  1.2
                  2.3
                  NA
                  NA

                  With weather shield
                  0.9
                  2.2
                  NA
                  NA

                  With rim-mounted secondary seal
                  0.2
                  2.6
                  NA
                  NA

                  a NA = Not applicable.

              Pt. 63, Subpt. G, Table 30

              Table 30 to Subpart G of Part 63—Roof Fitting Loss Factors, KFa, KFb, and m, a and Typical Number of Fittings, NT

                  Fitting type and construction details
                  Loss factors b

                  KFa (lb-mole/yr)
                  KFb (lb-mole/[mi/hr]m-yr)
                  m (dimensionless)
                  Typical number of fittings, NT

                  Access hatch (24-in-diameter well)

                  1.

                  Bolted cover, gasketed
                  0
                  0

                    c 0

                  Unbolted cover, ungasketed
                  2.7
                  7.1
                  1.0

                  Unbolted cover, gasketed
                  2.9
                  0.41
                  1.0

                  Unslotted guide-pole well (8-in-diameter unslotted pole, 21-in-diameter well)

                  1.

                  Ungasketed sliding cover
                  0
                  67

                    c 0.98

                  Gasketed sliding cover
                  0
                  3.0
                  1.4

                  Slotted guide-pole/sample well (8-in-diameter unslotted pole, 21-in-diameter well)

                  (d).

                  Ungasketed sliding cover, without float
                  0
                  310
                  1.2

                  Ungasketed sliding cover, with float
                  0
                  29
                  2.0

                  Gasketed sliding cover, without float
                  0
                  260
                  1.2

                  Gasketed sliding cover, with float
                  0
                  8.5
                  1.4

                  Gauge-float well (20-inch diameter)

                  1.

                  Unbolted cover, ungasketed
                  2.3
                  5.9

                    c 1.0

                  Unbolted cover, gasketed
                  2.4
                  0.34
                  1.0

                  Bolted cover, gasketed
                  0
                  0
                  0

                  Gauge-hatch/sample well (8-inch diameter)

                  1.

                  Weighted mechanical actuation, gasketed
                  0.95
                  0.14

                    c 1.0

                  Weighted mechanical actuation, ungasketed
                  0.91
                  2.4
                  1.0

                  Vacuum breaker (10-in-diameter well)

                  NF6 (Table 31).

                  Weighted mechanical actuation, gasketed
                  1.2
                  0.17

                    c 1.0

                  Weighted mechanical actuation, ungasketed
                  1.2
                  3.0
                  1.0

                  Roof drain (3-in-diameter)

                  NF7 (Table 31).

                  Open
                  0
                  7.0

                    e 1.4
                  NF8 (Table 32 f).

                  90 percent closed
                  0.51
                  0.81
                  1.0

                  Roof leg (3-in-diameter)

                  NF8 (Table 32 f).

                  Adjustable, pontoon area
                  1.5
                  0.20

                    c 1.0

                  Adjustable, center area
                  0.25
                  0.067

                    c 1.0

                  Adjustable, double-deck roofs
                  0.25
                  0.067
                  1.0

                  Fixed
                  0
                  0
                  0

                  Roof leg (21/2-in-diameter)

                  NF8 (Table 32 f).

                  Adjustable, pontoon area
                  1.7
                  0
                  0

                  Adjustable, center area
                  0.41
                  0
                  0

                  Adjustable, double-deck roofs
                  0.41
                  0
                  0

                  Fixed
                  0
                  0
                  0

                  Rim vent (6-in-diameter)

                  1 g.

                  Weighted mechanical actuation, gasketed
                  0.71
                  0.10

                    c 1.0

                  Weighted mechanical actuation, ungasketed
                  0.68
                  1.8
                  1.0

                  a The roof fitting loss factors, KFa, KFb, and m, may only be used for wind speeds from 2 to 15 miles per hour.

                  b Unit abbreviations are as follows: lb = pound; mi = miles; hr = hour; yr = year.

                  c If no specific information is available, this value can be assumed to represent the most common or typical roof fittings currently in use.

                  d A slotted guide-pole/sample well is an optional fitting and is not typically used.

                  e Roof drains that drain excess rainwater into the product are not used on pontoon floating roofs. They are, however, used on double-deck floating roofs and are typically left open.

                  f The most common roof leg diameter is 3 inches. The loss factors for 21/2-inch diameter roof legs are provided for use if this smaller size roof is used on a particular floating roof.

                  g Rim vents are used only with mechanical-shoe primary seals.

              Pt. 63, Subpt. G, Table 31

              Table 31 to Subpart G of Part 63—Typical Number of Vacuum Breakers, NF6 and Roof Drains, a NF7

                  Tank diameter D (feet) b

                  No. of vacuum breakers, NF6

                  Pontoon roof
                  Double-deck roof
                  No. of roof drains, N F7 double-deck roof c

                  50
                  1
                  1
                  1

                  100
                  1
                  1
                  1

                  150
                  2
                  2
                  2

                  200
                  3
                  2
                  3

                  250
                  4
                  3
                  5

                  300
                  5
                  3
                  7

                  350
                  6
                  4

                    d

                  400
                  7
                  4

                    d

                  a This table should not supersede information based on actual tank data.

                  b If the actual diameter is between the diameters listed, the closest diameter listed should be used. If the actual diameter is midway between the diameters listed, the next larger diameter should be used.

                  c Roof drains that drain excess rainwater into the product are not used on pontoon floating roofs. They are, however, used on double-deck floating roofs, and are typically left open.

                  d For tanks more than 300 feet in diameter, actual tank data or the manufacturer's recommendations may be needed for the number of roof drains.

              Pt. 63, Subpt. G, Table 32

              Table 32 to Subpart G of Part 63—Typical Number of Roof Legs, a NF8

                  Tank diameter D (feet) b

                  Pontoon roof
                  No. of pontoon legs
                  No. of center legs
                  No. of legs on double-deck roof

                  30
                  4
                  2
                  6

                  40
                  4
                  4
                  7

                  50
                  6
                  6
                  8

                  60
                  9
                  7
                  10

                  70
                  13
                  9
                  13

                  80
                  15
                  10
                  16

                  90
                  16
                  12
                  20

                  100
                  17
                  16
                  25

                  110
                  18
                  20
                  29

                  120
                  19
                  24
                  34

                  130
                  20
                  28
                  40

                  140
                  21
                  33
                  46

                  150
                  23
                  38
                  52

                  160
                  26
                  42
                  58

                  170
                  27
                  49
                  66

                  180
                  28
                  56
                  74

                  190
                  29
                  62
                  82

                  200
                  30
                  69
                  90

                  210
                  31
                  77
                  98

                  220
                  32
                  83
                  107

                  230
                  33
                  92
                  115

                  240
                  34
                  101
                  127

                  250
                  34
                  109
                  138

                  260
                  36
                  118
                  149

                  270
                  36
                  128
                  162

                  280
                  37
                  138
                  173

                  290
                  38
                  148
                  186

                  300
                  38
                  156
                  200

                  310
                  39
                  168
                  213

                  320
                  39
                  179
                  226

                  330
                  40
                  190
                  240

                  340
                  41
                  202
                  255

                  350
                  42
                  213
                  270

                  360
                  44
                  226
                  285

                  370
                  45
                  238
                  300

                  380
                  46
                  252
                  315

                  390
                  47
                  266
                  330

                  400
                  48
                  281
                  345

                  a This table should not supersede information based on actual tank data.

                  b If the actual diameter is between the diameters listed, the closest diameter listed should be used. If the actual diameter is midway between the diameters listed, the next larger diameter should be used.

              Pt. 63, Subpt. G, Table 33
              Table 33 to Subpart G of Part 63—Saturation Factors

                  Cargo carrier
                  Mode of operation
                  S factor

                  Tank trucks and rail tank cars
                  Submerged loading of a clean cargo tank
                  0.50

                  Submerged loading: dedicated normal service
                  0.60

                  Submerged loading: dedicated vapor balance service
                  1.00

                  Splash loading of a clean cargo tank
                  1.45

                  Splash loading: dedicated normal service
                  1.45

                  Splash loading: dedicated vapor balance service
                  1.00

              Pt. 63, Subpt. G, Table 34

              Table 34 to Subpart G of Part 63—Fraction Measured (Fm) and Fraction Emitted (Fe) For HAP Compounds in Wastewater Streams

                  Chemical name
                  CAS Number a

                  Fm

                  Fe

                  Acetaldehyde
                  75070
                  1.00
                  0.48

                  Acetonitrile
                  75058
                  0.99
                  0.36

                  Acetophenone
                  98862
                  0.31
                  0.14

                  Acrolein
                  107028
                  1.00
                  0.43

                  Acrylonitrile
                  107131
                  1.00
                  0.43

                  Allyl chloride
                  107051
                  1.00
                  0.89

                  Benzene
                  71432
                  1.00
                  0.80

                  Benzyl chloride
                  100447
                  1.00
                  0.47

                  Biphenyl
                  92524
                  0.86
                  0.45

                  Bromoform
                  75252
                  1.00
                  0.49

                  Butadiene (1,3-)
                  106990
                  1.00
                  0.98

                  Carbon disulfide
                  75150
                  1.00
                  0.92

                  Carbon tetrachloride
                  56235
                  1.00
                  0.94

                  Chlorobenzene
                  108907
                  1.00
                  0.73

                  Chloroform
                  67663
                  1.00
                  0.78

                  Chloroprene (2-Chloro-1,3-butadiene)
                  126998
                  1.00
                  0.68

                  Cumene
                  98828
                  1.00
                  0.88

                  Dichlorobenzene (p-)
                  106467
                  1.00
                  0.72

                  Dichloroethane (1,2-) (Ethylene dichloride)
                  107062
                  1.00
                  0.64

                  Dichloroethyl ether (Bis(2-Chloroethyl ether))
                  111444
                  0.76
                  0.21

                  Dichloropropene (1,3-)
                  542756
                  1.00
                  0.76

                  Diethyl sulfate
                  64675
                  0.0025
                  0.11

                  Dimethyl sulfate
                  77781
                  0.086
                  0.079

                  Dimethylaniline (N,N-)
                  121697
                  0.00080
                  0.34

                  Dimethylhydrazine (1,1-)
                  57147
                  0.38
                  0.054

                  Dinitrophenol (2,4-)
                  51285
                  0.0077
                  0.060

                  Dinitrotoluene (2,4-)
                  121142
                  0.085
                  0.18

                  Dioxane (1,4-) (1,4-Diethyleneoxide)
                  123911
                  0.87
                  0.18

                  Epichlorohydrin(1-Chloro-2,3-epoxypropane)
                  106898
                  0.94
                  0.35

                  Ethyl acrylate
                  140885
                  1.00
                  0.48

                  Ethylbenzene
                  100414
                  1.00
                  0.83

                  Ethyl chloride (Chloroethane)
                  75003
                  1.00
                  0.90

                  Ethylene dibromide (Dibromomethane)
                  106934
                  1.00
                  0.57

                  Ethylene glycol dimethyl ether
                  110714
                  0.86
                  0.32

                  Ethylene glycol monobutyl ether acetate
                  112072
                  0.043
                  0.067

                  Ethylene glycol monomethyl ether acetate
                  110496
                  0.093
                  0.048

                  Ethylene oxide
                  75218
                  1.00
                  0.50

                  Ethylidene dichloride (1,1-Dichloroethane)
                  75343
                  1.00
                  0.79

                  Hexachlorobenzene
                  118741
                  0.97
                  0.64

                  Hexachlorobutadiene
                  87683
                  0.88
                  0.86

                  Hexachloroethane
                  67721
                  0.50
                  0.85

                  Hexane
                  110543
                  1.00
                  1.00

                  Isophorone
                  78591
                  0.51
                  0.11

                  Methanol
                  67561
                  0.85
                  0.17

                  Methyl bromide (Bromomethane)
                  74839
                  1.00
                  0.85

                  Methyl chloride (Chloromethane)
                  74873
                  1.00
                  0.84

                  Methyl isobutyl ketone (Hexone)
                  108101
                  0.98
                  0.53

                  Methyl methacrylate
                  80626
                  1.00
                  0.37

                  Methyl tert-butyl ether
                  1634044
                  1.00
                  0.57

                  Methylene chloride (Dichloromethane)
                  75092
                  1.00
                  0.77

                  Naphthalene
                  91203
                  0.99
                  0.51

                  Nitrobenzene
                  98953
                  0.39
                  0.23

                  Nitropropane (2-)
                  79469
                  0.99
                  0.44

                  Phosgene
                  75445
                  1.00
                  0.87

                  Propionaldehyde
                  123386
                  1.00
                  0.41

                  Propylene dichloride (1,2-Dichloropropane)
                  78875
                  1.00
                  0.72

                  Propylene oxide
                  75569
                  1.00
                  0.60

                  Styrene
                  100425
                  1.00
                  0.80

                  Tetrachloroethane (1,1,2,2-)
                  79345
                  1.00
                  0.46

                  Tetrachloroethylene (Perchloroethylene)
                  127184
                  1.00
                  0.92

                  Toluene
                  108883
                  1.00
                  0.80

                  Toluidine (o-)
                  95534
                  0.15
                  0.052

                  Trichlorobenzene (1,2,4-)
                  120821
                  1.00
                  0.64

                  Trichloroethane (1,1,1-) (Methyl chloroform)
                  71556
                  1.00
                  0.91

                  Trichloroethane (1,1,2-) (Vinyl Trichloride)
                  79005
                  1.00
                  0.60

                  Trichloroethylene
                  79016
                  1.00
                  0.87

                  Trichlorophenol (2,4,5-)
                  95954
                  0.11
                  0.086

                  Triethylamine
                  121448
                  1.00
                  0.38

                  Trimethylpentane (2,2,4-)
                  540841
                  1.00
                  1.00

                  Vinyl acetate
                  108054
                  1.00
                  0.59

                  Vinyl chloride (Chloroethylene)
                  75014
                  1.00
                  0.97

                  Vinylidene chloride (1,1-Dichloroethylene)
                  75354
                  1.00
                  0.94

                  Xylene (m-)
                  108383
                  1.00
                  0.82

                  Xylene (o-)
                  95476
                  1.00
                  0.79

                  Xylene (p-)
                  106423
                  1.00
                  0.82

                  a CAS numbers refer to the Chemical Abstracts Service registry number assigned to specific compounds, isomers, or mixtures of compounds.

              [59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006]

              Pt. 63, Subpt. G, Table 35
              Table 35 to Subpart G of Part 63—Control Requirements for Items of Equipment That Meet the Criteria of § 63.149 of Subpart G

                  Item of equipment
                  Control requirement a

                  Drain or drain hub
                  (a) Tightly fitting solid cover (TFSC); or(b) TFSC with a vent to either a process, or to a fuel gas system, or to a control device meeting the requirements of § 63.139(c); or
                    (c) Water seal with submerged discharge or barrier to protect discharge from wind.

                  Manhole b

                  (a) TFSC; or(b) TSFC with a vent to either a process, or to a fuel gas system, or to a control device meeting the requirements of § 63.139(c); or
                    (c) If the item is vented to the atmosphere, use a TFSC with a properly operating water seal at the entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall be at least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter.

                  Lift station
                  (a) TFSC; or(b) TFSC with a vent to either a process, or to a fuel gas system, or to a control device meeting the requirements of § 63.139(c); or
                    (c) If the lift station is vented to the atmosphere, use a TFSC with a properly operating water seal at the entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall be at least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter. The lift station shall be level controlled to minimize changes in the liquid level.

                  Trench
                  (a) TFSC; or(b) TFSC with a vent to either a process, or to a fuel gas system, or to a control device meeting the requirements of § 63.139(c); or
                    (c) If the item is vented to the atmosphere, use a TFSC with a properly operating water seal at the entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall be at least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter.

                  Pipe
                  Each pipe shall have no visible gaps in joints, seals, or other emission interfaces.

                  Oil/Water separator
                  (a) Equip with a fixed roof and route vapors to a process or to a fuel gas system, or equip with a closed vent system that routes vapors to a control device meeting the requirements of § 63.139(c); or(b) Equip with a floating roof that meets the equipment specifications of § 60.693 (a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4).

                  Tank c

                  Maintain a fixed roof. d If the tank is sparged e or used for heating or treating by means of an exothermic reaction, a fixed roof and a system shall be maintained that routes the organic hazardous air pollutants vapors to other process equipment or a fuel gas system, or a closed vent system that routes vapors to a control device that meets the requirements of 40 CFR § 63.119 (e)(1) or (e)(2).

                  a Where a tightly fitting solid cover is required, it shall be maintained with no visible gaps or openings, except during periods of sampling, inspection, or maintenance.

                  b Manhole includes sumps and other points of access to a conveyance system.

                  c Applies to tanks with capacities of 38 m3 or greater.

                  d A fixed roof may have openings necessary for proper venting of the tank, such as pressure/vacuum vent, j-pipe vent.

                  e The liquid in the tank is agitated by injecting compressed air or gas.

              Pt. 63, Subpt. G, Table 36

              Table 36 to Subpart G of Part 63—Compound Lists Used for Compliance Demonstrations for Enhanced Biological Treatment Processes (See § 63.145(h))

                  List 1
                  List 2

                  Acetonitrile
                  Acetaldehyde.

                  Acetophenone
                  Acrolein.

                  Acrylonitrile
                  Allyl Chloride.

                  Biphenyl
                  Benzene.

                  Chlorobenzene
                  Benzyl Chloride,

                  Dichloroethyl Ether
                  Bromoform.

                  Diethyl Sulfate
                  Bromomethane.

                  Dimethyl Sulfate
                  Butadiene 1,3.

                  Dimethyl Hydrazine 1,1
                  Carbon Disulfide.

                  Dinitrophenol 2,4
                  Carbon Tetrachloride

                  Dinitrotoluene 2,4
                  Chloroethane (ethyl chloride).

                  Dioxane 1,4
                  Chloroform.

                  Ethylene Glycol MonobutylEther Acetate

                  Chloroprene.

                  Ethylene Glycol MonomethylEther Acetate

                  Cumene (isopropylbenzene).

                  Ethylene Glycol Dimethyl Ether
                  Dibromoethane 1,2.

                  Hexachlorobenzene
                  Dichlorobenzene 1,4.

                  Isophorone
                  Dichloroethane 1,2.

                  Methanol
                  Dichloroethane 1,1 (ethylidene dichloride).

                  Methyl Methacrylate
                  Dichloroethene 1,1 (vinylidene chloride).

                  Nitrobenzene
                  Dichloropropane 1,2.

                  Toluidine
                  Dichloropropene 1,3.

                  Trichlorobenzene 1,2,4.
                  Dimethylaniline N,N.

                  Trichlorophenol 2,4,6
                  Epichlorohydrin.

                  Triethylamine
                  Ethyl Acrylate.

                  Ethylbenzene.

                  Ethylene Oxide.

                  Ethylene Dibromide.

                  Hexachlorobutadiene.

                  Hexachloroethane.

                  Hexane-n.

                  Methyl Isobutyl Ketone.

                  Methyl Tertiary Butyl Ether.

                  Methyl Chloride.

                  Methylene Chloride (dichloromethane).

                  Naphthalene.

                  Nitropropane 2

                  Phosgene.

                  Propionaldehyde.

                  Propylene Oxide.

                  Styrene.

                  Tetrachloroethane 1,1,2,2.

                  TolueneTrichloroethane 1,1,1 (methyl chloroform).

                  Trichloroethane 1,1,2.

                  Trichloroethylene.

                  Trimethylpentane 2,2,4.

                  Vinyl Chloride.

                  Vinyl Acetate.

                  Xylene-m.

                  Xylene-o.

                  Xylene-p.

              [59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006]

              Pt. 63, Subpt. G, Table 37
              Table 37 to Subpart G of Part 63—Default Biorates for List 1 Compounds

                  Compound name
                  Biorate, K1L/g MLVSS-hr

                  Acetonitrile
                  0.100

                  Acetophenone
                  0.538

                  Acrylonitrile
                  0.750

                  Biphenyl
                  5.643

                  Chlorobenzene
                  10.000

                  Dichloroethyl ether
                  0.246

                  Diethyl sulfate
                  0.105

                  Dimethyl hydrazine(1,1)
                  0.227

                  DIMethyl sulfate
                  0.178

                  Dinitrophenol 2,4
                  0.620

                  Dinitrotoluene(2,4)
                  0.784

                  Dioxane(1,4)
                  0.393

                  Ethylene glycol dimethyl ether
                  0.364

                  Ethylene glycol monomethyl ether acetate
                  0.159

                  Ethylene glycol monobutyl ether acetate
                  0.496

                  Hexachlorobenzene
                  16.179

                  ISophorone
                  0.598

                  Methanol
                  0.200

                  Methyl methacrylate
                  4.300

                  Nitrobenzene
                  2.300

                  Toluidine (-0)
                  0.859

                  Trichlorobenzene 1,2,4
                  4.393

                  Trichlorophenol 2,4,5
                  4.477

                  Triethylamine
                  1.064

              Pt. 63, Subpt. G, Fig. 1
              Figure 1 to Subpart G of Part 63—Definitions of Terms Used in Wastewater Equations
              Main Terms
              AMR = Actual mass removal of Table 8 and/or Table 9 compounds achieved by treatment process or a series of treatment processes, kg/hr.
              C = Concentration of Table 8 and/or Table 9 compounds in wastewater, ppmw.
              CG = Concentration of TOC (minus methane and ethane) or total organic hazardous air pollutants, in vented gas stream, dry basis, ppmv.
              CGc = Concentration of TOC or organic hazardous air pollutants corrected to 3-percent oxygen, in vented gas stream, dry basis, ppmv.
              CGS = Concentration of sample compounds in vented gas stream, dry basis, ppmv.
              E = Removal or destruction efficiency, percent.
              Fbio = Site-specific fraction of Table 8 and/or Table 9 compounds biodegraded, unitless.
              fbio = Site-specific fraction of an individual Table 8 or Table 9 compound biodegraded, unitless.
              Fm = Compound-specific fraction measured factor, unitless (listed in table 34).
              Fr = Fraction removal value for Table 8 and/or Table 9 compounds, unitless (listed in Table 9).
              Fravg = Flow-weighted average of the Fr values.
              i = Identifier for a compound.
              j = Identifier for a sample.
              k = Identifier for a run.
              K2 = Constant, 41.57 * 10−9, (ppm)−1 (gram-mole per standard m3) (kg/g), where standard temperature (gram-mole per standard m3) is 20 °C.
              m = Number of samples.
              M = Mass, kg.
              MW = Molecular weight, kg/kg-mole.
              n = Number of compounds.
              p = Number of runs.
              %O2d = Concentration of oxygen, dry basis, percent by volume.
              Q = Volumetric flowrate of wastewater, m3/hr.
              QG = Volumetric flow rate of vented gas stream, dry standard, m3/min.
              QMG = Mass flowrate of TOC (minus methane and ethane) or organic hazardous air pollutants, in vented gas stream, kg/hr.
              QMW = Mass flowrate of Table 8 and/or Table 9 compounds in wastewater, kg/hr.
              ρ = Density, kg/m3.
              RMR = Required mass removal achieved by treatment process or a series of treatment processes, kg/hr.
              tT = Total time of all runs, hr.
              Subscripts
              a = Entering.
              b = Exiting.
              i = Identifier for a compound.
              j = Identifier for a sample.
              k = Identifier for a run.
              m = Number of samples.
              n = Number of compounds.
              p = Number of runs.
              T = Total; sum of individual.
              [59 FR 19468, Apr. 22, 1994, as amended at 59 FR 29201, June 6, 1994; 61 FR 63629, Dec. 12, 1995; 62 FR 2779, Jan. 17, 1997; 63 FR 67793, Dec. 9, 1998; 64 FR 20195, Apr. 26, 1999; 65 FR 78284, Dec. 14, 2000; 66 FR 6935, Jan. 22, 2001]

            Subpart H—National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks

              Source:
              59 FR 19568, Apr. 22, 1994, unless otherwise noted.

              § 63.160
              Applicability and designation of source.
              (a) The provisions of this subpart apply to pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, instrumentation systems, and control devices or closed vent systems required by this subpart that are intended to operate in organic hazardous air pollutant service 300 hours or more during the calendar year within a source subject to the provisions of a specific subpart in 40 CFR part 63 that references this subpart.
              (b) After the compliance date for a process unit, equipment to which this subpart applies that are also subject to the provisions of:
              (1) 40 CFR part 60 will be required to comply only with the provisions of this subpart.
              (2) 40 CFR part 61 will be required to comply only with the provisions of this subpart.

              (c) If a process unit subject to the provisions of this subpart has equipment to which this subpart does not apply, but which is subject to a standard identified in paragraph (c)(1), (c)(2), or (c)(3) of this section, the owner or operator may elect to apply this subpart to all such equipment in the process unit. If the owner or operator elects this method of compliance, all VOC in such equipment shall be considered, for purposes of applicability and compliance with this subpart, as if it were organic hazardous air pollutant (HAP). Compliance with the provisions of this subpart, in the manner described in this paragraph, shall be deemed to constitute compliance with the standard identified in paragraph (c)(1), (c)(2), or (c)(3) of this section.
              (1) 40 CFR part 60, subpart VV, GGG, or KKK; (2) 40 CFR part 61, subpart F or J; or (3) 40 CFR part 264, subpart BB or 40 CFR part 265, subpart BB.
              (2) [Reserved]
              (d) The provisions in § 63.1(a)(3) of subpart A of this part do not alter the provisions in paragraph (b) of this section.
              (e) Except as provided in any subpart that references this subpart, lines and equipment not containing process fluids are not subject to the provisions of this subpart. Utilities, and other non-process lines, such as heating and cooling systems which do not combine their materials with those in the processes they serve, are not considered to be part of a process unit.
              (f) The provisions of this subpart do not apply to research and development facilities or to bench-scale batch processes, regardless of whether the facilities or processes are located at the same plant site as a process subject to the provisions of this subpart.
              (g) Alternative means of compliance—(1) Option to comply with part 65. Owners or operators of CMPU that are subject to § 63.100 may choose to comply with the provisions of 40 CFR part 65 for all Group 1 and Group 2 process vents, Group 1 storage vessels, Group 1 transfer operations, and equipment that are subject to § 63.100, that are part of the CMPU. Other provisions applying to an owner or operator who chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
              (i) For equipment, 40 CFR part 65 satisfies the requirements of §§ 63.102, 63.103, and 63.162 through 63.182. When choosing to comply with 40 CFR part 65, the requirements of § 63.180(d) continue to apply.
              (ii) For Group 1 and Group 2 process vents, Group 1 storage vessels, and Group 1 transfer operations, comply with § 63.110(i)(1).
              (2) Part 65, subpart C or F. For owners or operators choosing to comply with 40 CFR part 65, each surge control vessel and bottoms receiver subject to § 63.100 that meets the conditions specified in table 2 or table 3 of this subpart shall meet the requirements for storage vessels in 40 CFR part 65, subpart C; all other equipment subject to § 63.100 shall meet the requirements in 40 CFR part 65, subpart F.
              (3) Part 63, subpart A. Owners or operators who choose to comply with 40 CFR part 65, subpart C or F, for equipment subject to § 63.100 must also comply with the applicable general provisions of this part 63 listed in table 4 of this subpart. All sections and paragraphs of subpart A of this part that are not mentioned in table 4 of this subpart do not apply to owners or operators of equipment subject to § 63.100 of subpart F complying with 40 CFR part 65, subpart C or F, except that provisions required to be met prior to implementing 40 CFR part 65 still apply. Owners and operators who choose to comply with 40 CFR part 65, subpart C or F, must comply with 40 CFR part 65, subpart A.
              [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 59 FR 53360, Oct. 24, 1994; 60 FR 18029, Apr. 10, 1995; 61 FR 31439, June 20, 1996; 64 FR 20198, Apr. 26, 1999; 65 FR 78285, Dec. 14, 2000]

              § 63.161
              Definitions.
              All terms used in this subpart shall have the meaning given them in the Act and in this section as follows, except as provided in any subpart that references this subpart.

                Batch process means a process in which the equipment is fed intermittently or discontinuously. Processing then occurs in this equipment after which the equipment is generally emptied. Examples of industries that use batch processes include pharmaceutical production and pesticide production.

                Batch product-process equipment train means the collection of equipment (e.g., connectors, reactors, valves, pumps, etc.) configured to produce a specific product or intermediate by a batch process.

                Bench-scale batch process means a batch process (other than a research and development facility) that is operated on a small scale, such as one capable of being located on a laboratory bench top. This bench-scale equipment will typically include reagent feed vessels, a small reactor and associated product separator, recovery and holding equipment. These processes are only capable of producing small quantities of product.

                Bottoms receiver means a tank that collects distillation bottoms before the stream is sent for storage or for further downstream processing.

                Closed-loop system means an enclosed system that returns process fluid to the process and is not vented to the atmosphere except through a closed-vent system.

                Closed-purge system means a system or combination of system and portable containers, to capture purged liquids. Containers must be covered or closed when not being filled or emptied.

                Closed-vent system means a system that is not open to the atmosphere and that is composed of hard-piping, ductwork, connections and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device or back into a process.

                Combustion device means an individual unit of equipment, such as a flare, incinerator, process heater, or boiler, used for the combustion of organic hazardous air pollutant emissions.

                Compliance date means the dates specified in § 63.100(k) or § 63.100(l)(3) of subpart F of this part for process units subject to subpart F of this part; the dates specified in § 63.190(e) of subpart I of this part for process units subject to subpart I of this part. For sources subject to other subparts in 40 CFR part 63 that reference this subpart, compliance date will be defined in those subparts. However, the compliance date for § 63.170 shall be no later than 3 years after the effective date of those subparts unless otherwise specified in such other subparts.

                Connector means flanged, screwed, or other joined fittings used to connect two pipe lines or a pipe line and a piece of equipment. A common connector is a flange. Joined fittings welded completely around the circumference of the interface are not considered connectors for the purpose of this regulation. For the purpose of reporting and recordkeeping, connector means joined fittings that are not inaccessible, glass, or glass-lined as described in § 63.174(h) of this subpart.

                Control device means any equipment used for recovering, recapturing, or oxidizing organic hazardous air pollutant vapors. Such equipment includes, but is not limited to, absorbers, carbon adsorbers, condensers, flares, boilers, and process heaters.

                Double block and bleed system means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.

                Duct work means a conveyance system such as those commonly used for heating and ventilation systems. It is often made of sheet metal and often has sections connected by screws or crimping. Hard-piping is not ductwork.

                Equipment means each pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, connector, surge control vessel, bottoms receiver, and instrumentation system in organic hazardous air pollutant service; and any control devices or systems required by this subpart.

                First attempt at repair means to take action for the purpose of stopping or reducing leakage of organic material to the atmosphere, followed by monitoring as specified in § 63.180 (b) and (c), as appropriate, to verify whether the leak is repaired, unless the owner or operator determines by other means that the leak is not repaired.

                Flow indicator means a device which indicates whether gas flow is, or whether the valve position would allow gas flow to be, present in a line.

                Fuel gas means gases that are combusted to derive useful work or heat.

                Fuel gas system means the offsite and onsite piping and control system that gathers gaseous stream(s) generated by onsite operations, may blend them with other sources of gas, and transports the gaseous stream for use as fuel gas in combustion devices or in in-process combustion equipment such as furnaces and gas turbines, either singly or in combination.

                Hard-piping means pipe or tubing that is manufactured and properly installed using good engineering judgement and standards, such as ANSI B31-3.

                In food/medical service means that a piece of equipment in organic hazardous air pollutant service contacts a process stream used to manufacture a Food and Drug Administration regulated product where leakage of a barrier fluid into the process stream would cause any of the following:
              (1) A dilution of product quality so that the product would not meet written specifications,
              (2) An exothermic reaction which is a safety hazard,
              (3) The intended reaction to be slowed down or stopped, or
              (4) An undesired side reaction to occur.

                In gas/vapor service means that a piece of equipment in organic hazardous air pollutant service contains a gas or vapor at operating conditions.

                In heavy liquid service means that a piece of equipment in organic hazardous air pollutant service is not in gas/vapor service or in light liquid service.

                In light liquid service means that a piece of equipment in organic hazardous air pollutant service contains a liquid that meets the following conditions:
              (1) The vapor pressure of one or more of the organic compounds is greater than 0.3 kilopascals at 20 °C,
              (2) The total concentration of the pure organic compounds constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C is equal to or greater than 20 percent by weight of the total process stream, and
              (3) The fluid is a liquid at operating conditions.

                Note:
                Vapor pressures may be determined by the methods described in 40 CFR 60.485(e)(1).

                In liquid service means that a piece of equipment in organic hazardous air pollutant service is not in gas/vapor service.

                In organic hazardous air pollutant or in organic HAP service means that a piece of equipment either contains or contacts a fluid (liquid or gas) that is at least 5 percent by weight of total organic HAP's as determined according to the provisions of § 63.180(d) of this subpart. The provisions of § 63.180(d) of this subpart also specify how to determine that a piece of equipment is not in organic HAP service.

                In vacuum service means that equipment is operating at an internal pressure which is at least 5 kilopascals below ambient pressure.

                In volatile organic compound or in VOC service means, for the purposes of this subpart, that:
              (1) The piece of equipment contains or contacts a process fluid that is at least 10 percent VOC by weight (see 40 CFR 60.2 for the definition of VOC, and 40 CFR 60.485(d) to determine whether a piece of equipment is not in VOC service); and
              (2) The piece of equipment is not in heavy liquid service as defined in 40 CFR 60.481.

                In-situ sampling systems means nonextractive samplers or in-line samplers.

                Initial start-up means the first time a new or reconstructed source begins production. Initial start-up does not include operation solely for testing equipment. Initial start-up does not include subsequent start-ups (as defined in this section) of process units following malfunctions or process unit shutdowns.

                Instrumentation system means a group of equipment components used to condition and convey a sample of the process fluid to analyzers and instruments for the purpose of determining process operating conditions (e.g., composition, pressure, flow, etc.). Valves and connectors are the predominant type of equipment used in instrumentation systems; however, other types of equipment may also be included in these systems. Only valves nominally 0.5 inches and smaller, and connectors nominally 0.75 inches and smaller in diameter are considered instrumentation systems for the purposes of this subpart. Valves greater than nominally 0.5 inches and connectors greater than nominally 0.75 inches associated with instrumentation systems are not considered part of instrumentation systems and must be monitored individually.

                Liquids dripping means any visible leakage from the seal including dripping, spraying, misting, clouding, and ice formation. Indications of liquid dripping include puddling or new stains that are indicative of an existing evaporated drip.

                Nonrepairable means that it is technically infeasible to repair a piece of equipment from which a leak has been detected without a process unit shutdown.

                On-site or On site means, with respect to records required to be maintained by this subpart, that the records are stored at a location within a major source which encompasses the affected source. On-site includes, but is not limited to, storage at the chemical manufacturing process unit to which the records pertain, or storage in central files elsewhere at the major source.

                Open-ended valve or line means any valve, except pressure relief valves, having one side of the valve seat in contact with process fluid and one side open to atmosphere, either directly or through open piping.

                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.

                Polymerizing monomer means a molecule or compound usually containing carbon and of relatively low molecular weight and simple structure (e.g., hydrogen cyanide, acrylonitrile, styrene), which is capable of conversion to polymers, synthetic resins, or elastomers by combination with itself due to heat generation caused by a pump mechanical seal surface, contamination by a seal fluid (e.g., organic peroxides or chemicals that will form organic peroxides), or a combination of both with the resultant polymer buildup causing rapid mechanical seal failure.

                Pressure release means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device. This release can be one release or a series of releases over a short time period due to a malfunction in the process.

                Pressure relief device or valve means a safety device used to prevent operating pressures from exceeding the maximum allowable working pressure of the process equipment. A common pressure relief device is a spring-loaded pressure relief valve. Devices that are actuated either by a pressure of less than or equal to 2.5 psig or by a vacuum are not pressure relief devices.

                Process unit means a chemical manufacturing process unit as defined in subpart F of this part, a process subject to the provisions of subpart I of this part, or a process subject to another subpart in 40 CFR part 63 that references this subpart.

                Process unit shutdown means a work practice or operational procedure that stops production from a process unit or part of a process unit during which it is technically feasible to clear process material from a process unit or part of a process unit consistent with safety constraints and during which repairs can be effected. An unscheduled work practice or operational procedure that stops production from a process unit or part of a process unit for less than 24 hours is not a process unit shutdown. An unscheduled work practice or operational procedure that would stop production from a process unit or part of a process unit for a shorter period of time than would be required to clear the process unit or part of the process unit of materials and start up the unit, and would result in greater emissions than delay of repair of leaking components until the next scheduled process unit shutdown, is not a process unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping production are not process unit shutdowns.

                Recapture device means an individual unit of equipment capable of and used for the purpose of recovering chemicals, but not normally for use, reuse, or sale. Recapture devices include, but are not limited to, absorbers, carbon absorbers, and condensers.

                Recovery device means an individual unit of equipment 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. Recovery devices include, but are not limited to, absorbers, carbon absorbers, and condensers. For purposes of the monitoring, recordkeeping, and reporting requirements of this subpart, recapture devices are considered recovery devices.

                Repaired means that equipment:
              (1) Is adjusted, or otherwise altered, to eliminate a leak as defined in the applicable sections of this subpart, and
              (2) Unless otherwise specified in applicable provisions of this subpart, is monitored as specified in § 63.180 (b) and (c), as appropriate, to verify that emissions from the equipment are below the applicable leak definition.

                Routed to a process or route to a process means the emissions are conveyed by hard-piping or a closed vent system to any enclosed portion of a process unit where the emissions are predominately recycled and/or consumed in the same manner as a material that fulfills the same function in the process; and/or transformed by chemical reaction into materials that are not organic hazardous air pollutants; and/or incorporated into a product; and/or recovered.

                Sampling connection system means an assembly of equipment within a process unit used during periods of representative operation to take samples of the process fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.

                Screwed connector means a threaded pipe fitting where the threads are cut on the pipe wall and the fitting requires only two pieces to make the connection (i.e., the pipe and the fitting).

                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.

                Set pressure means the pressure at which a properly operating pressure relief device begins to open to relieve atypical process system operating pressure.

                Start-up means the setting in operation of a piece of equipment or a control device that is subject to this subpart.

                Surge control vessel means feed drums, recycle drums, and intermediate vessels. Surge control vessels are used within a process unit (as defined in the specific subpart that references this subpart) when in-process storage, mixing, or management of flow rates or volumes is needed to assist in production of a product.
              [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 60 FR 18024, 18029, Apr. 10, 1995; 61 FR 31439, June 20, 1996; 62 FR 2788, Jan. 17, 1997]

              § 63.162
              Standards: General.
              (a) Compliance with this subpart will be determined by review of the records required by § 63.181 of this subpart and the reports required by § 63.182 of this subpart, review of performance test results, and by inspections.
              (b)(1) An owner or operator may request a determination of alternative means of emission limitation to the requirements of §§ 63.163 through 63.170, and §§ 63.172 through 63.174 of this subpart as provided in § 63.177.
              (2) If the Administrator makes a determination that a means of emission limitation is a permissible alternative to the requirements of §§ 63.163 through 63.170, and §§ 63.172 through 63.174 of this subpart, the owner or operator shall comply with the alternative.
              (c) Each piece of equipment in a process unit to which this subpart applies shall be identified such that it can be distinguished readily from equipment that is not subject to this subpart. Identification of the equipment does not require physical tagging of the equipment. For example, the equipment may be identified on a plant site plan, in log entries, or by designation of process unit boundaries by some form of weatherproof identification.
              (d) Equipment that is in vacuum service is excluded from the requirements of this subpart.
              (e) Equipment that is in organic HAP service less than 300 hours per calendar year is excluded from the requirements of §§ 63.163 through 63.174 of this subpart and § 63.178 of this subpart if it is identified as required in § 63.181(j) of this subpart.

              (f) When each leak is detected as specified in §§ 63.163 and 63.164; §§ 63.168 and 63.169; and §§ 63.172 through 63.174 of this subpart, the following requirements apply:
              (1) Clearly identify the leaking equipment.
              (2) The identification on a valve may be removed after it has been monitored as specified in §§ 63.168(f)(3), and 63.175(e)(7)(i)(D) of this subpart, and no leak has been detected during the follow-up monitoring. If the owner or operator elects to comply using the provisions of § 63.174(c)(1)(i) of this subpart, the identification on a connector may be removed after it is monitored as specified in § 63.174(c)(1)(i) and no leak is detected during that monitoring.
              (3) The identification which has been placed on equipment determined to have a leak, except for a valve or for a connector that is subject to the provisions of § 63.174(c)(1)(i), may be removed after it is repaired.
              (g) Except as provided in paragraph (g)(1) of this section, all terms in this subpart that define a period of time for completion of required tasks (e.g., weekly, monthly, quarterly, annual), refer to the standard calendar periods unless specified otherwise in the section or subsection that imposes the requirement.
              (1) If the initial compliance date does not coincide with the beginning of the standard calendar period, an owner or operator may elect to utilize a period beginning on the compliance date, or may elect to comply in accordance with the provisions of paragraphs (g)(2) or (g)(3) of this section.
              (2) Time periods specified in this subpart for completion of required tasks may be changed by mutual agreement between the owner or operator and the Administrator, as specified in subpart A of this part. For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period.
              (3) Except as provided in paragraph (g)(1) or (g)(2) of this section, where the period specified for compliance is a standard calendar period, if the initial compliance date does not coincide with the beginning of the calendar period, compliance shall be required according to the schedule specified in paragraphs (g)(3)(i) or (g)(3)(ii) of this section, as appropriate.
              (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or
              (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs.
              (4) In all instances where a provision of this subpart requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during each period, provided the task is conducted at a reasonable interval after completion of the task during the previous period.
              (h) In all cases where the provisions of this subpart require an owner or operator to repair leaks by a specified time after the leak is detected, it is a violation of this subpart to fail to take action to repair the leaks within the specified time. If action is taken to repair the leaks within the specified time, failure of that action to successfully repair the leak is not a violation of this subpart. However, if the repairs are unsuccessful, a leak is detected and the owner or operator shall take further action as required by applicable provisions of this subpart.
              [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 62 FR 2789, Jan. 17, 1997; 68 FR 37345, June 23, 2003]

              § 63.163
              Standards: Pumps in light liquid service.
              (a) The provisions of this section apply to each pump that is in light liquid service.
              (1) The provisions are to be implemented on the dates specified in the specific subpart in 40 CFR part 63 that references this subpart in the phases specified below:

              (i) For each group of existing process units at existing sources subject to the provisions of subparts F or I of this part, the phases of the standard are:
              (A) Phase I, beginning on the compliance date;
              (B) Phase II, beginning no later than 1 year after the compliance date; and
              (C) Phase III, beginning no later than 21/2 years after the compliance date.
              (ii) For new sources subject to the provisions of subparts F or I of this part, the applicable phases of the standard are:
              (A) After initial start-up, comply with the Phase II requirements; and
              (B) Beginning no later than 1 year after initial start-up, comply with the Phase III requirements.
              (2) The owner or operator of a source subject to the provisions of subparts F or I of this part may elect to meet the requirements of a later phase during the time period specified for an earlier phase.
              (3) Sources subject to other subparts in 40 CFR part 63 that reference this subpart shall comply on the dates specified in the applicable subpart.
              (b)(1) The owner or operator of a process unit subject to this subpart shall monitor each pump monthly to detect leaks by the method specified in § 63.180(b) of this subpart and shall comply with the requirements of paragraphs (a) through (d) of this section, except as provided in § 63.162(b) of this subpart and paragraphs (e) through (j) of this section.
              (2) The instrument reading, as determined by the method as specified in § 63.180(b) of this subpart, that defines a leak in each phase of the standard is:
              (i) For Phase I, an instrument reading of 10,000 parts per million or greater.
              (ii) For Phase II, an instrument reading of 5,000 parts per million or greater.
              (iii) For Phase III, an instrument reading of:
              (A) 5,000 parts per million or greater for pumps handling polymerizing monomers;
              (B) 2,000 parts per million or greater for pumps in food/medical service; and
              (C) 1,000 parts per million or greater for all other pumps.
              (3) Each pump shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. If there are indications of liquids dripping from the pump seal, a leak is detected.
              (c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in paragraph (c)(3) of this section or § 63.171 of this subpart.
              (2) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. First attempts at repair include, but are not limited to, the following practices where practicable:
              (i) Tightening of packing gland nuts.
              (ii) Ensuring that the seal flush is operating at design pressure and temperature.
              (3) For pumps in Phase III to which a 1,000 parts per million leak definition applies, repair is not required unless an instrument reading of 2,000 parts per million or greater is detected.
              (d)(1) The owner or operator shall decide no later than the first monitoring period whether to calculate percent leaking pumps on a process unit basis or on a source-wide basis. Once the owner or operator has decided, all subsequent percent calculations shall be made on the same basis.
              (2) If, in Phase III, calculated on a 6-month rolling average, the greater of either 10 percent of the pumps in a process unit or three pumps in a process unit leak, the owner or operator shall implement a quality improvement program for pumps that complies with the requirements of § 63.176 of this subpart.
              (3) The number of pumps at a process unit shall be the sum of all the pumps in organic HAP service, except that pumps found leaking in a continuous process unit within 1 month after start-up of the pump shall not count in the percent leaking pumps calculation for that one monitoring period only.

              (4) Percent leaking pumps shall be determined by the following equation:

              %PL = ((PL−PS)/(PT−PS)) × 100

                where:

                %PL = Percent leaking pumps
                PL = Number of pumps found leaking as determined through monthly monitoring as required in paragraphs (b)(1) and (b)(2) of this section.

                PT = Total pumps in organic HAP service, including those meeting the criteria in paragraphs (e) and (f) of this section.
                PS = Number of pumps leaking within 1 month of start-up during the current monitoring period.

              (e) Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of paragraphs (a) through (d) of this section, provided the following requirements are met:
              (1) Each dual mechanical seal system is:
              (i) Operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure; or
              (ii) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that complies with the requirements of § 63.172 of this subpart; or
              (iii) Equipped with a closed-loop system that purges the barrier fluid into a process stream.
              (2) The barrier fluid is not in light liquid service.
              (3) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.
              (4) Each pump is checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.
              (i) If there are indications of liquids dripping from the pump seal at the time of the weekly inspection, the pump shall be monitored as specified in § 63.180(b) of this subpart to determine if there is a leak of organic HAP in the barrier fluid.
              (ii) If an instrument reading of 1,000 parts per million or greater is measured, a leak is detected.
              (5) Each sensor as described in paragraph (e)(3) of this section is observed daily or is equipped with an alarm unless the pump is located within the boundary of an unmanned plant site.
              (6)(i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both.
              (ii) If indications of liquids dripping from the pump seal exceed the criteria established in paragraph (e)(6)(i) of this section, or if, based on the criteria established in paragraph (e)(6)(i) of this section, the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected.
              (iii) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart.
              (iv) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
              (f) Any pump that is designed with no externally actuated shaft penetrating the pump housing is exempt from the requirements of paragraphs (a) through (c) of this section.
              (g) Any pump equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals to a process or to a fuel gas system or to a control device that complies with the requirements of § 63.172 of this subpart is exempt from the requirements of paragraphs (b) through (e) of this section.
              (h) Any pump that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of paragraphs (b)(3) and (e)(4) of this section, and the daily requirements of paragraph (e)(5) of this section, provided that each pump is visually inspected as often as practicable and at least monthly.
              (i) If more than 90 percent of the pumps at a process unit meet the criteria in either paragraph (e) or (f) of this section, the process unit is exempt from the requirements of paragraph (d) of this section.
              (j) Any pump that is designated, as described in § 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor pump is exempt from the requirements of paragraphs (b) through (e) of this section if:
              (1) The owner or operator of the pump determines that the pump is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraphs (b) through (d) of this section; and

              (2) The owner or operator of the pump has a written plan that requires monitoring of the pump as frequently as practical during safe-to-monitor times, but not more frequently than the periodic monitoring schedule otherwise applicable.
              [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 61 FR 31439, June 20, 1996; 62 FR 2789, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999]

              § 63.164
              Standards: Compressors.
              (a) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of process fluid to the atmosphere, except as provided in § 63.162(b) of this subpart and paragraphs (h) and (i) of this section.
              (b) Each compressor seal system as required in paragraph (a) of this section shall be:
              (1) Operated with the barrier fluid at a pressure that is greater than the compressor stuffing box pressure; or
              (2) Equipped with a barrier fluid system degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that complies with the requirements of § 63.172 of this subpart; or
              (3) Equipped with a closed-loop system that purges the barrier fluid directly into a process stream.
              (c) The barrier fluid shall not be in light liquid service.
              (d) Each barrier fluid system as described in paragraphs (a) through (c) of this section shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.
              (e)(1) Each sensor as required in paragraph (d) of this section shall be observed daily or shall be equipped with an alarm unless the compressor is located within the boundary of an unmanned plant site.
              (2) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
              (f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under paragraph (e)(2) of this section, a leak is detected.
              (g)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart.
              (2) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
              (h) A compressor is exempt from the requirements of paragraphs (a) through (g) of this section if it is equipped with a closed-vent system to capture and transport leakage from the compressor drive shaft seal back to a process or a fuel gas system or to a control device that complies with the requirements of § 63.172 of this subpart.
              (i) Any compressor that is designated, as described in § 63.181(b)(2)(ii) of this subpart, to operate with an instrument reading of less than 500 parts per million above background, is exempt from the requirements of paragraphs (a) through (h) of this section if the compressor:
              (1) Is demonstrated to be operating wi
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