{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 63 and title_number = 40 sorted by section_id", "rows": [["40:40:11.0.1.1.1.1.5.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.1 Applicability.", "EPA", "", "", "[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16595, Apr. 5, 2002; 85 FR 73885, Nov. 19, 2020; 89 FR 73307, Sept. 10, 2024; 90 FR 1041, Jan. 7, 2025; 91 FR 60, Jan. 2, 2026]", "(a)  General.  (1) Terms used throughout this part are defined in \u00a7 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 \u00a7 63.2.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(5) [Reserved]\n\n(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.\n\n(7)-(9) [Reserved]\n\n(10) For the purposes of this part, time periods specified in days shall be measured in calendar days, even if the word \u201ccalendar\u201d is absent, unless otherwise specified in an applicable requirement.\n\n(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.\n\n(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 \u00a7 63.9(i).\n\n(b)  Initial applicability determination for this part.  (1) The provisions of this part apply to the owner or operator of any stationary source that\u2014\n\n(i) Emits or has the potential to emit any hazardous air pollutant listed in or pursuant to section 112(b) of the Act; and\n\n(ii) Is subject to any standard, limitation, prohibition, or other federally enforceable requirement established pursuant to this part.\n\n(2) [Reserved]\n\n(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 \u00a7 63.10(b)(3).\n\n(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.\n\n(2) Except as provided in \u00a7 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\u2014\n\n(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);\n\n(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\n\n(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.\n\n(3)-(4) [Reserved]\n\n(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.\n\n(6) A major source may become an area source at any time upon reducing its emissions of and potential to emit hazardous air pollutants, as defined in this subpart, to below the major source thresholds established in \u00a7 63.2, subject to the provisions in paragraphs (c)(6)(i) and (ii) of this section.\n\n(i) A major source reclassifying to area source status is subject to the applicability of standards, compliance dates and notification requirements specified in (c)(6)(i)(A) of this section. An area source that previously was a major source and becomes a major source again is subject to the applicability of standards, compliance dates, and notification requirements specified in (c)(6)(i)(B) of this section:\n\n(A) A major source reclassifying to area source status under this part remains subject to any applicable major source requirements established under this part until the reclassification becomes effective. After the reclassification becomes effective, the source is subject to any applicable area source requirements established under this part immediately, provided the compliance date for the area source requirements has passed. The owner or operator of a major source that becomes an area source subject to newly applicable area source requirements under this part must comply with the initial notification requirements pursuant to \u00a7 63.9(b). The owner or operator of a major source that becomes an area source must also provide to the Administrator any change in the information already provided under \u00a7 63.9(b) per \u00a7 63.9(j).\n\n(B) An area source that previously was a major source under this part and that becomes a major source again is subject to the applicable major source requirements established under this part immediately upon becoming a major source again, provided the compliance date for the major source requirements has passed, notwithstanding any provision within the applicable subparts. The owner or operator of an area source that becomes a major source again must comply with the initial notification pursuant to \u00a7 63.9(b). The owner or operator must also provide to the Administrator any change in the information already provided under \u00a7 63.9(b) per \u00a7 63.9(j).\n\n(ii) Becoming an area source does not absolve a source subject to an enforcement action or investigation for major source violations or infractions from the consequences of any actions occurring when the source was major. Becoming a major source does not absolve a source subject to an enforcement action or investigation for area source violations or infractions from the consequences of any actions occurring when the source was an area source.\n\n(d) [Reserved]\n\n(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."], ["40:40:11.0.1.1.1.1.5.10", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.10 Recordkeeping and reporting requirements.", "EPA", "", "", "[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; 85 FR 73886, Nov. 19, 2020]", "(a)  Applicability and general information.  (1) The applicability of this section is set out in \u00a7 63.1(a)(4).\n\n(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.\n\n(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.\n\n(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 \u00a7 63.13).\n\n(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.\n\n(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 \u00a7 63.9(i).\n\n(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 \u00a7 63.9(i).\n\n(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 \u00a7 63.9(i).\n\n(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.\n\n(2) The owner or operator of an affected source subject to the provisions of this part shall maintain relevant records for such source of\u2014\n\n(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;\n\n(ii) The occurrence and duration of each malfunction of operation (i.e., process equipment) or the required air pollution control and monitoring equipment;\n\n(iii) All required maintenance performed on the air pollution control and monitoring equipment;\n\n(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 \u00a7 63.6(e)(3)); or\n\n(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 \u00a7 63.6(e)(3));\n\n(v) All information necessary, including actions taken, to demonstrate conformance with the affected source's startup, shutdown, and malfunction plan (see \u00a7 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 \u201cchecklist,\u201d or some other effective form of recordkeeping, in order to minimize the recordkeeping burden for conforming events);\n\n(vi) Each period during which a CMS is malfunctioning or inoperative (including out-of-control periods);\n\n(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);\n\n(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.\n\n(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.\n\n(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.\n\n(viii) All results of performance tests, CMS performance evaluations, and opacity and visible emission observations;\n\n(ix) All measurements as may be necessary to determine the conditions of performance tests and performance evaluations;\n\n(x) All CMS calibration checks;\n\n(xi) All adjustments and maintenance performed on CMS;\n\n(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;\n\n(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 \u00a7 63.8(f)(6); and\n\n(xiv) All documentation supporting initial notifications and notifications of compliance status under \u00a7 63.9.\n\n(3) If an owner or operator determines that his or her existing or new stationary source is in the source category regulated by a standard established pursuant to section 112 of the Act, but that source is not subject to the relevant standard (or other requirement established under this part) because of enforceable limitations on the source's potential to emit, or the source otherwise qualifies for an exclusion, the owner or operator must keep a record of the applicability determination. The applicability determination must be kept 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 subject to the relevant standard (or other requirement established under this part), whichever comes first if the determination is made prior to January 19, 2021. The applicability determination must be kept until the source changes its operations to become an affected source subject to the relevant standard (or other requirement established under this part) if the determination was made on or after January 19, 2021. The record of the applicability determination must be signed by the person making the determination and include an emissions analysis (or other information) that demonstrates the owner or operator's conclusion that 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 an applicability finding for the source with regard to the relevant standard or other requirement. If applicable, 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 of the Act, if any. The requirements to determine applicability of a standard under \u00a7 63.1(b)(3) and to record the results of that determination under this paragraph (b)(3) of this section shall not by themselves create an obligation for the owner or operator to obtain a title V permit.\n\n(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\u2014\n\n(1) All required CMS measurements (including monitoring data recorded during unavoidable CMS breakdowns and out-of-control periods);\n\n(2)-(4) [Reserved]\n\n(5) The date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks;\n\n(6) The date and time identifying each period during which the CMS was out of control, as defined in \u00a7 63.8(c)(7);\n\n(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;\n\n(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;\n\n(9) [Reserved]\n\n(10) The nature and cause of any malfunction (if known);\n\n(11) The corrective action taken or preventive measures adopted;\n\n(12) The nature of the repairs or adjustments to the CMS that was inoperative or out of control;\n\n(13) The total process operating time during the reporting period; and\n\n(14) All procedures that are part of a quality control program developed and implemented for CMS under \u00a7 63.8(d).\n\n(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 \u00a7 63.6(e), provided that such plan and records adequately address the requirements of paragraphs (c)(10) through (c)(12).\n\n(d)  General reporting requirements.  (1) Notwithstanding the requirements in this paragraph or paragraph (e) of this section, and except as provided in \u00a7 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).\n\n(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 \u00a7 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 \u00a7 63.9(h).\n\n(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 \u00a7 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 \u00a7 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.\n\n(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 \u00a7 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.\n\n(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 \u00a7 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.\n\n(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 \u00a7 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 \u00a7 63.9(i).\n\n(e)  Additional reporting requirements for sources with continuous monitoring systems \u2014(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.\n\n(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 \u00a7 63.8(e), simultaneously with the results of the performance test required under \u00a7 63.7, unless otherwise specified in the relevant standard.\n\n(ii) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under \u00a7 63.7 and described in \u00a7 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 \u00a7 63.8(e). The copies shall be furnished at least 15 calendar days before the performance test required under \u00a7 63.7 is conducted.\n\n(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\u2014\n\n(A) More frequent reporting is specifically required by a relevant standard;\n\n(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\n\n(C) [Reserved]\n\n(D) The affected source is complying with the Performance Track Provisions of \u00a7 63.16, which allows less frequent reporting.\n\n(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:\n\n(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;\n\n(B) The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this subpart and the relevant standard; and\n\n(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.\n\n(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.\n\n(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.\n\n(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 \u00a7\u00a7 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.\n\n(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 \u201cSummary Report\u2014Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance\u201d and shall contain the following information:\n\n(A) The company name and address of the affected source;\n\n(B) An identification of each hazardous air pollutant monitored at the affected source;\n\n(C) The beginning and ending dates of the reporting period;\n\n(D) A brief description of the process units;\n\n(E) The emission and operating parameter limitations specified in the relevant standard(s);\n\n(F) The monitoring equipment manufacturer(s) and model number(s);\n\n(G) The date of the latest CMS certification or audit;\n\n(H) The total operating time of the affected source during the reporting period;\n\n(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;\n\n(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;\n\n(K) A description of any changes in CMS, processes, or controls since the last reporting period;\n\n(L) The name, title, and signature of the responsible official who is certifying the accuracy of the report; and\n\n(M) The date of the report.\n\n(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.\n\n(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.\n\n(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 \u00a7 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.\n\n(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.\n\n(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.\n\n(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 \u00a7 63.6(i), any required compliance progress report or compliance status report required under this part (such as under \u00a7\u00a7 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.\n\n(4) The Administrator will approve or deny a request for a waiver of recordkeeping or reporting requirements under this paragraph when he/she\u2014\n\n(i) Approves or denies an extension of compliance; or\n\n(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\n\n(iii) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable.\n\n(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.\n\n(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."], ["40:40:11.0.1.1.1.1.5.11", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.11 Control device and work practice requirements.", "EPA", "", "", "[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]", "(a)  Applicability.  (1) The applicability of this section is set out in \u00a7 63.1(a)(4).\n\n(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.\n\n(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.\n\n(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.\n\n(2) Flares shall be steam-assisted, air-assisted, or non-assisted.\n\n(3) Flares shall be operated at all times when emissions may be vented to them.\n\n(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.\n\n(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.\n\n(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.\n\n(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 V max , as determined by the following equation:\n\nV max  = (X H2 \u2212K 1 )* K 2\n\nWhere:\n \n V max  = Maximum permitted velocity, m/sec.\n \n K 1  = Constant, 6.0 volume-percent hydrogen.\n \n K 2  = Constant, 3.9(m/sec)/volume-percent hydrogen.\n \n X H2  = 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 \u00a7 63.14).\n\nWhere:\n\nV max  = Maximum permitted velocity, m/sec.\n\nK 1  = Constant, 6.0 volume-percent hydrogen.\n\nK 2  = Constant, 3.9(m/sec)/volume-percent hydrogen.\n\nX H2  = 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 \u00a7 63.14).\n\n(B) The actual exit velocity of a flare shall be determined by the method specified in paragraph (b)(7)(i) of this section.\n\n(ii) Flares shall be used only with the net heating value of the gas being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted at 7.45 M/scm (200 Btu/scf) or greater if the flares is non-assisted. The net heating value of the gas being combusted in a flare shall be calculated using the following equation:\n\nWhere:\n \n H T  = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 \u00b0C and 760 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20 \u00b0C.\n \n K = Constant =\n\nWhere:\n\nH T  = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 \u00b0C and 760 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20 \u00b0C.\n\nK = Constant =\n\nwhere the standard temperature for (g-mole/scm) is 20 \u00b0C.\n \n C i  = 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 \u00a7 63.14).\n \n H i  = Net heat of combustion of sample component i, kcal/g-mole at 25 \u00b0C 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 \u00a7 63.14) if published values are not available or cannot be calculated.\n \n n = Number of sample components.\n\nwhere the standard temperature for (g-mole/scm) is 20 \u00b0C.\n\nC i  = 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 \u00a7 63.14).\n\nH i  = Net heat of combustion of sample component i, kcal/g-mole at 25 \u00b0C 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 \u00a7 63.14) if published values are not available or cannot be calculated.\n\nn = Number of sample components.\n\n(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.\n\n(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).\n\n(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 V max , as determined by the method specified in this paragraph, but less than 122 m/sec (400 ft/sec) are allowed. The maximum permitted velocity, V max , for flares complying with this paragraph shall be determined by the following equation:\n\nLog 10 (V max ) = (H T  + 28.8)/31.7\n\nWhere: \n \n V max  = Maximum permitted velocity, m/sec. \n \n 28.8 = Constant. \n \n 31.7 = Constant. \n \n H T  = The net heating value as determined in paragraph (b)(6) of this section.\n\nWhere:\n\nV max  = Maximum permitted velocity, m/sec.\n\n28.8 = Constant.\n\n31.7 = Constant.\n\nH T  = The net heating value as determined in paragraph (b)(6) of this section.\n\n(8) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity V max . The maximum permitted velocity, V max , for air-assisted flares shall be determined by the following equation:\n\nV max  = 8.71 + 0.708(H T )\n\nWhere:\n \n V max  = Maximum permitted velocity, m/sec.\n \n 8.71 = Constant.\n \n 0.708 = Constant.\n \n H T  = The net heating value as determined in paragraph (b)(6)(ii) of this section.\n\nWhere:\n\nV max  = Maximum permitted velocity, m/sec.\n\n8.71 = Constant.\n\n0.708 = Constant.\n\nH T  = The net heating value as determined in paragraph (b)(6)(ii) of this section.\n\n(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.\n\n(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.\n\n(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.\n\n(3)  Imaging  means making visible emissions that may otherwise be invisible to the naked eye.\n\n(4)  Optical gas imaging instrument  means an instrument that makes visible emissions that may otherwise be invisible to the naked eye.\n\n(5)  Repair  means that equipment is adjusted, or otherwise altered, in order to eliminate a leak.\n\n(6)  Leak  means:\n\n(i) Any emissions imaged by the optical gas instrument;\n\n(ii) Indications of liquids dripping;\n\n(iii) Indications by a sensor that a seal or barrier fluid system has failed; or\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(4) The schedule for repair is as required in the applicable subpart.\n\n(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.\n\n(6) When this alternative work practice is used for detecting leaking equipment, the following are not applicable for the equipment being monitored:\n\n(i) Skip period leak detection and repair;\n\n(ii) Quality improvement plans; or\n\n(iii) Complying with standards for allowable percentage of valves and pumps to leak.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(ii) Provide a date and time stamp for video records of every monitoring event.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\nWhere:\n \n E dic  = Mass flow rate for the daily instrument check, grams per hour \n \n x i  = 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, E sds .\n \n E sds  = Standard detection sensitivity level from Table 1 to subpart A, grams per hour \n \n k = Total number of detectable chemicals emitted from the leaking equipment and seen by the optical gas imaging instrument.\n\nWhere:\n\nE dic  = Mass flow rate for the daily instrument check, grams per hour\n\nx i  = 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, E sds .\n\nE sds  = Standard detection sensitivity level from Table 1 to subpart A, grams per hour\n\nk = Total number of detectable chemicals emitted from the leaking equipment and seen by the optical gas imaging instrument.\n\n(ii) Start the optical gas imaging instrument according to the manufacturer's instructions, ensuring that all appropriate settings conform to the manufacturer's instructions.\n\n(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.\n\n(iv) Establish a mass flow rate by using the following procedures:\n\n(A) Provide a source of gas where it will be in the field of view of the optical gas imaging instrument.\n\n(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.\n\n(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.\n\n(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.\n\n(vi) To use an alternative method to demonstrate daily instrument checks, apply to the Administrator for approval of the alternative under \u00a7 63.177 or \u00a7 63.178, whichever is applicable.\n\n(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.\n\n(4)  Recordkeeping.  Keep the records described in paragraphs (e)(4)(i) through (e)(4)(vii) of this section:\n\n(i) The equipment, processes, and facilities for which the owner or operator chooses to use the alternative work practice.\n\n(ii) The detection sensitivity level selected from Table 1 to subpart A of this part for the optical gas imaging instrument.\n\n(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.\n\n(iv) The technical basis for the mass fraction of detectable chemicals used in the equation in paragraph (e)(2)(i)(B) of this section.\n\n(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.\n\n(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.\n\n(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.\n\n(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."], ["40:40:11.0.1.1.1.1.5.12", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.12 State authority and delegations.", "EPA", "", "", "[59 FR 12430, Mar. 16, 1994, as amended at 85 FR 73887, Nov. 19, 2020]", "(a) The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from\u2014\n\n(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;\n\n(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\n\n(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.\n\n(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.\n\n(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.\n\n(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. Any information required to be submitted electronically by this part via the EPA's CEDRI may, at the discretion of the delegated authority, satisfy the requirements of this paragraph. 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 with the exception of federal electronic reporting requirements under this part. Sources may not be exempted from federal electronic reporting requirements."], ["40:40:11.0.1.1.1.1.5.13", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.13 Addresses of State air pollution control agencies and EPA Regional Offices.", "EPA", "", "", "[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; 85 FR 73887, Nov. 19, 2020; 89 FR 86748, Oct. 31, 2024]", "(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 table. If a request, report, application, submittal, or other communication is required by this part to be submitted electronically via the EPA's CEDRI then such submission satisfies the requirements of this paragraph (a).\n\nTable 1 to Paragraph ( a )\n\n(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.\n\n(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."], ["40:40:11.0.1.1.1.1.5.14", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.14 Incorporations by reference.", "EPA", "", "", "[79 FR 11277, Feb. 27, 2014]", "(a)(1) 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 U.S. Environmental Protection Agency (EPA) must publish a document in the  Federal Register  and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the EPA and at the National Archives and Records Administration (NARA). Contact the EPA at: EPA Docket Center, Public Reading Room, EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC; phone: (202) 566-1744. For information on the availability of this material at NARA, visit  www.archives.gov/federal-register/cfr/ibr-locations  or email  fr.inspection@nara.gov .\n\n(2) The IBR material may be obtained from the sources in the following paragraphs of this section or from one or more private resellers listed in this paragraph (a)(2). For material that is no longer commercially available, contact: the EPA (see paragraph (a)(1) of this section).\n\n(i) Accuris Standards Store, 321 Inverness Drive, South Englewood, CO, 80112; phone: (800) 332-6077; website:  https://store.accuristech.com .\n\n(ii) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417; phone: (212) 642-4980; email:  info@ansi.org ; website:  www.ansi.org .\n\n(iii) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-3621; phone: (800) 261-2052; website:  https://standards.globalspec.com .\n\n(iv) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA, 94624; phone (650) 591-7600; email:  info@document-center.com ; website:  www.document-center.com .\n\n(v) Techstreet, phone: (855) 999-9870; email:  store@techstreet.com ; website:  www.techstreet.com .\n\n(b) American Conference of Governmental Industrial Hygienists (ACGIH), Customer Service Department, 1330 Kemper Meadow Drive, Cincinnati, Ohio 45240, telephone number (513) 742-2020.\n\n(1) Industrial Ventilation: A Manual of Recommended Practice, 22nd Edition, 1995, Chapter 3, \u201cLocal Exhaust Hoods\u201d and Chapter 5, \u201cExhaust System Design Procedure.\u201d IBR approved for \u00a7\u00a7 63.843(b) and 63.844(b).\n\n(2) Industrial Ventilation: A Manual of Recommended Practice, 23rd Edition, 1998, Chapter 3, \u201cLocal Exhaust Hoods\u201d and Chapter 5, \u201cExhaust System Design Procedure.\u201d IBR approved for \u00a7\u00a7 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 \u00a7 63.2984(e).\n\n(3) Industrial Ventilation: A Manual of Recommended Practice for Design, 27th Edition, 2010. IBR approved for \u00a7\u00a7 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 \u00a7 63.2984(e).\n\n(c) American Petroleum Institute (API), 200 Massachusetts Ave. NW, Suite 1100, Washington, DC 20001; phone: (202) 682-8000; website:  www.api.org .\n\n(1) API Publication 2517, Evaporative Loss from External Floating-Roof Tanks, Third Edition, February 1989; IBR approved for \u00a7\u00a7 63.111; 63.1402; 63.2406; 63.7944.\n\n(2) API Publication 2518, Evaporative Loss from Fixed-roof Tanks, Second Edition, October 1991; IBR approved for \u00a7 63.150(g).\n\n(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 \u00a7\u00a7 63.1251; 63.12005.\n\n(4) API Manual of Petroleum Measurement Specifications (MPMS) Chapter 19.2 (API MPMS 19.2), Evaporative Loss From Floating-Roof Tanks, Fourth Edition, August 2020; IBR approved for \u00a7 63.101(b).\n\n(d) American Public Health Association, 1015 18th Street NW, Washington, DC 20036; phone (844) 232-3707; email:  standardmethods@subscritpionoffice.com ; website:  www.standardmethods.org .\n\n(1) Standard Method 5210, Biochemical Oxygen Demand (BOD), revised December 10, 2019; IBR approved for \u00a7 63.457(c)\n\n(2) [Reserved]\n\n(e) American Society of Heating, Refrigerating, and Air-Conditioning Engineers at 1791 Tullie Circle, NE., Atlanta, GA 30329  orders@ashrae.org.\n\n(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 \u00a7 63.11516(d).\n\n(2) ANSI/ASHRAE Standard 52.2-2017,  Method of Testing General Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size,  copyright 2017; IBR approved for \u00a7 63.11173(e).\n\n(f) American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990; phone: (800) 843-2763; email:  CustomerCare@asme.org ; website:  www.asme.org .\n\n(1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], issued August 31, 1981; \u00a7\u00a7 63.116(c) and (h); 63.128(a); 63.145(i); 63.309(k); 63.365(b); 63.457(k); 63.490(g); 63.772(e) and (h); 63.865(b); 63.997(e); 63.1282(d) and (g); 63.1450(a), (b), (d), (e), (g); 63.1625(b); table 5 to subpart EEEE; \u00a7\u00a7 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; tables 5, 16, and 17 to subpart XXXX; table 3 to subpart YYYY; table 4 to subpart AAAAA; \u00a7 63.7322(b); table 5 to subpart DDDDD; \u00a7\u00a7 63.7822(b); 63.7824(e); 63.7825(b); 63.8000(d); table 4 to subpart JJJJJ; table 4 to subpart KKKKK; \u00a7\u00a7 63.9307(c); 63.9323(a); 63.9621(b) and (c); table 4 to subpart SSSSS; tables 4 and 5 of subpart UUUUU; table 1 to subpart ZZZZZ; \u00a7\u00a7 63.11148(e); 63.11155(e); 63.11162(f); 63.11163(g); table 4 to subpart JJJJJJ; \u00a7\u00a7 63.11410(j); 63.11551(a); 63.11646(a); 63.11945.\n\n(2) [Reserved]\n\n(g) The Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow, Florida 33830.\n\n(1) Book of Methods Used and Adopted By The Association of Florida Phosphate Chemists, Seventh Edition 1991:\n\n(i) Section IX, Methods of Analysis for Phosphate Rock, No. 1 Preparation of Sample, IBR approved for \u00a7 63.606(f), \u00a7 63.626(f).\n\n(ii) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method A\u2014Volumetric Method, IBR approved for \u00a7 63.606(f), \u00a7 63.626(f).\n\n(iii) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method B\u2014Gravimetric Quimociac Method, IBR approved for \u00a7 63.606(f), \u00a7 63.626(f).\n\n(iv) Section IX, Methods of Analysis For Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method C\u2014Spectrophotometric Method, IBR approved for \u00a7 63.606(f), \u00a7 63.626(f).\n\n(v) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method A\u2014Volumetric Method, IBR approved for \u00a7 63.606(f), \u00a7 63.626(f), and (g).\n\n(vi) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method B\u2014Gravimetric Quimociac Method, IBR approved for \u00a7 63.606(f), \u00a7 63.626(f), and (g).\n\n(vii) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method C\u2014Spectrophotometric Method, IBR approved for \u00a7 63.606(f), \u00a7 63.626(f), and (g).\n\n(2) [Reserved]\n\n(h) 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.\n\n(1) AOAC Official Method 929.01 Sampling of Solid Fertilizers, Sixteenth edition, 1995, IBR approved for \u00a7 63.626(g).\n\n(2) AOAC Official Method 929.02 Preparation of Fertilizer Sample, Sixteenth edition, 1995, IBR approved for \u00a7 63.626(g).\n\n(3) AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers, Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved for \u00a7 63.626(g).\n\n(4) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition, 1995, IBR approved for \u00a7 63.626(g).\n\n(5) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 1995, IBR approved for \u00a7 63.626(g).\n\n(6) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 1995, IBR approved for \u00a7 63.626(g).\n\n(7) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, Automated Method, Sixteenth edition, 1995, IBR approved for \u00a7 63.626(g).\n\n(i) ASTM International, 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-2959; phone: (800) 262-1373; website:  www.astm.org .\n\n(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 \u00a7 63.10005(i) and table 6 to subpart DDDDD.\n\n(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.\n\n(3) ASTM Method D388-05, Standard Classification of Coals by Rank, approved September 15, 2005, IBR approved for \u00a7\u00a7 63.7575, 63.10042, and 63.11237.\n\n(4) ASTM Method D396-10, Standard Specification for Fuel Oils, including Appendix X1, approved October 1, 2010, IBR approved for \u00a7 63.10042.\n\n(5) ASTM D396-10, Standard Specification for Fuel Oils, approved October 1, 2010, IBR approved for \u00a7\u00a7 63.7575 and 63.11237.\n\n(6) ASTM D523-89, Standard Test Method for Specular Gloss, IBR approved for \u00a7 63.782.\n\n(7) ASTM D975-11b, Standard Specification for Diesel Fuel Oils, approved December 1, 2011, IBR approved for \u00a7 63.7575.\n\n(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.\n\n(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.\n\n(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.\n\n(11) ASTM D1475-90, Standard Test Method for Density of Paint, Varnish Lacquer, and Related Products, IBR approved for appendix A to subpart II.\n\n(12) ASTM D1475-13, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, approved November 1, 2013, IBR approved for \u00a7\u00a7 63.3151(b), 63.3941(b) and (c), 63.3951(c), 63.4141(b) and (c), 63.4551(c), 63.4741(b) and (c), 63.4751(c), and 63.4941(b) and (c).\n\n(13) ASTM Method D1835-05, Standard Specification for Liquefied Petroleum (LP) Gases, approved April 1, 2005, IBR approved for \u00a7\u00a7 63.7575 and 63.11237.\n\n(14) ASTM D1945-03 (Reapproved 2010), Standard Test Method for Analysis of Natural Gas by Gas Chromatography, Approved January 1, 2010, IBR approved for \u00a7\u00a7 63.670(j), 63.772(h), and 63.1282(g).\n\n(15) ASTM D1945-14, Standard Test Method for Analysis of Natural Gas by Gas Chromatography, Approved November 1, 2014, IBR approved for \u00a7 63.670(j).\n\n(16) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved for \u00a7 63.11(b).\n\n(17) ASTM D1946-90 (Reapproved 1994), Standard Method for Analysis of Reformed Gas by Gas Chromatography, 1994, IBR approved for \u00a7\u00a7 63.11(b), 63.987(b), and 63.1412.\n\n(18) ASTM D1963-85 (Reapproved 1996), Standard Test Method for Specific Gravity of Drying Oils, Varnishes, Resins, and Related Materials at 25/25 \u00b0C, approved November 29, 1985, IBR approved for \u00a7 63.3360(c).\n\n(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.\n\n(20) ASTM D2099-00, Standard Test Method for Dynamic Water Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester, IBR approved for \u00a7 63.5350.\n\n(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 \u00a7\u00a7 63.3360(c), 63.3951(c), 63.4141(b) and (c), 63.4551(c), and 63.4741(a).\n\n(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 \u201cFree organic liquids\u201d in \u00a7 63.10692.\n\n(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.\n\n(24) ASTM D2369-93, Standard Test Method for Volatile Content of Coatings, IBR approved for appendix A to subpart II.\n\n(25) ASTM D2369-95, Standard Test Method for Volatile Content of Coatings, IBR approved for appendix A to subpart II.\n\n(26) ASTM D2369-10 (Reapproved 2015)e1, Standard Test Method for Volatile Content of Coatings, approved June 1, 2015, IBR approved for \u00a7\u00a7 63.3151(a), 63.3360(c), 63.3961(j), 63.4141(a) and (b), 63.4161(h), 63.4321(e), 63.4341(e), 63.4351(d), 63.4541(a), and 63.4561(j), appendix A to subpart PPPP, and \u00a7\u00a7 63.4741(a), 63.4941(a) and (b), 63.4961(j), and 63.8055(b).\n\n(27) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), IBR approved for \u00a7 63.11(b).\n\n(28) ASTM D2382-88, Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), IBR approved for \u00a7 63.11(b).\n\n(29) ASTM D2697-86 (Reapproved 1998), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved for \u00a7\u00a7 63.3521(b), and 63.5160(c).\n\n(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 \u00a7\u00a7 63.3161(f), 63.3360(c), 63.3941(b), 63.4141(b), 63.4741(a) and (b), 63.4941(b), and 63.8055(b).\n\n(31) ASTM D2879-83, Standard Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, Approved November 28, 1983, IBR approved for \u00a7\u00a7 63.111, 63.1402, 63.2406, 63.7944, and 63.12005.\n\n(32) ASTM D2879-96, Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, (Approved 1996), IBR approved for \u00a7\u00a7 63.111, and 63.12005.\n\n(33) ASTM D2879-23, Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, approved December 1, 2023; IBR approved for \u00a7 63.101(b).\n\n(34) ASTM D2908-74, Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved June 27, 1974, IBR approved for \u00a7 63.1329(c).\n\n(35) ASTM D2908-91, Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved December 15, 1991, IBR approved for \u00a7 63.1329(c).\n\n(36) 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 \u00a7 63.1329(c).\n\n(37) 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 \u00a7 63.1329(c).\n\n(38) 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 \u00a7 63.1329(c).\n\n(39) ASTM D2986-95A, \u201cStandard Practice for Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test,\u201d approved September 10, 1995, IBR approved for section 7.1.1 of Method 315 in appendix A to this part.\n\n(40) 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.\n\n(41) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral Spirits by Gas Chromatography, IBR approved for \u00a7 63.786(b).\n\n(42) ASTM D3370-76, Standard Practices for Sampling Water, Approved August 27, 1976, IBR approved for \u00a7 63.1329(c).\n\n(43) ASTM D3370-95a, Standard Practices for Sampling Water from Closed Conduits, Approved September 10, 1995, IBR approved for \u00a7 63.1329(c).\n\n(44) ASTM D3370-07, Standard Practices for Sampling Water from Closed Conduits, Approved December 1, 2007, IBR approved for \u00a7 63.1329(c).\n\n(45) ASTM D3370-08, Standard Practices for Sampling Water from Closed Conduits, Approved October 1, 2008, IBR approved for \u00a7 63.1329(c).\n\n(46) ASTM D3370-10, Standard Practices for Sampling Water from Closed Conduits, Approved December 1, 2010, IBR approved for \u00a7 63.1329(c).\n\n(47) 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 \u00a7\u00a7 63.772(h) and 63.1282(g).\n\n(48) ASTM D3695-88, Standard Test Method for Volatile Alcohols in Water by Direct Aqueous-Injection Gas Chromatography, IBR approved for \u00a7 63.365(e).\n\n(49) 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.\n\n(50) ASTM D3912-80, Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for \u00a7 63.782.\n\n(51) ASTM D3960-98, Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings, approved November 10, 1998, IBR approved for \u00a7\u00a7 63.3360(c) and 63.8055(b).\n\n(52) 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 \u00a7 63.10005(i) and table 6 to subpart DDDDD.\n\n(53) 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.\n\n(54) 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.\n\n(55) 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.\n\n(56) 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 \u00a7 63.10005(i) and table 6 to subpart DDDDD.\n\n(57) ASTM D4082-89, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR approved for \u00a7 63.782.\n\n(58) 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.\n\n(59) 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 \u00a7 63.10005(i) and table 6 to subpart DDDDD.\n\n(60) 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.\n\n(61) ASTM D4239-14e1, \u201cStandard Test Method for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnace Combustion,\u201d approved March 1, 2014, IBR approved for \u00a7 63.849(f).\n\n(62) ASTM D4256-89, Standard Test Method for Determination of the Decontaminability of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for \u00a7 63.782.\n\n(63) 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 \u00a7 63.782.\n\n(64) ASTM D4282-15, Standard Test Method for Determination of Free Cyanide in Water and Wastewater by Microdiffusion, Approved July 15, 2015, IBR approved for \u00a7 63.1103(g).\n\n(65) 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.\n\n(66) ASTM D4809-95, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR approved for \u00a7 63.11(b).\n\n(67) ASTM D4840-99 (Reapproved 2018)\n e , Standard Guide for Sampling Chain-of-Custody Procedures, approved August 15, 2018, IBR approved for appendix A to part 63.\n\n(68) 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 \u00a7\u00a7 63.772(h) and 63.1282(g).\n\n(69) ASTM D5066-91 (Reapproved 2017), Standard Test Method for Determination of the Transfer Efficiency Under Production Conditions for Spray Application of Automotive Paints-Weight Basis, approved June 1, 2017, IBR approved for \u00a7 63.3161(g).\n\n(70) 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 \u00a7 63.3165(e) and appendix A to subpart IIII.\n\n(71) ASTM D5192-09, Standard Practice for Collection of Coal Samples from Core, (Approved June 1, 2009), IBR approved for table 6 to subpart DDDDD.\n\n(72) 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.\n\n(73) ASTM D5228-92, Standard Test Method for Determination of Butane Working Capacity of Activated Carbon, (Reapproved 2005), IBR approved for \u00a7 63.11092(b).\n\n(74) 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.\n\n(75) ASTM D5790-95 (Reapproved 2012), Standard Test Method for Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry, Approved June 15, 2012, IBR approved for \u00a7 63.2485(h) and Table 4 to subpart UUUU.\n\n(76) 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.\n\n(77) 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.\n\n(78) 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.\n\n(79) ASTM D5965-02 (Reapproved 2013), Standard Test Methods for Specific Gravity of Coating Powders, approved June 1, 2013, IBR approved for \u00a7\u00a7 63.3151(b) and 63.3951(c).\n\n(80) 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.\n\n(81) 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 \u00a7\u00a7 63.3521 and 63.5160(c).\n\n(82) 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 \u00a7\u00a7 63.3161(f), 63.3360(c), 63.3941(b), 63.4141(b), 63.4741(a) and (b), and 63.4941(b).\n\n(83) 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.\n\n(84) ASTM D6266-00a (Reapproved 2017), Standard 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), approved July 1, 2017, IBR approved for \u00a7 63.3165(e).\n\n(85) 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.\n\n(86) ASTM D6348-03, 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, 2003, IBR approved for \u00a7\u00a7 63.457(b), 63.997(e), and 63.1349, table 4 to subpart DDDD, table 5 to subpart EEEE, table 4 to subpart UUUU, table 4 subpart ZZZZ, and table 8 to subpart HHHHHHH.\n\n(87) 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 \u00a7\u00a7 63.1571(a), 63.4751(i), 63.4752(e), 63.4766(b), 63.7142(a) and (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.\n\n(88) 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 \u00a7\u00a7 63.997(e), 63.1571(a), and 63.2354(b), table 5 to subpart EEEE, table 4 to subpart UUUU, \u00a7\u00a7 63.7142(a) and (b) and 63.8000(d), and table 4 to subpart SSSSS.\n\n(89) ASTM D6348-12 (Reapproved 2020), Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved for \u00a7\u00a7 63.109(a); 63.365(b); 63.509(a); 63.7322(d), (e), and (g); 63.7825(g) and (h); table 5 to subpart AAAAA.\n\n(90) 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.\n\n(91) 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.\n\n(92) ASTM D6376-10, \u201cStandard Test Method for Determination of Trace Metals in Petroleum Coke by Wavelength Dispersive X-Ray Fluorescence Spectroscopy,\u201d Approved July 1, 2010, IBR approved for \u00a7 63.849(f).\n\n(93) ASTM D6420-99, Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, IBR approved for \u00a7\u00a7 63.5799 and 63.5850.\n\n(94) 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 \u00a7\u00a7 63.457(b), 63.772(a), 63.772(e), 63.1282(a) and (d), and table 8 to subpart HHHHHHH.\n\n(95) 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 \u00a7\u00a7 63.670(j); table 4 to subpart UUUU; 63.1450(f); 63.7142(b); appendix A to this part.\n\n(96) ASTM D6420-18, Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, approved November 1, 2018' IBR approved for \u00a7\u00a7 63.101(b); 63.115(g); 63.116(c); 63.126(d); 63.128(a); 63.139(c); 63.145(d) and (i); 63.150(g); 63.180(d; 63.305(c); 63.482(b); 63.485(t); 63.488(b); 63.490(c) and (e); 63.496(b); 63.500(c); 63.501(a); 63.502(j); 63.503(a) and (g); 63.525(a) and (e); 63.987(b); 63.997(e); 63.2354(b); table 5 to subpart EEEE; \u00a7\u00a7 63.2450(j); 63.8000(d).\n\n(97) 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 \u00a7 63.9307(c).\n\n(98) 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 \u00a7\u00a7 63.772(e) and (h)) and 63.1282(d) and (g).\n\n(99) 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 \u00a7 63.1961(a) and table 3 to subpart YYYY.\n\n(100) 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.\n\n(101) 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.\n\n(102) ASTM D6735-01 (Reapproved 2009), Standard Test Method for Measurement of Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Sources\u2014Impinger Method, IBR approved for \u00a7 63.7142(b), tables 4 and 5 to subpart JJJJJ, and tables 4 and 6 to subpart KKKKK.\n\n(103) ASTM D6751-11b, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, (Approved July 15, 2011), IBR approved for \u00a7\u00a7 63.7575 and 63.11237.\n\n(104) 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 \u00a7\u00a7 63.2465(d); 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.\n\n(105) ASTM D6784-16, Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), Approved March 1, 2016; IBR approved for \u00a7\u00a7 63.1450(d); 63.9621; table 5 to subpart AAAAA; table 17 to subpart XXXX; table 5 to subpart UUUUU; appendix A to subpart UUUUU.\n\n(106) 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.\n\n(107) ASTM D6886-18, Standard Test Method for Determination of the Weight Percent Individual Volatile Organic Compounds in Waterborne Air-Dry Coatings by Gas Chromatography, approved October 1, 2018, IBR approved for \u00a7 63.2354(c).\n\n(108) ASTM D7237-18, Standard Test Method for Free Cyanide and Aquatic Free Cyanide with Flow Injection Analysis (FIA) Utilizing Gas Diffusion Separation and Amperometric Detection, Approved December 1, 2018, IBR approved for \u00a7 63.1103(g).\n\n(109) ASTM D7430-11ae1, Standard Practice for Mechanical Sampling of Coal, (Approved October 1, 2011), IBR approved for table 6 to subpart DDDDD.\n\n(110) 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 \u00a7\u00a7 63.1450(c), (e), and (g); 63.1453(h); 63.1625(b); table 3 to subpart LLLLL; \u00a7\u00a7 63.7823(c) through (f), 63.7833(g); 63.11423(c).\n\n(111) [Reserved]\n\n(112) ASTM E145-94 (Reapproved 2001), Standard Specification for Gravity-Convection and Forced-Ventilation Ovens, IBR approved for appendix A to subpart PPPP.\n\n(113) ASTM E180-93, Standard Practice for Determining the Precision of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR approved for \u00a7 63.786(b).\n\n(114) ASTM E260-91, General Practice for Packed Column Gas Chromatography, IBR approved for \u00a7\u00a7 63.750(b) and 63.786(b).\n\n(115) ASTM E260-96, General Practice for Packed Column Gas Chromatography, IBR approved for \u00a7\u00a7 63.750(b) and 63.786(b).\n\n(116) ASTM E515-95 (Reapproved 2000), Standard Test Method for Leaks Using Bubble Emission Techniques, IBR approved for \u00a7 63.425(i).\n\n(117) 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.\n\n(118) 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.\n\n(119) 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.\n\n(120) ASTM UOP539-12, Refinery Gas Analysis by GC, Copyright 2012 (to UOP), IBR approved for \u00a7 63.670(j).\n\nStandards listed in this paragraph (i) may also be available from standards resellers including the Standards Store,  https://global.ihs.com.\n\n(j) 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.\n\n(1) \u201cBAAQMD Source Test Procedure ST-30\u2014Static Pressure Integrity Test, Underground Storage Tanks,\u201d adopted November 30, 1983, and amended December 21, 1994, IBR approved for \u00a7 63.11120(a).\n\n(2) [Reserved]\n\n(k) British Standards Institute, 389 Chiswick High Road, London W4 4AL, United Kingdom.\n\n(1) BS EN 1593:1999, Non-destructive Testing: Leak Testing\u2014Bubble Emission Techniques, IBR approved for \u00a7 63.425(i).\n\n(2) BS EN 14662-4:2005, Ambient air quality standard method for the measurement of benzene concentrations\u2014Part 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.\n\n(l) 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/ .\n\n(1) Method 310, \u201cDetermination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds (ROC) in Aerosol Coating Products,\u201d amended May 25, 2018, IBR approved for \u00a7 63.8055(b).\n\n(2) Method 428, \u201cDetermination Of Polychlorinated Dibenzo-P-Dioxin (PCDD), Polychlorinated Dibenzofuran (PCDF), and Polychlorinated Biphenyle Emissions from Stationary Sources,\u201d amended September 12, 1990, IBR approved for \u00a7 63.849(a)(13) and (14).\n\n(3) Method 429, Determination of Polycyclic Aromatic Hydrocarbon (PAH) Emissions from Stationary Sources, Adopted September 12, 1989, Amended July 28, 1997, IBR approved for \u00a7 63.1625(b).\n\n(4) California Air Resources Board Vapor Recovery Test Procedure TP-201.1\u2014\u201cVolumetric Efficiency for Phase I Vapor Recovery Systems,\u201d adopted April 12, 1996, and amended February 1, 2001 and October 8, 2003, IBR approved for \u00a7 63.11120(b).\n\n(5) California Air Resources Board Vapor Recovery Test Procedure TP-201.1E\u2014\u201cLeak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves,\u201d adopted October 8, 2003, IBR approved for \u00a7 63.11120(a).\n\n(6) California Air Resources Board Vapor Recovery Test Procedure TP-201.3\u2014\u201cDetermination of 2-Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,\u201d adopted April 12, 1996 and amended March 17, 1999, IBR approved for \u00a7 63.11120(a).\n\n(m) Composite Panel Association, 19465 Deerfield Avenue, Suite 306, Leesburg, VA 20176, Telephone (703)724-1128, and  www.compositepanel.org.\n\n(1) ANSI A135.4-2012, Basic Hardboard, approved June 8, 2012, IBR approved for \u00a7 63.4781.\n\n(2) [Reserved]\n\n(n) Environmental Protection Agency. Air and Radiation Docket and Information Center, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone number (202) 566-1745.\n\n(1)  California Regulatory Requirements Applicable to the Air Toxics Program,  November 16, 2010, IBR approved for \u00a7 63.99(a).\n\n(2) New Jersey's  Toxic Catastrophe Prevention Act Program,  (July 20, 1998), IBR approved for \u00a7 63.99(a).\n\n(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 \u00a7 63.99(a).\n\n(4) State of Delaware Regulations Governing the Control of Air Pollution (October 2000), IBR approved for \u00a7 63.99(a).\n\n(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 \u00a7 63.99(a).\n\n(6)\n\n(i) New Hampshire Regulations at Env-Sw 2100, Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, effective September 1, 2018, (including a letter from Robert R. Scott, Commissioner, Department of Environmental Services, State of New Hampshire, to David J. Alukonis, Director, Office of Legislative Services, dated October 23, 2018, certifying that the enclosed rule, Env-Sw 2100, is the official version of this rule), IBR approved for \u00a7 63.99(a).\n\n(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 \u00a7 63.99(a).\n\n(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 \u00a7 63.99(a).\n\n(8) California South Coast Air Quality Management District's \u201cSpray Equipment Transfer Efficiency Test Procedure for Equipment User, May 24, 1989,\u201d IBR approved for \u00a7\u00a7 63.11173(e) and 63.11516(d).\n\n(9) California South Coast Air Quality Management District's \u201cGuidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns, September 26, 2002,\u201d Revision 0, IBR approved for \u00a7\u00a7 63.11173(e) and 63.11516(d).\n\n(10) Rhode Island Regulations at Title 250 Department of Environmental Management, Chapter 120 Air Resources, Subchapter 05 Air Pollution Control:\n\n(i) 250-RICR-120-05-0. Part 0 General Definitions Regulation, effective as of January 4, 2022, excluding 0.2 \u201cApplication\u201d; IBR approved for \u00a7 63.99(a).\n\n(ii) 250-RICR-120-05-36. Part 36 Control of Emissions from Organic Solvent Cleaning, effective as of June 13, 2022, excluding 36.2 \u201cApplication\u201d, 36.5.A.28, \u201cIndustrial solvent cleaning\u201d, 36.6.D, and 36.17 \u201cRequirements for Industrial Cleaning Solvents\u201d; IBR approved for \u00a7  63.99(a).\n\n(11) [Reserved]\n\n(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 \u00a7 63.6675.\n\n(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 \u00a7 63.99(a).\n\n(o) U.S. Environmental Protection Agency (EPA), 1200 Pennsylvania Avenue NW, Washington, DC 20460; phone: (202) 272-0167; website:  www.epa.gov/aboutepa/forms/contact-epa .\n\n(1) EPA/100/R-10/005, Recommended Toxicity Equivalence Factors (TEFs) for Human Health Risk Assessments of 2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin and Dioxin-Like Compounds, December 2010; IBR approved for \u00a7\u00a7 63.1450(f); 63.1459; table 2 to subpart QQQ; table 1 to subpart AAAAA. (Available at  https://www.epa.gov/sites/default/files/2013-09/documents/tefs-for-dioxin-epa-00-r-10-005-final.pdf. )\n\n(2) EPA-453/R-01-005, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Plants\u2014Background Information for Proposed Standards, Final Report, January 2001; IBR approved for \u00a7 63.7491(g).\n\n(3) EPA-454/B-08-002, Quality Assurance Handbook for Air Pollution Measurement Systems; Volume IV: Meteorological Measurements, Version 2.0 (Final), Issued March 2008; IBR approved for \u00a7\u00a7 63.184(c); 63.7792(b).\n\n(4) EPA-454/R-98-015, Fabric Filter Bag Leak Detection Guidance, September 1997; IBR approved for \u00a7\u00a7 63.548(e); 63.864(e); 63.6012(c); 63.7525(j); 63.8450(e); 63.8600(e); 63.9632(a); 63.9804(f); 63.11224(f); 63.11423(e). (Available at:  https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.pdf ).\n\n(5) 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.\n\n(6) EPA/600/R-12/531, EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards, May 2012; IBR approved for \u00a7 63.2163(b).\n\n(7) 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 \u00a7 63.1513(d).\n\n(8) EPA-821-R-02-019, Method 1631 Revision E, Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Absorption Fluorescence Spectrometry, Revision E, August 2002; IBR approved for table 6 to subpart DDDDD.\n\n(9) EPA Method 200.8, Determination of Trace Elements in Waters and Wastes by Inductively Coupled Plasma\u2014Mass Spectrometry, Revision 5.4, 1994; IBR approved for table 6 to subpart DDDDD.\n\n(10) In EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (Available from:  www.epa.gov/hw-sw846/sw-846-compendium ):\n\n(i) SW-846-0011, Sampling for Selected Aldehyde and Ketone Emissions from Stationary Sources, Revision 0, December 1996; IBR approved for table 4 to subpart DDDD.\n\n(ii) SW-846-3020A, Acid Digestion of Aqueous Samples And Extracts For Total Metals For Analysis By GFAA Spectroscopy, Revision 1, July 1992; IBR approved for table 6 to subpart DDDDD; table 5 to subpart JJJJJJ.\n\n(iii) SW-846-3050B, Acid Digestion of Sediments, Sludges, and Soils, Revision 2, December 1996; IBR approved for table 6 to subpart DDDDD; table 5 to subpart JJJJJJ.\n\n(iv) SW-846-5030B, Purge-And-Trap For Aqueous Samples, Revision 2, December 1996; IBR approved for \u00a7\u00a7 63.109(b), (c), (d), and (e); 63.509(b) and (c); 63.2492(b) and (c).\n\n(v) SW-846-5031, Volatile, Nonpurgeable, Water-Soluble Compounds by Azeotropic Distillation, Revision 0, December 1996; IBR approved for \u00a7\u00a7 63.109(b), (c), (d), and (e); 63.509(b) and (c); 63.2492(b) and (c).\n\n(vi) SW-846-7470A, Mercury In Liquid Waste (Manual Cold-Vapor Technique), Revision 1, September 1994; IBR approved for table 6 to subpart DDDDD; table 5 to subpart JJJJJJ.\n\n(vii) SW-846-7471B, Mercury In Solid Or Semisolid Waste (Manual Cold-Vapor Technique), Revision 2, February 2007; IBR approved for table 6 to subpart DDDDD; table 5 to subpart JJJJJJ.\n\n(viii) SW-846-8015C, Nonhalogenated Organics by Gas Chromatography, Revision 3, February 2007; IBR approved for \u00a7\u00a7 63.11960; 63.11980; table 10 to subpart HHHHHHH.\n\n(ix) SW-846-8260B, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS), Revision 2, December 1996; IBR approved for \u00a7\u00a7 63.1107(a); 63.11960; 63.11980; table 10 to subpart HHHHHHH.\n\n(x) SW-846-8260D, Volatile Organic Compounds By Gas Chromatography/Mass Spectrometry, Revision 4, June 2018; IBR approved for \u00a7\u00a7 63.109(b), (c), (d), and (e); 63.509(b) and (c); 63.2492(b) and (c).\n\n(xi) SW-846-8270D, Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS), Revision 4, February 2007; IBR approved for \u00a7\u00a7 63.1107(a); 63.11960; 63.11980; table 10 to subpart HHHHHHH.\n\n(xii) SW-846-8315A, Determination of Carbonyl Compounds by High Performance Liquid Chromatography (HPLC), Revision 1, December 1996; IBR approved for \u00a7\u00a7 63.11960; 63.11980; table 10 to subpart HHHHHHH.\n\n(xiii) SW-846-5050, Bomb Preparation Method for Solid Waste, Revision 0, September 1994; IBR approved for table 6 to subpart DDDDD.\n\n(xiv) SW-846-6010C, Inductively Coupled Plasma-Atomic Emission Spectrometry, Revision 3, February 2007; IBR approved for table 6 to subpart DDDDD.\n\n(xv) SW-846-6020A, Inductively Coupled Plasma-Mass Spectrometry, Revision 1, February 2007; IBR approved for table 6 to subpart DDDDD.\n\n(xvi) SW-846-7060A, Arsenic (Atomic Absorption, Furnace Technique), Revision 1, September 1994; IBR approved for table 6 to subpart DDDDD.\n\n(xvii) SW-846-7740, Selenium (Atomic Absorption, Furnace Technique), Revision 0, September 1986; IBR approved for table 6 to subpart DDDDD.\n\n(xviii) SW-846-9056, Determination of Inorganic Anions by Ion Chromatography, Revision 1, February 2007; IBR approved for table 6 to subpart DDDDD.\n\n(xix) SW-846-9076, Test Method for Total Chlorine in New and Used Petroleum Products by Oxidative Combustion and Microcoulometry, Revision 0, September 1994; IBR approved for table 6 to subpart DDDDD.\n\n(xx) SW-846-9250, Chloride (Colorimetric, Automated Ferricyanide AAI), Revision 0, September 1986; IBR approved for table 6 to subpart DDDDD.\n\n(11)-(30) [Reserved]\n\n(31) EPA/100/R-10/005, Recommended Toxicity Equivalence Factors (TEFs) for Human Health Risk Assessments of 2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin and Dioxin-Like Compounds, December 2010; IBR approved for \u00a7 63.1459 and table 2 to subpart QQQ. (Available at https://www.epa.gov/sites/default/files/2013-09/documents/tefs-for-dioxin-epa-00-r-10-005-final.pdf.)\n\n(p) 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.\n\n(1) ISO 6978-1:2003(E), Natural Gas\u2014Determination of Mercury\u2014Part 1: Sampling of Mercury by Chemisorption on Iodine, First edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD.\n\n(2) ISO 6978-2:2003(E), Natural gas\u2014Determination of Mercury\u2014Part 2: Sampling of Mercury by Amalgamation on Gold/Platinum Alloy, First edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD.\n\n(3) ISO 16017-2:2003(E): Indoor, ambient and workplace air\u2014sampling and analysis of volatile organic compounds by sorbent tube/thermal desorption/capillary gas chromatography\u2014Part 2: Diffusive sampling, May 15, 2003, IBR approved for appendix A to this part: Method 325A and Method 325B.\n\n(q) 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.\n\n(1) NCASI Method DI/MEOH-94.03, Methanol in Process Liquids and Wastewaters by GC/FID, Issued May 2000, IBR approved for \u00a7\u00a7 63.457 and 63.459.\n\n(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.\n\n(3) NCASI Method DI/HAPS-99.01, Selected HAPs In Condensates by GC/FID, Issued February 2000, IBR approved for \u00a7 63.459(b).\n\n(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.\n\n(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 \u00a7\u00a7 63.4751(i) and 63.4752(e).\n\n(r) 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.\n\n(1) Handbook 44, Specificiations, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices 1998, IBR approved for \u00a7 63.1303(e).\n\n(2) \u201cTest Methods for Evaluating Solid Waste, Physical/Chemical Methods,\u201d EPA Publication SW-846, Third Edition. (A suffix of \u201cA\u201d in the method number indicates revision one (the method has been revised once). A suffix of \u201cB\u201d in the method number indicates revision two (the method has been revised twice).\n\n(i) Method 0023A, \u201cSampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofuran Emissions from Stationary Sources,\u201d Revision 2, dated August 2018, IBR approved for \u00a7 63.1208(b).\n\n(ii) Method 9071B, \u201cn-Hexane Extractable Material (HEM) for Sludge, Sediment, and Solid Samples,\u201d dated April 1998, IBR approved for \u00a7 63.7824(e).\n\n(iii) Method 9095A, \u201cPaint Filter Liquids Test,\u201d dated December 1996, IBR approved for \u00a7\u00a7 63.7700(b) and 63.7765.\n\n(iv) Method 9095B, \u201cPaint Filter Liquids Test,\u201d (revision 2), dated November 2004, IBR approved for the definition of \u201cFree organic liquids\u201d in \u00a7\u00a7 63.10692, 63.10885(a), and the definition of \u201cFree liquids\u201d in \u00a7 63.10906.\n\n(v) SW-846 74741B, Revision 2, \u201cMercury in Solid or Semisolid Waste (Manual Cold-Vapor Technique),\u201d February 2007, IBR approved for \u00a7 63.11647(f).\n\n(3) National Institute of Occupational Safety and Health (NIOSH) test method compendium, \u201cNIOSH Manual of Analytical Methods,\u201d NIOSH publication no. 94-113, Fourth Edition, August 15, 1994.\n\n(i) NIOSH Method 2010, \u201cAmines, Aliphatic,\u201d Issue 2, August 15, 1994, IBR approved for \u00a7 63.7732(g).\n\n(ii) [Reserved]\n\n(s) 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.\n\n(1) North American Electric Reliability Corporation Reliability Standard EOP-002-3, Capacity and Energy Emergencies, adopted August 5, 2010, IBR approved for \u00a7 63.6640(f).\n\n(2)[Reserved]\n\n(t) Technical Association of the Pulp and Paper Industry (TAPPI), 15 Technology Parkway South, Norcross, GA 30092, (800) 332-8686,  http://www.tappi.org.\n\n(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.\n\n(2) [Reserved]\n\n(u) Texas Commission on Environmental Quality (TCEQ) Library, Post Office Box 13087, Austin, Texas 78711-3087; phone: (512) 239-0028; email:  info@www.tceq.texas.gov ; website:  www.tceq.texas.gov .\n\n(1) \u201cAir Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources,\u201d Revision Number One, dated January 2003, Sampling Procedures Manual, Appendix P: Cooling Tower Monitoring, January 31, 2003; IBR approved for \u00a7\u00a7 63.104(f) and (g); 63.654(c) and (g); 63.655(i); 63.1086(e); 63.1089; 63.2490(d); 63.2525(r); 63.11920. (Available from:  www.tceq.texas.gov/downloads/compliance/investigations/assistance/samplingappp.pdf ).\n\n(2) [Reserved]"], ["40:40:11.0.1.1.1.1.5.15", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.15 Availability of information and confidentiality.", "EPA", "", "", "", "(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.\n\n(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.\n\n(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.\n\n(2) The contents of a title V permit shall not be entitled to protection under section 114(c) of the Act; however, information submitted as part of an application for a title V permit may be entitled to protection from disclosure."], ["40:40:11.0.1.1.1.1.5.16", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.16 Performance Track Provisions.", "EPA", "", "", "[69 FR 21753, Apr. 22, 2004]", "(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.\n\n(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:\n\n(1) Reduced its total HAP emissions to less than 25 tons per year;\n\n(2) Reduced its emissions of each individual HAP to less than 10 tons per year; and\n\n(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.\n\n(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:\n\n(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).\n\n(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).\n\n(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).\n\n(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."], ["40:40:11.0.1.1.1.1.5.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.2 Definitions.", "EPA", "", "", "[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; 85 FR 63418, Oct. 7, 2020; 85 FR 73885, Nov. 19, 2020]", "The terms used in this part are defined in the Act or in this section as follows:\n\nAct  means the Clean Air Act (42 U.S.C. 7401  et seq.,  as amended by Pub. L. 101-549, 104 Stat. 2399).\n\nActual 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.\n\nAdministrator  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).\n\nAffected 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 \u201caffected source,\u201d 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 \u201caffected source,\u201d 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 \u201caffected source,\u201d and the procedures for adopting an alternative definition of \u201caffected source,\u201d shall apply to each section 112(d) standard for which the initial proposed rule is signed by the Administrator after June 30, 2002.\n\nAlternative 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.\n\nAlternative 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.\n\nAlternative test method  means any method of sampling and analyzing for an air pollutant 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.\n\nApproved 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).\n\nArea source  means any stationary source of hazardous air pollutants that is not a major source as defined in this part.\n\nCommenced  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.\n\nCompliance 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.\n\nCompliance 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\n\n(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\n\n(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.\n\nConstruction  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.\n\nContinuous 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.\n\nContinuous 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.\n\nContinuous opacity monitoring system  (COMS) means a continuous monitoring system that measures the opacity of emissions.\n\nContinuous 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.\n\nEffective date  means:\n\n(1) With regard to an emission standard established under this part, the date of promulgation in the  Federal Register  of such standard; or\n\n(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.\n\nEmission 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.\n\nEmissions 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.\n\nEPA  means the United States Environmental Protection Agency.\n\nEquivalent 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.\n\nExcess 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.\n\nExisting source  means any affected source that is not a new source.\n\nFederally 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:\n\n(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;\n\n(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;\n\n(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;\n\n(4) Limitations and conditions that are part of an approved State Implementation Plan (SIP) or a Federal Implementation Plan (FIP);\n\n(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;\n\n(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:\n\n(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;\n\n(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 \u201cfederally enforceable\u201d by EPA;\n\n(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 \u201cfederally enforceable\u201d;\n\n(iv) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter; and\n\n(v) The permit in question was issued only after adequate and timely notice and opportunity for comment for EPA and the public.\n\n(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\n\n(8) Individual consent agreements that the EPA has legal authority to create.\n\nFixed capital cost  means the capital needed to provide all the depreciable components of an existing source.\n\nForce majeure  means, for purposes of \u00a7 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.\n\nFugitive 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.\n\nHazardous air pollutant  means any air pollutant listed in or pursuant to section 112(b) of the Act.\n\nIssuance  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.\n\nMajor 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.\n\nMalfunction  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.\n\nMonitoring  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:\n\n(1) Indicator(s) of performance\u2014the 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.\n\n(2) Measurement techniques\u2014the 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.\n\n(3) Monitoring frequency\u2014the 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.\n\n(4) Averaging time\u2014the 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.\n\nNew 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 \u201cnew affected source,\u201d 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 \u201cnew affected source,\u201d which will be the same as the \u201caffected source\u201d unless a different collection is warranted based on consideration of factors including:\n\n(1) Emission reduction impacts of controlling individual sources versus groups of sources;\n\n(2) Cost effectiveness of controlling individual equipment;\n\n(3) Flexibility to accommodate common control strategies;\n\n(4) Cost/benefits of emissions averaging;\n\n(5) Incentives for pollution prevention;\n\n(6) Feasibility and cost of controlling processes that share common equipment (e.g., product recovery devices);\n\n(7) Feasibility and cost of monitoring; and\n\n(8) Other relevant factors.\n\nNew 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.\n\nOne-hour period,  unless otherwise defined in an applicable subpart, means any 60-minute period commencing on the hour.\n\nOpacity  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.\n\nOwner or operator  means any person who owns, leases, operates, controls, or supervises a stationary source.\n\nPerformance 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.\n\nPerformance evaluation  means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validating the continuous monitoring system data.\n\nPerformance 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.\n\nPermit 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).\n\nPermit 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.\n\nPermit 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).\n\nPermitting 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\n\n(2) The Administrator, in the case of EPA-implemented permit programs under title V of the Act (42 U.S.C. 7661).\n\nPollution Prevention  means  source reduction  as defined under the Pollution Prevention Act (42 U.S.C. 13101-13109). The definition is as follows:\n\n(1)  Source reduction  is any practice that:\n\n(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\n\n(ii) Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants.\n\n(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.\n\n(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.\n\nPotential 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 enforceable.\n\nReconstruction,  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:\n\n(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\n\n(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.\n\nRegulation 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.\n\nRelevant standard  means:\n\n(1) An emission standard;\n\n(2) An alternative emission standard;\n\n(3) An alternative emission limitation; or\n\n(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 \u00a7 63.1(a)(4), and all applicable appendices of this part or of other parts of this chapter that are referenced in that standard.\n\nResponsible official  means one of the following:\n\n(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:\n\n(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or\n\n(ii) The delegation of authority to such representative is approved in advance by the Administrator.\n\n(2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively.\n\n(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).\n\n(4) For affected sources (as defined in this part) applying for or subject to a title V permit: \u201cresponsible official\u201d 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.\n\nRun  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.\n\nShutdown  means the cessation of operation of an affected source or portion of an affected source for any purpose.\n\nSix-minute period  means, with respect to opacity determinations, any one of the 10 equal parts of a 1-hour period.\n\nSource 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.\n\nStandard conditions  means a temperature of 293 K (68 \u00b0F) and a pressure of 101.3 kilopascals (29.92 in. Hg).\n\nStartup  means the setting in operation of an affected source or portion of an affected source for any purpose.\n\nState  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.\n\nStationary source  means any building, structure, facility, or installation which emits or may emit any air pollutant.\n\nTest 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.\n\nTitle 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.\n\nVisible emission  means the observation of an emission of opacity or optical density above the threshold of vision.\n\nWorking 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."], ["40:40:11.0.1.1.1.1.5.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.3 Units and abbreviations.", "EPA", "", "", "[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]", "Used in this part are abbreviations and symbols of units of measure. These are defined as follows:\n\n(a)  System International (SI) units of measure:\n\nA = ampere\n \n g = gram\n \n Hz = hertz\n \n J = joule\n \n \u00b0K = degree Kelvin\n \n kg = kilogram\n \n l = liter\n \n m = meter\n \n m\n 3  = cubic meter\n \n mg = milligram = 10 \u22123  gram\n \n ml = milliliter = 10 \u22123  liter\n \n mm = millimeter = 10 \u22123  meter\n \n Mg = megagram = 10\n 6  gram = metric ton\n \n MJ = megajoule\n \n mol = mole\n \n N = newton\n \n ng = nanogram = 10 \u22129  gram\n \n nm = nanometer = 10 \u22129  meter\n \n Pa = pascal\n \n s = second\n \n V = volt\n \n W = watt\n \n \u2126 = ohm\n \n \u00b5g = microgram = 10 \u22126  gram\n \n \u00b5l = microliter = 10 \u22126  liter\n\nA = ampere\n\ng = gram\n\nHz = hertz\n\nJ = joule\n\n\u00b0K = degree Kelvin\n\nkg = kilogram\n\nl = liter\n\nm = meter\n\nm\n 3  = cubic meter\n\nmg = milligram = 10 \u22123  gram\n\nml = milliliter = 10 \u22123  liter\n\nmm = millimeter = 10 \u22123  meter\n\nMg = megagram = 10\n 6  gram = metric ton\n\nMJ = megajoule\n\nmol = mole\n\nN = newton\n\nng = nanogram = 10 \u22129  gram\n\nnm = nanometer = 10 \u22129  meter\n\nPa = pascal\n\ns = second\n\nV = volt\n\nW = watt\n\n\u2126 = ohm\n\n\u00b5g = microgram = 10 \u22126  gram\n\n\u00b5l = microliter = 10 \u22126  liter\n\n(b)  Other units of measure:\n\nBtu = British thermal unit\n \n  \u00b0C = degree Celsius (centigrade)\n \n cal = calorie\n \n cfm = cubic feet per minute\n \n cc = cubic centimeter\n \n cu ft = cubic feet\n \n d = day\n \n dcf = dry cubic feet\n \n dcm = dry cubic meter\n \n dscf = dry cubic feet at standard conditions\n \n dscm = dry cubic meter at standard conditions\n \n eq = equivalent\n \n  \u00b0F degree Fahrenheit\n \n ft = feet\n \n ft\n 2  = square feet\n \n ft\n 3  = cubic feet\n \n gal = gallon\n \n gr = grain\n \n g-eq = gram equivalent\n \n g-mole = gram mole\n \n hr = hour\n \n in. = inch\n \n in. H 2  O = inches of water\n \n K = 1,000\n \n kcal = kilocalorie\n \n lb = pound\n \n lpm = liter per minute\n \n meq = milliequivalent\n \n min = minute\n \n MW = molecular weight\n \n oz = ounces\n \n ppb = parts per billion\n \n ppbw = parts per billion by weight\n \n ppbv = parts per billion by volume\n \n ppm = parts per million\n \n ppmw = parts per million by weight\n \n ppmv = parts per million by volume\n \n psia = pounds per square inch absolute\n \n psig = pounds per square inch gage\n \n \u00b0R = degree Rankine\n \n scf = cubic feet at standard conditions\n \n scfh = cubic feet at standard conditions per hour\n \n scm = cubic meter at standard conditions\n \n scmm = cubic meter at standard conditions per minute \n \n sec = second\n \n sq ft = square feet\n \n std = at standard conditions\n \n v/v = volume per volume\n \n yd\n 2  = square yards\n \n yr = year\n\nBtu = British thermal unit\n\n\u00b0C = degree Celsius (centigrade)\n\ncal = calorie\n\ncfm = cubic feet per minute\n\ncc = cubic centimeter\n\ncu ft = cubic feet\n\nd = day\n\ndcf = dry cubic feet\n\ndcm = dry cubic meter\n\ndscf = dry cubic feet at standard conditions\n\ndscm = dry cubic meter at standard conditions\n\neq = equivalent\n\n\u00b0F degree Fahrenheit\n\nft = feet\n\nft\n 2  = square feet\n\nft\n 3  = cubic feet\n\ngal = gallon\n\ngr = grain\n\ng-eq = gram equivalent\n\ng-mole = gram mole\n\nhr = hour\n\nin. = inch\n\nin. H 2  O = inches of water\n\nK = 1,000\n\nkcal = kilocalorie\n\nlb = pound\n\nlpm = liter per minute\n\nmeq = milliequivalent\n\nmin = minute\n\nMW = molecular weight\n\noz = ounces\n\nppb = parts per billion\n\nppbw = parts per billion by weight\n\nppbv = parts per billion by volume\n\nppm = parts per million\n\nppmw = parts per million by weight\n\nppmv = parts per million by volume\n\npsia = pounds per square inch absolute\n\npsig = pounds per square inch gage\n\n\u00b0R = degree Rankine\n\nscf = cubic feet at standard conditions\n\nscfh = cubic feet at standard conditions per hour\n\nscm = cubic meter at standard conditions\n\nscmm = cubic meter at standard conditions per minute\n\nsec = second\n\nsq ft = square feet\n\nstd = at standard conditions\n\nv/v = volume per volume\n\nyd\n 2  = square yards\n\nyr = year\n\n(c)  Miscellaneous:\n\nact = actual\n \n avg = average\n \n I.D. = inside diameter\n \n M = molar\n \n N = normal\n \n O.D. = outside diameter\n \n % = percent\n\nact = actual\n\navg = average\n\nI.D. = inside diameter\n\nM = molar\n\nN = normal\n\nO.D. = outside diameter\n\n% = percent"], ["40:40:11.0.1.1.1.1.5.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.4 Prohibited activities and circumvention.", "EPA", "", "", "[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]", "(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.\n\n(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.\n\n(3)-(5) [Reserved]\n\n(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\u2014\n\n(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;\n\n(2) The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions; and\n\n(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."], ["40:40:11.0.1.1.1.1.5.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.5 Preconstruction review and notification requirements.", "EPA", "", "", "[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]", "(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.\n\n(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.\n\n(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.\n\n(2) [Reserved]\n\n(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:\n\n(i) Construct a new affected source that is major-emitting and subject to such standard;\n\n(ii) Reconstruct an affected source that is major-emitting and subject to such standard; or\n\n(iii) Reconstruct a major source such that the source becomes an affected source that is major-emitting and subject to the standard.\n\n(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 \u00a7 63.9(b).\n\n(5) [Reserved]\n\n(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.\n\n(c) [Reserved]\n\n(d)  Application for approval of construction or reconstruction.  The provisions of this paragraph implement section 112(i)(1) of the Act.\n\n(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 \u00a7 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.\n\n(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:\n\n(A) The applicant's name and address;\n\n(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 \u00a7 63.2 or in the relevant standard;\n\n(C) The address (i.e., physical location) or proposed address of the source;\n\n(D) An identification of the relevant standard that is the basis of the application;\n\n(E) The expected date of the beginning of actual construction or reconstruction;\n\n(F) The expected completion date of the construction or reconstruction;\n\n(G) [Reserved]\n\n(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\n\n(I) [Reserved]\n\n(J) Other information as specified in paragraphs (d)(2) and (d)(3) of this section.\n\n(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 \u00a7 63.9(h) (see \u00a7 63.9(h)(5)).\n\n(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.\n\n(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\u2014\n\n(i) A brief description of the affected source and the components that are to be replaced;\n\n(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;\n\n(iii) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source;\n\n(iv) The estimated life of the affected source after the replacements; and\n\n(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.\n\n(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.\n\n(4)  Additional information.  The Administrator may request additional relevant information after the submittal of an application for approval of construction or reconstruction.\n\n(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.\n\n(ii) In addition, in the case of reconstruction, the Administrator's determination under this paragraph will be based on:\n\n(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;\n\n(B) The estimated life of the source after the replacements compared to the life of a comparable entirely new source;\n\n(C) The extent to which the components being replaced cause or contribute to the emissions from the source; and\n\n(D) Any economic or technical limitations on compliance with relevant standards that are inherent in the proposed replacements.\n\n(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.\n\n(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.\n\n(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\u2014\n\n(i) Notice of the information and findings on which the intended denial is based; and\n\n(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.\n\n(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.\n\n(5) Neither the submission of an application for approval nor the Administrator's approval of construction or reconstruction shall\u2014\n\n(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\n\n(ii) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act.\n\n(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:\n\n(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.\n\n(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.\n\n(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 \u00a7 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)."], ["40:40:11.0.1.1.1.1.5.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.6 Compliance with standards and maintenance requirements.", "EPA", "", "", "[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; 85 FR 73885, Nov. 19, 2020; 86 FR 13821, Mar. 11, 2021]", "(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 \u00a7 63.1(a)(4) unless\u2014\n\n(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\n\n(ii) The President has granted an exemption from compliance with any relevant standard in accordance with section 112(i)(4) of the Act.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(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 \u201cmore stringent\u201d 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\n\n(ii) The owner or operator complies with the standard as proposed during the 3-year period immediately after the effective date.\n\n(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.\n\n(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 \u00a7 63.9(d)\n\n(6) [Reserved]\n\n(7) When an area source increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source, the portion of the facility that meets the definition of 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.\n\n(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 provided in \u00a7 63.1(c)(6)(i). 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.\n\n(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.\n\n(3)-(4) [Reserved]\n\n(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 and meets the definition of an existing source in the applicable major source standard shall be subject to relevant standards for existing sources. Except as provided in paragraph \u00a7 63.1(c)(6)(i)(B), 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.\n\n(d) [Reserved]\n\n(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.\n\n(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.\n\n(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.\n\n(2) [Reserved]\n\n(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\u2014\n\n(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;\n\n(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\n\n(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).\n\n(ii) [Reserved]\n\n(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 \u201cchecklist,\u201d 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 \u00a7 63.10(d)(5).\n\n(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 \u00a7 63.10(d)(5) (unless the owner or operator makes alternative reporting arrangements, in advance, with the Administrator).\n\n(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.\n\n(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.\n\n(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:\n\n(A) Does not address a startup, shutdown, or malfunction event that has occurred;\n\n(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;\n\n(C) Does not provide adequate procedures for correcting malfunctioning process and/or air pollution control and monitoring equipment as quickly as practicable; or\n\n(D) Includes an event that does not meet the definition of startup, shutdown, or malfunction listed in \u00a7 63.2.\n\n(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 \u00a7 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.\n\n(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 \u00a7 70.2 and \u00a7 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.\n\n(f)  Compliance with nonopacity emission standards \u2014(1)  Applicability.  The non-opacity emission standards set forth in this part shall apply at all times except 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.\n\n(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 \u00a7 63.7, unless otherwise specified in an applicable subpart of this part.\n\n(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 \u00a7 63.6(e) and applicable subparts of this part.\n\n(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\u2014\n\n(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;\n\n(B) The performance test was conducted under representative operating conditions for the source;\n\n(C) The performance test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in \u00a7 63.7(e) of this subpart; and\n\n(D) The performance test was appropriately quality-assured, as specified in \u00a7 63.7(c).\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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 \u00a7 63.7 and \u00a7 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 \u00a7 63.7 and \u00a7 63.8.\n\n(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.\n\n(h)  Compliance with opacity and visible emission standards \u2014(1)  Applicability.  The opacity and visible emission standards set forth in this part must apply at all times except 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.\n\n(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.\n\n(ii) [Reserved]\n\n(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\u2014\n\n(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;\n\n(B) The opacity or visible emission test was conducted under representative operating conditions for the source;\n\n(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 \u00a7 63.7(e); and\n\n(D) The opacity or visible emission test was appropriately quality-assured, as specified in \u00a7 63.7(c) of this section.\n\n(3) [Reserved]\n\n(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 \u00a7 63.9(f), if such observations are required for the source by a relevant standard.\n\n(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:\n\n(i) For the purpose of demonstrating initial compliance, opacity or visible emission observations shall be conducted concurrently with the initial performance test required in \u00a7 63.7 unless one of the following conditions applies:\n\n(A) If no performance test under \u00a7 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 \u00a7 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\n\n(B) If visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under \u00a7 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 \u00a7 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.\n\n(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).\n\n(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 \u00a7 63.10(d).\n\n(iv) [Reserved]\n\n(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.\n\n(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.\n\n(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 \u00a7 63.7 and shall furnish the Administrator a written report of the monitoring results in accordance with the provisions of \u00a7 63.10(e)(4).\n\n(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 \u00a7 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 \u00a7 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 \u00a7 63.7, unless the owner or operator notifies the Administrator in writing to the contrary not later than with the notification under \u00a7 63.7(b) of the date the subsequent performance test is scheduled to begin.\n\n(iii) For the purposes of determining compliance with the opacity emission standard during a performance test required under \u00a7 63.7 using COMS data, the COMS data shall be reduced to 6-minute averages over the duration of the mass emission performance test.\n\n(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 \u00a7 63.8(e), that the COMS has been properly maintained, operated, and data quality-assured, as specified in \u00a7 63.8(c) and \u00a7 63.8(d), and that the resulting data have not been altered in any way.\n\n(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 \u00a7 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.\n\n(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 \u00a7 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.\n\n(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 \u00a7 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.\n\n(ii) The Administrator may grant such a petition upon a demonstration by the owner or operator that\u2014\n\n(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;\n\n(B) The performance tests were performed under the conditions established by the Administrator; and\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(2)  Extension of compliance for early reductions and other reductions \u2014(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.\n\n(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.\n\n(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).\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(6)(i) The request for a compliance extension under paragraph (i)(4) of this section shall include the following information:\n\n(A) A description of the controls to be installed to comply with the standard;\n\n(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:\n\n( 1 ) The date by which on-site construction, installation of emission control equipment, or a process change is planned to be initiated; and\n\n( 2 ) The date by which final compliance is to be achieved.\n\n( 3 ) The date by which on-site construction, installation of emission control equipment, or a process change is to be completed; and\n\n( 4 ) The date by which final compliance is to be achieved;\n\n(C)-(D)\n\n(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.\n\n(7) Advice on requesting an extension of compliance may be obtained from the Administrator (or the State with an approved permit program).\n\n(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.\n\n(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.\n\n(10) The extension will be in writing and will\u2014\n\n(i) Identify each affected source covered by the extension;\n\n(ii) Specify the termination date of the extension;\n\n(iii) Specify the dates by which steps toward compliance are to be taken, if appropriate;\n\n(iv) Specify other applicable requirements to which the compliance extension applies (e.g., performance tests); and\n\n(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\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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\u2014\n\n(A) Notice of the information and findings on which the intended denial is based; and\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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\u2014\n\n(A) Notice of the information and findings on which the intended denial is based; and\n\n(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.\n\n(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.\n\n(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:\n\n(i) Notice of the reason for termination; and\n\n(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.\n\n(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.\n\n(15) [Reserved]\n\n(16) The granting of an extension under this section shall not abrogate the Administrator's authority under section 114 of the Act.\n\n(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."], ["40:40:11.0.1.1.1.1.5.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.7 Performance testing requirements.", "EPA", "", "", "[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]", "(a)  Applicability and performance test dates.  (1) The applicability of this section is set out in \u00a7 63.1(a)(4).\n\n(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.\n\n(i)-(viii) [Reserved]\n\n(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 \u00a7 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.\n\n(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.\n\n(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:\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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. \u201cCommercially available\u201d 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.\n\n(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:\n\n( 1 ) Preparing the sample;\n\n( 2 ) Confirming the true concentration of the sample;\n\n( 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;\n\n( 4 ) Providing the opportunity for the compliance authority to comment on the selected concentration level for an audit sample;\n\n( 5 ) Distributing the sample to the user in a manner that guarantees that the true value of the sample is unknown to the user;\n\n( 6 ) Recording the measured concentration reported by the user and determining if the measured value is within acceptable limits;\n\n( 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.\n\n( 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.\n\n( 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.\n\n(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:\n\n( 1 ) Checking audit samples to confirm their true value as reported by the AASP.\n\n( 2 ) Performing technical systems audits of the AASP's facilities and operating procedures at least once every two years.\n\n( 3 ) Providing standards for use by the voluntary consensus standard body to approve the accrediting body that will accredit the audit sample providers.\n\n(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.\n\n(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.\n\n(v) The Administrator may request additional relevant information after the submittal of a site-specific test plan.\n\n(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\u2014\n\n(A) Notice of the information and findings on which the intended disapproval is based; and\n\n(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.\n\n(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:\n\n(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);\n\n(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.\n\n(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\u2014\n\n(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\n\n(B) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act.\n\n(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:\n\n(1) Sampling ports adequate for test methods applicable to such source. This includes:\n\n(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\n\n(ii) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures;\n\n(2) Safe sampling platform(s);\n\n(3) Safe access to sampling platform(s);\n\n(4) Utilities for sampling and testing equipment; and\n\n(5) Any other facilities that the Administrator deems necessary for safe and adequate testing of a source.\n\n(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 \u00a7 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.\n\n(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\u2014\n\n(i) Specifies or approves, in specific cases, the use of a test method with minor changes in methodology (see definition in \u00a7 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\n\n(ii) Approves the use of an intermediate or major change or alternative to a test method (see definitions in \u00a7 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\n\n(iii) Approves shorter sampling times or smaller sample volumes when necessitated by process variables or other factors; or\n\n(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.\n\n(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\u2014\n\n(i) A sample is accidentally lost after the testing team leaves the site; or\n\n(ii) Conditions occur in which one of the three runs must be discontinued because of forced shutdown; or\n\n(iii) Extreme meteorological conditions occur; or\n\n(iv) Other circumstances occur that are beyond the owner or operator's control.\n\n(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.\n\n(f)  Use of an alternative test method \u2014(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.\n\n(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\u2014\n\n(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;\n\n(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\n\n(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.\n\n(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.\n\n(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.\n\n(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 \u00a7 63.7(f).\n\n(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.\n\n(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 \u201ccompleted\u201d 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 \u00a7 63.9(i)). The results of the performance test shall be submitted as part of the notification of compliance status required under \u00a7 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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(3)  Request to waive a performance test.  (i) If a request is made for an extension of compliance under \u00a7 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.\n\n(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 \u00a7 63.6(i), \u00a7 63.9(h), and \u00a7 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.\n\n(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.\n\n(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\u2014\n\n(i) Approves or denies an extension of compliance under \u00a7 63.6(i)(8); or\n\n(ii) Approves or disapproves a site-specific test plan under \u00a7 63.7(c)(3); or\n\n(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\n\n(iv) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable.\n\n(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."], ["40:40:11.0.1.1.1.1.5.8", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.8 Monitoring requirements.", "EPA", "", "", "[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]", "(a)  Applicability.  (1) The applicability of this section is set out in \u00a7 63.1(a)(4).\n\n(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.\n\n(3) [Reserved]\n\n(4) Additional monitoring requirements for control devices used to comply with provisions in relevant standards of this part are specified in \u00a7 63.11.\n\n(b)  Conduct of monitoring.  (1) Monitoring shall be conducted as set forth in this section and the relevant standard(s) unless the Administrator\u2014\n\n(i) Specifies or approves the use of minor changes in methodology for the specified monitoring requirements and procedures (see \u00a7 63.90(a) for definition); or\n\n(ii) Approves the use of an intermediate or major change or alternative to any monitoring requirements or procedures (see \u00a7 63.90(a) for definition).\n\n(iii) Owners or operators with flares subject to \u00a7 63.11(b) are not subject to the requirements of this section unless otherwise specified in the relevant standard.\n\n(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.\n\n(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\u2014\n\n(A) Approved by the Administrator; or\n\n(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).\n\n(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.\n\n(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 \u00a7 63.6(e)(1).\n\n(ii) The owner or operator must keep the necessary parts for routine repairs of the affected CMS equipment readily available.\n\n(iii) The owner or operator of an affected source must develop a written startup, shutdown, and malfunction plan for CMS as specified in \u00a7 63.6(e)(3).\n\n(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).\n\n(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.\n\n(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 \u00a7 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.\n\n(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:\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(7)(i) A CMS is out of control if\u2014\n\n(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\n\n(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\n\n(C) The COMS CD exceeds two times the limit in the applicable performance specification in the relevant standard.\n\n(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.\n\n(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 \u00a7 63.10(e)(3).\n\n(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.\n\n(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:\n\n(i) Initial and any subsequent calibration of the CMS;\n\n(ii) Determination and adjustment of the calibration drift of the CMS;\n\n(iii) Preventive maintenance of the CMS, including spare parts inventory;\n\n(iv) Data recording, calculations, and reporting;\n\n(v) Accuracy audit procedures, including sampling and analysis methods; and\n\n(vi) Program of corrective action for a malfunctioning CMS.\n\n(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.\n\n(e)  Performance evaluation of continuous monitoring systems \u2014(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.\n\n(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 \u00a7 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.\n\n(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.\n\n(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.\n\n(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).\n\n(iv) The Administrator may request additional relevant information after the submittal of a site-specific performance evaluation test plan.\n\n(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 \u00a7 63.7(c)(3), the following conditions shall apply:\n\n(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);\n\n(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.\n\n(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\u2014\n\n(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\n\n(B) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act.\n\n(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 \u00a7 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 \u00a7 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 \u00a7 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 \u00a7 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 \u00a7 63.7(a), or as otherwise specified in the relevant standard.\n\n(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 \u00a7 63.7(g)(2)(i) through (vi) simultaneously with the results of the performance test required under \u00a7 63.7 or within 60 days of completion of the performance evaluation, unless otherwise specified in a relevant standard.\n\n(ii) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under \u00a7 63.7 and described in \u00a7 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 \u00a7 63.7 is conducted.\n\n(f)  Use of an alternative monitoring method \u2014(1)  General.  Until permission to use an alternative monitoring procedure (minor, intermediate, or major changes; see definition in \u00a7 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.\n\n(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:\n\n(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;\n\n(ii) Alternative monitoring requirements when the affected source is infrequently operated;\n\n(iii) Alternative monitoring requirements to accommodate CEMS that require additional measurements to correct for stack moisture conditions;\n\n(iv) Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements;\n\n(v) Alternate methods for converting pollutant concentration measurements to units of the relevant standard;\n\n(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;\n\n(vii) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard;\n\n(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\n\n(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.\n\n(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.\n\n(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 \u00a7 63.7(f).\n\n(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 \u00a7 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.\n\n(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.\n\n(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.\n\n(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\u2014\n\n(A) Notice of the information and findings on which the intended disapproval is based; and\n\n(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.\n\n(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.\n\n(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 \u00a7 63.8(f).\n\n(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:\n\n(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 \u00a7 63.7, or other tests performed following the criteria in \u00a7 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.\n\n(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.\n\n(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.\n\n(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.\n\n(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 \u00a7 63.2.\n\n(3) The data may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O 2  or ng/J of pollutant).\n\n(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).\n\n(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 \u00a7 63.10(b)(2)(vii)(A) or (B), data averages must include any data recorded during periods of monitor breakdown or malfunction."], ["40:40:11.0.1.1.1.1.5.9", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 63.9 Notification requirements.", "EPA", "", "", "[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; 85 FR 73885, Nov. 19, 2020; 89 FR 73307, Sept. 10, 2024; 91 FR 60, Jan. 2, 2026]", "(a)  Applicability and general information.  (1) The applicability of this section is set out in \u00a7 63.1(a)(4).\n\n(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.\n\n(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.\n\n(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 \u00a7 63.13).\n\n(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.\n\n(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.\n\n(ii) If an area source subsequently becomes 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. Area sources previously subject to major source requirements that become major sources again are also subject to the notification requirements of this paragraph and must submit the notification according to the requirements of paragraph (k) of this section.\n\n(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 \u00a7 63.5(d) of this subpart, if relevant, to fulfill the initial notification requirements of this paragraph.\n\n(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:\n\n(i) The name and address of the owner or operator;\n\n(ii) The address (i.e., physical location) of the affected source;\n\n(iii) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date;\n\n(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\n\n(v) A statement of whether the affected source is a major source or an area source.\n\n(3) [Reserved]\n\n(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 \u00a7 63.5(d) must provide the following information in writing to the Administrator:\n\n(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 \u00a7 63.5(d)(1)(i); and\n\n(ii)-(iv) [Reserved]\n\n(v) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.\n\n(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 \u00a7 63.5(d) must provide the following information in writing to the Administrator:\n\n(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\n\n(ii) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.\n\n(iii) Unless the owner or operator has requested and received prior permission from the Administrator to submit less than the information in \u00a7 63.5(d), the notification must include the information required on the application for approval of construction or reconstruction as specified in \u00a7 63.5(d)(1)(i).\n\n(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 \u00a7 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 \u00a7 63.6(i)(4) through \u00a7 63.6(i)(6).\n\n(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 \u00a7 63.6(b)(3) and \u00a7 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.\n\n(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 \u00a7 63.7(c), if requested by the Administrator, and to have an observer present during the test.\n\n(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 \u00a7 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 \u00a7 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.\n\n(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:\n\n(1) A notification of the date the CMS performance evaluation under \u00a7 63.8(e) is scheduled to begin, submitted simultaneously with the notification of the performance test date required under \u00a7 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 \u00a7 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;\n\n(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 \u00a7 63.7 in lieu of Method 9 or other opacity emissions test method data, as allowed by \u00a7 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\n\n(3) A notification that the criterion necessary to continue use of an alternative to relative accuracy testing, as provided by \u00a7 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.\n\n(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.\n\n(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\u2014\n\n(A) The methods that were used to determine compliance;\n\n(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;\n\n(C) The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods;\n\n(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;\n\n(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);\n\n(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\n\n(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.\n\n(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.\n\n(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.\n\n(4) [Reserved]\n\n(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 \u00a7 63.5(d) in place of the actual emissions data or control efficiencies required in paragraphs (d)(1)(ii)(H) and (d)(2) of \u00a7 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.\n\n(6) Advice on a notification of compliance status may be obtained from the Administrator.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(j)  Change in information already provided.  Any change in the information already provided under this section shall be provided to the Administrator within 15 calendar days after the change. The owner or operator of a major source that reclassifies to area source status is also subject to the notification requirements of this paragraph (j). The owner or operator may use the application for reclassification with the regulatory authority ( e.g.,  permit application) to fulfill the requirements of this paragraph (j). A source which reclassified after January 25, 2018, and before January 19, 2021, and has not yet provided the notification of a change in information is required to provide such notification no later than February 2, 2021, according to the requirements of paragraph (k) of this section. Beginning January 19, 2021, the owner or operator of a major source that reclassifies to area source status must submit the notification according to the requirements of paragraph (k) of this section. A notification of reclassification must contain the following information:\n\n(1) The name and address of the owner or operator;\n\n(2) The address ( i.e.,  physical location) of the affected source;\n\n(3) An identification of the standard being reclassified from and to (if applicable); and\n\n(4) Date of effectiveness of the reclassification.\n\n(k)  Electronic submission of notifications or reports.  If you are required to submit notifications or reports following the procedure specified in this paragraph (k), you must submit notifications or reports to the EPA via CEDRI, which can be accessed through the EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov/ ). The notification or report must be submitted by the deadline specified. The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as confidential business information (CBI). Anything submitted using CEDRI cannot later be claimed to be CBI. Although we do not expect persons to assert a claim of CBI, if persons wish to assert a CBI, submit a complete notification or report, including information claimed to be CBI, to the EPA. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph (k). All CBI claims must be asserted at the time of submission. Furthermore, under section 114(c) of the Act emissions data is not entitled to confidential treatment and requires the EPA to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.\n\n(1) If you are required to electronically submit a notification or report by this paragraph (k) through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the electronic submittal requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (k)(1)(i) through (vii) of this section.\n\n(i) You must have been or will be precluded from accessing CEDRI and submitting a required notification or report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.\n\n(ii) The outage must have occurred within the period of time beginning 5 business days prior to the date that the notification or report is due.\n\n(iii) The outage may be planned or unplanned.\n\n(iv) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.\n\n(v) You must provide to the Administrator a written description identifying:\n\n(A) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable;\n\n(B) A rationale for attributing the delay in submitting beyond the regulatory deadline to EPA system outage;\n\n(C) Measures taken or to be taken to minimize the delay in submitting; and\n\n(D) The date by which you propose to submit, or if you have already met the electronic submittal requirement in this paragraph (k) at the time of the notification, the date you submitted the notification or report.\n\n(vi) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.\n\n(vii) In any circumstance, the notification or report must be submitted electronically as soon as possible after the outage is resolved.\n\n(2) If you are required to electronically submit a notification or report by this paragraph (k) through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the electronic submittal requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (k)(2)(i) through (v) of this section.\n\n(i) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as 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 you from complying with the requirement to submit a notification or report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g.,  hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility ( e.g.,  large scale power outage).\n\n(ii) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in submitting through CEDRI.\n\n(iii) You must provide to the Administrator:\n\n(A) A written description of the force majeure event;\n\n(B) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;\n\n(C) Measures taken or to be taken to minimize the delay in reporting; and\n\n(D) The date by which you propose to submit the notification or report, or if you have already met the electronic submittal requirement in this paragraph (k) at the time of the notification, the date you submitted the notification or report.\n\n(iv) The decision to accept the claim of force majeure and allow an extension to the submittal deadline is solely within the discretion of the Administrator.\n\n(v) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs."], ["40:40:11.0.1.1.1.10.5.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "J", "Subpart J\u2014National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production", "", "\u00a7 63.210 What is the purpose of this subpart?", "EPA", "", "", "", "This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for polyvinyl chloride (PVC) and copolymers production."], ["40:40:11.0.1.1.1.10.5.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "J", "Subpart J\u2014National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production", "", "\u00a7 63.211 Am I subject to this subpart?", "EPA", "", "", "", "(a) You are subject to this subpart if you own or operate a PVC plant, as defined in 40 CFR 61.61(c) of this chapter, that is a major source of hazardous air pollutants (HAP) emissions or that is located at, or is part of, a major source of HAP emissions.\n\n(b) You are a major source of HAP emissions if you own or operate a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year."], ["40:40:11.0.1.1.1.10.5.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "J", "Subpart J\u2014National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production", "", "\u00a7 63.212 What parts of my facility does this subpart cover?", "EPA", "", "", "", "(a) This subpart applies to each new or existing affected source at PVC and copolymers production operations.\n\n(b) The affected source subject to this subpart is the collection of all equipment and activities in vinyl chloride service necessary to produce PVC and copolymers. This subpart applies to the PVC and copolymers production operations that meet the applicability criteria at 40 CFR 61.60(a)(3) of this chapter.\n\n(c) An affected source is a new affected source if you commenced construction or reconstruction of the affected source after July 10, 2002.\n\n(d) An affected source is existing if it is not new.\n\n(e) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act."], ["40:40:11.0.1.1.1.10.5.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "J", "Subpart J\u2014National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production", "", "\u00a7 63.213 When do I have to comply with this subpart?", "EPA", "", "", "", "(a) If you have a new affected source, you must comply with this subpart according to paragraphs (a)(1) and (2) of this section:\n\n(1) If you startup your affected source before July 10, 2002, then you must comply with the standards in this subpart no later than July 10, 2002.\n\n(2) If you startup your affected source after July 10, 2002, then you must comply with the standards in this subpart upon startup of your affected source.\n\n(b) If you have an existing affected source, you must be in compliance with the standards in this subpart by July 10, 2002.\n\n(c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP and an affected source subject to this subpart, paragraphs (c)(1) and (2) of this section apply.\n\n(1) An area source that meets the criteria of a new affected source as specified at \u00a7 63.212(d) must be in compliance with this subpart upon becoming a major source.\n\n(2) An area source that meets the criteria of an existing affected source as specified at \u00a7 63.212(e) must be in compliance with this subpart upon becoming a major source."], ["40:40:11.0.1.1.1.10.6.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "J", "Subpart J\u2014National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production", "", "\u00a7 63.214 What are the requirements I must comply with?", "EPA", "", "", "", "(a) You must meet all the requirements in 40 CFR part 61, subpart F of this chapter, as they pertain to processes that manufacture polymerized vinyl chloride, except as specified in paragraphs (a)(1) and (2) of this section. These requirements include the emission standards and compliance, testing, monitoring, notification, recordkeeping, and reporting requirements.\n\n(1) Where 40 CFR part 61, subpart F, references 40 CFR part 61, subpart V, a new source must comply with the provisions of 40 CFR part 63, subpart UU, instead of the provisions of 40 CFR part 61, subpart V.\n\n(2) Where 40 CFR part 61, subpart F, references 40 CFR part 61, subpart V, an existing source must comply with either the provisions of 40 CFR part 63, subpart UU, or the provisions of 40 CFR part 61, subpart V.\n\n(b) Sources that comply with all of the provisions of 40 CFR part 63, subpart UU, are not required to meet any of the provisions of 40 CFR part 61, subpart V."], ["40:40:11.0.1.1.1.10.7.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "J", "Subpart J\u2014National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production", "", "\u00a7 63.215 What General Provisions apply to me?", "EPA", "", "", "[67 FR 45891, July 10, 2002, as amended at 85 FR 73888, Nov. 19, 2020]", "(a) All the provisions in 40 CFR part 61, subpart A of this chapter, apply to this subpart.\n\n(b) The provisions in subpart A of this part also apply to this subpart as specified in paragraphs (b)(1) through (4) of this section.\n\n(1) The general applicability provisions in \u00a7 63.1(a)(1) through (8) and (13) through (14).\n\n(2) The specific applicability provisions in \u00a7 63.1(b) through (e) except for the reference to \u00a7 63.10 for recordkeeping procedures.\n\n(3) The construction and reconstruction provisions in \u00a7 63.5 except for the references to \u00a7 63.6 for compliance procedures and the references to \u00a7 63.9 for notification procedures.\n\n(4) The specific notification procedure of \u00a7 63.9(j) and (k) relating to a change in major source status."], ["40:40:11.0.1.1.1.10.7.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "J", "Subpart J\u2014National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production", "", "\u00a7 63.216 Who administers this subpart?", "EPA", "", "", "", "(a) This subpart can be administered by us, the EPA, or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the primary authority to administer and enforce this subpart. You should contact your EPA Regional Office to find out if the authority to implement and enforce this subpart is delegated to your State, local, or tribal agency.\n\n(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 paragraphs (b)(1) through (5) of this section are retained by the Administrator of EPA and are not transferred to the State, local, or tribal agency.\n\n(1) Approval of alternatives to the non-opacity emissions standards in \u00a7\u00a7 63.211, 63.212 and 63.214 under 40 CFR 61.12(d) of this chapter. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart.\n\n(2) [Reserved]\n\n(3) Approval of major alternatives to test methods under 40 CFR 61.13(h) of this chapter and as defined in \u00a7 63.90.\n\n(4) Approval of major alternatives to monitoring under 40 CFR 61.14(g) of this chapter and as defined in \u00a7 63.90.\n\n(5) Approval of major alternatives to recordkeeping and reporting under 40 CFR 61.10 of this chapter and as defined in \u00a7 63.90."], ["40:40:11.0.1.1.1.10.7.8", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "J", "Subpart J\u2014National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production", "", "\u00a7 63.217 What definitions apply to this subpart?", "EPA", "", "", "", "Terms used in this subpart are defined in the Clean Air Act; 40 CFR 61.02 of this chapter, the NESHAP General Provisions; 40 CFR 61.61 of this chapter, the Vinyl Chloride NESHAP; and, \u00a7 63.2, in regard to terms used in \u00a7\u00a7 63.1 and 63.5."], ["40:40:11.0.1.1.1.12.8.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.300 Applicability.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20012, Apr. 15, 2005; 89 FR 55731, July 5, 2024]", "(a) Unless otherwise specified in \u00a7\u00a7 63.306, 63.307, and 63.311, the provisions of this subpart apply to existing by-product coke oven batteries at a coke plant and to existing nonrecovery coke oven batteries at a coke plant on and after the following dates:\n\n(1) December 31, 1995, for existing by-product coke oven batteries subject to emission limitations in \u00a7 63.302(a)(1) or existing nonrecovery coke oven batteries subject to emission limitations in \u00a7 63.303(a);\n\n(2) January 1, 2003, for existing by-product coke oven batteries subject to emission limitations in \u00a7 63.302(a)(2);\n\n(3) July 14, 2005, for existing by-product coke oven batteries subject to emission limitations in \u00a7 63.302(a)(3) and for nonrecovery coke oven batteries subject to the emission limitations and requirements in \u00a7 63.303(b)(3) or (c);\n\n(4) Upon startup for a new nonrecovery coke oven battery subject to the emission limitations and requirements in \u00a7 63.303(b), (c), and (d). A new nonrecovery coke oven battery subject to the requirements in \u00a7 63.303(d) is one for which construction or reconstruction commenced on or after August 9, 2004;\n\n(5) November 15, 1993, for existing by-product and nonrecovery coke oven batteries subject to emission limitations in \u00a7 63.304(b)(1) or 63.304(c);\n\n(6) January 1, 1998, for existing by-product coke oven batteries subject to emission limitations in \u00a7 63.304(b)(2) or 63.304(b)(7); and\n\n(7) January 1, 2010, for existing by-product coke oven batteries subject to emission limitations in \u00a7 63.304(b)(3) or 63.304(b)(7).\n\n(b) The provisions for new sources in \u00a7\u00a7 63.302(b) and (c) and 63.303(b) apply to each greenfield coke oven battery and to each new or reconstructed coke oven battery at an existing coke plant if the changes to or addition of a coke oven battery results in an increase in the design capacity of the coke plant as of November 15, 1990, (including any capacity qualifying under \u00a7 63.304(b)(6), and the capacity of any coke oven battery subject to a construction permit on November 15, 1990, which commenced operation before October 27, 1993.\n\n(c) The provisions of this subpart apply to each brownfield coke oven battery, each padup rebuild, and each cold-idle coke oven battery that is restarted.\n\n(d) The provisions of \u00a7\u00a7 63.304(b)(2)(i)(A) and 63.304(b)(3)(i) apply to each foundry coke producer as follows:\n\n(1) A coke oven battery subject to \u00a7 63.304(b)(2)(i)(A) or \u00a7 63.304(b)(3)(i) must be a coke oven battery that on January 1, 1992, was owned or operated by a foundry coke producer; and\n\n(2)(i) A coke oven battery owned or operated by an integrated steel producer on January 1, 1992, and listed in paragraph (d)(2)(ii) of this section, that was sold to a foundry coke producer before November 15, 1993, shall be deemed for the purposes of paragraph (d)(1) of this section to be owned or operated by a foundry coke producer on January 1, 1992.\n\n(ii) The coke oven batteries that may qualify under this provision are the following:\n\n(A) The coke oven batteries at the Bethlehem Steel Corporation's Lackawanna, New York facility; and\n\n(B) The coke oven batteries at the Rouge Steel Company's Dearborn, Michigan facility.\n\n(e) The emission limitations set forth in this subpart shall apply at all times. At all times, 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. The general duty to minimize emissions does not 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 a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.\n\n(f) After October 28, 1992, rules of general applicability promulgated under section 112 of the Act, including the General Provisions, may apply to coke ovens provided that the topic covered by such a rule is not addressed in this subpart."], ["40:40:11.0.1.1.1.12.8.10", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.309 Performance tests and procedures.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 68 FR 37345, June 23, 2003; 70 FR 20013, Apr. 15, 2005; 89 FR 55735, July 5, 2024]", "(a) Except as otherwise provided, a daily performance test shall be conducted each day, 7 days per week for each new and existing coke oven battery, the results of which shall be used in accordance with procedures specified in this subpart to determine compliance with each of the applicable visible emission limitations for coke oven doors, topside port lids, offtake systems, and charging operations in this subpart. If a facility pushes and charges only at night, then that facility must, at its option, change their schedule and charge during daylight hours or provide adequate lighting so that visible emission inspections can be made at night. \u201cAdequate lighting\u201d will be determined by the enforcement agency. The performance test should be based on representative performance ( i.e.,  performance based on the entire range of normal operating conditions) of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operations, including operational conditions for maximum emissions if such emissions are not expected during maximum production. You shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.\n\n(1) Each performance test is to be conducted according to the procedures and requirements in this section and in Method 303 or 303A in appendix A to this part or Methods 9 and 22 in appendix A to part 60 of this chapter (where applicable).\n\n(2) Each performance test is to be conducted by a certified observer.\n\n(3) The certified observer shall complete any reasonable safety training program offered by the owner or operator prior to conducting any performance test at a coke oven battery.\n\n(4) Except as otherwise provided in paragraph (a)(5) of this section, the owner or operator shall pay an inspection fee to the enforcement agency each calendar quarter to defray the costs of the daily performance tests required under paragraph (a) of this section.\n\n(i) The inspection fee shall be determined according to the following formula:\n\nwhere\n \n F = Fees to be paid by owner or operator.\n \n H = Total person hours for inspections: 4 hours for 1 coke oven battery, 6.25 hours for 2 coke oven batteries, 8.25 hours for 3 coke oven batteries. For more than 3 coke oven batteries, use these hours to calculate the appropriate estimate of person hours.\n \n S = Current average hourly rate for private visible emission inspectors in the relevant market.\n\nwhere\n\nF = Fees to be paid by owner or operator.\n\nH = Total person hours for inspections: 4 hours for 1 coke oven battery, 6.25 hours for 2 coke oven batteries, 8.25 hours for 3 coke oven batteries. For more than 3 coke oven batteries, use these hours to calculate the appropriate estimate of person hours.\n\nS = Current average hourly rate for private visible emission inspectors in the relevant market.\n\n(ii) The enforcement agency may revise the value for H in equation 3 within 3 years after October 27, 1993 to reflect the amount of time actually required to conduct the inspections required under paragraph (a) of this section.\n\n(iii) The owner or operator shall not be required to pay an inspection fee (or any part thereof) under paragraph (a)(4) of this section, for any monitoring or inspection services required by paragraph (a) of this section that the owner or operator can demonstrate are covered by other fees collected by the enforcement agency.\n\n(iv) Upon request, the enforcement agency shall provide the owner or operator information concerning the inspection services covered by any other fees collected by the enforcement agency, and any information relied upon under paragraph (a)(4)(ii) of this section.\n\n(5)(i) The EPA shall be the enforcement agency during any period of time that a delegation of enforcement authority is not in effect or a withdrawal of enforcement authority under \u00a7 63.313 is in effect, and the Administrator is responsible for performing the inspections required by this section, pursuant to \u00a7 63.313(c).\n\n(ii) Within thirty (30) days of receiving notification from the Administrator that the EPA is the enforcement agency for a coke oven battery, the owner or operator shall enter into a contract providing for the inspections and performance tests required under this section to be performed by a Method 303 certified observer. The inspections and performance tests will be conducted at the expense of the owner or operator, during the period that the EPA is the implementing agency.\n\n(b) The enforcement agency shall commence daily performance tests on the applicable date specified in \u00a7 63.300 (a) or (c).\n\n(c) The certified observer shall conduct each performance test according to the requirements in this paragraph:\n\n(1) The certified observer shall conduct one run each day to observe and record visible emissions from each coke oven door (except for doors covered by an alternative standard under \u00a7 63.305), topside port lid, and offtake system on each coke oven battery. The certified observer also shall conduct five runs to observe and record the seconds of visible emissions per charge for five consecutive charges from each coke oven battery. The observer may perform additional runs as needed to obtain and record a visible emissions value (or set of values) for an emission point that is valid under Method 303 or Method 303A in appendix A to this part. Observations from fewer than five consecutive charges shall constitute a valid set of charging observations only in accordance with the procedures and conditions specified in sections 3.8 and 3.9 of Method 303 in appendix A to this part.\n\n(2) If a valid visible emissions value (or set of values) is not obtained for a performance test, there is no compliance determination for that day. Compliance determinations will resume on the next day that a valid visible emissions value (or set of values) is obtained.\n\n(3) After each performance test for a by-product coke oven battery, the certified observer shall check and record the collecting main pressure according to the procedures in section 6.3 of Method 303 in appendix A to this part.\n\n(i) The owner or operator shall demonstrate pursuant to Method 303 in appendix A to this part the accuracy of the pressure measurement device upon request of the certified observer;\n\n(ii) The owner or operator shall not adjust the pressure to a level below the range of normal operation during or prior to the inspection;\n\n(4) The certified observer shall monitor visible emissions from coke oven doors subject to an alternative standard under \u00a7 63.305 on the schedule specified in \u00a7 63.305(f).\n\n(5) If applicable, the certified observer shall monitor the opacity of any emissions escaping the control device for a shed covering doors subject to an alternative standard under \u00a7 63.305 on the schedule specified in \u00a7 63.305(f).\n\n(6) In no case shall the owner or operator knowingly block a coke oven door, or any portion of a door for the purpose of concealing emissions or preventing observations by the certified observer.\n\n(d) Using the observations obtained from each performance test, the enforcement agency shall compute and record, in accordance with the procedures and requirements of Method 303 or 303A in appendix A to this part, for each day of operations on which a valid emissions value (or set of values) is obtained:\n\n(1) The 30-run rolling average of the percent leaking coke oven doors, topside port lids, and offtake systems on each coke oven battery, using the equations in sections 12.5, 12.6, and 12.7 of Method 303 (or section 12 of Method 303A) in appendix A to this part;\n\n(2) For by-product coke oven battery charging operations, the logarithmic 30-day rolling average of the seconds of visible emissions per charge for each battery, using the equation in section 12.4 of Method 303 in appendix A to this part;\n\n(3) For a battery subject to an alternative emission limitation for coke oven doors on by-product coke oven batteries pursuant to \u00a7 63.305, the 30-run rolling average of the percent leaking coke oven doors for any side of the battery not subject to such alternative emission limitation;\n\n(4) For a by-product coke oven battery subject to the small battery emission limitation for coke oven doors pursuant to \u00a7 63.304(b)(7), the 30-run rolling average of the number of leaking coke oven doors;\n\n(5) For an approved alternative emission limitation for coke oven doors according to \u00a7 63.305, the weekly or monthly observation of the percent leaking coke oven doors using Method 303 in appendix A to this part, the percent opacity of visible emissions from the control device for the shed using Method 9 in appendix A-4 to 40 CFR part 60 or ASTM D7520-16 (incorporated by reference, see \u00a7 63.14), and visible emissions from the shed using Method 22 in appendix A-7 to 40 CFR part 60;\n\n(e) The certified observer shall make available to the implementing agency as well as to the owner or operator, a copy of the daily inspection results by the end of the day and shall make available the calculated rolling average for each emission point to the owner or operator as soon as practicable following each performance test. The information provided by the certified observer is not a compliance determination. For the purpose of notifying an owner or operator of the results obtained by a certified observer, the person does not have to be certified.\n\n(f) Compliance shall not be determined more often than the schedule provided for performance tests under this section. If additional valid emissions observations are obtained (or in the case of charging, valid sets of emission observations), the arithmetic average of all valid values (or valid sets of values) obtained during the day shall be used in any computations performed to determine compliance under paragraph (d) of this section or determinations under \u00a7 63.306.\n\n(g) Compliance with the alternative standards for nonrecovery coke oven batteries in \u00a7 63.303; shed inspection, maintenance requirements, and monitoring requirements for parameters affecting the shed exhaust or pushing/charging machine or equivalent device flow rate for batteries subject to alternative standards for coke oven doors under \u00a7 63.305; work practice emission control plan requirements in \u00a7 63.306; standards for bypass/bleeder stacks in \u00a7 63.307; and standards for collecting mains in \u00a7 63.308 is to be determined by the enforcement agency based on review of records and inspections.\n\n(h) For a flare installed to meet the requirements of \u00a7 63.307(b):\n\n(1) Compliance with the provisions in \u00a7 63.307(c) (visible emissions from flares) shall be determined using Method 22 in appendix A to part 60 of this chapter, with an observation period of 2 hours; and\n\n(2) Compliance with the provisions in \u00a7 63.307(b)(4) (flare pilot light) shall be determined using a thermocouple or any other equivalent device.\n\n(i) No observations obtained during any program for training or for certifying observers under this subpart shall be used to determine compliance with the requirements of this subpart or any other federally enforceable standard.\n\n(j) The owner or operator of a new nonrecovery coke oven battery shall conduct a performance test once each week to demonstrate compliance with the opacity limit in \u00a7 63.303(d)(1). The owner or operator shall conduct each performance test according to the procedures and requirements in paragraphs (j)(1) through (3) of this section.\n\n(1) Using a certified observer, determine the average opacity of five consecutive charges per week for each charging emissions capture system if charges can be observed according to the requirements of Method 9 in appendix A-4 to 40 CFR part 60 or ASTM D7520-16 (as applicable; incorporated by reference, see \u00a7 63.14), except as specified in paragraphs (j)(1)(i) and (ii) of this section.\n\n(i) Instead of the procedures in section 2.4 of Method 9 in appendix A-4 to 40 CFR part 60 or section 8.4 of ASTM D7520-16 (as applicable; incorporated by reference, see \u00a7 63.14), record observations to the nearest 5 percent at 15-second intervals for at least five consecutive charges.\n\n(ii) Instead of the procedures in section 2.5 of Method 9 in appendix A-4 to 40 CFR part 60 or section 8.5 of ASTM D7520-16 (as applicable; incorporated by reference, see \u00a7 63.14), determine and record the highest 3-minute average opacity for each charge from the consecutive observations recorded at 15-second intervals.\n\n(2) Opacity observations are to start when the door is removed for charging and end when the door is replaced.\n\n(3) Using the observations recorded from each performance test, the certified observer shall compute and record the average of the highest 3-minute averages for five consecutive charges.\n\n(k) The owner or operator of a new nonrecovery coke oven battery shall conduct a performance test to demonstrate initial compliance with the emission limitations for a charging emissions control device in \u00a7 63.303(d)(2) within 180 days of the compliance date that is specified for the affected source in \u00a7 63.300(a)(4) and report the results in the notification of compliance status. The owner or operator shall prepare a site-specific test plan according to the requirements in \u00a7 63.7(c) and shall conduct each performance test according to the requirements in paragraphs (a) and (k)(1) through (4) of this section.\n\n(1) Determine the concentration of PM according to the following test methods in appendices A-1 through A-3 to 40 CFR part 60\n\n(i) Method 1 to select sampling port locations and the number of traverse points. Sampling sites must be located at the outlet of the control device and prior to any releases to the atmosphere.\n\n(ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas.\n\n(iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. You may also use as an alternative to Method 3B, the manual method (but not instrumental procedures) for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas, ANSI/ASME PTC 19.10-1981 (incorporated by reference, see \u00a7 63.14).\n\n(iv) Method 4 to determine the moisture content of the stack gas.\n\n(v) Method 5 or 5D, as applicable, to determine the concentration of front half PM in the stack gas.\n\n(2) During each PM test run, sample only during periods of actual charging when the capture system fan and control device are engaged. Collect a minimum sample volume of 30 dry standard cubic feet (dscf) during each test run. Three valid test runs are needed to comprise a performance test. Each run must start at the beginning of a charge and finish at the end of a charge (i.e., sample for an integral number of charges).\n\n(3) Determine and record the total combined weight of tons of dry coal charged during the duration of each test run.\n\n(4) Compute the process-weighted mass emissions (E p ) for each test run using Equation 1 of this section as follows:\n\nWhere:\n \n E p  = Process weighted mass emissions of PM, lb/ton; \n \n C = Concentration of PM, grains per dry standard cubic foot (gr/dscf); \n \n Q = Volumetric flow rate of stack gas, dscf/hr; \n \n T = Total time during a run that a sample is withdrawn from the stack during charging, hr; \n \n P = Total amount of dry coal charged during the test run, tons; and \n \n K = Conversion factor, 7,000 grains per pound (gr/lb).\n\nWhere:\n\nE p  = Process weighted mass emissions of PM, lb/ton;\n\nC = Concentration of PM, grains per dry standard cubic foot (gr/dscf);\n\nQ = Volumetric flow rate of stack gas, dscf/hr;\n\nT = Total time during a run that a sample is withdrawn from the stack during charging, hr;\n\nP = Total amount of dry coal charged during the test run, tons; and\n\nK = Conversion factor, 7,000 grains per pound (gr/lb).\n\n(l) The owner or operator of a new nonrecovery coke oven battery shall conduct subsequent performance tests for each charging emissions control device subject to the PM emissions limit in \u00a7 63.303(d)(2) at least once during each term of their title V operating permit.\n\n(m) Visible emission observations of a charging emissions control device required by \u00a7 63.303(d)(3)(iii) must be performed by a certified observer according to Method 9 in appendix A-4 to 40 CFR part 60 or ASTM D7520-16 (as applicable; incorporated by reference, see \u00a7 63.14) for one 6-minute period."], ["40:40:11.0.1.1.1.12.8.11", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.310 [Reserved]", "EPA", "", "", "", ""], ["40:40:11.0.1.1.1.12.8.12", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.311 Reporting and recordkeeping requirements.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20014, Apr. 15, 2005; 85 FR 73888, Nov. 19, 2020; 89 FR 55735, July 5, 2024; 90 FR 30004, July 8, 2025; 90 FR 56012, Dec. 5, 2025]", "(a)  General requirements.  After the effective date of an approved permit in a state under part 70 of this chapter, the owner or operator shall submit all notifications and reports required by this subpart to the state permitting authority except a source that reclassifies to an area source must follow the notification procedures of \u00a7 63.9(j) and (k). Use of information provided by the certified observer shall be a sufficient basis for notifications required under \u00a7 70.5(c)(9) of this chapter and the reasonable inquiry requirement of \u00a7 70.5(d) of this chapter.\n\n(b)  Initial compliance certification.  The owner or operator of an existing or new coke oven battery shall provide a written statement(s) to certify compliance to the Administrator within 45 days of the applicable compliance date for the emission limitations or requirements in this subpart. The owner or operator shall include the following information in the initial compliance certification:\n\n(1) Statement signed by the owner or operator, certifying that a bypass/bleeder stack flare system or an approved alternative control device or system has been installed as required in \u00a7 63.307.\n\n(2) Statement, signed by the owner or operator, certifying that all work practice standards for charging operations have been met as required in \u00a7 63.303(b)(3).\n\n(3) Statement, signed by the owner or operator, certifying that all work practice standards for door leaks have been met as required in \u00a7 63.303(c).\n\n(4) Statement, signed by the owner or operator, that all applicable emission limitations in \u00a7 63.303(d)(1) and (2) for a new nonrecovery coke oven battery have been met. The owner or operator shall also include the results of the PM performance test required in \u00a7 63.309(k).\n\n(5) Statement, signed by the owner or operator, certifying that all work practice standards in \u00a7 63.303(d)(3) and (4) for a new nonrecovery coke oven battery have been met.\n\n(c)  Notifications.  The owner or operator shall provide written notification(s) to the Administrator of:\n\n(1) Intention to construct a new coke oven battery (including reconstruction of an existing coke oven battery and construction of a greenfield coke oven battery), a brownfield coke oven battery, or a padup rebuild coke oven battery, including the anticipated date of startup.\n\n(2) Election to meet emission limitation(s) in this subpart as follows:\n\n(i) Notification of election to meet the emission limitations in \u00a7 63.304(b)(1) or \u00a7 63.304(c) either in lieu of or in addition to the applicable emission limitations in \u00a7 63.302(a) or \u00a7 63.303(a) must be received by the Administrator on or before November 15, 1993; or\n\n(ii) Notification of election to meet the emission limitations in \u00a7 63.302(a)(1) or \u00a7 63.303(a), as applicable, must be received by the Administrator on or before December 31, 1995; and\n\n(iii) Notification of election to meet the emission limitations in \u00a7 63.304(b) (2) through (4) and \u00a7 63.304(c) or election to meet residual risk standards to be developed according to section 112(f) of the Act in lieu of the emission standards in \u00a7 63.304 must be received on or before January 1, 1998.\n\n(3) Intention to conduct a PM performance test for a new nonrecovery coke oven battery subject to the requirements in \u00a7 63.303(d)(2). The owner or operator shall provide written notification according to the requirements in \u00a7 63.7(b).\n\n(d)  Semiannual compliance certification.  The owner or operator of a coke oven battery shall include the following information in the semiannual compliance certification:\n\n(1) Certification, signed by the owner or operator, that no coke oven gas was vented, except through the bypass/bleeder stack flare system of a by-product coke oven battery during the reporting period or that a venting report has been submitted according to the requirements in paragraph (e) of this section.\n\n(2) Certification, signed by the owner or operator, that work practices were implemented if applicable under \u00a7 63.306.\n\n(3) Certification, signed by the owner or operator, that all work practices for nonrecovery coke oven batteries were implemented as required in \u00a7 63.303(b)(3).\n\n(4) Certification, signed by the owner or operator, that all coke oven door leaks on a nonrecovery battery were stopped according to the requirements in \u00a7 63.303(c)(2) and (3). If a coke oven door leak was not stopped according to the requirements in \u00a7 63.303(c)(2) and (3), or if the door leak occurred again during the coking cycle, the owner or operator must report the information in paragraphs (d)(4)(i) through (iv) of this section.\n\n(i) The oven number of each coke oven door for which a leak was not stopped according to the requirements in \u00a7 63.303(c)(2) and (3) or for a door leak that occurred again during the coking cycle.\n\n(ii) The total duration of the leak from the time the leak was first observed.\n\n(iii) The cause of the leak (including unknown cause, if applicable), any actions taken to minimize emissions in accordance with and \u00a7 63.300(e), the corrective action taken to stop the leak.\n\n(iv) Whether the failure occurred during a period of startup, shutdown or malfunction.\n\n(5) Certification, signed by the owner or operator, that the opacity of emissions from charging operations for a new nonrecovery coke oven battery did not exceed 20 percent. If the opacity limit in \u00a7 63.303(d)(1) was exceeded, the owner or operator must report the number, duration, and cause of the deviation (including unknown cause, if applicable), and the corrective action taken\n\n(6) Before September 3, 2024, report the results of any PM performance test for a charging emissions control device for a new nonrecovery coke oven battery conducted during the reporting period as required in \u00a7 63.309(l). Beginning on September 3, 2024, report PM performance test results according to paragraph (i) of this section.\n\n(7) Certification, signed by the owner or operator, that all work practices for a charging emissions control device for a new nonrecovery coke oven battery were implemented as required in \u00a7 63.303(d)(3). If a Method 9 in appendix A-4 to 40 CFR part 60 or ASTM D7520-16 (as applicable; incorporation by reference, see \u00a7 63.14) visible emissions observation exceeds 10 percent, the owner or operator must report the duration and cause of the deviation (including unknown cause, if applicable), and the corrective action taken.\n\n(8) Certification, signed by the owner or operator, that all work practices for oven dampers on a new nonrecovery coke oven battery were implemented as required in \u00a7 63.303(d)(4).\n\n(9) Facility name and address (including the county) and the beginning and ending date of the reporting period.\n\n(e)  Report for the venting of coke oven gas other than through a flare system.  The owner or operator shall report any venting of coke oven gas through a bypass/bleeder stack that was not vented through the bypass/bleeder stack flare system to the Administrator as soon as practicable but no later than 24 hours after the beginning of the event. A written or electronic report shall be submitted within 30 days of the event and shall include a description of the event and, if applicable, a copy of the notification for a hazardous substance release required pursuant to 40 CFR 302.6.\n\n(f)  Recordkeeping.  The owner or operator shall maintain files of all required information in a permanent form suitable for inspection at an onsite location for at least 1 year and must thereafter be accessible within 3 working days to the Administrator for the time period specified in 40 CFR 70.6(a)(3)(ii)(B). Copies of the work practice plan developed under \u00a7 63.306 shall be kept onsite at all times. The owner or operator shall record the occurrence and duration of each startup, shutdown, or malfunction of process, air pollution control, and monitoring equipment, and maintain the following information:\n\n(1) For nonrecovery coke oven batteries,\n\n(i) Records of daily pressure monitoring, if applicable according to \u00a7 63.303(a)(1)(ii) or \u00a7 63.303(b)(1)(ii).\n\n(ii) Records demonstrating the performance of work practice requirements according to \u00a7 63.306(b)(7). This requirement applies to nonrecovery coke oven batteries subject to the work practice requirements in \u00a7 63.303(a)(2) or \u00a7 63.303(b)(3).\n\n(iii) Design characteristics of each emission control system for the capture and collection of charging emissions, as required by \u00a7 63.303(b)(2).\n\n(iv) Records to demonstrate compliance with the work practice requirement for door leaks in \u00a7 63.303(c). These records must include the oven number of each leaking door, total duration of the leak from the time the leak was first observed, the cause of the leak (including unknown cause, if applicable), the corrective action taken to return the affected unit to its normal or usual manner operation, and the amount of time taken to stop the leak from the time the leak was first observed. Beginning on January 2, 2025, an estimate of the quantity of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, and whether the failure occurred during a period of startup, shutdown or malfunction. If you failed to meet an applicable standard, the compliance report must include the start date, start time, cause, and duration (in hours) of each failure. For each failure, beginning on January 2, 2025, the compliance report must include a list of the affected sources or equipment, actions taken to minimize emissions, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions.\n\n(v) Records to demonstrate compliance with the work practice requirements for oven uptake damper monitoring and adjustments in \u00a7 63.303(c)(1)(iv).\n\n(vi) Records of weekly performance tests to demonstrate compliance with the opacity limit for charging operations in \u00a7 63.303(d)(1). These records must include calculations of the highest 3-minute averages for each charge, the average opacity of five charges, and, if applicable, records demonstrating why five consecutive charges were not observed (e.g., the battery was charged only at night).\n\n(vii) Records of all PM performance tests for a charging emissions control device to demonstrate compliance with the limit in \u00a7 63.303(d)(2).\n\n(viii) Records of all daily visible emission observations for a charging emission control device to demonstrate compliance with the requirements limit in \u00a7 63.303(d)(3).\n\n(ix) Records to demonstrate compliance with the work practice requirements for oven uptake damper monitoring and adjustments in \u00a7 63.303(d)(4).\n\n(2) For an approved alternative emission limitation according to \u00a7 63.305;\n\n(i) Monitoring records for parameter(s) that indicate the exhaust flow rate is maintained;\n\n(ii) If applicable under \u00a7 63.305(f)(4)(i);\n\n(A) Records of opacity readings from the continuous opacity monitor for the control device for the shed. Beginning on January 2, 2025, if you failed to meet an applicable standard, the compliance report must include whether the failure occurred during a period of startup, shutdown, or malfunction of process, air pollution control, and monitoring equipment; the start date, start time, and duration (in hours) of each failure; and any corrective actions taken to return the affected unit to its normal or usual manner of operation. For each failure, beginning on January 2, 2025, the compliance report must include a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions; and\n\n(B) Records that demonstrate the continuous opacity monitoring system meets the requirements of Performance Specification 1 in appendix B to part 60 of this chapter and the operation and maintenance requirements in part 52 of this chapter; and\n\n(iii) Records of quarterly visual inspections as specified in \u00a7 63.305(f)(5), including the time and date a defect is detected and repaired.\n\n(3) A copy of the work practice plan required by \u00a7 63.306 and any revision to the plan;\n\n(4) If the owner or operator is required under \u00a7 63.306(c) to implement the provisions of a work practice plan for a particular emission point, the following records regarding the implementation of plan requirements for that emission point during the implementation period;\n\n(i) Copies of all written and audiovisual materials used in the training, the dates of each class, the names of the participants in each class, and documentation that all appropriate personnel have successfully completed the training required under \u00a7 63.306(b)(1);\n\n(ii) The records required to be maintained by the plan provisions implementing \u00a7 63.306(b)(7);\n\n(iii) Records resulting from audits of the effectiveness of the work practice program for the particular emission point, as required under \u00a7 63.306(b)(2)(i), 63.306(b)(3)(i), 63.306(b)(4)(i), or 63.306(b)(5)(i); and\n\n(iv) If the plan provisions for coke oven doors must be implemented, records of the inventory of doors and jambs as required under \u00a7 63.306(b)(2)(vi); and\n\n(5) The design drawings and engineering specifications for the bypass/bleeder stack flare system or approved alternative control device or system as required under \u00a7 63.307.\n\n(g)  Record availability.  Records required to be maintained and reports required to be filed with the Administrator under this subpart shall be made available in accordance with the requirements of this paragraph by the owner or operator to the authorized collective bargaining representative of the employees at a coke oven battery, for inspection and copying.\n\n(1) Requests under paragraph (g) of this section shall be submitted in writing or electronically, and shall identify the records or reports that are subject to the request with reasonable specificity;\n\n(2) The owner or operator shall produce the reports for inspection and copying within a reasonable period of time, not to exceed 30 days. A reasonable fee may be charged for copying (except for the first copy of any document), which shall not exceed the copying fee charged by the Administrator under part 2 of this chapter;\n\n(3) Nothing in paragraph (g) of this section shall require the production for inspection or copying of any portion of a document that contains trade secrets or confidential business information that the Administrator would be prohibited from disclosing to the public under part 2 of this chapter; and\n\n(4) The inspection or copying of a document under paragraph (g) of this section shall not in any way affect any property right of the owner or operator in such document under laws for the protection of intellectual property, including the copyright laws.\n\n(h)  Electronic reporting of compliance certification reports.  Beginning on July 7, 2025, or once the report template for this subpart has been available on the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) website for one year, whichever date is later, submit all subsequent reports to the EPA via the CEDRI according to \u00a7 63.9(k) except that confidential business information (CBI) should be submitted according to paragraph (k) of this section.\n\n(i)  Electronic Reporting of Performance Tests.  Beginning on September 3, 2024, within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedure specified in \u00a7 63.9(k) except that CBI should submitted be according to paragraph (k) of this section. Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert ) at the time of the test must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website. Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test must be included as an attachment in the ERT or alternate electronic file. If a performance test consists only of opacity or EPA Method 303 measurements, reporting using the ERT and CEDRI is not required.\n\n(j)  Fenceline monitoring reporting.  For fenceline monitoring systems subject to \u00a7 63.314 of this subpart, each owner or operator must submit fenceline monitoring reports on a quarterly basis using the appropriate electronic template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri ) for this subpart and following the procedure specified in \u00a7 63.9(k), except any medium submitted through mail must be sent to the attention of the Coke Ovens Sector Lead. The first quarterly report must cover the period beginning on the compliance date that is specified in \u00a7 63.314(a) of this subpart and ending on March 31, June 30, September 30 or December 31, whichever date is the first date that occurs after the owner or operator has completed at least one sampling period. Each subsequent quarterly report must cover one of the following reporting periods: Quarter 1 from January 1 through March 31; Quarter 2 from April 1 through June 30; Quarter 3 from July 1 through September 30; and Quarter 4 from October 1 through December 31. Each quarterly report must be electronically submitted no later than 45 calendar days following the end of the reporting period.\n\n(1) Facility name and address (including the county).\n\n(2) Year and reporting quarter ( i.e.,  Quarter 1, Quarter 2, Quarter 3, or Quarter 4).\n\n(3) For each passive tube monitor: The latitude and longitude location coordinates; the sampler name; and identification of the type of sampler ( i.e.,  regular monitor, extra monitor, duplicate, field blank, inactive). Coordinates must be in decimal degrees with at least five decimal places.\n\n(4) The beginning and ending dates for each sampling period.\n\n(5) Individual sample results for benzene reported in units of micrograms per cubic meter ( m g/m\n 3 ) for each monitor for each sampling period that ends during the reporting period. Results below the method detection limit shall be flagged as below the detection limit and reported at the method detection limit. Where individual sample results are corrected according to a site specific monitoring plan according to \u00a7 63.314(f), both the original and the corrected results are reported.\n\n(6) Data flags that indicate each monitor that was skipped for the sampling period, if the owner or operator uses an alternative sampling frequency under \u00a7 63.314(a)(2)(iii).\n\n(7) Data flags for each outlier determined in accordance with section 9.2 of Method 325A in appendix A to this part. For each outlier, the owner or operator must submit the individual sample result of the outlier, as well as the evidence used to conclude that the result is an outlier.\n\n(8) The biweekly concentration difference (\u0394c) for benzene for each sampling period and, beginning the first quarterly report with sufficient data to calculate an annual average, the annual average \u0394c for benzene for each sampling period.\n\n(9) Indication of whether the owner or operator was required to develop a corrective action plan under \u00a7 63.314(e) of this subpart.\n\n(k)  Confidential business information (CBI).  For notifications and reports required to be submitted to CEDRI:\n\n(1) The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraphs (h) or (i) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA.\n\n(2) For performance test reports according to paragraph (j) of this section, the file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website.\n\n(3) Clearly mark the part or all of the information that you claim to be CBI. Information not marked as CBI may be authorized for public release without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.\n\n(4) The preferred method to receive CBI is for it to be transmitted electronically using email attachments, File Transfer Protocol, or other online file sharing services. Electronic submissions must be transmitted directly to the OAQPS CBI Office at the email address  oaqpscbi@epa.gov,  and as described above, should include clear CBI markings. For performance test reports, the CBI should be flagged to the attention of the Group Leader, Measurement Policy Group; for all other reports and notifications, to the attention of the Coke Ovens Sector Lead. If assistance is needed with submitting large electronic files that exceed the file size limit for email attachments, and if you do not have your own file sharing service, please email  oaqpscbi@epa.gov  to request a file transfer link.\n\n(5) If you cannot transmit the file electronically, you may send CBI information through the postal service to the following address: OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Group Leader, Measurement Policy Group or Coke Oven Sector Lead as indicated in paragraph (k)(4) of this section. The mailed CBI material should be double wrapped and clearly marked. Any CBI markings should not show through the outer envelope.\n\n(6) All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed CBI. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.\n\n(7) You must submit the same file submitted to the CBI office with the CBI omitted to the EPA via the EPA's CDX as described in paragraphs (h), (i), or (j) of this section.\n\n(l)  Fenceline monitoring recordkeeping.  For fenceline monitoring systems subject to \u00a7 63.314, each owner or operator shall keep the records specified in paragraphs (l)(1) through (10) of this section on an ongoing basis.\n\n(1) Coordinates of all fenceline monitors, including co-located samplers and field blanks, and if applicable, the meteorological station. The owner or operator shall determine the coordinates using an instrument with an accuracy of at least 3 meters. The coordinates shall be in decimal degrees with at least five decimal places.\n\n(2) The start and stop times and dates for each sample, as well as the tube identifying information.\n\n(3) Sampling period average temperature and barometric pressure measurements.\n\n(4) For each outlier determined in accordance with Section 9.2 of Method 325A in appendix A to this part, the sampler location of and the concentration of the outlier and the evidence used to conclude that the result is an outlier.\n\n(5) For samples that will be adjusted for a background, the location of and the concentration measured simultaneously by the background sampler(s), and the perimeter samplers to which it applies.\n\n(6) Individual sample results, the calculated \u0394c for benzene for each sampling period and the two samples used to determine it, whether background correction was used, and the annual average \u0394c calculated after each sampling period.\n\n(7) Method detection limit for each sample, including co-located samples and blanks.\n\n(8) Documentation of the root cause analysis and any corrective action taken each time the action level was exceeded, including the dates the root cause analysis was initiated and the resulting correction action(s) were taken.\n\n(9) Any corrective action plan developed under \u00a7 63.314(e).\n\n(10) Other records as required by Methods 325A and 325B in appendix A to this part.\n\n(11) If a near-field source correction is used as provided in \u00a7 63.314(f), or if an alternative test method is used that provides time-resolved measurements, records of hourly meteorological data, including temperature, barometric pressure, wind speed and wind direction, calculated daily unit vector wind direction and daily sigma theta, and other records specified in the site-specific monitoring plan."], ["40:40:11.0.1.1.1.12.8.13", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.312 Existing regulations and requirements.", "EPA", "", "", "", "(a) The owner or operator shall comply with all applicable State implementation plan emission limits and (subject to any expiration date) all federally enforceable emission limitations which are contained in an order, decree, permit, or settlement agreement for the control of emissions from offtake systems, topside port lids, coke oven doors, and charging operations in effect on September 15, 1992, or which have been modified according to the provisions of paragraph (c) of this section.\n\n(b) Nothing in this subpart shall affect the enforcement of such State implementation plan emission limitations (or, subject to any expiration date, such federally enforceable emission limitations contained in an order, decree, permit, or settlement agreement) in effect on September 15, 1992, or which have been modified according to the provisions in paragraph (c) of this section.\n\n(c) No such State implementation plan emission limitation (or, subject to any expiration date, such federally enforceable emission limitation contained in an order, decree, permit, or settlement agreement) in effect on September 15, 1992, may be modified under the Act unless:\n\n(1) Such modification is consistent with all requirements of section 110 of the Act; and either\n\n(i) Such modification ensures that the applicable emission limitations and format (e.g., single pass v. multiday average) in effect on September 15, 1992, will continue in effect; or\n\n(ii) Such modification includes a change in the method of monitoring (except frequency unless frequency was indicated in the State implementation plan, or subject to any expiration date, other federally enforceable requirements contained in an order, decree, permit, or settlement agreement) that is more stringent than the method of monitoring in effect on September 15, 1992, and that ensures coke oven emission reductions greater than the emission reductions required on September 15, 1992. The burden of proof in demonstrating the stringency of the methods of monitoring is borne by the party requesting the modification and must be made to the satisfaction of the Administrator; or\n\n(iii) Such modification makes the emission limitations more stringent while holding the format unchanged, makes the format more stringent while holding the emission limitations unchanged, or makes both more stringent.\n\n(2) Any industry application to make a State implementation plan revision or other adjustment to account for differences between Method 303 in appendix A to this part and the State's method based on paragraph (c)(1)(ii) of this section shall be submitted within 12 months after October 27, 1993.\n\n(d) Except as specified in \u00a7 63.307(f), nothing in this subpart shall limit or affect any authority or obligation of Federal, State, or local agencies to establish emission limitations or other requirements more stringent than those specified in this subpart.\n\n(e) Except as provided in \u00a7 63.302(c), section 112(g) of the Act shall not apply to sources subject to this subpart."], ["40:40:11.0.1.1.1.12.8.14", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.313 Implementation and enforcement.", "EPA", "", "", "[68 FR 37346, June 23, 2003, as amended at 89 FR 55738, July 5, 2024]", "(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.\n\n(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 (d) of this section are retained by the Administrator and cannot be transferred to the State, local, or Tribal agency.\n\n(c) Withdrawal of authority:\n\n(1) Whenever the Administrator learns that a delegated agency has not fully carried out the inspections and performance tests required under \u00a7 63.309 for each applicable emission point of each battery each day, the Administrator shall immediately notify the agency. Unless the delegated agency demonstrates to the Administrator's satisfaction within 15 days of notification that the agency is consistently carrying out the inspections and performance tests required under \u00a7 63.309 in the manner specified in the preceding sentence, the Administrator shall notify the coke oven battery owner or operator that inspections and performance tests shall be carried out according to \u00a7 63.309(a)(5). When the Administrator determines that the delegated agency is prepared to consistently perform all the required inspections and performance tests each day, the Administrator shall give the coke oven battery owner or operator at least 15 days notice that implementation will revert to the previously delegated agency.\n\n(2) In addition to the provisions in paragraph (c)(1) of this section, the Administrator may also withdraw delegation of authority pursuant to the provisions of \u00a7 63.96 of subpart E of this part.\n\n(d) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (d)(1) through (5) of this section.\n\n(1) Approval of alternatives to the requirements in \u00a7\u00a7 63.300 and 63.302 through 63.308 (except the authorities in 63.306(a)(2) and (d)).\n\n(2) Approval of major alternatives to test methods under \u00a7 63.7(e)(2)(ii) and (f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(3) Approval of any changes to section 2 of Method 303 in appendix A of this part.\n\n(4) Approval of major alternatives to monitoring under \u00a7 63.8(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(5) Approval of major alternatives to recordkeeping and reporting under \u00a7 63.10(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(6) Approval of an alternative to any electronic reporting to the EPA required by this subpart."], ["40:40:11.0.1.1.1.12.8.15", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.314 Fenceline monitoring provisions.", "EPA", "", "", "[89 FR 55738, July 5, 2024, as amended at 90 FR 30004, July 8, 2025; 90 FR 56013, Dec. 5, 2025]", "For each by-product coke oven battery facility as defined in \u00a7 63.301, beginning no later than July 7, 2025, the owner or operator of a coke manufacturing facility shall conduct sampling along the facility property boundary and analyze the samples in accordance with paragraphs (a) through (g) of this section.\n\n(a) The owner or operator must conduct sampling along the facility property boundary and analyze the samples in accordance with Methods 325A and 325B in appendix A to this part and paragraphs (a)(1) through (a)(2) of this section. The monitoring perimeter may be located within the facility, inside the facility property boundary. However, the monitoring perimeter must encompass all potential sources of benzene that are located within the facility's property boundary.\n\n(1) The target analyte is benzene. The owner or operator must follow the procedure in section 9.6 of Method 325B in appendix A to this part to determine the detection limit of benzene for each sampler used to collect samples and blanks.\n\n(2) The owner or operator must use a sampling period and sampling frequency as specified in paragraphs (a)(2)(i) through (a)(2)(iii) of this section.\n\n(i) A 14-day sampling period must be used unless a shorter sampling period is determined to be necessary under paragraph (e) or (g) of this section. A sampling period is defined as the period during which a sampling tube is deployed at a specific sampling location with the diffusive sampling end cap in-place and does not include the time required to analyze the sample. For the purpose of this subpart, a 14-day sampling period may be no shorter than 13 calendar days and no longer than 15 calendar days, but the routine sampling period must be 14 calendar days.\n\n(ii) Except as provided in paragraph (a)(2)(iii) of this section, the frequency of sample collection must be once each contiguous 14-day sampling period, such that the beginning of the next 14-day sampling period begins immediately upon the completion of the previous 14-day sampling period.\n\n(iii) When an individual monitor consistently achieves results for benzene at or below the level specified in paragraph (a)(3) of this section, the owner or operator may elect to use the applicable minimum sampling frequency specified in paragraphs (a)(2)(iii)(A) through (E) of this section for that monitoring site. When calculating \u0394c for the monitoring period when using this alternative for burden reduction, use zero for the lowest sampling result for each monitoring period where one or more samples was not taken and/or analyzed for benzene.\n\n(A) If every sample at a monitoring site is at or below the level specified in paragraph (a)(3) of this section for 2 years (52 consecutive samples), every other sampling period can be skipped for that monitoring site,  i.e.,  sampling will occur approximately once per month.\n\n(B) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(2)(iii)(A) of this section is at or below the level specified in paragraph (a)(3) of this section for 2 years ( i.e.,  26 consecutive \u201cmonthly\u201d samples), five 14-day sampling periods can be skipped for that monitoring site following each period of sampling,  i.e.,  sampling will occur approximately once per quarter.\n\n(C) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(2)(iii)(B) of this section is at or below the level specified in paragraph (a)(3) of this section for 2 years ( i.e.,  8 consecutive quarterly samples), twelve 14-day sampling periods can be skipped for that monitoring site following each period of sampling,  i.e.,  sampling will occur twice a year.\n\n(D) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(2)(iii)(C) of this section is at or below the level specified in paragraph (a)(3) of this section for 2 years ( i.e.,  4 consecutive semiannual samples), only one sample per year is required for that monitoring site. For yearly sampling, samples shall occur at least 10 months but no more than 14 months apart.\n\n(E) If at any time a sample for a monitoring site that is monitored at the frequency specified in paragraph (a)(2)(iii)(A) through (D) of this section returns a result that is above the level specified in paragraph (a)(3) of this section, the sampling site must return to the original sampling requirements of contiguous 14-day sampling periods with no skip periods for one quarter (six 14-day sampling periods). If every sample collected during this quarter is at or below the level specified in paragraph (a)(3) of this section, the owner or operator may revert back to the reduced monitoring schedule applicable for that monitoring site prior to the sample reading exceeding the level specified in paragraph (a)(3) of this section. If any sample collected during this quarter is above the level specified in paragraph (a)(3) of this section, that monitoring site must return to the original sampling requirements of contiguous 14-day sampling periods with no skip periods for a minimum of two years. The burden reduction requirements can be used again for that monitoring site once the requirements of paragraph (a)(2)(iii)(A) of this section are met again,  i.e.,  after 52 contiguous 14-day samples with no results above the level specified in paragraph (a)(3) of this section.\n\n(3) To use the alternative sampling frequency outlined in paragraph (a)(2) of this section, an individual monitor must consistently achieve results for benzene at or below 0.7  m g/m\n 3 .\n\n(b) The owner or operator shall collect and record meteorological data according to the applicable requirements in paragraphs (b)(1) through (3) of this section.\n\n(1) If a near-field source correction is used as provided in paragraph (f)(2) of this section and/or if an alternative test method is used that provides time-resolved measurements, the owner or operator must use an on-site meteorological station in accordance with section 8.3 of Method 325A in appendix A to this part. Collect and record hourly average meteorological data, including temperature, barometric pressure, wind speed and wind direction, and calculate daily unit vector wind direction and daily sigma theta.\n\n(2) For cases other than those specified in paragraph (b)(1) of this section, the owner or operator shall collect and record sampling period average temperature and barometric pressure using either an on-site meteorological station in accordance with section 8.3 of Method 325A in appendix A to this part or, alternatively, using data from a National Weather Service (NWS) meteorological station provided the NWS meteorological station is within 40 kilometers (25 miles) of the coke manufacturing facility.\n\n(3) If an on-site meteorological station is used, the owner or operator shall follow the calibration and standardization procedures for meteorological measurements in EPA-454/B-08-002 (incorporated by reference, see \u00a7 63.14).\n\n(c) Within 45 days of completion of each sampling period, the owner or operator shall determine whether the results are above or below the action level as follows.\n\n(1) The owner or operator must determine the facility impact on the benzene concentration (\u0394c) for each sampling period according to either paragraph (c)(1)(i) or (ii) of this section, as applicable.\n\n(i) Except when near-field source correction is used as provided in paragraph (c)(1)(ii) of this section, the owner or operator shall determine the highest and lowest sample results for benzene concentrations from the sample pool and calculate \u0394c as the difference in these concentrations. Co-located samples must be averaged together for the purposes of determining the benzene concentration for that sampling location, and, if applicable, for determining \u0394c. The owner or operator shall adhere to the following procedures when one or more samples for the sampling period are below the method detection limit for benzene:\n\n(A) If the lowest detected value of benzene is below detection, the owner or operator shall use zero as the lowest sample result when calculating \u0394c.\n\n(B) If all sample results are below the method detection limit, the owner or operator shall use the method detection limit as the highest sample result and zero as the lowest sample result when calculating \u0394c.\n\n(C) In the case of co-located samples, if one sample is above the method detection limit while the other sample is below the method detection limit, the owner or operator must use the method detection limit as the result for the sample that is below the method detection limit for purposes of averaging the results to determine the concentration at a particular sampling location, and, if applicable, for determining \u0394c.\n\n(ii) When near-field source correction is used as provided in paragraph (f)(2) of this section, the owner or operator must determine \u0394c using the calculation protocols outlined in paragraph (c)(1)(i) of this section except as provided in this paragraph (c)(1)(ii), and the additional requirements in paragraph (f)(2) of this section, as well as any additional requirements outlined in the approved site-specific monitoring plan. The \u0394c for the sampling period is equal to the higher of the values in paragraphs (c)(1)(ii)(A) and (B) of this section.\n\n(A) The highest corrected sample result from a sampling location where near-field source correction is used during the sampling period.\n\n(B) The difference in concentration between the highest sample result that was not corrected for a near-field source during the sampling period and the lowest sample result for the sampling period.\n\n(2) The owner or operator must calculate the annual average \u0394c based on the average of the 26 most recent 14-day sampling periods. The owner or operator must update this annual average value after receiving the results of each subsequent 14-day sampling period.\n\n(3) The action level for benzene is 7  m g/m\n 3  on an annual average basis. If the annual average \u0394c value for benzene is greater than 7  m g/m\n 3 , the concentration is above the action level, and the owner or operator must conduct a root cause analysis and corrective action in accordance with paragraph (d) of this section.\n\n(d) Once the action level in paragraph (c)(3) of this section has been exceeded, the owner or operator must take the following actions to bring the annual average \u0394c back below the action level.\n\n(1) Within 5 days of updating the annual average value as required in paragraph (c)(2) of this section and determining that the action level in paragraph (c)(3) of this section has been exceeded ( i.e.,  in no case longer than 50 days after completion of the sampling period), the owner or operator must initiate a root cause analysis to determine appropriate corrective action. A root cause analysis is an assessment conducted through a process of investigation to determine the primary underlying cause and all other contributing causes to an exceedance of the action level set forth in paragraph (c)(3) of this section.\n\n(i) Root cause analysis may include, but is not limited to:\n\n(A) Leak inspection using Method 21 in appendix A-7 to 40 CFR part 60, optical gas imaging, or handheld monitors.\n\n(B) Visual inspection to determine the cause of the high benzene emissions.\n\n(C) Employing progressively more frequent sampling, analysis and meteorology ( e.g.,  using shorter sampling periods for Methods 325A and 325B in appendix A to this part, or using active sampling techniques, like those utilized as part of a site-specific monitoring plan).\n\n(D) Operator knowledge of process changes ( e.g.,  a malfunction or release event).\n\n(ii) If the root cause cannot be identified using the type of techniques described in paragraph (d)(1)(i) of this section, the owner or operator must employ more frequent sampling and analysis to determine the root cause of the exceedance.\n\n(A) The owner or operator may first employ additional monitoring points and shorter sampling periods for Methods 325A and 325B in appendix A to this part for benzene to determine the root cause of the exceedance.\n\n(B) If the owner or operator has not determined the root cause of the exceedance within 30 days of determining that the action level has been exceeded, the owner or operator must employ the appropriate real-time sampling techniques ( e.g.,  mobile gas chromatographs, optical spectroscopy instruments, sensors) to locate the cause of the exceedance. If the root cause is not identified after 48 hours, either the real-time monitor must be relocated or an additional real-time monitor must be added. Relocation or addition of extra real-time monitors must continue after each 48-hour period of nonidentification until the owner or operator can identify the root cause of the exceedance.\n\n(2) If either the underlying primary or other contributing causes of the exceedance are deemed to be under the control of the owner or operator and subject to a regulation codified in 40 CFR part 63, except as provided in paragraph (c)(3) of this section, the owner or operator must take appropriate corrective action as expeditiously as possible to bring annual average fenceline concentrations back below the action level set forth in paragraph (c)(3) of this section and to prevent future exceedances from the same underlying cause(s).\n\n(3) If the underlying primary or other contributing cause of the exceedance is under the control of the owner or operator but not subject to a regulation codified in 40 CFR part 63, as evidenced through the root cause analysis in paragraph (d)(1) of this section and supported by appropriate real-time sampling techniques consistent with paragraph (d)(1)(ii)(B) of this section, the owner or operator is not required to take corrective action under this subpart at any portion of the facility not subject to a regulation codified in 40 CFR part 63. However, the owner or operator must add additional monitoring locations in accordance with section 8.2.1.3 of EPA Method 325A in appendix A to this part or update their site-specific monitoring plan to add additional real-time monitors to account and correct for this near-field source of emissions not subject to a regulation codified in 40 CFR part 63 within 60 days of determining the underlying cause.\n\n(4) The root cause analysis must be completed and initial corrective actions, if applicable, taken no later than 45 days after determining there is an exceedance of an action level.\n\n(5) Except as noted in paragraph (d)(6) of this section, until the annual average \u0394c is below the action level again, following the completion of the initial corrective action, the owner or operator must conduct a new root cause analysis according to this paragraph (d), and if required, submit a corrective action plan under paragraph (e) of this section following any sampling period for which the \u0394c for the sampling period is greater than the action level in paragraph (c)(3) of this section.\n\n(6) This paragraph applies when an owner or operator is required under paragraph (d)(3) of this section to update the site-specific monitoring plan to account for an additional near-field emission source. Until the annual average \u0394c is below the action level again, following implementation of the approved revision to the site-specific monitoring plan, the owner or operator must conduct a new root cause analysis according to this paragraph (d), and if required, submit a corrective action plan under paragraph (e) of this section following any sampling period for which the \u0394c for the sampling period is greater than the action level in paragraph (c)(3) of this section.\n\n(e) An owner or operator must develop a corrective action plan if any of the conditions in paragraphs (e)(1) through (e)(3) of this section are met. The corrective action plan must describe the corrective action(s) completed to date, additional measures that the owner or operator proposes to employ to reduce annual average fenceline concentrations below the action level set forth in paragraph (c)(3) of this section, and a schedule for completion of these measures. The corrective action plan does not need to be approved by the Administrator. However, if upon review, the Administrator disagrees with the additional measures outlined in the plan, the owner or operator must revise and resubmit the plan within 7 calendar days of receiving comments from the Administrator.\n\n(1) Except as noted in paragraph (e)(3) of this section, if upon completion of the root cause analysis and initial corrective actions required under paragraph (d) of the section, the \u0394c value for the next sampling period, for which the sampling start time begins after the completion of the initial corrective actions, is greater than the level specified in paragraph (c)(3) of this section. The corrective action plan must include the implementation of real-time sampling techniques to locate the primary and other contributing causes of the exceedance. The owner or operator must submit the corrective action plan to the Administrator within 60 days after receiving the analytical results indicating that the \u0394c value for the sampling period following the completion of the initial corrective action is greater than the level specified in paragraph (c)(3) of this section.\n\n(2) The owner or operator must develop a corrective action plan if complete implementation of all corrective measures identified in the root cause analysis required by paragraph (e) of this section will require more than 45 days. The owner or operator must submit the corrective action plan to the Administrator no later than 60 days following the completion of the root cause analysis required in paragraph (d) of this section.\n\n(3) The owner or operator must develop a corrective action plan if upon completion of the root cause analysis and following implementation of the approved revision to the site-specific monitoring plan required under paragraph (d)(3) of this section, the \u0394c value for the next sampling period, for which the sampling start time begins after implementation of the approved revision to the site-specific monitoring plan, is greater than the level specified in paragraph (c)(3) of this section. The corrective action plan must include the implementation of real-time sampling techniques to locate the primary and other contributing causes of the exceedance. The owner or operator must submit the corrective action plan to the Administrator within 60 days after receiving the analytical results indicating that the \u0394c value for the sampling period following the implementation of the approved revision to the site-specific monitoring plan is greater than the level specified in paragraph (c)(3) of this section.\n\n(f) An owner or operator may request approval from the Administrator for a site-specific monitoring plan to account for offsite upwind sources or onsite sources not subject to a regulation codified in 40 CFR part 63 according to the requirements in paragraphs (f)(1) through (4) of this section.\n\n(1) The owner or operator must prepare and submit a site-specific monitoring plan and receive approval of the site-specific monitoring plan prior to using the near-field source alternative calculation for determining \u0394c provided in paragraph (f)(2) of this section. The site-specific monitoring plan shall include, at a minimum, the elements specified in paragraphs (f)(1)(i) through (v) of this section. The procedures in section 12 of Method 325A in appendix A to this part are not required, but may be used, if applicable, when determining near-field source contributions.\n\n(i) Identification of the near-field source or sources. For onsite sources, specify that the onsite source is not subject to a regulation codified in 40 CFR part 63 and identify any federal regulation or federally enforceable permit condition the source is subject to.\n\n(ii) Identification of the fenceline monitoring locations impacted by the near-field source. If more than one near-field source is present, identify the near-field source or sources that are expected to contribute to the concentration at each monitoring location.\n\n(iii) A description of (including sample calculations illustrating) the planned data reduction; treatment of invalid data and data below detection limits; and calculations to determine the near-field source concentration contribution for each monitoring location.\n\n(iv) A detailed description of the measurement technique, measurement location(s), the standard operating procedures, measurement frequency, recording frequency, measurement detection limit, and data quality indicators to ensure accuracy, precision, and validity of the data. If you are accounting for on-site sources, you must use a real-time sampling technique ( e.g.,  mobile gas chromatographs, optical spectroscopy instruments, sensors).\n\n(v) A detailed description of how data will be handled during periods of calm wind conditions ( i.e.,  less than 2 miles per hour).\n\n(2) When an approved site-specific monitoring plan is used, the owner or operator shall determine \u0394c for comparison with action level according to paragraph (c) of this section. When determining the sample results for use in the \u0394c calculation, the concentration for any monitor that has been corrected using an approved site-specific monitoring plan will be corrected according to the procedures specified in paragraphs (f)(2)(i) and (ii) of this section.\n\n(i) For each monitoring location corrected using the site-specific monitoring plan, the corrected fenceline concentration at that monitoring station will be equal to the fenceline concentration measured with Methods 325A and 325B in appendix A to this part minus the near-field source contributing concentration at the measurement location determined using the additional measurements and calculation procedures included in the approved site-specific monitoring plan.\n\n(ii) If the fenceline concentration at the monitoring station is below the method detection limit for Methods 325A and 325B in appendix A to this part, no near-field source contribution can be subtracted from that monitoring station for that sampling period.\n\n(3) The site-specific monitoring plan shall be submitted and approved as described in paragraphs (f)(3)(i) through (iv) of this section.\n\n(i) The site-specific monitoring plan must be submitted to the Administrator for approval.\n\n(ii) The site-specific monitoring plan shall also be submitted to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (D243-02), Attention: Metals and Inorganic Chemicals Group, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic copies in lieu of hard copies also may be submitted to  fencelineplan@epa.gov.\n\n(iii) The Administrator shall approve or disapprove the plan in 120 days. The plan shall be considered approved if the Administrator either approves the plan in writing or fails to disapprove the plan in writing. The 120-day period shall begin when the Administrator confirms receipt of a complete site-specific monitoring plan.\n\n(iv) If the Administrator finds any deficiencies in the site-specific monitoring plan and disapproves the plan in writing, the owner or operator may revise and resubmit the site-specific monitoring plan following the requirements in paragraphs (f)(3)(i) and (ii) of this section. The 120-day period starts over with the resubmission of the revised monitoring plan. The Administrator may indicate in writing that a submitted plan is incomplete and specify the information necessary for completeness.\n\n(4) The approval by the Administrator of a site-specific monitoring plan will be based on the completeness, accuracy and reasonableness of the request for a site-specific monitoring plan. Factors that the Administrator will consider in reviewing the request for a site-specific monitoring plan include, but are not limited to, those described in paragraphs (f)(4)(i) through (v) of this section.\n\n(i) The identification of the near-field source or sources and evidence of how the sources impact the fenceline concentration.\n\n(ii) The location(s) selected for additional monitoring to determine the near-field source concentration contribution.\n\n(iii) The identification of the fenceline monitoring locations impacted by the near-field source or sources.\n\n(iv) The appropriateness of the planned data reduction and calculations to determine the near-field source concentration contribution for each monitoring location, including the handling of invalid data, data below the detection limit, and data during calm periods.\n\n(v) The adequacy of the description of and the rationale for the measurement technique, measurement location(s), the standard operating procedure, the measurement and recording frequency, measurement detection limit, and data quality indicators proposed to ensure accuracy, precision, and validity of the data.\n\n(g) The owner or operator shall comply with the applicable recordkeeping and reporting requirements in \u00a7 63.311.\n\n(h) As outlined in \u00a7 63.7(f), the owner or operator may submit a request for an alternative test method. At a minimum, the request must follow the requirements outlined in paragraphs (h)(1) through (7) of this section.\n\n(1) The alternative method may be used in lieu of all samplers or a partial number of the passive samplers required in Method 325A in appendix A to this part.\n\n(2) The alternative method must be validated according to Method 301 in appendix A of this part or contain performance-based procedures and indicators to ensure self-validation.\n\n(3) The method detection limit must nominally be at least one-third of the action level. The alternate test method must describe the procedures used to provide field verification of the detection limit in the sample matrix being measured.\n\n(4) If the alternative test method will be used to replace some or all passive samplers required under paragraph (a) of this section, the spatial coverage must be equal to or better than the spatial coverage provided in Method 325A in appendix A to this part.\n\n(i) For path average concentration open-path instruments, the physical path length of the measurement shall be no more than a passive sample footprint (the spacing that would be provided by the sorbent traps when following Method 325A). For example, if Method 325A requires spacing monitors A and B 610 meters (2000 feet) apart, then the physical path length limit for the measurement at that portion of the fenceline shall be no more than 610 meters (2000 feet).\n\n(ii) For range resolved open-path instrument or approach, the instrument or approach must be able to resolve an average concentration over each passive sampler footprint within the path length of the instrument.\n\n(iii) The extra samplers required in sections 8.2.1.3 of Method 325A may be omitted when they fall within the path length of an open-path instrument.\n\n(5) At a minimum, non-integrating alternative test methods must provide a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.\n\n(6) For alternative test methods capable of real time measurements (less than a 5-minute sampling and analysis cycle), the alternative test method may allow for elimination of data points corresponding to outside emission sources for purpose of calculation of the high point for the two-week average. The alternative test method approach must have wind speed, direction and stability class of the same time resolution and within the footprint of the instrument.\n\n(7) For purposes of averaging data points to determine the \u0394c for the 14-day average high sample result, all results measured under the method detection limit must use the method detection limit. For purposes of averaging data points for the 14-day average low sample result, all results measured under the method detection limit must use zero."], ["40:40:11.0.1.1.1.12.8.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.301 Definitions.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 65 FR 62215, Oct. 17, 2000; 71 FR 20456, Apr. 20, 2006; 89 FR 55732, July 5, 2024]", "Terms used in this subpart are defined in the Act or in this section as follows:\n\nAdministrator  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 subpart or its designated agent).\n\nBrownfield coke oven battery  means a new coke oven battery that replaces an existing coke oven battery or batteries with no increase in the design capacity of the coke plant as of November 15, 1990 (including capacity qualifying under \u00a7 63.304(b)(6), and the capacity of any coke oven battery subject to a construction permit on November 15, 1990, which commenced operation before October 27, 1993.\n\nBypass stack  at a heat recovery facility means a stack through which emissions are discharged from a common tunnel that collects gases from a coke oven battery. and where the emissions are not passed through a heat recovery unit. Common tunnels typically are equipped with afterburners to further reduce organic emissions in the coke oven gas.\n\nBypass/bleeder stack  means a stack, duct, or offtake system that is opened to the atmosphere and used to relieve excess pressure by venting raw coke oven gas from the collecting main to the atmosphere from a by-product coke oven battery, usually during emergency conditions.\n\nBy-product coke oven battery  means a source consisting of a group of ovens connected by common walls, where coal undergoes destructive distillation under positive pressure to produce coke and coke oven gas, from which by-products are recovered.\n\nCertified observer  means a visual emission observer, certified under (if applicable) Method 303 and Method 9 or ASTM D7520-16 (if applicable; see \u00a7 63.14 for availability) and employed by the Administrator, which includes a delegated enforcement agency or its designated agent. For the purpose of notifying an owner or operator of the results obtained by a certified observer, the person does not have to be certified.\n\nCharge  or  charging period  means, for a by-product coke oven battery, the period of time that commences when coal begins to flow into an oven through a topside port and ends when the last charging port is recapped. For a nonrecovery coke oven battery,  charge or charging period  means the period of time that commences when coal begins to flow into an oven and ends when the push side door is replaced.\n\nCoke oven battery  means either a by-product or nonrecovery coke oven battery.\n\nCoke oven door  means each end enclosure on the pusher side and the coking side of an oven. The chuck, or leveler-bar, door is part of the pusher side door. A  coke oven door  includes the entire area on the vertical face of a coke oven between the bench and the top of the battery between two adjacent buckstays.\n\nCold-idle coke oven battery  means an existing coke oven battery that has been shut down, but is not dismantled.\n\nCollecting main  means any apparatus that is connected to one or more offtake systems and that provides a passage for conveying gases under positive pressure from the by-product coke oven battery to the by-product recovery system.\n\nCollecting main repair  means any measure to stop a collecting main leak on a long-term basis. A repair measure in general is intended to restore the integrity of the collecting main by returning the main to approximately its design specifications or its condition before the leak occurred. A repair measure may include, but is not limited to, replacing a section of the collecting main or welding the source of the leak.\n\nConsecutive charges  means charges observed successively, excluding any charge during which the observer's view of the charging system or topside ports is obscured.\n\nCorrective action  means the design, operation and maintenance changes that one takes consistent with good engineering practice to reduce or eliminate the likelihood of the recurrence of the primary cause and any other contributing cause(s) of an event identified by a root cause analysis as having resulted in a discharge of gases from an affected facility in excess of specified thresholds.\n\nDay  for monitoring purposes means any operation of the unit of more than three hours total for any time in the 24-hour period between 12:00 a.m. on one calendar day and 12:00 a.m. on the next calendar day.\n\nDesign capacity  means the original design capacity of a coke oven battery, expressed in megagrams per year of furnace coke.\n\nFenceline is a location on the border of the coke oven manufacturing facility property.\n\nFoundry coke producer  means a coke producer that is not and was not on January 1, 1992, owned or operated by an integrated steel producer and had on January 1, 1992, an annual design capacity of less than 1.25 million megagrams per year (1.38 million tons per year) (not including any capacity satisfying the requirements of \u00a7 63.300(d)(2) or \u00a7 63.304(b)(6)).\n\nGreenfield coke oven battery  means a coke oven battery for which construction is commenced at a plant site (where no coke oven batteries previously existed) after December 4, 1992.\n\nHeat and/or nonrecovery coke oven  battery means a group of ovens, connected by common side walls, in which coal undergoes destructive distillation under negative pressure to produce coke and coke oven gas and from which by-products are not recovered. The common tunnels typically contain afterburners to further reduce organic emissions in the coke oven gas. For nonrecovery plants ( i.e.,  no chemical recovery) with heat recovery, the oven gases are vented through common tunnels to a heat recovery steam generator that produces steam. Heat recovery coke oven batteries may release oven gases through common tunnels and then into the atmosphere through bypass stacks when the heat recovery steam generators are not available due to maintenance or repair. For nonrecovery coke oven batteries ( i.e.,  no chemical recovery) without heat recovery, oven gases are vented through common tunnels and then released to the atmosphere through waste heat stacks.\n\nHeat recovery steam generator  is a process unit that recovers heat from coke oven gas in order to produce steam. Units typically are equipped with desulfurization units and baghouses to remove pollutants from the exhaust gases.\n\nHeat recovery steam generator bypass/waste heat stack  means a stack that allows coke oven gas to be vented from the coke oven batteries through common tunnels and into the atmosphere when there are no heat recovery steam generator units available for heat recovery. Common tunnels typically are equipped with afterburners to further reduce organic emissions in the coke oven gas.\n\nHeat recovery steam generator main stack  means the stack that is the point of final discharge to the atmosphere of the gases emanating from a heat recovery steam generator and its control devices, which typically are desulfurization units and baghouses.\n\nIntegrated steel producer  means a company or corporation that produces coke, uses the coke in a blast furnace to make iron, and uses the iron to produce steel. These operations may be performed at different plant sites within the corporation.\n\nMalfunction  means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner which causes, or has the potential to cause, the emission limitations in an applicable standard to be exceeded. Failures caused in part by poor maintenance or careless operation are not  malfunctions.\n\nNew shed  means a shed for which construction commenced after September 15, 1992. The shed at Bethlehem Steel Corporation's Bethlehem plant on Battery A is deemed not to be a  new shed.\n\nNonrecovery coke oven battery  means a source consisting of a group of ovens connected by common walls, where coal undergoes destructive distillation under negative pressure to produce coke, and which is designed for the combustion of the coke oven gas from which by-products are not recovered. Also known as a heat and/or nonrecovery battery. Nonrecovery coke oven battery refers to units from which heat is recovered from the coke oven gas exhaust as well as units where heat is not recovered. Both heat and/or nonrecovery batteries are connected by common tunnels that typically include afterburners to further reduce organic emissions in the coke oven gas.\n\nNot tall oven battery  means a coke oven battery with ovens less than 6 meters (20 feet) in height.\n\nOfftake system  means any individual oven apparatus that is stationary and provides a passage for gases from an oven to a coke oven battery collecting main or to another oven. Offtake system components include the standpipe and standpipe caps, goosenecks, stationary jumper pipes, mini-standpipes, and standpipe and gooseneck connections.\n\nOven  means a chamber in the coke oven battery in which coal undergoes destructive distillation to produce coke.\n\nPadup rebuild  means a coke oven battery that is a complete reconstruction of an existing coke oven battery on the same site and pad without an increase in the design capacity of the coke plant as of November 15, 1990 (including any capacity qualifying under \u00a7 63.304(b)(6), and the capacity of any coke oven battery subject to a construction permit on November 15, 1990, which commenced operation before October 27, 1993. The Administrator may determine that a project is a  padup rebuild  if it effectively constitutes a replacement of the battery above the pad, even if some portion of the brickwork above the pad is retained.\n\nPushing,  for the purposes of \u00a7 63.305, means the coke oven operation that commences when the pushing ram starts into the oven to push out coke that has completed the coking cycle and ends when the quench car is clear of the coke side shed.\n\nPushing/charging machine (PCM)  means the combined coke oven pushing and charging machine operated on rail tracks to open an oven door, push the finished coke from the open oven, and close the oven door, and to charge the adjacent oven with coal to start the coking cycle. Typically used with horizontal ovens such as those at nonrecovery coke facilities.\n\nRoot cause analysis  is an assessment conducted through a process of investigation to determine the primary underlying cause and all other contributing causes to an exceedance of an action level set forth in this rule.\n\nRun  means the observation of visible emissions from topside port lids, offtake systems, coke oven doors, or the charging of a coke oven that is made in accordance with and is valid under Methods 303 or 303A in appendix A to this part.\n\nShed  means a structure for capturing coke oven emissions on the coke side or pusher side of the coke oven battery, which routes the emissions to a control device or system.\n\nShort coke oven battery  means a coke oven battery with ovens less than 6 meters (20 feet) in height. Also called a \u201cnot tall\u201d oven battery.\n\nShutdown  means the operation that commences when pushing has occurred on the first oven with the intent of pushing the coke out of all of the ovens in a coke oven battery without adding coal, and ends when all of the ovens of a coke oven battery are empty of coal or coke.\n\nStandpipe cap  means an apparatus used to cover the opening in the gooseneck of an offtake system.\n\nStartup  means that operation that commences when the coal begins to be added to the first oven of a coke oven battery that either is being started for the first time or that is being restarted and ends when the doors have been adjusted for maximum leak reduction and the collecting main pressure control has been stabilized. Except for the first startup of a coke oven battery, a startup cannot occur unless a shutdown has occurred.\n\nTall coke oven battery  means a coke oven battery with ovens 6 meters (20 feet) or more in height.\n\nTemporary seal  means any measure, including but not limited to, application of luting or packing material, to stop a collecting main leak until the leak is repaired.\n\nTopside port lid  means a cover, removed during charging or decarbonizing, that is placed over the opening through which coal can be charged into the oven of a by-product coke oven battery.\n\nWaste heat stack  at a heat and/or nonrecovery facility means a stack that allows coke oven gas to be vented from the coke oven batteries through common tunnels and into the atmosphere when there are no units available for heat recovery. Common tunnels typically contain afterburners to further reduce organic emissions in coke oven gas."], ["40:40:11.0.1.1.1.12.8.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.302 Standards for by-product coke oven batteries.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20013, Apr. 15, 2005; 89 FR 55733, July 5, 2024; 90 FR 30004, July 8, 2025; 90 FR 56012, Dec. 5, 2025]", "(a) Except as provided in \u00a7 63.304 or \u00a7 63.305, on and after the dates specified in this paragraph, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere, coke oven emissions from each affected existing by-product coke oven battery that exceed any of the following emission limitations or requirements:\n\n(1) On and after December 31, 1995;\n\n(i) For coke oven doors;\n\n(A) 6.0 percent leaking coke oven doors for each tall by-product coke oven battery, as determined according to the procedures in \u00a7 63.309(d)(1); and\n\n(B) 5.5 percent leaking coke oven doors for each short by-product coke oven battery, as determined according to the procedures in \u00a7 63.309(d)(1);\n\n(ii) 0.6 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(iii) 3.0 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(iv) 12 seconds of visible emissions per charge, as determined by the procedures in \u00a7 63.309(d)(2).\n\n(2) On and after January 1, 2003, unless the Administrator promulgates more stringent limits pursuant to section 112(f) of the Act;\n\n(i) 5.5 percent leaking coke oven doors for each tall by-product coke oven battery, as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(ii) 5.0 percent leaking coke oven doors for each short by-product coke oven battery, as determined by the procedures in \u00a7 63.309(d)(1).\n\n(3) On and after July 14, 2005;\n\n(i) 4.0 percent leaking coke oven doors for each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(ii) 3.3 percent leaking coke oven doors for each by-product coke oven battery not subject to the emission limitation in paragraph (a)(3)(i) of this section, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(iii) 0.4 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(iv) 2.5 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(v) 12 seconds of visible emissions per charge, as determined by the procedures in \u00a7 63.309(d)(2).\n\n(4) On and after July 7, 2025:\n\n(i) for facilities with coke production capacity more than or equal to 3 million tpy coke and as determined by the procedures in \u00a7 63.309(d)(1), 2.5 percent leaking coke oven doors for each tall by-product coke oven battery and 1.7 percent leaking coke oven doors for each not tall by-product coke oven battery;\n\n(ii) for facilities with coke production capacity less than 3 million tpy coke and as determined by the procedures in \u00a7 63.309(d)(1), 3.8 percent leaking coke oven doors for each tall by-product coke oven battery and 3.2 percent leaking coke oven doors for each not tall by-product coke oven battery;\n\n(iii) 0.32 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(iv) 2.1 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(v) 12 seconds of visible emissions per charge, as determined by the procedures in \u00a7 63.309(d)(2).\n\n(b) Except as provided in paragraph (c) of this section, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere, coke oven emissions from a by-product coke oven battery subject to the applicability requirements in \u00a7 63.300(b) that exceed any of the following emission limitations:\n\n(1) 0.0 percent leaking coke oven doors, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(2) 0.0 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(3) 0.0 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(4) 34 seconds of visible emissions per charge, as determined by the procedures in \u00a7 63.309(d)(2).\n\n(c) The emission limitations in paragraph (b) of this section do not apply to the owner or operator of a by-product coke oven battery that utilizes a new recovery technology, including but not limited to larger size ovens, operation under negative pressure, and processes with emission points different from those regulated under this subpart. An owner or operator constructing a new by-product coke oven battery or reconstructing an existing by-product recovery battery that utilizes a new recovery technology shall:\n\n(1) Notify the Administrator of the intention to do so, as required in \u00a7 63.311(c); and\n\n(2) Submit, for the determination under section 112(g)(2)(B) of the Act, and as part of the application for permission to construct or reconstruct, all information and data requested by the Administrator for the determination of applicable emission limitations and requirements for that by-product coke oven battery.\n\n(d) Emission limitations and requirements applied to each coke oven battery utilizing a new recovery technology shall be less than the following emission limitations or shall result in an overall annual emissions rate for coke oven emissions for the battery that is lower than that obtained by the following emission limitations on and after July 7, 2025:\n\n(1) Coke oven doors on by-product coke oven batteries at facilities with production capacity more than or equal to 3 million tpy coke:\n\n(i) 2.5 percent leaking coke oven doors on tall by-product coke oven batteries, as defined in \u00a7 63.301 and as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(ii) 1.7 percent leaking coke oven doors for each not tall by-product coke oven battery, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(2) For coke oven doors on by-product coke oven batteries at facilities with coke production capacity less than 3 million tpy coke:\n\n(i) 3.8 percent leaking coke oven doors on tall by-product coke oven batteries, as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(ii) 3.2 percent leaking coke oven doors on not tall by-product coke oven batteries, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(3) 2.1 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1);\n\n(4) 0.32 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(5) 12 seconds of visible emissions per charge, as determined by the procedures in \u00a7 63.309(d)(2)."], ["40:40:11.0.1.1.1.12.8.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.303 Standards for nonrecovery coke oven batteries.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20013, Apr. 15, 2005; 89 FR 55733, July 5, 2024; 90 FR 30004, July 8, 2025; 90 FR 56012, Dec. 5, 2025]", "(a) Except as provided in \u00a7 63.304, on and after December 31, 1995, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from each affected existing nonrecovery coke oven battery that exceed any of the following emission limitations or requirements:\n\n(1) For coke oven doors and common tunnels;\n\n(i) 0.0 percent leaking coke oven doors, as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(ii) The owner or operator shall monitor and record, once per day for each day of operation, the pressure in each oven or in each common battery tunnel during pushing, charging, and coking to ensure that the ovens are operated under a negative pressure.\n\n(iii) The date for compliance with paragraphs (a)(1)(i) and (ii) of this section is on and after July 7, 2025.\n\n(2) For charging operations, the owner or operator shall implement, for each day of operation, the work practices specified in \u00a7 63.306(b)(6) and record the performance of the work practices as required in \u00a7 63.306(b)(7).\n\n(b) No owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from each affected new nonrecovery coke oven battery subject to the applicability requirements in \u00a7 63.300(b) that exceed any of the following emission limitations or requirements:\n\n(1) For coke oven doors and common tunnels;\n\n(i) 0.0 percent leaking coke oven doors, as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(ii) The owner or operator shall monitor and record, once per day for each day of operation, the pressure in each oven or in each common battery tunnel during pushing, charging, and coking to ensure that the ovens are operated under a negative pressure.\n\n(iii) The date for compliance with paragraphs (b)(1)(i) and (ii) of this section is on and after July 7, 2025, or upon initial startup, whichever is later.\n\n(2) For charging operations, the owner or operator shall install, operate, and maintain an emission control system for the capture and collection of emissions in a manner consistent with good air pollution control practices for minimizing emissions from the charging operation;\n\n(3) For charging operations, the owner or operator shall implement, for each day of operation, the work practices specified in \u00a7 63.306(b)(6) and record the performance of the work practices as required in \u00a7 63.306(b)(7).\n\n(4) 0.0 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1) (if applicable to the new nonrecovery coke oven battery); and\n\n(5) 0.0 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1) (if applicable to the new nonrecovery coke oven battery).\n\n(c) Except as provided in \u00a7 63.304(a), (b), and (d), the owner or operator of any nonrecovery coke oven battery shall meet the work practice standards in paragraphs (c)(1) and (2) of this section.\n\n(1) The owner or operator shall observe each coke oven door after charging and record the oven number of any door from which visible emissions occur. Emissions from coal spilled during charging or from material trapped within the seal area of the door are not considered to be a door leak if the owner or operator demonstrates that the oven is under negative pressure, and that no emissions are visible from the top of the door or from dampers on the door.\n\n(2) Except as provided in paragraphs (c)(2)(i) and (ii) of this section, if a coke oven door leak is observed at any time during the coking cycle, the owner or operator shall take corrective action and stop the leak within 15 minutes from the time the leak is first observed. No additional leaks are allowed from doors on that oven for the remainder of that oven's coking cycle.\n\n(i) Except as provided in paragraph (c)(2)(ii) of this section, the owner or operator may take corrective action and stop the leak within 45 minutes (instead of 15 minutes) from the time the leak is first observed for a maximum of two times per battery in any semiannual reporting period.\n\n(ii) If a worker must enter a cokeside shed to stop a leaking door under the cokeside shed, the owner or operator shall take corrective action and stop the door leak within 45 minutes (instead of 15 minutes) from the time the leak is first observed. The evacuation system and control device for the cokeside shed must be operated at all times there is a leaking door under the cokeside shed.\n\n(d) The owner or operator of a new nonrecovery coke oven battery shall meet the emission limitations and work practice standards in paragraphs (d)(1) through (4) of this section.\n\n(1) The owner or operator shall not discharge or cause to be discharged to the atmosphere from charging operations any fugitive emissions that exhibit an opacity greater than 20 percent, as determined by the procedures in \u00a7 63.309(j).\n\n(2) The owner or operator shall not discharge or cause to be discharged to the atmosphere any emissions of particulate matter (PM) from a charging emissions control device that exceed 0.0081 pounds per ton (lbs/ton) of dry coal charged, as determined by the procedures in \u00a7 63.309(k).\n\n(3) The owner or operator shall observe the exhaust stack of each charging emissions control device at least once each day of operation during charging to determine if visible emissions are present and shall record the results of each daily observation or the reason why conditions did not permit a daily observation. If any visible emissions are observed, the owner or operator must:\n\n(i) Take corrective action to eliminate the presence of visible emissions;\n\n(ii) Record the cause of the problem creating the visible emissions and the corrective action taken;\n\n(iii) Conduct visible emission observations according to the procedures in \u00a7 63.309(m) within 24 hours after detecting the visible emissions; and\n\n(iv) Report any 6-minute average, as determined according to the procedures in \u00a7 63.309(m), that exceeds 10 percent opacity as a deviation in the semiannual compliance report required by \u00a7 63.311(d).\n\n(4) The owner or operator shall develop and implement written procedures for adjusting the oven uptake damper to maximize oven draft during charging and for monitoring the oven damper setting during each charge to ensure that the damper is fully open."], ["40:40:11.0.1.1.1.12.8.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.304 Standards for compliance date extension.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 65 FR 62215, Oct. 17, 2000; 89 FR 55733, July 5, 2024; 90 FR 30004, July 8, 2025; 90 FR 56012, Dec. 5, 2025]", "(a) An owner or operator of an existing coke oven battery (including a cold-idle coke oven battery), a padup rebuild, or a brownfield coke oven battery, may elect an extension of the compliance date for emission limits to be promulgated pursuant to section 112(f) of the Act in accordance with section 112(i)(8). To receive an extension of the compliance date from January 1, 2003, until January 1, 2020, the owner or operator shall notify the Administrator as described in \u00a7 63.311(c) that the battery will comply with the emission limitations and requirements in this section in lieu of the applicable emission limitations in \u00a7 63.302 or 63.303.\n\n(b) Except as provided in paragraphs (b)(4), (b)(5), and (b)(7) of this section and in \u00a7 63.305, on and after the dates specified in this paragraph, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from a by-product coke oven battery that exceed any of the following emission limitations:\n\n(1) On and after November 15, 1993;\n\n(i) 7.0 percent leaking coke oven doors, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(ii) 0.83 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(iii) 4.2 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(iv) 12 seconds of visible emissions per charge, as determined by the procedures in \u00a7 63.309(d)(2).\n\n(2) On and after January 1, 1998;\n\n(i) For coke oven doors:\n\n(A) 4.3 percent leaking coke oven doors for each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(B) 3.8 percent leaking coke oven doors on each by-product coke oven battery not subject to the emission limitation in paragraph (b)(2)(i)(A) of this section, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(ii) 0.4 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(iii) 2.5 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(iv) 12 seconds of visible emissions per charge, as determined by the procedures in \u00a7 63.309(d)(2).\n\n(3) On and after January 1, 2010, unless the Administrator promulgates more stringent limits pursuant to section 112(i)(8)(C) of the Act;\n\n(i) 4.0 percent leaking coke oven doors on each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(ii) 3.3 percent leaking coke oven doors for each by-product coke oven battery not subject to the emission limitation in paragraph (b)(3)(i) of this section, as determined by the procedures in \u00a7 63.309(d)(1).\n\n(4) No owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from a brownfield or padup rebuild by-product coke oven battery, other than those specified in paragraph (b)(4)(v) of this section, that exceed any of the following emission limitations:\n\n(i) For coke oven doors;\n\n(A) 4.0 percent leaking coke oven doors for each tall by-product coke oven battery, as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(B) 3.3 percent leaking coke oven doors on each short by-product coke oven battery, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(ii) 0.4 percent leaking topside port lids, as determined by the procedures in \u00a7 63.309(d)(1);\n\n(iii) 2.5 percent leaking offtake system(s), as determined by the procedures in \u00a7 63.309(d)(1); and\n\n(iv) 12 seconds of visible emissions per charge, as determined by the procedures in \u00a7 63.309(d)(2).\n\n(v) The requirements of paragraph (b)(4) of this section shall not apply and the requirements of paragraphs (b)(1), (b)(2), and (b)(3) of this section do apply to the following brownfield or padup rebuild coke oven batteries:\n\n(A) Bethlehem Steel-Burns Harbor, Battery No. 2;\n\n(B) National Steel-Great Lakes, Battery No. 4; and\n\n(C) Koppers-Woodward, Battery No. 3.\n\n(vi) To retain the exclusion provided in paragraph (b)(4)(v) of this section, a coke oven battery specified in paragraph (b)(4)(v) of this section shall commence construction not later than July 1, 1996, or 1 year after obtaining a construction permit, whichever is earlier.\n\n(5) The owner or operator of a cold-idle coke oven battery that shut down on or after November 15, 1990, shall comply with the following emission limitations:\n\n(i) For a brownfield coke oven battery or a padup rebuild coke oven battery, coke oven emissions shall not exceed the emission limitations in paragraph (b)(4) of this section; and\n\n(ii) For a cold-idle battery other than a brownfield or padup rebuild coke oven battery, coke oven emissions shall not exceed the emission limitations in paragraphs (b)(1) through (b)(3) of this section.\n\n(6) The owner or operator of a cold-idle coke oven battery that shut down prior to November 15, 1990, shall submit a written request to the Administrator to include the battery in the design capacity of a coke plant as of November 15, 1990. A copy of the request shall also be sent to Director, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. The Administrator will review and approve or disapprove a request according to the following procedures:\n\n(i) Requests will be reviewed for completeness in the order received. A complete request shall include:\n\n(A) Battery identification;\n\n(B) Design information, including the design capacity and number and size of ovens; and\n\n(C) A brief description of the owner or operator's plans for the cold-idle battery, including a statement whether construction of a padup rebuild or a brownfield coke oven battery is contemplated.\n\n(ii) A complete request shall be approved if the design capacity of the battery and the design capacity of all previous approvals does not exceed the capacity limit in paragraph (b)(6)(i)(C) of this section.\n\n(iii) The total nationwide coke capacity of coke oven batteries that receive approval under paragraph (b)(6) of this section shall not exceed 2.7 million Mg/yr (3.0 million ton/yr).\n\n(iv) If a construction permit is required, an approval shall lapse if a construction permit is not issued within 3 years of the approval date, or if the construction permit lapses.\n\n(v) If a construction permit is not required, an approval will lapse if the battery is not restarted within 2 years of the approval date.\n\n(7) The owner or operator of a by-product coke oven battery with fewer than 30 ovens may elect to comply with an emission limitation of 2 or fewer leaking coke oven doors, as determined by the procedures in \u00a7 63.309(d)(4), as an alternative to the emission limitation for coke oven doors in paragraphs (b)(2)(i), (b)(3) (i) through (ii), (b)(4)(i), (b)(5), and (b)(6) of this section.\n\n(8) On and after July 7, 2025:\n\n(i) 2.5 percent leaking coke oven doors on each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in \u00a7 63.309(d)(1) for facilities with production capacity greater than 3 million tpy coke or 1.7 percent leaking coke oven doors for each not tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in \u00a7 63.309(d)(1) for facilities with production capacity greater than 3 million tpy coke; and\n\n(ii) 3.8 percent leaking coke oven doors on each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in \u00a7 63.309(d)(1) for facilities with production capacity less than 3 million tpy coke or 3.2 percent leaking coke oven doors for each not tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in \u00a7 63.309(d)(1) for facilities with production capacity less than 3 million tpy coke.\n\n(c) On and after November 15, 1993, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from an existing nonrecovery coke oven battery that exceed any of the emission limitations or requirements in \u00a7 63.303(a).\n\n(d) Each owner or operator of an existing coke oven battery qualifying for a compliance date extension pursuant to this section shall make available, no later than January 1, 2000, to the surrounding communities the results of any risk assessment performed by the Administrator to determine the appropriate level of any emission standard established by the Administrator according to section 112(f) of the Act."], ["40:40:11.0.1.1.1.12.8.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.305 Alternative standards for coke oven doors equipped with sheds.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 89 FR 55734, July 5, 2024]", "(a) The owner or operator of a new or existing coke oven battery equipped with a shed for the capture of coke oven emissions from coke oven doors and an emission control device for the collection of the emissions may comply with an alternative to the applicable visible emission limitations for coke oven doors in \u00a7\u00a7 63.302 and 63.304 according to the procedures and requirements in this section.\n\n(b) To qualify for approval of an alternative standard, the owner or operator shall submit to the Administrator a test plan for the measurement of emissions. A copy of the request shall also be sent to the Director, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. The plan shall describe the procedures to be used for the measurement of particulate matter; the parameters to be measured that affect the shed exhaust rate (e.g., damper settings, fan power) and the procedures for measuring such parameters; and if applicable under paragraph (c)(5)(ii) of this section, the procedures to be used for the measurement of benzene soluble organics, benzene, toluene, and xylene emitted from the control device for the shed. The owner or operator shall notify the Administrator at least 30 days before any performance test is conducted.\n\n(c) A complete test plan is deemed approved if no disapproval is received within 60 days of the submittal to the Administrator. After approval of the test plan, the owner or operator shall;\n\n(1) Determine the efficiency of the control device for removal of particulate matter by conducting measurements at the inlet and the outlet of the emission control device using Method 5 in appendix A to part 60 of this chapter, with the filter box operated at ambient temperature and in a manner to avoid condensation, with a backup filter;\n\n(2) Measure the visible emissions from coke oven doors that escape capture by the shed using Method 22 in appendix A to part 60 of this chapter. For the purpose of approval of an alternative standard, no visible emissions may escape capture from the shed.\n\n(i) Visible emission observations shall be taken during conditions representative of normal operations, except that pushing shall be suspended and pushing emissions shall have cleared the shed; and\n\n(ii) Method 22 observations shall be performed by an observer certified according to the requirements of Method 9 in appendix A to part 60 of this chapter. The observer shall allow pushing emissions to be evacuated (typically 1 to 2 minutes) before making observations;\n\n(3) Measure the opacity of emissions from the control device using Method 9 in appendix A to part 60 of this chapter during conditions representative of normal operations, including pushing; and\n\n(i) If the control device has multiple stacks, the owner or operator shall use an evaluation based on visible emissions and opacity to select the stack with the highest opacity for testing under this section;\n\n(ii) The highest opacity, expressed as a 6-minute average, shall be used as the opacity standard for the control device.\n\n(iii) Alternatively, ASTM D7520-16, (incorporated by reference, see \u00a7 63.14) may be used with the following conditions:\n\n(A) During the digital camera opacity technique (DCOT) certification procedure outlined in section 9.2 of ASTM D7520-16 (incorporated by reference, see \u00a7 63.14), the owner or operator or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand).\n\n(B) The owner or operator must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in section 8.1 of ASTM D7520-16 (incorporated by reference, see \u00a7 63.14).\n\n(C) The owner or operator must follow the recordkeeping procedures outlined in \u00a7 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination.\n\n(D) The owner or operator or the DCOT vendor must have a minimum of four independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of anyone reading and the average error must not exceed 7.5 percent opacity.\n\n(E) Use of this approved alternative does not provide or imply a certification or validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software, and operator in accordance with ASTM D7520-16 (incorporated by reference, see \u00a7 63.14) and these requirements is on the facility, DCOT operator, and DCOT vendor.\n\n(4) Thoroughly inspect all compartments of each air cleaning device prior to the performance test for proper operation and for changes that signal the potential for malfunction, including the presence of tears, holes, and abrasions in filter bags; damaged seals; and for dust deposits on the clean side of bags; and\n\n(5) Determine the allowable percent leaking doors under the shed using either of the following procedures:\n\n(i) Calculate the allowable percent leaking doors using the following equation:\n\nwhere\n \n PLD = Allowable percent leaking doors for alternative standard.\n \n PLD std  = Applicable visible emission limitation of percent leaking doors under this subpart that would otherwise apply to the coke oven battery, converted to the single-run limit according to Table 1.\n \n eff = Percent control efficiency for particulate matter for emission control device as determined according to paragraph (c)(1) of this section.\n\nwhere\n\nPLD = Allowable percent leaking doors for alternative standard.\n\nPLD std  = Applicable visible emission limitation of percent leaking doors under this subpart that would otherwise apply to the coke oven battery, converted to the single-run limit according to Table 1.\n\neff = Percent control efficiency for particulate matter for emission control device as determined according to paragraph (c)(1) of this section.\n\nTable 1\u2014Conversion to Single-Run Limit\n\nor;\n\n(ii) Calculate the allowable percent leaking doors using the following procedures:\n\n(A) Measure the total emission rate of benzene, toluene, and xylene exiting the control device using Method 18 in appendix A-6 to 40 CFR part 60 and the emission rate of benzene soluble organics entering the control device as described in the test plan submitted pursuant to paragraph (b) of this section. The voluntary consensus standard ASTM D6420-18, (incorporated by reference, see \u00a7 63.14) is an acceptable alternative to EPA Method 18 for benzene, toluene, and xylene; or\n\n(B) Measure benzene, toluene, xylene, and benzene soluble organics in the gas in the collector main as described in the test plan submitted pursuant to paragraph (b) of this section; and\n\n(C) Calculate the ratio (R) of benzene, toluene, and xylene to benzene soluble organics for the gas in the collector main, or as the sum of the outlet emission rates of benzene, toluene, and xylene, divided by the emission rate of benzene soluble organics as measured at the inlet to the control device; and\n\n(D) Calculate the allowable percent leaking doors limit under the shed using the following equation:\n\nwhere\n \n R = Ratio of measured emissions of benzene, toluene, and xylene to measured emissions of benzene soluble organics.\n\nwhere\n\nR = Ratio of measured emissions of benzene, toluene, and xylene to measured emissions of benzene soluble organics.\n\n(iii) If the allowable percent leaking coke oven doors is calculated to exceed 15 percent leaking coke oven doors under paragraphs (c)(5)(i) or (c)(5)(ii) of this section, the owner or operator shall use 15 percent leaking coke oven doors for the purposes of this section.\n\n(6) Monitor the parameters that affect the shed exhaust flow rate.\n\n(7) The owner or operator may request alternative sampling procedures to those specified in paragraph (c)(5)(ii) (A) and (B) of this section by submitting details on the procedures and the rationale for their use to the Administrator. Alternative procedures shall not be used without approval from the Administrator.\n\n(8) The owner or operator shall inform the Administrator of the schedule for conducting testing under the approved test plan and give the Administrator the opportunity to observe the tests.\n\n(d) After calculating the alternative standard for allowable percent leaking coke oven doors, the owner or operator shall submit the following information to the Administrator:\n\n(1) Identity of the coke oven battery;\n\n(2) Visible emission limitation(s) for percent leaking doors currently applicable to the coke oven battery under this subpart and known future limitations for percent leaking coke oven doors;\n\n(3) A written report including:\n\n(i) Appropriate measurements and calculations used to derive the allowable percent leaking coke oven doors requested as the alternative standard;\n\n(ii) Appropriate visible emission observations for the shed and opacity observations for the control device for the shed, including an alternative opacity standard, if applicable, as described in paragraph (c)(3) of this section based on the highest 6-minute average; and\n\n(iii) The parameter or parameters (e.g., fan power, damper position, or other) to be monitored and recorded to demonstrate that the exhaust flow rate measured during the test required by paragraph (c)(1) of this section is maintained, and the monitoring plan for such parameter(s).\n\n(iv) If the application is for a new shed, one of the following demonstrations:\n\n(A) A demonstration, using modeling procedures acceptable to the Administrator, that the expected concentrations of particulate emissions (including benzene soluble organics) under the shed at the bench level, when the proposed alternative standard was being met, would not exceed the expected concentrations of particulate emissions (including benzene soluble organics) if the shed were not present, the regulations under this subpart were met, and the battery was in compliance with federally enforceable limitations on pushing emissions; or\n\n(B) A demonstration that the shed (including the evacuation system) has been designed in accordance with generally accepted engineering principles for the effective capture and control of particulate emissions (including benzene soluble organics) as measured at the shed's perimeter, its control device, and at the bench level.\n\n(e) The Administrator will review the information and data submitted according to paragraph (d) of this section and may request additional information and data within 60 days of receipt of a complete request.\n\n(1) Except for applications subject to paragraph (e)(3) of this section, the Administrator shall approve or disapprove an alternative standard as expeditiously as practicable. The Administrator shall approve an alternative standard, unless the Administrator determines that the approved test plan has not been followed, or any required calculations are incorrect, or any demonstration required under paragraph (d)(3)(iv) of this section does not satisfy the applicable criteria under that paragraph. If the alternative standard is disapproved, the Administrator will issue a written notification to the owner or operator within the 60-day period.\n\n(2) The owner or operator shall comply with the applicable visible emission limitation for coke oven doors and all other requirements in this subpart prior to approval of an alternative standard. The owner or operator may apply for an alternative standard at any time after December 4, 1992.\n\n(3) An application for an alternative standard to the standard in \u00a7 63.304(b)(1)(i) for any shed that is not a new shed that is filed on or before June 15, 1993, is deemed approved if a notice of disapproval has not been received 60 days after submission of a complete request. An approval under paragraph (e)(3) of this section shall be valid for a period of 1 year.\n\n(4) Notwithstanding the provisions of paragraph (e) of this section, no alternative standard shall be approved that exceeds 15 percent leaking coke oven doors (yard equivalent).\n\n(f) After approval of an alternative standard, the owner or operator shall comply with the following requirements:\n\n(1) The owner or operator shall not discharge or allow to be discharged to the atmosphere coke oven emissions from coke oven doors under sheds that exceed an approved alternative standard for percent leaking coke oven doors under sheds.\n\n(i) All visible emission observations for compliance determinations shall be performed by a certified observer.\n\n(ii) Compliance with the alternative standard for doors shall be determined by a weekly performance test conducted according to the procedures and requirements in \u00a7 63.309(d)(5) and Method 303 in appendix A to this part.\n\n(iii) If the visible emission limitation is achieved for 12 consecutive observations, compliance shall be determined by monthly rather than weekly performance tests. If any exceedance occurs during a performance test, weekly performance tests shall be resumed.\n\n(iv) Observations taken at times other than those specified in paragraphs (f)(1)(ii) and (f)(1)(iii) of this section shall be subject to the provisions of \u00a7 63.309(f).\n\n(2) The certified observer shall monitor the visible coke oven emissions escaping capture by the shed on a weekly basis. The provision in paragraph (f)(6) of this section is applicable if visible coke oven emissions are observed during periods when pushing emissions have cleared the shed.\n\n(3) The owner or operator shall not discharge or allow to be discharged to the atmosphere any visible emissions from the shed's control device exhibiting more than 0 percent opacity unless an alternative limit has been approved under paragraph (e) of this section.\n\n(4) The opacity of emissions from the control device for the shed shall be monitored in accordance with the requirements of either paragraph (f)(4)(i) or (ii) of this section, at the election of the owner or operator.\n\n(i) The owner or operator shall install, operate, and maintain a continuous opacity monitor, and record the output of the system, for the measurement of the opacity of emissions discharged from the emission control system per \u00a7\u00a7 63.300(e) and 63.8(d)(1) and (2).\n\n(A) Each continuous opacity monitoring system shall meet the requirements of Performance Specification 1 in appendix B to 40 CFR part 60; and\n\n(B) Each continuous opacity monitoring system shall be operated, calibrated, and maintained according to the procedures and requirements specified in 40 CFR part 52; and\n\n(C) The owner or operator shall keep the written procedures required by \u00a7 63.8(d)(1) and (2) 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. The program of corrective action should be included in the plan required under \u00a7 63.8(d)(2); or\n\n(ii) A certified observer shall monitor and record at least once each day during daylight hours, opacity observations for the control device for the shed using Method 9 in appendix A-4 to 40 CFR part 60. Alternatively, ASTM D7520-16, (incorporated by reference, see \u00a7 63.14) may be used with the following conditions:\n\n(A) During the digital camera opacity technique (DCOT) certification procedure outlined in section 9.2 of ASTM D7520-16 (incorporated by reference, see \u00a7 63.14), the owner or operator or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand).\n\n(B) The owner or operator must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in section 8.1 of ASTM D7520-16 (incorporated by reference, see \u00a7 63.14).\n\n(C) The owner or operator must follow the recordkeeping procedures outlined in \u00a7 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination.\n\n(D) The owner or operator or the DCOT vendor must have a minimum of four independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of anyone reading and the average error must not exceed 7.5 percent opacity.\n\n(E) Use of this approved alternative does not provide or imply a certification or validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software, and operator in accordance with ASTM D7520-16 (incorporated by reference, see \u00a7 63.14) and these requirements is on the facility, DCOT operator, and DCOT vendor.\n\n(5) The owner or operator shall visually inspect the structural integrity of the shed at least once a quarter for defects, such as deterioration of sheet metal (e.g., holes in the shed), that may allow the escape of visible emissions.\n\n(i) The owner or operator shall record the time and date a defect is first observed, the time and date the defect is corrected or repaired, and a brief description of repairs or corrective actions taken;\n\n(ii) The owner or operator shall temporarily repair the defect as soon as possible, but no later than 5 days after detection of the defect;\n\n(iii) Unless a major repair is required, the owner or operator shall perform a complete repair of the defect within 15 days of detection of the defect. If a major repair is required (e.g., replacement of large sections of the shed), the owner or operator shall submit a repair schedule to the enforcement agency.\n\n(6) If the no visible emission limit for the shed specified in paragraph (f)(2) of this section is exceeded, the Administrator may require another test for the shed according to the approved test plan as specified in paragraph (c) of this section. If the certified observer observes visible coke oven emissions from the shed, except during periods of pushing or when pushing emissions have not cleared the shed, the owner or operator shall check to ensure that the shed and control device are working properly.\n\n(7) The owner or operator shall monitor the parameter(s) affecting shed exhaust flow rate, and record data, in accordance with the approved monitoring plan for these parameters.\n\n(8) The owner or operator shall not operate the exhaust system of the shed at an exhaust flow rate lower than that measured during the test required under paragraph (c)(1) of this section, as indicated by the monitored parameters.\n\n(g) Each side of a battery subject to an alternative standard for doors under this section shall be treated separately for purposes of \u00a7\u00a7 63.306(c) (plan implementation) and 63.306(d) (plan revisions) of this subpart. In making determinations under these provisions for the side of the battery subject to an alternative standard, the requirement that exceedances be independent shall not apply. During any period when work practices for doors for both sides of the battery are required to be implemented, \u00a7 63.306(a)(3) shall apply in the same manner as if the provisions of a plan for a single emissions point were required to be implemented. Exceedances of the alternative standard for percent leaking doors under a shed is the only provision in this section implicating implementation of work practice requirements.\n\n(h) Multiple exceedances of the visible emission limitation for door leaks and/or the provisions of an alternative standard under this section for door leaks at a battery on a single day shall be considered a single violation."], ["40:40:11.0.1.1.1.12.8.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.306 Work practice standards.", "EPA", "", "", "[58 FR 57911, Oct. 27, 1993, as amended at 68 FR 37345, June 23, 2003]", "(a)  Work practice plan.  On or before November 15, 1993, each owner or operator shall prepare and submit a written emission control work practice plan for each coke oven battery. The plan shall be designed to achieve compliance with visible emission limitations for coke oven doors, topside port lids, offtake systems, and charging operations under this subpart, or, for a coke oven battery not subject to visible emission limitations under this subpart, other federally enforceable visible emission limitations for these emission points.\n\n(1) The work practice plan must address each of the topics specified in paragraph (b) of this section in sufficient detail and with sufficient specificity to allow the reviewing authority to evaluate the plan for completeness and enforceability.\n\n(2) The initial plan and any revisions shall be submitted to the Administrator or the delegated State, local, or Tribal authority. The Administrator (or delegated State, local, or Tribal authority) may require revisions to the initial plan only where the Administrator (or delegated State, local, or Tribal authority) finds either that the plan does not address each subject area listed in paragraph (b) of this section for each emission point subject to a visible emission standard under this subpart, or that the plan in unenforceable because it contains requirements that are unclear.\n\n(3) During any period of time that an owner or operator is required to implement the provisions of a plan for a particular emission point, the failure to implement one or more obligations under the plan and/or any recordkeeping requirement(s) under \u00a7 63.311(f)(4) for the emission point during a particular day is a single violation.\n\n(b)  Plan components.  The owner or operator shall organize the work practice plan to indicate clearly which parts of the plan pertain to each emission point subject to visible emission standards under this subpart. Each of the following provisions, at a minimum, shall be addressed in the plan:\n\n(1) An initial and refresher training program for all coke plant operating personnel with responsibilities that impact emissions, including contractors, in job requirements related to emission control and the requirements of this subpart, including work practice requirements. Contractors with responsibilities that impact emission control may be trained by the owner or operator or by qualified contractor personnel; however, the owner or operator shall ensure that the contractor training program complies with the requirements of this section. The training program in the plan must include:\n\n(i) A list, by job title, of all personnel that are required to be trained and the emission point(s) associated with each job title;\n\n(ii) An outline of the subjects to be covered in the initial and refresher training for each group of personnel;\n\n(iii) A description of the training method(s) that will be used (e.g., lecture, video tape);\n\n(iv) A statement of the duration of initial training and the duration and frequency of refresher training;\n\n(v) A description of the methods to be used at the completion of initial or refresher training to demonstrate and document successful completion of the initial and refresher training; and\n\n(vi) A description of the procedure to be used to document performance of plan requirements pertaining to daily operation of the coke oven battery and its emission control equipment, including a copy of the form to be used, if applicable, as required under the plan provisions implementing paragraph (b)(7) of this section.\n\n(2) Procedures for controlling emissions from coke oven doors on by-product coke oven batteries, including:\n\n(i) A program for the inspection, adjustment, repair, and replacement of coke oven doors and jambs, and any other equipment for controlling emissions from coke oven doors, including a defined frequency of inspections, the method to be used to evaluate conformance with operating specifications for each type of equipment, and the method to be used to audit the effectiveness of the inspection and repair program for preventing exceedances;\n\n(ii) Procedures for identifying leaks that indicate a failure of the emissions control equipment to function properly, including a clearly defined chain of command for communicating information on leaks and procedures for corrective action;\n\n(iii) Procedures for cleaning all sealing surfaces of each door and jamb, including identification of the equipment that will be used and a specified schedule or frequency for the cleaning of sealing surfaces;\n\n(iv) For batteries equipped with self-sealing doors, procedures for use of supplemental gasketing and luting materials, if the owner or operator elects to use such procedures as part of the program to prevent exceedances;\n\n(v) For batteries equipped with hand-luted doors, procedures for luting and reluting, as necessary to prevent exceedances;\n\n(vi) Procedures for maintaining an adequate inventory of the number of spare coke oven doors and jambs located onsite; and\n\n(vii) Procedures for monitoring and controlling collecting main back pressure, including corrective action if pressure control problems occur.\n\n(3) Procedures for controlling emissions from charging operations on by-product coke oven batteries, including:\n\n(i) Procedures for equipment inspection, including the frequency of inspections, and replacement or repair of equipment for controlling emissions from charging, the method to be used to evaluate conformance with operating specifications for each type of equipment, and the method to be used to audit the effectiveness of the inspection and repair program for preventing exceedances;\n\n(ii) Procedures for ensuring that the larry car hoppers are filled properly with coal;\n\n(iii) Procedures for the alignment of the larry car over the oven to be charged;\n\n(iv) Procedures for filling the oven (e.g., procedures for staged or sequential charging);\n\n(v) Procedures for ensuring that the coal is leveled properly in the oven; and\n\n(vi) Procedures and schedules for inspection and cleaning of offtake systems (including standpipes, standpipe caps, goosenecks, dampers, and mains), oven roofs, charging holes, topside port lids, the steam supply system, and liquor sprays.\n\n(4) Procedures for controlling emissions from topside port lids on by-product coke oven batteries, including:\n\n(i) Procedures for equipment inspection and replacement or repair of topside port lids and port lid mating and sealing surfaces, including the frequency of inspections, the method to be used to evaluate conformance with operating specifications for each type of equipment, and the method to be used to audit the effectiveness of the inspection and repair program for preventing exceedances; and\n\n(ii) Procedures for sealing topside port lids after charging, for identifying topside port lids that leak, and procedures for resealing.\n\n(5) Procedures for controlling emissions from offtake system(s) on by-product coke oven batteries, including:\n\n(i) Procedures for equipment inspection and replacement or repair of offtake system components, including the frequency of inspections, the method to be used to evaluate conformance with operating specifications for each type of equipment, and the method to be used to audit the effectiveness of the inspection and repair program for preventing exceedances;\n\n(ii) Procedures for identifying offtake system components that leak and procedures for sealing leaks that are detected; and\n\n(iii) Procedures for dampering off ovens prior to a push.\n\n(6) Procedures for controlling emissions from nonrecovery coke oven batteries including:\n\n(i) Procedures for charging coal into the oven, including any special procedures for minimizing air infiltration during charging, maximizing the draft on the oven, and for replacing the door promptly after charging;\n\n(ii) If applicable, procedures for the capture and control of charging emissions;\n\n(iii) Procedures for cleaning coke from the door sill area for both sides of the battery after completing the pushing operation and before replacing the coke oven door;\n\n(iv) Procedures for cleaning coal from the door sill area after charging and before replacing the push side door;\n\n(v) Procedures for filling gaps around the door perimeter with sealant material, if applicable; and\n\n(vi) Procedures for detecting and controlling emissions from smoldering coal.\n\n(7) Procedures for maintaining, for each emission point subject to visible emission limitations under this subpart, a daily record of the performance of plan requirements pertaining to the daily operation of the coke oven battery and its emission control equipment, including:\n\n(i) Procedures for recording the performance of such plan requirements; and\n\n(ii) Procedures for certifying the accuracy of such records by the owner or operator.\n\n(8) Any additional work practices or requirements specified by the Administrator according to paragraph (d) of this section.\n\n(c)  Implementation of work practice plans.  On and after November 15, 1993, the owner or operator of a coke oven battery shall implement the provisions of the coke oven emission control work practice plan according to the following requirements:\n\n(1) The owner or operator of a coke oven battery subject to visible emission limitations under this subpart on and after November 15, 1993, shall:\n\n(i) Implement the provisions of the work practice plan pertaining to a particular emission point following the second independent exceedance of the visible emission limitation for the emission point in any consecutive 6-month period, by no later than 3 days after receipt of written notification of the second such exceedance from the certified observer. For the purpose of this paragraph (c)(1)(i), the second exceedance is \u201cindependent\u201d if either of the following criteria is met:\n\n(A) The second exceedance occurs 30 days or more after the first exceedance;\n\n(B) In the case of coke oven doors, topside port lids, and offtake systems, the 29-run average, calculated by excluding the highest value in the 30-day period, exceeds the value of the applicable emission limitation; or\n\n(C) In the case of charging emissions, the 29-day logarithmic average, calculated in accordance with Method 303 in appendix A to this part by excluding the valid daily set of observations in the 30-day period that had the highest arithmetic average, exceeds the value of the applicable emission limitation.\n\n(ii) Continue to implement such plan provisions until the visible emission limitation for the emission point is achieved for 90 consecutive days if work practice requirements are implemented pursuant to paragraph (c)(1)(i) of this section. After the visible emission limitation for a particular emission point is achieved for 90 consecutive days, any exceedances prior to the beginning of the 90 days are not included in making a determination under paragraph (c)(1)(i) of this section.\n\n(2) The owner or operator of a coke oven battery not subject to visible emission limitations under this subpart until December 31, 1995, shall:\n\n(i) Implement the provisions of the work practice plan pertaining to a particular emission point following the second exceedance in any consecutive 6-month period of a federally enforceable emission limitation for that emission point for coke oven doors, topside port lids, offtake systems, or charging operations by no later than 3 days after receipt of written notification from the applicable enforcement agency; and\n\n(ii) Continue to implement such plan provisions for 90 consecutive days after the most recent written notification from the enforcement agency of an exceedance of the visible emission limitation.\n\n(d)  Revisions to plan.  Revisions to the work practice emission control plan will be governed by the provisions in this paragraph (d) and in paragraph (a)(2) of this section. The reviewing authority is the Administrator or the delegated State, local, or Tribal authority.\n\n(1) The reviewing authority may request the owner or operator to review and revise as needed the work practice emission control plan for a particular emission point if there are 2 exceedances of the applicable visible emission limitation in the 6-month period that starts 30 days after the owner or operator is required to implement work practices under paragraph (c) of this section. In the case of a coke oven battery subject to visual emission limitations under this subpart, the second exceedance must be independent of the criteria in paragraph (c)(1)(i) of this section.\n\n(2) The reviewing authority may not request the owner or operator to review and revise the plan more than twice in any 12 consecutive month period for any particular emission point unless the reviewing authority disapproves the plan according to the provisions in paragraph (d)(6) of this section.\n\n(3) If the certified observer calculates that a second exceedance (or, if applicable, a second independent exceedance) has occurred, the certified observer shall notify the owner or operator. No later than 10 days after receipt of such a notification, the owner or operator shall notify the reviewing authority of any finding of whether work practices are related to the cause or the solution of the problem. The notification is subject to review by the reviewing authority according to the provisions in paragraph (d)(6) of this section.\n\n(4) The owner or operator shall submit a revised work practice plan within 60 days of notification from the reviewing authority under paragraph (d)(1) of this section, unless the reviewing authority grants an extension of time to submit the revised plan.\n\n(5) If the reviewing authority requires a plan revision, the reviewing authority may require the plan to address a subject area or areas in addition to those in paragraph (b) of this section, if the reviewing authority determines that without plan coverage of such an additional subject area, there is a reasonable probability of further exceedances of the visible emission limitation for the emission point for which a plan revision is required.\n\n(6) The reviewing authority may disapprove a plan revision required under paragraph (d) of this section if the reviewing authority determines that the revised plan is inadequate to prevent exceedances of the visible emission limitation under this subpart for the emission point for which a plan revision is required or, in the case of a battery not subject to visual emission limitations under this subpart, other federally enforceable emission limitations for such emission point. The reviewing authority may also disapprove the finding that may be submitted pursuant to paragraph (d)(3) of this section if the reviewing authority determines that a revised plan is needed to prevent exceedances of the applicable visible emission limitations."], ["40:40:11.0.1.1.1.12.8.8", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.307 Standards for bypass/bleeder stacks.", "EPA", "", "", "", "(a)(1) Except as otherwise provided in this section, on or before March 31, 1994, the owner or operator of an existing by-product recovery battery for which a notification was not submitted under paragraph (e)(1) of this section shall install a bypass/bleeder stack flare system that is capable of controlling 120 percent of the normal gas flow generated by the battery, which shall thereafter be operated and maintained.\n\n(2) Coke oven emissions shall not be vented to the atmosphere through bypass/bleeder stacks, except through the flare system or the alternative control device as described in paragraph (d) of this section.\n\n(3) The owner or operator of a brownfield coke oven battery or a padup rebuild shall install such a flare system before startup, and shall properly operate and maintain the flare system.\n\n(b) Each flare installed pursuant to this section shall meet the following requirements:\n\n(1) Each flare shall be designed for a net heating value of 8.9 MJ/scm (240 Btu/scf) if a flare is steam-assisted or air-assisted, or a net value of 7.45 MJ/scm (200 Btu/scf) if the flare is non-assisted.\n\n(2) Each flare shall have either a continuously operable pilot flame or an electronic igniter that meets the requirements of paragraphs (b)(3) and (b)(4) of this section.\n\n(3) Each electronic igniter shall meet the following requirements:\n\n(i) Each flare shall be equipped with at least two igniter plugs with redundant igniter transformers;\n\n(ii) The ignition units shall be designed failsafe with respect to flame detection thermocouples (i.e., any flame detection thermocouples are used only to indicate the presence of a flame, are not interlocked with the ignition unit, and cannot deactivate the ignition system); and\n\n(iii) Integral battery backup shall be provided to maintain active ignition operation for a minimum of 15 minutes during a power failure.\n\n(iv) Each electronic igniter shall be operated to initiate ignition when the bleeder valve is not fully closed as indicated by an \u201cOPEN\u201d limit switch.\n\n(4) Each flare installed to meet the requirements of this paragraph (b) that does not have an electronic igniter shall be operated with a pilot flame present at all times as determined by \u00a7 63.309(h)(2).\n\n(c) Each flare installed to meet the requirements of this section shall be operated with no visible emissions, as determined by the methods specified in \u00a7 63.309(h)(1), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.\n\n(d) As an alternative to the installation, operation, and maintenance of a flare system as required in paragraph (a) of this section, the owner or operator may petition the Administrator for approval of an alternative control device or system that achieves at least 98 percent destruction or control of coke oven emissions vented to the alternative control device or system.\n\n(e) The owner or operator of a by-product coke oven battery is exempt from the requirements of this section if the owner or operator:\n\n(1) Submits to the Administrator, no later than November 10, 1993, a formal commitment to close the battery permanently; and\n\n(2) Closes the battery permanently no later than December 31, 1995. In no case may the owner or operator continue to operate a battery for which a closure commitment is submitted, past December 31, 1995.\n\n(f) Any emissions resulting from the installation of flares (or other pollution control devices or systems approved pursuant to paragraph (d) of this section) shall not be used in making new source review determinations under part C and part D of title I of the Act."], ["40:40:11.0.1.1.1.12.8.9", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "L", "Subpart L\u2014National Emission Standards for Coke Oven Batteries", "", "\u00a7 63.308 Standards for collecting mains.", "EPA", "", "", "", "(a) On and after November 15, 1993, the owner or operator of a by-product coke oven battery shall inspect the collecting main for leaks at least once daily according to the procedures in Method 303 in appendix A to this part.\n\n(b) The owner or operator shall record the time and date a leak is first observed, the time and date the leak is temporarily sealed, and the time and date of repair.\n\n(c) The owner or operator shall temporarily seal any leak in the collecting main as soon as possible after detection, but no later than 4 hours after detection of the leak.\n\n(d) The owner or operator shall initiate a collecting main repair as expeditiously as possible, but no later than 5 calendar days after initial detection of the leak. The repair shall be completed within 15 calendar days after initial detection of the leak unless an alternative schedule is approved by the Administrator."], ["40:40:11.0.1.1.1.13.8.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "M", "Subpart M\u2014National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities", "", "\u00a7 63.320 Applicability.", "EPA", "", "", "[58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993; 61 FR 27788, June 3, 1996; 61 FR 49265, Sept. 19, 1996; 64 FR 69643, Dec. 14, 1999; 70 FR 75345, Dec. 19, 2005; 71 FR 42743, July 27, 2006; 73 FR 39874, July 11, 2008]", "(a) The provisions of this subpart apply to the owner or operator of each dry cleaning facility that uses perchloroethylene.\n\n(b) The compliance date for a new dry cleaning system depends on the date that construction or reconstruction commences.\n\n(1) Each dry cleaning system that commences construction or reconstruction on or after December 9, 1991 and before December 21, 2005, shall be in compliance with the provisions of this subpart except \u00a7 63.322(o) beginning on September 22, 1993 or immediately upon startup, whichever is later, except for dry cleaning systems complying with section 112(i)(2) of the Clean Air Act; and shall be in compliance with the provisions of \u00a7 63.322(o) beginning on July 28, 2008, except as provided by \u00a7 63.6(b)(4), as applicable.\n\n(2)(i) Each dry cleaning system that commences construction or reconstruction on or after December 21, 2005 shall be in compliance with the provisions of this subpart, except \u00a7 63.322(o), immediately upon startup; and shall be in compliance with the provisions of \u00a7 63.322(o) beginning on July 27, 2006 or immediately upon startup, whichever is later.\n\n(ii) Each dry cleaning system that commences construction or reconstruction on or after December 21, 2005, but before July 13, 2006, and is located in a building with a residence, shall be in compliance with the provisions of this subpart, except \u00a7 63.322(o), immediately upon startup; shall be in compliance with the provisions of \u00a7 63.322(o)(5)(ii) beginning on July 27, 2006; and shall be in compliance with the provisions of \u00a7 63.322(o)(5)(i) beginning on July 27, 2009.\n\n(3) Each dry cleaning system that commences construction or reconstruction on or after July 27, 2006, shall be in compliance with the provisions of this subpart, including \u00a7 63.322(o), immediately upon startup.\n\n(c) Each dry cleaning system that commenced construction or reconstruction before December 9, 1991, and each new transfer machine system and its ancillary equipment that commenced construction or reconstruction on or after December 9, 1991 and before September 22, 1993, shall comply with \u00a7\u00a7 63.322(c), (d), (i), (j), (k), (l), and (m); 63.323(d); and 63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) beginning on December 20, 1993, and shall comply with other provisions of this subpart except \u00a7 63.322(o) by September 23, 1996; and shall comply with \u00a7 63.322(o) by July 28, 2008.\n\n(d) Each existing dry-to-dry machine and its ancillary equipment located in a dry cleaning facility that includes only dry-to-dry machines, and each existing transfer machine system and its ancillary equipment, and each new transfer machine system and its ancillary equipment installed between December 9, 1991, and September 22, 1993, as well as each existing dry-to-dry machine and its ancillary equipment, located in a dry cleaning facility that includes both transfer machine system(s) and dry-to-dry machine(s) is exempt from \u00a7\u00a7 63.322, 63.323, and 63.324, except \u00a7\u00a7 63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), (o)(3), (o)(4) and (o)(5)(i); 63.323(d); and 63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the total PCE consumption of the dry cleaning facility is less than 530 liters (140 gallons) per year. Consumption is determined according to \u00a7 63.323(d).\n\n(e) Each existing transfer machine system and its ancillary equipment, and each new transfer machine system and its ancillary equipment installed between December 9, 1991, and September 22, 1993, located in a dry cleaning facility that includes only transfer machine system(s), is exempt from \u00a7\u00a7 63.322, 63.323, and 63.324, except \u00a7\u00a7 63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), (o)(3) and (o)(4); 63.323(d); and 63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the PCE consumption of the dry cleaning facility is less than 760 liters (200 gallons) per year. Consumption is determined according to \u00a7 63.323(d).\n\n(f) If the total yearly perchloroethylene consumption of a dry cleaning facility determined according to \u00a7 63.323(d) is initially less than the amounts specified in paragraph (d) or (e) of this section, but later exceeds those amounts, the existing dry cleaning system(s) and new transfer machine system(s) and its (their) ancillary equipment installed between December 9, 1991 and September 22, 1993 in the dry cleaning facility must comply with \u00a7 63.322, \u00a7 63.323, and \u00a7 63.324 by 180 calendar days from the date that the facility determines it has exceeded the amounts specified, or by September 23, 1996, whichever is later.\n\n(g) A dry cleaning facility is a major source if the facility emits or has the potential to emit more than 9.1 megagrams per year (10 tons per year) of perchloroethylene to the atmosphere. In lieu of measuring a facility's potential to emit perchloroethylene emissions or determining a facility's potential to emit perchloroethylene emissions, a dry cleaning facility is a major source if:\n\n(1) It includes only dry-to-dry machine(s) and has a total yearly perchloroethylene consumption greater than 8,000 liters (2,100 gallons) as determined according to \u00a7 63.323(d); or\n\n(2) It includes only transfer machine system(s) or both dry-to-dry machine(s) and transfer machine system(s) and has a total yearly perchloroethylene consumption greater than 6,800 liters (1,800 gallons) as determined according to \u00a7 63.323(d).\n\n(h) A dry cleaning facility is an area source if it does not meet the conditions of paragraph (g) of this section.\n\n(i) If the total yearly perchloroethylene consumption of a dry cleaning facility determined according to \u00a7 63.323(d) is initially less than the amounts specified in paragraph (g) of this section, but then exceeds those amounts, the dry cleaning facility becomes a major source and all dry cleaning systems located at that dry cleaning facility must comply with the appropriate requirements for major sources under \u00a7\u00a7 63.322, 63.323, and 63.324 by 180 calendar days from the date that the facility determines it has exceeded the amount specified, or by September 23, 1996, whichever is later.\n\n(j) All coin-operated dry cleaning machines are exempt from the requirements of this subpart.\n\n(k) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources."], ["40:40:11.0.1.1.1.13.8.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "M", "Subpart M\u2014National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities", "", "\u00a7 63.321 Definitions.", "EPA", "", "", "[58 FR 49376, Sept. 22, 1993, as amended at 71 FR 42744, July 27, 2006]", "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).\n\nAncillary equipment  means the equipment used with a dry cleaning machine in a dry cleaning system including, but not limited to, emission control devices, pumps, filters, muck cookers, stills, solvent tanks, solvent containers, water separators, exhaust dampers, diverter valves, interconnecting piping, hoses, and ducts.\n\nArea source  means any perchloroethylene dry cleaning facility that meets the conditions of \u00a7 63.320(h).\n\nArticles  mean clothing, garments, textiles, fabrics, leather goods, and the like, that are dry cleaned.\n\nBiweekly  means any 14-day period of time.\n\nCarbon adsorber  means a bed of activated carbon into which an air-perchloroethylene gas-vapor stream is routed and which adsorbs the perchloroethylene on the carbon.\n\nCoin-operated dry cleaning machine  means a dry cleaning machine that is operated by the customer (that is, the customer places articles into the machine, turns the machine on, and removes articles from the machine).\n\nColorimetric detector tube  means a glass tube (sealed prior to use), containing material impregnated with a chemical that is sensitive to perchloroethylene and is designed to measure the concentration of perchloroethylene in air.\n\nConstruction,  for purposes of this subpart, means the fabrication (onsite), erection, or installation of a dry cleaning system subject to this subpart.\n\nDesorption  means regeneration of a carbon adsorber by removal of the perchloroethylene adsorbed on the carbon.\n\nDiverter valve  means a flow control device that prevents room air from passing through a refrigerated condenser when the door of the dry cleaning machine is open.\n\nDry cleaning  means the process of cleaning articles using perchloroethylene.\n\nDry cleaning cycle  means the washing and drying of articles in a dry-to-dry machine or transfer machine system.\n\nDry cleaning facility  means an establishment with one or more dry cleaning systems.\n\nDry cleaning machine  means a dry-to-dry machine or each machine of a transfer machine system.\n\nDry cleaning machine drum  means the perforated container inside the dry cleaning machine that holds the articles during dry cleaning.\n\nDry cleaning system  means a dry-to-dry machine and its ancillary equipment or a transfer machine system and its ancillary equipment.\n\nDryer  means a machine used to remove perchloroethylene from articles by tumbling them in a heated air stream (see reclaimer).\n\nDry-to-dry machine  means a one-machine dry cleaning operation in which washing and drying are performed in the same machine.\n\nExhaust damper  means a flow control device that prevents the air-perchloroethylene gas-vapor stream from exiting the dry cleaning machine into a carbon adsorber before room air is drawn into the dry cleaning machine.\n\nExisting  means commenced construction or reconstruction before December 9, 1991.\n\nFilter  means a porous device through which PCE is passed to remove contaminants in suspension. Examples include, but are not limited to, lint filter, button trap, cartridge filter, tubular filter, regenerative filter, prefilter, polishing filter, and spin disc filter.\n\nHalogenated hydrocarbon detector  means a portable device capable of detecting vapor concentrations of PCE of 25 parts per million by volume and indicating a concentration of 25 parts per million by volume or greater by emitting an audible or visual signal that varies as the concentration changes.\n\nHeating coil  means the device used to heat the air stream circulated from the dry cleaning machine drum, after perchloroethylene has been condensed from the air stream and before the stream reenters the dry cleaning machine drum.\n\nMajor source  means any dry cleaning facility that meets the conditions of \u00a7 63.320(g).\n\nMuck cooker  means a device for heating perchloroethylene-laden waste material to volatilize and recover perchloroethylene.\n\nNew  means commenced construction or reconstruction on or after December 9, 1991.\n\nPCE gas analyzer  means a flame ionization detector, photoionization detector, or infrared analyzer capable of detecting vapor concentrations of PCE of 25 parts per million by volume.\n\nPerceptible leaks  mean any perchloroethylene vapor or liquid leaks that are obvious from:\n\n(1) The odor of perchloroethylene;\n\n(2) Visual observation, such as pools or droplets of liquid; or\n\n(3) The detection of gas flow by passing the fingers over the surface of equipment.\n\nPerchloroethylene consumption  means the total volume of perchloroethylene purchased based upon purchase receipts or other reliable measures.\n\nReclaimer  means a machine used to remove perchloroethylene from articles by tumbling them in a heated air stream (see dryer).\n\nReconstruction,  for purposes of this subpart, means replacement of a washer, dryer, or reclaimer; or replacement of any components of a dry cleaning system to such an extent that 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.\n\nRefrigerated condenser  means a vapor recovery system into which an air-perchloroethylene gas-vapor stream is routed and the perchloroethylene is condensed by cooling the gas-vapor stream.\n\nRefrigerated condenser coil  means the coil containing the chilled liquid used to cool and condense the perchloroethylene.\n\nResidence  means any dwelling or housing in which people reside excluding short-term housing that is occupied by the same person for a period of less than 180 days (such as a hotel room).\n\nResponsible official  means one of the following:\n\n(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 dry cleaning facilities;\n\n(2) For a partnership: A general partner;\n\n(3) For a sole proprietorship: The owner; or\n\n(4) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking official.\n\nRoom enclosure  means a stationary structure that encloses a transfer machine system, and is vented to a carbon adsorber or an equivalent control device during operation of the transfer machine system.\n\nSource,  for purposes of this subpart, means each dry cleaning system.\n\nStill  means any device used to volatilize and recover perchloroethylene from contaminated perchloroethylene.\n\nTemperature sensor  means a thermometer or thermocouple used to measure temperature.\n\nTransfer machine system  means a multiple-machine dry cleaning operation in which washing and drying are performed in different machines. Examples include, but are not limited to:\n\n(1) A washer and dryer(s);\n\n(2) A washer and reclaimer(s); or\n\n(3) A dry-to-dry machine and reclaimer(s).\n\nVapor barrier enclosure  means a room that encloses a dry cleaning system and is constructed of vapor barrier material that is impermeable to perchloroethylene. The enclosure shall be equipped with a ventilation system that exhausts outside the building and is completely separate from the ventilation system for any other area of the building. The exhaust system shall be designed and operated to maintain negative pressure and a ventilation rate of at least one air change per five minutes. The vapor barrier enclosure shall be constructed of glass, plexiglass, polyvinyl chloride, PVC sheet 22 mil thick (0.022 in.), sheet metal, metal foil face composite board, or other materials that are impermeable to perchloroethylene vapor. The enclosure shall be constructed so that all joints and seams are sealed except for inlet make-up air and exhaust openings and the entry door.\n\nVapor leak  means a PCE vapor concentration exceeding 25 parts per million by volume (50 parts per million by volume as methane) as indicated by a halogenated hydrocarbon detector or PCE gas analyzer.\n\nWasher  means a machine used to clean articles by immersing them in perchloroethylene. This includes a dry-to-dry machine when used with a reclaimer.\n\nWater separator  means any device used to recover perchloroethylene from a water-perchloroethylene mixture.\n\nYear  or  Yearly  means any consecutive 12-month period of time."], ["40:40:11.0.1.1.1.13.8.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "M", "Subpart M\u2014National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities", "", "\u00a7 63.322 Standards.", "EPA", "", "", "[58 FR 49376, Sept. 22, 1993, as amended at 61 FR 49265, Sept. 19, 1996; 71 FR 42744, July 27, 2006]", "(a) The owner or operator of each existing dry cleaning system and of each new transfer machine system and its ancillary equipment installed between December 9, 1991 and September 22, 1993 shall comply with either paragraph (a)(1) or (a)(2) of this section and shall comply with paragraph (a)(3) of this section if applicable.\n\n(1) Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser or an equivalent control device.\n\n(2) Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a carbon adsorber installed on the dry cleaning machine prior to September 22, 1993.\n\n(3) Contain the dry cleaning machine inside a room enclosure if the dry cleaning machine is a transfer machine system located at a major source. Each room enclosure shall be:\n\n(i) Constructed of materials impermeable to perchloroethylene; and\n\n(ii) Designed and operated to maintain a negative pressure at each opening at all times that the machine is operating.\n\n(b) The owner or operator of each new dry-to-dry machine and its ancillary equipment and of each new transfer machine system and its ancillary equipment installed after September 22, 1993:\n\n(1) Shall route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser or an equivalent control device;\n\n(2) Shall eliminate any emission of perchloroethylene during the transfer of articles between the washer and dryer(s); and\n\n(3) Shall pass the air-perchloroethylene gas-vapor stream from inside the dry cleaning machine drum through a carbon adsorber or equivalent control device immediately before or as the door of the dry cleaning machine is opened if the dry cleaning machine is located at a major source.\n\n(c) The owner or operator shall close the door of each dry cleaning machine immediately after transferring articles to or from the machine, and shall keep the door closed at all other times.\n\n(d) The owner or operator of each dry cleaning system shall operate and maintain the system according to the manufacturers' specifications and recommendations.\n\n(e) Each refrigerated condenser used for the purposes of complying with paragraph (a) or (b) of this section and installed on a dry-to-dry machine, dryer, or reclaimer:\n\n(1) Shall be operated to not vent or release the air-perchloroethylene gas-vapor stream contained within the dry cleaning machine to the atmosphere while the dry cleaning machine drum is rotating;\n\n(2) Shall be monitored according to \u00a7 63.323(a)(1); and\n\n(3) Shall prevent air drawn into the dry cleaning machine when the door of the machine is open from passing through the refrigerated condenser.\n\n(f) Each refrigerated condenser used for the purpose of complying with paragraph (a) of this section and installed on a washer:\n\n(1) Shall be operated to not vent the air-perchloroethylene gas-vapor contained within the washer to the atmosphere until the washer door is opened;\n\n(2) Shall be monitored according to \u00a7 63.323(a)(2); and\n\n(3) Shall not use the same refrigerated condenser coil for the washer that is used by a dry-to-dry machine, dryer, or reclaimer.\n\n(g) Each carbon adsorber used for the purposes of complying with paragraph (a) or (b) of this section:\n\n(1) Shall not be bypassed to vent or release any air-perchloroethylene gas-vapor stream to the atmosphere at any time; and\n\n(2) Shall be monitored according to the applicable requirements in \u00a7 63.323 (b) or (c).\n\n(h) Each room enclosure used for the purposes of complying with paragraph (a)(3) of this section:\n\n(1) Shall be operated to vent all air from the room enclosure through a carbon adsorber or an equivalent control device; and\n\n(2) Shall be equipped with a carbon adsorber that is not the same carbon adsorber used to comply with paragraph (a)(2) or (b)(3) of this section.\n\n(i) The owner or operator of an affected facility shall drain all cartridge filters in their housing, or other sealed container, for a minimum of 24 hours, or shall treat such filters in an equivalent manner, before removal from the dry cleaning facility.\n\n(j) The owner or operator of an affected facility shall store all PCE and wastes that contain PCE in solvent tanks or solvent containers with no perceptible leaks. The exception to this requirement is that containers for separator water may be uncovered, as necessary, for proper operation of the machine and still.\n\n(k) The owner or operator of a dry cleaning system shall inspect the system weekly for perceptible leaks while the dry cleaning system is operating. Inspection with a halogenated hydrocarbon detector or PCE gas analyzer also fulfills the requirement for inspection for perceptible leaks. The following components shall be inspected:\n\n(1) Hose and pipe connections, fittings, couplings, and valves;\n\n(2) Door gaskets and seatings;\n\n(3) Filter gaskets and seatings;\n\n(4) Pumps;\n\n(5) Solvent tanks and containers;\n\n(6) Water separators;\n\n(7) Muck cookers;\n\n(8) Stills;\n\n(9) Exhaust dampers;\n\n(10) Diverter valves; and\n\n(11) All Filter housings.\n\n(l) The owner or operator of a dry cleaning facility with a total facility consumption below the applicable consumption levels of \u00a7 63.320(d) or (e) shall inspect the components listed in paragraph (k) of this section biweekly for perceptible leaks while the dry cleaning system is operating.\n\n(m) The owner or operator of a dry cleaning system shall repair all leaks detected under paragraph (k) or (o)(1) of this section within 24 hours. If repair parts must be ordered, either a written or verbal order for those parts shall be initiated within 2 working days of detecting such a leak. Such repair parts shall be installed within 5 working days after receipt.\n\n(n) If parameter values monitored under paragraphs (e), (f), or (g) of this section do not meet the values specified in \u00a7 63.323(a), (b), or (c), adjustments or repairs shall be made to the dry cleaning system or control device to meet those values. If repair parts must be ordered, either a written or verbal order for such parts shall be initiated within 2 working days of detecting such a parameter value. Such repair parts shall be installed within 5 working days after receipt.\n\n(o) Additional requirements:\n\n(1) The owner or operator of a dry cleaning system shall inspect the components listed in paragraph (k) of this section for vapor leaks monthly while the component is in operation.\n\n(i) Area sources shall conduct the inspections using a halogenated hydrocarbon detector or PCE gas analyzer that is operated according to the manufacturer's instructions. The operator shall place the probe inlet at the surface of each component interface where leakage could occur and move it slowly along the interface periphery.\n\n(ii) Major sources shall conduct the inspections using a PCE gas analyzer operated according to EPA Method 21.\n\n(iii) Any inspection conducted according to this paragraph shall satisfy the requirements to conduct an inspection for perceptible leaks under \u00a7 63.322(k) or (l) of this subpart.\n\n(2) The owner or operator of each dry cleaning system installed after December 21, 2005, at an area source shall route the air-PCE gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-PCE gas-vapor stream from inside the dry cleaning machine drum through a non-vented carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon adsorber must be desorbed in accordance with manufacturer's instructions.\n\n(3) The owner or operator of any dry cleaning system shall eliminate any emission of PCE during the transfer of articles between the washer and the dryer(s) or reclaimer(s).\n\n(4) The owner or operator shall eliminate any emission of PCE from any dry cleaning system that is installed (including relocation of a used machine) after December 21, 2005, and that is located in a building with a residence.\n\n(5)(i) After December 21, 2020, the owner or operator shall eliminate any emission of PCE from any dry cleaning system that is located in a building with a residence.\n\n(ii) Sources demonstrating compliance under Section 63.320(b)(2)(ii) shall comply with paragraph (o)(5)(ii)(A) through (C), in addition to the other applicable requirements of this section:\n\n(A) Operate the dry cleaning system inside a vapor barrier enclosure. The exhaust system for the enclosure shall be operated at all times that the dry cleaning system is in operation and during maintenance. The entry door to the enclosure may be open only when a person is entering or exiting the enclosure.\n\n(B) Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-perchloroethylene gas-vapor stream from inside the dry cleaning drum through a carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon adsorber must be desorbed in accordance with manufacturer's instructions.\n\n(C) Inspect the machine components listed in paragraph (k) of this section for vapor leaks weekly while the component is in operation. These inspections shall be conducted using a halogenated hydrocarbon detector or PCE gas analyzer that is operated according to the manufacturer's instructions. The operator shall place the probe inlet at the surface of each component interface where leakage could occur and move it slowly along the interface periphery."], ["40:40:11.0.1.1.1.13.8.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "M", "Subpart M\u2014National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities", "", "\u00a7 63.323 Test methods and monitoring.", "EPA", "", "", "[58 FR 49376, Sept. 22, 1993, as amended at 71 FR 42745, July 27, 2006; 71 FR 55280, Sept. 21, 2006; 73 FR 39874, July 11, 2008]", "(a) When a refrigerated condenser is used to comply with \u00a7 63.322(a)(1) or (b)(1):\n\n(1) The owner or operator shall monitor on a weekly basis the parameters in either paragraph (a)(1)(i) or (ii) of this section.\n\n(i) The refrigeration system high pressure and low pressure during the drying phase to determine if they are in the range specified in the manufacturer's operating instructions.\n\n(ii) The temperature of the air-perchloroethylene gas-vapor stream on the outlet side of the refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer with a temperature sensor to determine if it is equal to or less than 7.2 \u00b0C (45 \u00b0F) before the end of the cool-down or drying cycle while the gas-vapor stream is flowing through the condenser. The temperature sensor shall be used according to the manufacturer's instructions and shall be designed to measure a temperature of 7.2 \u00b0C (45 \u00b0F) to an accuracy of \u00b11.1 \u00b0C (\u00b12 \u00b0F).\n\n(2) The owner or operator shall calculate the difference between the temperature of the air-perchloroethylene gas-vapor stream entering the refrigerated condenser on a washer and the temperature of the air-perchloroethylene gas-vapor stream exiting the refrigerated condenser on the washer weekly to determine that the difference is greater than or equal to 11.1 \u00b0C (20 \u00b0F).\n\n(i) Measurements of the inlet and outlet streams shall be made with a temperature sensor. Each temperature sensor shall be used according to the manufacturer's instructions, and designed to measure at least a temperature range from 0 \u00b0C (32 \u00b0F) to 48.9 \u00b0C (120 \u00b0F) to an accuracy of \u00b11.1 \u00b0C (\u00b12 \u00b0F).\n\n(ii) The difference between the inlet and outlet temperatures shall be calculated weekly from the measured values.\n\n(b) When a carbon adsorber is used to comply with \u00a7 63.322(a)(2) or exhaust is passed through a carbon adsorber immediately upon machine door opening to comply with \u00a7 63.322(b)(3), the owner or operator shall measure the concentration of PCE in the exhaust of the carbon adsorber weekly with a colorimetric detector tube or PCE gas analyzer. The measurement shall be taken while the dry cleaning machine is venting to that carbon adsorber at the end of the last dry cleaning cycle prior to desorption of that carbon adsorber or removal of the activated carbon to determine that the PCE concentration in the exhaust is equal to or less than 100 parts per million by volume. The owner or operator shall:\n\n(1) Use a colorimetric detector tube or PCE gas analyzer designed to measure a concentration of 100 parts per million by volume of PCE in air to an accuracy of \u00b125 parts per million by volume; and\n\n(2) Use the colorimetric detector tube or PCE gas analyzer according to the manufacturer's instructions; and\n\n(3) Provide a sampling port for monitoring within the exhaust outlet of the carbon adsorber that is easily accessible and located at least 8 stack or duct diameters downstream from any flow disturbance such as a bend, expansion, contraction, or outlet; downstream from no other inlet; and 2 stack or duct diameters upstream from any flow disturbance such as a bend, expansion, contraction, inlet, or outlet.\n\n(c) If the air-PCE gas vapor stream is passed through a carbon adsorber prior to machine door opening to comply with \u00a7 63.322(b)(3), the owner or operator of an affected facility shall measure the concentration of PCE in the dry cleaning machine drum at the end of the dry cleaning cycle weekly with a colorimetric detector tube or PCE gas analyzer to determine that the PCE concentration is equal to or less than 300 parts per million by volume. The owner or operator shall:\n\n(1) Use a colorimetric detector tube or PCE gas analyzer designed to measure a concentration of 300 parts per million by volume of PCE in air to an accuracy of \u00b175 parts per million by volume; and\n\n(2) Use the colorimetric detector tube or PCE gas analyzer according to the manufacturer's instructions; and\n\n(3) Conduct the weekly monitoring by inserting the colorimetric detector or PCE gas analyzer tube into the open space above the articles at the rear of the dry cleaning machine drum immediately upon opening the dry cleaning machine door.\n\n(d) When calculating yearly perchloroethylene consumption for the purpose of demonstrating applicability according to \u00a7 63.320, the owner or operator shall perform the following calculation on the first day of every month:\n\n(1) Sum the volume of all perchloroethylene purchases made in each of the previous 12 months, as recorded in the log described in \u00a7 63.324(d)(1).\n\n(2) If no perchloroethylene purchases were made in a given month, then the perchloroethylene consumption for that month is zero gallons.\n\n(3) The total sum calculated in paragraph (d) of this section is the yearly perchloroethylene consumption at the facility."], ["40:40:11.0.1.1.1.13.8.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "M", "Subpart M\u2014National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities", "", "\u00a7 63.324 Reporting and recordkeeping requirements.", "EPA", "", "", "[58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993; 71 FR 42745, July 27, 2006; 73 FR 39875, July 11, 2008; 85 FR 73888, Nov. 19, 2020]", "(a) Each owner or operator of a dry cleaning facility shall notify the Administrator or delegated State authority in writing within 270 calendar days after September 23, 1993 (i.e., June 18, 1994) and provide the following information:\n\n(1) The name and address of the owner or operator;\n\n(2) The address (that is, physical location) of the dry cleaning facility;\n\n(3) A brief description of the type of each dry cleaning machine at the dry cleaning facility;\n\n(4) Documentation as described in \u00a7 63.323(d) of the yearly perchloroethylene consumption at the dry cleaning facility for the previous year to demonstrate applicability according to \u00a7 63.320; or an estimation of perchloroethylene consumption for the previous year to estimate applicability with \u00a7 63.320; and\n\n(5) A description of the type of control device(s) that will be used to achieve compliance with \u00a7 63.322 (a) or (b) and whether the control device(s) is currently in use or will be purchased.\n\n(6) Documentation to demonstrate to the Administrator's satisfaction that each room enclosure used to meet the requirements of \u00a7 63.322(a)(3) meets the requirements of \u00a7 63.322(a)(3) (i) and (ii).\n\n(b) Each owner or operator of a dry cleaning facility shall submit to the Administrator or delegated State authority by registered mail on or before the 30th day following the compliance dates specified in \u00a7 63.320 (b) or (c) or June 18, 1994, whichever is later, a notification of compliance status providing the following information and signed by a responsible official who shall certify its accuracy:\n\n(1) The yearly perchloroethylene solvent consumption limit based upon the yearly solvent consumption calculated according to \u00a7 63.323(d);\n\n(2) Whether or not they are in compliance with each applicable requirement of \u00a7 63.322; and\n\n(3) All information contained in the statement is accurate and true.\n\n(c) Each owner or operator of an area source dry cleaning facility that exceeds the solvent consumption limit reported in paragraph (b) of this section shall submit to the Administrator or a delegated State authority by registered mail on or before the dates specified in \u00a7 63.320 (f) or (i), a notification of compliance status providing the following information and signed by a responsible official who shall certify its accuracy:\n\n(1) The new yearly perchloroethylene solvent consumption limit based upon the yearly solvent consumption calculated according to \u00a7 63.323(d);\n\n(2) Whether or not they are in compliance with each applicable requirement of \u00a7 63.322; and\n\n(3) All information contained in the statement is accurate and true.\n\n(d) Each owner or operator of a dry cleaning facility shall keep receipts of perchloroethylene purchases and a log of the following information and maintain such information on site and show it upon request for a period of 5 years:\n\n(1) The volume of perchloroethylene purchased each month by the dry cleaning facility as recorded from perchloroethylene purchases; if no perchloroethylene is purchased during a given month then the owner or operator would enter zero gallons into the log;\n\n(2) The calculation and result of the yearly perchloroethylene consumption determined on the first day of each month as specified in \u00a7 63.323(d);\n\n(3) The dates when the dry cleaning system components are inspected for leaks, as specified in \u00a7 63.322(k), (l), or (o)(1), and the name or location of dry cleaning system components where leaks are detected;\n\n(4) The dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with \u00a7 63.322(m) and (n);\n\n(5) The date and monitoring results (temperature sensor or pressure gauge) as specified in \u00a7 63.323 if a refrigerated condenser is used to comply with \u00a7 63.322(a), (b), or (o); and\n\n(6) The date and monitoring results, as specified in \u00a7 63.323, if a carbon adsorber is used to comply with \u00a7 63.322(a)(2), or (b)(3).\n\n(e) Each owner or operator of a dry cleaning facility shall retain onsite a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.\n\n(f) Each owner or operator of a dry cleaning facility shall submit to the Administrator or delegated State authority by registered mail on or before July 28, 2008 a notification of compliance status providing the following information and signed by a responsible official who shall certify its accuracy:\n\n(1) The name and address of the owner or operator;\n\n(2) The address (that is, physical location) of the dry cleaning facility;\n\n(3) If they are located in a building with a residence(s), even if the residence is vacant at the time of this notification;\n\n(4) If they are located in a building with no other tenants, leased space, or owner occupants;\n\n(5) Whether they are a major or area source;\n\n(6) The yearly PCE solvent consumption based upon the yearly solvent consumption calculated according to \u00a7 63.323(d);\n\n(7) Whether or not they are in compliance with each applicable requirement of \u00a7 63.322; and\n\n(8) All information contained in the statement is accurate and true.\n\n(g) Each owner or operator of a dry cleaning facility that reclassifies from a major source to an area source must follow the procedures of \u00a7 63.9(j) and (k) to provide notification of the change in status."], ["40:40:11.0.1.1.1.13.8.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "M", "Subpart M\u2014National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities", "", "\u00a7 63.325 Determination of equivalent emission control technology.", "EPA", "", "", "", "(a) Any person requesting that the use of certain equipment or procedures be considered equivalent to the requirements under \u00a7 63.322 shall collect, verify, and submit to the Administrator the following information to show that the alternative achieves equivalent emission reductions:\n\n(1) Diagrams, as appropriate, illustrating the emission control technology, its operation and integration into or function with dry-to-dry machine(s) or transfer machine system(s) and their ancillary equipment during each portion of the normal dry cleaning cycle;\n\n(2) Information quantifying vented perchloroethylene emissions from the dry-to-dry machine(s) or transfer machine system(s) during each portion of the dry cleaning cycle with and without the use of the candidate emission control technology;\n\n(3) Information on solvent mileage achieved with and without the candidate emission control technology. Solvent mileage is the average weight of articles cleaned per volume of perchloroethylene used. Solvent mileage data must be of continuous duration for at least 1 year under the conditions of a typical dry cleaning operation. This information on solvent mileage must be accompanied by information on the design, configuration, operation, and maintenance of the specific dry cleaning system from which the solvent mileage information was obtained;\n\n(4) Identification of maintenance requirements and parameters to monitor to ensure proper operation and maintenance of the candidate emission control technology;\n\n(5) Explanation of why this information is considered accurate and representative of both the short-term and the long-term performance of the candidate emission control technology on the specific dry cleaning system examined;\n\n(6) Explanation of why this information can or cannot be extrapolated to dry cleaning systems other than the specific system(s) examined; and\n\n(7) Information on the cross-media impacts (to water and solid waste) of the candidate emission control technology and demonstration that the cross-media impacts are less than or equal to the cross-media impacts of a refrigerated condenser.\n\n(b) For the purpose of determining equivalency to control equipment required under \u00a7 63.322, the Administrator will evaluate the petition to determine whether equivalent control of perchloroethylene emissions has been adequately demonstrated.\n\n(c) Where the Administrator determines that certain equipment and procedures may be equivalent, the Administrator will publish a notice in the  Federal Register  proposing to consider this equipment or these procedures as equivalent. After notice and opportunity for public hearing, the Administrator will publish the final determination of equivalency in the  Federal Register."], ["40:40:11.0.1.1.1.13.8.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "M", "Subpart M\u2014National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities", "", "\u00a7 63.326 Implementation and enforcement.", "EPA", "", "", "[68 FR 37347, June 23, 2003]", "(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.\n\n(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.\n\n(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.\n\n(1) Approval of alternatives to the requirements in \u00a7\u00a7 63.320 and 63.322(a) through (j). Follow the requirements in \u00a7 63.325 to demonstrate that alternative equipment or procedures are equivalent to the requirements of \u00a7 63.322.\n\n(2) Approval of major alternatives to test methods under \u00a7 63.7(e)(2)(ii) and (f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(3) Approval of major alternatives to monitoring under \u00a7 63.8(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(4) Approval of major alternatives to recordkeeping and reporting under \u00a7 63.10(f), as defined in \u00a7 63.90, and as required in this subpart."], ["40:40:11.0.1.1.1.14.8.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.340 Applicability and designation of sources.", "EPA", "", "", "[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 64 FR 69643, Dec. 14, 1999; 70 FR 75345, Dec. 19, 2005]", "(a) The affected source to which the provisions of this subpart apply is each chromium electroplating or chromium anodizing tank at facilities performing hard chromium electroplating, decorative chromium electroplating, or chromium anodizing.\n\n(b) Owners or operators of affected sources subject to the provisions of this subpart must also comply with the requirements of subpart A of this part, according to the applicability of subpart A of this part to such sources, as identified in Table 1 of this subpart.\n\n(c) Process tanks associated with a chromium electroplating or chromium anodizing process, but in which neither chromium electroplating nor chromium anodizing is taking place, are not subject to the provisions of this subpart. Examples of such tanks include, but are not limited to, rinse tanks, etching tanks, and cleaning tanks. Likewise, tanks that contain a chromium solution, but in which no electrolytic process occurs, are not subject to this subpart. An example of such a tank is a chrome conversion coating tank where no electrical current is applied.\n\n(d) Affected sources in which research and laboratory operations are performed are exempt from the provisions of this subpart when such operations are taking place.\n\n(e) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources."], ["40:40:11.0.1.1.1.14.8.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.341 Definitions and nomenclature.", "EPA", "", "", "[60 FR 4963, Jan. 25, 1995, as amended at 69 FR 42894, July 19, 2004; 77 FR 58242, Sept. 19, 2012]", "(a)  Definitions.  Terms used in this subpart are defined in the Act, in subpart A of this part, or in this section. For the purposes of subpart N of this part, 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.\n\nAdd-on air pollution control device  means equipment installed in the ventilation system of chromium electroplating and anodizing tanks for the purposes of collecting and containing chromium emissions from the tank(s).\n\nAffirmative defense  means, in the context of an enforcement proceeding, a response or a defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.\n\nAir pollution control technique  means any method, such as an add-on air pollution control device or a chemical fume suppressant, that is used to reduce chromium emissions from chromium electroplating and chromium anodizing tanks.\n\nBase metal  means the metal or metal alloy that comprises the workpiece.\n\nBath component  means the trade or brand name of each component(s) in trivalent chromium plating baths. For trivalent chromium baths, the bath composition is proprietary in most cases. Therefore, the trade or brand name for each component(s) can be used; however, the chemical name of the wetting agent contained in that component must be identified.\n\nChemical fume suppressant  means any chemical agent that reduces or suppresses fumes or mists at the surface of an electroplating or anodizing bath; another term for fume suppressant is mist suppressant.\n\nChromic acid  means the common name for chromium anhydride (CrO 3 ).\n\nChromium anodizing  means the electrolytic process by which an oxide layer is produced on the surface of a base metal for functional purposes (e.g., corrosion resistance or electrical insulation) using a chromic acid solution. In chromium anodizing, the part to be anodized acts as the anode in the electrical circuit, and the chromic acid solution, with a concentration typically ranging from 50 to 100 grams per liter (g/L), serves as the electrolyte.\n\nChromium anodizing tank  means the receptacle or container along with the following accompanying internal and external components needed for chromium anodizing: rectifiers fitted with controls to allow for voltage adjustments, heat exchanger equipment, circulation pumps, and air agitation systems.\n\nChromium electroplating tank  means the receptacle or container along with the following internal and external components needed for chromium electroplating: Rectifiers, anodes, heat exchanger equipment, circulation pumps, and air agitation systems.\n\nComposite mesh-pad system  means an add-on air pollution control device typically consisting of several mesh-pad stages. The purpose of the first stage is to remove large particles. Smaller particles are removed in the second stage, which consists of the composite mesh pad. A final stage may remove any reentrained particles not collected by the composite mesh pad.\n\nContains hexavalent chromium  means, the substance consists of, or contains 0.1 percent or greater by weight, chromium trioxide, chromium (VI) oxide, chromic acid, or chromic anhydride.\n\nDecorative chromium electroplating  means the process by which a thin layer of chromium (typically 0.003 to 2.5 microns) is electrodeposited on a base metal, plastic, or undercoating to provide a bright surface with wear and tarnish resistance. In this process, the part(s) serves as the cathode in the electrolytic cell and the solution serves as the electrolyte. Typical current density applied during this process ranges from 540 to 2,400 Amperes per square meter (A/m\n 2 ) for total plating times ranging between 0.5 to 5 minutes.\n\nElectroplating or anodizing bath  means the electrolytic solution used as the conducting medium in which the flow of current is accompanied by movement of metal ions for the purposes of electroplating metal out of the solution onto a workpiece or for oxidizing the base material.\n\nEmission limitation  means, for the purposes of this subpart, the concentration of total chromium allowed to be emitted expressed in milligrams per dry standard cubic meter (mg/dscm), or the allowable surface tension expressed in dynes per centimeter (dynes/cm).\n\nEnclosed hard chromium electroplating tank  means a chromium electroplating tank that is equipped with an enclosing hood and ventilated at half the rate or less that of an open surface tank of the same surface area.\n\nExisting affected source  means an affected hard chromium electroplating tank, decorative chromium electroplating tank, or chromium anodizing tank, the construction or reconstruction of which commenced on or before February 8, 2012.\n\nFacility  means the major or area source at which chromium electroplating or chromium anodizing is performed.\n\nFiber-bed mist eliminator  means an add-on air pollution control device that removes contaminants from a gas stream through the mechanisms of inertial impaction and Brownian diffusion. These devices are typically installed downstream of another control device, which serves to prevent plugging, and consist of one or more fiber beds. Each bed consists of a hollow cylinder formed from two concentric screens; the fiber between the screens may be fabricated from glass, ceramic plastic, or metal.\n\nFoam blanket  means the type of chemical fume suppressant that generates a layer of foam across the surface of a solution when current is applied to that solution.\n\nFresh water  means water, such as tap water, that has not been previously used in a process operation or, if the water has been recycled from a process operation, it has been treated and meets the effluent guidelines for chromium wastewater.\n\nHard chromium electroplating  or industrial chromium electroplating means a process by which a thick layer of chromium (typically 1.3 to 760 microns) is electrodeposited on a base material to provide a surface with functional properties such as wear resistance, a low coefficient of friction, hardness, and corrosion resistance. In this process, the part serves as the cathode in the electrolytic cell and the solution serves as the electrolyte. Hard chromium electroplating process is performed at current densities typically ranging from 1,600 to 6,500 A/m\n 2  for total plating times ranging from 20 minutes to 36 hours depending upon the desired plate thickness.\n\nHexavalent chromium  means the form of chromium in a valence state of + 6.\n\nLarge, hard chromium electroplating facility  means a facility that performs hard chromium electroplating and has a maximum cumulative potential rectifier capacity greater than or equal to 60 million ampere-hours per year (amp-hr/yr).\n\nMaximum cumulative potential rectifier capacity  means the summation of the total installed rectifier capacity associated with the hard chromium electroplating tanks at a facility, expressed in amperes, multiplied by the maximum potential operating schedule of 8,400 hours per year and 0.7, which assumes that electrodes are energized 70 percent of the total operating time. The maximum potential operating schedule is based on operating 24 hours per day, 7 days per week, 50 weeks per year.\n\nNew affected source  means an affected hard chromium electroplating tank, decorative chromium electroplating tank, or chromium anodizing tank, the construction or reconstruction of which commenced after February 8, 2012.\n\nOpen surface hard chromium electroplating tank  means a chromium electroplating tank that is ventilated at a rate consistent with good ventilation practices for open tanks.\n\nOperating parameter value  means a minimum or maximum value established for a control device or process parameter which, if achieved by itself or in combination with one or more other operating parameter values, determines that an owner or operator is in continual compliance with the applicable emission limitation or standard.\n\nPacked-bed scrubber  means an add-on air pollution control device consisting of a single or double packed bed that contains packing media on which the chromic acid droplets impinge. The packed-bed section of the scrubber is followed by a mist eliminator to remove any water entrained from the packed-bed section.\n\nPerfluorooctane sulfonic acid (PFOS)-based fume suppressant  means a fume suppressant that contains 1 percent or greater PFOS by weight.\n\nResearch or laboratory operation  means an operation whose primary purpose is for research and development of new processes and products, that is conducted under the close supervision of technically trained personnel, and that is not involved in the manufacture of products for commercial sale in commerce, except in a de minimis manner.\n\nSmall, hard chromium electroplating facility  means a facility that performs hard chromium electroplating and has a maximum cumulative potential rectifier capacity less than 60 million amp-hr/yr.\n\nStalagmometer  means an instrument used to measure the surface tension of a solution by determining the mass of a drop of liquid by weighing a known number of drops or by counting the number of drops obtained from a given volume of liquid.\n\nSurface tension  means the property, due to molecular forces, that exists in the surface film of all liquids and tends to prevent liquid from spreading.\n\nTank operation  means the time in which current and/or voltage is being applied to a chromium electroplating tank or a chromium anodizing tank.\n\nTensiometer  means an instrument used to measure the surface tension of a solution by determining the amount of force needed to pull a ring from the liquid surface. The amount of force is proportional to the surface tension.\n\nTrivalent chromium  means the form of chromium in a valence state of + 3.\n\nTrivalent chromium process  means the process used for electrodeposition of a thin layer of chromium onto a base material using a trivalent chromium solution instead of a chromic acid solution.\n\nWetting agent  means the type of commercially available chemical fume suppressant that materially reduces the surface tension of a liquid.\n\n(b)  Nomenclature.  The nomenclature used in this subpart has the following meaning:\n\n(1) AMR = the allowable mass emission rate from each type of affected source subject to the same emission limitation in milligrams per hour (mg/hr).\n\n(2) AMR sys  = the allowable mass emission rate from affected sources controlled by an add-on air pollution control device controlling emissions from multiple sources in mg/hr.\n\n(3) EL = the applicable emission limitation from \u00a7 63.342 in milligrams per dry standard cubic meter (mg/dscm).\n\n(4) IA total  = the sum of all inlet duct areas from both affected and nonaffected sources in meters squared.\n\n(5) IDA i  = the total inlet area for all ducts associated with affected sources in meters squared.\n\n(6) IDA i,a  = the total inlet duct area for all ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation in meters squared.\n\n(7) VR = the total of ventilation rates for each type of affected source subject to the same emission limitation in dry standard cubic meters per minute (dscm/min).\n\n(8) VR inlet  = the total ventilation rate from all inlet ducts associated with affected sources in dscm/min.\n\n(9) VR inlet,a  = the total ventilation rate from all inlet ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation in dscm/min.\n\n(10) VR tot  = the average total ventilation rate for the three test runs as determined at the outlet by means of the Method 306 or 306A testing specified in appendix A of this part in dscm/min."], ["40:40:11.0.1.1.1.14.8.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.342 Standards.", "EPA", "", "", "[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 61 FR 27787, June 3, 1996; 62 FR 42920, Aug. 11, 1997; 68 FR 37347, June 23, 2003; 69 FR 42894, July 19, 2004; 71 FR 20456, Apr. 20, 2006; 77 FR 58243, Sept. 19, 2012]", "(a)(1) At all times, each owner or operator must operate and maintain any affected source subject to the requirements of this subpart, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by this 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, review of operation and maintenance records, and inspection of the source.\n\n(2) Each owner or operator of an affected source subject to the provisions of this subpart shall comply with these requirements in this section on and after the compliance dates specified in \u00a7 63.343(a). All affected sources are regulated by applying maximum achievable control technology.\n\n(b)  Applicability of emission limitations.  (1) The emission limitations in this section apply during tank operation as defined in \u00a7 63.341, and during periods of startup and shutdown as these are routine occurrences for affected sources subject to this subpart. In response to an action to enforce the standards set forth in this subpart, the owner or operator may assert a defense to a claim for civil penalties for violations of such standards that are caused by a malfunction, as defined in 40 CFR 63.2. Appropriate penalties may be assessed, however, if the owner or operator fails to meet the burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief.\n\n(i) To establish the affirmative defense in any action to enforce such a standard, the owner or operator must timely meet the reporting requirements of paragraph (b)(1)(ii) of this section, and must prove by a preponderance of evidence that:\n\n(A) The violation was caused by a sudden, infrequent, and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal and usual manner; and could not have been prevented through careful planning, proper design or better operation and maintenance practices; and did not stem from any activity or event that could have been foreseen and avoided, or planned for; and was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and\n\n(B) Repairs were made as expeditiously as possible when exceeded violation occurred. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and\n\n(C) The frequency, amount and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and\n\n(D) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and\n\n(E) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment, and human health; and\n\n(F) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and\n\n(G) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and\n\n(H) At all times, the affected sources were operated in a manner consistent with good practices for minimizing emissions; and\n\n(I) A written root cause analysis was prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using the best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction.\n\n(ii)  Report.  The owner or operator seeking to assert an affirmative defense shall submit a written report to the Administrator with all necessary supporting documentation, that it has met the requirements set forth in paragraph (i) of this section. This affirmative defense report shall be included in the first periodic compliance, deviation report or excess emission report otherwise required after the initial occurrence of the violation of the relevant standard (which may be the end of any applicable averaging period). If such compliance, deviation report or excess emission report is due less than 45 days after the initial occurrence of the violation, the affirmation defense report may be included in the second compliance, deviation report or excess emission report due after the initial occurrence of the violation of the relevant standard.\n\n(2) If an owner or operator is controlling a group of tanks with a common add-on air pollution control device, the emission limitations of paragraphs (c), (d), and (e) of this section apply whenever any one affected source is operated. The emission limitation that applies to the group of affected sources is:\n\n(i) The emission limitation identified in paragraphs (c), (d), and (e) of this section if the affected sources are performing the same type of operation (e.g., hard chromium electroplating), are subject to the same emission limitation, and are not controlled by an add-on air pollution control device also controlling nonaffected sources;\n\n(ii) The emission limitation calculated according to \u00a7 63.344(e)(3) if affected sources are performing the same type of operation, are subject to the same emission limitation, and are controlled with an add-on air pollution control device that is also controlling nonaffected sources; and\n\n(iii) The emission limitation calculated according to \u00a7 63.344(e)(4) if affected sources are performing different types of operations, or affected sources are performing the same operations but subject to different emission limitations, and are controlled with an add-on air pollution control device that may also be controlling emissions from nonaffected sources.\n\n(c)(1)  Standards for open surface hard chromium electroplating tanks.  During tank operation, each owner or operator of an existing, new, or reconstructed affected source shall control chromium emissions discharged to the atmosphere from that affected source by either:\n\n(i) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.011 milligrams of total chromium per dry standard cubic meter (mg/dscm) of ventilation air (4.8 \u00d7 10 \u22126  grains per dry standard cubic foot (gr/dscf)) for all open surface hard chromium electroplating tanks that are existing affected sources and are located at large hard chromium electroplating facilities; or\n\n(ii) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 mg/dscm (6.6 \u00d7 10 \u22126  gr/dscf) for all open surface hard chromium electroplating tanks that are existing affected sources and are located at small, hard chromium electroplating facilities; or\n\n(iii) If a chemical fume suppressant containing a wetting agent is used, not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 40 dynes per centimeter (dynes/cm) (2.8 \u00d7 10 \u22123  pound-force per foot (lbf/ft)), as measured by a stalagmometer, or 33 dynes/cm (2.3 \u00d7 10 \u22123  lbf/ft), as measured by a tensiometer at any time during tank operation; or\n\n(iv) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.006 mg/dscm of ventilation air (2.6 \u00d7 10 \u22126  gr/dscf) for all open surface hard chromium electroplating tanks that are new affected sources; or\n\n(v) After September 21, 2015, the owner or operator of an affected open surface hard chromium electroplating tank shall not add PFOS-based fume suppressants to any affected open surface hard chromium electroplating tank.\n\n(2)  Standards for enclosed hard chromium electroplating tanks.  During tank operation, each owner or operator of an existing, new, or reconstructed affected source shall control chromium emissions discharged to the atmosphere from that affected source by either:\n\n(i) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.011 mg/dscm of ventilation air (4.8 \u00d7 10 \u22126  gr/dscf) for all enclosed hard chromium electroplating tanks that are existing affected sources and are located at large hard chromium electroplating facilities; or\n\n(ii) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 mg/dscm (6.6 \u00d7 10 \u22126  gr/dscf) for all enclosed hard chromium electroplating tanks that are existing affected sources and are located at small, hard chromium electroplating facilities; or\n\n(iii) If a chemical fume suppressant containing a wetting agent is used, not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 40 dynes/cm (2.8 \u00d7 10 \u22123  lbf/ft), as measured by a stalagmometer, or 33 dynes/cm (2.3 \u00d7 10 \u22123  lbf/ft), as measured by a tensiometer at any time during tank operation; or\n\n(iv) Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in \u00a7 63.344(f)(1)(i) for all enclosed hard chromium electroplating tanks that are existing affected sources and are located at large hard chromium electroplating facilities; or\n\n(v) Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in \u00a7 63.344(f)(1)(ii) if the enclosed hard chromium electroplating tank is an existing affected source and is located at a small, hard chromium electroplating facility.\n\n(vi) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.006 mg/dscm of ventilation air (2.6 \u00d7 10 \u22126  gr/dscf) for all enclosed hard chromium electroplating tanks that are new affected sources; or\n\n(vii) Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in \u00a7 63.344(f)(1)(iii) if the enclosed hard chromium electroplating tank is a new affected source.\n\n(viii) After September 21, 2015, the owner or operator of an affected enclosed hard chromium electroplating tank shall not add PFOS-based fume suppressants to any affected enclosed hard chromium electroplating tank.\n\n(3)(i) An owner or operator may demonstrate the size of a hard chromium electroplating facility through the definitions in \u00a7 63.341(a). Alternatively, an owner or operator of a facility with a maximum cumulative potential rectifier capacity of 60 million amp-hr/yr or more may be considered small if the actual cumulative rectifier capacity is less than 60 million amp-hr/yr as demonstrated using the following procedures:\n\n(A) If records show that the facility's previous annual actual rectifier capacity was less than 60 million amp-hr/yr, by using nonresettable ampere-hr meters and keeping monthly records of actual ampere-hr usage for each 12-month rolling period following the compliance date in accordance with \u00a7 63.346(b)(12). The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months; or\n\n(B) By accepting a federally-enforceable limit on the maximum cumulative potential rectifier capacity of a hard chromium electroplating facility and by maintaining monthly records in accordance with \u00a7 63.346(b)(12) to demonstrate that the limit has not been exceeded. The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months.\n\n(ii) Once the monthly records required to be kept by \u00a7 63.346(b)(12) and by this paragraph (c)(3)(ii) show that the actual cumulative rectifier capacity over the previous 12-month rolling period corresponds to the large designation, the owner or operator is subject to the emission limitation identified in paragraph (c)(1)(i), (iii), (c)(2)(i), (iii), or (iv) of this section, in accordance with the compliance schedule of \u00a7 63.343(a)(5).\n\n(d)  Standards for decorative chromium electroplating tanks using a chromic acid bath and chromium anodizing tanks.  During tank operation, each owner or operator of an existing, new, or reconstructed affected source shall control chromium emissions discharged to the atmosphere from that affected source by either:\n\n(1) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.007 mg/dscm (3.1 \u00d7 10 \u22126  gr/dscf) for all existing decorative chromium electroplating tanks using a chromic acid bath and all existing chromium anodizing tanks; or\n\n(2) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.006 mg/dscm (2.6 \u00d7 10 \u22126  gr/dscf) for all new or reconstructed decorative chromium electroplating tanks using a chromic acid bath and all new or reconstructed chromium anodizing tanks; or\n\n(3) If a chemical fume suppressant containing a wetting agent is used, not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 40 dynes/cm (2.8 \u00d7 10 \u22123  lbf/ft), as measured by a stalagmometer or 33 dynes/cm (2.3 \u00d7 10 \u22123  lbf/ft), as measured by a tensiometer at any time during tank operation, for all existing, new, or reconstructed decorative chromium electroplating tanks using a chromic acid bath and all existing, new, or reconstructed chromium anodizing tanks; or\n\n(4) After September 21, 2015, the owner or operator of an affected decorative chromium electroplating tank or an affected chromium anodizing tank shall not add PFOS-based fume suppressants to any affected decorative chromium electroplating tank or chromium anodizing tank.\n\n(e)  Standards for decorative chromium electroplating tanks using a trivalent chromium bath.  (1) Each owner or operator of an existing, new, or reconstructed decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient is subject to the recordkeeping and reporting requirements of \u00a7\u00a7 63.346(b)(14) and 63.347(i), but are not subject to the work practice requirements of paragraph (f) of this section, or the continuous compliance monitoring requirements in \u00a7 63.343(c). The wetting agent must be an ingredient in the trivalent chromium bath components purchased as a package.\n\n(2) After September 21, 2015, the owner or operator of an affected decorative chromium electroplating tank using a trivalent chromium bath shall not add PFOS-based fume suppressants to any affected decorative chromium electroplating tank.\n\n(3) Each owner or operator of an existing, new, or reconstructed decorative chromium electroplating tank that uses a trivalent chromium bath that does not incorporate a wetting agent as a bath ingredient is subject to the standards of paragraph (d) of this section.\n\n(4) Each owner or operator of an existing, new, or reconstructed decorative chromium electroplating tank that had been using a trivalent chromium bath that incorporated a wetting agent and ceases using this type of bath must fulfill the reporting requirements of \u00a7 63.347(i)(3) and comply with the applicable emission limitation within the timeframe specified in \u00a7 63.343(a)(7).\n\n(f)  Operation and maintenance practices.  All owners or operators subject to the standards in paragraphs (c) and (d) of this section are subject to these operation and maintenance practices.\n\n(1)(i) At all times, including periods of startup, shutdown, and malfunction, owners or operators shall operate and maintain any affected source, including associated air pollution control devices and monitoring equipment, in a manner consistent with good air pollution control practices.\n\n(ii) Malfunctions shall be corrected as soon as practicable after their occurrence.\n\n(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.\n\n(2)(i) Determination of whether acceptable operation and maintenance procedures are being used will be based on information available to the Administrator, which may include, but is not limited to, monitoring results; review of the operation and maintenance plan, procedures, and records; and inspection of the source.\n\n(ii) Based on the results of a determination made under paragraph (f)(2)(i) of this section, the Administrator may require that an owner or operator of an affected source make changes to the operation and maintenance plan required by paragraph (f)(3) of this section for that source. Revisions may be required if the Administrator finds that the plan:\n\n(A) Does not address a malfunction that has occurred;\n\n(B) Fails to provide for the proper operation of the affected source, the air pollution control techniques, or the control system and process monitoring equipment during a malfunction in a manner consistent with good air pollution control practices; or\n\n(C) Does not provide adequate procedures for correcting malfunctioning process equipment, air pollution control techniques, or monitoring equipment as quickly as practicable.\n\n(3)  Operation and maintenance plan.  (i) The owner or operator of an affected source subject to paragraph (f) of this section shall prepare an operation and maintenance plan no later than the compliance date, except for hard chromium electroplaters and the chromium anodizing operations in California which have until January 25, 1998. The plan shall be incorporated by reference into the source's title V permit, if and when a title V permit is required. The plan shall include the following elements:\n\n(A) The plan shall specify the operation and maintenance criteria for the affected source, the add-on air pollution control device (if such a device is used to comply with the emission limits), and the process and control system monitoring equipment, and shall include a standardized checklist to document the operation and maintenance of this equipment;\n\n(B) For sources using an add-on control device or monitoring equipment to comply with this subpart, the plan shall incorporate the operation and maintenance practices for that device or monitoring equipment, as identified in Table 1 of this section, if the specific equipment used is identified in Table 1 of this section;\n\n(C) If the specific equipment used is not identified in Table 1 of this section, the plan shall incorporate proposed operation and maintenance practices. These proposed operation and maintenance practices shall be submitted for approval as part of the submittal required under \u00a7 63.343(d);\n\n(D) The plan shall specify procedures to be followed to ensure that equipment or process malfunctions due to poor maintenance or other preventable conditions do not occur; and\n\n(E) The plan shall include a systematic procedure for identifying malfunctions of process equipment, add-on air pollution control devices, and process and control system monitoring equipment and for implementing corrective actions to address such malfunctions.\n\n(F) The plan shall include housekeeping procedures, as specified in Table 2 of this section.\n\n(ii) If the operation and maintenance plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction at the time the plan is initially developed, the owner or operator shall revise the operation and maintenance plan within 45 days after such an event occurs. The revised plan shall include procedures for operating and maintaining the process equipment, add-on air pollution control device, or monitoring equipment during similar malfunction events, and a program for corrective action for such events.\n\n(iii) Recordkeeping associated with the operation and maintenance plan is identified in \u00a7 63.346(b). Reporting associated with the operation and maintenance plan is identified in \u00a7 63.347 (g) and (h) and paragraph (f)(3)(iv) of this section.\n\n(iv) If actions taken by the owner or operator during periods of malfunction are inconsistent with the procedures specified in the operation and maintenance plan required by paragraph (f)(3)(i) of this section, the owner or operator shall record the actions taken for that event and shall report by phone such actions within 2 working days after commencing actions inconsistent with the plan. This report shall be followed by a letter within 7 working days after the end of the event, unless the owner or operator makes alternative reporting arrangements, in advance, with the Administrator.\n\n(v) The owner or operator shall keep the written operation and maintenance plan on record after it is developed to be made available for inspection, upon request, by the Administrator for the life of the affected source or until the source is no longer subject to the provisions of this subpart. In addition, if the operation and maintenance plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the operation and maintenance 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.\n\n(vi) To satisfy the requirements of paragraph (f)(3) of this section, the owner or operator may use applicable standard operating procedure (SOP) manuals, Occupational Safety and Health Administration (OSHA) plans, or other existing plans, provided the alternative plans meet the requirements of this section.\n\n(g) The standards in this section that apply to chromic acid baths shall not be met by using a reducing agent to change the form of chromium from hexavalent to trivalent.\n\nTable 1 to \u00a7 63.342\u2014Summary of Operation and Maintenance Practices\n\na  If greater than 50 percent of the scrubber water is drained (e.g., for maintenance purposes), makeup water may be added to the scrubber basin.\n\nb  For horizontal-flow scrubbers, top is defined as the section of the unit directly above the packing media such that the makeup water would flow perpendicular to the air flow through the packing. For vertical-flow units, the top is defined as the area downstream of the packing material such that the makeup water would flow countercurrent to the air flow through the unit.\n\nc  Work practice standards for the control device installed upstream of the fiber-bed mist eliminator to prevent plugging do not apply as long as the work practice standards for the fiber-bed unit are followed.\n\nTable 2 to \u00a7 63.342\u2014Housekeeping Practices"], ["40:40:11.0.1.1.1.14.8.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.343 Compliance provisions.", "EPA", "", "", "[60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 62 FR 42920, Aug. 11, 1997; 68 FR 37347, June 23, 2003; 69 FR 42895, July 19, 2004; 77 FR 58245, Sept. 19, 2012]", "(a)  Compliance dates.  (1) The owner or operator of an existing affected source shall comply with the emission limitations in \u00a7 63.342 no later than September 19, 2014.\n\n(2) The owner or operator of a new or reconstructed affected source that has an initial startup after September 19, 2012, shall comply immediately upon startup of the source.\n\n(3) The owner or operator of an existing area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source must comply with the provisions for existing major sources, including the reporting provisions of \u00a7 63.347(g), immediately upon becoming a major source.\n\n(4) The owner or operator of a new area source (i.e., an area source for which construction or reconstruction was commenced after February 8, 2012, that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source must comply with the provisions for new major sources, immediately upon becoming a major source.\n\n(5) An owner or operator of an existing hard chromium electroplating tank or tanks located at a small, hard chromium electroplating facility that increases its maximum cumulative potential rectifier capacity, or its actual cumulative rectifier capacity, such that the facility becomes a large, hard chromium electroplating facility must comply with the requirements of \u00a7 63.342(c)(1)(i) for all hard chromium electroplating tanks at the facility no later than 1 year after the month in which monthly records required by \u00a7\u00a7 63.342(c)(2) and 63.346(b)(12) show that the large designation is met, or by the compliance date specified in paragraph (a)(1)(ii) of this section, whichever is later.\n\n(6)  Request for an extension of compliance.  An owner or operator of an affected source or sources that requests an extension of compliance shall do so in accordance with this paragraph and the applicable paragraphs of \u00a7 63.6(i). When the owner or operator is requesting the extension for more than one affected source located at the facility, then only one request may be submitted for all affected sources at the facility.\n\n(i) The owner or operator of an existing affected source who is unable to comply with a relevant standard under this subpart 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 owner or operator up to 1 additional year to comply with the standard for the affected source. The owner or operator of an affected source who has requested an extension of compliance under this paragraph and is otherwise required to obtain a title V permit for the source shall apply for such permit or apply to have the 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 owner or operator's title V permit for the affected source(s) according to the provisions of 40 CFR part 70 or 40 CFR part 71, whichever is applicable.\n\n(ii) Any request under this paragraph for an extension of compliance with a relevant standard shall be submitted in writing to the appropriate authority not later than 6 months before the affected source's compliance date as specified in this section.\n\n(7) An owner or operator of a decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent, and that ceases using the trivalent chromium process, must comply with the emission limitation now applicable to the tank within 1 year of switching bath operation.\n\n(8) After March 19, 2013, the owner or operator of an affected source that is subject to the standards in paragraphs \u00a7 63.342(c) or (d) shall implement the housekeeping procedures specified in Table 2 of \u00a7 63.342.\n\n(b)  Methods to demonstrate initial compliance.  (1) Except as provided in paragraphs (b)(2) and (b)(3) of this section, an owner or operator of an affected source subject to the requirements of this subpart is required to conduct an initial performance test as required under \u00a7 63.7, using the procedures and test methods listed in \u00a7\u00a7 63.7 and 63.344.\n\n(2) If the owner or operator of an affected source meets all of the following criteria, an initial performance test is not required to be conducted under this subpart:\n\n(i) The affected source is a hard chromium electroplating tank, a decorative chromium electroplating tank or a chromium anodizing tank; and\n\n(ii) A wetting agent is used in the plating or anodizing bath to inhibit chromium emissions from the affected source; and\n\n(iii) The owner or operator complies with the applicable surface tension limit of \u00a7 63.342(c)(1)(iii), (c)(2)(iii), or (d)(2) as demonstrated through the continuous compliance monitoring required by paragraph (c)(5)(ii) of this section.\n\n(3) If the affected source is a decorative chromium electroplating tank using a trivalent chromium bath, and the owner or operator is subject to the provisions of \u00a7 63.342(e), an initial performance test is not required to be conducted under this subpart.\n\n(c)  Monitoring to demonstrate continuous compliance.  The owner or operator of an affected source subject to the emission limitations of this subpart shall conduct monitoring according to the type of air pollution control technique that is used to comply with the emission limitation. The monitoring required to demonstrate continuous compliance with the emission limitations is identified in this section for the air pollution control techniques expected to be used by the owners or operators of affected sources. As an alternative to the daily monitoring, the owner or operator of an affected source may install a continuous pressure monitoring system.\n\n(1)  Composite mesh-pad systems.  (i) During the initial performance test, the owner or operator of an affected source, or a group of affected sources under common control, complying with the emission limitations in \u00a7 63.342 through the use of a composite mesh-pad system shall determine the outlet chromium concentration using the test methods and procedures in \u00a7 63.344(c), and shall establish as a site-specific operating parameter the pressure drop across the system, setting the value that corresponds to compliance with the applicable emission limitation, using the procedures in \u00a7 63.344(d)(5). An owner or operator may conduct multiple performance tests to establish a range of compliant pressure drop values, or may set as the compliant value the average pressure drop measured over the three test runs of one performance test and accept \u00b12 inches of water column from this value as the compliant range.\n\n(ii) On and after the date on which the initial performance test is required to be completed under \u00a7 63.7, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the pressure drop across the composite mesh-pad system once each day that any affected source is operating. To be in compliance with the standards, the composite mesh-pad system shall be operated within \u00b12 inches of water column of the pressure drop value established during the initial performance test, or shall be operated within the range of compliant values for pressure drop established during multiple performance tests.\n\n(iii) The owner or operator of an affected source complying with the emission limitations in \u00a7 63.343 through the use of a composite mesh-pad system may repeat the performance test and establish as a new site-specific operating parameter the pressure drop across the composite mesh-pad system according to the requirements in paragraphs (c)(1)(i) or (ii) of this section. To establish a new site-specific operating parameter for pressure drop, the owner or operator shall satisfy the requirements specified in paragraphs (c)(1)(iii)(A) through (D) of this section.\n\n(A) Determine the outlet chromium concentration using the test methods and procedures in \u00a7 63.344(c);\n\n(B) Establish the site-specific operating parameter value using the procedures \u00a7 63.344(d)(5);\n\n(C) Satisfy the recordkeeping requirements in \u00a7 63.346(b)(6) through (8); and\n\n(D) Satisfy the reporting requirements in \u00a7 63.347(d) and (f).\n\n(iv) The requirement to operate a composite mesh-pad system within the range of pressure drop values established under paragraphs (c)(1)(i) through (iii) of this section does not apply during automatic washdown cycles of the composite mesh-pad system.\n\n(2)  Packed-bed scrubber systems.  (i) During the initial performance test, the owner or operator of an affected source, or group of affected sources under common control, complying with the emission limitations in \u00a7 63.342 through the use of a packed-bed scrubber system shall determine the outlet chromium concentration using the procedures in \u00a7 63.344(c), and shall establish as site-specific operating parameters the pressure drop across the system and the velocity pressure at the common inlet of the control device, setting the value that corresponds to compliance with the applicable emission limitation using the procedures in \u00a7 63.344(d) (4) and (5). An owner or operator may conduct multiple performance tests to establish a range of compliant operating parameter values. Alternatively, the owner or operator may set as the compliant value the average pressure drop and inlet velocity pressure measured over the three test runs of one performance test, and accept \u00b11 inch of water column from the pressure drop value and \u00b110 percent from the velocity pressure value as the compliant range.\n\n(ii) On and after the date on which the initial performance test is required to be completed under \u00a7 63.7, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the velocity pressure at the inlet to the packed-bed system and the pressure drop across the scrubber system once each day that any affected source is operating. To be in compliance with the standards, the scrubber system shall be operated within \u00b110 percent of the velocity pressure value established during the initial performance test, and within \u00b11 inch of water column of the pressure drop value established during the initial performance test, or within the range of compliant operating parameter values established during multiple performance tests.\n\n(3)  Packed-bed scrubber/composite mesh-pad system.  The owner or operator of an affected source, or group of affected sources under common control, that uses a packed-bed scrubber in conjunction with a composite mesh-pad system to meet the emission limitations of \u00a7 63.342 shall comply with the monitoring requirements for composite mesh-pad systems as identified in paragraph (c)(1) of this section.\n\n(4)  Fiber-bed mist eliminator.  (i) During the initial performance test, the owner or operator of an affected source, or group of affected sources under common control, complying with the emission limitations in \u00a7 63.342 through the use of a fiber-bed mist eliminator shall determine the outlet chromium concentration using the procedures in \u00a7 63.344(c), and shall establish as a site-specific operating parameter the pressure drop across the fiber-bed mist eliminator and the pressure drop across the control device installed upstream of the fiber bed to prevent plugging, setting the value that corresponds to compliance with the applicable emission limitation using the procedures in \u00a7 63.344(d)(5). An owner or operator may conduct multiple performance tests to establish a range of compliant pressure drop values, or may set as the compliant value the average pressure drop measured over the three test runs of one performance test and accept \u00b11 inch of water column from this value as the compliant range.\n\n(ii) On and after the date on which the initial performance test is required to be completed under \u00a7 63.7, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the pressure drop across the fiber-bed mist eliminator, and the control device installed upstream of the fiber bed to prevent plugging, once each day that any affected source is operating. To be in compliance with the standards, the fiber-bed mist eliminator and the upstream control device shall be operated within \u00b11 inch of water column of the pressure drop value established during the initial performance test, or shall be operated within the range of compliant values for pressure drop established during multiple performance tests.\n\n(5)  Wetting agent-type or combination wetting agent-type/foam blanket fume suppressants.  (i) During the initial performance test, the owner or operator of an affected source complying with the emission limitations in \u00a7 63.342 through the use of a wetting agent in the electroplating or anodizing bath shall determine the outlet chromium concentration using the procedures in \u00a7 63.344(c). The owner or operator shall establish as the site-specific operating parameter the surface tension of the bath using Method 306B, appendix A of this part, setting the maximum value that corresponds to compliance with the applicable emission limitation. In lieu of establishing the maximum surface tension during the performance test, the owner or operator may accept 40 dynes/cm, as measured by a stalagmometer, or 33 dynes/cm, as measured by a tensiometer, as the maximum surface tension value that corresponds to compliance with the applicable emission limitation. However, the owner or operator is exempt from conducting a performance test only if the criteria of paragraph (b)(1) of this section are met.\n\n(ii) On and after the date on which the initial performance test is required to be completed under \u00a7 63.7, the owner or operator of an affected source shall monitor the surface tension of the electroplating or anodizing bath. Operation of the affected source at a surface tension greater than the value established during the performance test, or greater than 40 dynes/cm, as measured by a stalagmometer, or 33 dynes/cm, as measured by a tensiometer, if the owner or operator is using this value in accordance with paragraph (c)(5)(i) of this section, shall constitute noncompliance with the standards. The surface tension shall be monitored according to the following schedule:\n\n(iii) Once a bath solution is drained from the affected tank and a new solution added, the original monitoring schedule of once every 4 hours must be resumed, with a decrease in monitoring frequency allowed following the procedures of paragraphs (c)(5)(ii) (B) and (C) of this section.\n\n(6)  Foam blanket-type fume suppressants.  (i) During the initial performance test, the owner or operator of an affected source complying with the emission limitations in \u00a7 63.342 through the use of a foam blanket in the electroplating or anodizing bath shall determine the outlet chromium concentration using the procedures in \u00a7 63.344(c), and shall establish as the site-specific operating parameter the thickness of the foam blanket, setting the minimum thickness that corresponds to compliance with the applicable emission limitation. In lieu of establishing the minimum foam blanket thickness during the performance test, the owner or operator may accept 2.54 centimeters (1 inch) as the minimum foam blanket thickness that corresponds to compliance with the applicable emission limitation. All foam blanket measurements must be taken in close proximity to the workpiece or cathode area in the plating tank(s).\n\n(ii) On and after the date on which the initial performance test is required to be completed under \u00a7 63.7, the owner or operator of an affected source shall monitor the foam blanket thickness of the electroplating or anodizing bath. Operation of the affected source at a foam blanket thickness less than the value established during the performance test, or less than 2.54 cm (1 inch) if the owner or operator is using this value in accordance with paragraph (c)(6)(i) of this section, shall constitute noncompliance with the standards. The foam blanket thickness shall be measured according to the following schedule:\n\n(iii) Once a bath solution is drained from the affected tank and a new solution added, the original monitoring schedule of once every hour must be resumed, with a decrease in monitoring frequency allowed following the procedures of paragraphs (c)(6)(ii) (B) and (C) of this section.\n\n(7)  Fume suppressant/add-on control device.  (i) If the owner or operator of an affected source uses both a fume suppressant and add-on control device and both are needed to comply with the applicable emission limit, monitoring requirements as identified in paragraphs (c) (1) through (6) of this section, and the work practice standards of Table 1 of \u00a7 63.342, apply for each of the control techniques used.\n\n(ii) If the owner or operator of an affected source uses both a fume suppressant and add-on control device, but only one of these techniques is needed to comply with the applicable emission limit, monitoring requirements as identified in paragraphs (c) (1) through (6) of this section, and work practice standards of Table 1 of \u00a7 63.342, apply only for the control technique used to achieve compliance.\n\n(8)  Use of an alternative monitoring method.  (i) Requests and approvals of alternative monitoring methods shall be considered in accordance with \u00a7 63.8(f)(1), (f)(3), (f)(4), and (f)(5).\n\n(ii) After receipt and consideration of an application for an alternative monitoring method, the Administrator may approve alternatives to any monitoring methods or procedures of this subpart including, but not limited to, the following:\n\n(A) Alternative monitoring requirements when installation or use of monitoring devices specified in this subpart would not provide accurate measurements due to interferences caused by substances within the effluent gases; or\n\n(B) Alternative locations for installing monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements.\n\n(d) An owner or operator who uses an air pollution control device not listed in this section shall submit a description of the device, test results collected in accordance with \u00a7 63.344(c) verifying the performance of the device for reducing chromium emissions to the atmosphere to the level required by this subpart, a copy of the operation and maintenance plan referenced in \u00a7 63.342(f) including operation and maintenance practices, and appropriate operating parameters that will be monitored to establish continuous compliance with the standards. The monitoring plan submitted identifying the continuous compliance monitoring is subject to the Administrator's approval."], ["40:40:11.0.1.1.1.14.8.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.344 Performance test requirements and test methods.", "EPA", "", "", "[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 69 FR 42896, July 19, 2004; 77 FR 58246, Sept. 19, 2012; 79 FR 11283, Feb. 27, 2014]", "(a)  Performance test requirements.  Performance tests shall be conducted using the test methods and procedures in this section. Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. 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. Performance test results shall be documented in complete test reports that contain the information required by paragraphs (a)(1) through (9) of this section. The test plan to be followed shall be made available to the Administrator prior to the testing, if requested.\n\n(1) A brief process description;\n\n(2) Sampling location description(s);\n\n(3) A description of sampling and analytical procedures and any modifications to standard procedures;\n\n(4) Test results;\n\n(5) Quality assurance procedures and results;\n\n(6) Records of operating conditions during the test, preparation of standards, and calibration procedures;\n\n(7) Raw data sheets for field sampling and field and laboratory analyses;\n\n(8) Documentation of calculations; and\n\n(9) Any other information required by the test method.\n\n(b)(1) If the owner or operator of an affected source conducts performance testing at startup to obtain an operating permit in the State in which the affected source is located, the results of such testing may be used to demonstrate compliance with this subpart if:\n\n(i) The test methods and procedures identified in paragraph (c) of this section were used during the performance test;\n\n(ii) The performance test was conducted under representative operating conditions for the source;\n\n(iii) The performance test report contains the elements required by paragraph (a) of this section;\n\n(iv) The owner or operator of the affected source for which the performance test was conducted has sufficient data to establish the operating parameter value(s) that correspond to compliance with the standards, as required for continuous compliance monitoring under \u00a7 63.343(c);\n\n(v) The performance test was conducted after January 25, 1995;\n\n(vi) As of September 19, 2012 the source was using the same emissions controls that were used during the compliance test;\n\n(vii) As of September 19, 2012, the source was operating under conditions that are representative of the conditions under which the source was operating during the compliance test; and\n\n(viii) Based on approval from the permitting authority.\n\n(2) [Reserved]\n\n(c)  Test methods.  Each owner or operator subject to the provisions of this subpart and required by \u00a7 63.343(b) to conduct an initial performance test shall use the test methods identified in this section to demonstrate compliance with the standards in \u00a7 63.342.\n\n(1) Method 306 or Method 306A, \u201cDetermination of Chromium Emissions From Decorative and Hard Chromium Electroplating and Anodizing Operations,\u201d appendix A of this part shall be used to determine the chromium concentration from hard or decorative chromium electroplating tanks or chromium anodizing tanks. The sampling time and sample volume for each run of Methods 306 and 306A, appendix A of this part shall be at least 120 minutes and 1.70 dscm (60 dscf), respectively. Methods 306 and 306A, appendix A of this part allow the measurement of either total chromium or hexavalent chromium emissions. For the purposes of this standard, sources using chromic acid baths must demonstrate compliance with the emission limits of \u00a7 63.342 by measuring the total chromium.\n\n(2) The California Air Resources Board (CARB) Method 425 (which is available by contacting the California Air Resources Board, 1102 Q Street, Sacramento, California 95814) may be used to determine the chromium concentration from hard and decorative chromium electroplating tanks and chromium anodizing tanks if the following conditions are met:\n\n(i) If a colorimetric analysis method is used, the sampling time and volume shall be sufficient to result in 33 to 66 micrograms of catch in the sampling train.\n\n(ii) If Atomic Absorption Graphite Furnace (AAGF) or Ion Chromatography with a Post-column Reactor (ICPCR) analyses were used, the sampling time and volume should be sufficient to result in a sample catch that is 5 to 10 times the minimum detection limit of the analytical method (i.e., 1.0 microgram per liter of sample for AAGF and 0.5 microgram per liter of sample for ICPCR).\n\n(iii) In the case of either paragraph (c)(2) (i) or (ii) of this section, a minimum of 3 separate runs must be conducted. The other requirements of \u00a7 63.7 that apply to affected sources, as indicated in Table 1 of this subpart, must also be met.\n\n(3) Method 306B, \u201cSurface Tension Measurement and Recordkeeping for Tanks Used at Decorative Chromium Electroplating and Anodizing Facilities,\u201d appendix A of this part shall be used to measure the surface tension of electroplating and anodizing baths.\n\n(4) Alternate test methods may also be used if the method has been validated using Method 301, appendix A of this part and if approved by the Administrator. Procedures for requesting and obtaining approval are contained in \u00a7 63.7(f).\n\n(5) The South Coast Air Quality Management District (SCAQMD) Method 205.1 (which is available by contacting the South Coast AQMD, 21865 Copley Dr, Diamond Bar, CA 91765) may be used to determine the total chromium concentration from hard and decorative chromium electroplating tanks and chromium anodizing tanks.\n\n(d)  Establishing site-specific operating parameter values.  (1) Each owner or operator required to establish site-specific operating parameters shall follow the procedures in this section.\n\n(2) All monitoring equipment shall be installed such that representative measurements of emissions or process parameters from the affected source are obtained. For monitoring equipment purchased from a vendor, verification of the operational status of the monitoring equipment shall include execution of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system.\n\n(i) Specifications for differential pressure measurement devices used to measure velocity pressure shall be in accordance with section 2.2 of Method 2 (40 CFR part 60, appendix A).\n\n(ii) Specification for differential pressure measurement devices used to measure pressure drop across a control system shall be in accordance with manufacturer's accuracy specifications.\n\n(3) The surface tension of electroplating and anodizing baths shall be measured using Method 306B, \u201cSurface Tension Measurement and Recordkeeping for Tanks used at Decorative Chromium Electroplating and Anodizing Facilities,\u201d appendix A of this part. This method should also be followed when wetting agent type or combination wetting agent/foam blanket type fume suppressants are used to control chromium emissions from a hard chromium electroplating tank and surface tension measurement is conducted to demonstrate continuous compliance.\n\n(4) The owner or operator of a source required to measure the velocity pressure at the inlet to an add-on air pollution control device in accordance with \u00a7 63.343(c)(2), shall establish the site-specific velocity pressure as follows:\n\n(i) Locate a velocity traverse port in a section of straight duct that connects the hooding on the plating tank or tanks with the control device. The port shall be located as close to the control system as possible, and shall be placed a minimum of 2 duct diameters downstream and 0.5 diameter upstream of any flow disturbance such as a bend, expansion, or contraction (see Method 1, 40 CFR part 60, appendix A). If 2.5 diameters of straight duct work does not exist, locate the port 0.8 of the duct diameter downstream and 0.2 of the duct diameter upstream from any flow disturbance.\n\n(ii) A 12-point velocity traverse of the duct to the control device shall be conducted along a single axis according to Method 2 (40 CFR part 60, appendix A) using an S-type pitot tube; measurement of the barometric pressure and duct temperature at each traverse point is not required, but is suggested. Mark the S-type pitot tube as specified in Method 1 (40 CFR part 60, appendix A) with 12 points. Measure the velocity pressure (\u0394 p) values for the velocity points and record. Determine the square root of the individual velocity point \u0394 p values and average. The point with the square root value that comes closest to the average square root value is the point of average velocity. The \u0394 p value measured for this point during the performance test will be used as the reference for future monitoring.\n\n(5) The owner or operator of a source required to measure the pressure drop across the add-on air pollution control device in accordance with \u00a7 63.343(c) (1) through (4) may establish the pressure drop in accordance with the following guidelines:\n\n(i) Pressure taps shall be installed at any of the following locations:\n\n(A) At the inlet and outlet of the control system. The inlet tap should be installed in the ductwork just prior to the control device and the corresponding outlet pressure tap should be installed on the outlet side of the control device prior to the blower or on the downstream side of the blower;\n\n(B) On each side of the packed bed within the control system or on each side of each mesh pad within the control system; or\n\n(C) On the front side of the first mesh pad and back side of the last mesh pad within the control system.\n\n(ii) Pressure taps shall be sited at locations that are:\n\n(A) Free from pluggage as possible and away from any flow disturbances such as cyclonic demisters.\n\n(B) Situated such that no air infiltration at measurement site will occur that could bias the measurement.\n\n(iii) Pressure taps shall be constructed of either polyethylene, polybutylene, or other nonreactive materials.\n\n(iv) Nonreactive plastic tubing shall be used to connect the pressure taps to the device used to measure pressure drop.\n\n(v) Any of the following pressure gauges can be used to monitor pressure drop: a magnehelic gauge, an inclined manometer, or a \u201cU\u201d tube manometer.\n\n(vi) Prior to connecting any pressure lines to the pressure gauge(s), each gauge should be zeroed. No calibration of the pressure gauges is required.\n\n(e)  Special compliance provisions for multiple sources controlled by a common add-on air pollution control device.  (1) This section identifies procedures for measuring the outlet chromium concentration from an add-on air pollution control device that is used to control multiple sources that may or may not include sources not affected by this subpart.\n\n(2) When multiple affected sources performing the same type of operation (e.g., all are performing hard chromium electroplating), and subject to the same emission limitation, are controlled with an add-on air pollution control device that is not controlling emissions from any other type of affected operation or from any nonaffected sources, the applicable emission limitation identified in \u00a7 63.342 must be met at the outlet of the add-on air pollution control device.\n\n(3) When multiple affected sources performing the same type of operation and subject to the same emission limitation are controlled with a common add-on air pollution control device that is also controlling emissions from sources not affected by these standards, the following procedures should be followed to determine compliance with the applicable emission limitation in \u00a7 63.342:\n\n(i) Calculate the cross-sectional area of each inlet duct (i.e., uptakes from each hood) including those not affected by the standard.\n\n(ii) Determine the total sample time per test run by dividing the total inlet area from all tanks connected to the control system by the total inlet area for all ducts associated with affected sources, and then multiply this number by 2 hours. The calculated time is the minimum sample time required per test run.\n\n(iii) Perform Method 306 or 306A testing and calculate an outlet mass emission rate.\n\n(iv) Determine the total ventilation rate from the affected sources (VR inlet ) by using equation 1:\n\nwhere VR tot  is the average total ventilation rate in dscm/min for the three test runs as determined at the outlet by means of the Method 306 or 306A testing; IDA i  is the total inlet area for all ducts associated with affected sources; \u2211IA total  is the sum of all inlet duct areas from both affected and nonaffected sources; and VR inlet  is the total ventilation rate from all inlet ducts associated with affected sources.\n\nwhere VR tot  is the average total ventilation rate in dscm/min for the three test runs as determined at the outlet by means of the Method 306 or 306A testing; IDA i  is the total inlet area for all ducts associated with affected sources; \u2211IA total  is the sum of all inlet duct areas from both affected and nonaffected sources; and VR inlet  is the total ventilation rate from all inlet ducts associated with affected sources.\n\n(v) Establish the allowable mass emission rate of the system (AMR sys ) in milligrams of total chromium per hour (mg/hr) using equation 2:\n\nwhere \u03a3 VR inlet  is the total ventilation rate in dscm/min from the affected sources, and EL is the applicable emission limitation from \u00a7 63.342 in mg/dscm. The allowable mass emission rate (AMR sys ) calculated from equation 2 should be equal to or more than the outlet three-run average mass emission rate determined from Method 306 or 306A testing in order for the source to be in compliance with the standard.\n\nwhere \u03a3 VR inlet  is the total ventilation rate in dscm/min from the affected sources, and EL is the applicable emission limitation from \u00a7 63.342 in mg/dscm. The allowable mass emission rate (AMR sys ) calculated from equation 2 should be equal to or more than the outlet three-run average mass emission rate determined from Method 306 or 306A testing in order for the source to be in compliance with the standard.\n\n(4) When multiple affected sources performing different types of operations (e.g., hard chromium electroplating, decorative chromium electroplating, or chromium anodizing) are controlled by a common add-on air pollution control device that may or may not also be controlling emissions from sources not affected by these standards, or if the affected sources controlled by the common add-on air pollution control device perform the same operation but are subject to different emission limitations (e.g., because one is a new hard chromium plating tank and one is an existing small, hard chromium plating tank), the following procedures should be followed to determine compliance with the applicable emission limitation in \u00a7 63.342:\n\n(i) Follow the steps outlined in paragraphs (e)(3)(i) through (e)(3)(iii) of this section.\n\n(ii) Determine the total ventilation rate for each type of affected source (VR inlet ,a) using equation 3:\n\nwhere VR tot  is the average total ventilation rate in dscm/min for the three test runs as determined at the outlet by means of the Method 306 or 306A testing; IDA i,a  is the total inlet duct area for all ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation; \u2211IA total  is the sum of all duct areas from both affected and nonaffected sources; and VR inlet,a  is the total ventilation rate from all inlet ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation.\n\nwhere VR tot  is the average total ventilation rate in dscm/min for the three test runs as determined at the outlet by means of the Method 306 or 306A testing; IDA i,a  is the total inlet duct area for all ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation; \u2211IA total  is the sum of all duct areas from both affected and nonaffected sources; and VR inlet,a  is the total ventilation rate from all inlet ducts conveying chromic acid from each type of affected source performing the same operation, or each type of affected source subject to the same emission limitation.\n\n(iii) Establish the allowable mass emission rate in mg/hr for each type of affected source that is controlled by the add-on air pollution control device using equation 4, 5, 6, or 7 as appropriate:\n\nVR hc1  \u00d7 EL hc1  \u00d7 60 minutes/hour = AMR hc1   (4)\n\nVR hc2  \u00d7 EL hc2  \u00d7 60 minutes/hour = AMR hc2   (5)\n\nVR dc  \u00d7 EL dc  \u00d7 60  minutes/hour = AMR dc   (6)\n\nVR ca  \u00d7 EL ca  \u00d7 60  minutes/hour = AMR ca   (7)\n\nwhere \u201chc\u201d applies to the total of ventilation rates for all hard chromium electroplating tanks subject to the same emission limitation, \u201cdc\u201d applies to the total of ventilation rates for the decorative chromium electroplating tanks, \u201cca\u201d applies to the total of ventilation rates for the chromium anodizing tanks, and EL is the applicable emission limitation from \u00a7 63.342 in mg/dscm. There are two equations for hard chromium electroplating tanks because different emission limitations may apply (e.g., a new tank versus an existing, small tank).\n\nwhere \u201chc\u201d applies to the total of ventilation rates for all hard chromium electroplating tanks subject to the same emission limitation, \u201cdc\u201d applies to the total of ventilation rates for the decorative chromium electroplating tanks, \u201cca\u201d applies to the total of ventilation rates for the chromium anodizing tanks, and EL is the applicable emission limitation from \u00a7 63.342 in mg/dscm. There are two equations for hard chromium electroplating tanks because different emission limitations may apply (e.g., a new tank versus an existing, small tank).\n\n(iv) Establish the allowable mass emission rate of the system (AMR sys ) in milligrams of total chromium per hour (mg/hr) using equation 8, including each type of affected source as appropriate:\n\nThe allowable mass emission rate calculated from equation 8 should be equal to or more than the outlet three-run average mass emission rate determined from Method 306 or 306A testing in order for the source to be in compliance with the standards.\n\n(5) Each owner or operator that uses the special compliance provisions of this paragraph to demonstrate compliance with the emission limitations of \u00a7 63.342 shall submit the measurements and calculations to support these compliance methods with the notification of compliance status required by \u00a7 63.347(e).\n\n(6) Each owner or operator that uses the special compliance provisions of this section to demonstrate compliance with the emission limitations of \u00a7 63.342 shall repeat these procedures if a tank is added or removed from the control system regardless of whether that tank is a nonaffected source. If the new nonaffected tank replaces an existing nonaffected tank of the same size and is connected to the control system through the same size inlet duct then this procedure does not have to be repeated.\n\n(f)  Compliance provisions for the mass rate emission standard for enclosed hard chromium electroplating tanks.  (1) This section identifies procedures for calculating the maximum allowable mass emission rate for owners or operators of affected sources who choose to meet the mass emission rate standard in \u00a7 63.342(c)(2)(iv) or (v).\n\n(i)(A) The owner or operator of an enclosed hard chromium electroplating tank that is an existing affected source and is located at a large hard chromium electroplating facility who chooses to meet the mass emission rate standard in \u00a7 63.342(c)(2)(iv) shall determine compliance by not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate calculated using equation 9:\n\n(B) Compliance with the alternative mass emission limit is demonstrated if the three-run average mass emission rate determined from Method 306 testing is less than or equal to the maximum allowable mass emission rate calculated from equation 9.\n\n(ii)(A) The owner or operator of an enclosed hard chromium electroplating tank that is an existing affected source located at a small hard chromium electroplating facility who chooses to meet the mass emission rate standard in \u00a7 63.342(c)(2)(v) shall determine compliance by not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate calculated using equation 10:\n\n(B) Compliance with the alternative mass emission limit is demonstrated if the three-run average mass emission rate determined from testing using Method 306 of appendix A to part 63 is less than or equal to the maximum allowable mass emission rate calculated from equation 10.\n\n(iii)(A) The owner or operator of an enclosed hard chromium electroplating tank that is a new source who chooses to meet the mass emission rate standard in \u00a7 63.342(c)(2)(vii) shall determine compliance by not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate calculated using equation 11:\n\n(B) Compliance with the alternative mass emission limit is demonstrated if the three-run average mass emission rate determined from testing using Method 306 or 306A of appendix A to part 63 is less than or equal to the maximum allowable mass emission rate calculated from equation 11."], ["40:40:11.0.1.1.1.14.8.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.345 Provisions for new and reconstructed sources.", "EPA", "", "", "", "(a) This section identifies the preconstruction review requirements for new and reconstructed affected sources that are subject to, or become subject to, this subpart.\n\n(b)  New or reconstructed affected sources.  The owner or operator of a new or reconstructed affected source is subject to \u00a7 63.5(a), (b)(1), (b)(5), (b)(6), and (f)(1), as well as the provisions of this paragraph.\n\n(1) After January 25, 1995, whether or not an approved permit program is effective in the State in which an affected source is (or would be) located, no person may construct a new affected source or reconstruct an affected source subject to this subpart, or reconstruct a source such that it becomes an affected source subject to this subpart, without submitting a notification of construction or reconstruction to the Administrator. The notification shall contain the information identified in paragraphs (b) (2) and (3) of this section, as appropriate.\n\n(2) The notification of construction or reconstruction required under paragraph (b)(1) of this section shall include:\n\n(i) The owner or operator's name, title, and address;\n\n(ii) The address (i.e., physical location) or proposed address of the affected source if different from the owner's or operator's;\n\n(iii) A notification of intention to construct a new affected source or make any physical or operational changes to an affected source that may meet or has been determined to meet the criteria for a reconstruction as defined in \u00a7 63.2;\n\n(iv) An identification of subpart N of this part as the basis for the notification;\n\n(v) The expected commencement and completion dates of the construction or reconstruction;\n\n(vi) The anticipated date of (initial) startup of the affected source;\n\n(vii) The type of process operation to be performed (hard or decorative chromium electroplating, or chromium anodizing);\n\n(viii) A description of the air pollution control technique to be used to control emissions from the affected source, such as preliminary design drawings and design capacity if an add-on air pollution control device is used; and\n\n(ix) An estimate of emissions from the source based on engineering calculations and vendor information on control device efficiency, expressed in units consistent with the emission limits of this subpart. Calculations of emission estimates should be in sufficient detail to permit assessment of the validity of the calculations.\n\n(3) If a reconstruction is to occur, the notification required under paragraph (b)(1) of this section shall include the following in addition to the information required in paragraph (b)(2) of this section:\n\n(i) A brief description of the affected source and the components to be replaced;\n\n(ii) A brief description of the present and proposed emission control technique, including the information required by paragraphs (b)(2) (viii) and (ix) of this section;\n\n(iii) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source;\n\n(iv) The estimated life of the affected source after the replacements; and\n\n(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.\n\n(vi) If in the notification 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 requirements, the owner or operator need not submit the information required in paragraphs (b)(3) (iii) through (v) of this section.\n\n(4) The owner or operator of a new or reconstructed affected source that submits a notification in accordance with paragraphs (b) (1) through (3) of this section is not subject to approval by the Administrator. Construction or reconstruction is subject only to notification and can begin upon submission of a complete notification.\n\n(5)  Submittal timeframes.  After January 25, 1995, whether or not an approved permit program is effective in the State in which an affected source is (or would be) located, an owner or operator of a new or reconstructed affected source shall submit the notification of construction or reconstruction required by paragraph (b)(1) of this section according to the following schedule:\n\n(i) If construction or reconstruction commences after January 25, 1995, the notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence.\n\n(ii) If the construction or reconstruction had commenced and initial startup had not occurred before January 25, 1995, the notification shall be submitted as soon as practicable before startup but no later than 60 days after January 25, 1995."], ["40:40:11.0.1.1.1.14.8.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.346 Recordkeeping requirements.", "EPA", "", "", "[60 FR 4963, Jan. 25, 1995, as amended at 77 FR 58248, Sept. 19, 2012]", "(a) The owner or operator of each affected source subject to these standards shall fulfill all recordkeeping requirements outlined in this section and in the General Provisions to 40 CFR part 63, according to the applicability of subpart A of this part as identified in Table 1 of this subpart.\n\n(b) The owner or operator of an affected source subject to the provisions of this subpart shall maintain the following records for such source:\n\n(1) Inspection records for the add-on air pollution control device, if such a device is used, and monitoring equipment, to document that the inspection and maintenance required by the work practice standards of \u00a7 63.342(f) and Table 1 of \u00a7 63.342 have taken place. The record can take the form of a checklist and should identify the device inspected, the date of inspection, a brief description of the working condition of the device during the inspection, and any actions taken to correct deficiencies found during the inspection.\n\n(2) Records of all maintenance performed on the affected source, the add-on air pollution control device, and monitoring equipment, except routine housekeeping practices;\n\n(3) Records of the occurrence, duration, and cause (if known) of each malfunction of process, add-on air pollution control, and monitoring equipment;\n\n(4) Records of actions taken during periods of malfunction to minimize emissions in accordance with \u00a7 63.342(a)(1), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation;\n\n(5) Other records, which may take the form of checklists, necessary to demonstrate consistency with the provisions of the operation and maintenance plan required by \u00a7 63.342(f)(3);\n\n(6) Test reports documenting results of all performance tests;\n\n(7) All measurements as may be necessary to determine the conditions of performance tests, including measurements necessary to determine compliance with the special compliance procedures of \u00a7 63.344(e);\n\n(8) Records of monitoring data required by \u00a7 63.343(c) that are used to demonstrate compliance with the standard including the date and time the data are collected;\n\n(9) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions, as indicated by monitoring data, that occurs during malfunction of the process, add-on air pollution control, or monitoring equipment;\n\n(10) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions, as indicated by monitoring data, that occurs during periods other than malfunction of the process, add-on air pollution control, or monitoring equipment;\n\n(11) The total process operating time of the affected source during the reporting period;\n\n(12) Records of the actual cumulative rectifier capacity of hard chromium electroplating tanks at a facility expended during each month of the reporting period, and the total capacity expended to date for a reporting period, if the owner or operator is using the actual cumulative rectifier capacity to determine facility size in accordance with \u00a7 63.342(c)(2);\n\n(13) For sources using fume suppressants to comply with the standards, records of the date and time that fume suppressants are added to the electroplating or anodizing bath and records of the fume suppressant manufacturer and product name;\n\n(14) For sources complying with \u00a7 63.342(e), records of the bath components purchased, with the wetting agent clearly identified as a bath constituent contained in one of the components;\n\n(15) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements, if the source has been granted a waiver under \u00a7 63.10(f); and\n\n(16) All documentation supporting the notifications and reports required by \u00a7 63.9, \u00a7 63.10, and \u00a7 63.347.\n\n(c) All records shall be maintained for a period of 5 years in accordance with \u00a7 63.10(b)(1)."], ["40:40:11.0.1.1.1.14.8.8", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.347 Reporting requirements.", "EPA", "", "", "[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 62 FR 4465, Jan. 30, 1997, 62 FR 42921, Aug. 11, 1997; 69 FR 42897, July 19, 2004; 77 FR 58248, Sept. 19, 2012; 85 FR 73888, Nov. 19, 2020]", "(a) The owner or operator of each affected source subject to these standards shall fulfill all reporting requirements outlined in this section and in the General Provisions to 40 CFR part 63, according to the applicability of subpart A as identified in Table 1 of this subpart. These reports shall be made to the Administrator at the appropriate address as identified in \u00a7 63.13 or to the delegated State authority.\n\n(1) Reports required by subpart A of this part and this section may be sent by U.S. mail, fax, or by another courier.\n\n(i) Submittals sent by U.S. mail shall be postmarked on or before the specified date.\n\n(ii) Submittals sent by other methods shall be received by the Administrator on or before the specified date.\n\n(2) If acceptable to both the Administrator and the owner or operator of an affected source, reports may be submitted on electronic media.\n\n(b) The reporting requirements of this section apply to the owner or operator of an affected source when such source becomes subject to the provisions of this subpart.\n\n(c)  Initial notifications.  (1) The owner or operator of an affected source that has an initial startup before January 25, 1995, shall notify the Administrator in writing that the source is subject to this subpart. The notification shall be submitted no later than 180 calendar days after January 25, 1995, or no later than 120 days after the source becomes subject to this subpart, whichever is later, and shall contain the following information:\n\n(i) The name, title, and address of the owner or operator;\n\n(ii) The address (i.e., physical location) of each affected source;\n\n(iii) A statement that subpart N of this part is the basis for this notification;\n\n(iv) Identification of the applicable emission limitation and compliance date for each affected source;\n\n(v) A brief description of each affected source, including the type of process operation performed;\n\n(vi) For sources performing hard chromium electroplating, the maximum potential cumulative potential rectifier capacity;\n\n(vii) For sources performing hard chromium electroplating, a statement of whether the affected source(s) is located at a small or a large, hard chromium electroplating facility and whether this will be demonstrated through actual or maximum potential cumulative rectifier capacity;\n\n(viii) For sources performing hard chromium electroplating, a statement of whether the owner or operator of an affected source(s) will limit the maximum potential cumulative rectifier capacity in accordance with \u00a7 63.342(c)(2) such that the hard chromium electroplating facility is considered small; and\n\n(ix) A statement of whether the affected source is located at a major source or an area source as defined in \u00a7 63.2.\n\n(2) The owner or operator of a new or reconstructed affected source that has an initial startup after January 25, 1995 shall submit an initial notification (in addition to the notification of construction or reconstruction required by \u00a7 63.345(b) as follows:\n\n(i) A notification of the date when construction or reconstruction was commenced, shall be submitted simultaneously with the notification of construction or reconstruction, if construction or reconstruction was commenced before January 25, 1995;\n\n(ii) A notification of the date when construction or reconstruction was commenced, shall be submitted no later than 30 calendar days after such date, if construction or reconstruction was commenced after January 25, 1995; and\n\n(iii) A notification of the actual date of startup of the source shall be submitted within 30 calendar days after such date.\n\n(d)  Notification of performance test.  (1) The owner or operator of an affected source shall notify the Administrator in writing of his or her intention to conduct a performance test at least 60 calendar days before the test is scheduled to begin to allow the Administrator to have an observer present during the test. Observation of the performance test by the Administrator is optional.\n\n(2) In the event the owner or operator is unable to conduct the performance test as scheduled, the provisions of \u00a7 63.7(b)(2) apply.\n\n(e)  Notification of compliance status.  (1) A notification of compliance status is required each time that an affected source becomes subject to the requirements of this subpart.\n\n(2) If the State in which the source is located has not been delegated the authority to implement the rule, each time a notification of compliance status is required under this part, the owner or operator of an affected source shall submit to the Administrator a notification of compliance status, signed by the responsible official (as defined in \u00a7 63.2) who shall certify its accuracy, attesting to whether the affected source has complied with this subpart. If the State has been delegated the authority, the notification of compliance status shall be submitted to the appropriate authority. The notification shall list for each affected source:\n\n(i) The applicable emission limitation and the methods that were used to determine compliance with this limitation;\n\n(ii) If a performance test is required by this subpart, the test report documenting the results of the performance test, which contains the elements required by \u00a7 63.344(a), including measurements and calculations to support the special compliance provisions of \u00a7 63.344(e) if these are being followed;\n\n(iii) The type and quantity of hazardous air pollutants emitted by the source reported in mg/dscm or mg/hr if the source is using the special provisions of \u00a7 63.344(e) to comply with the standards. (If the owner or operator is subject to the construction and reconstruction provisions of \u00a7 63.345 and had previously submitted emission estimates, the owner or operator shall state that this report corrects or verifies the previous estimate.) For sources not required to conduct a performance test in accordance with \u00a7 63.343(b), the surface tension measurement may fulfill this requirement;\n\n(iv) For each monitored parameter for which a compliant value is to be established under \u00a7 63.343(c), the specific operating parameter value, or range of values, that corresponds to compliance with the applicable emission limit;\n\n(v) The methods that will be used to determine continuous compliance, including a description of monitoring and reporting requirements, if methods differ from those identified in this subpart;\n\n(vi) A description of the air pollution control technique for each emission point;\n\n(vii) A statement that the owner or operator has completed and has on file the operation and maintenance plan as required by the work practice standards in \u00a7 63.342(f);\n\n(viii) If the owner or operator is determining facility size based on actual cumulative rectifier capacity in accordance with \u00a7 63.342(c)(2), records to support that the facility is small. For existing sources, records from any 12-month period preceding the compliance date shall be used or a description of how operations will change to meet a small designation shall be provided. For new sources, records of projected rectifier capacity for the first 12-month period of tank operation shall be used;\n\n(ix) A statement by the owner or operator of the affected source as to whether the source has complied with the provisions of this subpart.\n\n(3) For sources required to conduct a performance test by \u00a7 63.343(b), the notification of compliance status shall be submitted to the Administrator no later than 90 calendar days following completion of the compliance demonstration required by \u00a7 63.7 and \u00a7 63.343(b).\n\n(4) For sources that are not required to complete a performance test in accordance with \u00a7 63.343(b), the notification of compliance status shall be submitted to the Administrator no later than 30 days after the compliance date specified in \u00a7 63.343(a), except the date on which sources in California shall monitor the surface tension of the anodizing bath is extended to January 25, 1998.\n\n(f)  Reports of performance test results.  (1) If the State in which the source is located has not been delegated the authority to implement the rule, the owner or operator of an affected source shall report to the Administrator the results of any performance test conducted as required by \u00a7 63.7 or \u00a7 63.343(b). If the State has been delegated the authority, the owner or operator of an affected source should report performance test results to the appropriate authority.\n\n(2) Reports of performance test results shall be submitted no later than 90 days following the completion of the performance test, and shall be submitted as part of the notification of compliance status required by paragraph (e) of this section.\n\n(3)(i) Within 60 days after the date of completing each performance test (defined in \u00a7 63.2) as required by this subpart, you must submit the results of the performance tests, including any associated fuel analyses, required by this subpart to the EPA's WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through the EPA's Central Data Exchange (CDX) ( www.epa.gov/cdx ). Performance test data must be submitted in the file format generated through use of the EPA's Electronic Reporting Tool (ERT) (see  http://www.epa.gov/ttn/chief/ert/index.html ). Only data collected using test methods on the ERT Web site are subject to this requirement for submitting reports electronically to WebFIRE. Owners or operators who claim that some of the information being submitted for performance tests is confidential business information (CBI) must submit a complete ERT file including information claimed to be CBI on a compact disk, flash drive or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be submitted to the EPA via CDX as described earlier in this paragraph. At the discretion of the delegated authority, you must also submit these reports, including the confidential business information, to the delegated authority in the format specified by the delegated authority. For any performance test conducted using test methods that are not listed on the ERT Web site, the owner or operator shall submit the results of the performance test to the Administrator at the appropriate address listed in \u00a7 63.13.\n\n(g)  Ongoing compliance status reports for major sources.  (1) The owner or operator of an affected source that is located at a major source site shall submit a summary report to the Administrator to document the ongoing compliance status of the affected source. The report shall contain the information identified in paragraph (g)(3) of this section, and shall be submitted semiannually except when:\n\n(i) 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\n\n(ii) The monitoring data collected by the owner or operator of the affected source in accordance with \u00a7 63.343(c) show that the emission limit has been exceeded, in which case quarterly reports shall be submitted. Once an owner or operator of an affected source reports an exceedance, ongoing compliance status reports shall be submitted quarterly until a request to reduce reporting frequency under paragraph (g)(2) of this section is approved.\n\n(2)  Request to reduce frequency of ongoing compliance status reports.  (i) An owner or operator who is required to submit ongoing compliance status reports on a quarterly (or more frequent basis) may reduce the frequency of reporting to semiannual if all of the following conditions are met:\n\n(A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting periods), the ongoing compliance status reports demonstrate that the affected source is in compliance with the relevant emission limit;\n\n(B) The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of subpart A of this part and this subpart; and\n\n(C) The Administrator does not object to a reduced reporting frequency for the affected source, as provided in paragraphs (g)(2) (ii) and (iii) of this section.\n\n(ii) The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change, and the Administrator does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the Administrator may review information concerning the source's entire previous performance history during the 5-year recordkeeping period prior to the intended change, or the recordkeeping period since the source's compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data, and evaluations of an owner or operator's conformance with emission limitations and work practice standards. 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 reporting frequency, 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.\n\n(iii) As soon as the monitoring data required by \u00a7 63.343(c) show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to quarterly, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the Administrator to reduce the reporting frequency as allowed by paragraph (g)(2) of this section.\n\n(3)  Contents of ongoing compliance status reports.  The owner or operator of an affected source for which compliance monitoring is required in accordance with \u00a7 63.343(c) shall prepare a summary report to document the ongoing compliance status of the source. The report must contain the following information:\n\n(i) The company name and address of the affected source;\n\n(ii) An identification of the operating parameter that is monitored for compliance determination, as required by \u00a7 63.343(c);\n\n(iii) The relevant emission limitation for the affected source, and the operating parameter value, or range of values, that correspond to compliance with this emission limitation as specified in the notification of compliance status required by paragraph (e) of this section;\n\n(iv) The beginning and ending dates of the reporting period;\n\n(v) A description of the type of process performed in the affected source;\n\n(vi) The total operating time of the affected source during the reporting period;\n\n(vii) If the affected source is a hard chromium electroplating tank and the owner or operator is limiting the maximum cumulative rectifier capacity in accordance with \u00a7 63.342(c)(2), the actual cumulative rectifier capacity expended during the reporting period, on a month-by-month basis;\n\n(viii) A summary of operating parameter values, including the total duration of excess emissions during the reporting period as indicated by those values, 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 process upsets, control equipment malfunctions, other known causes, and unknown causes;\n\n(ix) A certification by a responsible official, as defined in \u00a7 63.2, that the work practice standards in \u00a7 63.342(f) were followed in accordance with the operation and maintenance plan for the source;\n\n(x) If the operation and maintenance plan required by \u00a7 63.342(f)(3) was not followed, an explanation of the reasons for not following the provisions, an assessment of whether any excess emission and/or parameter monitoring exceedances are believed to have occurred, and a copy of the report(s) required by \u00a7 63.342(f)(3)(iv) documenting that the operation and maintenance plan was not followed;\n\n(xi) A description of any changes in monitoring, processes, or controls since the last reporting period;\n\n(xii) 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. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with \u00a7 63.342(a)(1), including actions taken to correct a malfunction.\n\n(xiii) The name, title, and signature of the responsible official who is certifying the accuracy of the report; and\n\n(xiv) The date of the report.\n\n(4) When more than one monitoring device is used to comply with the continuous compliance monitoring required by \u00a7 63.343(c), the owner or operator shall report the results as required for each monitoring device. However, when one monitoring device is used as a backup for the primary monitoring device, the owner or operator shall only report the results from the monitoring device used to meet the monitoring requirements of this subpart. If both devices are used to meet these requirements, then the owner or operator shall report the results from each monitoring device for the relevant compliance period.\n\n(h)  Ongoing compliance status reports for area sources.  The requirements of this paragraph do not alleviate affected area sources from complying with the requirements of State or Federal operating permit programs under 40 CFR part 71.\n\n(1) The owner or operator of an affected source that is located at an area source site shall prepare a summary report to document the ongoing compliance status of the affected source. The report shall contain the information identified in paragraph (g)(3) of this section, shall be completed annually and retained on site, and made available to the Administrator upon request. The report shall be completed annually except as provided in paragraph (h)(2) of this section.\n\n(2)  Reports of exceedances.  (i) If either of the following conditions is met, semiannual reports shall be prepared and submitted to the Administrator:\n\n(A) The total duration of excess emissions (as indicated by the monitoring data collected by the owner or operator of the affected source in accordance with \u00a7 63.343(c)) is 1 percent or greater of the total operating time for the reporting period; or\n\n(B) The total duration of malfunctions of the add-on air pollution control device and monitoring equipment is 5 percent or greater of the total operating time.\n\n(ii) Once an owner or operator of an affected source reports an exceedance as defined in paragraph (h)(2)(i) of this section, ongoing compliance status reports shall be submitted semiannually until a request to reduce reporting frequency under paragraph (h)(3) of this section is approved.\n\n(iii) The Administrator may determine on a case-by-case basis that the summary report shall be completed more frequently and submitted, or that the annual report shall be submitted instead of being retained on site, if these measures are necessary to accurately assess the compliance status of the source.\n\n(3)  Request to reduce frequency of ongoing compliance status reports.  (i) An owner or operator who is required to submit ongoing compliance status reports on a semiannual (or more frequent) basis, or is required to submit its annual report instead of retaining it on site, may reduce the frequency of reporting to annual and/or be allowed to maintain the annual report onsite if all of the following conditions are met:\n\n(A) For 1 full year (e.g., 2 semiannual or 4 quarterly reporting periods), the ongoing compliance status reports demonstrate that the affected source is in compliance with the relevant emission limit;\n\n(B) The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of subpart A of this part and this subpart; and\n\n(C) The Administrator does not object to a reduced reporting frequency for the affected source, as provided in paragraphs (h)(3) (ii) and (iii) of this section.\n\n(ii) The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change, and the Administrator does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the Administrator may review information concerning the source's previous performance history during the 5-year recordkeeping period prior to the intended change, or the recordkeeping period since the source's compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data, and evaluations of an owner or operator's conformance with emission limitations and work practice standards. Such information may be used by the Administrator to make a judgement about the source's potential for noncompliance in the future. If the Administrator disapproves the owner or operator's request to reduce reporting frequency, 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.\n\n(iii) As soon as the monitoring data required by \u00a7 63.343(c) show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to semiannual, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the Administrator to reduce the reporting frequency as allowed by paragraph (h)(3) of this section.\n\n(i)  Reports associated with trivalent chromium baths.  The requirements of this paragraph do not alleviate affected sources from complying with the requirements of State or Federal operating permit programs under title V. Owners or operators complying with the provisions of \u00a7 63.342(e) are not subject to paragraphs (a) through (h) of this section, but must instead submit the following reports:\n\n(1) Within 180 days after January 25, 1995, submit an initial notification that includes:\n\n(i) The same information as is required by paragraphs (c)(1) (i) through (v) of this section; and\n\n(ii) A statement that a trivalent chromium process that incorporates a wetting agent will be used to comply with \u00a7 63.342(e); and\n\n(iii) The list of bath components that comprise the trivalent chromium bath, with the wetting agent clearly identified; and\n\n(2) Within 30 days of the compliance date specified in \u00a7 63.343(a), a notification of compliance status that contains an update of the information submitted in accordance with paragraph (i)(1) of this section or a statement that the information is still accurate; and\n\n(3) Within 30 days of a change to the trivalent chromium electroplating process, a report that includes:\n\n(i) A description of the manner in which the process has been changed and the emission limitation, if any, now applicable to the affected source;\n\n(ii) If a different emission limitation applies, the applicable information required by paragraph (c)(1) of this section; and\n\n(iii) The notification and reporting requirements of paragraphs (d), (e), (f), (g), and (h) of this section, which shall be submitted in accordance with the schedules identified in those paragraphs."], ["40:40:11.0.1.1.1.14.8.9", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "N", "Subpart N\u2014National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks", "", "\u00a7 63.348 Implementation and enforcement.", "EPA", "", "", "[68 FR 37347, June 23, 2003]", "(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.\n\n(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.\n\n(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.\n\n(1) Approval of alternatives to the requirements in \u00a7\u00a7 63.340, 63.342(a) through (e) and (g), and 63.343(a).\n\n(2) Approval of major alternatives to test methods under \u00a7 63.7(e)(2)(ii) and (f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(3) Approval of major alternatives to monitoring under \u00a7 63.8(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(4) Approval of major alternatives to recordkeeping and reporting under \u00a7 63.10(f), as defined in \u00a7 63.90, and as required in this subpart."], ["40:40:11.0.1.1.1.15.8.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.360 Applicability.", "EPA", "", "", "", "(a) You are subject to the requirements of this subpart if you own or operate a sterilization facility that has an affected source specified in paragraph (b) of this section. Table 6 to this subpart shows which parts of the General Provisions in \u00a7\u00a7 63.1 through 63.15 apply to you.\n\n(b) The affected sources subject to this subpart are:\n\n(1) Each SCV at any sterilization facility;\n\n(2) Each ARV at any sterilization facility;\n\n(3) Each CEV at any sterilization facility;\n\n(4) The collection of all Group 1 room air emissions at any sterilization facility; and\n\n(5) The collection of all Group 2 room air emissions at any sterilization facility.\n\n(c) An existing affected source is one the construction or reconstruction of which was commenced on or before April 13, 2023.\n\n(d) A new affected source is one the construction or reconstruction of which is commenced after April 13, 2023.\n\n(e) An SCV, ARV, or CEV is reconstructed if you meet the reconstruction criteria as defined in \u00a7 63.2, and if you commence reconstruction after April 13, 2023.\n\n(f) This subpart does not apply to beehive fumigators.\n\n(g) This subpart does not apply to research or laboratory facilities as defined in section 112(c)(7) of title III of the Clean Air Act Amendment of 1990.\n\n(h) This subpart does not apply to EtO sterilization operations at stationary sources such as hospitals, doctor's offices, clinics, or other facilities whose primary purpose is to provide medical or dental services to humans or animals.\n\n(i) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources.\n\n(j) You must comply with the provisions of this subpart no later than the dates specified in paragraphs (j)(1) through (17) of this section:\n\n(1) If you own or operate an existing affected source, you must comply with the applicable provisions of this subpart no later than the dates specified in tables 1 through 5 to this subpart, as applicable.\n\n(2) If you own or operate a new affected source, and the initial startup of your affected source is on or before April 5, 2024, you must comply with the provisions of this subpart no later than April 5, 2024.\n\n(3) If you own or operate a new affected source, and the initial startup is after April 5, 2024, you must comply with the provisions of this subpart upon startup of your affected source.\n\n(4) If existing SCV, ARV, or CEV or parts of an existing collection of Group 1 or Group 2 room air emissions are replaced such that the replacement meets the definition of reconstruction in \u00a7 63.2 and the reconstruction commenced after April 13, 2023, then the existing affected source becomes a new affected source. The reconstructed source must comply with the requirements for a new affected source upon initial startup of the reconstructed source or by April 5, 2024, whichever is later.\n\n(5) All existing SCVs at facilities that meet or exceed 1 tpy of EtO use within any consecutive 12-month period after April 7, 2025, that increase their EtO use after April 6, 2026, such that the SCV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(6) All existing SCVs at facilities that do not exceed 1 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use thereafter, such that the SCV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(7) All new SCVs at facilities that increase their EtO use over a year after startup such that the SCV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(8) All existing ARVs at facilities that meet or exceed 10 tpy of EtO use within any consecutive 12-month period after April 7, 2025, that increase their EtO use after April 6, 2026, such that the ARV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(9) All existing ARVs at facilities that do not exceed 10 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use after thereafter, such that the ARV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(10) All new ARVs at facilities that increase their EtO use over a year after startup such that the ARV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(11) All existing CEVs at facilities that do not exceed 60 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use thereafter, such that the CEV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(12) All new CEVs at facilities that increase their EtO use over a year after startup such that the CEV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(13) All existing collections of Group 1 room air emissions at facilities that do not exceed 40 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use thereafter, such that the collection of Group 1 room air emissions becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(14) All new Group 1 room air emissions at facilities that increase their EtO use over a year after startup such that the Group 1 room air emissions become subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(15) All existing collections of Group 2 room air emissions at facilities that meet or exceed 4 tpy of EtO use within any consecutive 12-month period after April 7, 2025, that increase their EtO use after April 6, 2026, such that the collection of Group 2 room air emissions becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(16) All existing collections of Group 2 room air emissions at facilities that do not exceed 4 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use thereafter, such that the collection of Group 2 room air emissions becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard.\n\n(17) All new Group 2 room air emissions at facilities that increase their EtO use over a year after startup such that the Group 2 room air emissions become subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard."], ["40:40:11.0.1.1.1.15.8.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.361 Definitions.", "EPA", "", "", "", "Terms and nomenclature used in this subpart are defined in the Clean Air Act (the Act) as amended in 1990, \u00a7\u00a7 63.2 and 63.3, or in this section. For the purposes of this subpart, 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.\n\nAcid-water scrubber  means an add-on air pollution control device that uses an aqueous or alkaline scrubbing liquor to absorb and neutralize acid gases.\n\nAeration  means, for the purposes of this rule, exposing sterilized material at elevated temperatures to drive EtO out of the material.\n\nAeration room  means any vessel or room that is used to facilitate off-gassing of EtO at a sterilization facility. If a facility uses only combination sterilization units, for the purposes of this rule, there are no aeration rooms at the facility.\n\nAeration room vent (ARV)  means the point(s) through which the evacuation of EtO-laden air from an aeration room occurs. For combination sterilization units, there is no ARV.\n\nCatalytic oxidizer  means a combustion device that uses a solid-phase catalyst to lower the temperature required to promote the oxidization and achieve adequate reduction of volatile organic compounds, as well as volatile hazardous air pollutants.\n\nChamber exhaust vent (CEV)  means the point(s) through which EtO-laden air is removed from the sterilization chamber during chamber unloading following the completion of sterilization and associated air washes. This may also be referred to as a \u201cbackvent\u201d (or \u201cback vent\u201d). For combination sterilization units, there is no CEV.\n\nCombination sterilization unit  means any enclosed vessel in which both sterilization and aeration of the same product occur within the same vessel,  i.e.,  the vessel is filled with ethylene oxide gas or an ethylene oxide/inert gas mixture for the purpose of sterilizing and is followed by aeration of ethylene oxide.\n\nCombined emission stream  means when the emissions from more than one emission source are routed together using common ductwork prior to the control system.\n\nContinuous monitoring system (CMS)  means, for the purposes of this rule, the equipment necessary to continuously samples the regulated parameter specified in \u00a7 63.364 or \u00a7 63.365 of this subpart without interruption, evaluates the detector response at least once every 15 seconds, and computes and records the average value at least every 60 seconds, except during allowable periods of calibration and except as defined otherwise by the continuous emission monitoring system (CEMS) performance specifications (PS) in appendix B to part 60 of this chapter.\n\nControl System Residence Time  means the time elapsed from entrance of flow into the control system until gaseous materials exit the control system. For control systems with multiple exhaust streams whereby the residence time may vary for the streams, the residence time for purposes of complying with this subpart means the longest residence time for any exhaust stream in use. If a peak shaver is used, it is part of the control system, and its residence time must be considered.\n\nDeviation  means any instance in which an owner or operator of an affected source, subject to this subpart:\n\n(1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation, parameter value, or best management practice; or\n\n(2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart or that is included in the operating permit for any facility required to obtain such a permit.\n\nEtO dispensing  means charging a sterilization chamber or chambers with EtO from non-cartridge storage media ( e.g.,  drums, cylinders) via the use of piping, lines, and other equipment. This includes injection rooms and post-injection handling of containers.\n\nGas/solid reactor  means an add-on air pollution control device that uses a dry, solid-phase system to chemically convert EtO so that it becomes bound to the solid packing. This may also be referred to as a \u201cdry bed reactor\u201d or a \u201cdry bed scrubber.\u201d\n\nGroup 1 room air emissions  mean emissions from indoor EtO storage, EtO dispensing, vacuum pump operations, and pre-aeration handling of sterilized material.\n\nGroup 2 room air emissions  mean emissions from post-aeration handling of sterilized material.\n\nIndoor EtO storage  means the storage of EtO within non-cartridge media ( e.g.,  drums, cylinders) inside a sterilization building.\n\nInitial startup  means the moment when an affected source subject to an emissions standard in \u00a7 63.362 first begins operation.\n\nInjection room  means any room where EtO is injected into containers ( e.g.,  bags, pouches) that are filled with product to be sterilized.\n\nMaximum ethylene glycol concentration  means the concentration of ethylene glycol in the scrubber liquor of an acid-water scrubber control device established during a performance test when the scrubber achieves the appropriate control of EtO emissions.\n\nMaximum gas/solid reactor pressure drop  means the pressure drop of the gas/solid reactor established during a performance test when the gas/solid reactor achieves the appropriate control of EtO emissions.\n\nMaximum liquor tank level  means the level of scrubber liquor in the acid-water scrubber liquor recirculation tank established during a performance test when the scrubber achieves the appropriate control of EtO emissions.\n\nMaximum scrubber liquor pH  means the pH of the acid-water scrubber liquor established during a performance test when the scrubber achieves the appropriate control of EtO emissions.\n\nMinimum stack volumetric flow rate  means the stack volumetric flow rate corrected established during a compliance demonstration when permanent total enclosure (PTE) requirements are met.\n\nMinimum temperature at the inlet to the catalyst bed  means the temperature at the inlet to the catalyst bed established during a performance test when the catalytic oxidizer achieves the appropriate control of EtO emissions.\n\nMinimum temperature difference across the catalyst bed  means the temperature difference across the catalyst bed established during a performance test when the catalytic oxidizer achieves the appropriate control of EtO emissions.\n\nMinimum temperature in or immediately downstream of the firebox  means the temperature in or immediately downstream of the firebox established during a performance test when the thermal oxidizer achieves the appropriate control of EtO emissions.\n\nNatural draft opening (NDO)  means any permanent opening in the enclosure that remains open during operation of the facility and is not connected to a duct in which a fan is installed.\n\nOperating day  means any day that a facility is engaged in a sterilization operation.\n\nPeak shaver  means a device that is used to reduce high EtO concentrations within an exhaust stream such that the downstream control device is not overwhelmed.\n\nPermanent total enclosure (PTE)  means a permanently installed enclosure that meets the criteria of Method 204 of appendix M, 40 CFR part 51 for a PTE. A PTE completely surrounds a source of emissions such that all EtO emissions are captured, contained, and directed to a control system or to an outlet(s).\n\nPost-aeration handling of sterilized material  means the storage and transportation of material that has been removed from aeration but has not been placed in a vehicle for the sole purpose of distribution to another facility. Post-aeration handling of sterilized material ends when that vehicle is closed for the final time before leaving the facility. This definition does not include handling of material that has been both previously sterilized and not removed from aeration following re-sterilization.\n\nPost-injection handling of containers  means the storage and transportation of containers ( e.g.,  bags, pouches) that have been injected with EtO but have not been placed in a sterilization chamber.\n\nPre-aeration handling of sterilized material  means the storage and transportation of material that has been removed from a sterilization chamber but has not been placed in an aeration room. If only combination sterilization units are used, and if material is not moved out of the vessel between sterilization and aeration, then emissions from this source do not exist. This does not include post-injection handling of containers.\n\nRolling sum  means the weighted sum of all data, meeting QA/QC requirements or otherwise normalized, collected during the applicable rolling time period. The period of a rolling sum stipulates the frequency of data collection, summing, and reporting. As an example, to demonstrate compliance with a rolling 30-operating day sum emission reduction standard determined from hourly data, you must (1) determine the total mass of ethylene oxide prior to control and following control for each operating day; (2) then sum the current daily total mass prior to control with the previous 29 operating day total mass values and repeat the same process for the current daily total mass following control; and (3) then divide the 30-operating day total mass emissions following control by the 30-operating day total mass prior to control and subtract the resulting value from one to obtain the 30-operating day emission reduction achieved.\n\nSingle-item sterilization  means a process in which one or more items are placed in a pouch, EtO is injected into the pouch, and the sealed pouch is placed in a vessel to allow sterilization to occur.\n\nSterilization chamber  means any enclosed vessel or room that is filled with EtO gas, or an EtO/inert gas mixture, for the purpose of sterilizing and/or fumigating at a sterilization facility. This does not include injection rooms.\n\nSterilization chamber vent (SCV)  means the point (prior to the vacuum pump) through which the evacuation of EtO from the sterilization chamber occurs following sterilization or fumigation, including any subsequent air washes.\n\nSterilization facility  means any stationary source where EtO is used in the sterilization or fumigation of materials, including but not limited to facilities that engage in single-item sterilization.\n\nSterilization operation  means any time when EtO is removed from the sterilization chamber through the SCV or the chamber exhaust vent, when EtO is removed from the aeration room through the aeration room vent, when EtO is stored within the building, when EtO is dispensed from a container to a chamber, when material is moved from sterilization to aeration, or when materials are handled post-aeration.\n\nThermal oxidizer  means all combustion devices except flares.\n\nVacuum pump operation  means the operation of vacuum pumps, excluding dry seal vacuum pumps, for the purpose of removing EtO from a sterilization chamber."], ["40:40:11.0.1.1.1.15.8.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.362 Standards.", "EPA", "", "", "", "(a)  Compliance date.  If you own or operate an affected source, you must comply with the applicable requirement by the compliance date specified in \u00a7 63.360(j). The standards of this section are summarized in tables 1 through 5 to this subpart.\n\n(b)  Applicability of standards.  The standards in paragraphs (c) through (k) of this section apply at all times. If using EtO CEMS to determine compliance with an applicable standard, this compliance demonstration is based on the previous 30-operating days of data. If using EtO CEMS to determine compliance with an applicable emission reduction standard in paragraphs (c) through (g) and (i) of this section for each operating day, you must determine the total inlet mass to and outlet mass from the control system using the procedures laid out in \u00a7 63.364(f) and appendix A to this subpart, and you must maintain the emission limit based on the inlet mass and the applicable emission reduction standard. If using EtO CEMS to determine compliance with an applicable emission reduction standard in paragraph (j) of this section, you must continuously comply with the requirements of that paragraph.\n\n(c)  SCV.  You must comply with each applicable standard in table 1 to this subpart, and you must meet each applicable requirement specified in \u00a7 63.363. If a SCV is combined with a stream from another emission source, you must comply with the appropriate emission standard as prescribed in paragraph (i) of this section.\n\n(d)  ARV.  You must comply with each applicable standard in table 2 to this subpart, and you must meet each applicable requirement specified in \u00a7 63.363. If an ARV is combined with a stream from another emission source, you must comply with the appropriate emission standard as prescribed in paragraph (i) of this section.\n\n(e)  CEV.  You must comply with each applicable standard in table 3 to this subpart, and you must meet each applicable requirement specified in \u00a7 63.363. If a CEV is combined with a stream from another emission source, you must comply with the appropriate emission standard as prescribed in paragraph (i) of this section.\n\n(f)  Group 1 room air emissions.  You must comply with the applicable standard in table 4 to this subpart, and you must meet each applicable requirement specified in \u00a7 63.363. If Group 1 room air emissions are combined with a stream from another emission source, you must comply with the appropriate emission standard as prescribed in paragraph (i) of this section.\n\n(g)  Group 2 room air emissions.  You must comply with the applicable standard in table 5 to this subpart, and you must meet each applicable requirement specified in \u00a7 63.363. If Group 2 room air emissions are combined with a stream from another emission source, you must comply with the appropriate emission standard as prescribed in paragraph (i) of this section. If you are required to limit the sterilization chamber concentration of EtO to 1 ppmv prior to opening the sterilization chamber door, you must meet the monitoring requirements specified in \u00a7 63.364(h).\n\n(h)  Capture systems.  Room air emissions for which numerical limits are prescribed must be captured and routed under negative pressure to a control system. You may assume the capture system efficiency is 100 percent if both conditions in paragraphs (h)(1) and (2) of this section are met:\n\n(1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control system.\n\n(2) All sterilization operations creating exhaust gases for which the compliance demonstration is applicable are contained within the capture system.\n\n(i)  Requirements for combined emission streams.  When streams from two or more emission sources are combined, you must demonstrate compliance by either the approach specified in paragraph (i)(1) of this section or the approach specified in paragraph (i)(2) of this section in lieu of the applicable standards in paragraphs (c) through (g) of this section for the affected source. The combined emission stream limit is based on as 30-operating day rolling sum. In order to elect to comply with a combined emission streams limit, you must use a CEMS on each exhaust stack at the facility to determine compliance.\n\n(1)  Monitoring after emission streams are combined.  You must follow requirements of paragraphs (i)(1)(i) through (iii) of this section to determine the applicable combined emission streams limitation and demonstrate compliance. Under this approach, you must first determine the 30-operating day rolling sum of mass inlet to the control system. Then, the emission limitation is determined by applying the most stringent emission reduction standard to the 30-operating day rolling sum of the inlet mass. You must maintain actual emissions at or below that rate. For example, suppose a facility controls all of its ARVs and CEVs with one control system and that the emission reduction standards that apply to the ARVs and CEVs are 99.9% and 99%, respectively. Further suppose that the mass of uncontrolled EtO emissions from the combined stream is 5 lb during the 30-operating day period. Under this approach, the facility would need to apply an emission reduction of 99.9% to the combined stream, resulting in an emission limit of 0.005 lb for the 30-operating day period.\n\n(i) The combined emission streams limit for each 30-operating day period is determined daily by using equation 1 to this paragraph.\n\nWhere:\n \n CES Combined  = The combined emission stream limit based upon monitoring after the emission streams are combined, in pounds.\n \n M 30day  = The 30-operating day total mass sent to controls for the combined emission stream ( i.e.,  monitoring data at the inlet of the control system), as calculated using equation A-3 and determined in accordance with appendix A to this subpart. The term \u201cM 30day \u201d as used in this equation is equivalent to the term \u201cE 30day \u201d as designated in equation A-3.\n \n Max(ER) = The most stringent emission reduction standard specified in tables 1 through 5 of this subpart applicable to any of the constituent streams, in decimal format.\n\nWhere:\n\nCES Combined  = The combined emission stream limit based upon monitoring after the emission streams are combined, in pounds.\n\nM 30day  = The 30-operating day total mass sent to controls for the combined emission stream ( i.e.,  monitoring data at the inlet of the control system), as calculated using equation A-3 and determined in accordance with appendix A to this subpart. The term \u201cM 30day \u201d as used in this equation is equivalent to the term \u201cE 30day \u201d as designated in equation A-3.\n\nMax(ER) = The most stringent emission reduction standard specified in tables 1 through 5 of this subpart applicable to any of the constituent streams, in decimal format.\n\n(ii) The 30-operating day rolling sum of emissions for the combined emission stream ( i.e.,  monitoring data at the outlet of the control system) is calculated daily using equation A-3 and determined in accordance with appendix A to this subpart. For purposes of this section, this value is designated as E Combined . If the combined emission stream is split between two or more control systems, further sum the 30-operating day rolling sum of emissions from each control system to obtain E Combined .\n\n(iii) Compliance with the combined emission streams limitation shall be determined by demonstrating that E Combined , as calculated in accordance with paragraph (i)(1)(ii) of this section, for each 30-operating day period is at or below CES Combined , as calculated in paragraph (i)(1)(i) of this section.\n\n(2)  Monitoring before emission streams are combined.  You must follow requirements of paragraphs (i)(2)(i) through (iii) of this section to determine the applicable combined emission streams limitation and demonstrate compliance. Under this approach, you must first determine 30-operating day rolling sum of inlet mass to the control system for each component stream. Then, the emission limitation is determined by applying the applicable emission reduction standards to the 30-operating day rolling sum of each component stream and summing across the components. You must maintain actual emissions at or below that rate. For example, suppose a facility controls all of its ARVs and CEVs with one control system and that the emission reduction standards that apply to the ARVs and CEVs are 99.9% and 99%, respectively. Further suppose that during a 30-operating day period the mass of uncontrolled EtO emissions from the ARVs is 4 lb and the mass of uncontrolled EtO emissions from the CEVs is 1 lb. Under this approach, the facility would need to apply an emission reduction of 99.9% to the ARV stream and an emission reduction of 99% to the CEV stream, resulting in an emission limit of 0.014 lb for the 30-operating day period.\n\n(i) The combined emission streams limit for each 30-operating day period is determined daily by using equation 2 to this paragraph.\n\nWhere:\n \n CES Streams  = The combined emission stream limit based upon monitoring before the emission streams are combined, in pounds.\n \n M c,i  = The 30-operating day total mass sent to controls for each non-SCV constituent emission stream ( i.e.,  monitoring data at the inlet of the control system), as calculated using equation A-3 and determined in accordance with appendix A to this subpart. The term \u201cM c,i \u201d as used in this equation is equivalent to the term \u201cE 30day \u201d as designated in equation A-3.\n \n ER i  = The applicable emission reduction standard from tables 2 through 5 of this subpart to each non-SCV constituent emission stream  i. \n \n i = Non-SCV constituent emission stream index.\n \n n = Total number of non-SCV constituent emission streams.\n \n M c,j  = The 30-operating day total mass sent to controls for each SCV emission stream, as determined in accordance with equation 10 of \u00a7 63.364(f)(1)(i)(C)( 1 ).\n \n ER j  = The applicable SCV emission reduction standard in table 1 to this subpart, in decimal format.\n \n j = SCV emission stream index.\n \n m = Total number of SCV emission streams.\n\nWhere:\n\nCES Streams  = The combined emission stream limit based upon monitoring before the emission streams are combined, in pounds.\n\nM c,i  = The 30-operating day total mass sent to controls for each non-SCV constituent emission stream ( i.e.,  monitoring data at the inlet of the control system), as calculated using equation A-3 and determined in accordance with appendix A to this subpart. The term \u201cM c,i \u201d as used in this equation is equivalent to the term \u201cE 30day \u201d as designated in equation A-3.\n\nER i  = The applicable emission reduction standard from tables 2 through 5 of this subpart to each non-SCV constituent emission stream  i.\n\ni = Non-SCV constituent emission stream index.\n\nn = Total number of non-SCV constituent emission streams.\n\nM c,j  = The 30-operating day total mass sent to controls for each SCV emission stream, as determined in accordance with equation 10 of \u00a7 63.364(f)(1)(i)(C)( 1 ).\n\nER j  = The applicable SCV emission reduction standard in table 1 to this subpart, in decimal format.\n\nj = SCV emission stream index.\n\nm = Total number of SCV emission streams.\n\n(ii) The 30-operating day rolling sum emissions for the combined emission stream ( i.e.,  monitoring data at the outlet of the control system) is calculated daily using equation A-3 and determined in accordance with appendix A to this subpart. For purposes of this section, this value is designated as E Combined . If the combined emission stream is split between two or more control systems, then further sum the 30-operating day rolling sum emissions from each control system to obtain E Combined .\n\n(iii) Compliance with the combined emission streams limitation shall be determined by demonstrating that E Combined , as calculated in accordance with paragraph (i)(2)(ii) of this section, for each 30-operating day period is at or below CES Streams , as calculated paragraph (i)(2)(i) of this section.\n\n(3) If room air emissions are both subject to an emission standard and split between two or more control systems, then these control systems must be treated as part of the same control system.\n\n(j)  Site-wide emission limitation.  You may choose to comply with a site-wide emission limitation (SWEL) specified in this paragraph (j) in lieu of the applicable standards in paragraphs (c) through (g) of this section for the facility. The SWEL, which is calculated daily, is based on the previous 30 operating days of data. In order to elect to comply with a SWEL, you must utilize an EtO CEMS on each exhaust stack at the facility to determine compliance. The owner or operator may demonstrate compliance via one of the two SWEL approaches in lieu of the applicable standard(s) in paragraphs (c) through (g) of this section for the facility. If electing to comply with a SWEL, you must comply with paragraph (j)(3) of this section.\n\n(1)  SWEL based upon facility EtO use.  If you elect to comply with a SWEL based upon facility EtO use, you must follow requirements of paragraphs (j)(1)(i) through (iii) of this section to determine the applicable SWEL and demonstrate compliance. Under this approach, you first determine the 30-operating day rolling sum of EtO use. The SWEL is determined by multiplying by 0.99 and then applying the required SCV percent emission reduction standard in table 1 to this subpart to the 30-operating day rolling sum of EtO usage. Then, for each CEMS at the outlet of the control systems at the facility, determine the 30-operating day rolling sum of emissions. Finally, determine the facility actual emissions by summing the 30-operating day rolling sums for each CEMS at the facility. You must maintain actual emissions at or below the SWEL.\n\n(i) The SWEL for each 30-operating day period is determined daily by using equation 3 to this paragraph.\n\nWhere:\n \n SWEL Fac  = SWEL based upon facility EtO use, in pounds.\n \n M Fac  = Facility EtO use over the previous 30 operating days, in pounds, as determined in accordance with equation 11 of \u00a7 63.364(i)(2).\n \n 0.99 = Adjustment factor for EtO residual in sterilized product.\n \n ER SCV  = The applicable SCV emission reduction standard in table 1 to this subpart, in decimal format.\n\nWhere:\n\nSWEL Fac  = SWEL based upon facility EtO use, in pounds.\n\nM Fac  = Facility EtO use over the previous 30 operating days, in pounds, as determined in accordance with equation 11 of \u00a7 63.364(i)(2).\n\n0.99 = Adjustment factor for EtO residual in sterilized product.\n\nER SCV  = The applicable SCV emission reduction standard in table 1 to this subpart, in decimal format.\n\n(ii) The 30-operating day rolling sum of emissions are determined daily using equation 4 to this paragraph.\n\nWhere:\n \n E Fac  = The total emissions from the facility over the previous 30-operating days, in pounds.\n \n E o,i  = The 30-operating day rolling sum of emissions calculated at each exhaust stack,  i,  monitored by an EtO CEMS, as calculated using equation A-3 of appendix A to this subpart.\n \n i  = Exhaust stack index\n \n n = Total number of exhaust stacks\n\nWhere:\n\nE Fac  = The total emissions from the facility over the previous 30-operating days, in pounds.\n\nE o,i  = The 30-operating day rolling sum of emissions calculated at each exhaust stack,  i,  monitored by an EtO CEMS, as calculated using equation A-3 of appendix A to this subpart.\n\ni  = Exhaust stack index\n\nn = Total number of exhaust stacks\n\n(iii) Compliance with the SWEL based upon facility EtO usage shall be determined by demonstrating that E Fac , as calculated in accordance with paragraph (j)(1)(ii) of this section, for each 30-operating day period is at or below the SWEL, as calculated paragraph (j)(1)(i) of this section.\n\n(2)  SWEL based upon emissions streams.  If you elect to comply with a SWEL based upon emissions streams, you must follow requirements of paragraphs (j)(2)(i) through (iii) of this section to determine the applicable SWEL and demonstrate compliance. Under this approach, for each non-SCV affected source, you must determine the mass of EtO sent to controls and apply the applicable emission reduction standard. For each SCV affected source, you must determine the mass of EtO sent to controls as specified in \u00a7 63.364(f)(1)(i)(C)( 1 ) and apply the applicable emission reduction standard. The SWEL is determined by summing across the result of this calculation for each affected source (both non-SCV and SCV). Then, for each CEMS at the outlet of the control system(s) at the facility, determine the 30-operating day rolling sum of emissions. Finally, determine the facility actual emissions by summing the 30-operating day rolling sums for each CEMS at the facility. You must maintain actual emissions at or below the SWEL.\n\n(i) The SWEL for each 30-operating day period is determined daily by using equation 5 to this paragraph.\n\nWhere:\n \n SWEL Streams  = SWEL based upon individual emissions streams, in pounds.\n \n M c,i  = The 30-operating day total mass sent to controls ( i.e.,  monitoring data at the inlet of the control system) for each non-SCV emission stream, as calculated using equation A-3 and determined in accordance with appendix A to this subpart. The term \u201cM c,i \u201d as used in this equation is equivalent to the term \u201cE 30day \u201d as designated in equation A-3.\n \n ER i  = The applicable emission reduction standard to each non-SCV emission stream,  i,  specified in tables 1 through 5 of this subpart, in decimal format.\n \n i = Non-SCV emission streams index.\n \n n = Total number of non-SCV emission streams.\n \n M c,j  = The 30-operating day total mass sent to controls for each SCV emission stream, as determined in accordance with equation 10 in \u00a7 63.364(f)(1)(i)(C)( 1 ).\n \n ER j  = The applicable SCV emission reduction standard in table 1 to this subpart, in decimal format.\n \n j = SCV emission stream index.\n \n m = Total number of SCV emission streams.\n\nWhere:\n\nSWEL Streams  = SWEL based upon individual emissions streams, in pounds.\n\nM c,i  = The 30-operating day total mass sent to controls ( i.e.,  monitoring data at the inlet of the control system) for each non-SCV emission stream, as calculated using equation A-3 and determined in accordance with appendix A to this subpart. The term \u201cM c,i \u201d as used in this equation is equivalent to the term \u201cE 30day \u201d as designated in equation A-3.\n\nER i  = The applicable emission reduction standard to each non-SCV emission stream,  i,  specified in tables 1 through 5 of this subpart, in decimal format.\n\ni = Non-SCV emission streams index.\n\nn = Total number of non-SCV emission streams.\n\nM c,j  = The 30-operating day total mass sent to controls for each SCV emission stream, as determined in accordance with equation 10 in \u00a7 63.364(f)(1)(i)(C)( 1 ).\n\nER j  = The applicable SCV emission reduction standard in table 1 to this subpart, in decimal format.\n\nj = SCV emission stream index.\n\nm = Total number of SCV emission streams.\n\n(ii) The 30-operating day rolling sum of emissions are determined daily using equation 4 to this section.\n\n(iii) Compliance with the SWEL based upon emission streams shall be determined by demonstrating that E Fac , as calculated in accordance with paragraph (j)(2)(ii) of this section, for each 30-operating day period is at or below SWEL Streams , as calculated in paragraph (j)(2)(i) of this section.\n\n(3)  Boundary.  The boundary for this approach includes all affected sources at the facility.\n\n(k)  General duty.  At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require 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 a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source."], ["40:40:11.0.1.1.1.15.8.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.363 Compliance and performance provisions.", "EPA", "", "", "", "(a)  Continuous compliance.  You must demonstrate continuous compliance with the applicable emission standard(s) using an EtO CEMS, including a shared EtO CEMS, installed and operated in accordance with the requirements of Performance Specification 19 in appendix B and Procedure 7 in appendix F to part 60 of this chapter. Alternatively, if you own or operate a facility where EtO use is less than 100 pounds/yr, you may demonstrate continuous compliance by conducting annual performance tests using the performance testing requirements in \u00a7 63.7, according to the applicability in table 6 to this subpart, the procedures listed in this section, and the test methods listed in \u00a7 63.365. If you elect to demonstrate compliance through periodic performance testing, you must also demonstrate continuous compliance with each operating limit required under this section according to the methods specified in \u00a7 63.364. If you own or operate an area source facility where EtO use is less than 100 pounds/yr where an existing collection of Group 2 room air emission is operated in accordance with the PTE requirements of EPA Method 204 of appendix M to part 51 of this chapter, you may instead conduct these performance tests once every three years.\n\n(b)  Initial compliance for Facilities that use EtO CEMS.  To demonstrate initial compliance with an emission standard using a CEMS that measures HAP concentrations directly ( i.e.,  an EtO CEMS), the initial performance test must consist of the first 30 operating days after the certification of the CEMS according to Performance Specification 19 in Appendix B to part 40 of this chapter. The initial compliance demonstration period must be completed on or before the date that compliance must be demonstrated ( i.e.,  180 days after the applicable compliance date). You must follow the procedures in appendix A to this subpart.\n\n(1) The CEMS performance test must demonstrate compliance with the applicable EtO standards in tables 1 through 5 to this subpart. Alternatively, the CEMS performance test may demonstrate compliance with \u00a7 63.362(i) or (j).\n\n(i) You may time-share your CEMS among different measurement points provided that:\n\n(A) The measurement points are approximately equidistant from the CEMS;\n\n(B) The sampling time at each measurement point is at least 3 times as long as the CEMS response time;\n\n(C) The CEMS completes at least one complete cycle of operation for each shared measurement point within a 15-minute period; and\n\n(D) The CEMS meets the other requirements of PS 19.\n\n(2) You must collect hourly data from auxiliary monitoring systems during the performance test period, to convert the pollutant concentrations to pounds per hour.\n\n(c)  Initial compliance demonstration where facility EtO use is less than 100 pounds per year.  If you own or operate an affected source that is both subject to an emission standard in \u00a7 63.362 and located within a facility where EtO use is less than 100 pounds per year, you may comply with paragraphs (c)(1) and (2) of this section:\n\n(1) Conduct an initial compliance demonstration using the procedures listed in \u00a7 63.7 of this part according to the applicability in table 6 to this subpart, the procedures listed in this section, and the test methods listed in \u00a7 63.365;\n\n(2) Complete the initial compliance demonstration within 180 days after the compliance date for the affected source as determined in \u00a7 63.360(j).\n\n(d)  Operating limits for facility where EtO use is less than 100 lb/yr.  If annual EtO use at the facility is less than 100 lb, the procedures in paragraphs (d)(1) through (5) of this section may be used to determine compliance with the standard(s) under \u00a7 63.362(c) through (g) and to establish operating limits for each of the control devices, as applicable:\n\n(1) You must determine the percent emission reduction of the control system used to comply with \u00a7 63.362(c) through (g) using the test methods and procedures in \u00a7 63.365(d)(1).\n\n(2) If an acid-water scrubber(s) is used to comply with a standard, then you must establish as an operating limit:\n\n(i) The maximum ethylene glycol concentration using the procedures described in \u00a7 63.365(e)(1)(i);\n\n(ii) The maximum liquor tank level using the procedures described in \u00a7 63.365(e)(1)(ii); or\n\n(iii) The maximum scrubber liquor pH using the procedures described in \u00a7 63.365(e)(1)(iii).\n\n(3) If a thermal oxidizer(s) is used to comply with a standard, you must establish as an operating limit the minimum temperature in or immediately downstream of the firebox using the procedures described in \u00a7 63.365(e)(2).\n\n(4) If a catalytic oxidizer(s) is used to comply with the standard, you must establish as operating limits both:\n\n(i) The minimum temperature at the inlet to the catalyst bed using the procedures described in \u00a7 63.365(e)(3); and\n\n(ii) The minimum temperature difference across the catalyst bed using the procedures described in \u00a7 63.365(e)(3).\n\n(5) If a gas/solid reactor(s) is used to comply with the standard, you must establish as an operating limit the pressure drop across the media beds and conduct weekly sampling and analysis of the media. Determine the maximum gas/solid reactor pressure drop using the procedures described in \u00a7 63.365(e)(4).\n\n(e)  Other control technology for facility where EtO use is less than 100 lb/yr.  If you are conducting a performance test using a control technology other than an acid-water scrubber, catalytic oxidizer, thermal oxidizer, or gas/solid reactor, you must provide to the Administrator information describing the design and operation of the air pollution control system, including recommendations for the parameters to be monitored that will demonstrate continuous compliance. Based on this information, the Administrator will determine the parameter(s) to be measured during the performance test. During the performance test required in paragraph (a) of this section, using the methods approved in \u00a7 63.365(e)(5), you must determine the site-specific operating limit(s) for the operating parameters approved by the Administrator. You must submit the information at least sixty days before the performance test is scheduled to begin. The information on the control technology must include the five items listed in paragraphs (1) through (5) of this section:\n\n(1) Identification of the specific parameters you propose to use as additional operating limits;\n\n(2) A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters and how limits on these parameters will serve to limit emissions of regulated pollutants;\n\n(3) A discussion of how you will establish the upper and/or lower values which will establish the operating limits for these parameters;\n\n(4) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; and\n\n(5) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters.\n\n(f)  Other emission streams.  If the emission stream does not consist only of an SCV(s), the procedures in paragraphs (f)(1) through (3) of this section shall be used to determine initial compliance with the emission limits under \u00a7 63.362(d) through (g), as applicable:\n\n(1) You must comply with paragraph (c) of this section, as applicable.\n\n(2) If you are complying with a percent emission reduction standard as specified in tables 1 through 5 to this subpart, you must determine compliance with \u00a7 63.362(c) through (g), as applicable, using the test methods and procedures in \u00a7 63.365(d)(1).\n\n(3) If you are required to operate any portion of the facility under PTE, you must initially demonstrate that the PTE meets the requirements of Method 204 of 40 CFR part 51, appendix M, and that all exhaust gases from the enclosure are delivered to a control system or stack(s). You must also meet the requirements in \u00a7 63.363(f)(3)(i) and either \u00a7 63.363(f)(3)(ii) or (iii):\n\n(i) Maintain direction of the airflow into the enclosure at all times, verifying daily using the procedures described in \u00a7 63.364(f)(5) and meet either of the requirements.\n\n(ii) Establish as an operating limit the  minimum volumetric flow rate through the affected stack(s)  using the procedures described in \u00a7 63.365(f)(1); or\n\n(iii) Install, operate, calibrate, and maintain a continuous pressure differential monitoring system using the procedures described in \u00a7 63.364(f)(4)."], ["40:40:11.0.1.1.1.15.8.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.364 Monitoring requirements.", "EPA", "", "", "", "(a)  General requirements.  (1) If you own or operate an affected source subject to an emission standard in \u00a7 63.362, you must comply with the monitoring requirements in \u00a7 63.8, according to the applicability in table 6 to this subpart, and in this section.\n\n(2) If you own or operate an affected source at a facility where EtO use is less than 100 lb/yr that is subject to an emission standard in \u00a7 63.362, you may monitor the parameters specified in paragraphs (b), (c), (d), (e), (g), and (i) of this section. All monitoring equipment shall be installed such that representative measurements of emissions or process parameters from the source are obtained. For monitoring equipment purchased from a vendor, verification of the operational status of the monitoring equipment shall include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system.\n\n(3) If you own or operate an affected source that is subject to an emission standard in \u00a7 63.362 and that is required to monitor using EtO CEMS, you must comply with paragraphs (f), (g), and (i) of this section.\n\n(4) If you comply with the management practice for Group 2 room air emissions at area sources, you must comply with paragraph (h) of this section.\n\n(5) You must keep the written procedures required by \u00a7 63.8(d)(2) 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, you must keep previous ( i.e.,  superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan required under \u00a7 63.8(d)(2).\n\n(b)  Acid-water scrubbers.  If you are demonstrating continuous compliance through periodic performance testing on an acid-water scrubber(s), you must:\n\n(1)  Ethylene glycol concentration.  Sample the scrubber liquor from the acid-water scrubber(s) and analyze and record at least once per week the ethylene glycol concentration of the scrubber liquor using the test methods and procedures in \u00a7 63.365(e)(1). Monitoring is required during a week only if the scrubber unit has been operated. You must maintain the weekly ethylene glycol concentration below the operating limit established during the most recent performance test;\n\n(2)  Scrubber liquor tank level.  Measure and record at least once per day the level of the scrubber liquor in the recirculation tank(s). You must install, maintain, and use a liquid level indicator to measure the scrubber liquor tank level ( i.e.,  a marker on the tank wall, a dipstick, a magnetic indicator, etc.). Monitoring is required during a day only if the scrubber unit has been operated. You must maintain the daily scrubber liquor height in each recirculation tank below the applicable operating limit established during the most recent performance test; or\n\n(3)  pH.  Monitor and record at least every 15 minutes the scrubber liquor pH. Monitoring is required when the scrubber is operating. A data acquisition system for the pH monitor shall compute and record each 3-hour average scrubber liquor pH value, rolled hourly. This must be done by first averaging the scrubber liquor pH readings obtained over a clock hour,  i.e.,  beginning and ending on the hour. All data collected during the operating hour must be used, even if the scrubber unit is not operating for a complete hour. Then, the average of the previous 3 operating hours must be calculated to determine the 3-hour rolling average scrubber liquor pH. You must maintain the 3-hour rolling average scrubber liquor pH below the applicable operating limit established during the most recent performance test. You must ensure the pH monitoring system meets the following requirements:\n\n(i) The pH sensor must be installed in a position that provides a representative measurement of scrubber liquor pH;\n\n(ii) The sample must be properly mixed and representative of the fluid to be measured; and\n\n(iii) A performance evaluation (including a two-point calibration with one of the two buffer solutions having a pH within 1 of the pH of the operating limit) of the pH monitoring system must be conducted in accordance with your monitoring plan at the time of each performance test but no less frequently than quarterly.\n\n(c)  Oxidizers.  If you are demonstrating continuous compliance through periodic performance testing on a catalytic oxidizer or thermal oxidizer, the requirements in paragraphs (c)(1) and (2) of this section apply:\n\n(1) For thermal oxidizers, you must monitor and record at least every 15 minutes the temperature in or immediately downstream of the firebox using the temperature monitor described in paragraph (c)(4) of this section. Monitoring is required when the thermal oxidizer is operating. A data acquisition system for the temperature monitor shall compute and record each 3-hour average temperature value, rolled hourly. This must be done by first averaging the temperature readings over a clock hour,  i.e.,  beginning and ending on the hour. All data collected during the operating hour must be used, even if the thermal oxidizer is not operating for a complete hour. Then, the average of the previous 3 operating hours must be calculated to determine the 3-hour rolling average temperature in or immediately downstream of the firebox. You must maintain the 3-hour rolling average temperature above the operating limit established during the most recent performance test.\n\n(2) For catalytic oxidizers, you must monitor and record at least every 15 minutes the temperature at the inlet to the catalyst bed using the temperature monitor described in paragraph (c)(4) of this section. Monitoring is required when the catalytic oxidizer is operating. A data acquisition system for the temperature monitor shall compute and record each 3-hour average temperature, rolled hourly. This must be done by first averaging the temperature readings over a clock hour,  i.e.,  beginning and ending on the hour. All data collected during the operating hour must be used, even if the catalytic oxidizer is not operating for a complete hour. Then, the average of the previous 3 operating hours must be calculated to determine the 3-hour rolling average temperature at the inlet to the catalyst bed. You must maintain the 3-hour rolling average temperature above the operating limit established during the most recent performance test.\n\n(3) For catalytic oxidizers, you must monitor and record at least every 15 minutes the temperature increase across the catalyst bed, immediately downstream of the catalytic bed, using the temperature monitor described in paragraph (c)(4) of this section. Monitoring is required when the catalytic oxidizer is operating. A data acquisition system for the temperature monitor shall compute and record each 3-hour average temperature increase, rolled hourly. This must be done by first computing the difference in outlet temperature minus inlet temperature (monitored under paragraph (c)(2)), and second averaging the temperature difference values over a clock hour,  i.e.,  beginning and ending on the hour. All data collected during the operating hour must be used, even if the catalytic oxidizer is not operating for a complete hour. Then, the average of the previous 3 operating hours must be calculated to determine the 3-hour rolling average temperature increase across the catalyst bed. You must maintain the 3-hour average temperature increase above the operating limit established during the most recent performance test.\n\n(4) You must install, calibrate, operate, and maintain a temperature monitor with a minimum accuracy of \u00b11 percent over the normal range of the temperature measured, expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is greater. You must verify the accuracy of the temperature monitor twice each calendar year at least five months apart with a reference temperature monitor (traceable to National Institute of Standards and Technology (NIST) standards or an independent temperature measurement device dedicated for this purpose). During accuracy checking, the probe of the reference device shall be at the same location as that of the temperature monitor being tested. As an alternative, the accuracy of the temperature monitor may be verified in a calibrated oven (traceable to NIST standards).\n\n(5) For catalytic oxidizers, if the monitor indicates that the temperature is below the operating limit, within 7 calendar days you must:\n\n(i) Correct the temperature or temperature increase so that it falls within the established operating range; or\n\n(ii) Replace the catalyst bed. Following replacement of the catalyst bed, you must conduct a new performance test within 180 days and re-establish the operating limits.\n\n(d)  Gas-solid reactors.  If you are demonstrating continuous compliance through periodic performance testing on a gas/solid reactor(s), you must:\n\n(1)  Media analysis.  Sample the media from the gas/solid reactor(s) and have the manufacturer analyze at least once per week. Monitoring is required during a week only if the gas/solid reactor unit has been operated; and\n\n(2)  Pressure drop.  Monitor and record at least every 15 minutes the pressure drop. Monitoring is required when the gas/solid reactor is operating. A data acquisition system for the pressure drop monitor shall compute and record each 3-hour average gas/solid reactor pressure drop value, rolled hourly. This must be done by first averaging the gas/solid reactor pressure drop readings obtained over a clock hour,  i.e.,  beginning and ending on the hour. All data collected during the operating hour must be used, even if the gas/solid reactor unit is not operating for a complete hour. Then, the average of the previous 3 operating hours must be calculated to determine the 3-hour rolling average gas/solid reactor pressure drop. You must maintain the 3-hour rolling average gas/solid reactor pressure drop below the applicable operating limit established during the most recent performance test.\n\n(e)  Performance testing, other control technology.  If you are complying with \u00a7 63.363(d) or (e) using periodic performance testing and the use of a control device other than acid-water scrubbers, catalytic or thermal oxidizers, or gas/solid reactors, you must monitor the parameters as approved by the Administrator using the methods and procedures in \u00a7 63.365(e).\n\n(f)  EtO CEMS configurations.  If you are using EtO CEMS to demonstrate compliance with an emission standard, you must install and operate an EtO CEMS on each outlet for the control system in accordance with the requirements of Appendix A to subpart O of this part. You must also conduct monitoring for each inlet to the control system that is used to demonstrate compliance with the emission reduction standard in accordance with the requirements of appendix A to this subpart, with the exception for SCV emission streams to the control system.\n\n(1)  EtO CEMS inlet configuration.  The following caveats apply:\n\n(i)  SCVs.  If you do not own or operate a single-item sterilizer, to demonstrate compliance with the percent emission reduction standards for emissions streams that are comprised only of SCVs, you may use the following procedures as an alternative to monitoring the inlet emission stream to determine the mass emissions of EtO being emitted via sterilization chamber(s) vents prior to the controls.\n\n(A) Determine the mass (M SCV,n ) of EtO used for each charge and at each sterilization chamber used during the previous 30 days using the procedures in either paragraph (f)(1)(i)(A)( 1 ) or ( 2 ) of this section.\n\n( 1 ) Weigh the EtO gas cylinder(s) used to charge the sterilizer(s) before and after charging. Record these weights to the nearest 45 g (0.1 lb) and calculate the theoretical mass (M c ) vented to the controls using equation 1 to this paragraph.\n\nWhere:\n \n M SCV,n  = Theoretical total mass of EtO vented to controls per charge, g (lb)\n \n M charge  = total mass of sterilizer gas charge, g (lb)\n \n %EO w  = weight percent of EtO\n\nWhere:\n\nM SCV,n  = Theoretical total mass of EtO vented to controls per charge, g (lb)\n\nM charge  = total mass of sterilizer gas charge, g (lb)\n\n%EO w  = weight percent of EtO\n\n( 2 ) Install a calibrated rate meter at the sterilizer inlet(s) and continuously measure the flow rate (Q m ) and duration of each sterilizer charge. Calculate the theoretical mass (M SCV,n ) vented to the controls using equation 2 to this paragraph.\n\nWhere:\n \n M SCV,n  = theoretical total mass of EtO sent to controls per charge\n \n Q m  = volumetric flow rate, liters per minute (L/min) corrected to 20 \u00b0C and 101.325 kilopascals (kPa) (scf per minute (scfm) corrected to 68 \u00b0F and 1 atmosphere of pressure (atm))\n \n T n  = time duration of each charge, min\n \n %EO v  = volume fraction percent of EtO\n \n n = number of EtO charges\n \n MW  = molecular weight of EtO, 44.05 grams per gram-mole (g/g-mole) (44.05 pounds per pound-mole (lb/lb-mole))\n \n SV  = standard volume, 24.05 liters per gram-mole (L/g-mole) at 20 \u00b0C and 101.325 kPa (385.1 scf per pound-mole (scf/lb-mole) at 68 \u00b0F and 1 atm).\n\nWhere:\n\nM SCV,n  = theoretical total mass of EtO sent to controls per charge\n\nQ m  = volumetric flow rate, liters per minute (L/min) corrected to 20 \u00b0C and 101.325 kilopascals (kPa) (scf per minute (scfm) corrected to 68 \u00b0F and 1 atmosphere of pressure (atm))\n\nT n  = time duration of each charge, min\n\n%EO v  = volume fraction percent of EtO\n\nn = number of EtO charges\n\nMW  = molecular weight of EtO, 44.05 grams per gram-mole (g/g-mole) (44.05 pounds per pound-mole (lb/lb-mole))\n\nSV  = standard volume, 24.05 liters per gram-mole (L/g-mole) at 20 \u00b0C and 101.325 kPa (385.1 scf per pound-mole (scf/lb-mole) at 68 \u00b0F and 1 atm).\n\n(B) Determine the adjustment factor ( f ) using equation 8 to this paragraph. Determine the mass of EtO sent to controls from all non-SCV affected sources,  I,  using equation 4 to this paragraph. For facilities where EtO use is less than 4 tpy, if not all Group 2 room air emissions are routed to a control device, do not include Group 2 room air emissions in  I,  and subtract 0.002 from this factor.\n\nWhere:\n \n f  = Adjustment factor.\n \n I  = Mass of non-SCV EtO routed to control devices over the previous 30 operating days\n \n M Fac  = Facility EtO use over the previous 30-operating days, in pounds, as determined in accordance with equation 11 of \u00a7 63.364(i)(2)\n\nWhere:\n\nf  = Adjustment factor.\n\nI  = Mass of non-SCV EtO routed to control devices over the previous 30 operating days\n\nM Fac  = Facility EtO use over the previous 30-operating days, in pounds, as determined in accordance with equation 11 of \u00a7 63.364(i)(2)\n\nWhere:\n \n I  = Mass of non-SCV EtO routed to control devices over the previous 30 operating days\n \n M c,i  = The 30-operating day total mass sent to controls ( i.e.,  monitoring data at the inlet of the control system) for each non-SCV emission stream, as calculated using equation A-3 and determined in accordance with appendix A to this subpart. The term \u201cM c,i \u201d as used in this equation is equivalent to the term \u201cE 30day \u201d as designated in equation A-3.\n \n i = Non-SCV emission stream index.\n \n n = Total number of non-SCV emission streams.\n\nWhere:\n\nI  = Mass of non-SCV EtO routed to control devices over the previous 30 operating days\n\nM c,i  = The 30-operating day total mass sent to controls ( i.e.,  monitoring data at the inlet of the control system) for each non-SCV emission stream, as calculated using equation A-3 and determined in accordance with appendix A to this subpart. The term \u201cM c,i \u201d as used in this equation is equivalent to the term \u201cE 30day \u201d as designated in equation A-3.\n\ni = Non-SCV emission stream index.\n\nn = Total number of non-SCV emission streams.\n\n(C)( 1 ) Determine the mass rate of EtO sent to controls during the previous 30 days using equation 5 to this paragraph.\n\nWhere:\n \n M SCV  = Total mass of EtO sent to controls over the previous 30 operating days, g/hr (lb/hr)\n \n f  = Adjustment factor\n \n M SCV,n  = Theoretical mass of EtO sent to controls per charge per chamber, g (lb)\n \n n  = Total number of charges during the previous 30 operating days\n\nWhere:\n\nM SCV  = Total mass of EtO sent to controls over the previous 30 operating days, g/hr (lb/hr)\n\nf  = Adjustment factor\n\nM SCV,n  = Theoretical mass of EtO sent to controls per charge per chamber, g (lb)\n\nn  = Total number of charges during the previous 30 operating days\n\n( 2 ) If both this approach is chosen and the SCV is (or SCVs are) combined with another emission stream, then the owner or operator cannot monitor the point after the combination occurs.\n\n(ii)  Room air emissions.  If room air emissions are both subject to an emission standard and split between two or more control systems, then monitoring must be conducted for room air emissions before they are combined with other streams.\n\n(2)  EtO CEMS on exhaust configurations.  Exhaust gases from the emission sources under this subpart exhaust to the atmosphere through a variety of different configurations, including but not limited to individual stacks, a common stack configuration, or a main stack plus a bypass stack. For the CEMS used to provide data under this subpart, the continuous monitoring system installation requirements for these exhaust configurations are as follows:\n\n(i)  Single unit-single stack configurations.  For an emission source that exhausts to the atmosphere through a single, dedicated stack, you shall either install the required CEMS in the stack or at a location in the ductwork downstream of all emissions control devices, where the pollutant and diluents concentrations are representative of the emissions that exit to the atmosphere.\n\n(ii)  Unit utilizing common stack with other emission source(s).  When an emission source utilizes a common stack with one or more other emission sources, but no emission sources not subject to this rule, you shall either:\n\n(A) Install the required CEMS in the duct from each emission source, leading to the common stack; or\n\n(B) Install the required CEMS in the common stack.\n\n(iii)  Unit(s) utilizing common stack with non-commercial sterilization emission source(s).  (A) When one or more emission sources shares a common stack with one or more emission sources not subject to this rule, you shall either:\n\n( 1 ) Install the required CEMS in the ducts from each emission source that is subject to this rule, leading to the common stack; or\n\n( 2 ) Install the required CEMS described in this section in the common stack and attribute all of the emissions measured at the common stack to the emission source(s).\n\n(B) If you choose the common stack monitoring option:\n\n( 1 ) For each hour in which valid data are obtained for all parameters, you must calculate the pollutant emission rate; and\n\n( 2 ) You must assign the calculated pollutant emission rate to each of the units subject to the rule that share the common stack.\n\n(iv)  Unit with multiple parallel control devices with multiple stacks.  If the exhaust gases from an emission source, which is configured such that emissions are controlled with multiple parallel control devices or multiple series of control devices are discharged to the atmosphere through more than one stack, you shall install the required CEMS described in each of the multiple stacks. You shall calculate hourly, flow-weighted, average pollutant emission rates for the unit as follows:\n\n(A) Calculate the pollutant emission rate at each stack or duct for each hour in which valid data are obtained for all parameters;\n\n(B) Multiply each calculated hourly pollutant emission rate at each stack or duct by the corresponding hourly gas flow rate at that stack or duct;\n\n(C) Sum the products determined under paragraph (f)(2)(iv)(B) of this section; and\n\n(D) Divide the result obtained in paragraph (f)(2)(I(C) of this section by the total hourly gas flow rate for the unit, summed across all of the stacks or ducts.\n\n(g)  PTE monitoring.  If you are required to operate all or a portion of your sterilization facility under PTE conditions, you must:\n\n(1)  Initial compliance.  Demonstrate initial procedures in \u00a7 63.365(g)(1) and continued compliance with the provisions in this section. You must follow the requirements of either paragraphs (g)(2) and (3) of this section or paragraph (g)(4) of this section.\n\n(2)  Continuous compliance.  If you choose to demonstrate continuous compliance through volumetric flow rate monitoring, you must monitor and record at least every 15 minutes the volumetric flow rate from each outlet where air from the PTE is sent using a flow rate monitoring system described in paragraph (g)(3) of this section. Monitoring is required when the portion of the facility covered by PTE is operated. A data acquisition system for the flow rate monitoring system shall compute and record each 3-hour average flow rate value, rolled hourly. This must be done by first averaging the flow rate readings over a clock hour,  i.e.,  beginning and ending on the hour. All data collected during the operating hour must be used, even the portion of the facility covered by PTE is not operated for a complete hour. Then, the average of the previous 3 operating hours must be calculated to determine the 3-hour rolling average flow rate. You must maintain the 3-hour rolling average flow rate above the applicable operating limits established during the most recent compliance demonstration.\n\n(3)  Continuous flow rate monitoring system for PTE.  You must install, operate, calibrate, and maintain instruments, according to the requirements in paragraphs (g)(3)(i) through (ix) of this section, for continuously measuring and recording the stack gas flow rate to allow determination of compliance with the minimum volumetric flow rate through the affected stack operating limit(s).\n\n(i) You must install each sensor of the flow rate monitoring system in a location that provides representative measurement of the exhaust gas flow rate. The flow rate sensor is that portion of the system that senses the volumetric flow rate and generates an output proportional to that flow rate.\n\n(ii) The flow rate monitoring system must be designed to measure the exhaust flow rate over a range that extends from a value of at least 20 percent less than the lowest expected exhaust flow rate to a value of at least 20 percent greater than the highest expected exhaust flow rate.\n\n(iii) The flow rate monitoring system must be equipped with a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (g)(3)(ii) of this section.\n\n(iv) The signal conditioner, wiring, power supply, and data acquisition and recording system for the flow rate monitoring system must be compatible with the output signal of the flow rate sensors used in the monitoring system.\n\n(v) The flow rate monitoring system must be designed to complete a minimum of one cycle of operation for each successive 15-minute period.\n\n(vi) The flow rate sensor must have provisions to determine the daily zero and upscale calibration drift (CD) ( see  sections 3.1 and 8.3 of Performance Specification 2 in appendix B to Part 60 of this chapter for a discussion of CD).\n\n(A) Conduct the CD tests at two reference signal levels, zero ( e.g.,  0 to 20 percent of span) and upscale ( e.g.,  50 to 70 percent of span).\n\n(B) The absolute value of the difference between the flow monitor response and the reference signal must be equal to or less than 3 percent of the flow monitor span.\n\n(vii) You must perform an initial relative accuracy test of the flow rate monitoring system according to section 8.2 of Performance Specification 6 of appendix B to part 60 of the chapter with the exceptions in paragraphs (g)(3)(vii)(A) and (B) of this section.\n\n(A) The relative accuracy test is to evaluate the flow rate monitoring system alone rather than a continuous emission rate monitoring system.\n\n(B) The relative accuracy of the flow rate monitoring system shall be no greater than 10 percent of the mean value of the reference method data.\n\n(viii) You must verify the accuracy of the flow rate monitoring system at least once per year by repeating the relative accuracy test specified in paragraph (g)(3)(vii) of this section.\n\n(ix) You must operate the flow rate monitoring system and record data during all periods of operation of the affected facility including periods of startup, shutdown, and malfunction.\n\n(4)  Pressure differential monitor.  You must instead install, operate, calibrate, and maintain a continuous pressure differential monitoring system, as follows, to verify the presence of PTE. You must operate this system whenever the facility is in operation. You must also maintain the pressure differential at or above 0.007 inches of water over a three-hour rolling average.\n\n(i) This monitoring system must measure the pressure differential between the interior and exterior of the PTE, with at least one monitoring device located in each room that borders the PTE. These monitoring devices shall be designed to provide measurements of pressure differential to at least the nearest 0.001 inches of water and having a complete cycle time no greater than 5 minutes.\n\n(ii) A data acquisition system for the monitoring system shall compute and record each 3-hour average pressure differential value, rolled hourly. This must be done by first averaging the pressure differential readings over a clock hour,  i.e.,  beginning and ending on the hour. All data collected during the operating hour must be used, even in portions of the facility covered by PTE that are not operated for a complete hour. Then, the average of the previous 3 operating hours must be calculated to determine the 3-hour rolling average pressure differential. If data are not recorded from an alternative monitoring device, during any malfunction of the principal monitoring device(s) or the automatic recorder, you must manually record the measured data at least hourly.\n\n(h)  Sterilization chamber end-cycle EtO concentration.  As part of your monitoring plan, you must document your approach for determining the EtO sterilization chamber concentration. If you choose a parametric approach you must meet the requirements in paragraph (h)(1) of this section and if you choose a direct measurement approach you must meet the requirements in paragraph (h)(2) of this section. Alternatively, you may petition the administrator for an alternative monitoring approach under \u00a7 63.8(f).\n\n(1) If you choose a parametric approach for determining chamber EtO concentrations you must document parameter(s) used in the calculation to determine of EtO concentrations and the calculation(s) used to determine the chamber concentration. Any instrumentation used for parametric monitoring must also be identified in the monitoring plan and at a minimum this plan should include the following for each instrument:\n\n(i) Parameter measured and measurement principle of the monitor.\n\n(ii) Instrument name, model number, serial number, and range.\n\n(iii) Manufacturer recommended operation practices, including daily operational check.\n\n(iv) Procedures for calibration, the frequency of calibration, and accuracy requirements of the calibration.\n\n(v) Description for how the information from the parameter monitor is being collected and stored.\n\n(2) If you choose a direct measurement approach for determining chamber EtO calibrations you must document the procedures used for the operation of the instruments. Any instrument used for direct measurement of EtO must be identified in the monitoring plan and at a minimum this plan must include the following information:\n\n(i) Instrument name, model number, serial number, and range.\n\n(ii) Description of the measurement principle and any potential interferences.\n\n(iii) If applicable, the description of the sampling condition system.\n\n(iv) Procedures for calibration, the frequency of calibration, and accuracy requirements of the calibration.\n\n(v) Description for how the information from the parameter monitor is being collected and stored.\n\n(i)  EtO usage.  If you own or operate a sterilization facility subject to the requirements of this subpart you must monitor and record on a daily basis the daily and 30-operating day EtO usage according to the requirements of this paragraph. Additionally, you must record EtO usage for each calendar month.\n\n(1) Monitor and record on a daily basis, the daily total mass of ethylene oxide, in pounds, used at the facility. The daily total mass must be determined using the methodology specified in \u00a7 63.365(c)(1)(i) and (ii).\n\n(2) Determine and record daily the 30-operating day rolling ethylene oxide usage rate using equation 6 to this paragraph.\n\nWhere:\n \n M Fac  = Facility EtO use over the previous 30 operating days, in pounds.\n \n m Fac,i  = Daily EtO use for operating day  i,  in pounds, as determined in accordance with paragraph (i)(1) of this section\n \n i = Operating day index.\n\nWhere:\n\nM Fac  = Facility EtO use over the previous 30 operating days, in pounds.\n\nm Fac,i  = Daily EtO use for operating day  i,  in pounds, as determined in accordance with paragraph (i)(1) of this section\n\ni = Operating day index.\n\n(3) Determine and record the total mass of EtO used in each calendar month."], ["40:40:11.0.1.1.1.15.8.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.365 Test methods and procedures.", "EPA", "", "", "", "(a)  General \u2014(1)  Performance testing for facility where EtO use is less than 100 pounds per year.  If you own or operate an affected source at a facility where EtO use is less than 100 lb/yr that is subject to an emission standard in \u00a7 63.362, you must comply with the performance testing requirements in \u00a7 63.7, according to the applicability in table 6 to this subpart, using the methods in paragraph (b) or (c) of this section, following the applicable procedures for initial compliance and continuous compliance in paragraphs (d), (e), and (f) of this section.\n\n(2)  Facilities subject to capture efficiency.  If you are subject to capture efficiency requirements in \u00a7 63.362, you must follow the applicable procedures for initial and continuous compliance in paragraph (f) of this section.\n\n(b)  Test methods for facility where EtO use is less than 100 pounds per year.  You must use the following test methods to determine the average mass emissions of EtO in lb/hr at the inlet of a control system (M APCD, i ) and/or outlet of a control system or stack (E APCD, o ).\n\n(1) Select the location of the sampling ports and the number of traverse points according to Method 1 of appendix A-1 to part 60 of this chapter. Alternatively, for ducts less than 0.3 meter (12 in.) in diameter, you may choose to locate sample ports according to Method 1A of appendix A-1 to part 60 of this chapter.\n\n(2) Determine the flow rate through the control system exhaust(s) continuously during the test period according to either Methods 2, 2A, or 2C of appendix A-1 to part 60 of this chapter, as appropriate. If using Method 2, 2A, or 2C, you must complete velocity traverses immediately before and subsequently after each test run. If your test run is greater than 1 hour, you must also complete a velocity traverse at least every hour. Average the velocity collected during a test run and calculate volumetric flow as outlined in the appropriate method.\n\n(3) Determine the oxygen and carbon dioxide concentration of the effluent according to Method 3A or 3B of appendix A-2 to part 60 of this chapter. The manual procedures (but not instrumental procedures) of voluntary consensus standard ANSI/ASME PTC 19.10-1981 (incorporated by reference, see \u00a7 63.14) may be used as an alternative to EPA Method 3B.\n\n(4) Determine the moisture content of the stack gas according to Method 4 of appendix A-3 to part 60 of this chapter. Alternatively, you may use an on-line technique that has been validated using Method 301 of appendix A to this part.\n\n(5) Determine the EtO concentration according to either paragraph (b)(5)(i) or (ii) of this section.\n\n(i) Follow Method 320 of appendix A to this part and the following paragraphs (5)(i)(A) through (D).\n\n(A) The instrumentation used for measurement must have the measurement range to properly quantify the EtO in the gas stream. Additionally, for outlet emission streams, the instrumentation must have a method detection limit an order of magnitude below concentration equivalent of the emission limit.\n\n(B) Instrumentation used must be continuous in nature with an averaging time of one minute or less.\n\n(C) Calibration Spectra and all other analyte spiking required in the method must use EtO gaseous cylinder standard(s) which meet the criteria found in Performance Specification 19 of appendix B to part 60 if this chapter.\n\n(D) Other methods and materials may be used; however, these alternative test methods are subject to Administrator approval.\n\n(ii) Alternatively, ASTM D6348-12 (Reapproved 2020), (incorporated by reference, see \u00a7 63.14) may be used with the following conditions:\n\n(A) The test plan preparation and implementation in the Annexes to ASTM D 6348-12 (R2020), Sections A1 through A8 are mandatory; and\n\n(B) In ASTM D6348-12 (R2020) Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (equation A5.5). In order for the test data to be acceptable for a compound, %R must be 70% \u2265 R \u2264 130%. If the %R value does not meet this criterion for a target compound, the test data is not acceptable for that compound and the test must be repeated for that analyte ( i.e.,  the sampling and/or analytical procedure should be adjusted before a retest). The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound by using equation 1 to this paragraph:\n\n(6) Calculate the mass emission of EtO by using equations 2 and 3 to this paragraph:\n\nWhere:\n \n M APCD, i  = average inlet mass rate of EtO per hour, lb/hr\n \n C EtO,i  = inlet EtO concentration, ppmdv.\n \n Qi = average inlet volumetric flow per hour at standard conditions, dscf/hr\n \n 44.05 = molecular weight (MW) of EtO, lb/lb-mole\n \n MW/385.1 \u00d7 10\n 6  = conversion factor, from ppmv at standard conditions to lb/cf\n \n E APCD, o  = average outlet mass rate of EtO per hour, lb/hr\n \n C EtO,o  = outlet EtO concentration, ppbdv.\n \n Q o  = average outlet volumetric flow per hour at standard conditions, dscf/hr\n \n MW/385.1 \u00d7 10\n 9  = conversion factor, from ppbv at standard conditions to lb/cf\n\nWhere:\n\nM APCD, i  = average inlet mass rate of EtO per hour, lb/hr\n\nC EtO,i  = inlet EtO concentration, ppmdv.\n\nQi = average inlet volumetric flow per hour at standard conditions, dscf/hr\n\n44.05 = molecular weight (MW) of EtO, lb/lb-mole\n\nMW/385.1 \u00d7 10\n 6  = conversion factor, from ppmv at standard conditions to lb/cf\n\nE APCD, o  = average outlet mass rate of EtO per hour, lb/hr\n\nC EtO,o  = outlet EtO concentration, ppbdv.\n\nQ o  = average outlet volumetric flow per hour at standard conditions, dscf/hr\n\nMW/385.1 \u00d7 10\n 9  = conversion factor, from ppbv at standard conditions to lb/cf\n\n(c)  Alternative approach for SCVs for facility where EtO use is less than 100 pounds per year.  If you do not own or operate a single-item sterilizer, to demonstrate compliance with the percent emission reduction standards for emissions streams that are comprised only of SCVs, you may use the following procedures as an alternative to paragraph (b) of this section to determine the mass emissions of EtO being emitted via sterilization chamber(s) vents prior to the controls.\n\n(1) Determine the mass (M SCV,n ) of EtO used for each charge and at each sterilization chamber used during the performance tests using the procedures in either paragraph (c)(1)(i) or (ii) of this section.\n\n(i) Weigh the EtO gas cylinder(s) used to charge the sterilizer(s) before and after charging. Record these weights to the nearest 45 g (0.1 lb) and calculate the theoretical mass (M SCV,n ) vented to the controls using equation 4 to this paragraph.\n\nWhere:\n \n M SCV,n  = Theoretical total mass of EtO vented to controls per charge, g (lb)\n \n M charge  = total mass of sterilizer gas charge, g (lb)\n \n %E.O. w  = weight percent of EtO\n\nWhere:\n\n(ii) Install a calibrated rate meter at the sterilizer inlet(s) and continuously measure the flow rate (Q m ) and duration of each sterilizer charge. Calculate the theoretical mass (M SCV,n ) vented to the controls using equation 5 to this paragraph.\n\nWhere:\n \n M SCV,n  = Total mass of EtO sent to controls per charge\n \n Q m  = volumetric flow rate, liters per minute (L/min) corrected to 20 \u00b0C and 101.325 kilopascals (kPa) (scf per minute (scfm) corrected to 68 \u00b0F and 1 atmosphere of pressure (atm))\n \n T n  = time duration of each charge, min\n \n n  = number of EtO charges\n \n %E.O. v  = volume fraction percent of EtO\n \n MW  = molecular weight of EtO, 44.05 grams per gram-mole (g/g-mole) (44.05 pounds per pound-mole (lb/lb-mole))\n \n SV  = standard volume, 24.05 liters per gram-mole (L/g-mole) at 20 \u00b0C and 101.325 kPa (385.1 scf per pound-mole (scf/lb-mole) at 68 \u00b0F and 1 atm).\n\nWhere:\n\n(2) Determine the mass rate of EtO sent to controls during the performance test using equation 6 to this paragraph.\n\nWhere:\n \n M SCV  = Total mass of EtO sent to controls per hour, g/hr (lb/hr)\n \n M SCV,n  = Total mass of EtO sent to controls per charge per chamber, g (lb)\n \n T t  = Total time of the performance test, hour\n \n n  = Total number of charges during testing period\n \n f  = Portion of EtO use that is assumed to be routed to the control system (0.93 if aeration is conducted in separate vessel; 0.98 otherwise)\n\nWhere:\n\n(d)  Compliance determination for facility where EtO use is less than 100 pounds per year.  Each compliance demonstration shall consist of three separate runs using the applicable methods in paragraph (b) or (c) of this section. To determine compliance with the relevant standard, arithmetic mean of the three runs must be used. These procedures may be performed over a run duration of 1-hour (for a total of three 1-hour runs), except for the SCV testing from this category, where each run shall consist of the entirety of the sterilizer chamber evacuation and subsequent washes. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator must also account for the control system residence time when conducting the performance test. 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. The following procedures shall be used to demonstrate compliance with a removal efficiency standard. In addition to these procedures, the procedures in paragraph (e) of this section must be followed to establish the operating parameter limits for each applicable emission control(s).\n\n(1) You may determine the mass rate emissions of the stream prior to the control system and at the outlet of the control system using the test methods in paragraph (b) of this section. If the vent stream is comprised only of one or more SCVs, then you may use the procedures in paragraph (c) of this section for the mass rate emissions at the inlet.\n\n(2) Calculate the total mass of EtO per hour that is routed to the control system by summing the mass of EtO per hour from each vent.\n\n(3) Determine percent emission reduction (%ER) using the equation 7 to this paragraph:\n\nWhere:\n \n % ER = percent emission reduction\n \n M APCD,i  = total mass of EtO per hour to the control device\n \n E APCD,o  = total mass of EtO per hour from the control device\n\nWhere:\n\n(4) Repeat these procedures two additional times. The arithmetic average percent efficiency of the three runs shall determine the overall efficiency of the control system.\n\n(e)  Determination of operating limits for control device(s).  If you are using performance testing to demonstrate compliance with removal efficiency standards, and if you are not demonstrating continual compliance with the applicable standard(s) using an EtO CEMS, you must also determine the operating limit(s) for each control device and then monitor the parameter(s) for each control device. The procedures in the following paragraphs shall be used to establish the parameter operating limits to be continually monitored in \u00a7 63.364.\n\n(1)  Acid-water scrubbers.  The procedures in paragraph (e)(1) of this section shall be used to determine the operating limits for acid-water scrubbers.\n\n(i)  Ethylene glycol concentration.  For determining the ethylene glycol concentration operating limit, you must establish the maximum ethylene glycol concentration as the ethylene glycol concentration averaged over three test runs; use the sampling and analysis procedures in ASTM D3695-88 (incorporated by reference, see \u00a7 63.14) to determine the ethylene glycol concentration.\n\n(ii)  Scrubber liquor tank level.  During the performance test, you must monitor and record the scrubber liquor tank level to the nearest \n 1/4  inch at the end of each of the three test runs. Use the data collected during the most recent performance test to calculate the average scrubber liquor tank level. This scrubber liquor tank level is the maximum operating limit for your scrubber liquor tank. Repeat this procedure for every scrubber liquor tank that is included in the performance test.\n\n(iii)  Scrubber liquor pH.  During the performance test, you must monitor and record the scrubber liquor pH at least once every 15 minutes during each of the three test runs. You must use pH monitors as described in \u00a7 63.364(b)(3). Use the data collected during the most recent performance test to calculate the average scrubber pH measured. This scrubber liquor pH is the maximum operating limit for your acid-water scrubber. Repeat this procedure for every scrubber liquor tank that is included in the performance test.\n\n(2)  Thermal oxidizers.  The procedures in this paragraph shall be used to determine the operating limits for thermal oxidizers.\n\n(i) During the performance test, you must monitor and record the temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox. You must use temperature monitors as described in \u00a7 63.364(c)(4).\n\n(ii) Use the data collected during the performance test to calculate and record the average temperature for each test run maintained during the performance test. The average temperature of the test runs is the minimum operating limit for your thermal oxidizer, unless it exceeds the recommended maximum oxidation temperature provided by the oxidation unit manufacturer. If this occurs, the minimum operating limit for your thermal oxidizer consists of the recommended maximum oxidation temperature provided by the oxidation unit manufacturer.\n\n(iii) Paragraphs (e)(2)(i) and (ii) of this section must be completed for each thermal oxidizer that is involved in the performance test.\n\n(3)  Catalytic oxidizers.  The procedures in this paragraph shall be used to determine the operating limits for catalytic oxidizers.\n\n(i) Prior to the start of the performance test, you must check the catalyst bed for channeling, abrasion, and settling. If problems are found during the inspection, you must replace the catalyst bed or take other correction action consistent with the manufacturer's recommendations.\n\n(ii) During the performance test, you must monitor and record the temperature at the inlet to the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. You must use temperature monitors as described in \u00a7 63.364(c)(4).\n\n(iii) Use the data collected during the performance test to calculate and record the average temperature at the inlet to the catalyst bed and the average temperature difference across the catalyst bed maintained for each test run, and then calculate the arithmetic averages of the test runs. These arithmetic averages of the test runs are the minimum operating limits for your catalytic oxidizer, unless it exceeds the recommended maximum oxidation temperature provided by the oxidation unit manufacturer. If this occurs, the minimum operating limit for your catalytic oxidizer consists of the recommended maximum oxidation temperature provided by the oxidation unit manufacturer.\n\n(iv) Paragraphs (e)(3)(i) through (iii) of this section must be completed for each catalytic oxidizer that is involved in the performance test.\n\n(4)  Gas/solid reactors.  During the performance test, you must monitor and record the gas/solid reactor pressure drop at least once every 15 minutes during each of the three test runs. Use the data collected during the most recent performance test to calculate the gas/solid reactor pressure measured. This gas/solid reactor pressure is the maximum operating limit for your gas/solid. Repeat this procedure for every gas/solid reactor that is included in the performance test.\n\n(5)  Other control system for facility where EtO use is less than 100 pounds per year.  If you seek to demonstrate compliance with a standard found at \u00a7 63.362 with a control device other than an acid-water scrubber, catalytic oxidizer, thermal oxidizer, or gas/solid reactor, you must provide to the Administrator the information requested under \u00a7 63.363(e). You must submit a monitoring plan that contains the following items: a description of the device; test results collected in accordance with \u00a7 63.363(e) verifying the performance of the device for controlling EtO emissions to the atmosphere to the levels required by the applicable standards; the appropriate operating parameters that will be monitored, identifying the ongoing QA procedures and performance specifications that will be conducted on the instruments; the frequency of conducting QA and performance checks; and the frequency of measuring and recording to establish continuous compliance with the standards. Your monitoring plan is subject to the Administrator's approval. Upon approval by the Administrator you must install, calibrate, operate, and maintain the monitor(s) approved by the Administrator based on the information submitted in your monitoring plan. You must include in your monitoring plan proposed performance specifications and quality assurance procedures for your monitors. The Administrator may request further information and shall approve appropriate test methods and procedures.\n\n(f)  Determination of compliance with PTE requirement.  If you are required to operate any portion of your facility with PTE, you must demonstrate initial compliance with the requirements of this subpart by following the procedures of paragraphs (f)(1) through (3) of this section, as applicable, during the initial compliance demonstration or during the initial certification of the CEMS tests.\n\n(1) Determine the capture efficiency by verifying the capture system meets the criteria in section 6 of Method 204 of appendix M to part 51 of this chapter and directs all the exhaust gases from the enclosure to an add-on control device.\n\n(2) Ensure that the air passing through all NDOs flows into the enclosure continuously. If the facial velocities (FVs) are less than or equal to 9,000 meters per hour (492 feet per minute), the continuous inward flow of air shall be verified by continuous observation using smoke tubes, streamers, tracer gases, or other means approved by the Administrator over the period that the volumetric flow rate tests required to determine FVs are carried out. If the FVs are greater than 9,000 meters per hour (492 feet per minute), the direction of airflow through the NDOs shall be presumed to be inward at all times without verification.\n\n(3) If you are demonstrating continuous compliance through monitoring the volumetric flow rate, you must monitor and record the volumetric flow rate (in cubic feet per second) from the PTE through the stack(s) at least once every 15 minutes during each of the three test runs. Use the data collected during the most recent compliance demonstration to calculate the average volumetric flow rate measured during the compliance demonstration. This volumetric flow rate is the minimum operating limit for the stack. Repeat this procedure for every stack that is included in the compliance demonstration."], ["40:40:11.0.1.1.1.15.8.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.366 Reporting requirements.", "EPA", "", "", "", "(a)  General requirements.  The owner or operator of an affected source subject to the emissions standards in \u00a7 63.362 must fulfill all reporting requirements in \u00a7 63.10(a), (d), (e), and (f), according to the applicability in table 6 to this subpart. These reports will be made to the Administrator at the appropriate address identified in \u00a7 63.13 or submitted electronically.\n\n(b)  Initial compliance report submission.  You must submit an initial compliance report that provides summary, monitoring system performance, and deviation information to the Administrator on April 5, 2027, or once the report template for this subpart has been available on the Compliance and Emissions Data Reporting Interface (CEDRI) website for one year, whichever date is later, to the EPA via CEDRI, which can be accessed through the EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov/ ). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as confidential business information (CBI). Anything submitted using CEDRI cannot later be claimed CBI. You must use the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri ) for this subpart. The date report templates become available will be listed on the CEDRI website. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, submit a complete report, including information claimed to be CBI, to the EPA. The CBI report must be generated using the appropriate form on the CEDRI website or an alternate electronic file consistent with the extensible markup language (XML) schema listed on the CEDRI website. Submit the CBI file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Commercial Sterilization Facilities Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. Reports of deviations from an operating limit shall include all information required in \u00a7 63.10(c)(5) through (13), as applicable in table 6 to this subpart, along with information from any calibration tests in which the monitoring equipment is not in compliance with Performance Specification 19 in appendix B and Procedure 7 in appendix F to part 60 of this chapter or the method used for parameter monitoring device calibration. Reports shall also include the name, title, and signature of the responsible official who is certifying the accuracy of the report. If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces this requirement. When no deviations have occurred or monitoring equipment has not been inoperative, repaired, or adjusted, such information shall be stated in the report. In addition, the summary report shall include:\n\n(1) The following information:\n\n(i) Date that facility commenced construction or reconstruction;\n\n(ii) Hours of commercial sterilization operation over the previous 12 months; and\n\n(iii) Monthly EtO use, in tons, over the previous 36 months.\n\n(iv) If you are electing to determine the mass of EtO sent to the control device from the SCV(s) via the procedure in \u00a7 63.364(f)(1)(i), you must report the daily EtO use from each applicable chamber for the previous 7 months.\n\n(v) An indication if you are required to comply with one or more combined emission stream limitations. If so, indicate the affected sources that are included in each combined emission stream limitation.\n\n(vi) An indication if you are electing to comply with a site-wide emission limit. If you are electing to comply with a site-wide emission limit, report the daily EtO use over the previous 7 months.\n\n(2) If your sterilization facility is demonstrating continuous compliance through periodic performance testing, you must report the following:\n\n(i) Control system ID;\n\n(ii) Control device ID;\n\n(iii) Control device type; and\n\n(iv) Recirculation tank ID if an acid-water scrubber is used to meet the emission standard and you elect to comply with the maximum scrubber liquor height limit;\n\n(3) You must report the following for each sterilization chamber at your facility:\n\n(i) The sterilization chamber ID;\n\n(ii) The ID of the control system that the SCV was routed to, if applicable;\n\n(iii) The portion of SCV exhaust that was routed to the control system, if applicable;\n\n(iv) The ID of the EtO CEMS that was used to monitor SCV emissions, if applicable;\n\n(v) The portion of SCV exhaust that was monitored with the EtO CEMS, if applicable;\n\n(vi) The ID of the control system that the CEV was routed to, if applicable;\n\n(vii) The portion of CEV exhaust that was routed to the control system, if applicable;\n\n(viii) The ID of the EtO CEMS that was used to monitor CEV emissions, if applicable;\n\n(ix) The portion of CEV exhaust that was monitored with the EtO CEMS, if applicable;\n\n(4) If emissions from any room in your facility are subject to an emission standard, you must report the following for each room where there is the potential for EtO emissions:\n\n(i) Room ID;\n\n(ii) Documentation of emissions occurring within the room, including aeration, EtO storage, EtO dispensing, pre-aeration handling of sterilized material, and post-aeration handling of sterilized material;\n\n(iii) The ID of the control system that the room air was routed to, if applicable;\n\n(iv) The portion of room air that was routed to the control system, if applicable;\n\n(v) The ID of the EtO CEMS that was used to monitor room air emissions, if applicable;\n\n(vi) The portion of room air that was monitored with the EtO CEMS, if applicable;\n\n(5) If an EtO CEMS was used to demonstrate continuous compliance with an emission standard for more than 30-operating days, you must report the following:\n\n(i) The information specified in section 11 of appendix A to this subpart.\n\n(ii) The affected sources that are included in each inlet that is being monitored with EtO CEMS;\n\n(iii) The IDs of each inlet(s) to and outlet(s) from each control system.\n\n(iv) The daily sum of EtO for each inlet, along with 30-operating day rolling sums.\n\n(v) The daily sum of EtO emissions from each outlet of the control system, along with 30-operating day rolling sums.\n\n(vi) For each day, calculate and report the daily mass emission limit that the control system must achieve based on the previous 30 days of data. For control systems with multiple emission streams, and complying with a combined emission stream limitation in \u00a7 63.362(i) or a SWEL in \u00a7 63.362(j), report the daily 30-operating day mass emission limit as determined in accordance with CES in \u00a7 63.362(i)(1)(i) and (i)(2)(i) or with \u00a7 63.362(j)(1)(i) and (j)(2)(i), as applicable.\n\n(vii) For each day, the mass of EtO emitted from the control system over the previous 30 operating days.\n\n(6) If any portion of your facility is required to be operated with PTE, you must report the following:\n\n(i) If you are choosing to demonstrate continuous compliance through the use of volumetric flow rate monitoring, you must report the 3-hr rolling average, rolled hourly volumetric flow from each outlet where air from the PTE is sent, in cubic feet per second.\n\n(ii) If you are choosing to demonstrate continuous compliance through use of differential pressure monitoring, you must report the 3-hr rolling average, rolled hourly pressure differential reading, in inches water.\n\n(7) If you are complying with the requirement to follow the best management practice to limit sterilization chamber concentration of EtO to 1 ppmv prior to opening the sterilization chamber door, you must provide a certification from your responsible official that this approach is being followed and you are meeting the monitoring requirements at \u00a7 63.362(h).\n\n(8) If you own or operate an existing collection of Group 2 room air emissions at an area source facility and facility EtO use is less than 4 tpy, you must report the following for each room where there are Group 2 room air emissions:\n\n(i) Room ID;\n\n(ii) Number of room air changes per hour;\n\n(iii) Room temperature, in degrees Celsius; and\n\n(iv) EtO concentration, in ppmv dry basis (ppbvd).\n\n(9) If you own or operate an existing collection of Group 2 room air emissions at an area source facility and EtO use is less than 4 tpy, you are not required to report the information in paragraph (b)(8) of this section if you meet the following requirements:\n\n(i) You are complying with the best management practice to limit sterilization chamber concentration of EtO to 1 ppmv prior to opening the sterilization chamber door; and\n\n(ii) The requirements of \u00a7 63.363 are met.\n\n(10) Report the number of deviations to meet an applicable standard. For each instance, report the date, time, the cause and duration of each deviation. For each deviation the report must include a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to determine the emissions.\n\n(c)  Quarterly compliance report submission.  You must submit compliance reports that provide summary, monitoring system performance, and deviation information to the Administrator within 30 days following the end of each calendar quarter. Beginning on April 5, 2027, or once the report template for this subpart has been available on the Compliance and Emissions Data Reporting Interface (CEDRI) website for 1 year, whichever date is later, submit all subsequent reports to the EPA via CEDRI, which can be accessed through the EPA's CDX ( https://cdx.epa.gov/ ). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. You must use the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri ) for this subpart. The date report templates become available will be listed on the CEDRI website. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim, submit a complete report, including information claimed to be CBI, to the EPA. The CBI report must be generated using the appropriate form on the CEDRI website or an alternate electronic file consistent with the XML schema listed on the CEDRI website. Submit the CBI file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Commercial Sterilization Facilities Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Reports of deviations from an operating limit shall include all information required in \u00a7 63.10(c)(5) through (13), as applicable in table 6 to this subpart, and information from any calibration tests in which the monitoring equipment is not in compliance with Performance Specification 19 in appendix B and Procedure 7 in appendix F to part 60 of this chapter or the method used for parameter monitoring device calibration. Reports shall also include the name, title, and signature of the responsible official who is certifying the accuracy of the report. If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces this requirement. When no deviations have occurred or monitoring equipment has not been inoperative, repaired, or adjusted, such information shall be stated in the report. In addition, the summary report shall include:\n\n(1) The information listed in paragraphs (b)(1)(i) through (vi) of this section, with the exception that monthly EtO use, in tons, only needs reported for the previous 12 months;\n\n(2) If your sterilization facility is demonstrating continuous compliance through periodic performance testing, you must report the ID for any control system that has not operated since the end of the period covered by the previous compliance report. If a control system has commenced operation since end of the period covered by the previous compliance report, or if any of the information in paragraphs (b)(2)(i) through (iv) of this section has changed for a control system that was included in the previous compliance report, you must report the information in paragraphs (b)(2)(i) through (iv) of this section for those control systems;\n\n(3) You must report the ID for any sterilization chamber that has not operated since then end of the period covered by the previous compliance report. If a sterilization chamber has commenced operation since the end of the period covered by the previous compliance report, or if any of the information in paragraphs (b)(3)(i) through (ix) of this section has changed for a sterilization chamber that was included in the previous compliance report, you must report the information in paragraphs (b)(3)(i) through (ix) of this section for those sterilization chambers;\n\n(4) If emissions from any room in your facility are subject to an emission standard, you must report the ID for any room where there has not been the potential for EtO emissions since the end of the period covered by the previous compliance report. If a room has had the potential for EtO emissions since the end of the period covered by the previous compliance report, or if any of the information in paragraphs (b)(4)(i) through (vi) of this section has changed for a room where there is the potential for EtO emissions that was included in the previous compliance report, you must report the information in paragraphs (b)(4)(i) through (vi) of this section for those rooms;\n\n(5) If an EtO CEMS was used to demonstrate continuous compliance, you must report the information specified in paragraphs (b)(5)(i) through (vi) of this section.\n\n(6) If any portion of your facility is required to be operated with PTE, you must report the information listed in paragraph (b)(6) of this section.\n\n(7) If you are complying with the requirement to follow the best management practice to limit sterilization chamber concentration of EtO to 1 ppmv prior to opening the sterilization chamber door, you must provide a certification from your responsible official that this approach is being followed and you are meeting the monitoring requirements at \u00a7 63.362(h).\n\n(8) If you own or operate an existing collection of Group 2 room air emissions at an area source facility and facility EtO use is less than 4 tpy, you must report the ID for any room where Group 2 room air emissions have ceased since end of the period covered by the previous compliance report. If a room has had Group 2 room air emissions since the end of the period covered by the previous compliance report, or if any of the information in paragraphs (b)(8)(i) through (iv) of this section has changed for a room where there are Group 2 room air emissions that were included in the previous compliance report, you must report the information in paragraphs (b)(8)(i) through (iv) of this section for each room where there are Group 2 room air emissions.\n\n(9) If you own or operate an existing collection of Group 2 room air emissions at an area source facility and facility EtO use is less than 4 tpy, you are not required to report the information in paragraph (c)(8) of this section if you meet the requirements in paragraph (b)(9) of this section.\n\n(10) Report the number of deviations to meet an applicable standard. For each instance, report the date, time, the cause, and duration of each deviation. For each deviation, the report must include a list of the affected sources or equipment, the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to determine the emissions.\n\n(d)  Construction and reconstruction application.  You must fulfill all requirements for construction or reconstruction of a facility in \u00a7 63.5, according to the applicability in table 6 to this subpart, and in this paragraph.\n\n(1)  Applicability.  (i) This paragraph (d) and \u00a7 63.5 implement the preconstruction review requirements of section 112(i)(1) for facilities subject to these emissions standards. In addition, this paragraph (d) and \u00a7 63.5 include other requirements for constructed and reconstructed facilities that are or become subject to these emissions standards.\n\n(ii) After April 5, 2024, the requirements in this section and in \u00a7 63.5 apply to owners or operators who construct a new facility or reconstruct a facility subject to these emissions standards after April 5, 2024. New or reconstructed facilities subject to these emissions standards with an initial startup date before the effective date are not subject to the preconstruction review requirements specified in paragraphs (b)(2) and (3) of this section and \u00a7 63.5(d)(3) and (4) and (e).\n\n(2)  Advance approval.  After April 5, 2024, whether or not an approved permit program is effective in the jurisdictional authority in which a facility is (or would be) located, no person may construct a new facility or reconstruct a facility subject to these emissions standards, or reconstruct a facility such that the facility becomes a facility subject to these emissions standards, without obtaining advance written approval from the Administrator in accordance with the procedures specified in paragraph (b)(3) of this section and \u00a7 63.5(d)(3) and (4) and (e).\n\n(3)  Application for approval of construction or reconstruction.  The provisions of paragraph (b)(3) of this section and \u00a7 63.5(d)(3) and (4) implement section 112(i)(1) of the Act.\n\n(i)  General application requirements.  (A) An owner or operator who is subject to the requirements of paragraph (b)(2) of this section shall submit to the Administrator an application for approval of the construction of a new facility subject to these emissions standards, the reconstruction of a facility subject to these emissions standards, or the reconstruction of a facility such that the facility becomes a facility subject to these emissions standards. The application shall be submitted as soon as practicable before the construction or reconstruction is planned to commence (but not sooner than the effective date) if the construction or reconstruction commences after the effective date. The application shall be submitted as soon as practicable before the initial startup date but no later than 60 days after the effective date if the construction or reconstruction had commenced and the initial startup date had not occurred before the effective date. The application for approval of construction or reconstruction may be used to fulfill the initial notification requirements of paragraph (e)(1)(iii) of this section. The owner or operator may submit the application for approval well in advance of the date construction or reconstruction is planned to commence in order to ensure a timely review by the Administrator and that the planned commencement date will not be delayed.\n\n(B) A separate application shall be submitted for each construction or reconstruction. Each application for approval of construction or reconstruction shall include at a minimum:\n\n( 1 ) The applicant's name and address.\n\n( 2 ) A notification of intention to construct a new facility subject to these emissions standards or make any physical or operational change to a facility subject to these emissions standards that may meet or has been determined to meet the criteria for a reconstruction, as defined in \u00a7 63.2.\n\n( 3 ) The address ( i.e.,  physical location) or proposed address of the facility.\n\n( 4 ) An identification of the relevant standard that is the basis of the application.\n\n( 5 ) The expected commencement date of the construction or reconstruction.\n\n( 6 ) The expected completion date of the construction or reconstruction.\n\n( 7 ) The anticipated date of (initial) startup of the facility.\n\n( 8 ) The type and quantity of hazardous air pollutants emitted by the facility, reported in units and averaging times and in accordance with the test methods specified in the 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 facility reported in units and averaging times specified. The owner or operator may submit percent reduction information, if the 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.\n\n( 9 ) Other information as specified in paragraph (b)(3)(ii) of this section and \u00a7 63.5(d)(3).\n\n(C) An owner or operator who submits estimates or preliminary information in place of the actual emissions data and analysis required in paragraphs (b)(3)(i)(B)( 8 ) and (b)(3)(ii) 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 paragraph (c)(2) of this section.\n\n(ii)  Application for approval of construction.  Each application for approval of construction shall include, in addition to the information required in paragraph (b)(3)(i)(B) of this section, technical information describing the proposed nature, size, design, operating design capacity, and method of operation of the facility subject to these emissions standards, including an identification of each point of emission for each hazardous air pollutant that is emitted (or could be emitted) and a description of the planned air pollution control system (equipment or method) for each emission point. The description of the equipment to be used for the control of emissions shall include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations. An owner or operator who submits approximations of control efficiencies under paragraph (b)(3) of this section shall submit the actual control efficiencies as specified in paragraph (b)(3)(i)(C) of this section.\n\n(4)  Approval of construction or reconstruction based on prior jurisdictional authority preconstruction review.  (i) The Administrator may approve an application for construction or reconstruction specified in paragraphs (b)(2) and (3) of this section and \u00a7 63.5(d)(3) and (4) if the owner or operator of a new or reconstructed facility who is subject to such requirement demonstrates to the Administrator's satisfaction that the following conditions have been (or will be) met:\n\n(A) The owner or operator of the new or reconstructed facility subject to these emissions standards has undergone a preconstruction review and approval process in the jurisdictional authority in which the facility is (or would be) located before the effective date and has received a federally enforceable construction permit that contains a finding that the facility will meet these emissions standards as proposed, if the facility is properly built and operated;\n\n(B) In making its finding, the jurisdictional authority has considered factors substantially equivalent to those specified in \u00a7 63.5(e)(1).\n\n(ii) The owner or operator shall submit to the Administrator the request for approval of construction or reconstruction no later than the application deadline specified in paragraph (b)(3)(i) of this section. The owner or operator shall include in the request information sufficient for the Administrator's determination. The Administrator will evaluate the owner or operator's request in accordance with the procedures specified in \u00a7 63.5. The Administrator may request additional relevant information after the submittal of a request for approval of construction or reconstruction.\n\n(e)  Notification requirements.  The owner or operator of an affected source subject to an emissions standard in \u00a7 63.362 shall fulfill all notification requirements in \u00a7 63.9, according to the applicability in table 6 to this subpart, and in this paragraph (e).\n\n(1)  Initial notifications.  (i) If you own or operate an affected source subject to an emissions standard in \u00a7 63.362, you may use the application for approval of construction or reconstruction under paragraph (d)(3)(ii) of this section and \u00a7 63.5(d)(3), respectively, if relevant to fulfill the initial notification requirements.\n\n(ii) The owner or operator of a new or reconstructed facility subject to these emissions standards that has an initial startup date after the effective date and for which an application for approval of construction or reconstruction is required under paragraph (d)(3) of this section and \u00a7 63.5(d)(3) and (4) shall provide the following information in writing to the Administrator:\n\n(A) A notification of intention to construct a new facility subject to these emissions standards, reconstruct a facility subject to these emissions standards, or reconstruct a facility such that the facility becomes a facility subject to these emissions standards with the application for approval of construction or reconstruction as specified in paragraph (d)(3)(i)(A) of this section;\n\n(B) A notification of the date when construction or reconstruction was commenced, submitted simultaneously with the application for approval of construction or reconstruction, if construction or reconstruction was commenced before the effective date of these standards;\n\n(C) A notification of the date when construction or reconstruction was commenced, delivered or postmarked no later than 30 days after such date, if construction or reconstruction was commenced after the effective date of these standards;\n\n(D) A notification of the anticipated date of startup of the facility, delivered or postmarked not more than 60 days nor less than 30 days before such date; and\n\n(E) A notification of the actual date of initial startup of the facility, delivered or postmarked within 15 calendar days after that date.\n\n(iii) After the effective date, whether or not an approved permit program is effective in the jurisdictional authority in which a facility subject to these emissions standards is (or would be) located, an owner or operator who intends to construct a new facility subject to these emissions standards or reconstruct a facility subject to these emissions standards, or reconstruct a facility such that it becomes a facility subject to these emissions standards, shall notify the Administrator in writing of the intended construction or reconstruction. The notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence (but no sooner than the effective date of these standards) if the construction or reconstruction commences after the effective date of the standard. The notification shall be submitted as soon as practicable before the initial startup date but no later than 60 days after the effective date of this standard if the construction or reconstruction had commenced and the initial startup date has not occurred before the standard's effective date. The notification shall include all the information required for an application for approval of construction or reconstruction as specified in paragraph (d)(3) of this section and \u00a7 63.5(d)(3) and (4). For facilities subject to these emissions standards, the application for approval of construction or reconstruction may be used to fulfill the initial notification requirements of \u00a7 63.9.\n\n(2) If an owner or operator of a facility subject to these emissions standards submits estimates or preliminary information in the application for approval of construction or reconstruction required in paragraph (d)(3)(ii) of this section and \u00a7 63.5(d)(3), respectively, in place of the actual emissions data or control efficiencies required in paragraphs (d)(3)(i)(B)( 8 ) and (b)(3)(ii) of this section, 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.\n\n(3) If you own or operate an affected source subject to an emissions standard in \u00a7 63.362, you must also include the amount of EtO used at the facility during the previous consecutive 12-month period in the initial notification report required by \u00a7 63.9(b)(2) and (3). For new sterilization facilities subject to this subpart, the amount of EtO used at the facility shall be an estimate of expected use during the first consecutive 12-month period of operation.\n\n(4) Beginning October 7, 2024, you must submit all subsequent Notification of Compliance Status reports in PDF formatto the EPA following the procedure specified in \u00a7 63.9(k), except any medium submitted through mail must be sent to the attention of the Commercial Sterilization Sector Lead.\n\n(f)  Performance test submission.  Beginning on June 4, 2024, within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (f)(1) through (3) of this section.\n\n(1)  Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test.  Submit the results of the performance test to the EPA via the CEDRI, which can be accessed through the EPA's CDX ( https://cdx.epa.gov/ ). The data must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website.\n\n(2)  Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test.  The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.\n\n(3)  CBI.  Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (f)(1)(i) or (ii) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraphs (f)(1)(i) and (ii) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.\n\n(g)  Performance evaluation submission.  Beginning on June 4, 2024, within 60 days after the date of completing each CEMS performance evaluation (as defined in \u00a7 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (g)(1) through (3) of this section.\n\n(1)  Performance evaluations of CEMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation.  Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA's CDX. The data must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website.\n\n(2)  Performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation.  The results of the performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.\n\n(3)  CBI.  Do not use CEDRI to submit information you claim as CBI. Anything submitted using CEDRI cannot later be claimed CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (g)(1)(i) or (ii) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. The CBI file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the CBI file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraphs (g)(1)(i) and (ii) of this section. All CBI claims must be asserted at the time of submission. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.\n\n(h)  Extensions for CDX/CEDRI outages.  If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with that reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (h)(1) through (7) of this section.\n\n(1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.\n\n(2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due.\n\n(3) The outage may be planned or unplanned.\n\n(4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.\n\n(5) You must provide to the Administrator a written description identifying:\n\n(i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable;\n\n(ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage;\n\n(iii) A description of measures taken or to be taken to minimize the delay in reporting; and\n\n(iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.\n\n(6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.\n\n(7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved.\n\n(i)  Extensions for force majeure events.  If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of  force majeure  for failure to timely comply with that reporting requirement. To assert a claim of  force majeure,  you must meet the requirements outlined in paragraphs (i)(1) through (5) of this section.\n\n(1) You may submit a claim if a  force majeure  event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a  force majeure  event is defined as 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 you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g.,  hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility ( e.g.,  large scale power outage).\n\n(2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.\n\n(3) You must provide to the Administrator:\n\n(i) A written description of the  force majeure  event;\n\n(ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the  force majeure  event;\n\n(iii) A description of measures taken or to be taken to minimize the delay in reporting; and\n\n(iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.\n\n(4) The decision to accept the claim of  force majeure  and allow an extension to the reporting deadline is solely within the discretion of the Administrator.\n\n(5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs."], ["40:40:11.0.1.1.1.15.8.8", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.367 Recordkeeping requirements.", "EPA", "", "", "", "(a) If you own or operate an affected source subject to \u00a7 63.362, you must comply with the recordkeeping requirements in \u00a7 63.10(a) through (c), according to the applicability in table 6 to this subpart, and in this section. All records required to be maintained by this subpart or a subpart referenced by this subpart shall be maintained in such a manner that they can be readily accessed and are suitable for inspection.\n\n(b) You must maintain the previous five years of records specified in \u00a7 63.366(b) and (c), as applicable.\n\n(c) You must maintain the previous five years of records for compliance tests and associated data analysis, as applicable.\n\n(d) Any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation.\n\n(e) If you are using an EtO CEMS to demonstrate continuous compliance, you must maintain the previous five years of records for all required certification and QA tests.\n\n(f) For each deviation from an emission limit, operating limit, or best management practice, you must keep a record of the information specified in paragraph (g)(1) through (4) of this section. The records shall be maintained as specified in \u00a7 63.10(b)(1).\n\n(1) The occurrence and duration of each startup, shutdown, or malfunction of process, air pollution control, and monitoring equipment.\n\n(2) In the event that an affected unit does not meet an applicable standard, record the number of deviations. For each deviation, record the date, time, cause, and duration of each deviation.\n\n(3) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions.\n\n(4) Record actions taken to minimize emissions in accordance with \u00a7 63.362(k) and any corrective actions taken to return the affected unit to its normal or usual manner of operation."], ["40:40:11.0.1.1.1.15.8.9", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "O", "Subpart O\u2014Ethylene Oxide Emissions Standards for Sterilization Facilities", "", "\u00a7 63.368 Implementation and enforcement.", "EPA", "", "", "", "(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 whether implementation and enforcement of this subpart are delegated to a State, local, or Tribal agency.\n\n(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.\n\n(c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section.\n\n(1) Approval of alternatives to the requirements in \u00a7\u00a7 63.360 and 63.362.\n\n(2) Approval of major alternatives to test methods under \u00a7 63.7(e)(2)(ii) and (f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(3) Approval of major alternatives to monitoring under \u00a7 63.8(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(4) Approval of major alternatives to recordkeeping and reporting under \u00a7 63.10(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(5) Approval of an alternative to any electronic reporting to the EPA required by this subpart."], ["40:40:11.0.1.1.1.17.8.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "Q", "Subpart Q\u2014National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers", "", "\u00a7 63.400 Applicability.", "EPA", "", "", "[59 FR 46350, Sept. 8, 1994, as amended at 71 FR 17738, Apr. 7, 2006]", "(a) The provisions of this subpart apply to all new and existing industrial process cooling towers that are operated with chromium-based water treatment chemicals and are either major sources or are integral parts of facilities that are major sources as defined in \u00a7 63.401.\n\n(b) Table 1 of this subpart specifies the provisions of subpart A that apply and those that do not apply to owners and operators of IPCT's subject to this subpart."], ["40:40:11.0.1.1.1.17.8.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "Q", "Subpart Q\u2014National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers", "", "\u00a7 63.401 Definitions.", "EPA", "", "", "", "Terms used in this subpart are defined in the Act, in subpart A of this part, or in this section as follows:\n\nChromium-based water treatment chemicals  means any combination of chemical substances containing chromium used to treat water.\n\nCommenced  means, with respect to construction or reconstruction of an IPCT, 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.\n\nCompliance date  means the date by which an affected IPCT is required to be in compliance with this subpart.\n\nConstruction  means the on-site fabrication, erection, or installation of an IPCT.\n\nCooling tower  means an open water recirculating device that uses fans or natural draft to draw or force ambient air through the device to cool warm water by direct contact.\n\nEffective date  means September 8, 1994, for this subpart.\n\nExisting IPCT  means any affected IPCT that is not a new IPCT.\n\nIndustrial process cooling tower,  also written as \u201cIPCT,\u201d means any cooling tower that is used to remove heat that is produced as an input or output of a chemical or industrial process(es), as well as any cooling tower that cools industrial processes in combination with any heating, ventilation, or air conditioning system.\n\nInitial startup  means the initiation of recirculation water flow within the cooling tower.\n\nMajor 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.\n\nNew IPCT  means any affected IPCT the construction or reconstruction of which commenced after August 12, 1993.\n\nOwner or operator  means any person who owns, leases, operates, controls, or supervises an IPCT.\n\nPotential 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.\n\nReconstruction  means the replacement of components of an affected or a previously unaffected IPCT to such an extent that 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 IPCT.\n\nResponsible official  means one of the following:\n\n(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:\n\n(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or\n\n(ii) The delegation of authority to such representative is approved in advance by the Administrator.\n\n(2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively.\n\n(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).\n\n(4) For affected sources (as defined in this part) applying for or subject to a title V permit: \u201cresponsible official\u201d shall have the same meaning as defined in part 70 of this chapter or Federal title V regulations (42 U.S.C. 7661), whichever is applicable.\n\nWater treatment chemicals  means any combination of chemical substances used to treat water in cooling towers, including corrosion inhibitors, antiscalants, dispersants, and any other chemical substances used to treat water."], ["40:40:11.0.1.1.1.17.8.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "Q", "Subpart Q\u2014National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers", "", "\u00a7 63.402 Standard.", "EPA", "", "", "", "No owner or operator of an IPCT shall use chromium-based water treatment chemicals in any affected IPCT."], ["40:40:11.0.1.1.1.17.8.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "Q", "Subpart Q\u2014National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers", "", "\u00a7 63.403 Compliance dates.", "EPA", "", "", "", "The requirements of \u00a7 63.402 of this subpart shall be applied on the following schedule:\n\n(a) For existing IPCT's, the compliance date shall be 18 months after September 8, 1994.\n\n(b) For new IPCT's that have an initial startup before September 8, 1994, the compliance date shall be September 8, 1994.\n\n(c) For new IPCT's that have an initial startup on or after September 8, 1994, the compliance date shall be the date of the initial startup."], ["40:40:11.0.1.1.1.17.8.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "Q", "Subpart Q\u2014National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers", "", "\u00a7 63.404 Compliance demonstrations.", "EPA", "", "", "[59 FR 46350, Sept. 8, 1994, as amended at 63 FR 39519, July 23, 1998; 69 FR 18803, Apr. 9, 2004]", "No routine monitoring, sampling, or analysis is required. In accordance with section 114 of the Act, the Administrator or delegated authority can require cooling water sample analysis of an IPCT if there is information to indicate that the IPCT is not in compliance with the requirements of \u00a7 63.402 of this subpart. The owner or operator of an IPCT may demonstrate compliance through recordkeeping in accordance with paragraph (c) of this section in lieu of a water sample analysis. If cooling water sample analysis is required:\n\n(a) The water sample analysis shall be conducted in accordance with Method 7196, Chromium, Hexavalent (Colorimetric), contained in the Third Edition of \u201cTest Methods for Evaluating Solid Waste, Physical/Chemical Methods,\u201d EPA Publication SW-846, (November 1986) and its Revision I, (December 1987), which are available for the cost of $110.00 from the Government Printing Office, Superintendent of Documents, Washington, DC 20402, (202) 783-3238 (document number 955-001-00000-1; or Method 3500-Cr D, Colorimetric Method, contained in the 18th Edition of \u201cStandard Methods for the Examination of Water and Wastewaster\u201d (1992), which is available from the American Public Health Association, 1015 15th Street, NW., Washington, DC 20005. These methods were approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected as a part of Docket A-91-65, located at the Air and Radiation Docket and Information Center, room M1500, EPA Central Docket Section, 401 M St., SW., Washington, DC. Copies may be inspected 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:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.\n\n(b) On or after 3 months after the compliance date, a cooling water sample residual hexavalent chromium concentration equal to or less than 0.5 parts per million by weight shall indicate compliance with \u00a7 63.402. Alternatively, an owner or operator may demonstrate compliance through record keeping in accordance with paragraph (c).\n\n(c) To demonstrate compliance with \u00a7 63.402, in lieu of the water sample analysis provided for in paragraph (a) of this section, the owner or operator of each IPCT may maintain records of water treatment chemical purchases, including invoices and other documentation that includes invoices and other documentation that includes date(s) of purchase or shipment, trade name or other information to identify composition of the product, and quantity of the product.\n\n(d) Following a request, by the Administrator or delegated authority, under paragraph (a) for a water sample analysis, failure to either meet the concentration level specified in paragraph (b) or provide the records specified in paragraph (c) shall indicate a violation of \u00a7 63.402."], ["40:40:11.0.1.1.1.17.8.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "Q", "Subpart Q\u2014National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers", "", "\u00a7 63.405 Notification requirements.", "EPA", "", "", "[59 FR 46350, Sept. 8, 1994, as amended at 85 FR 73889, Nov. 19, 2020]", "(a)  Initial notification.  (1) In accordance with \u00a7 63.9(b) of subpart A, owners or operators of all affected IPCT's that have an initial startup before September 8, 1994, shall notify the Administrator in writing. The notification, which shall be submitted not later than 12 months after September 8, 1994, or no later than 120 days after the source becomes subject to this subpart, whichever is later, shall provide the following information:\n\n(i) The name and address of the IPCT owner or operator;\n\n(ii) The address (i.e., physical location) of the affected IPCT;\n\n(iii) A statement that the notification is being submitted as required by this subpart; and\n\n(iv) A description of the type of water treatment program used in the affected IPCT, including the chemical name of each corrosion inhibitor ingredient used; the average concentration of those corrosion inhibitor ingredients maintained in the cooling water; and the material safety data sheet for each water treatment chemical or chemical compound used in the IPCT.\n\n(2) In accordance with \u00a7 63.9(b) of subpart A, owners or operators of all affected IPCT's that have an initial startup on or after September 8, 1994, shall notify the Administrator in writing that the source is subject to the relevant standard no later than 12 months after initial startup or no later than 120 days after the source becomes subject to this subpart, whichever is later. The notification shall provide all the information required in paragraphs (a)(1)(i) through (iv) of this section.\n\n(b)  Notification of compliance status.  (1) In accordance with \u00a7 63.9(h) of subpart A, owners or operators of affected IPCT's shall submit to the Administrator a notification of compliance status within 60 days of the date on which the IPCT is brought into compliance with \u00a7 63.402 of this subpart and not later than 18 months after September 8, 1994, or no later than 120 days after the source becomes subject to this subpart, whichever is later.\n\n(2) The notification of compliance status must:\n\n(i) Be signed by a responsible official who also certifies the accuracy of the report;\n\n(ii) Certify that source has complied with \u00a7 63.402 of this subpart; and\n\n(iii) Include the information required in paragraph (a)(1)(iv) of this section.\n\n(iv) Include the following statement:\n\nI certify that no chromium-based water treatment chemicals have been introduced since (the initial compliance date) into any IPCT located within the facility for any purpose.\n\nI certify that no chromium-based water treatment chemicals have been introduced since (the initial compliance date) into any IPCT located within the facility for any purpose."], ["40:40:11.0.1.1.1.17.8.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "Q", "Subpart Q\u2014National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers", "", "\u00a7 63.406 Recordkeeping and reporting requirements.", "EPA", "", "", "", "To demonstrate continuing compliance with \u00a7 63.402 of this subpart, the owner or operator of each affected IPCT shall maintain copies of the initial notification and the notification of compliance status as required by \u00a7 63.405 of this subpart for a period of at least 5 years onsite."], ["40:40:11.0.1.1.1.17.8.8", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "Q", "Subpart Q\u2014National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers", "", "\u00a7 63.407 Implementation and enforcement.", "EPA", "", "", "[68 FR 37348, June 23, 2003]", "(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.\n\n(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.\n\n(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.\n\n(1) Approval of alternatives to the requirements in \u00a7\u00a7 63.400 and 63.402 through 63.403.\n\n(2) Approval of major alternatives to test methods under \u00a7 63.7(e)(2)(ii) and (f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(3) Approval of major alternatives to monitoring under \u00a7 63.8(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(4) Approval of major alternatives to recordkeeping and reporting under \u00a7 63.10(f), as defined in \u00a7 63.90, and as required in this subpart."], ["40:40:11.0.1.1.1.18.8.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.420 Applicability.", "EPA", "", "", "[59 FR 64318, Dec. 14, 1994, as amended at 60 FR 43260, Aug. 18, 1995; 60 FR 62992, Dec. 8, 1995; 62 FR 9092, Feb. 28, 1997; 89 FR 39358, May 8, 2024]", "(a) Prior to May 8, 2027, the affected source to which the provisions of this subpart apply is each bulk gasoline terminal, except those bulk gasoline terminals meeting either of the criteria listed in paragraph (a)(1) or (2) of this section. No later than May 8, 2027, the affected source to which the provisions of this subpart apply is each bulk gasoline terminal located at a major source as defined in \u00a7 63.2.\n\n(1) Bulk gasoline terminals for which the owner or operator has documented and recorded to the Administrator's satisfaction that the result, E T , of the following equation is less than 1, and complies with requirements in paragraphs (c), (d), (e), and (f) of this section:\n\nE T  = CF[0.59(T F )(1-CE) + 0.17 (T E ) + 0.08(T ES ) + 0.038(T I ) + 8.5 \u00d7 10-6(C) + KQ] + 0.04(OE)\n\nwhere: \n \n E T  = emissions screening factor for bulk gasoline terminals; \n \n CF = 0.161 for bulk gasoline terminals and pipeline breakout stations that do not handle any reformulated or oxygenated gasoline containing 7.6 percent by volume or greater methyl tert-butyl ether (MTBE), OR\n \n CF = 1.0 for bulk gasoline terminals and pipeline breakout stations that handle reformulated or oxygenated gasoline containing 7.6 percent by volume or greater MTBE;\n \n CE = control efficiency limitation on potential to emit for the vapor processing system used to control emissions from fixed-roof gasoline storage vessels [value should be added in decimal form (percent divided by 100)];\n \n T F  = total number of fixed-roof gasoline storage vessels without an internal floating roof; \n \n T E  = total number of external floating roof gasoline storage vessels with only primary seals; \n \n T ES  = total number of external floating roof gasoline storage vessels with primary and secondary seals; \n \n T I  = total number of fixed-roof gasoline storage vessels with an internal floating roof; \n \n C = number of valves, pumps, connectors, loading arm valves, and open-ended lines in gasoline service; \n \n Q = gasoline throughput limitation on potential to emit or gasoline throughput limit in compliance with paragraphs (c), (d), and (f) of this section (liters/day);\n \n K = 4.52 \u00d7 10 \u22126  for bulk gasoline terminals with uncontrolled loading racks (no vapor collection and processing systems),  OR  \n \n K = (4.5 \u00d7 10 \u22129 )(EF + L) for bulk gasoline terminals with controlled loading racks (loading racks that have vapor collection and processing systems installed on the emission stream); \n \n EF = emission rate limitation on potential to emit for the gasoline cargo tank loading rack vapor processor outlet emissions (mg of total organic compounds per liter of gasoline loaded);\n \n OE = other HAP emissions screening factor for bulk gasoline terminals or pipeline breakout stations (tons per year). OE equals the total HAP from other emission sources not specified in parameters in the equations for E T  or E P . If the value of 0.04(OE) is greater than 5 percent of either E T  or E P , then paragraphs (a)(1) and (b)(1) of this section shall not be used to determine applicability;\n \n L = 13 mg/l for gasoline cargo tanks meeting the requirement to satisfy the test criteria for a vapor-tight gasoline tank truck in \u00a7 60.501 of this chapter,  OR  \n \n L = 304 mg/l for gasoline cargo tanks not meeting the requirement to satisfy the test criteria for a vapor-tight gasoline tank truck in \u00a7 60.501 of this chapter; or\n\nwhere:\n\nE T  = emissions screening factor for bulk gasoline terminals;\n\nCF = 0.161 for bulk gasoline terminals and pipeline breakout stations that do not handle any reformulated or oxygenated gasoline containing 7.6 percent by volume or greater methyl tert-butyl ether (MTBE), OR\n\nCF = 1.0 for bulk gasoline terminals and pipeline breakout stations that handle reformulated or oxygenated gasoline containing 7.6 percent by volume or greater MTBE;\n\nCE = control efficiency limitation on potential to emit for the vapor processing system used to control emissions from fixed-roof gasoline storage vessels [value should be added in decimal form (percent divided by 100)];\n\nT F  = total number of fixed-roof gasoline storage vessels without an internal floating roof;\n\nT E  = total number of external floating roof gasoline storage vessels with only primary seals;\n\nT ES  = total number of external floating roof gasoline storage vessels with primary and secondary seals;\n\nT I  = total number of fixed-roof gasoline storage vessels with an internal floating roof;\n\nC = number of valves, pumps, connectors, loading arm valves, and open-ended lines in gasoline service;\n\nQ = gasoline throughput limitation on potential to emit or gasoline throughput limit in compliance with paragraphs (c), (d), and (f) of this section (liters/day);\n\nK = 4.52 \u00d7 10 \u22126  for bulk gasoline terminals with uncontrolled loading racks (no vapor collection and processing systems),  OR\n\nK = (4.5 \u00d7 10 \u22129 )(EF + L) for bulk gasoline terminals with controlled loading racks (loading racks that have vapor collection and processing systems installed on the emission stream);\n\nEF = emission rate limitation on potential to emit for the gasoline cargo tank loading rack vapor processor outlet emissions (mg of total organic compounds per liter of gasoline loaded);\n\nOE = other HAP emissions screening factor for bulk gasoline terminals or pipeline breakout stations (tons per year). OE equals the total HAP from other emission sources not specified in parameters in the equations for E T  or E P . If the value of 0.04(OE) is greater than 5 percent of either E T  or E P , then paragraphs (a)(1) and (b)(1) of this section shall not be used to determine applicability;\n\nL = 13 mg/l for gasoline cargo tanks meeting the requirement to satisfy the test criteria for a vapor-tight gasoline tank truck in \u00a7 60.501 of this chapter,  OR\n\nL = 304 mg/l for gasoline cargo tanks not meeting the requirement to satisfy the test criteria for a vapor-tight gasoline tank truck in \u00a7 60.501 of this chapter; or\n\n(2) Bulk gasoline terminals for which the owner or operator has documented and recorded to the Administrator's satisfaction that the facility is not a major source, or is not located within a contiguous area and under common control of a facility that is a major source, as defined in \u00a7 63.2.\n\n(b) Prior to May 8, 2027, the affected source to which the provisions of this subpart apply is each pipeline breakout station, except those pipeline breakout stations meeting either of the criteria listed in paragraph (b)(1) or (2) of this section. No later than May 8, 2027, the affected source to which the provisions of this subpart apply is each pipeline breakout station located at a major source as defined in \u00a7 63.2.\n\n(1) Pipeline breakout stations for which the owner or operator has documented and recorded to the Administrator's satisfaction that the result, E P , of the following equation is less than 1, and complies with requirements in paragraphs (c), (d), (e), and (f) of this section:\n\nE P  = CF [6.7(T F )(1-CE) + 0.21(T E ) + 0.093(T ES ) + 0.1(T I ) + 5.31 \u00d7 10 \u22126 (C)) + 0.04(OE);\n\nwhere:\n \n EP = emissions screening factor for pipeline breakout stations,\n \n and the definitions for CF, T F , CE, T E , T ES , TI, C, and OE are the same as provided in paragraph (a)(1) of this section; or\n\nwhere:\n\nEP = emissions screening factor for pipeline breakout stations,\n\nand the definitions for CF, T F , CE, T E , T ES , TI, C, and OE are the same as provided in paragraph (a)(1) of this section; or\n\n(2) Pipeline breakout stations for which the owner or operator has documented and recorded to the Administrator's satisfaction that the facility is not a major source, or is not located within a contiguous area and under common control of a facility that is a major source, as defined in \u00a7 63.2.\n\n(c) Prior to May 8, 2027, a facility for which the results, E T  or E P , of the calculation in paragraph (a)(1) or (b)(1) of this section has been documented and is less than 1.0 but greater than or equal to 0.50, is exempt from the requirements of this subpart, except that the owner or operator shall:\n\n(1) Operate the facility such that none of the facility parameters used to calculate results under paragraph (a)(1) or (b)(1) of this section, and approved by the Administrator, is exceeded in any rolling 30-day period; and\n\n(2) Maintain records and provide reports in accordance with the provisions of \u00a7 63.428(l)(4).\n\n(d) Prior to May 8, 2027, a facility for which the results, E T  or E P , of the calculation in paragraph (a)(1) or (b)(1) of this section has been documented and is less than 0.50, is exempt from the requirements of this subpart, except that the owner or operator shall:\n\n(1) Operate the facility such that none of the facility parameters used to calculate results under paragraph (a)(1) or (b)(1) of this section is exceeded in any rolling 30-day period; and\n\n(2) Maintain records and provide reports in accordance with the provisions of \u00a7 63.428(l)(5).\n\n(e) The provisions of paragraphs (a)(1) and (b)(1) of this section shall not be used to determine applicability to bulk gasoline terminals or pipeline breakout stations that are either:\n\n(1) Located within a contiguous area and under common control with another bulk gasoline terminal or pipeline breakout station, or\n\n(2) Located within a contiguous area and under common control with other sources not specified in paragraphs (a)(1) or (b)(1) of this section, that emit or have the potential to emit a hazardous air pollutant.\n\n(f) Upon request by the Administrator, the owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of any paragraphs in this section including, but not limited to, the parameters and assumptions used in the applicable equation in paragraph (a)(1) or (b)(1) of this section, shall demonstrate compliance with those paragraphs.\n\n(g) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart that is also subject to applicable provisions of part 60, subpart Kb, XX, or XXa, of this chapter shall comply only with the provisions in each subpart that contain the most stringent control requirements for that facility.\n\n(h) Each owner or operator of an affected source bulk gasoline terminal or pipeline breakout station is subject to the provisions of 40 CFR part 63, subpart A\u2014General Provisions, as indicated in Table 1.\n\n(i) A bulk gasoline terminal or pipeline breakout station with a Standard Industrial Classification code 2911 located within a contiguous area and under common control with a refinery complying with \u00a7\u00a7 63.646, 63.648, 63.649, 63.650, and 63.660 is not subject to the standards in this subpart, except as specified in \u00a7 63.650.\n\n(j) Notwithstanding any other provision of this subpart, the December 14, 1995, compliance date for existing facilities in \u00a7\u00a7 63.424(e) and 63.428(a), (l)(4)(i), and (l)(5)(i) is stayed from December 8, 1995, to March 7, 1996.\n\n(k) Each owner or operator of an affected source bulk gasoline terminal or pipeline breakout station must comply with the standards in this part at all times. At all times, 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. The general duty to minimize emissions does not 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 a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source."], ["40:40:11.0.1.1.1.18.8.10", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.429 Implementation and enforcement.", "EPA", "", "", "[68 FR 37348, June 23, 2003, as amended at 89 FR 39370, May 8, 2024]", "(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.\n\n(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.\n\n(c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section.\n\n(1) Approval of alternatives to the requirements in \u00a7\u00a7 63.420, 63.422 through 63.423, and 63.424. Any owner or operator requesting to use an alternative means of emission limitation for storage vessels covered by \u00a7 63.423 must follow the procedures in \u00a7 63.426.\n\n(2) Approval of major alternatives to test methods under \u00a7 63.7(e)(2)(ii) and (f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(3) Approval of major alternatives to monitoring under \u00a7 63.8(f), as defined in \u00a7 63.90, and as required in this subpart, and any alternatives to \u00a7 63.427(a)(1) through (4) per \u00a7 63.427(a)(5).\n\n(4) Approval of major alternatives to recordkeeping and reporting under \u00a7 63.10(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(5) Approval of an alternative to any electronic reporting to the EPA required by this subpart."], ["40:40:11.0.1.1.1.18.8.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.421 Definitions.", "EPA", "", "", "[59 FR 64318, Dec. 14, 1994, as amended at 62 FR 9093, Feb. 28, 1997; 68 FR 70965, Dec. 19, 2003; 85 FR 78463, Dec. 4, 2020; 89 FR 39358, May 8, 2024]", "As used in this subpart, all terms not defined herein shall have the meaning given them in the Act; in subparts A, K, Ka, Kb, and Xxa of part 60 of this chapter; or in subpart A of this part. All terms defined in both subpart A of part 60 of this chapter and subpart A of this part shall have the meaning given in subpart A of this part. For purposes of this subpart, definitions in this section supersede definitions in other parts or subparts.\n\nBulk gasoline terminal  means:\n\n(1) Prior to May 8, 2027, any gasoline facility which receives gasoline by pipeline, ship or barge, and has a gasoline throughput greater than 75,700 liters per day. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under Federal, State, or local law and discoverable by the Administrator and any other person.\n\n(2) On or after May 8, 2027, any gasoline facility which receives gasoline by pipeline, ship, barge, or cargo tank and subsequently loads all or a portion of the gasoline into gasoline cargo tanks for transport to bulk gasoline plants or gasoline dispensing facilities and has a gasoline throughput greater than 20,000 gallons per day (75,700 liters per day). Gasoline throughput shall be the maximum calculated design throughput for the facility as may be limited by compliance with an enforceable condition under Federal, State, or local law and discoverable by the Administrator and any other person.\n\nControlled loading rack,  for the purposes of \u00a7 63.420, means a loading rack equipped with vapor collection and processing systems that reduce displaced vapor emissions to no more than 80 milligrams of total organic compounds per liter of gasoline loaded, as measured using the test methods and procedures in \u00a7 60.503 (a) through (c) of this chapter.\n\nEquipment  means each valve, pump, pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in the gasoline liquid transfer and vapor collection systems. This definition also includes the entire vapor processing system except the exhaust port(s) or stack(s).\n\nFlare  means a thermal combustion device using an open or shrouded flame (without full enclosure) such that the pollutants are not emitted through a conveyance suitable to conduct a performance test.\n\nGasoline  means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 4.0 pounds per square inch (27.6 kilopascals) or greater, which is used as a fuel for internal combustion engines.\n\nGasoline cargo tank  means a delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load.\n\nIn gasoline service  means that a piece of equipment is used in a system that transfers gasoline or gasoline vapors.\n\nLimitation(s) on potential to emit  means limitation(s) limiting a source's potential to emit as defined in \u00a7 63.2 of subpart A of this part.\n\nOperating parameter value  means a value for an operating or emission parameter of the vapor processing system (e.g., temperature) which, if maintained continuously by itself or in combination with one or more other operating parameter values, determines that an owner or operator has complied with the applicable emission standard. The operating parameter value is determined using the procedures outlined in \u00a7 63.425(b).\n\nOxygenated gasoline  means the same as defined in 40 CFR 80.2.\n\nPipeline breakout station  means:\n\n(1) Prior to May 8, 2027, a facility along a pipeline containing storage vessels used to relieve surges or receive and store gasoline from the pipeline for reinjection and continued transportation by pipeline or to other facilities.\n\n(2) On or after May 8, 2027, a facility along a pipeline containing storage vessels used to relieve surges or receive and store gasoline from the pipeline for reinjection and continued transportation by pipeline to other facilities.  Pipeline breakout stations  do not have loading racks where gasoline is loaded into cargo tanks. If any gasoline is loaded into cargo tanks, the facility is a bulk gasoline terminal for the purposes of this subpart provided the facility-wide gasoline throughput (including pipeline throughput) exceeds the limits specified for bulk gasoline terminals.\n\nReformulated gasoline  means the same as defined in 40 CFR 80.2.\n\nSubmerged filling  means the filling of a gasoline cargo tank through a submerged fill pipe whose discharge is no more than the 6 inches from the bottom of the tank. Bottom filling of gasoline cargo tanks is included in this definition.\n\nThermal oxidation system  means an enclosed combustion device used to mix and ignite fuel, air pollutants, and air to provide a flame to heat and oxidize hazardous air pollutants. Auxiliary fuel may be used to heat air pollutants to combustion temperatures.  Thermal oxidation systems  emit pollutants through a conveyance suitable to conduct a performance test.\n\nUncontrolled loading rack  means a loading rack used to load gasoline cargo tanks that is not a controlled loading rack.\n\nVapor-tight gasoline cargo tank  means a gasoline cargo tank which has demonstrated within the 12 preceding months that it meets the annual certification test requirements in \u00a7 63.425(e), and which is subject at all times to the test requirements in \u00a7 63.425 (f), (g), and (h).\n\nVolatile organic liquid  (VOL) means, for the purposes of this subpart, gasoline."], ["40:40:11.0.1.1.1.18.8.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.422 Standards: Loading racks.", "EPA", "", "", "[89 FR 39359, May 8, 2024]", "(a) You must meet either the requirements in paragraph (a)(1) or (2) of this section, as applicable in paragraph (d) of this section.\n\n(1) Each owner or operator of loading racks at a bulk gasoline terminal subject to the provisions of this subpart shall comply with the requirements in \u00a7 60.502 of this chapter except for paragraphs (b), (c), and (j) of that section. For purposes of this section, the term \u201caffected facility\u201d used in \u00a7 60.502 means the loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart.\n\n(2) Each owner or operator of loading racks at a bulk gasoline terminal subject to the provisions of this subpart shall comply with the requirements in \u00a7 60.502a of this chapter except for paragraphs (b) and (j) of that section and shall comply with the provisions in paragraphs (b) through (c) of this section. For purposes of this section, the term \u201cgasoline loading rack affected facility\u201d used in \u00a7 60.502a means \u201cthe loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart.\u201d For purposes of this subpart, the term \u201cvapor-tight gasoline cargo tanks\u201d used in \u00a7 60.502a(e) of this chapter shall have the meaning given in \u00a7 63.421. As an alternative to the pressure monitoring requirements in \u00a7 60.504a(d) of this chapter, you may comply with the requirements specified in \u00a7 63.427(f).\n\n(b) You must meet either the emission limits in paragraph (b)(1) or (2) of this section, as applicable in paragraph (d) of this section.\n\n(1) Emissions to the atmosphere from the vapor collection and processing systems due to the loading of gasoline cargo tanks shall not exceed 10 milligrams of total organic compounds per liter of gasoline loaded.\n\n(2) You must comply with the provisions in \u00a7 60.502a(c) of this chapter for all loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart, not just those that are modified or reconstructed.\n\n(c) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall discontinue loading any cargo tank that fails vapor tightness according to the test requirements in \u00a7 63.425(f), (g), and (h) until vapor tightness documentation for that gasoline cargo tank is obtained which documents that:\n\n(1) The tank truck or railcar gasoline cargo tank has been repaired, retested, and subsequently passed either the annual certification test described in \u00a7 63.425(e) or the railcar bubble test described in \u00a7 63.425(i); or\n\n(2) For each gasoline cargo tank failing the test in \u00a7 63.425(f) at the facility, the cargo tank meets the test requirements in either \u00a7 63.425(g) or (h); or\n\n(3) For each gasoline cargo tank failing the test in \u00a7 63.425(g) at the facility, the cargo tank meets the test requirements in \u00a7 63.425(h).\n\n(d) Each owner or operator shall meet the requirements in this section as expeditiously as practicable, but no later than the dates provided in paragraphs (d)(1) through (3) of this section.\n\n(1) For facilities that commenced construction on or before February 8, 1994, each owner or operator shall meet the requirements in paragraphs (a)(1), (b)(1), and (c) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraphs (a)(1) and (b)(1) of this section no longer apply and each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section.\n\n(2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, each owner or operator shall meet the requirements in paragraphs (a)(1), (b)(1), and (c) of this section upon startup. Beginning no later than May 8, 2027, paragraphs (a)(1) and (b)(1) of this section no longer apply and each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section.\n\n(3) For facilities that commenced construction after June 10, 2022, each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section upon startup or July 8, 2024, whichever is later.\n\n(e) As an alternative to \u00a7 60.502(h) and (i) or \u00a7 60.502a(h) and (i) of this chapter as specified in paragraph (a) of this section, the owner or operator may comply with paragraphs (e)(1) and (2) of this section.\n\n(1) The owner or operator shall design and operate the vapor processing system, vapor collection system, and liquid loading equipment to prevent gauge pressure in the railcar gasoline cargo tank from exceeding the applicable test limits in \u00a7 63.425(e) and (i) during product loading. This level is not to be exceeded when measured by the procedures specified in \u00a7 60.503(d) of this chapter during any performance test or performance evaluation conducted under \u00a7 63.425(b) or (c).\n\n(2) No pressure-vacuum vent in the bulk' gasoline terminal's vapor processing system or vapor collection system may begin to open at a system pressure less than the applicable test limits in \u00a7 63.425(e) or (i)."], ["40:40:11.0.1.1.1.18.8.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.423 Standards: Storage vessels.", "EPA", "", "", "[89 FR 39360, May 8, 2024]", "(a) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall equip each gasoline storage vessel according to the requirements in paragraph (a)(1) or (2) of this section, as applicable in paragraph (c) of this section.\n\n(1) Equip each gasoline storage vessel with a design capacity greater than or equal to 75 m\n 3  according to the requirements in \u00a7 60.112b(a)(1) through (4) of this chapter, except for the requirements in \u00a7 60.112b(a)(1)(iv) through (ix) and (a)(2)(ii) of this chapter.\n\n(2) Equip each gasoline external floating roof storage vessel with a design capacity greater than or equal to 75 m\n 3  according to the requirements in \u00a7 60.112b(a)(2)(ii) of this chapter if such storage vessel does not currently meet the requirements in paragraph (a)(1) of this section.\n\n(b) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall equip each gasoline storage vessel according to the requirements in paragraphs (b)(1) of this section and, if a floating roof is used, either paragraph (b)(2) or (3) of this section, as applicable in paragraph (c) of this section.\n\n(1) Equip, maintain, and operate each gasoline storage vessel with a design capacity greater than or equal to 75 m\n 3  according to the requirements in \u00a7 60.112b(a)(1) through (4) of this chapter, except for the requirements in \u00a7 60.112b(a)(1)(iv) through (ix) of this chapter. Alternatively, you may elect to equip, maintain, and operate each affected gasoline storage vessel with a design capacity greater than or equal to 75 m\n 3  according to the requirements in subpart WW of this part as specified in \u00a7 60.110b(e)(5) of this chapter.\n\n(2) Equip, maintain, and operate each internal floating control system to maintain the vapor concentration within the storage vessel above the floating roof at or below 25 percent of the lower explosive limit (LEL) on a 5-minute rolling average basis without the use of purge gas. This standard may require additional controls beyond those specified in paragraph (b)(1) of this section. Compliance with this paragraph (b)(2) shall be determined using the methods in \u00a7 63.425(j). A deviation of the LEL level is considered an inspection failure under \u00a7 60.113b(a)(2) of this chapter or \u00a7 63.1063(d)(2) and must be remedied as such. Any repairs made must be confirmed effective through re-monitoring of the LEL and meeting the level in this paragraph (b)(2) within the timeframes specified in \u00a7 60.113b(a)(2) or \u00a7 63.1063(e), as applicable.\n\n(3) Equip, maintain, and operate each gasoline external floating roof storage vessel with a design capacity greater than or equal to 75 m\n 3  with fitting controls as specified in \u00a7 60.112b(a)(2)(ii) of this chapter.\n\n(c) Each gasoline storage vessel at bulk gasoline terminals and pipeline breakout stations shall be in compliance with the requirements of this section as expeditiously as practicable, but no later than the dates provided in paragraphs (c)(1) through (3) of this section.\n\n(1) For facilities that commenced construction on or before February 8, 1994, each gasoline storage vessel shall meet the requirements in paragraph (a) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraph (a) of this section no longer applies and each gasoline storage vessel shall meet the requirements in paragraphs (b)(1) and (2) of this section no later than May 8, 2027. If applicable, the fitting controls required in paragraph (b)(3) of this section must be installed the next time the storage vessel is completely emptied and degassed, or by May 8, 2034, whichever occurs first.\n\n(2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, each gasoline storage vessel shall meet the requirements in paragraph (a) of this section upon startup. Beginning no later than May 8, 2027, paragraph (a) of this section no longer applies and each gasoline storage vessel shall meet the requirements in paragraphs (b)(1) and (2) of this section no later than May 8, 2027. If applicable, the fitting controls required in paragraph (b)(3) of this section must be installed the next time the storage vessel is completely emptied and degassed, or by May 8, 2034, whichever occurs first.\n\n(3) For facilities that commenced construction after June 10, 2022, each owner or operator shall meet the requirements in paragraph (b) of this section upon startup or July 8, 2024, whichever is later."], ["40:40:11.0.1.1.1.18.8.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.424 Standards: Equipment leaks.", "EPA", "", "", "[89 FR 39360, May 8, 2024]", "(a) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall implement a leak detection and repair program for all equipment in gasoline service according to the requirements in paragraph (b) or (c) of this section, as applicable in paragraph (e) of this section and minimize gasoline vapor losses according to paragraph (d) of this section.\n\n(b) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall perform a monthly leak inspection of all equipment in gasoline service. For this inspection, detection methods incorporating sight, sound, and smell are acceptable. Each piece of equipment shall be inspected during the loading of a gasoline cargo tank.\n\n(1) A logbook shall be used and shall be signed by the owner or operator at the completion of each inspection. A section of the log shall contain a list, summary description, or diagram(s) showing the location of all equipment in gasoline service at the facility.\n\n(2) Each detection of a liquid or vapor leak shall be recorded in the logbook. When a leak is detected, an initial attempt at repair shall be made as soon as practicable, but no later than 5 calendar days after the leak is detected. Repair or replacement of leaking equipment shall be completed within 15 calendar days after detection of each leak, except as provided in paragraph (b)(3) of this section.\n\n(3) Delay of repair of leaking equipment will be allowed upon a demonstration to the Administrator that repair within 15 days is not feasible. The owner or operator shall provide the reason(s) a delay is needed and the date by which each repair is expected to be completed.\n\n(4) As an alternative to compliance with the provisions in paragraphs (b)(1) through (3) of this section, owners or operators may implement an instrument leak monitoring program that has been demonstrated to the Administrator as at least equivalent.\n\n(c) Comply with the requirements in \u00a7 60.502a(j) of this chapter except as provided in paragraphs (c)(1) through (3) of this section.\n\n(1) The frequency for optical gas imaging (OGI) monitoring shall be semiannually rather than quarterly as specified in \u00a7 60.502a(j)(1)(i).\n\n(2) The frequency for Method 21 monitoring of pumps and valves shall be semiannually rather than quarterly as specified in \u00a7 60.502a(j)(1)(ii)(A) and (B).\n\n(3) The frequency of monitoring of pressure relief devices shall be semiannually and within 5 calendar days after each pressure release rather than quarterly and within 5 calendar days after each pressure release as specified in \u00a7 60.502a(j)(4)(i).\n\n(d) Owners and operators shall not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following:\n\n(1) Minimize gasoline spills;\n\n(2) Clean up spills as expeditiously as practicable;\n\n(3) Cover all open gasoline containers with a gasketed seal when not in use; and\n\n(4) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators.\n\n(e) Compliance with the provisions of this section shall be achieved as expeditiously as practicable, but no later than the dates provided in paragraphs (e)(1) through (3) of this section.\n\n(1) For facilities that commenced construction on or before February 8, 1994, meet the requirements in paragraphs (b) and (d) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraph (b) of this section no longer applies and facilities shall meet the requirements in paragraphs (c) and (d) of this section no later than May 8, 2027.\n\n(2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, meet the requirements in paragraphs (b) and (d) of this section upon startup. Beginning no later than May 8, 2027, paragraph (b) of this section no longer applies and facilities shall meet the requirements in paragraphs (c) and (d) of this section no later than May 8, 2027.\n\n(3) For facilities that commenced construction after June 10, 2022, meet the requirements in paragraph (c) and (d) of this section upon startup or July 8, 2024, whichever is later."], ["40:40:11.0.1.1.1.18.8.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.425 Test methods and procedures.", "EPA", "", "", "[59 FR 64318, Dec. 14, 1994; 60 FR 7627, Feb. 8, 1995; 60 FR 32913, June 26, 1995; 68 FR 70965, Dec. 19, 2003; 89 FR 39361, May 8, 2024]", "(a)  Performance test and evaluation requirements.  Each owner or operator subject to the emission standard in \u00a7 63.422(b)(1) or \u00a7 60.112b(a)(3)(ii) of this chapter shall comply with the requirements in paragraph (b) of this section. Each owner or operator subject to the emission standard in \u00a7 63.422(b)(2) shall comply with the requirements in paragraph (c) of this section. Performance tests shall be conducted under representative conditions when liquid product is being loaded into gasoline cargo tanks and shall include periods between gasoline cargo tank loading (when one cargo tank is disconnected and another cargo tank is moved into position for loading) provided that liquid product loading into gasoline cargo tanks is conducted for at least a portion of each 5 minute block of the performance test. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.\n\n(b)  Gasoline loading rack and gasoline storage vessel performance test requirements.  For gasoline loading racks subject to the requirements in \u00a7 63.422(b)(1) or gasoline storage vessels subject to the requirements in \u00a7 60.112b(a)(3)(ii) of this chapter:\n\n(1) Conduct a performance test on the vapor processing and collection systems according to either paragraph (b)(1)(i) or (ii) of this section.\n\n(i) Use the test methods and procedures in \u00a7 60.503 of this chapter, except a reading of 500 ppm shall be used to determine the level of leaks to be repaired under \u00a7 60.503(b) of this chapter, or\n\n(ii) Use alternative test methods and procedures in accordance with the alternative test method requirements in \u00a7 63.7(f).\n\n(2) The performance test requirements of \u00a7 60.503(c) of this chapter do not apply to flares defined in \u00a7 63.421 and meeting the flare requirements in \u00a7 63.11(b). The owner or operator shall demonstrate that the flare and associated vapor collection system is in compliance with the requirements in \u00a7 63.11(b) and \u00a7 60.503(a), (b), and (d) of this chapter, respectively.\n\n(3) For each performance test conducted under paragraph (b)(1) of this section, the owner or operator shall determine a monitored operating parameter value for the vapor processing system using the following procedure:\n\n(i) During the performance test, continuously record the operating parameter under \u00a7 63.427(a);\n\n(ii) Determine an operating parameter value based on the parameter data monitored during the performance test, supplemented by engineering assessments and the manufacturer's recommendations; and\n\n(iii) Provide for the Administrator's approval the rationale for the selected operating parameter value, and monitoring frequency and averaging time, including data and calculations used to develop the value and a description of why the value, monitoring frequency, and averaging time demonstrate continuous compliance with the emission standard in \u00a7 63.422(b)(1) or \u00a7 60.112b(a)(3)(ii) of this chapter.\n\n(4) For performance tests performed after the initial test, the owner or operator shall document the reasons for any change in the operating parameter value since the previous performance test.\n\n(c)  Gasoline loading rack performance test and evaluation requirements.  For gasoline loading rack sources subject to the requirements in \u00a7 63.422(b)(2):\n\n(1) Conduct performance tests or evaluations on the vapor processing and collection systems according to the requirements in \u00a7 60.503a(a), (c) and (d) of this chapter.\n\n(2) The first performance test or performance evaluation of the continuous emissions monitoring system (CEMS) shall be conducted within 180 days of the date affected source begins compliance with the requirements in \u00a7 63.422(b)(2). A previously conducted performance test may be used to satisfy this requirement if the conditions in paragraphs (c)(2)(i) through (v) of this section are met. Prior to conducting this performance test or evaluation, you must continue to meet the monitoring and operating limits that apply based on the previously conducted performance test.\n\n(i) The performance test was conducted on or after May 8, 2022.\n\n(ii) No changes have been made to the process or control device since the time of the performance test.\n\n(iii) The operating conditions, test methods, and test requirements ( e.g.,  length of test) used for the previous performance test conform to the requirements in paragraph (c)(1) of this section.\n\n(iv) The temperature in the combustion zone was recorded during the performance test as specified in \u00a7 60.503a(c)(8)(i) of this chapter and can be used to establish the operating limit as specified in \u00a7 60.503a(c)(8)(ii) through (iv) of this chapter.\n\n(v) The performance test demonstrates compliance with the emission limit specified in \u00a7 63.422(b)(2).\n\n(3) For loading racks complying with the mass loading emission limit in \u00a7 60.502a(c)(1) of this chapter, subsequent performance tests shall be conducted no later than 60 calendar months after the previous performance test.\n\n(4) For loading racks complying with the concentration emission limit in \u00a7 60.502a(c)(2) of this chapter, subsequent performance evaluations of CEMS for the vapor collection and processing system shall be conducted no later than 12 calendar months after the previous performance evaluation.\n\n(d)  Gasoline storage vessel requirements.  The owner or operator of each gasoline storage vessel subject to the provisions of \u00a7 63.423 shall comply with \u00a7 60.113b of this chapter and, if applicable, the provisions in paragraph (j) of this section. If a closed vent system and control device are used, as specified in \u00a7 60.112b(a)(3) of this chapter, to comply with the requirements in \u00a7 63.423, the owner or operator shall also comply with the requirements in paragraph (d)(1) or (2) of this section, as applicable.\n\n(1) If the gasoline storage vessel is subject to the provision in \u00a7 63.423(a) or the provision in \u00a7 63.423(b) and a control device other than a flare is used for the gasoline storage vessel, the owner or operator shall also comply with the requirements in paragraph (b) of this section.\n\n(2) If the gasoline storage vessel is subject to the provision in \u00a7 63.423(b) and a flare is used as the control device for the gasoline storage vessel, you must comply with the requirements in \u00a7 60.502a(c)(3) of this chapter as indicated in paragraphs (d)(2)(i) and (ii) of this section rather than the requirements in \u00a7 60.18(e) and (f) of this chapter as specified in \u00a7 60.113b(d) of this chapter.\n\n(i) At \u00a7 60.502a(c)(3)(i) of this chapter, replace \u201cvapors displaced from gasoline cargo tanks during product loading\u201d with \u201cvapors from the gasoline storage vessel.\u201d\n\n(ii) Section 60.502a(c)(3)(vi) through (ix) of this chapter does not apply.\n\n(e)  Annual certification test.  The annual certification test for gasoline cargo tanks shall consist of the following test methods and procedures:\n\n(1)  Method 27 of appendix A-8 to part 60 of this chapter.  Conduct the test using a time period (t) for the pressure and vacuum tests of 5 minutes. The initial pressure (P i ) for the pressure test shall be 460 millimeters (mm) of water (H 2 O) (18 inches (in.) H 2 O), gauge. The initial vacuum (V i ) for the vacuum test shall be 150 mm H 2 O (6 in. H 2 O), gauge. Each owner or operator shall implement the requirements in paragraph (e)(1)(i) or (ii) of this section, as applicable in paragraph (e)(1)(iii) of this section.\n\n(i) The maximum allowable pressure and vacuum changes (\u0394 p, \u0394 v) are as shown in the second column of table 1 to this paragraph (e)(1).\n\n(ii) The maximum allowable pressure and vacuum changes (\u0394 p, \u0394 v) are as shown in the third column of table 1 to this paragraph (e)(1).\n\n(iii) Compliance with the provisions of this section shall be achieved as expeditiously as practicable, but no later than the dates provided in paragraphs (e)(1)(iii)(A) and (B) of this section.\n\n(A) For facilities that commenced construction on or before June 10, 2022, meet the requirements in paragraph (e)(1)(i) of this section prior to May 8, 2027, and meet the requirements in paragraph (e)(1)(ii) of this section no later than May 8, 2027.\n\n(B) For facilities that commenced construction after June 10, 2022, meet the requirements in paragraph (e)(1)(ii) of this section upon startup or July 8, 2024, whichever is later.\n\nTable 1 to Paragraph ( e )(1)\u2014Allowable Cargo Tank Test Pressure or Vacuum Change\n\n(2) Pressure test of the cargo tank's internal vapor valve as follows:\n\n(i) After completing the tests under paragraph (e)(1) of this section, use the procedures in Method 27 to repressurize the tank to 460 mm H 2  O (18 in. H 2  O), gauge. Close the tank's internal vapor valve(s), thereby isolating the vapor return line and manifold from the tank.\n\n(ii) Relieve the pressure in the vapor return line to atmospheric pressure, then reseal the line. After 5 minutes, record the gauge pressure in the vapor return line and manifold. The maximum allowable 5-minute pressure increase is 130 mm H 2  O (5 in. H 2  O).\n\n(f)  Leak detection test.  The leak detection test shall be performed using Method 21 of appendix A-7 to part 60 of this chapter. A vapor-tight gasoline cargo tank shall have no leaks at any time when tested according to the procedures in this paragraph (f).\n\n(1) The instrument reading that defines a leak is 10,000 ppm (as propane). Use propane to calibrate the instrument, setting the span at the leak definition. The response time to 90 percent of the final stable reading shall be less than 8 seconds for the detector with the sampling line and probe attached.\n\n(2) In addition to the procedures in Method 21, include the following procedures:\n\n(i) Perform the test on each compartment during loading of that compartment or while the compartment is still under pressure.\n\n(ii) To eliminate a positive instrument drift, the dwell time for each leak detection shall not exceed two times the instrument response time. Purge the instrument with ambient air between each leak detection. The duration of the purge shall be in excess of two instrument response times.\n\n(iii) Attempt to block the wind from the area being monitored. Record the highest detector reading and location for each leak.\n\n(g)  Nitrogen pressure decay field test.  For those cargo tanks with manifolded product lines, this test procedure shall be conducted on each compartment.\n\n(1) Record the cargo tank capacity. Upon completion of the loading operation, record the total volume loaded. Seal the cargo tank vapor collection system at the vapor coupler. The sealing apparatus shall have a pressure tap. Open the internal vapor valve(s) of the cargo tank and record the initial headspace pressure. Reduce or increase, as necessary, the initial headspace pressure to 460 mm H 2  O (18.0 in. H 2  O), gauge by releasing pressure or by adding commercial grade nitrogen gas from a high pressure cylinder capable of maintaining a pressure of 2,000 psig.\n\n(i) The cylinder shall be equipped with a compatible two-stage regulator with a relief valve and a flow control metering valve. The flow rate of the nitrogen shall be no less than 2 cfm. The maximum allowable time to pressurize cargo tanks with headspace volumes of 1,000 gallons or less to the appropriate pressure is 4 minutes. For cargo tanks with a headspace of greater than 1,000 gallons, use as a maximum allowable time to pressurize 4 minutes or the result from the equation below, whichever is greater.\n\nT = V h  \u00d7 0.004\n\nwhere:\n \n T = maximum allowable time to pressurize the cargo tank, min; \n \n V h  = cargo tank headspace volume during testing, gal.\n\nwhere:\n\nT = maximum allowable time to pressurize the cargo tank, min;\n\nV h  = cargo tank headspace volume during testing, gal.\n\n(2) It is recommended that after the cargo tank headspace pressure reaches approximately 460 mm H 2  O (18 in. H 2 0), gauge, a fine adjust valve be used to adjust the headspace pressure to 460 mm H 2  O (18.0 in. H 2  O), gauge for the next 30 \u00b15 seconds.\n\n(3) Reseal the cargo tank vapor collection system and record the headspace pressure after 1 minute. The measured headspace pressure after 1 minute shall be greater than the minimum allowable final headspace pressure (P F ) as calculated from the following equation:\n\nwhere:\n \n (P F ) = minimum allowable final headspace pressure, in. H 2  O, gauge; \n \n V s  = total cargo tank shell capacity, gal; \n \n V h  = cargo tank headspace volume after loading, gal; \n \n 18.0 = initial pressure at start of test, in. H 2  O, gauge; \n\n\n \n N = 5-minute continuous performance standard at any time from the fourth column of table 1 to paragraph (e)(1) of this section, inches H 2 O.\n\nwhere:\n\n(P F ) = minimum allowable final headspace pressure, in. H 2  O, gauge;\n\nV s  = total cargo tank shell capacity, gal;\n\nV h  = cargo tank headspace volume after loading, gal;\n\n18.0 = initial pressure at start of test, in. H 2  O, gauge;\n\nN = 5-minute continuous performance standard at any time from the fourth column of table 1 to paragraph (e)(1) of this section, inches H 2 O.\n\n(4) Conduct the internal vapor valve portion of this test by repressurizing the cargo tank headspace with nitrogen to 460 mm H 2  O (18 in. H 2  O), gauge. Close the internal vapor valve(s), wait for 30 \u00b15 seconds, then relieve the pressure downstream of the vapor valve in the vapor collection system to atmospheric pressure. Wait 15 seconds, then reseal the vapor collection system. Measure and record the pressure every minute for 5 minutes. Within 5 seconds of the pressure measurement at the end of 5 minutes, open the vapor valve and record the headspace pressure as the \u201cfinal pressure.\u201d\n\n(5) If the decrease in pressure in the vapor collection system is less than at least one of the interval pressure change values in Table 3 of this paragraph, or if the final pressure is equal to or greater than 20 percent of the 1-minute final headspace pressure determined in the test in paragraph (g)(3) of this section, then the cargo tank is considered to be a vapor-tight gasoline cargo tank.\n\nTable 3\u2014Pressure Change for Internal Vapor Valve Test\n\n(h)  Continuous performance pressure decay test.  The continuous performance pressure decay test shall be performed using Method 27 in appendix A to part 60 of this chapter. Conduct only the positive pressure test using a time period (t) of 5 minutes. The initial pressure (P i ) shall be 460 mm H 2 O (18 in. H 2 O), gauge. The maximum allowable 5-minute pressure change (\u0394 p) which shall be met at any time is shown in the fourth column of table 1 to paragraph (e)(1) of this section.\n\n(i)  Railcar bubble leak test procedures.  As an alternative to paragraph (e) of this section for annual certification leakage testing of gasoline cargo tanks, the owner or operator may comply with paragraphs (i)(1) and (2) of this section for railcar gasoline cargo tanks, provided the railcar tank meets the requirement in paragraph (i)(3) of this section.\n\n(1) Comply with the requirements of 49 CFR 173.31(d), 179.7, 180.509, and 180.511 for the testing of railcar gasoline cargo tanks.\n\n(2) The leakage pressure test procedure required under 49 CFR 180.509(j) and used to show no indication of leakage under 49 CFR 180.511(f) shall be ASTM E 515-95 (incorporated by reference, see \u00a7 63.14), BS EN 1593:1999 (incorporated by reference, see \u00a7 63.14), or another bubble leak test procedure meeting the requirements in 49 CFR 179.7, 180.505, and 180.509.\n\n(3) The alternative requirements in this paragraph (i) may not be used for any railcar gasoline cargo tank that collects gasoline vapors from a vapor balance system permitted under or required by a Federal, State, local, or tribal agency. A vapor balance system is a piping and collection system designed to collect gasoline vapors displaced from a storage vessel, barge, or other container being loaded, and routes the displaced gasoline vapors into the railcar gasoline cargo tank from which liquid gasoline is being unloaded.\n\n(j)  LEL monitoring procedures.  Compliance with the vapor concentration below the LEL level for internal floating roof storage vessels at \u00a7 63.423(b)(2) shall be determined based on the procedures specified in paragraphs (j)(1) through (5) of this section. If tubing is necessary to obtain the measurements, the tubing must be non-crimping and made of Teflon or other inert material.\n\n(1) LEL monitoring must be conducted at least once every 12 months and at other times upon request by the Administrator. If the measurement cannot be performed due to wind speeds exceeding those specified in paragraph (j)(3)(iii) of this section, the measurement must be performed within 30 days of the previous attempt.\n\n(2) The calibration of the LEL meter must be checked per manufacturer specifications immediately before and after the measurements as specified in paragraphs (j)(2)(i) and (ii) of this section. If tubing will be used for the measurements, the tubing must be attached during calibration so that the calibration gas travels through the entire measurement system.\n\n(i) Conduct the span check using a calibration gas recommended by the LEL meter manufacturer. The calibration gas must contain a single hydrocarbon at a concentration corresponding to 50 percent of the LEL ( e.g.,  2.50 percent by volume when using methane as the calibration gas). The vendor must provide a Certificate of Analysis for the gas, and the certified concentration must be within \u00b12 percent ( e.g.,  2.45 percent\u20142.55 percent by volume when using methane as the calibration gas). The LEL span response must be between 49 percent and 51 percent. If the span check prior to the measurements does not meet this requirement, the LEL meter must be recalibrated or replaced. If the span check after the measurements does not meet this requirement, the LEL meter must be recalibrated or replaced, and the measurements must be repeated.\n\n(ii) Check the instrumental offset response using a certified compressed gas cylinder of zero air or an ambient environment that is free of organic compounds. The pre-measurement instrumental offset response must be 0 percent LEL. If the LEL meter does not meet this requirement, the LEL meter must be recalibrated or replaced.\n\n(3) Conduct the measurements as specified in paragraphs (j)(3)(i) through (iv) of this section.\n\n(i) Measurements of the vapors within the internal floating roof storage vessel must be collected no more than 3 feet above the internal floating roof.\n\n(ii) Measurements shall be taken for a minimum of 20 minutes, logging the measurements at least once every 15 seconds, or until one 5-minute average as determined according to paragraph (j)(5)(ii) of this section exceeds the level specified in \u00a7 63.423(b)(2).\n\n(iii) Measurements shall be taken when the wind speed at the top of the tank is 5 mph or less to the extent practicable, but in no case shall measurements be taken when the sustained wind speed at top of tank is greater than the annual average wind speed at the site or 15 mph, whichever is less.\n\n(iv) Measurements should be conducted when the internal floating roof is floating with limited product movement (limited filling or emptying of the tank).\n\n(4) To determine the actual vapor concentration within the storage vessel, the percent of the LEL \u201cas the calibration gas\u201d must be corrected according to one of the following procedures. Alternatively, if the LEL meter used has correction factors that can be selected from the meter's program, you may enable this feature to automatically apply one of the correction factors specified in paragraphs (j)(4)(i) and (ii) of this section.\n\n(i) Multiply the measurement by the published gasoline vapor correction factor for the specific LEL meter and calibration gas used.\n\n(ii) If there is no published correction factor for gasoline vapors for the specific LEL meter used, multiply the measurement by the published correction factor for butane as a surrogate for determining the LEL of gasoline vapors. The correction factor must correspond to the calibration gas used.\n\n(5) Use the calculation procedures in paragraphs (j)(5)(i) through (iii) of this section to determine compliance with the LEL level.\n\n(i) For each minute while measurements are being taken, determine the one-minute average reading as the arithmetic average of the corrected individual measurements (taken at least once every 15 seconds) during the minute.\n\n(ii) Starting with the end of the fifth minute of data, calculate a five-minute rolling average as the arithmetic average of the previous five one-minute readings determined under paragraph (j)(5)(i) of this section. Determine a new five-minute average reading for every subsequent one-minute reading.\n\n(iii) Each five-minute rolling average must meet the LEL level specified in \u00a7 63.423(b)(2)."], ["40:40:11.0.1.1.1.18.8.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.426 Alternative means of emission limitation.", "EPA", "", "", "", "For determining the acceptability of alternative means of emission limitation for storage vessels under \u00a7 63.423, the provisions of \u00a7 60.114b of this chapter apply."], ["40:40:11.0.1.1.1.18.8.8", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.427 Continuous monitoring.", "EPA", "", "", "[59 FR 46350, Sept. 8, 1994, as amended at 68 FR 70966, Dec. 19, 2003; 89 FR 39363, May 8, 2024]", "(a) Each owner or operator of a bulk gasoline terminal subject to the provisions in \u00a7 63.422(b)(1) shall install, calibrate, certify, operate, and maintain, according to the manufacturer's specifications, a continuous monitoring system (CMS) as specified in paragraph (a)(1), (2), (3), or (4) of this section, except as allowed in paragraph (a)(5) of this section.\n\n(1) Where a carbon adsorption system is used, a continuous emission monitoring system (CEMS) capable of measuring organic compound concentration shall be installed in the exhaust air stream.\n\n(2) Where a refrigeration condenser system is used, a continuous parameter monitoring system (CPMS) capable of measuring temperature shall be installed immediately downstream from the outlet to the condenser section. Alternatively, a CEMS capable of measuring organic compound concentration may be installed in the exhaust air stream.\n\n(3) Where a thermal oxidation system is used, a CPMS capable of measuring temperature must be installed in the firebox or in the ductwork immediately downstream from the firebox in a position before any substantial heat exchange occurs.\n\n(4) Where a flare meeting the requirements in \u00a7 63.11(b) is used, a heat-sensing device, such as an ultraviolet beam sensor or a thermocouple, must be installed in proximity to the pilot light to indicate the presence of a flame.\n\n(5) Monitoring an alternative operating parameter or a parameter of a vapor processing system other than those listed in this paragraph will be allowed upon demonstrating to the Administrator's satisfaction that the alternative parameter demonstrates continuous compliance with the emission standard in \u00a7 63.422(b) or \u00a7 60.112b(a)(3)(ii) of this chapter.\n\n(b) Each owner or operator of a bulk gasoline terminal subject to the provisions in \u00a7 63.422(b)(1) shall operate the vapor processing system in a manner not to exceed the operating parameter value for the parameter described in paragraphs (a)(1) and (2) of this section, or to go below the operating parameter value for the parameter described in paragraph (a)(3) of this section, and established using the procedures in \u00a7 63.425(b). In cases where an alternative parameter pursuant to paragraph (a)(5) of this section is approved, each owner or operator shall operate the vapor processing system in a manner not to exceed or not to go below, as appropriate, the alternative operating parameter value. Operation of the vapor processing system in a manner exceeding or going below the operating parameter value, as specified above, shall constitute a violation of the emission standard in \u00a7 63.422(b)(1).\n\n(c) Except as provided in paragraph (f) of this section, each owner or operator of a bulk gasoline terminal subject to the provisions in \u00a7 63.422(b)(2) shall install, calibrate, certify, operate, and maintain a CMS as specified in \u00a7 60.504a(a) through (d) of this chapter, as applicable. You may use the limited alternative monitoring methods as specified in \u00a7 60.504a(e) of this chapter, if applicable.\n\n(d) Each owner or operator of a bulk gasoline terminal subject to the provisions in \u00a7 63.422(b)(2) shall operate the vapor processing system in a manner consistent with the minimum and/or maximum operating parameter value or procedures described in \u00a7\u00a7 60.502a(a) and (c) and 60.504a(a) and (c) of this chapter. Operation of the vapor processing system in a manner that constitutes a period of excess emissions or failure to perform procedures required shall constitute a deviation of the emission standard in \u00a7 63.422(b)(2).\n\n(e) Each owner or operator of gasoline storage vessels subject to the provisions of \u00a7 63.423 shall comply with the monitoring requirements in \u00a7 60.116b of this chapter, except records shall be kept for at least 5 years. If a closed vent system and control device are used, as specified in \u00a7 60.112b(a)(3) of this chapter, to comply with the requirements in \u00a7 63.423, the owner or operator shall also comply with the requirements in paragraph (e)(1) or (2) of this section, as applicable.\n\n(1) If the gasoline storage vessel is subject to the provision in \u00a7 63.423(a) or if the gasoline storage vessel is subject to the provision in \u00a7 63.423(b) and a control device other than a flare is used for the gasoline storage vessel, the owner or operator shall also comply with the requirements in paragraph (a) of this section.\n\n(2) If the gasoline storage vessel is subject to the provision in \u00a7 63.423(b) and a flare is used as the control device for the affected gasoline storage vessel, you must comply with the monitoring requirements in \u00a7 60.504a(c) of this chapter.\n\n(f) As an alternative to the pressure monitoring requirements in \u00a7 60.504a(d) of this chapter, you may comply with the pressure monitoring requirements in \u00a7 60.503(d) of this chapter during any performance test or performance evaluation conducted under \u00a7 63.425(c) to demonstrate compliance with the provisions in \u00a7 60.502a(h) of this chapter."], ["40:40:11.0.1.1.1.18.8.9", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "R", "Subpart R\u2014National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)", "", "\u00a7 63.428 Recordkeeping and reporting.", "EPA", "", "", "[89 FR 39364, May 8, 2024]", "(a) The initial notifications required for existing affected sources under \u00a7 63.9(b)(2) shall be submitted by 1 year after an affected source becomes subject to the provisions of this subpart or by December 16, 1996, whichever is later. Affected sources that are major sources on December 16, 1996, and plan to be area sources by December 15, 1997, shall include in this notification a brief, non-binding description of and schedule for the action(s) that are planned to achieve area source status.\n\n(b) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall keep records in either hardcopy or electronic form of the test results for each gasoline cargo tank loading at the facility for at least 5 years as specified in paragraphs (b)(1) through (3) of this section. Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall keep records for at least 5 years as specified in paragraphs (b)(4) and (5) of this section.\n\n(1) Annual certification testing performed under \u00a7 63.425(e) and railcar bubble leak testing performed under \u00a7 63.425(i); and\n\n(2) Continuous performance testing performed at any time at that facility under \u00a7 63.425(f), (g), and (h).\n\n(3) The documentation file shall be kept up-to-date for each gasoline cargo tank loading at the facility. The documentation for each test shall include, as a minimum, the following information:\n\n(i) Name of test: Annual Certification Test\u2014Method 27 (\u00a7 63.425(e)(1)); Annual Certification Test\u2014Internal Vapor Valve (\u00a7 63.425(e)(2)); Leak Detection Test (\u00a7 63.425(f)); Nitrogen Pressure Decay Field Test (\u00a7 63.425(g)); Continuous Performance Pressure Decay Test (\u00a7 63.425(h)); or Railcar Bubble Leak Test Procedure (\u00a7 63.425(i)).\n\n(ii) Cargo tank owner's name and address.\n\n(iii) Cargo tank identification number.\n\n(iv) Test location and date.\n\n(v) Tester name and signature.\n\n(vi) Witnessing inspector, if any: Name, signature, and affiliation.\n\n(vii) Vapor tightness repair: Nature of repair work and when performed in relation to vapor tightness testing.\n\n(viii) Test results: tank or compartment capacity; test pressure; pressure or vacuum change, mm of water; time period of test; number of leaks found with instrument; and leak definition.\n\n(4) Records of each instance in which liquid product was loaded into a gasoline cargo tank for which vapor tightness documentation required under \u00a7 60.502(e)(1) or \u00a7 60.502a(e)(1) of this chapter, as applicable, was not provided or available in the terminal's records. These records shall include, at a minimum:\n\n(i) Cargo tank owner and address.\n\n(ii) Cargo tank identification number.\n\n(iii) Date and time liquid product was loaded into a gasoline cargo tank without proper documentation.\n\n(iv) Date proper documentation was received or statement that proper documentation was never received.\n\n(5) Records of each instance when liquid product was loaded into gasoline cargo tanks not using submerged filling, as defined in \u00a7 63.421, not equipped with vapor collection equipment that is compatible with the terminal's vapor collection system, or not properly connected to the terminal's vapor collection system. These records shall include, at a minimum:\n\n(i) Date and time of liquid product loading into gasoline cargo tank not using submerged filling, improperly equipped or improperly connected.\n\n(ii) Type of deviation ( e.g.,  not submerged filling, incompatible equipment, not properly connected).\n\n(iii) Cargo tank identification number.\n\n(c) Each owner or operator of a bulk gasoline terminal subject to the provisions in \u00a7 63.422(b)(1) shall:\n\n(1) Keep an up-to-date, readily accessible record of the continuous monitoring data required under \u00a7 63.427(a). This record shall indicate the time intervals during which loadings of gasoline cargo tanks have occurred or, alternatively, shall record the operating parameter data only during such loadings. The date and time of day shall also be indicated at reasonable intervals on this record.\n\n(2) Record and report simultaneously with the notification of compliance status required under \u00a7 63.9(h):\n\n(i) All data and calculations, engineering assessments, and manufacturer's recommendations used in determining the operating parameter value under \u00a7 63.425(b); and\n\n(ii) The following information when using a flare under provisions of \u00a7 63.11(b) to comply with \u00a7 63.422(b):\n\n(A) Flare design ( i.e.,  steam-assisted, air-assisted, or non-assisted); and\n\n(B) All visible emissions readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required under \u00a7 63.425(b).\n\n(3) If an owner or operator requests approval to use a vapor processing system or monitor an operating parameter other than those specified in \u00a7 63.427(a), the owner or operator shall submit 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.\n\n(4) Keep written procedures required under \u00a7 63.8(d)(2) 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, you shall keep previous ( i.e.,  superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action shall be included in the plan as required under \u00a7 63.8(d)(2).\n\n(d) Each owner or operator of a bulk gasoline terminal subject to the provisions in \u00a7 63.422(b)(2) shall keep records as specified in paragraphs (d)(1) through (4) of this section, as applicable, for a minimum of five years unless otherwise specified in this section:\n\n(1) For each thermal oxidation system used to comply with the emission limitations in \u00a7 63.422(b)(2) by monitoring the combustion zone temperature as specified in \u00a7 60.502a(c)(1)(ii) of this chapter, for each pressure CPMS used to comply with the requirements in \u00a7 60.502a(h) of this chapter, and for each vapor recovery system used to comply with the emission limitations in \u00a7 63.422(b)(2), maintain records, as applicable, of:\n\n(i) The applicable operating or emission limit for the CMS. For combustion zone temperature operating limits, include the applicable date range the limit applies based on when the performance test was conducted.\n\n(ii) Each 3-hour rolling average combustion zone temperature measured by the temperature CPMS, each 5-minute average reading from the pressure CPMS, and each 3-hour rolling average total organic compounds (TOC) concentration (as propane) measured by the TOC CEMS.\n\n(iii) For each deviation of the 3-hour rolling average combustion zone temperature operating limit, maximum loading pressure specified in \u00a7 60.502a(h) of this chapter, or 3-hour rolling average TOC concentration (as propane), the start date and time, duration, cause, and the corrective action taken.\n\n(iv) For each period when there was a CMS outage or the CMS was out of control, the start date and time, duration, cause, and the corrective action taken. For TOC CEMS outages where the limited alternative for vapor recovery systems in \u00a7 60.504a(e) of this chapter is used, the corrective action taken shall include an indication of the use of the limited alternative for vapor recovery systems in \u00a7 60.504a(e).\n\n(v) Each inspection or calibration of the CMS including a unique identifier, make, and model number of the CMS, and date of calibration check. For TOC CEMS, include the type of CEMS used ( i.e.,  flame ionization detector, nondispersive infrared analyzer) and an indication of whether methane is excluded from the TOC concentration reported in paragraph (d)(1)(ii) of this section.\n\n(vi) TOC CEMS outages where the limited alternative for vapor recovery systems in \u00a7 60.504a(e) of this chapter is used, also keep records of:\n\n(A) The quantity of liquid product loaded in gasoline cargo tanks for the past 10 adsorption cycles prior to the CEMS outage.\n\n(B) The vacuum pressure, purge gas quantities, and duration of the vacuum/purge cycles used for the past 10 desorption cycles prior to the CEMS outage.\n\n(C) The quantity of liquid product loaded in gasoline cargo tanks for each adsorption cycle while using the alternative.\n\n(D) The vacuum pressure, purge gas quantities, and duration of the vacuum/purge cycles for each desorption cycle while using the alternative.\n\n(2) For each flare used to comply with the emission limitations in \u00a7 63.422(b)(2) and for each thermal oxidation system using the flare monitoring alternative as provided in \u00a7 60.502a(c)(1)(iii) of this chapter, maintain records of:\n\n(i) The output of the monitoring device used to detect the presence of a pilot flame as required in \u00a7 63.670(b) for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame is present when gasoline vapors were routed to the flare for a minimum of 5 years. The record must identify the start and end time and date of each 15-minute block.\n\n(ii) Visible emissions observations as specified in paragraphs (d)(2)(ii)(A) and (B) of this section, as applicable, for a minimum of 3 years.\n\n(A) If visible emissions observations are performed using Method 22 of appendix A-7 to part 60 of this chapter, the record must identify the date, the start and end time of the visible emissions observation, and the number of minutes for which visible emissions were observed during the observation. If the owner or operator performs visible emissions observations more than one time during a day, include separate records for each visible emissions observation performed.\n\n(B) For each 2-hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours but visible emissions observations according to Method 22 of appendix A-7 to part 60 of this chapter were not conducted for the full 2-hour period, the record must include the date, the start and end time of the visible emissions observation, and an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible based on best information available to the owner or operator.\n\n(iii) Each 15-minute block period during which operating values are outside of the applicable operating limits specified in \u00a7 63.670(d) through (f) when liquid product is being loaded into gasoline cargo tanks for at least 15-minutes identifying the specific operating limit that was not met.\n\n(iv) The 15-minute block average cumulative flows for the thermal oxidation system vent gas or flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under \u00a7 63.670(i), along with the date and start and end time for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, retain records of the 15-minute block average temperature, pressure and molecular weight of the thermal oxidation system vent gas, flare vent gas, or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If you use the supplemental gas flow rate monitoring alternative in \u00a7 60.502a(c)(3)(viii) of this chapter, the required supplemental gas flow rate (winter and summer, if applicable) and the actual monitored supplemental gas flow rate for the 15-minute block. Retain the supplemental gas flow rate records for a minimum of 5 years.\n\n(v) The thermal oxidation system vent gas or flare vent gas compositions specified to be monitored under \u00a7 63.670(j). Retain records of individual component concentrations from each compositional analyses for a minimum of 2 years. If NHV vg  analyzer is used, retain records of the 15-minute block average values for a minimum of 5 years. If you demonstrate your gas streams have consistent composition using the provisions in \u00a7 63.670(j)(6) as specified in \u00a7 60.502a(c)(3)(vii) of this chapter, retain records of the required minimum ratio of gasoline loaded to total liquid product loaded and the actual ratio on a 15-minute block basis. If applicable, you must retain records of the required minimum gasoline loading rate as specified in \u00a7 60.502a(c)(3)(vii) and the actual gasoline loading rate on a 15-minute block basis for a minimum of 5 years.\n\n(vi) Each 15-minute block average operating parameter calculated following the methods specified in \u00a7 63.670(k) through (n), as applicable.\n\n(vii) All periods during which the owner or operator does not perform monitoring according to the procedures in \u00a7 63.670(g), (i), and (j) or in \u00a7 60.502a(c)(3)(vii) and (viii) of this chapter as applicable. Note the start date, start time, and duration in minutes for each period.\n\n(viii) An indication of whether \u201cvapors displaced from gasoline cargo tanks during product loading\u201d excludes periods when liquid product is loaded but no gasoline cargo tanks are being loaded or if liquid product loading is assumed to be loaded into gasoline cargo tanks according to the provisions in \u00a7 60.502a(c)(3)(i) of this chapter, records of all time periods when \u201cvapors displaced from gasoline cargo tanks during product loading\u201d, and records of time periods when there were no \u201cvapors displaced from gasoline cargo tanks during product loading\u201d.\n\n(ix) If you comply with the flare tip velocity operating limit using the one-time flare tip velocity operating limit compliance assessment as provided in \u00a7 60.502a(c)(3)(ix) of this chapter, maintain records of the applicable one-time flare tip velocity operating limit compliance assessment for as long as you use this compliance method.\n\n(x) For each parameter monitored using a CMS, retain the records specified in paragraphs (d)(2)(x)(A) through (C) of this section, as applicable:\n\n(A) For each deviation, record the start date and time, duration, cause, and corrective action taken.\n\n(B) For each period when there is a CMS outage or the CMS is out of control, record the start date and time, duration, cause, and corrective action taken.\n\n(C) Each inspection or calibration of the CMS including a unique identifier, make, and model number of the CMS, and date of calibration check.\n\n(3) Records of all 5-minute time periods during which liquid product is loaded into gasoline cargo tanks or assumed to be loaded into gasoline cargo tanks and records of all 5-minute time periods when there was no liquid product loaded into gasoline cargo tanks.\n\n(4) Keep written procedures required under \u00a7 63.8(d)(2) 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, you shall keep previous ( i.e.,  superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action shall be included in the plan as required under \u00a7 63.8(d)(2).\n\n(e) Each owner or operator of storage vessels subject to the provisions of this subpart shall keep records as specified in \u00a7 60.115b of this chapter, except records shall be kept for at least 5 years. Additionally, for each storage vessel complying with the provisions in \u00a7 63.423(b)(2), keep records of each LEL monitoring event as specified in paragraphs (e)(1) through (9) of this section.\n\n(1) Date and time of the LEL monitoring, and the storage vessel being monitored.\n\n(2) A description of the monitoring event ( e.g.,  monitoring conducted concurrent with visual inspection required under \u00a7 60.113b(a)(2) of this chapter or \u00a7 63.1063(d)(2); monitoring that occurred on a date other than the visual inspection required under \u00a7 60.113b(a)(2) or \u00a7 63.1063(d)(2); re-monitoring due to high winds; re-monitoring after repair attempt).\n\n(3) Wind speed at the top of the storage vessel on the date of LEL monitoring.\n\n(4) The LEL meter manufacturer and model number used, as well as an indication of whether tubing was used during the LEL monitoring, and if so, the type and length of tubing used.\n\n(5) Calibration checks conducted before and after making the measurements, including both the span check and instrumental offset. This includes the hydrocarbon used as the calibration gas, the Certificate of Analysis for the calibration gas(es), the results of the calibration check, and any corrective action for calibration checks that do not meet the required response.\n\n(6) Location of the measurements and the location of the floating roof.\n\n(7) Each measurement (taken at least once every 15 seconds). The records should indicate whether the recorded values were automatically corrected using the meter's programming. If the values were not automatically corrected, record both the raw (as the calibration gas) and corrected measurements, as well as the correction factor used.\n\n(8) Each 5-minute rolling average reading.\n\n(9) If the vapor concentration of the storage vessel was above 25 percent of the LEL on a 5-minue rolling average basis, a description of whether the floating roof was repaired, replaced, or taken out of gasoline service.\n\n(f) Each owner or operator complying with the provisions of \u00a7 63.424 shall keep records of the information in paragraphs (f)(1) and (2) of this section.\n\n(1) Each owner or operator complying with the provisions of \u00a7 63.424(b) shall record the following information in the logbook for each leak that is detected:\n\n(i) The equipment type and identification number;\n\n(ii) The nature of the leak ( i.e.,  vapor or liquid) and the method of detection ( i.e.,  sight, sound, or smell);\n\n(iii) The date the leak was detected and the date of each attempt to repair the leak;\n\n(iv) Repair methods applied in each attempt to repair the leak;\n\n(v) \u201cRepair delayed\u201d and the reason for the delay if the leak is not repaired within 15 calendar days after discovery of the leak;\n\n(vi) The expected date of successful repair of the leak if the leak is not repaired within 15 days; and\n\n(vii) The date of successful repair of the leak.\n\n(2) Each owner or operator complying with the provisions of \u00a7 63.424(c) or \u00a7 60.503a(a)(2) of this chapter shall keep records of the following information:\n\n(i) Types, identification numbers, and locations of all equipment in gasoline service.\n\n(ii) For each leak inspection conducted under \u00a7 63.424(c) or \u00a7 60.503a(a)(2) of this chapter, keep the following records:\n\n(A) An indication if the leak inspection was conducted under \u00a7 63.424(c) or \u00a7 60.503a(a)(2) of this chapter.\n\n(B) Leak determination method used for the leak inspection.\n\n(iii) For leak inspections conducted with Method 21 of appendix A-7 to part 60 of this chapter, keep the following additional records:\n\n(A) Date of inspection.\n\n(B) Inspector name.\n\n(C) Monitoring instrument identification.\n\n(D) Identification of all equipment surveyed and the instrument reading for each piece of equipment.\n\n(E) Date and time of instrument calibration and initials of operator performing the calibration.\n\n(F) Calibration gas cylinder identification, certification date, and certified concentration.\n\n(G) Instrument scale used.\n\n(H) Results of the daily calibration drift assessment.\n\n(iv) For leak inspections conducted with OGI, keep the records specified in section 12 of appendix K to part 60 of this chapter.\n\n(v) For each leak that is detected during a leak inspection or by audio/visual/olfactory methods during normal duties, record the following information:\n\n(A) The equipment type and identification number.\n\n(B) The date the leak was detected, the name of the person who found the leak, nature of the leak ( i.e.,  vapor or liquid) and the method of detection ( i.e.,  audio/visual/olfactory, Method 21 of appendix A-7 to part 60 of this chapter, or OGI).\n\n(C) The date of each attempt to repair the leak and the repair methods applied in each attempt to repair the leak.\n\n(D) The date of successful repair of the leak, the method of monitoring used to confirm the repair, and if Method 21 of appendix A-7 to part 60 of this chapter is used to confirm the repair, the maximum instrument reading measured by Method 21 of appendix A-7 to part 60. If OGI is used to confirm the repair, keep video footage of the repair confirmation.\n\n(E) For each repair delayed beyond 15 calendar days after discovery of the leak, record \u201cRepair delayed\u201d, the reason for the delay, and the expected date of successful repair. The owner or operator (or designate) whose decision it was that repair could not be carried out in the 15-calendar day timeframe must sign the record.\n\n(F) For each leak that is not repairable, the maximum instrument reading measured by Method 21 of appendix A-7 to part 60 of this chapter at the time the leak is determined to be not repairable, a video captured by the OGI camera showing that emissions are still visible, or a signed record that the leak is still detectable via audio/visual/olfactory methods.\n\n(g) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall keep the following records for each deviation of an emissions limitation (including operating limit), work practice standard, or operation and maintenance requirement in this subpart.\n\n(1) Date, start time, and duration of each deviation.\n\n(2) List of the affected sources or equipment for each deviation, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions.\n\n(3) Actions taken to minimize emissions.\n\n(h) Any records required to be maintained by this subpart that are submitted electronically via the U.S. Environmental Protection Agency (EPA) Compliance and Emissions Data Reporting Interface (CEDRI) may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated authority or the EPA as part of an on-site compliance evaluation.\n\n(i) Records of each performance test or performance evaluation conducted and each notification and report submitted to the Administrator for at least 5 years. For each performance test, include an indication of whether liquid product loading is assumed to be loaded into gasoline cargo tanks or periods when liquid product is loaded but no gasoline cargo tanks are being loaded are excluded in the determination of the combustion zone temperature operating limit according to the provision in \u00a7 60.503a(c)(8)(ii) of this chapter. If complying with the alternative in \u00a7 63.427(f), for each performance test or performance evaluation conducted, include the pressure every 5 minutes while a gasoline cargo tank is being loaded and the highest instantaneous pressure that occurs during each loading.\n\n(j) Prior to November 4, 2024, each owner or operator of an affected source under this subpart shall submit performance test reports to the Administrator according to the requirements in \u00a7 63.13. Beginning on November 4, 2024, within 60 days after the date of completing each performance test and each CEMS performance evaluation required by this subpart, you must submit the results of the performance test following the procedure specified in \u00a7 63.9(k). As required by \u00a7 63.7(g)(2)(iv), you must include the value for the combustion zone temperature operating parameter limit set based on your performance test in the performance test report. If the monitoring alternative in \u00a7 63.427(f) is used, indicate that this monitoring alternative is being used, identify each loading rack that loads gasoline cargo tanks at the bulk gasoline terminal subject to the provisions of this subpart, and report the highest instantaneous pressure monitored during the performance test or performance evaluation for each identified loading rack. Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) and performance evaluations of CEMS measuring RATA pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert ) at the time of the test or performance evaluation must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website. Data collected using test methods that are not supported by the EPA's ERT and performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test must be included as an attachment in the ERT or alternate electronic file.\n\n(k) The owner or operator must submit all Notification of Compliance Status reports in PDF format to the EPA following the procedure specified in \u00a7 63.9(k), except any medium submitted through mail must be sent to the attention of the Gasoline Distribution Sector Lead.\n\n(l) Prior to May 8, 2027, each owner or operator of a source subject to the requirements of this subpart shall submit reports as specified in paragraphs (l)(1) through (5) of this section, as applicable.\n\n(1) Each owner or operator subject to the provisions of \u00a7 63.424 shall report to the Administrator a description of the types, identification numbers, and locations of all equipment in gasoline service. For facilities electing to implement an instrument program under \u00a7 63.424(b)(4), the report shall contain a full description of the program.\n\n(i) In the case of an existing source or a new source that has an initial startup date before December 14, 1994, the report shall be submitted with the notification of compliance status required under \u00a7 63.9(h), unless an extension of compliance is granted under \u00a7 63.6(i). If an extension of compliance is granted, the report shall be submitted on a date scheduled by the Administrator.\n\n(ii) In the case of new sources that did not have an initial startup date before December 14, 1994, the report shall be submitted with the application for approval of construction, as described in \u00a7 63.5(d).\n\n(2) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall include in a semiannual report to the Administrator the following information, as applicable:\n\n(i) Each loading of a gasoline cargo tank for which vapor tightness documentation had not been previously obtained by the facility;\n\n(ii) Periodic reports as specified in \u00a7 60.115b of this chapter; and\n\n(iii) The number of equipment leaks not repaired within 5 days after detection.\n\n(3) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall submit an excess emissions report to the Administrator in accordance with \u00a7 63.10(e)(3), whether or not a CMS is installed at the facility. The following occurrences are excess emissions events under this subpart, and the following information shall be included in the excess emissions report, as applicable:\n\n(i) Each exceedance or failure to maintain, as appropriate, the monitored operating parameter value determined under \u00a7 63.425(b)(3). The report shall include the monitoring data for the days on which exceedances or failures to maintain have occurred, and a description and timing of the steps taken to repair or perform maintenance on the vapor collection and processing systems or the CMS.\n\n(ii) Each instance of a nonvapor-tight gasoline cargo tank loading at the facility in which the owner or operator failed to take steps to assure that such cargo tank would not be reloaded at the facility before vapor tightness documentation for that cargo tank was obtained.\n\n(iii) Each reloading of a nonvapor-tight gasoline cargo tank at the facility before vapor tightness documentation for that cargo tank is obtained by the facility in accordance with \u00a7 63.422(c).\n\n(iv) For each occurrence of an equipment leak for which no repair attempt was made within 5 days or for which repair was not completed within 15 days after detection:\n\n(A) The date on which the leak was detected;\n\n(B) The date of each attempt to repair the leak;\n\n(C) The reasons for the delay of repair; and\n\n(D) The date of successful repair.\n\n(4) Each owner or operator of a facility meeting the criteria in \u00a7 63.420(c) shall perform the requirements of this paragraph (l)(4), all of which will be available for public inspection:\n\n(i) Document and report to the Administrator not later than December 16, 1996, for existing facilities, within 30 days for existing facilities subject to \u00a7 63.420(c) after December 16, 1996, or at startup for new facilities the methods, procedures, and assumptions supporting the calculations for determining criteria in \u00a7 63.420(c);\n\n(ii) Maintain records to document that the facility parameters established under \u00a7 63.420(c) have not been exceeded; and\n\n(iii) Report annually to the Administrator that the facility parameters established under \u00a7 63.420(c) have not been exceeded.\n\n(iv) At any time following the notification required under paragraph (l)(4)(i) of this section and approval by the Administrator of the facility parameters, and prior to any of the parameters being exceeded, the owner or operator may submit a report to request modification of any facility parameter to the Administrator for approval. Each such request shall document any expected HAP emission change resulting from the change in parameter.\n\n(5) Each owner or operator of a facility meeting the criteria in \u00a7 63.420(d) shall perform the requirements of this paragraph (l)(5), all of which will be available for public inspection:\n\n(i) Document and report to the Administrator not later than December 16, 1996, for existing facilities, within 30 days for existing facilities subject to \u00a7 63.420(d) after December 16, 1996, or at startup for new facilities the use of the emission screening equations in \u00a7 63.420(a)(1) or (b)(1) and the calculated value of E T  or E P ;\n\n(ii) Maintain a record of the calculations in \u00a7 63.420 (a)(1) or (b)(1), including methods, procedures, and assumptions supporting the calculations for determining criteria in \u00a7 63.420(d); and\n\n(iii) At any time following the notification required under paragraph (l)(5)(i) of this section, and prior to any of the parameters being exceeded, the owner or operator may notify the Administrator of modifications to the facility parameters. Each such notification shall document any expected HAP emission change resulting from the change in parameter.\n\n(m) On or after May 8, 2027, you must submit to the Administrator semiannual reports with the applicable information in paragraphs (m)(1) through (8) of this section following the procedure specified in paragraph (n) of this section.\n\n(1) Report the following general facility information:\n\n(i) Facility name.\n\n(ii) Facility physical address, including city, county, and State.\n\n(iii) Latitude and longitude of facility's physical location. Coordinates must be in decimal degrees with at least five decimal places.\n\n(iv) The following information for the contact person:\n\n(A) Name.\n\n(B) Mailing address.\n\n(C) Telephone number.\n\n(D) Email address.\n\n(v) The type of facility (bulk gasoline terminal or pipeline breakout station).\n\n(vi) Date of report and beginning and ending dates of the reporting period. You are no longer required to provide the date of report when the report is submitted via CEDRI.\n\n(vii) Statement by a responsible official, with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces the requirement in this paragraph (m)(1)(vii).\n\n(2) For each thermal oxidation system used to comply with the emission limit in \u00a7 60.502a(c)(1) of this chapter by monitoring the combustion zone temperature as specified in \u00a7 60.502a(c)(1)(ii), for each pressure CPMS used to comply with the requirements in \u00a7 60.502a(h), and for each vapor recovery system used to comply with the emission limitations in \u00a7 60.502a(c)(2), report the following information for the CMS:\n\n(i) For all instances when the temperature CPMS measured 3-hour rolling averages below the established operating limit or when the vapor collection system pressure exceeded the maximum loading pressure specified in \u00a7 60.502a(h) of this chapter when liquid product was being loaded into gasoline cargo tanks or when the TOC CEMS measured 3-hour rolling average concentrations higher than the applicable emission limitation when the vapor recovery system was operating:\n\n(A) The date and start time of the deviation.\n\n(B) The duration of the deviation in hours.\n\n(C) Each 3-hour rolling average combustion zone temperature, average pressure, or 3-hour rolling average TOC concentration during the deviation. For TOC concentration, indicate whether methane is excluded from the TOC concentration.\n\n(D) A unique identifier for the CMS.\n\n(E) The make, model number, and date of last calibration check of the CMS.\n\n(F) The cause of the deviation and the corrective action taken.\n\n(ii) For all instances that the temperature CPMS for measuring the combustion zone temperature or pressure CPMS was not operating or out of control when liquid product was loaded into gasoline cargo tanks, or the TOC CEMS was not operating or was out of control when the vapor recovery system was operating:\n\n(A) The date and start time of the deviation.\n\n(B) The duration of the deviation in hours.\n\n(C) A unique identifier for the CMS.\n\n(D) The make, model number, and date of last calibration check of the CMS.\n\n(E) The cause of the deviation and the corrective action taken. For TOC CEMS outages where the limited alternative for vapor recovery systems in \u00a7 60.504a(e) of this chapter is used, the corrective action taken shall include an indication of the use of the limited alternative for vapor recovery systems in \u00a7 60.504a(e).\n\n(F) For TOC CEMS outages where the limited alternative for vapor recovery systems in \u00a7 60.504a(e) of this chapter is used, report either an indication that there were no deviations from the operating limits when using the limited alternative or report the number of each of the following types of deviations that occurred during the use of the limited alternative for vapor recovery systems in \u00a7 60.504a(e).\n\n( 1 ) The number of adsorption cycles when the quantity of liquid product loaded in gasoline cargo tanks exceeded the operating limit established in \u00a7 60.504a(e)(1) of this chapter. Enter 0 if no deviations of this type.\n\n( 2 ) The number of desorption cycles when the vacuum pressure was below the average vacuum pressure as specified in \u00a7 60.504a(e)(2)(i) of this chapter. Enter 0 if no deviations of this type.\n\n( 3 ) The number of desorption cycles when the quantity of purge gas used was below the average quantity of purge gas as specified in \u00a7 60.504a(e)(2)(ii) of this chapter. Enter 0 if no deviations of this type.\n\n( 4 ) The number of desorption cycles when the duration of the vacuum/purge cycle was less than the average duration as specified in \u00a7 60.504a(e)(2)(iii) of this chapter. Enter 0 if no deviations of this type.\n\n(3) For each flare used to comply with the emission limitations in \u00a7 60.502a(c)(3) of this chapter and for each thermal oxidation system using the flare monitoring alternative as provided in \u00a7 60.502a(c)(1)(iii), report:\n\n(i) The date and start and end times for each of the following instances:\n\n(A) Each 15-minute block during which there was at least one minute when gasoline vapors were routed to the flare and no pilot flame was present.\n\n(B) Each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes. Additionally, report the number of minutes for which visible emissions were observed during the observation or an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible based on best information available to the owner or operator.\n\n(C) Each 15-minute period for which the applicable operating limits specified in \u00a7 63.670(d) through (f) were not met. You must identify the specific operating limit that was not met. Additionally, report the information in paragraphs (m)(3)(i)(C)( 1 ) through ( 3 ) of this section, as applicable.\n\n( 1 ) If you use the loading rate operating limits as determined in \u00a7 60.502a(c)(3)(vii) of this chapter alone or in combination with the supplemental gas flow rate monitoring alternative in \u00a7 60.502a(c)(3)(viii) of this chapter, the required minimum ratio and the actual ratio of gasoline loaded to total product loaded for the rolling 15-minute period and, if applicable, the required minimum quantity and the actual quantity of gasoline loaded, in gallons, for the rolling 15-minute period.\n\n( 2 ) If you use the supplemental gas flow rate monitoring alternative in \u00a7 60.502a(c)(3)(viii) of this chapter, the required minimum supplemental gas flow rate and the actual supplemental gas flow rate including units of flow rates for the 15-minute block.\n\n( 3 ) If you use parameter monitoring systems other than those specified in paragraphs (m)(3)(i)(C)( 1 ) and ( 2 ) of this section, the value of the net heating value operating parameter(s) during the deviation determined following the methods in \u00a7 63.670(k) through (n) as applicable.\n\n(ii) The start date, start time, and duration in minutes for each period when \u201cvapors displaced from gasoline cargo tanks during product loading\u201d were routed to the flare or thermal oxidation system and the applicable monitoring was not performed.\n\n(iii) For each instance reported under paragraphs (m)(3)(i) and (ii) of this section that involves CMS, report the following information:\n\n(A) A unique identifier for the CMS.\n\n(B) The make, model number, and date of last calibration check of the CMS.\n\n(C) The cause of the deviation or downtime and the corrective action taken.\n\n(4) For any instance in which liquid product was loaded into a gasoline cargo tank for which vapor tightness documentation required under \u00a7 60.502a(e)(1) of this chapter was not provided or available in the terminal's records, report:\n\n(i) Cargo tank owner and address.\n\n(ii) Cargo tank identification number.\n\n(iii) Date and time liquid product was loaded into a gasoline cargo tank without proper documentation.\n\n(iv) Date proper documentation was received or statement that proper documentation was never received.\n\n(5) For each instance when liquid product was loaded into gasoline cargo tanks not using submerged filling, as defined in \u00a7 63.421, not equipped with vapor collection equipment that is compatible with the terminal's vapor collection system, or not properly connected to the terminal's vapor collection system, report:\n\n(i) Date and time of liquid product loading into gasoline cargo tank not using submerged filling, improperly equipped, or improperly connected.\n\n(ii) The type of deviation ( e.g.,  not submerged filling, incompatible equipment, not properly connected).\n\n(iii) Cargo tank identification number.\n\n(6) Report the following information for each leak inspection required and each leak identified under \u00a7 63.424(c) and \u00a7 60.503a(a)(2) of this chapter.\n\n(i) For each leak detected during a leak inspection required under \u00a7 63.424(c) and \u00a7 60.503a(a)(2) of this chapter, report:\n\n(A) The date of inspection.\n\n(B) The leak determination method (OGI or Method 21).\n\n(C) The total number and type of equipment for which leaks were detected.\n\n(D) The total number and type of equipment for which leaks were repaired within 15 calendar days.\n\n(E) The total number and type of equipment for which no repair attempt was made within 5 calendar days of the leaks being identified.\n\n(F) The total number and types of equipment that were placed on the delay of repair, as specified in \u00a7 60.502a(j)(8) of this chapter.\n\n(ii) For leaks identified under \u00a7 63.424(c) by audio/visual/olfactory methods during normal duties report:\n\n(A) The total number and type of equipment for which leaks were identified.\n\n(B) The total number and type of equipment for which leaks were repaired within 15 calendar days.\n\n(C) The total number and type of equipment for which no repair attempt was made within 5 calendar days of the leaks being identified.\n\n(D) The total number and type of equipment placed on the delay of repair, as specified in \u00a7 60.502a(j)(8) of this chapter.\n\n(iii) The total number of leaks on the delay of repair list at the start of the reporting period.\n\n(iv) The total number of leaks on the delay of repair list at the end of the reporting period.\n\n(v) For each leak that was on the delay of repair list at any time during the reporting period, report:\n\n(A) Unique equipment identification number.\n\n(B) Type of equipment.\n\n(C) Leak determination method (OGI, Method 21, or audio/visual/olfactory).\n\n(D) The reason(s) why the repair was not feasible within 15 calendar days.\n\n(E) If applicable, the date repair was completed.\n\n(7) For each gasoline storage vessel subject to requirements in \u00a7 63.423, report:\n\n(i) The information specified in \u00a7 60.115b(a) or (b) of this chapter or deviations in measured parameter values from the plan specified in \u00a7 60.115b(c) of this chapter, depending upon the control equipment installed, or, if applicable, the information specified in \u00a7 63.1066(b).\n\n(ii) If you are complying with \u00a7 63.423(b)(2), for each deviation in LEL monitoring, report:\n\n(A) Date and start and end times of the LEL monitoring, and the storage vessel being monitored.\n\n(B) Description of the monitoring event,  e.g.,  monitoring conducted concurrent with visual inspection required under \u00a7 60.113b(a)(2) of this chapter or \u00a7 63.1063(d)(2); monitoring that occurred on a date other than the visual inspection required under \u00a7 60.113b(a)(2) or \u00a7 63.1063(d)(2); re-monitoring due to high winds; re-monitoring after repair attempt.\n\n(C) Wind speed in miles per hour at the top of the storage vessel on the date of LEL monitoring.\n\n(D) The highest 5-minute rolling average reading during the monitoring event.\n\n(E) Whether the floating roof was repaired, replaced, or taken out of gasoline service. If the floating roof was repaired or replaced, also report the information in paragraphs (m)(7)(ii)(A) through (D) of this section for each re-monitoring conducted to confirm the repair.\n\n(8) If there were no deviations from the emission limitations, operating parameters, or work practice standards, then provide a statement that there were no deviations from the emission limitations, operating parameters, or work practice standards during the reporting period. If there were no periods during which a continuous monitoring system (including a CEMS or CPMS) was inoperable or out-of-control, then provide a statement that there were no periods during which a continuous monitoring system was inoperable or out-of-control during the reporting period.\n\n(n) Each owner or operator of an affected source under this subpart shall submit semiannual compliance reports with the information specified in paragraph (l) or (m) of this section to the Administrator according to the requirements in \u00a7 63.13. Beginning on May 8, 2027, or once the report template for this subpart has been available on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri ) for one year, whichever date is later, you must submit all subsequent semiannual compliance reports using the appropriate electronic report template on the CEDRI website for this subpart and following the procedure specified in \u00a7 63.9(k), except any medium submitted through mail must be sent to the attention of the Gasoline Distribution Sector Lead. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated State agency or other authority has approved a different schedule for submission of reports, the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted."], ["40:40:11.0.1.1.1.19.8.1", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.440 Applicability.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 63 FR 71389, Dec. 28, 1998]", "(a) The provisions of this subpart apply to the owner or operator of processes that produce pulp, paper, or paperboard; that are located at a plant site that is a major source as defined in \u00a7 63.2 of subpart A of this part; and that use the following processes and materials:\n\n(1) Kraft, soda, sulfite, or semi-chemical pulping processes using wood; or\n\n(2) Mechanical pulping processes using wood; or\n\n(3) Any process using secondary or non-wood fibers.\n\n(b) The affected source to which the existing sourceprovisions of this subpart apply is as follows:\n\n(1) For the processes specified in paragraph (a)(1) of this section, the affected source is the total of all HAP emission points in the pulping and bleaching systems; or\n\n(2) For the processes specified in paragraphs (a)(2) or (a)(3) of this section, the affected source is the total of all HAP emission points in the bleaching system.\n\n(c) The new source provisions of this subpart apply to the total of all HAP emission points at new or existing sources as follows:\n\n(1) Each affected source defined in paragraph (b)(1) of this section that commences construction or reconstruction after December 17, 1993;\n\n(2) Each pulping system or bleaching system for the processes specified in paragraph (a)(1) of this section that commences construction or reconstruction after December 17, 1993;\n\n(3) Each additional pulping or bleaching line at the processes specified in paragraph (a)(1) of this section, that commences construction after December 17, 1993;\n\n(4) Each affected source defined in paragraph (b)(2) of this section that commences construction or reconstruction after March 8, 1996; or\n\n(5) Each additional bleaching line at the processes specified in paragraphs (a)(2) or (a)(3) of this section, that commences construction after March 8, 1996.\n\n(d) Each existing source shall achieve compliance no later than April 16, 2001, except as provided in paragraphs (d)(1) through (d)(3) of this section.\n\n(1) Each kraft pulping system shall achieve compliance with the pulping system provisions of \u00a7 63.443 for the equipment listed in \u00a7 63.443(a)(1)(ii) through (a)(1)(v) as expeditiously as practicable, but in no event later than April 17, 2006 and the owners and operators shall establish dates, update dates, and report the dates for the milestones specified in \u00a7 63.455(b).\n\n(2) Each dissolving-grade bleaching system at either kraft or sulfite pulping mills shall achieve compliance with the bleach plant provisions of \u00a7 63.445 of this subpart as expeditiously as practicable, but in no event later than 3 years after the promulgation of the revised effluent limitation guidelines and standards under 40 CFR 430.14 through 430.17 and 40 CFR 430.44 through 430.47.\n\n(3) Each bleaching system complying with the Voluntary Advanced Technology Incentives Program for Effluent Limitation Guidelines in 40 CFR 430.24, shall comply with the requirements specified in either paragraph (d)(3)(i) or (d)(3)(ii) of this section for the effluent limitation guidelines and standards in 40 CFR 430.24.\n\n(i) Comply with the bleach plant provisions of \u00a7 63.445 of this subpart as expeditiously as practicable, but in no event later than April 16, 2001.\n\n(ii) Comply with paragraphs (d)(3)(ii)(A), (d)(3)(ii)(B), and (d)(3)(ii)(C) of this section.\n\n(A) The owner or operator of a bleaching system shall comply with the bleach plant provisions of \u00a7 63.445 of this subpart as expeditiously as practicable, but in no event later than April 15, 2004.\n\n(B) The owner or operator of a bleaching system shall comply with the requirements specified in either paragraph (d)(3)(ii)(B)( 1 ) or (d)(3)(ii)(B)( 2 ) of this section.\n\n( 1 ) Not increase the application rate of chlorine or hypochlorite in kilograms (kg) of bleaching agent per megagram of ODP, in the bleaching system above the average daily rates used over the three months prior to June 15, 1998 until the requirements of paragraph (d)(3)(ii)(A) of this section are met and record application rates as specified in \u00a7 63.454(c).\n\n( 2 ) Comply with enforceable effluent limitations guidelines for 2,3,7,8-tetrachloro-dibenzo-p-dioxin and adsorbable organic halides at least as stringent as the baseline BAT levels set out in 40 CFR 430.24(a)(1) as expeditiously as possible, but in no event later than April 16, 2001.\n\n(C) Owners and operators shall establish dates, update dates, and report the dates for the milestones specified in \u00a7 63.455(b).\n\n(e) Each new source, specified as the total of all HAP emission points for the sources specified in paragraph (c) of this section, shall achieve compliance upon start-up or June 15, 1998, whichever is later, as provided in \u00a7 63.6(b) of subpart A of this part.\n\n(f) Each owner or operator of an affected source with affected process equipment shared by more than one type of pulping process, shall comply with the applicable requirement in this subpart that achieves the maximum degree of reduction in HAP emissions.\n\n(g) Each owner or operator of an affected source specified in paragraphs (a) through (c) of this section must comply with the requirements of subpart A\u2014General Provisions of this part, as indicated in table 1 to this subpart."], ["40:40:11.0.1.1.1.19.8.10", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.450 Standards for enclosures and closed-vent systems.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 68 FR 37348, June 23, 2003]", "(a) Each enclosure and closed-vent system specified in \u00a7\u00a7 63.443(c), 63.444(b), and 63.445(b) for capturing and transporting vent streams that contain HAP shall meet the requirements specified in paragraphs (b) through (d) of this section.\n\n(b) Each enclosure shall maintain negative pressure at each enclosure or hood opening as demonstrated by the procedures specified in \u00a7 63.457(e). Each enclosure or hood opening closed during the initial performance test specified in \u00a7 63.457(a) shall be maintained in the same closed and sealed position as during the performance test at all times except when necessary to use the opening for sampling, inspection, maintenance, or repairs.\n\n(c) Each component of the closed-vent system used to comply with \u00a7\u00a7 63.443(c), 63.444(b), and 63.445(b) that is operated at positive pressure and located prior to a control device shall be designed for and operated with no detectable leaks as indicated by an instrument reading of less than 500 parts per million by volume above background, as measured by the procedures specified in \u00a7 63.457(d).\n\n(d) Each bypass line in the closed-vent system that could divert vent streams containing HAP to the atmosphere without meeting the emission limitations in \u00a7\u00a7 63.443, 63.444, or 63.445 shall comply with either of the following requirements:\n\n(1) On each bypass line, the owner or operator shall install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that is capable of taking periodic readings as frequently as specified in \u00a7 63.454(e). The flow indicator shall be installed in the bypass line in such a way as to indicate flow in the bypass line; or\n\n(2) For bypass line valves that are not computer controlled, the owner or operator shall maintain the bypass line valve in the closed position with a car seal or a seal placed on the valve or closure mechanism in such a way that valve or closure mechanism cannot be opened without breaking the seal."], ["40:40:11.0.1.1.1.19.8.11", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7\u00a7 63.451-63.452 [Reserved]", "EPA", "", "", "", ""], ["40:40:11.0.1.1.1.19.8.12", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.453 Monitoring requirements.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 65 FR 80762, Dec. 22, 2000; 77 FR 55711, Sept. 11, 2012]", "(a) Each owner or operator subject to the standards specified in \u00a7\u00a7 63.443(c) and (d), 63.444(b) and (c), 63.445(b) and (c), 63.446(c), (d), and (e), 63.447(b) or \u00a7 63.450(d), shall install, calibrate, certify, operate, and maintain according to the manufacturer's specifications, a continuous monitoring system (CMS, as defined in \u00a7 63.2 of this part) as specified in paragraphs (b) through (m) of this section, except as allowed in paragraph (m) of this section. The CMS shall include a continuous recorder.\n\n(b) A CMS shall be operated to measure the temperature in the firebox or in the ductwork immediately downstream of the firebox and before any substantial heat exchange occurs for each thermal oxidizer used to comply with the requirements of \u00a7 63.443(d)(1) through (d)(3). Owners and operators complying with the HAP concentration requirements in \u00a7 63.443(d)(2) may install a CMS to monitor the thermal oxidizer outlet total HAP or methanol concentration, as an alternative to monitoring thermal oxidizer operating temperature.\n\n(c) A CMS shall be operated to measure the following parameters for each gas scrubber used to comply with the bleaching system requirements of \u00a7 63.445(c) or the sulfite pulping system requirements of \u00a7 63.444(c).\n\n(1) The pH or the oxidation/reduction potential of the gas scrubber effluent;\n\n(2) The gas scrubber vent gas inlet flow rate; and\n\n(3) The gas scrubber liquid influent flow rate.\n\n(d) As an option to the requirements specified in paragraph (c) of this section, a CMS shall be operated to measure the chlorine outlet concentration of each gas scrubber used to comply with the bleaching system outlet concentration requirement specified in \u00a7 63.445(c)(2).\n\n(e) The owner or operator of a bleaching system complying with 40 CFR 430.24, shall monitor the chlorine and hypochlorite application rates, in kg of bleaching agent per megagram of ODP, of the bleaching system during the extended compliance period specified in \u00a7 63.440(d)(3).\n\n(f) A CMS shall be operated to measure the gas scrubber parameters specified in paragraphs (c)(1) through (c)(3) of this section or those site specific parameters determined according to the procedures specified in paragraph (n) of this section to comply with the sulfite pulping system requirements specified in \u00a7 63.444(c).\n\n(g) A CMS shall be operated to measure the following parameters for each steam stripper used to comply with the treatment requirements in \u00a7 63.446(e) (3), (4), or (5):\n\n(1) The process wastewater feed rate;\n\n(2) The steam feed rate; and\n\n(3) The process wastewater column feed temperature.\n\n(h) As an option to the requirements specified in paragraph (g) of this section, a CMS shall be operated to measure the methanol outlet concentration to comply with the steam stripper outlet concentration requirement specified in \u00a7 63.446 (e)(4) or (e)(5).\n\n(i) A CMS shall be operated to measure the appropriate parameters determined according to the procedures specified in paragraph (n) of this section to comply with the condensate applicability requirements specified in \u00a7 63.446(c).\n\n(j) Each owner or operator using an open biological treatment system to comply with \u00a7 63.446(e)(2) shall perform the daily monitoring procedures specified in either paragraph (j)(1) or (2) of this section and shall conduct a performance test each quarter using the procedures specified in paragraph (j)(3) of this section.\n\n(1) Comply with the monitoring and sampling requirements specified in paragraphs (j)(1)(i) and (ii) of this section.\n\n(i) On a daily basis, monitor the following parameters for each open biological treatment unit:\n\n(A) Composite daily sample of outlet soluble BOD 5  concentration to monitor for maximum daily and maximum monthly average;\n\n(B) Mixed liquor volatile suspended solids;\n\n(C) Horsepower of aerator unit(s);\n\n(D) Inlet liquid flow; and\n\n(E) Liquid temperature.\n\n(ii) If the Inlet and Outlet Concentration Measurement Procedure (Procedure 3) in appendix C of this part is used to determine the fraction of HAP compounds degraded in the biological treatment system as specified in \u00a7 63.457(l), conduct the sampling and archival requirements specified in paragraphs (j)(1)(ii)(A) and (B) of this section.\n\n(A) Obtain daily inlet and outlet liquid grab samples from each biological treatment unit to have HAP data available to perform quarterly performance tests specified in paragraph (j)(3) of this section and the compliance tests specified in paragraph (p) of this section.\n\n(B) Store the samples as specified in \u00a7 63.457(n) until after the results of the soluble BOD 5  test required in paragraph (j)(1)(i)(A) of this section are obtained. The storage requirement is needed since the soluble BOD 5  test requires 5 days or more to obtain results. If the results of the soluble BOD 5  test are outside of the range established during the initial performance test, then the archive sample shall be used to perform the mass removal or percent reduction determinations.\n\n(2) As an alternative to the monitoring requirements of paragraph (j)(1) of this section, conduct daily monitoring of the site-specific parameters established according to the procedures specified in paragraph (n) of this section.\n\n(3) Conduct a performance test as specified in \u00a7 63.457(l) within 45 days after the beginning of each quarter and meet the applicable emission limit in \u00a7 63.446(e)(2).\n\n(i) The performance test conducted in the first quarter (annually) shall be performed for total HAP as specified in \u00a7 63.457(g) and meet the percent reduction or mass removal emission limit specified in \u00a7 63.446(e)(2).\n\n(ii) The remaining quarterly performance tests shall be performed as specified in paragraph (j)(3)(i) of this section except owners or operators may use the applicable methanol procedure in \u00a7 63.457(l)(1) or (2) and the value of r determined during the first quarter test instead of measuring the additional HAP to determine a new value of r.\n\n(k) Each enclosure and closed-vent system used to comply with \u00a7 63.450(a) shall comply with the requirements specified in paragraphs (k)(1) through (k)(6) of this section.\n\n(1) For each enclosure opening, a visual inspection of the closure mechanism specified in \u00a7 63.450(b) shall be performed at least once every 30 days to ensure the opening is maintained in the closed position and sealed.\n\n(2) Each closed-vent system required by \u00a7 63.450(a) shall be visually inspected every 30 days and at other times as requested by the Administrator. The visual inspection shall include inspection of ductwork, piping, enclosures, and connections to covers for visible evidence of defects.\n\n(3) For positive pressure closed-vent systems or portions of closed-vent systems, demonstrate no detectable leaks as specified in \u00a7 63.450(c) measured initially and annually by the procedures in \u00a7 63.457(d).\n\n(4) Demonstrate initially and annually that each enclosure opening is maintained at negative pressure as specified in \u00a7 63.457(e).\n\n(5) The valve or closure mechanism specified in \u00a7 63.450(d)(2) shall be inspected at least once every 30 days to ensure that the valve is maintained in the closed position and the emission point gas stream is not diverted through the bypass line.\n\n(6) If an inspection required by paragraphs (k)(1) through (k)(5) of this section identifies visible defects in ductwork, piping, enclosures or connections to covers required by \u00a7 63.450, or if an instrument reading of 500 parts per million by volume or greater above background is measured, or if enclosure openings are not maintained at negative pressure, then the following corrective actions shall be taken as soon as practicable.\n\n(i) A first effort to repair or correct the closed-vent system shall be made as soon as practicable but no later than 5 calendar days after the problem is identified.\n\n(ii) The repair or corrective action shall be completed no later than 15 calendar days after the problem is identified. Delay of repair or corrective action is allowed if the repair or corrective action is technically infeasible without a process unit shutdown or if the owner or operator determines that the emissions resulting from immediate repair would be greater than the emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown.\n\n(l) Each pulping process condensate closed collection system used to comply with \u00a7 63.446(d) shall comply with the requirements specified in paragraphs (l)(1) through (l)(3) of this section.\n\n(1) Each pulping process condensate closed collection system shall be visually inspected every 30 days and shall comply with the inspection and monitoring requirements specified in \u00a7 63.964 of subpart RR of this part, except:\n\n(i) Owners or operators shall comply with the recordkeeping requirements of \u00a7 63.454 instead of the requirements specified in \u00a7 63.964(a)(1)(vi) and (b)(3) of subpart RR of this part.\n\n(ii) Owners or operators shall comply with the inspection and monitoring requirements for closed-vent systems and control devices specified in paragraphs (a) and (k) of this section instead of the requirements specified in \u00a7 63.964(a)(2) of subpart RR of this part.\n\n(2) Each condensate tank used in the closed collection system shall be operated with no detectable leaks as specified in \u00a7 63.446(d)(2)(i) measured initially and annually by the procedures specified in \u00a7 63.457(d).\n\n(3) If an inspection required by this section identifies visible defects in the closed collection system, or if an instrument reading of 500 parts per million or greater above background is measured, then corrective actions specified in \u00a7 63.964(b) of subpart RR of this part shall be taken.\n\n(m) Each owner or operator using a control device, technique or an alternative parameter other than those specified in paragraphs (b) through (l) of this section shall install a CMS and establish appropriate operating parameters to be monitored that demonstrate, to the Administrator's satisfaction, continuous compliance with the applicable control requirements.\n\n(n) To establish or reestablish the value for each operating parameter required to be monitored under paragraphs (b) through (j), (l), and (m) of this section or to establish appropriate parameters for paragraphs (f), (i), (j)(2), and (m) of this section, each owner or operator shall use the following procedures:\n\n(1) During the initial performance test required in \u00a7 63.457(a) or any subsequent performance test, continuously record the operating parameter;\n\n(2) Determinations shall be based on the control performance and parameter data monitored during the performance test, supplemented if necessary by engineering assessments and the manufacturer's recommendations;\n\n(3) The owner or operator shall provide for the Administrator's approval the rationale for selecting the monitoring parameters necessary to comply with paragraphs (f), (i), and (m) of this section; and\n\n(4) Provide for the Administrator's approval the rationale for the selected operating parameter value, and monitoring frequency, and averaging time. Include all data and calculations used to develop the value and a description of why the value, monitoring frequency, and averaging time demonstrate continuous compliance with the applicable emission standard.\n\n(o) Each owner or operator of a control device subject to the monitoring provisions of this section shall operate the control device in a manner consistent with the minimum or maximum (as appropriate) operating parameter value or procedure required to be monitored under paragraphs (a) through (n) of this section and established under this subpart. Except as provided in paragraph (p) of this section, \u00a7 63.443(e), or \u00a7 63.446(g), operation of the control device below minimum operating parameter values or above maximum operating parameter values established under this subpart or failure to perform procedures required by this subpart shall constitute a violation of the applicable emission standard of this subpart and be reported as a period of excess emissions.\n\n(p) The procedures of this paragraph apply to each owner or operator of an open biological treatment system complying with paragraph (j) of this section whenever a monitoring parameter excursion occurs, and the owner or operator chooses to conduct a performance test to demonstrate compliance with the applicable emission limit. A monitoring parameter excursion occurs whenever the monitoring parameters specified in paragraphs (j)(1)(i)(A) through (C) of this section or any of the monitoring parameters specified in paragraph (j)(2) of this section are below minimum operating parameter values or above maximum operating parameter values established in paragraph (n) of this section.\n\n(1) As soon as practical after the beginning of the monitoring parameter excursion, the following requirements shall be met:\n\n(i) Before the steps in paragraph (p)(1)(ii) or (iii) of this section are performed, all sampling and measurements necessary to meet the requirements in paragraph (p)(2) of this section shall be conducted.\n\n(ii) Steps shall be taken to repair or adjust the operation of the process to end the parameter excursion period.\n\n(iii) Steps shall be taken to minimize total HAP emissions to the atmosphere during the parameter excursion period.\n\n(2) A parameter excursion is not a violation of the applicable emission standard if the results of the performance test conducted using the procedures in this paragraph demonstrate compliance with the applicable emission limit in \u00a7 63.446(e)(2).\n\n(i) Conduct a performance test as specified in \u00a7 63.457 using the monitoring data specified in paragraph (j)(1) or (2) of this section that coincides with the time of the parameter excursion. No maintenance or changes shall be made to the open biological treatment system after the beginning of a parameter excursion that would influence the results of the performance test.\n\n(ii) If the results of the performance test specified in paragraph (p)(2)(i) of this section demonstrate compliance with the applicable emission limit in \u00a7 63.446(e)(2), then the parameter excursion is not a violation of the applicable emission limit.\n\n(iii) If the results of the performance test specified in paragraph (p)(2)(i) of this section do not demonstrate compliance with the applicable emission limit in \u00a7 63.446(e)(2) because the total HAP mass entering the open biological treatment system is below the level needed to demonstrate compliance with the applicable emission limit in \u00a7 63.446(e)(2), then the owner or operator shall perform the following comparisons:\n\n(A) If the value of f bio  (MeOH) determined during the performance test specified in paragraph (p)(2)(i) of this section is within the range of values established during the initial and subsequent performance tests approved by the Administrator, then the parameter excursion is not a violation of the applicable standard.\n\n(B) If the value of f bio  (MeOH) determined during the performance test specified in paragraph (p)(2)(i) of this section is not within the range of values established during the initial and subsequent performance tests approved by the Administrator, then the parameter excursion is a violation of the applicable standard.\n\n(iv) The results of the performance test specified in paragraph (p)(2)(i) of this section shall be recorded as specified in \u00a7 63.454(f).\n\n(3) If an owner or operator determines that performing the required procedures under paragraph (p)(2) of this section for a nonthoroughly mixed open biological system would expose a worker to dangerous, hazardous, or otherwise unsafe conditions, all of the following procedures shall be performed:\n\n(i) Calculate the mass removal or percent reduction value using the procedures specified in \u00a7 63.457(l) except the value for f bio  (MeOH) shall be determined using the procedures in appendix E to this part.\n\n(ii) Repeat the procedures in paragraph (p)(3)(i) of this section for every day until the unsafe conditions have passed.\n\n(iii) A parameter excursion is a violation of the standard if the percent reduction or mass removal determined in paragraph (p)(3)(i) of this section is less than the percent reduction or mass removal standards specified in \u00a7 63.446(e)(2), as appropriate, unless the value of f bio  (MeOH) determined using the procedures in appendix E of this section, as specified in paragraph (p)(3)(i), is within the range of f bio  (MeOH) values established during the initial and subsequent performance tests previously approved by the Administrator.\n\n(iv) The determination that there is a condition that exposes a worker to dangerous, hazardous, or otherwise unsafe conditions shall be documented according to requirements in \u00a7 63.454(e) and reporting in \u00a7 63.455(f).\n\n(v) The requirements of paragraphs (p)(1) and (2) of this section shall be performed and met as soon as practical but no later than 24 hours after the conditions have passed that exposed a worker to dangerous, hazardous, or otherwise unsafe conditions.\n\n(q) At all times, 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. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source."], ["40:40:11.0.1.1.1.19.8.13", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.454 Recordkeeping requirements.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80763, Dec. 22, 2000; 68 FR 37348, June 23, 2003; 77 FR 55711, Sept. 11, 2012]", "(a) The owner or operator of each affected source subject to the requirements of this subpart shall comply with the recordkeeping requirements of \u00a7 63.10, as shown in Table 1 of this subpart, and the requirements specified in paragraphs (b) through (g) of this section for the monitoring parameters specified in \u00a7 63.453.\n\n(b) For each applicable enclosure opening, closed-vent system, and closed collection system, the owner or operator shall prepare and maintain a site-specific inspection plan including a drawing or schematic of the components of applicable affected equipment and shall record the following information for each inspection:\n\n(1) Date of inspection;\n\n(2) The equipment type and identification;\n\n(3) Results of negative pressure tests for enclosures;\n\n(4) Results of leak detection tests;\n\n(5) The nature of the defect or leak and the method of detection (i.e., visual inspection or instrument detection);\n\n(6) The date the defect or leak was detected and the date of each attempt to repair the defect or leak;\n\n(7) Repair methods applied in each attempt to repair the defect or leak;\n\n(8) The reason for the delay if the defect or leak is not repaired within 15 days after discovery;\n\n(9) The expected date of successful repair of the defect or leak if the repair is not completed within 15 days;\n\n(10) The date of successful repair of the defect or leak;\n\n(11) The position and duration of opening of bypass line valves and the condition of any valve seals; and\n\n(12) The duration of the use of bypass valves on computer controlled valves.\n\n(c) The owner or operator of a bleaching system complying with \u00a7 63.440(d)(3)(ii)(B) shall record the daily average chlorine and hypochlorite application rates, in kg of bleaching agent per megagram of ODP, of the bleaching system until the requirements specified in \u00a7 63.440(d)(3)(ii)(A) are met.\n\n(d) The owner or operator shall record the CMS parameters specified in \u00a7 63.453 and meet the requirements specified in paragraph (a) of this section for any new affected process equipment or pulping process condensate stream that becomes subject to the standards in this subpart due to a process change or modification.\n\n(e) The owner or operator shall set the flow indicator on each bypass line specified in \u00a7 63.450(d)(1) to provide a record of the presence of gas stream flow in the bypass line at least once every 15 minutes.\n\n(f) The owner or operator of an open biological treatment system complying with \u00a7 63.453(p) shall prepare a written record specifying the results of the performance test specified in \u00a7 63.453(p)(2).\n\n(g)  Recordkeeping of malfunctions.  The owner or operator must maintain the following records of malfunctions:\n\n(1) Records of the occurrence and duration of each malfunction of operation (i.e., process equipment) or the air pollution control and monitoring equipment.\n\n(2) Records of actions taken during periods of malfunction to minimize emissions in accordance with \u00a7 63.453(q), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation."], ["40:40:11.0.1.1.1.19.8.14", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.455 Reporting requirements.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80763, Dec. 22, 2000; 77 FR 55711, Sept. 11, 2012; 85 FR 73890, Nov. 19, 2020]", "(a) Each owner or operator of a source subject to this subpart shall comply with the reporting requirements of subpart A of this part as specified in Table 1 to subpart S of part 63 and all the following requirements in this section. The initial notification report specified under \u00a7 63.9(b)(2) of subpart A of this part shall be submitted by April 15, 1999, or no later than 120 days after the source becomes subject to this subpart, whichever is later.\n\n(b) Each owner or operator of a kraft pulping system specified in \u00a7 63.440(d)(1) or a bleaching system specified in \u00a7 63.440(d)(3)(ii) shall submit, with the initial notification report specified under \u00a7 63.9(b)(2) of subpart A of this part and paragraph (a) of this section and update every two years thereafter, a non-binding control strategy report containing, at a minimum, the information specified in paragraphs (b)(1) through (b)(3) of this section in addition to the information required in \u00a7 63.9(b)(2) of subpart A of this part.\n\n(1) A description of the emission controls or process modifications selected for compliance with the control requirements in this standard.\n\n(2) A compliance schedule, including the dates by which each step toward compliance will be reached for each emission point or sets of emission points. At a minimum, the list of dates shall include:\n\n(i) The date by which the major study(s) for determining the compliance strategy will be completed;\n\n(ii) The date by which contracts for emission controls or process modifications will be awarded, or the date by which orders will be issued for the purchase of major components to accomplish emission controls or process changes;\n\n(iii) The date by which on-site construction, installation of emission control equipment, or a process change is to be initiated;\n\n(iv) The date by which on-site construction, installation of emissions control equipment, or a process change is to be completed;\n\n(v) The date by which final compliance is to be achieved;\n\n(vi) For compliance with paragraph \u00a7 63.440(d)(3)(ii), the tentative dates by which compliance with effluent limitation guidelines and standards intermediate pollutant load effluent reductions and as available, all the dates for the best available technology's milestones reported in the National Pollutant Discharge Elimination System authorized under section 402 of the Clean Water Act and for the best professional milestones in the Voluntary Advanced Technology Incentives Program under 40 CFR 430.24 (b)(2); and\n\n(vii) The date by which the final compliance tests will be performed.\n\n(3) Until compliance is achieved, revisions or updates shall be made to the control strategy report required by paragraph (b) of this section indicating the progress made towards completing the installation of the emission controls or process modifications during the 2-year period.\n\n(c) The owner or operator of each bleaching system complying with \u00a7 63.440(d)(3)(ii)(B) shall certify in the report specified under \u00a7 63.10(e)(3) of subpart A of this part that the daily application rates of chlorine and hypochlorite for that bleaching system have not increased as specified in \u00a7 63.440(d)(3)(ii)(B) until the requirements of \u00a7 63.440(d)(3)(ii)(A) are met.\n\n(d) The owner or operator shall meet the requirements specified in paragraph (a) of this section upon startup of any new affected process equipment or pulping process condensate stream that becomes subject to the standards of this subpart due to a process change or modification.\n\n(e) If the owner or operator uses the results of the performance test required in \u00a7 63.453(p)(2) to revise the approved values or ranges of the monitoring parameters specified in \u00a7 63.453(j)(1) or (2), the owner or operator shall submit an initial notification of the subsequent performance test to the Administrator as soon as practicable, but no later than 15 days, before the performance test required in \u00a7 63.453(p)(2) is scheduled to be conducted. The owner or operator shall notify the Administrator as soon as practicable, but no later than 24 hours, before the performance test is scheduled to be conducted to confirm the exact date and time of the performance test.\n\n(f) To comply with the open biological treatment system monitoring provisions of \u00a7 63.453(p)(3), the owner or operator shall notify the Administrator as soon as practicable of the onset of the dangerous, hazardous, or otherwise unsafe conditions that did not allow a compliance determination to be conducted using the sampling and test procedures in \u00a7 63.457(l). The notification shall occur no later than 24 hours after the onset of the dangerous, hazardous, or otherwise unsafe conditions and shall include the specific reason(s) that the sampling and test procedures in \u00a7 63.457(l) could not be performed.\n\n(g)  Malfunction reporting requirements.  If a malfunction occurred during the reporting period, the report must 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. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with \u00a7 63.453(q), including actions taken to correct a malfunction.\n\n(h) The owner or operator must submit performance test reports as specified in paragraphs (h)(1) through (4) of this section.\n\n(1) The owner or operator of an affected source shall report the results of the performance test before the close of business on the 60th day following the completion of the performance test, unless approved otherwise in writing by the Administrator. A performance test is \u201ccompleted\u201d when field sample collection is terminated. Unless 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 complete test report must include the purpose of the test; a brief process description; a complete unit description, including a description of feed streams and control devices; sampling site description; pollutants measured; description of sampling and analysis procedures and any modifications to standard procedures; quality assurance procedures; record of operating conditions, including operating parameters for which limits are being set, 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; chain-of-custody documentation; explanation of laboratory data qualifiers; example calculations of all applicable stack gas parameters, emission rates, percent reduction rates, and analytical results, as applicable; and any other information required by the test method and the Administrator.\n\n(2) Within 60 days after the date of completing each performance test (defined in \u00a7 63.2) as required by this subpart, the owner or operator must submit the results of the performance tests, including any associated fuel analyses, required by this subpart to the EPA's WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through the EPA's Central Data Exchange (CDX) ( http://www.epa.gov/cdx ). Performance test data must be submitted in the file format generated through use of the EPA's Electronic Reporting Tool (ERT) (see  http://www.epa.gov/ttn/chief/ert/index.html ). Only data collected using test methods on the ERT Web site are subject to this requirement for submitting reports electronically to WebFIRE. Owners or operators who claim that some of the information being submitted for performance tests is confidential business information (CBI) must submit a complete ERT file including information claimed to be CBI on a compact disk, flash drive or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be submitted to the EPA via CDX as described earlier in this paragraph. At the discretion of the delegated authority, the owner or operator must also submit these reports, including the CBI, to the delegated authority in the format specified by the delegated authority. For any performance test conducted using test methods that are not listed on the ERT Web site, the owner or operator must submit the results of the performance test to the Administrator at the appropriate address listed in \u00a7 63.13.\n\n(3) Within 60 days after the date of completing each CEMS performance evaluation test as defined in \u00a7 63.2, the owner or operator must submit relative accuracy test audit (RATA) data to the EPA's CDX by using CEDRI in accordance with paragraph (2) of this section. Only RATA pollutants that can be documented with the ERT (as listed on the ERT Web site) are subject to this requirement. For any performance evaluations with no corresponding RATA pollutants listed on the ERT Web site, the owner or operator must submit the results of the performance evaluation to the Administrator at the appropriate address listed in \u00a7 63.13.\n\n(4) All reports required by this subpart not subject to the requirements in paragraphs (h)(2) and (3) of this section must be sent to the Administrator at the appropriate address listed in \u00a7 63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by commonly used electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraphs (h)(2) and (3) of this section in paper format"], ["40:40:11.0.1.1.1.19.8.15", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.456 Affirmative defense for violation of emission standards during malfunction.", "EPA", "", "", "[77 FR 55712, Sept. 11, 2012]", "In response to an action to enforce the standards set forth in \u00a7\u00a7 63.443(c) and (d), 63.444(b) and (c), 63.445(b) and (c), 63.446(c), (d), and (e), 63.447(b) or \u00a7 63.450(d), the owner or operator may assert an affirmative defense to a claim for civil penalties for violations of such standards that are caused by malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be assessed, however, if the owner or operator fails to meet the burden of proving all of the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief.\n\n(a) To establish the affirmative defense in any action to enforce such a standard, the owner or operator must timely meet the reporting requirements in paragraph (b) of this section, and must prove by a preponderance of evidence that:\n\n(1) The violation:\n\n(i) Was caused by a sudden, infrequent, and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner, and\n\n(ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and\n\n(iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and\n\n(iv) Was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and\n\n(2) Repairs were made as expeditiously as possible when a violation occurred. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and\n\n(3) The frequency, amount and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and\n\n(4) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and\n\n(5) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment and human health; and\n\n(6) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and\n\n(7) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and\n\n(8) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions; and\n\n(9) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violation resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of any emissions that were the result of the malfunction.\n\n(b)  Report.  The owner or operator seeking to assert an affirmative defense shall submit a written report to the Administrator with all necessary supporting documentation, that it has met the requirements set forth in paragraph (a) of this section. This affirmative defense report shall be included in the first periodic compliance, deviation report or excess emission report otherwise required after the initial occurrence of the violation of the relevant standard (which may be the end of any applicable averaging period). If such compliance, deviation report or excess emission report is due less than 45 days after the initial occurrence of the violation, the affirmative defense report may be included in the second compliance, deviation report or excess emission report due after the initial occurrence of the violation of the relevant standard."], ["40:40:11.0.1.1.1.19.8.16", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.457 Test methods and procedures.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17564, Apr. 12, 1999; 65 FR 80763, Dec. 22, 2000; 66 FR 24269, May 14, 2001; 77 FR 55712, Sept. 11, 2012; 88 FR 18412, Mar. 29, 2023]", "(a)  Performance tests.  Initial and repeat performance tests are required for the emissions sources specified in paragraphs (a)(1) and (2) of this section, except for emission sources controlled by a combustion device that is designed and operated as specified in \u00a7 63.443(d)(3) or (4).\n\n(1) Conduct an initial performance test for all emission sources subject to the limitations in \u00a7\u00a7 63.443, 63.444, 63.445, 63.446, and 63.447.\n\n(2) Conduct repeat performance tests at five-year intervals for all emission sources subject to the limitations in \u00a7\u00a7 63.443, 63.444, and 63.445. The first of the 5-year repeat tests must be conducted by September 7, 2015, and thereafter within 60 months from the date of the previous performance test. Five-year repeat testing is not required for the following:\n\n(i) Knotter or screen systems with HAP emission rates below the criteria specified in \u00a7 63.443(a)(1)(ii).\n\n(ii) Decker systems using fresh water or paper machine white water, or decker systems using process water with a total HAP concentration less than 400 parts per million by weight as specified in \u00a7 63.443(a)(1)(iv).\n\n(b)  Vent sampling port locations and gas stream properties.  For purposes of selecting vent sampling port locations and determining vent gas stream properties, required in \u00a7\u00a7 63.443, 63.444, 63.445, and 63.447, each owner or operator shall comply with the applicable procedures in paragraphs (b)(1) through (b)(6) of this section.\n\n(1) Method 1 or 1A of part 60, appendix A-1, as appropriate, shall be used for selection of the sampling site as follows:\n\n(i) To sample for vent gas concentrations and volumetric flow rates, the sampling site shall be located prior to dilution of the vent gas stream and prior to release to the atmosphere;\n\n(ii) For determining compliance with percent reduction requirements, sampling sites shall be located prior to the inlet of the control device and at the outlet of the control device; measurements shall be performed simultaneously at the two sampling sites; and\n\n(iii) For determining compliance with concentration limits or mass emission rate limits, the sampling site shall be located at the outlet of the control device.\n\n(2) No traverse site selection method is needed for vents smaller than 0.10 meter (4.0 inches) in diameter.\n\n(3) The vent gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of part 60, appendix A-1, as appropriate.\n\n(4) The moisture content of the vent gas shall be measured using Method 4 of part 60, appendix A-3.\n\n(5) To determine vent gas concentrations, the owner or operator shall conduct a minimum of three test runs that are representative of normal conditions and average the resulting pollutant concentrations using the following procedures.\n\n(i) Method 308 in Appendix A of this part; Method 320 in Appendix A of this part; Method 18 in appendix A-6 of part 60; ASTM D6420-99 (Reapproved 2004) (incorporated by reference in \u00a7 63.14(b)(28) of subpart A of this part); or ASTM D6348-03 (incorporated by reference in \u00a7 63.14(b)(54) of subpart A of this part) shall be used to determine the methanol concentration. If ASTM D6348-03 is used, the conditions specified in paragraphs (b)(5)(i)(A) though (b)(5)(i)(B) must be met.\n\n(A) The test plan preparation and implementation in the Annexes to ASTM D6348-03, sections A1 through A8 are required.\n\n(B) In ASTM D6348-03 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (Equation A5.5 of ASTM D6348-03). In order for the test data to be acceptable for a compound, %R must be between 70 and 130 percent. If the %R value does not meet this criterion for a target compound, the test data is not acceptable for that compound and the test must be repeated for that analyte following adjustment of the sampling or analytical procedure before the retest. The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound using the following equation: Reported Result = Measured Concentration in the Stack \u00d7 100)/%R.\n\n(ii) Except for the modifications specified in paragraphs (b)(5)(ii)(A) through (b)(5)(ii)(K) of this section, Method 26A of part 60, appendix A-8 shall be used to determine chlorine concentration in the vent stream.\n\n(A)  Probe/sampling line.  A separate probe is not required. The sampling line shall be an appropriate length of 0.64 cm (0.25 in) OD Teflon \u00ae tubing. The sample inlet end of the sampling line shall be inserted into the stack in such a way as to not entrain liquid condensation from the vent gases. The other end shall be connected to the impingers. The length of the tubing may vary from one sampling site to another, but shall be as short as possible in each situation. If sampling is conducted in sunlight, opaque tubing shall be used. Alternatively, if transparent tubing is used, it shall be covered with opaque tape.\n\n(B)  Impinger train.  Three 30 milliliter (ml) capacity midget impingers shall be connected in series to the sampling line. The impingers shall have regular tapered stems. Silica gel shall be placed in the third impinger as a desiccant. All impinger train connectors shall be glass and/or Teflon \u00ae.\n\n(C)  Critical orifice.  The critical orifice shall have a flow rate of 200 to 250 ml/min and shall be followed by a vacuum pump capable of providing a vacuum of 640 millimeters of mercury (mm Hg). A 45 millimeter diameter in-line Teflon 0.8 micrometer filter shall follow the impingers to protect the critical orifice and vacuum pump.\n\n(D) The following are necessary for the analysis apparatus:\n\n( 1 ) Wash bottle filled with deionized water;\n\n( 2 ) 25 or 50 ml graduated burette and stand;\n\n( 3 ) Magnetic stirring apparatus and stir bar;\n\n( 4 ) Calibrated pH Meter;\n\n( 5 ) 150-250 ml beaker or flask; and\n\n( 6 ) A 5 ml pipette.\n\n(E) The procedures listed in paragraphs (b)(5)(ii)(E)( 1 ) through (b)(5)(ii)(E)( 7 ) of this section shall be used to prepare the reagents.\n\n( 1 ) To prepare the 1 molarity (M) potassium dihydrogen phosphate solution, dissolve 13.61 grams (g) of potassium dihydrogen phosphate in water and dilute to 100 ml.\n\n( 2 ) To prepare the 1 M sodium hydroxide solution (NaOH), dissolve 4.0 g of sodium hydroxide in water and dilute to 100 ml.\n\n( 3 ) To prepare the buffered 2 percent potassium iodide solution, dissolve 20 g of potassium iodide in 900 ml water. Add 50 ml of the 1 M potassium dihydrogen phosphate solution and 30 ml of the 1 M sodium hydroxide solution. While stirring solution, measure the pH of solution electrometrically and add the 1 M sodium hydroxide solution to bring pH to between 6.95 and 7.05.\n\n( 4 ) To prepare the 0.1 normality (N) sodium thiosulfate solution, dissolve 25 g of sodium thiosulfate, pentahydrate, in 800 ml of freshly boiled and cooled distilled water in a 1-liter volumetric flask. Dilute to volume. To prepare the 0.01 N sodium thiosulfate solution, add 10.0 ml standardized 0.1 N sodium thiosulfate solution to a 100 ml volumetric flask, and dilute to volume with water.\n\n( 5 ) To standardize the 0.1 N sodium thiosulfate solution, dissolve 3.249 g of anhydrous potassium bi-iodate, primary standard quality, or 3.567 g potassium iodate dried at 103 =/\u22122 degrees Centigrade for 1 hour, in distilled water and dilute to 1000 ml to yield a 0.1000 N solution. Store in a glass-stoppered bottle. To 80 ml distilled water, add, with constant stirring, 1 ml concentrated sulfuric acid, 10.00 ml 0.1000 N anhydrous potassium bi-iodate, and 1 g potassium iodide. Titrate immediately with 0.1 n sodium thiosulfate titrant until the yellow color of the liberated iodine is almost discharged. Add 1 ml starch indicator solution and continue titrating until the blue color disappears. The normality of the sodium thiosulfate solution is inversely proportional to the ml of sodium thiosulfate solution consumed:\n\n( 6 ) To prepare the starch indicator solution, add a small amount of cold water to 5 g starch and grind in a mortar to obtain a thin paste. Pour paste into 1 L of boiling distilled water, stir, and let settle overnight. Use clear supernate for starch indicator solution.\n\n( 7 ) To prepare the 10 percent sulfuric acid solution, add 10 ml of concentrated sulfuric acid to 80 ml water in a 100 ml volumetric flask. Dilute to volume.\n\n(F) The procedures specified in paragraphs (b)(5)(ii)(F)( 1 ) through (b)(5)(ii)(F)( 5 ) of this section shall be used to perform the sampling.\n\n( 1 )  Preparation of collection train.  Measure 20 ml buffered potassium iodide solution into each of the first two impingers and connect probe, impingers, filter, critical orifice, and pump. The sampling line and the impingers shall be shielded from sunlight.\n\n( 2 )  Leak and flow check procedure.  Plug sampling line inlet tip and turn on pump. If a flow of bubbles is visible in either of the liquid impingers, tighten fittings and adjust connections and impingers. A leakage rate not in excess of 2 percent of the sampling rate is acceptable. Carefully remove the plug from the end of the probe. Check the flow rate at the probe inlet with a bubble tube flow meter. The flow should be comparable or slightly less than the flow rate of the critical orifice with the impingers off-line. Record the flow and turn off the pump.\n\n( 3 )  Sample collection.  Insert the sampling line into the stack and secure it with the tip slightly lower than the port height. Start the pump, recording the time. End the sampling after 60 minutes, or after yellow color is observed in the second in-line impinger. Record time and remove the tubing from the vent. Recheck flow rate at sampling line inlet and turn off pump. If the flow rate has changed significantly, redo sampling with fresh capture solution. A slight variation (less than 5 percent) in flow may be averaged. With the inlet end of the line elevated above the impingers, add about 5 ml water into the inlet tip to rinse the line into the first impinger.\n\n( 4 )  Sample analysis.  Fill the burette with 0.01 N sodium thiosulfate solution to the zero mark. Combine the contents of the impingers in the beaker or flask. Stir the solution and titrate with thiosulfate until the solution is colorless. Record the volume of the first endpoint (TN, ml). Add 5 ml of the 10 percent sulfuric acid solution, and continue the titration until the contents of the flask are again colorless. Record the total volume of titrant required to go through the first and to the second endpoint (TA, ml). If the volume of neutral titer is less than 0.5 ml, repeat the testing for a longer period of time. It is important that sufficient lighting be present to clearly see the endpoints, which are determined when the solution turns from pale yellow to colorless. A lighted stirring plate and a white background are useful for this purpose.\n\n( 5 )  Interferences.  Known interfering agents of this method are sulfur dioxide and hydrogen peroxide. Sulfur dioxide, which is used to reduce oxidant residuals in some bleaching systems, reduces formed iodine to iodide in the capture solution. It is therefore a negative interference for chlorine, and in some cases could result in erroneous negative chlorine concentrations. Any agent capable of reducing iodine to iodide could interfere in this manner. A chromium trioxide impregnated filter will capture sulfur dioxide and pass chlorine and chlorine dioxide. Hydrogen peroxide, which is commonly used as a bleaching agent in modern bleaching systems, reacts with iodide to form iodine and thus can cause a positive interference in the chlorine measurement. Due to the chemistry involved, the precision of the chlorine analysis will decrease as the ratio of chlorine dioxide to chlorine increases. Slightly negative calculated concentrations of chlorine may occur when sampling a vent gas with high concentrations of chlorine dioxide and very low concentrations of chlorine.\n\n(G) The following calculation shall be performed to determine the corrected sampling flow rate:\n\nWhere:\n \n S C  = Corrected (dry standard) sampling flow rate, liters per minute;\n \n S U  = Uncorrected sampling flow rate, L/min;\n \n BP = Barometric pressure at time of sampling;\n \n PW = Saturated partial pressure of water vapor, mm Hg at temperature; and\n \n t = Ambient temperature, \u00b0C.\n\nWhere:\n\nS C  = Corrected (dry standard) sampling flow rate, liters per minute;\n\nS U  = Uncorrected sampling flow rate, L/min;\n\nBP = Barometric pressure at time of sampling;\n\nPW = Saturated partial pressure of water vapor, mm Hg at temperature; and\n\nt = Ambient temperature, \u00b0C.\n\n(H) The following calculation shall be performed to determine the moles of chlorine in the sample:\n\nWhere:\n \n T N  = Volume neutral titer, ml;\n \n T A  = Volume acid titer (total), ml; and\n \n N Thio  = Normality of sodium thiosulfate titrant.\n\nWhere:\n\nT N  = Volume neutral titer, ml;\n\nT A  = Volume acid titer (total), ml; and\n\nN Thio  = Normality of sodium thiosulfate titrant.\n\n(I) The following calculation shall be performed to determine the concentration of chlorine in the sample:\n\nWhere:\n \n S C  = Corrected (dry standard) sampling flow rate, liters per minute;\n \n t S  = Time sampled, minutes;\n \n T N  = Volume neutral titer, ml;\n \n T A  = Volume acid titer (total), ml; and\n \n N Thio  = Normality of sodium thiosulfate titrant.\n\nWhere:\n\nS C  = Corrected (dry standard) sampling flow rate, liters per minute;\n\nt S  = Time sampled, minutes;\n\nT N  = Volume neutral titer, ml;\n\nT A  = Volume acid titer (total), ml; and\n\nN Thio  = Normality of sodium thiosulfate titrant.\n\n(J) The following calculation shall be performed to determine the moles of chlorine dioxide in the sample:\n\nWhere:\n \n T A  = Volume acid titer (total), ml;\n \n T N  = Volume neutral titer, ml; and\n \n N Thio  = Normality of sodium thiosulfate titrant.\n\nWhere:\n\nT A  = Volume acid titer (total), ml;\n\nT N  = Volume neutral titer, ml; and\n\nN Thio  = Normality of sodium thiosulfate titrant.\n\n(K) The following calculation shall be performed to determine the concentration of chlorine dioxide in the sample:\n\nWhere:\n \n S C  = Corrected (dry standard) sampling flow rate, liters per minute;\n \n t S  = Time sampled, minutes;\n \n T A  = Volume acid titer (total), ml;\n \n T N  = Volume neutral titer, ml; and\n \n N Thio  = Normality of sodium thiosulfate titrant.\n\nWhere:\n\nS C  = Corrected (dry standard) sampling flow rate, liters per minute;\n\nt S  = Time sampled, minutes;\n\nT A  = Volume acid titer (total), ml;\n\nT N  = Volume neutral titer, ml; and\n\nN Thio  = Normality of sodium thiosulfate titrant.\n\n(iii) Any other method that measures the total HAP or methanol concentration that has been demonstrated to the Administrator's satisfaction.\n\n(6) The minimum sampling time for each of the three test runs 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 test run.\n\n(c)  Liquid sampling locations and properties.  For purposes of selecting liquid sampling locations and for determining properties of liquid streams such as wastewaters, process waters, and condensates required in \u00a7\u00a7 63.444, 63.446, and 63.447, the owner or operator shall comply with the following procedures:\n\n(1) Samples shall be collected using the sampling procedures of the test method listed in paragraph (c)(3) of this section selected to determine liquid stream HAP concentrations;\n\n(i) Where feasible, samples shall be taken from an enclosed pipe prior to the liquid stream being exposed to the atmosphere; and\n\n(ii) When sampling from an enclosed pipe is not feasible, samples shall be collected in a manner to minimize exposure of the sample to the atmosphere and loss of HAP compounds prior to sampling.\n\n(2) The volumetric flow rate of the entering and exiting liquid streams shall be determined using the inlet and outlet flow meters or other methods demonstrated to the Administrator's satisfaction. The volumetric flow rate measurements to determine actual mass removal shall be taken at the same time as the concentration measurements.\n\n(3) The owner or operator shall conduct a minimum of three test runs that are representative of normal conditions and average the resulting pollutant concentrations. The minimum sampling time for each test run shall be 1 hour and the grab or composite samples shall be taken at approximately equally spaced intervals over the 1-hour test run period. The owner or operator shall use one of the following procedures to determine total HAP or methanol concentration:\n\n(i) Method 305 in Appendix A of this part, adjusted using the following equation:\n\nWhere:\n \n C\n   = Pollutant concentration for the liquid stream, parts per million by weight.\n \n C i  = Measured concentration of pollutant i in the liquid stream sample determined using Method 305, parts per million by weight.\n \n fm i  = Pollutant-specific constant that adjusts concentration measured by Method 305 to actual liquid concentration; the fm for methanol is 0.85. Additional pollutant fm values can be found in table 34, subpart G of this part.\n \n n = Number of individual pollutants, i, summed to calculate total HAP.\n\nWhere:\n\nC\n   = Pollutant concentration for the liquid stream, parts per million by weight.\n\nC i  = Measured concentration of pollutant i in the liquid stream sample determined using Method 305, parts per million by weight.\n\nfm i  = Pollutant-specific constant that adjusts concentration measured by Method 305 to actual liquid concentration; the fm for methanol is 0.85. Additional pollutant fm values can be found in table 34, subpart G of this part.\n\nn = Number of individual pollutants, i, summed to calculate total HAP.\n\n(ii) For determining methanol concentrations, NCASI Method DI/MEOH-94.03. This test method is incorporated by reference in \u00a7 63.14(f)(1) of subpart A of this part.\n\n(iii) Any other method that measures total HAP concentration that has been demonstrated to the Administrator's satisfaction.\n\n(4) To determine soluble BOD 5  in the effluent stream from an open biological treatment unit used to comply with \u00a7\u00a7 63.446(e)(2) and 63.453(j), the owner or operator shall use section B of method 5210 (IBR, see \u00a7 63.14) with the following modifications:\n\n(i) Filter the sample through the filter paper, into an Erlenmeyer flask by applying a vacuum to the flask sidearm. Minimize the time for which vacuum is applied to prevent stripping of volatile organics from the sample. Replace filter paper as often as needed in order to maintain filter times of less than approximately 30 seconds per filter paper. No rinsing of sample container or filter bowl into the Erlenmeyer flask is allowed.\n\n(ii) Perform method 5210B on the filtrate obtained in paragraph (c)(4) of this section. Dilution water shall be seeded with 1 milliliter of final effluent per liter of dilution water. Dilution ratios may require adjustment to reflect the lower oxygen demand of the filtered sample in comparison to the total BOD 5 . Three BOD bottles and different dilutions shall be used for each sample.\n\n(5) If the test method used to determine HAP concentration indicates that a specific HAP is not detectable, the value determined as the minimum measurement level (MML) of the selected test method for the specific HAP shall be used in the compliance demonstration calculations. To determine the MML for a specific HAP using one of the test methods specified in paragraph (c)(3) of this section, one of the procedures specified in paragraphs (c)(5)(i) and (ii) of this section shall be performed. The MML for a particular HAP must be determined only if the HAP is not detected in the normal working range of the method.\n\n(i) To determine the MML for a specific HAP, the following procedures shall be performed each time the method is set up. Set up is defined as the first time the analytical apparatus is placed in operation, after any shut down of 6 months or more, or any time a major component of the analytical apparatus is replaced.\n\n(A) Select a concentration value for the specific HAP in question to represent the MML. The value of the MML selected shall not be below the calibration standard of the selected test method.\n\n(B) Measure the concentration of the specific HAP in a minimum of three replicate samples using the selected test method. All replicate samples shall be run through the entire analytical procedure. The samples must contain the specific HAP at the selected MML concentration and should be representative of the liquid streams to be analyzed in the compliance demonstration. Spiking of the liquid samples with a known concentration of the target HAP may be necessary to ensure that the HAP concentration in the three replicate samples is at the selected MML. The concentration of the HAP in the spiked sample must be within 50 percent of the proposed MML for the demonstration to be valid. As an alternative to spiking, a field sample above the MML may be diluted to produce a HAP concentration at the MML. To be a valid demonstration, the diluted sample must have a HAP concentration within 20 percent of the proposed MML, and the field sample must not be diluted by more than a factor of five.\n\n(C) Calculate the relative standard deviation (RSD) and the upper confidence limit at the 95 percent confidence level using the measured HAP concentrations determined in paragraph (c)(5)(i)(B) of this section. If the upper confidence limit of the RSD is less than 30 percent, then the selected MML is acceptable. If the upper confidence limit of the RSD is greater than or equal to 30 percent, then the selected MML is too low, and the procedures specified in paragraphs (c)(5)(i)(A) through (C) of this section must be repeated.\n\n(ii) Provide for the Administrator's approval the selected value of the MML for a specific HAP and the rationale for selecting the MML including all data and calculations used to determine the MML. The approved MML must be used in all applicable compliance demonstration calculations.\n\n(6) When using the MML determined using the procedures in paragraph (c)(5)(ii) of this section or when using the MML determined using the procedures in paragraph (c)(5)(i), except during set up, the analytical laboratory conducting the analysis must perform and meet the following quality assurance procedures each time a set of samples is analyzed to determine compliance.\n\n(i) Using the selected test method, analyze in triplicate the concentration of the specific HAP in a representative sample. The sample must contain the specific HAP at a concentration that is within a factor of two of the MML. If there are no samples in the set being analyzed that contain the specific HAP at an appropriate concentration, then a sample below the MML may be spiked to produce the appropriate concentration, or a sample at a higher level may be diluted. After spiking, the sample must contain the specific HAP within 50 percent of the MML. If dilution is used instead, the diluted sample must contain the specific HAP within 20 percent of the MML and must not be diluted by more than a factor of five.\n\n(ii) Calculate the RSD using the measured HAP concentrations determined in paragraph (c)(6)(i) of this section. If the RSD is less than 20 percent, then the laboratory is performing acceptably.\n\n(d)  Detectable leak procedures.  To measure detectable leaks for closed-vent systems as specified in \u00a7 63.450 or for pulping process wastewater collection systems as specified in \u00a7 63.446(d)(2)(i), the owner or operator shall comply with the following:\n\n(1) Method 21, of part 60, appendix A-7; and\n\n(2) The instrument specified in Method 21 shall be calibrated before use according to the procedures specified in Method 21 on each day that leak checks are performed. The following calibration gases shall be used:\n\n(i) Zero air (less than 10 parts per million by volume of hydrocarbon in air); and\n\n(ii) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 parts per million by volume methane or n-hexane.\n\n(e)  Negative pressure procedures.  To demonstrate negative pressure at process equipment enclosure openings as specified in \u00a7 63.450(b), the owner or operator shall use one of the following procedures:\n\n(1) An anemometer to demonstrate flow into the enclosure opening;\n\n(2) Measure the static pressure across the opening;\n\n(3) Smoke tubes to demonstrate flow into the enclosure opening; or\n\n(4) Any other industrial ventilation test method demonstrated to the Administrator's satisfaction.\n\n(f)  HAP concentration measurements.  For purposes of complying with the requirements in \u00a7\u00a7 63.443, 63.444, and 63.447, the owner or operator shall measure the total HAP concentration as one of the following:\n\n(1) As the sum of all individual HAPs; or\n\n(2) As methanol.\n\n(g)  Condensate HAP concentration measurement.  For purposes of complying with the kraft pulping condensate requirements in \u00a7 63.446, the owner or operator shall measure the total HAP concentration as methanol. For biological treatment systems complying with \u00a7 63.446(e)(2), the owner or operator shall measure total HAP as acetaldehyde, methanol, methyl ethyl ketone, and propionaldehyde and follow the procedures in \u00a7 63.457(l)(1) or (2).\n\n(h)  Bleaching HAP concentration measurement.  For purposes of complying with the bleaching system requirements in \u00a7 63.445, the owner or operator shall measure the total HAP concentration as the sum of all individual chlorinated HAPs or as chlorine.\n\n(i)  Vent gas stream calculations.  To demonstrate compliance with the mass emission rate, mass emission rate per megagram of ODP, and percent reduction requirements for vent gas streams specified in \u00a7\u00a7 63.443, 63.444, 63.445, and 63.447, the owner or operator shall use the following:\n\n(1) The total HAP mass emission rate shall be calculated using the following equation:\n\nWhere:\n \n E = Mass emission rate of total HAP from the sampled vent, kilograms per hour.\n \n K 2  = Constant, 2.494 \u00d7 10 \u22126  (parts per million by volume) \u22121  (gram-mole per standard cubic meter) (kilogram/gram) (minutes/hour), where standard temperature for (gram-mole per standard cubic meter) is 20 \u00b0C.\n \n C j  = Concentration on a dry basis of pollutant j in parts per million by volume as measured by the test methods specified in paragraph (b) of this section.\n \n M j  = Molecular weight of pollutant j, gram/gram-mole.\n \n Q s  = Vent gas stream flow rate (dry standard cubic meter per minute) at a temperature of 20 \u00b0C as indicated in paragraph (b) of this section.\n \n n = Number of individual pollutants, i, summed to calculate total HAP.\n\nWhere:\n\nE = Mass emission rate of total HAP from the sampled vent, kilograms per hour.\n\nK 2  = Constant, 2.494 \u00d7 10 \u22126  (parts per million by volume) \u22121  (gram-mole per standard cubic meter) (kilogram/gram) (minutes/hour), where standard temperature for (gram-mole per standard cubic meter) is 20 \u00b0C.\n\nC j  = Concentration on a dry basis of pollutant j in parts per million by volume as measured by the test methods specified in paragraph (b) of this section.\n\nM j  = Molecular weight of pollutant j, gram/gram-mole.\n\nQ s  = Vent gas stream flow rate (dry standard cubic meter per minute) at a temperature of 20 \u00b0C as indicated in paragraph (b) of this section.\n\nn = Number of individual pollutants, i, summed to calculate total HAP.\n\n(2) The total HAP mass emission rate per megagram of ODP shall be calculated using the following equation:\n\nWhere:\n \n F = Mass emission rate of total HAP from the sampled vent, in kilograms per megagram of ODP.\n \n E = Mass emission rate of total HAP from the sampled vent, in kilograms per hour determined as specified in paragraph (i)(1) of this section.\n \n P = The production rate of pulp during the sampling period, in megagrams of ODP per hour.\n\nWhere:\n\nF = Mass emission rate of total HAP from the sampled vent, in kilograms per megagram of ODP.\n\nE = Mass emission rate of total HAP from the sampled vent, in kilograms per hour determined as specified in paragraph (i)(1) of this section.\n\nP = The production rate of pulp during the sampling period, in megagrams of ODP per hour.\n\n(3) The total HAP percent reduction shall be calculated using the following equation:\n\nWhere:\n \n R = Efficiency of control device, percent.\n \n Ei = Inlet mass emission rate of total HAP from the sampled vent, in kilograms of pollutant per hour, determined as specified in paragraph (i)(1) of this section.\n \n E o  = Outlet mass emission rate of total HAP from the sampled vent, in kilograms of pollutant per hour, determined as specified in paragraph (i)(1) of this section.\n\nWhere:\n\nR = Efficiency of control device, percent.\n\nEi = Inlet mass emission rate of total HAP from the sampled vent, in kilograms of pollutant per hour, determined as specified in paragraph (i)(1) of this section.\n\nE o  = Outlet mass emission rate of total HAP from the sampled vent, in kilograms of pollutant per hour, determined as specified in paragraph (i)(1) of this section.\n\n(j)  Liquid stream calculations.  To demonstrate compliance with the mass flow rate, mass per megagram of ODP, and percent reduction requirements for liquid streams specified in \u00a7 63.446, the owner or operator shall use the following:\n\n(1) The mass flow rates of total HAP or methanol entering and exiting the treatment process shall be calculated using the following equations:\n\nWhere:\n \n E b  = Mass flow rate of total HAP or methanol in the liquid stream entering the treatment process, kilograms per hour.\n \n E a  = Mass flow rate of total HAP or methanol in the liquid exiting the treatment process, kilograms per hour.\n \n K = Density of the liquid stream, kilograms per cubic meter.\n \n V bi  = Volumetric flow rate of liquid stream entering the treatment process during each run i, cubic meters per hour, determined as specified in paragraph (c) of this section.\n \n V ai  = Volumetric flow rate of liquid stream exiting the treatment process during each run i, cubic meters per hour, determined as specified in paragraph (c) of this section.\n \n C bi  = Concentration of total HAP or methanol in the stream entering the treatment process during each run i, parts per million by weight, determined as specified in paragraph (c) of this section.\n \n C ai  = Concentration of total HAP or methanol in the stream exiting the treatment process during each run i, parts per million by weight, determined as specified in paragraph (c) of this section.\n \n n = Number of runs.\n\nWhere:\n\nE b  = Mass flow rate of total HAP or methanol in the liquid stream entering the treatment process, kilograms per hour.\n\nE a  = Mass flow rate of total HAP or methanol in the liquid exiting the treatment process, kilograms per hour.\n\nK = Density of the liquid stream, kilograms per cubic meter.\n\nV bi  = Volumetric flow rate of liquid stream entering the treatment process during each run i, cubic meters per hour, determined as specified in paragraph (c) of this section.\n\nV ai  = Volumetric flow rate of liquid stream exiting the treatment process during each run i, cubic meters per hour, determined as specified in paragraph (c) of this section.\n\nC bi  = Concentration of total HAP or methanol in the stream entering the treatment process during each run i, parts per million by weight, determined as specified in paragraph (c) of this section.\n\nC ai  = Concentration of total HAP or methanol in the stream exiting the treatment process during each run i, parts per million by weight, determined as specified in paragraph (c) of this section.\n\nn = Number of runs.\n\n(2) The mass of total HAP or methanol per megagram ODP shall be calculated using the following equation:\n\nWhere:\n \n F = Mass loading of total HAP or methanol in the sample, in kilograms per megagram of ODP.\n \n E a  = Mass flow rate of total HAP or methanol in the wastewater stream in kilograms per hour as determined using the procedures in paragraph (j)(1) of this section.\n \n P = The production rate of pulp during the sampling period in megagrams of ODP per hour.\n\nWhere:\n\nF = Mass loading of total HAP or methanol in the sample, in kilograms per megagram of ODP.\n\nE a  = Mass flow rate of total HAP or methanol in the wastewater stream in kilograms per hour as determined using the procedures in paragraph (j)(1) of this section.\n\nP = The production rate of pulp during the sampling period in megagrams of ODP per hour.\n\n(3) The percent reduction of total HAP across the applicable treatment process shall be calculated using the following equation:\n\nWhere:\n \n R = Control efficiency of the treatment process, percent.\n \n E b  = Mass flow rate of total HAP in the stream entering the treatment process, kilograms per hour, as determined in paragraph (j)(1) of this section.\n \n E a  = Mass flow rate of total HAP in the stream exiting the treatment process, kilograms per hour, as determined in paragraph (j)(1) of this section.\n\nWhere:\n\nR = Control efficiency of the treatment process, percent.\n\nE b  = Mass flow rate of total HAP in the stream entering the treatment process, kilograms per hour, as determined in paragraph (j)(1) of this section.\n\nE a  = Mass flow rate of total HAP in the stream exiting the treatment process, kilograms per hour, as determined in paragraph (j)(1) of this section.\n\n(4) Compounds that meet the requirements specified in paragraphs (j)(4)(i) or (4)(ii) of this section are not required to be included in the mass flow rate, mass per megagram of ODP, or the mass percent reduction determinations.\n\n(i) Compounds with concentrations at the point of determination that are below 1 part per million by weight; or\n\n(ii) 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.\n\n(k)  Oxygen concentration correction procedures.  To demonstrate compliance with the total HAP concentration limit of 20 ppmv in \u00a7 63.443(d)(2), the concentration measured using the methods specified in paragraph (b)(5) of this section shall be corrected to 10 percent oxygen using the following procedures:\n\n(1) The emission rate correction factor and excess air integrated sampling and analysis procedures of Methods 3A or 3B of part 60, appendix A-2 shall be used to determine the oxygen concentration. The samples shall be taken at the same time that the HAP samples are taken. As an alternative to Method 3B, ASME PTC 19.10-1981 [Part 10] may be used (incorporated by reference, see \u00a7 63.14(i)(1)).\n\n(2) The concentration corrected to 10 percent oxygen shall be computed using the following equation:\n\nWhere:\n \n C c  = Concentration of total HAP corrected to 10 percent oxygen, dry basis, parts per million by volume.\n \n C m  = Concentration of total HAP dry basis, parts per million by volume, as specified in paragraph (b) of this section.\n \n %0 2d  = Concentration of oxygen, dry basis, percent by volume.\n\nWhere:\n\nC c  = Concentration of total HAP corrected to 10 percent oxygen, dry basis, parts per million by volume.\n\nC m  = Concentration of total HAP dry basis, parts per million by volume, as specified in paragraph (b) of this section.\n\n%0 2d  = Concentration of oxygen, dry basis, percent by volume.\n\n(l)  Biological treatment system percent reduction and mass removal calculations.  To demonstrate compliance with the condensate treatment standards specified in \u00a7 63.446(e)(2) and the monitoring requirements specified in \u00a7 63.453(j)(3) using a biological treatment system, the owner or operator shall use one of the procedures specified in paragraphs (1)(1) and (2) of this section. Owners or operators using a nonthoroughly mixed open biological treatment system shall also comply with paragraph (1)(3) of this section.\n\n(1)  Percent reduction methanol procedure.  For the purposes of complying with the condensate treatment requirements specified in \u00a7 63.446(e)(2) and (3), the methanol percent reduction shall be calculated using the following equations:\n\nWhere: \n \n R = Percent destruction.\n \n f bio (MeOH) = The fraction of methanol removed in the biological treatment system. The site-specific biorate constants shall be determined using the appropriate procedures specified in appendix C of this part.\n \n r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and propionaldehyde mass to methanol mass. \n \n F (nonmethanol)  = The sum of acetaldehyde, methyl ethyl ketone, and propionaldehyde mass flow rates (kg/Mg ODP) entering the biological treatment system determined using the procedures in paragraph (j)(2) of this section. \n \n F (methanol)  = The mass flow rate (kg/Mg ODP) of methanol entering the system determined using the procedures in paragraph (j)(2) of this section.\n\nWhere:\n\nR = Percent destruction.\n\nf bio (MeOH) = The fraction of methanol removed in the biological treatment system. The site-specific biorate constants shall be determined using the appropriate procedures specified in appendix C of this part.\n\nr = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and propionaldehyde mass to methanol mass.\n\nF (nonmethanol)  = The sum of acetaldehyde, methyl ethyl ketone, and propionaldehyde mass flow rates (kg/Mg ODP) entering the biological treatment system determined using the procedures in paragraph (j)(2) of this section.\n\nF (methanol)  = The mass flow rate (kg/Mg ODP) of methanol entering the system determined using the procedures in paragraph (j)(2) of this section.\n\n(2)  Mass removal methanol procedure.  For the purposes of complying with the condensate treatment requirements specified in \u00a7 63.446(e)(2) and (4), or \u00a7 63.446(e)(2) and (5), the methanol mass removal shall be calculated using the following equation:\n\nWhere: \n \n F = Methanol mass removal (kg/Mg ODP). \n \n F b  = Inlet mass flow rate of methanol (kg/Mg ODP) determined using the procedures in paragraph (j)(2) of this section.\n \n f bio (MeOH) = The fraction of methanol removed in the biological treatment system. The site-specific biorate constants shall be determined using the appropriate procedures specified in appendix C of this part.\n \n r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and propionaldehyde mass to methanol mass determined using the procedures in paragraph (1) of this section.\n\nWhere:\n\nF = Methanol mass removal (kg/Mg ODP).\n\nF b  = Inlet mass flow rate of methanol (kg/Mg ODP) determined using the procedures in paragraph (j)(2) of this section.\n\nf bio (MeOH) = The fraction of methanol removed in the biological treatment system. The site-specific biorate constants shall be determined using the appropriate procedures specified in appendix C of this part.\n\nr = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and propionaldehyde mass to methanol mass determined using the procedures in paragraph (1) of this section.\n\n(3) The owner or operator of a nonthoroughly mixed open biological treatment system using the monitoring requirements specified in \u00a7 63.453(p)(3) shall follow the procedures specified in section III.B.1 of appendix E of this part to determine the borate constant, Ks, and characterize the open biological treatment system during the initial and any subsequent performance tests.\n\n(m)  Condensate segregation procedures.  The following procedures shall be used to demonstrate compliance with the condensate segregation requirements specified in \u00a7 63.446(c).\n\n(1) To demonstrate compliance with the percent mass requirements specified in \u00a7 63.446(c)(2), the procedures specified in paragraphs (m)(1)(i) through (iii) of this section shall be performed.\n\n(i) Determine the total HAP mass of all condensates from each equipment system listed in \u00a7 63.446 (b)(1) through (b)(3) using the procedures specified in paragraphs (c) and (j) of this section.\n\n(ii) Multiply the total HAP mass determined in paragraph (m)(1)(i) of this section by 0.65 to determine the target HAP mass for the high-HAP fraction condensate stream or streams.\n\n(iii) Compliance with the segregation requirements specified in \u00a7 63.446(c)(2) is demonstrated if the condensate stream or streams from each equipment system listed in \u00a7 63.446(b)(1) through (3) being treated as specified in \u00a7 63.446(e) contain at least as much total HAP mass as the target total HAP mass determined in paragraph (m)(1)(ii) of this section.\n\n(2) To demonstrate compliance with the percent mass requirements specified in \u00a7 63.446(c)(3), the procedures specified in paragraphs (m)(2)(i) through (ii) of this section shall be performed.\n\n(i) Determine the total HAP mass contained in the high-HAP fraction condensates from each equipment system listed in \u00a7 63.446(b)(1) through (b)(3) and the total condensates streams from the equipment systems listed in \u00a7 63.446(b)(4) and (b)(5), using the procedures specified in paragraphs (c) and (j) of this section.\n\n(ii) Compliance with the segregation requirements specified in \u00a7 63.446(c)(3) is demonstrated if the total HAP mass determined in paragraph (m)(2)(i) of this section is equal to or greater than the appropriate mass requirements specified in \u00a7 63.446(c)(3).\n\n(n)  Open biological treatment system monitoring sampling storage.  The inlet and outlet grab samples required to be collected in \u00a7 63.453(j)(1)(ii) shall be stored at 4 \u00b0C (40 \u00b0F) to minimize the biodegradation of the organic compounds in the samples.\n\n(o) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. 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."], ["40:40:11.0.1.1.1.19.8.17", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.458 Implementation and enforcement.", "EPA", "", "", "[68 FR 37348, June 23, 2003]", "(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 this subpart is delegated to a State, local, or Tribal agency.\n\n(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.\n\n(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.\n\n(1) Approval of alternatives to the requirements in \u00a7\u00a7 63.440, 63.443 through 63.447 and 63.450. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart.\n\n(2) Approval of alternatives to using \u00a7\u00a7 63.457(b)(5)(iii), 63.457(c)(3)(ii) through (iii), and 63.257(c)(5)(ii), and any major alternatives to test methods under \u00a7 63.7(e)(2)(ii) and (f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(3) Approval of alternatives using \u00a7 64.453(m) and any major alternatives to monitoring under \u00a7 63.8(f), as defined in \u00a7 63.90, and as required in this subpart.\n\n(4) Approval of major alternatives to recordkeeping and reporting under \u00a7 63.10(f), as defined in \u00a7 63.90, and as required in this subpart."], ["40:40:11.0.1.1.1.19.8.18", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.459 Alternative standards.", "EPA", "", "", "[66 FR 34124, June 27, 2001, as amended at 66 FR 52538, Oct. 16, 2001; 69 FR 19740, Apr. 13, 2004; 77 FR 55713, Sept. 11, 2012]", "(a)  Flint River Mill.  The owner or operator of the pulping system using the kraft process at the manufacturing facility, commonly called Weyerhaeuser Company Flint River Operations, at Old Stagecoach Road, Oglethorpe, Georgia, (hereafter the Site) shall comply with all provisions of this subpart, except as specified in paragraphs (a)(1) through (a)(5) of this section.\n\n(1) The owner or operator of the pulping system is not required to control total HAP emissions from equipment systems specified in paragraphs (a)(1)(i) and (a)(1)(ii) if the owner or operator complies with paragraphs (a)(2) through (a)(5) of this section.\n\n(i) The brownstock diffusion washer vent and first stage brownstock diffusion washer filtrate tank vent in the pulp washing system specified in \u00a7 63.443(a)(1)(iii).\n\n(ii) The oxygen delignification system specified in \u00a7 63.443(a)(1)(v).\n\n(2) The owner or operator of the pulping system shall control total HAP emissions from equipment systems listed in paragraphs (a)(2)(i) through (a)(2)(ix) of this section as specified in \u00a7 63.443(c) and (d) of this subpart no later than April 16, 2002.\n\n(i) The weak liquor storage tank;\n\n(ii) The boilout tank;\n\n(iii) The utility tank;\n\n(iv) The fifty percent solids black liquor storage tank;\n\n(v) The south sixty-seven percent solids black liquor storage tank;\n\n(vi) The north sixty-seven percent solids black liquor storage tank;\n\n(vii) The precipitator make down tanks numbers one, two and three;\n\n(viii) The salt cake mix tank; and\n\n(ix) The NaSH storage tank.\n\n(3) The owner and operator of the pulping system shall operate the Isothermal Cooking system at the site while pulp is being produced in the continuous digester at any time after April 16, 2002.\n\n(i) The owner or operator shall monitor the following parameters to demonstrate that isothermal cooking is in operation:\n\n(A) Continuous digester dilution factor; and\n\n(B) The difference between the continuous digester vapor zone temperature and the continuous digester extraction header temperature.\n\n(ii) The isothermal cooking system shall be in operation when the continuous digester dilution factor and the temperature difference between the continuous digester vapor zone temperature and the continuous digester extraction header temperature are maintained as set forth in Table 2:\n\nTable 2 to Subpart S\u2014Isothermal Cooking System Operational Values\n\n(iii) The owner or operator shall certify annually the operational status of the isothermal cooking system.\n\n(4) [Reserved]\n\n(5)  Definitions.  All descriptions and references to equipment and emission unit ID numbers refer to equipment at the Site. All terms used in this paragraph shall have the meaning given them in this part and this paragraph. For the purposes of this paragraph only the following additional definitions apply:\n\nBoilout tank  means the tank that provides tank storage capacity for recovery of black liquor spills and evaporator water washes for return to the evaporators (emission unit ID No. U606);\n\nBrownstock diffusion washer  means the equipment used to wash pulp from the surge chests to further reduce lignin carryover in the pulp;\n\nContinuous digester  means the digester system used to chemically and thermally remove the lignin binding the wood chips to produce individual pulp fibers (emission unit ID No. P300);\n\nFifty percent solids black liquor storage tank  means the tank used to store intermediate black liquor prior to final evaporation in the 1A, 1B, and 1C Concentrators (emission unit ID No. U605);\n\nFirst stage brownstock diffusion washer  means the equipment that receives and stores filtrate from the first stage of washing for return to the pressure diffusion washer;\n\nIsothermal cooking system  means the 1995-1996 modernization of brownstock pulping process including conversion of the Kamyr continuous vapor phase digester to an extended delignification unit and changes in the knotting, screening, and oxygen stage systems:\n\nNaSH storage tank  means the tank used to store sodium hydrosulfite solution prior to use as make-up to the liquor system\n\nNorth sixty-seven percent solids black liquor storage tank  means one of two tanks used to store black liquor prior to burning in the Recovery Boiler for chemical recovery (emission unit ID No. U501);\n\nPrecipitator make down tank numbers one, two and three  mean tanks used to mix collected particulate from electrostatic precipitator chamber number one with 67% black liquor for recycle to chemical recovery in the Recovery Boiler (emission unit ID Nos. U504, U505 and U506);\n\nSalt cake mix tank  means the tank used to mix collected particulate from economizer hoppers with black liquor for recycle to chemical recovery in the Recovery Boiler (emission unit ID No. U503);\n\nSouth sixty-seven percent solids black liquor storage tank  means one of two tanks used to store black liquor prior to burning in the Recovery Boiler for chemical recovery (emission unit ID No. U502);\n\nUtility tank  means the tank used to store fifty percent liquor and, during black liquor tank inspections and repairs, to serve as a backup liquor storage tank (emission unit ID No. U611);\n\nWeak gas system  means high volume, low concentration or HVLC system as defined in \u00a7 63.441; and\n\nWeak liquor storage tank  means the tank that provide surge capacity for weak black liquor from digesting prior to feed to multiple effect evaporators (emission unit ID No. U610).\n\n(b)  Tomahawk Wisconsin Mill \u2014(1)  Applicability.  (i) The provisions of this paragraph (b) apply to the owner or operator of the stand-alone semi-chemical pulp and paper mill located at N9090 County Road E in Tomahawk, Wisconsin, referred to as the Tomahawk Mill.\n\n(ii) The owner or operator is not required to comply with the provisions of this paragraph (b) if the owner and operator chooses to comply with the otherwise applicable sections of this subpart and provides the EPA with notice.\n\n(iii) If the owner or operator chooses to comply with the provisions of this paragraph (b) the owner or operator shall comply with all applicable provisions of this part, including this subpart, except the following:\n\n(A) Section 63.443(b);\n\n(B) Section 63.443(c); and\n\n(C) Section 63.443(d).\n\n(2)  Collection and routing of HAP emissions.  (i) The owner or operator shall collect the total HAP emissions from each LVHC system.\n\n(ii) Each LVHC system shall be enclosed and the HAP emissions shall be vented into a closed-vent system. The enclosures and closed-vent system shall meet requirements specified in paragraph (b)(6) of this section.\n\n(iii) The HAP emissions shall be routed as follows:\n\n(A) The HAP emissions collected in the closed-vent system from the digester system shall be routed through the primary indirect contact condenser, secondary indirect contact condenser, and evaporator indirect contact condenser; and\n\n(B) The HAP emissions collected in the closed-vent system from the evaporator system and foul condensate standpipe shall be routed through the evaporator indirect contact condenser.\n\n(3)  Collection and routing of pulping process condensates.  (i) The owner or operator shall collect the pulping process condensates from the following equipment systems:\n\n(A) Primary indirect contact condenser;\n\n(B) Secondary indirect contact condenser; and\n\n(C) Evaporator indirect contact condenser.\n\n(ii) The collected pulping process condensates shall be conveyed in a closed collection system that is designed and operated to meet the requirements specified in paragraph (b)(7) of this section.\n\n(iii) The collected pulping process condensates shall be routed in the closed collection system to the wastewater treatment plant anaerobic basins for biodegradation.\n\n(iv) The pulping process condensates shall be discharged into the wastewater treatment plant anaerobic basins below the liquid surface of the wastewater treatment plant anaerobic basins.\n\n(4)  HAP destruction efficiency requirements of the wastewater treatment plant.  (i) The owner or operator shall achieve a destruction efficiency of at least one pound of HAPs per ton of ODP by biodegradation in the wastewater treatment plant.\n\n(ii) The following calculation shall be performed to determine the HAP destruction efficiency by biodegradation in the wastewater treatment plant:\n\nWhere:\n \n HAP d  = HAP destruction efficiency of wastewater treatment plant (pounds of HAPs per ton of ODP); \n \n RME fr  = flow rate of raw mill effluent (millions of gallons per day); \n \n RME c  = HAP concentration of raw mill effluent (milligrams per liter); \n \n PPC fr  = flow rate of pulping process condensates (millions of gallons per day); \n \n PPC c  = HAP concentration of pulping process condensates (milligrams per liter); \n \n ABD fr  = flow rate of anaerobic basin discharge (millions of gallons per day); \n \n ABD c  = HAP concentration of anaerobic basin discharge (milligrams per liter); and \n \n ODP r  = rate of production of oven dried pulp (tons per day).\n\nWhere:\n\nHAP d  = HAP destruction efficiency of wastewater treatment plant (pounds of HAPs per ton of ODP);\n\nRME fr  = flow rate of raw mill effluent (millions of gallons per day);\n\nRME c  = HAP concentration of raw mill effluent (milligrams per liter);\n\nPPC fr  = flow rate of pulping process condensates (millions of gallons per day);\n\nPPC c  = HAP concentration of pulping process condensates (milligrams per liter);\n\nABD fr  = flow rate of anaerobic basin discharge (millions of gallons per day);\n\nABD c  = HAP concentration of anaerobic basin discharge (milligrams per liter); and\n\nODP r  = rate of production of oven dried pulp (tons per day).\n\n(5)  Monitoring requirements and parameter ranges.  (i) The owner or operator shall install, calibrate, operate, and maintain according to the manufacturer's specifications a continuous monitoring system (CMS, as defined in \u00a7 63.2), using a continuous recorder, to monitor the following parameters:\n\n(A) Evaporator indirect contact condenser vent temperature;\n\n(B) Pulping process condensates flow rate;\n\n(C) Wastewater treatment plant effluent flow rate; and\n\n(D) Production rate of ODP.\n\n(ii) The owner or operator shall additionally monitor, on a daily basis, in each of the four anaerobic basins, the ratio of volatile acid to alkalinity (VA/A ratio). The owner or operator shall use the test methods identified for determining acidity and alkalinity as specified in 40 CFR 136.3, Table 1B.\n\n(iii) The temperature of the evaporator indirect contact condenser vent shall be maintained at or below 140 \u00b0F on a continuous basis.\n\n(iv) The VA/A ratio in each of the four anaerobic basins shall be maintained at or below 0.5 on a continuous basis.\n\n(A) The owner or operator shall measure the methanol concentration of the outfall of any basin, using NCASI Method DI/MEOH 94.03 (incorporated by reference, see \u00a7 63.14), when the VA/A ratio of that basin exceeds the following:\n\n( 1 ) 0.38, or\n\n( 2 ) The highest VA/A ratio at which the outfall of any basin has previously measured non-detect for methanol, using NCASI Method DI/MEOH 94.03 (incorporated by reference, see \u00a7 63.14).\n\n(B) If the outfall of that basin measures detect for methanol, the owner or operator shall verify compliance with the emission standard specified in paragraph (b)(4) of this section by conducting a performance test pursuant to the requirements specified in paragraph (b)(8) of this section.\n\n(v) The owner or operator may seek to establish or reestablish the parameter ranges, and/or the parameters required to be monitored as provided in paragraphs (b)(5)(i) through (v) of this section, by following the provisions of \u00a7 63.453(n)(1) through (4).\n\n(6)  Standards and monitoring requirements for each enclosure and closed-vent system.  (i) The owner or operator shall comply with the design and operational requirements specified in paragraphs (b)(6)(ii) through (iv) of this section, and the monitoring requirements of paragraphs (b)(6)(v) through (x) of this section for each enclosure and closed-vent system used for collecting and routing of HAP emissions as specified in paragraph (b)(2) of this section.\n\n(ii) Each enclosure shall be maintained at negative pressure at each enclosure or hood opening as demonstrated by the procedures specified in \u00a7 63.457(e). Each enclosure or hood opening closed during the initial performance test shall be maintained in the same closed and sealed position as during the performance test at all times except when necessary to use the opening for sampling, inspection, maintenance, or repairs.\n\n(iii) Each component of the closed-vent system that is operated at positive pressure shall be designed for and operated with no detectable leaks as indicated by an instrument reading of less than 500 parts per million by volume above background, as measured by the procedures specified in \u00a7 63.457(d).\n\n(iv) Each bypass line in the closed-vent system that could divert vent streams containing HAPs to the atmosphere without meeting the routing requirements specified in paragraph (b)(2) of this section shall comply with either of the following requirements:\n\n(A) On each bypass line, the owner or operator shall install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of the presence of gas stream flow in the bypass line at least once every 15 minutes. The flow indicator shall be installed in the bypass line in such a way as to indicate flow in the bypass line; or\n\n(B) For bypass line valves that are not computer controlled, the owner or operator shall maintain the bypass line valve in the closed position with a car seal or seal placed on the valve or closure mechanism in such a way that the valve or closure mechanism cannot be opened without breaking the seal.\n\n(v) For each enclosure opening, the owner or operator shall perform, at least once every 30 days, a visual inspection of the closure mechanism specified in paragraph (b)(6)(ii) of this section to ensure the opening is maintained in the closed position and sealed.\n\n(vi) For each closed-vent system required by paragraph (b)(2) of this section, the owner or operator shall perform a visual inspection every 30 days and at other times as requested by the Administrator. The visual inspection shall include inspection of ductwork, piping, enclosures, and connections to covers for visible evidence of defects.\n\n(vii) For positive pressure closed-vent systems, or portions of closed-vent systems, the owner or operator shall demonstrate no detectable leaks as specified in paragraph (b)(6)(iii) of this section, measured initially and annually by the procedures in \u00a7 63.457(d).\n\n(viii) For each enclosure that is maintained at negative pressure, the owner or operator shall demonstrate initially and annually that it is maintained at negative pressure as specified in \u00a7 63.457(e).\n\n(ix) For each valve or closure mechanism as specified in paragraph (b)(6)(iv)(B) of this section, the owner or operator shall perform an inspection at least once every 30 days to ensure that the valve is maintained in the closed position and the emissions point gas stream is not diverted through the bypass line.\n\n(x) If an inspection required by paragraph (b)(6) of this section identifies visible defects in ductwork, piping, enclosures, or connections to covers required by paragraph (b)(6) of this section, or if an instrument reading of 500 parts per million by volume or greater above background is measured, or if the enclosure openings are not maintained at negative pressure, then the following corrective actions shall be taken as soon as follows:\n\n(A) A first effort to repair or correct the closed-vent system shall be made as soon as practicable but no later than 5 calendar days after the problem is identified.\n\n(B) The repair or corrective action shall be completed no later than 15 calendar days after the problem is identified.\n\n(7)  Standards and monitoring requirements for the pulping process condensates closed collection system.  (i) The owner or operator shall comply with the design and operational requirements specified in paragraphs (b)(7)(ii) through (iii) of this section, and monitoring requirements of paragraph (b)(7)(iv) for the equipment systems in paragraph (b)(3) of this section used to route the pulping process condensates in a closed collection system.\n\n(ii) Each closed collection system shall meet the individual drain system requirements specified in \u00a7\u00a7 63.960, 63.961, and 63.962, except that the closed vent systems shall be designed and operated in accordance with paragraph (b)(6) of this section, instead of in accordance with \u00a7 63.693 as specified in \u00a7 63.692(a)(3)(ii), (b)(3)(ii)(A), and (b)(3)(ii)(B)(5)(iii); and\n\n(iii) If a condensate tank is used in the closed collection system, the tank shall meet the following requirements:\n\n(A) The fixed roof and all openings (e.g., access hatches, sampling ports, gauge wells) shall be designed and operated with no detectable leaks as indicated by an instrument reading of less than 500 parts per million above background, and vented into a closed-vent system that meets the requirements of paragraph (b)(6) of this section and routed in accordance with paragraph (b)(2) of this section; and\n\n(B) 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 tank contains pulping process condensates or any HAPs removed from a pulping process condensate stream except when it is necessary to use the opening for sampling, removal, or for equipment inspection, maintenance, or repair.\n\n(iv) For each pulping process condensate closed collection system used to comply with paragraph (b)(3) of this section, the owner or operator shall perform a visual inspection every 30 days and shall comply with the inspection and monitoring requirements specified in \u00a7 63.964 except for the closed-vent system and control device inspection and monitoring requirements specified in \u00a7 63.964(a)(2).\n\n(8)  Quarterly performance testing.  (i) The owner or operator shall, within 45 days after the beginning of each quarter, conduct a performance test.\n\n(ii) The owner or operator shall use NCASI Method DI/HAPS-99.01 (incorporated by reference, see \u00a7 63.14) to collect a grab sample and determine the HAP concentration of the Raw Mill Effluent, Pulping Process Condensates, and Anaerobic Basin Discharge for the quarterly performance test conducted during the first quarter each year.\n\n(iii) For each of the remaining three quarters, the owner or operator may use NCASI Method DI/MEOH 94.03 (incorporated by reference, see \u00a7 63.14) as a surrogate to collect and determine the HAP concentration of the Raw Mill Effluent, Pulping Process Condensates, and Anaerobic Basin Discharge.\n\n(iv) The sample used to determine the HAP or Methanol concentration in the Raw Mill Effluent, Pulping Process Condensates, or Anaerobic Basin Discharge shall be a composite of four grab samples taken evenly spaced over an eight hour time period.\n\n(v) The Raw Mill Effluent grab samples shall be taken from the raw mill effluent composite sampler.\n\n(vi) The Pulping Process Condensates grab samples shall be taken from a line tap on the closed condensate collection system prior to discharge into the wastewater treatment plant.\n\n(vii) The Anaerobic Basic Discharge grab samples shall be taken subsequent to the confluence of the four anaerobic basin discharges.\n\n(viii) The flow rate of the Raw Mill Effluent, Pulping Process Condensates, and Anaerobic Basin Discharge, and the production rate of ODP shall be averaged over eight hours.\n\n(ix) The data collected as specified in paragraphs (b)(5) and (b)(8) of this section shall be used to determine the HAP destruction efficiency of the wastewater treatment plant as specified in paragraph (b)(4)(ii) of this section.\n\n(x) The HAP destruction efficiency shall be at least as great as that specified by paragraph (b)(4)(i) of this section.\n\n(9)  Recordkeeping requirements.  (i) The owner or operator shall comply with the recordkeeping requirements as specified in Table 1 of subpart S of part 63 as it pertains to \u00a7 63.10.\n\n(ii) The owner or operator shall comply with the recordkeeping requirements as specified in \u00a7 63.454(b).\n\n(iii) The owner or operator shall comply with the recordkeeping requirements as specified in \u00a7 63.453(d).\n\n(10)  Reporting requirements.  (i) Each owner or operator shall comply with the reporting requirements as specified in Table 1 of \u00a7 63.10.\n\n(ii) Each owner or operator shall comply with the reporting requirements as specified in \u00a7 63.455(d).\n\n(11)  Violations.  (i) Failure to comply with any applicable provision of this part shall constitute a violation.\n\n(ii) Periods of excess emissions shall not constitute a violation provided the time of excess emissions divided by the total process operating time in a semi-annual reporting period does not exceed one percent. All periods of excess emission shall be reported, and shall include:\n\n(iii) Notwithstanding paragraph (b)(11)(ii) of this section, any excess emissions that present an imminent threat to public health or the environment, or may cause serious harm to public health or the environment, shall constitute a violation."], ["40:40:11.0.1.1.1.19.8.2", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.441 Definitions.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 77 FR 55710, Sept. 11, 2012]", "All terms used in this subpart shall have the meaning given them in the CAA, in subpart A of this part, and in this section as follows:\n\nAcid condensate storage tank  means any storage tank containing cooking acid following the sulfur dioxide gas fortification process.\n\nAffirmative defense  means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.\n\nBlack liquor  means spent cooking liquor that has been separated from the pulp produced by the kraft, soda, or semi-chemical pulping process.\n\nBleaching  means brightening of pulp by the addition of oxidizing chemicals or reducing chemicals.\n\nBleaching line  means a group of bleaching stages arranged in series such that bleaching of the pulp progresses as the pulp moves from one stage to the next.\n\nBleaching stage  means all process equipment associated with a discrete step of chemical application and removal in the bleaching process including chemical and steam mixers, bleaching towers, washers, seal (filtrate) tanks, vacuum pumps, and any other equipment serving the same function as those previously listed.\n\nBleaching system  means all process equipment after high-density pulp storage prior to the first application of oxidizing chemicals or reducing chemicals following the pulping system, up to and including the final bleaching stage.\n\nBoiler  means any enclosed combustion device that extracts useful energy in the form of steam. A boiler is not considered a thermal oxidizer.\n\nChip steamer  means a vessel used for the purpose of preheating or pretreating wood chips prior to the digester, using flash steam from the digester or live steam.\n\nClosed-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.\n\nCombustion device  means an individual unit of equipment, including but not limited to, a thermal oxidizer, lime kiln, recovery furnace, process heater, or boiler, used for the thermal oxidation of organic hazardous air pollutant vapors.\n\nDecker system  means all equipment used to thicken the pulp slurry or reduce its liquid content after the pulp washing system and prior to high-density pulp storage. The decker system includes decker vents, filtrate tanks, associated vacuum pumps, and any other equipment serving the same function as those previously listed.\n\nDigester system  means each continuous digester or each batch digester used for the chemical treatment of wood or non-wood fibers. The digester system equipment includes associated flash tank(s), blow tank(s), chip steamer(s) not using fresh steam, blow heat recovery accumulator(s), relief gas condenser(s), prehydrolysis unit(s) preceding the pulp washing system, and any other equipment serving the same function as those previously listed. The digester system includes any of the liquid streams or condensates associated with batch or continuous digester relief, blow, or flash steam processes.\n\nEmission point  means any part of a stationary source that emits hazardous air pollutants regulated under this subpart, including emissions from individual process vents, stacks, open pieces of process equipment, equipment leaks, wastewater and condensate collection and treatment system units, and those emissions that could reasonably be conveyed through a stack, chimney, or duct where such emissions first reach the environment.\n\nEvaporator system  means all equipment associated with increasing the solids content and/or concentrating spent cooking liquor from the pulp washing system including pre-evaporators, multi-effect evaporators, concentrators, and vacuum systems, as well as associated condensers, hotwells, and condensate streams, and any other equipment serving the same function as those previously listed.\n\nFlow indicator  means any device that indicates gas or liquid flow in an enclosed system.\n\nHAP  means a hazardous air pollutant as defined in \u00a7 63.2 of subpart A of this part.\n\nHigh volume, low concentration or HVLC collection system  means the gas collection and transport system used to convey gases from the HVLC system to a control device.\n\nHigh volume, low concentration or HVLC system  means the collection of equipment including the pulp washing, knotter, screen, decker, and oxygen delignification systems, weak liquor storage tanks, and any other equipment serving the same function as those previously listed.\n\nKnotter system  means equipment where knots, oversized material, or pieces of uncooked wood are removed from the pulp slurry after the digester system and prior to the pulp washing system. The knotter system equipment includes the knotter, knot drainer tanks, ancillary tanks, and any other equipment serving the same function as those previously listed.\n\nKraft pulping  means a chemical pulping process that uses a mixture of sodium hydroxide and sodium sulfide as the cooking liquor.\n\nLime kiln  means an enclosed combustion device used to calcine lime mud, which consists primarily of calcium carbonate, into calcium oxide.\n\nLow volume, high concentration or LVHC collection system  means the gas collection and transport system used to convey gases from the LVHC system to a control device.\n\nLow volume, high concentration or LVHC system  means the collection of equipment including the digester, turpentine recovery, evaporator, steam stripper systems, and any other equipment serving the same function as those previously listed.\n\nMechanical pulping  means a pulping process that only uses mechanical and thermo-mechanical processes to reduce wood to a fibrous mass. The mechanical pulping processes include, but are not limited to, stone groundwood, pressurized groundwood, refiner mechanical, thermal refiner mechanical, thermo-mechanical, and tandem thermo-mechanical.\n\nNon-wood pulping  means the production of pulp from fiber sources other than trees. The non-wood fiber sources include, but are not limited to, bagasse, cereal straw, cotton, flax straw, hemp, jute, kenaf, and leaf fibers.\n\nOven-dried pulp or ODP  means a pulp sample at zero percent moisture content by weight. Pulp samples for applicability or compliance determinations for both the pulping and bleaching systems shall be unbleached pulp. For purposes of complying with mass emission limits in this subpart, megagram of ODP shall be measured to represent the amount of pulp entering and processed by the equipment system under the specified mass limit. For equipment that does not process pulp, megagram of ODP shall be measured to represent the amount of pulp that was processed to produce the gas and liquid streams.\n\nOxygen delignification system  means the equipment that uses oxygen to remove lignin from pulp after high-density stock storage and prior to the bleaching system. The oxygen delignification system equipment includes the blow tank, washers, filtrate tanks, any interstage pulp storage tanks, and any other equipment serving the same function as those previously listed.\n\nPrimary fuel  means the fuel that provides the principal heat input to the combustion device. To be considered primary, the fuel must be able to sustain operation of the combustion device without the addition of other fuels.\n\nProcess wastewater treatment system  means a collection of equipment, a process, or specific technique that removes or destroys the HAPs in a process wastewater stream. Examples include, but are not limited to, a steam stripping unit, wastewater thermal oxidizer, or biological treatment unit.\n\nPulp washing system  means all equipment used to wash pulp and separate spent cooking chemicals following the digester system and prior to the bleaching system, oxygen delignification system, or paper machine system (at unbleached mills). The pulp washing system equipment includes vacuum drum washers, diffusion washers, rotary pressure washers, horizontal belt filters, intermediate stock chests, and their associated vacuum pumps, filtrate tanks, foam breakers or tanks, and any other equipment serving the same function as those previously listed. The pulp washing system does not include deckers, screens, knotters, stock chests, or pulp storage tanks following the last stage of pulp washing.\n\nPulping line  means a group of equipment arranged in series such that the wood chips are digested and the resulting pulp progresses through a sequence of steps that may include knotting, refining, washing, thickening, blending, storing, oxygen delignification, and any other equipment serving the same function as those previously listed.\n\nPulping process condensates  means any HAP-containing liquid that results from contact of water with organic compounds in the pulping process. Examples of process condensates include digester system condensates, turpentine recovery system condensates, evaporator system condensates, LVHC system condensates, HVLC system condensates, and any other condensates from equipment serving the same function as those previously listed. Liquid streams that are intended for byproduct recovery are not considered process condensate streams.\n\nPulping system  means all process equipment, beginning with the digester system, and up to and including the last piece of pulp conditioning equipment prior to the bleaching system, including treatment with ozone, oxygen, or peroxide before the first application of a chemical bleaching agent intended to brighten pulp. The pulping system includes pulping process condensates and can include multiple pulping lines.\n\nRecovery furnace  means an enclosed combustion device where concentrated spent liquor is burned to recover sodium and sulfur, produce steam, and dispose of unwanted dissolved wood components in the liquor.\n\nScreen system  means equipment in which oversized particles are removed from the pulp slurry prior to the bleaching or papermaking system washed stock storage.\n\nSecondary fiber pulping  means a pulping process that converts a fibrous material, that has previously undergone a manufacturing process, into pulp stock through the addition of water and mechanical energy. The mill then uses that pulp as the raw material in another manufactured product. These mills may also utilize chemical, heat, and mechanical processes to remove ink particles from the fiber stock.\n\nSemi-chemical pulping  means a pulping process that combines both chemical and mechanical pulping processes. The semi-chemical pulping process produces intermediate yields ranging from 55 to 90 percent.\n\nSoda pulping  means a chemical pulping process that uses sodium hydroxide as the active chemical in the cooking liquor.\n\nSpent liquor  means process liquid generated from the separation of cooking liquor from pulp by the pulp washing system containing dissolved organic wood materials and residual cooking compounds.\n\nSteam stripper system  means a column (including associated stripper feed tanks, condensers, or heat exchangers) used to remove compounds from wastewater or condensates using steam. The steam stripper system also contains all equipment associated with a methanol rectification process including rectifiers, condensers, decanters, storage tanks, and any other equipment serving the same function as those previously listed.\n\nStrong liquor storage tanks  means all storage tanks containing liquor that has been concentrated in preparation for combustion or oxidation in the recovery process.\n\nSulfite pulping  means a chemical pulping process that uses a mixture of sulfurous acid and bisulfite ion as the cooking liquor.\n\nTemperature monitoring device  means a piece of equipment used to monitor temperature and having an accuracy of \u00b11.0 percent of the temperature being monitored expressed in degrees Celsius or \u00b10.5 degrees Celsius ((\u00b0C), whichever is greater.\n\nThermal oxidizer  means an enclosed device that destroys organic compounds by thermal oxidation.\n\nTurpentine recovery system  means all equipment associated with recovering turpentine from digester system gases including condensers, decanters, storage tanks, and any other equipment serving the same function as those previously listed. The turpentine recovery system includes any liquid streams associated with the turpentine recovery process such as turpentine decanter underflow. Liquid streams that are intended for byproduct recovery are not considered turpentine recovery system condensate streams.\n\nWeak liquor storage tank  means any storage tank except washer filtrate tanks containing spent liquor recovered from the pulping process and prior to the evaporator system."], ["40:40:11.0.1.1.1.19.8.3", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.442 [Reserved]", "EPA", "", "", "", ""], ["40:40:11.0.1.1.1.19.8.4", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.443 Standards for the pulping system at kraft, soda, and semi-chemical processes.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 66 FR 80762, Dec. 22, 2000; 77 FR 55710, Sept. 11, 2012]", "(a) The owner or operator of each pulping system using the kraft process subject to the requirements of this subpart shall control the total HAP emissions from the following equipment systems, as specified in paragraphs (c) and (d) of this section.\n\n(1) At existing affected sources, the total HAP emissions from the following equipment systems shall be controlled:\n\n(i) Each LVHC system;\n\n(ii) Each knotter or screen system with total HAP mass emission rates greater than or equal to the rates specified in paragraphs (a)(1)(ii)(A) or (a)(1)(ii)(B) of this section or the combined rate specified in paragraph (a)(1)(ii)(C) of this section.\n\n(A) Each knotter system with emissions of 0.05 kilograms or more of total HAP per megagram of ODP (0.1 pounds per ton).\n\n(B) Each screen system with emissions of 0.10 kilograms or more of total HAP per megagram of ODP (0.2 pounds per ton).\n\n(C) Each knotter and screen system with emissions of 0.15 kilograms or more of total HAP per megagram of ODP (0.3 pounds per ton).\n\n(iii) Each pulp washing system;\n\n(iv) Each decker system that:\n\n(A) Uses any process water other than fresh water or paper machine white water; or\n\n(B) Uses any process water with a total HAP concentration greater than 400 parts per million by weight; and\n\n(v) Each oxygen delignification system.\n\n(2) At new affected sources, the total HAP emissions from the equipment systems listed in paragraphs (a)(1)(i), (a)(1)(iii), and (a)(1)(v) of this section and the following equipment systems shall be controlled:\n\n(i) Each knotter system;\n\n(ii) Each screen system;\n\n(iii) Each decker system; and\n\n(iv) Each weak liquor storage tank.\n\n(b) The owner or operator of each pulping system using a semi-chemical or soda process subject to the requirements of this subpart shall control the total HAP emissions from the following equipment systems as specified in paragraphs (c) and (d) of this section.\n\n(1) At each existing affected source, the total HAP emissions from each LVHC system shall be controlled.\n\n(2) At each new affected source, the total HAP emissions from each LVHC system and each pulp washing system shall be controlled.\n\n(c) Equipment systems listed in paragraphs (a) and (b) of this section shall be enclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (d) of this section. The enclosures and closed-vent system shall meet the requirements specified in \u00a7 63.450.\n\n(d) The control device used to reduce total HAP emissions from each equipment system listed in paragraphs (a) and (b) of this section shall:\n\n(1) Reduce total HAP emissions by 98 percent or more by weight; or\n\n(2) Reduce the total HAP concentration at the outlet of the thermal oxidizer to 20 parts per million or less by volume, corrected to 10 percent oxygen on a dry basis; or\n\n(3) Reduce total HAP emissions using a thermal oxidizer designed and operated at a minimum temperature of 871 \u00b0C (1600 \u00b0F) and a minimum residence time of 0.75 seconds; or\n\n(4) Reduce total HAP emissions using one of the following:\n\n(i) A boiler, lime kiln, or recovery furnace by introducing the HAP emission stream with the primary fuel or into the flame zone; or\n\n(ii) A boiler or recovery furnace with a heat input capacity greater than or equal to 44 megawatts (150 million British thermal units per hour) by introducing the HAP emission stream with the combustion air.\n\n(e) Periods of excess emissions reported under \u00a7 63.455 shall not be a violation of \u00a7 63.443(c) and (d) provided that the time of excess emissions divided by the total process operating time in a semi-annual reporting period does not exceed the following levels:\n\n(1) One percent for control devices used to reduce the total HAP emissions from the LVHC system; and\n\n(2) Four percent for control devices used to reduce the total HAP emissions from the HVLC system; and\n\n(3) Four percent for control devices used to reduce the total HAP emissions from both the LVHC and HVLC systems."], ["40:40:11.0.1.1.1.19.8.5", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.444 Standards for the pulping system at sulfite processes.", "EPA", "", "", "", "(a) The owner or operator of each sulfite process subject to the requirements of this subpart shall control the total HAP emissions from the following equipment systems as specified in paragraphs (b) and (c) of this section.\n\n(1) At existing sulfite affected sources, the total HAP emissions from the following equipment systems shall be controlled:\n\n(i) Each digester system vent;\n\n(ii) Each evaporator system vent; and\n\n(iii) Each pulp washing system.\n\n(2) At new affected sources, the total HAP emissions from the equipment systems listed in paragraph (a)(1) of this section and the following equipment shall be controlled:\n\n(i) Each weak liquor storage tank;\n\n(ii) Each strong liquor storage tank; and\n\n(iii) Each acid condensate storage tank.\n\n(b) Equipment listed in paragraph (a) of this section shall be enclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (c) of this section. The enclosures and closed-vent system shall meet the requirements specified in \u00a7 63.450. Emissions from equipment listed in paragraph (a) of this section that is not necessary to be reduced to meet paragraph (c) of this section is not required to be routed to a control device.\n\n(c) The total HAP emissions from both the equipment systems listed in paragraph (a) of this section and the vents, wastewater, and condensate streams from the control device used to reduce HAP emissions, shall be controlled as follows.\n\n(1) Each calcium-based or sodium-based sulfite pulping process shall:\n\n(i) Emit no more than 0.44 kilograms of total HAP or methanol per megagram (0.89 pounds per ton) of ODP; or\n\n(ii) Remove 92 percent or more by weight of the total HAP or methanol.\n\n(2) Each magnesium-based or ammonium-based sulfite pulping process shall:\n\n(i) Emit no more than 1.1 kilograms of total HAP or methanol per megagram (2.2 pounds per ton) of ODP; or\n\n(ii) Remove 87 percent or more by weight of the total HAP or methanol."], ["40:40:11.0.1.1.1.19.8.6", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.445 Standards for the bleaching system.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999]", "(a) Each bleaching system that does not use any chlorine or chlorinated compounds for bleaching is exempt from the requirements of this section. Owners or operators of the following bleaching systems shall meet all the provisions of this section:\n\n(1) Bleaching systems that use chlorine;\n\n(2) Bleaching systems bleaching pulp from kraft, sulfite, or soda pulping processes that use any chlorinated compounds; or\n\n(3) Bleaching systems bleaching pulp from mechanical pulping processes using wood or from any process using secondary or non-wood fibers, that use chlorine dioxide.\n\n(b) The equipment at each bleaching stage, of the bleaching systems listed in paragraph (a) of this section, where chlorinated compounds are introduced shall be enclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (c) of this section. The enclosures and closed-vent system shall meet the requirements specified in \u00a7 63.450. If process modifications are used to achieve compliance with the emission limits specified in paragraphs (c)(2) or (c)(3), enclosures and closed-vent systems are not required, unless appropriate.\n\n(c) The control device used to reduce chlorinated HAP emissions (not including chloroform) from the equipment specified in paragraph (b) of this section shall:\n\n(1) Reduce the total chlorinated HAP mass in the vent stream entering the control device by 99 percent or more by weight;\n\n(2) Achieve a treatment device outlet concentration of 10 parts per million or less by volume of total chlorinated HAP; or\n\n(3) Achieve a treatment device outlet mass emission rate of 0.001 kg of total chlorinated HAP mass per megagram (0.002 pounds per ton) of ODP.\n\n(d) The owner or operator of each bleaching system subject to paragraph (a)(2) of this section shall comply with paragraph (d)(1) or (d)(2) of this section to reduce chloroform air emissions to the atmosphere, except the owner or operator of each bleaching system complying with extended compliance under \u00a7 63.440(d)(3)(ii) shall comply with paragraph (d)(1) of this section.\n\n(1) Comply with the following applicable effluent limitation guidelines and standards specified in 40 CFR part 430:\n\n(i) Dissolving-grade kraft bleaching systems and lines, 40 CFR 430.14 through 430.17;\n\n(ii) Paper-grade kraft and soda bleaching systems and lines, 40 CFR 430.24(a)(1) and (e), and 40 CFR 430.26 (a) and (c);\n\n(iii) Dissolving-grade sulfite bleaching systems and lines, 40 CFR 430.44 through 430.47; or\n\n(iv) Paper-grade sulfite bleaching systems and lines, 40 CFR 430.54(a) and (c), and 430.56(a) and (c).\n\n(2) Use no hypochlorite or chlorine for bleaching in the bleaching system or line."], ["40:40:11.0.1.1.1.19.8.7", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.446 Standards for kraft pulping process condensates.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 63 FR 49459, Sept. 16, 1998; 64 FR 17563, Apr. 12, 1999; 65 FR 80762, Dec. 22, 2000; 77 FR 55711, Sept. 11, 2012]", "(a) The requirements of this section apply to owners or operators of kraft processes subject to the requirements of this subpart.\n\n(b) The pulping process condensates from the following equipment systems shall be treated to meet the requirements specified in paragraphs (c), (d), and (e) of this section:\n\n(1) Each digester system;\n\n(2) Each turpentine recovery system;\n\n(3) Each evaporator system condensate from:\n\n(i) The vapors from each stage where weak liquor is introduced (feed stages); and\n\n(ii) Each evaporator vacuum system for each stage where weak liquor is introduced (feed stages).\n\n(4) Each HVLC collection system; and\n\n(5) Each LVHC collection system.\n\n(c) One of the following combinations of HAP-containing pulping process condensates generated, produced, or associated with the equipment systems listed in paragraph (b) of this section shall be subject to the requirements of paragraphs (d) and (e) of this section:\n\n(1) All pulping process condensates from the equipment systems specified in paragraphs (b)(1) through (b)(5) of this section.\n\n(2) The combined pulping process condensates from the equipment systems specified in paragraphs (b)(4) and (b)(5) of this section, plus pulping process condensate stream(s) that in total contain at least 65 percent of the total HAP mass from the pulping process condensates from equipment systems listed in paragraphs (b)(1) through (b)(3) of this section.\n\n(3) The pulping process condensates from equipment systems listed in paragraphs (b)(1) through (b)(5) of this section that in total contain a total HAP mass of 3.6 kilograms or more of total HAP per megagram (7.2 pounds per ton) of ODP for mills that do not perform bleaching or 5.5 kilograms or more of total HAP per megagram (11.1 pounds per ton) of ODP for mills that perform bleaching.\n\n(d) The pulping process condensates from the equipment systems listed in paragraph (b) of this section shall be conveyed in a closed collection system that is designed and operated to meet the requirements specified in paragraphs (d)(1) and (d)(2) of this section.\n\n(1) Each closed collection system shall meet the individual drain system requirements specified in \u00a7\u00a7 63.960, 63.961, and 63.962 of subpart RR of this part, except for closed vent systems and control devices shall be designed and operated in accordance with \u00a7\u00a7 63.443(d) and 63.450, instead of in accordance with \u00a7 63.693 as specified in \u00a7 63.962 (a)(3)(ii), (b)(3)(ii)(A), and (b)(5)(iii); and\n\n(2) If a condensate tank is used in the closed collection system, the tank shall meet the following requirements:\n\n(i) The fixed roof and all openings (e.g., access hatches, sampling ports, gauge wells) shall be designed and operated with no detectable leaks as indicated by an instrument reading of less than 500 parts per million above background, and vented into a closed-vent system that meets the requirements in \u00a7 63.450 and routed to a control device that meets the requirements in \u00a7 63.443(d); and\n\n(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 tank contains pulping process condensates or any HAP removed from a pulping process condensate stream except when it is necessary to use the opening for sampling, removal, or for equipment inspection, maintenance, or repair.\n\n(e) Each pulping process condensate from the equipment systems listed in paragraph (b) of this section shall be treated according to one of the following options:\n\n(1) Recycle the pulping process condensate to an equipment system specified in \u00a7 63.443(a) meeting the requirements specified in \u00a7 63.443(c) and (d); or\n\n(2) Discharge the pulping process condensate below the liquid surface of a biological treatment system and treat the pulping process condensates to meet the requirements specified in paragraph (e)(3), (4), or (5) of this section, and total HAP shall be measured as specified in \u00a7 63.457(g); or\n\n(3) Treat the pulping process condensates to reduce or destroy the total HAPs by at least 92 percent or more by weight; or\n\n(4) At mills that do not perform bleaching, treat the pulping process condensates to remove 3.3 kilograms or more of total HAP per megagram (6.6 pounds per ton) of ODP, or achieve a total HAP concentration of 210 parts per million or less by weight at the outlet of the control device; or\n\n(5) At mills that perform bleaching, treat the pulping process condensates to remove 5.1 kilograms or more of total HAP per megagram (10.2 pounds per ton) of ODP, or achieve a total HAP concentration of 330 parts per million or less by weight at the outlet of the control device.\n\n(f) Each HAP removed from a pulping process condensate stream during treatment and handling under paragraphs (d) or (e) of this section, except for those treated according to paragraph (e)(2) of this section, shall be controlled as specified in \u00a7 63.443(c) and (d).\n\n(g) For each control device (e.g., steam stripper system or other equipment serving the same function) used to treat pulping process condensates to comply with the requirements specified in paragraphs (e)(3) through (5) of this section, periods of excess emissions reported under \u00a7 63.455 shall not be a violation of paragraphs (d), (e)(3) through (5), and (f) of this section provided that the time of excess emissions divided by the total process operating time in a semi-annual reporting period does not exceed 10 percent. The 10 percent excess emissions allowance does not apply to treatment of pulping process condensates according to paragraph (e)(2) of this section (e.g., the biological wastewater treatment system used to treat multiple (primarily non-condensate) wastewater streams to comply with the Clean Water Act).\n\n(h) Each owner or operator of a new or existing affected source subject to the requirements of this section shall evaluate all new or modified pulping process condensates or changes in the annual bleached or non-bleached ODP used to comply with paragraph (i) of this section, to determine if they meet the applicable requirements of this section.\n\n(i) For the purposes of meeting the requirements in paragraph (c)(2) or (3) or paragraph (e)(4) or (5) of this section at mills producing both bleached and unbleached pulp products, owners and operators may meet a prorated mass standard that is calculated by prorating the applicable mass standards (kilograms of total HAP per megagram of ODP) for bleached and unbleached mills specified in paragraph (c)(2) or (3) or paragraph (e)(4) or (5) of this section by the ratio of annual megagrams of bleached and unbleached ODP."], ["40:40:11.0.1.1.1.19.8.8", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7 63.447 Clean condensate alternative.", "EPA", "", "", "[63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 64 FR 17563, Apr. 12, 1999]", "As an alternative to the requirements specified in \u00a7 63.443(a)(1)(ii) through (a)(1)(v) for the control of HAP emissions from pulping systems using the kraft process, an owner or operator must demonstrate to the satisfaction of the Administrator, by meeting all the requirements below, that the total HAP emissions reductions achieved by this clean condensate alternative technology are equal to or greater than the total HAP emission reductions that would have been achieved by compliance with \u00a7 63.443(a)(1)(ii) through (a)(1)(v).\n\n(a) For the purposes of this section only the following additional definitions apply.\n\n(1)  Clean condensate alternative affected source  means the total of all HAP emission points in the pulping, bleaching, causticizing, and papermaking systems (exclusive of HAP emissions attributable to additives to paper machines and HAP emission points in the LVHC system).\n\n(2)  Causticizing system  means all equipment associated with converting sodium carbonate into active sodium hydroxide. The equipment includes smelt dissolving tanks, lime mud washers and storage tanks, white and mud liquor clarifiers and storage tanks, slakers, slaker grit washers, lime kilns, green liquor clarifiers and storage tanks, and dreg washers ending with the white liquor storage tanks prior to the digester system, and any other equipment serving the same function as those previously listed.\n\n(3)  Papermaking system  means all equipment used to convert pulp into paper, paperboard, or market pulp, including the stock storage and preparation systems, the paper or paperboard machines, and the paper machine white water system, broke recovery systems, and the systems involved in calendering, drying, on-machine coating, slitting, winding, and cutting.\n\n(b) Each owner or operator shall install and operate a clean condensate alternative technology with a continuous monitoring system to reduce total HAP emissions by treating and reducing HAP concentrations in the pulping process water used within the clean condensate alternative affected source.\n\n(c) Each owner or operator shall calculate HAP emissions on a kilogram per megagram of ODP basis and measure HAP emissions according to the appropriate procedures contained in \u00a7 63.457.\n\n(d) Each owner or operator shall determine the baseline HAP emissions for each equipment system and the total of all equipment systems in the clean condensate alternative affected source based on the following:\n\n(1) Process and air pollution control equipment installed and operating on December 17, 1993, and\n\n(2) Compliance with the following requirements that affect the level of HAP emissions from the clean condensate alternative affected source:\n\n(i) The pulping process condensates requirements in \u00a7 63.446;\n\n(ii) The applicable effluent limitation guidelines and standards in 40 CFR part 430, subparts A, B, D, and E; and\n\n(iii) All other applicable requirements of local, State, or Federal agencies or statutes.\n\n(e) Each owner or operator shall determine the following HAP emission reductions from the baseline HAP emissions determined in paragraph (d) of this section for each equipment system and the total of all equipment systems in the clean condensate alternative affected source:\n\n(1) The HAP emission reduction occurring by complying with the requirements of \u00a7 63.443(a)(1)(ii) through (a)(1)(v); and\n\n(2) The HAP emissions reduction occurring by complying with the clean condensate alternative technology.\n\n(f) For the purposes of all requirements in this section, each owner or operator may use as an alternative, individual equipment systems (instead of total of all equipment systems) within the clean condensate alternative affected source to determine emissions and reductions to demonstrate equal or greater than the reductions that would have been achieved by compliance with \u00a7 63.443(a)(1)(ii) through (a)(1)(v).\n\n(g) The initial and updates to the control strategy report specified in \u00a7 63.455(b) shall include to the extent possible the following information:\n\n(1) A detailed description of:\n\n(i) The equipment systems and emission points that comprise the clean condensate alternative affected source;\n\n(ii) The air pollution control technologies that would be used to meet the requirements of \u00a7 63.443(a)(1)(ii) through (a)(1)(v); and\n\n(iii) The clean condensate alternative technology to be used.\n\n(2) Estimates and basis for the estimates of total HAP emissions and emission reductions to fulfill the requirements of paragraphs (d), (e), and (f) of this section.\n\n(h) Each owner or operator shall report to the Administrator by the applicable compliance date specified in \u00a7 63.440(d) or (e) the rationale, calculations, test procedures, and data documentation used to demonstrate compliance with all the requirements of this section."], ["40:40:11.0.1.1.1.19.8.9", 40, "Protection of Environment", "I", "C", "63", "PART 63\u2014NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES", "S", "Subpart S\u2014National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry", "", "\u00a7\u00a7 63.448-63.449 [Reserved]", "EPA", "", "", "", ""]], "truncated": false, "filtered_table_rows_count": 2479, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 and \"title_number\" = :p1 order by section_id limit 101", "params": {"p0": "63", "p1": "40"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=63&title_number=40", "results": [{"value": 40, "label": 40, "count": 2479, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=63", "selected": true}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=63&title_number=40", "results": [{"value": "EPA", "label": "EPA", "count": 2479, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=63&title_number=40&agency=EPA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=63&title_number=40", "results": [{"value": "63", "label": "63", "count": 2479, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?title_number=40", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=63&title_number=40&_facet=part_name"}], "next": "40~3A40~3A11~2E0~2E1~2E1~2E1~2E19~2E8~2E9,40~3A40~3A11~2E0~2E1~2E1~2E1~2E19~2E8~2E9", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=63&title_number=40&_next=40~3A40~3A11~2E0~2E1~2E1~2E1~2E19~2E8~2E9%2C40~3A40~3A11~2E0~2E1~2E1~2E1~2E19~2E8~2E9&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 1025.2754709799774, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}